HomeMy WebLinkAboutCC 2001-12-17 Agendas
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CITY OF NORTH RICH LAND HILLS
PRE-COUNCIL AGENDA
DECEMBER 17, 2001 - 6:00 PM
For the Special Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers
7301 Northeast Loop 820.
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NUMBER ITEM ACTION
TAKEN
1. Discuss Items from Special December 17, 2001 City Council
MeetinQ (5 Minutes)
2. IR 2001-188 Discuss Options for Decorative Street Lighting on North
Tarrant Parkway (30 minutes)
3. IR2001-187 Joint Work Session with City Council and the Planning and
Zoning Commission (5 Minutes)
4. Executive Session - The Council may enter into closed
Executive Session to discuss the following: (10 Minutes)
Personnel Matters Under Government Code §551.074-
City Attorney AQreement I
15. I Adjournment - 6:50 pm I
*Closed due to subject matter as provided by the Open Meetings Law. If any action is
contemplated, it will be taken in open session.
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Date
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Time
12/17/01
City Council Agenda
Page 1 of 4
City Secretary
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CITY OF NORTH RICH LAND HILLS
CITY COUNCIL AGENDA
DECEMBER 17, 2001 -7:00 PM
For the Special Meeting conducted at the North Richland Hills City Hall Council Chambers 7301
Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion
and/or action.
1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for
separate discussion.
2. The Council reserves the right to retire into executive session concerning any of the items
listed on this Agenda, whenever it is considered necessary and legally justified under the Open
Meetings Act.
3. Persons with disabilities who plan to attend this meeting and who may need assistance should
contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so
that appropriate arrangements can be made.
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NUMBER I ITEM I ACTION TAKEN I
1. , Call to Order I
2. Invocation -
Girl Scout Troop 1262
Lisa Juren - Troop Leader
3. Pledge -
Girl Scout Troop 1262
Lisa Juren - Troop Leader
4. Special Presentations
1) Presentation of Excellence Award to
Library - Tom Fleming, President of the
SCORE Chapter120
5. Removal of Item(s) from the Consent Agenda
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12/17/01
City Council Agenda
Page 2 of 4
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6. Consent Agenda:
PU 2001-048 a) Award Bid for Annual Contract to Print
Various City Newsletters and Brochures -
Resolution No. 2001-074
7. PS 2001-42 Consideration of a Request by Michael Clark
of Winkelmann & Associates, Inc. for the
Approval of the Final Plat of Davis Towne
Crossing Addition for a proposed Super Target
Store and Related Retail Uses (Located at the
intersection of Davis Boulevard and Precinct
Line Road)
8. GN 2001-118 Consider Adoption of 2000 International
Residential Code - Ordinance No. 2590
9. GN 2001-119 Consider Adoption of 1999 National Electrical
Code - Ordinance No. 2591
10. GN 2001-120 Consider Adoption of 2002 NRH Supplemental
Development Code - Ordinance No. 2592
11. GN 2001-121 Consider Adoption of 2002 Building &
Development Fee Schedule - Ordinance No.
2593
12. GN 2001-122 Approval of Compensation Plan Market
Adjustment
13. GN 2001-123 Interlocal Agreement with the City of Hurst for
Traffic Signal Synchronization and Monument
SiQn - Resolution No. 2001-073
14. GN 2001-124 Regulating the Use of Skateboards, Roller
Skates, Rollerblades and Bicycles in
Prohibited Public Areas - Ordinance No. 2587
15. GN 2001-125 Consider Approval of Contract with Taylor,
Olsen, Adkins, Sralla and Elam, LLP for Legal
Services
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12/17/01
City Council Agenda
Page 3 of 4
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16. GN 2001-126 Consider Amendment to Original Tax Incentive
Agreement with North Hills Mall for Expanding
Initial Lease Up Period and Occupancy Failure
Date to January 1, 2004
17. a) Citizens Presentation
b) I nformation and Reports
18. Adjournment
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12/17/01
City Council Agenda
Page 4 of 4
City Secretary
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2001-188
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December 17, 2001
Selection of Streetlights for North Tarrant Parkway
The consultant preparing the plans and specifications for the North Tarrant Parkway
Improvements, Kimley-Horn and Associates, Inc., is finalizing the construction documents for
the project. Decorative street lighting, in accordance with the recommendations of the City
Image Study, is included in the design and budget for the project.
Selection of the style of streetlights is necessary in order to complete the construction
documents. Staff has researched and evaluated the following two options:
Option 1 - Use the "Archetype" fixtures along the parkways on both sides of the
thoroughfare on 30' poles. These lights would be supplemented with the
decorative Hadco fixture, as seen in the City Image Study, along the walking
trail and entry drives on 16' poles.
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Pros
Minimizes otential for "hots ots."
Primary light source is an inexpensive
fixtu re.
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ISSUED BY THE CITY MANAGER
Cons
Two different manufacturers.
Two different styles of fixture and pole
heights will be adjacent in some
instances.
Possible darks pots on inside turn
lanes.
No decorative pedestrian scale lighting
along the parkway as recommended in
the Cit Ima e Stud.
NORTH RICHLAND HILLS, TEXAS
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e Option 2 - Use the "Era" style fixture by Kim to provide both functional lighting of the
thoroughfare and additional decorative lighting. This fixture is available in
two sizes. The larger light would be placed on 30' poles along the parkways
on both sides of the street, and the smaller fixtures would accent the walking
trail and entry drives on 16' poles.
Pros
Identical style fixtures for both
functional and supplemental lighting.
Minimizes potential for "hotspots."
Cons
Style of functional light fixture prohibits
options other than its matching
counterpart.
No decorative pedestrian scale lighting
along the parkway as recommended in
the City Image Study.
Possible darkspots on inside turn
lanes.
Allows pedestrian scale decorative
lighting along walking trail.
Sinqle manufacturer.
Average 1 foot-candle light coverage.
The two options above represent viable opportunities for providing decorative, functional street
lighting in lieu of the standard TXU cobra head fixtures and poles. In both options, all
fit functional lighting, poles and fixtures are located within the outside parkway strips providing
the best opportunity to enhance the landscape lighting within the median.
I will have representatives from Parks and Public Works available at the pre-council meeting
should any technical questions arise. The presentation will have illustrations of the two
available decorative, yet functional lighting fixtures that are being recommended. Also,
attached are maintenance and operation comparison between the decorative option and the
standard TXU "cobra" style fixture. Currently, TXU provides all maintenance and operations
on any TXU approved fixture. However, for these types of decorative fixtures on this type of
roadway the city will be responsible for maintenance costs.
We look forward to discussing these options in more detail, and please do not hesitate to
contact me with any questions.
Sincerely,
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Steve Norwood
Assistant City Manager
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... ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
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Street Light Cost Comparison
Caoital Cost O&M Cost (oer vear)
$ 2,000
Non- TXU Decorative (each light)
Style $10,000
$80,000
(40 lights)
$ 1 ,300
TXU Decorative (each light) No additional cost
"Shoe Box" Style (cost included with power)
$52,000
(40 lights)
$ 500
TXU Standard (each light) No additional cost
"Cobra Head" Style (cost included with power)
$20,000
(40 lights)
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR01-187
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Date: December 17, 2001
Subject: Joint Work Session with City Council and the Planning and Zoning
Commission
Recently there had been discussions among Council Members to schedule a joint work
session with the Planning and Zoning Commission to address issues related to future
development and philosophy. The Planning and Zoning Commission is also looking forward
to having this joint work session and the earliest date possible that they could schedule
would be Monday, January 7, 2002. At the meeting on Monday evening we would like to
attempt to reach an agreement among City Council members if this date is acceptable, if not
please bring with you other dates during January and the first part of February that would be
workable. The Planning and Zoning Commission will be meeting Thursday, December 13
and we will ask them for an additional two or three days during January or early February that
we can schedule a joint work session.
Steve Norwood
Assistant City Manager
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ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS
e ~'pecial Presentations
Recipient:
Excellence Award
Tom Fleming, Presjdent of SCORE, Fort Worth
Chapter 120
Steve Brown, Director of Library Services
SCORE has worked closely with the Library as they hosted
many of their small business meetings at the NRH Library.
SCORE won this award and wanted to share it with the
Library because of their assistance in allowing them to
facilitate at their facility.
Award:
Presenter:
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CITY OF
NORTH RICHLAND HILLS
Department: Finance / Communications
Council Meeting Date: 12/17/2001
Subject: Award Bid for Annual Contract to Print Various City
Newsletters and Brochures - Resolution No. 2001-074
Agenda Number: PU 2001-048
In the 2001/2002 approved budget, Council appropriated funds for the printing of various
brochures and newsletters. Formal bids were solicited for an annual contract to include all
layout and design services, printing and delivery of four different publications. The
publications included in the bid are the City Newsletter and NRH News and Notes for the
Communications Department, NRH Upclose for Economic Development and the Time of
Your Life Brochure for the Parks and Recreation Department. Because the content of
each issue will vary depending on the information to be included, vendors were requested
to submit a quote for printing one issue of each newsletter or brochure as a sample.
Attached is a spreadsheet detailing the bids submitted with the recommended bid award
for each publication highlighted. '
The bid submitted by Hurst-Euless Printing does not include design and layout charges.
There would be an additional $40 per hour charge for these services added to the bid
quoted, therefore they would not be the low bidder. Print Central and Printing Arts have
previously done work for the City and have always produced quality work. The references
checked for Global Group all responded favorable.
Recommendation: To award the bid for an annual contract to print the City Newsletter to
Printing Arts, NRH News and Notes to Print Central and NRH Upclose and Time of Your
Life Brochure to Global Group and approve Resolution No. 2001-074 authorizing the City
Manager to execute the contracts.
Finance Review
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Budget Director
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Page 1 of 3
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RESOLUTION NO. 2001-074
e BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that:
1.
The City Manager is hereby authorized to contract for the following printing services:
1. Printing Arts, City Newsletter, for $24,716 annually
2. Global Group, NRH Upclose for $6,194 and Time of Your Life for $44,802 annually
3. Print Central, News and Notes, for $5,214 annually
PASSED AND APPROVED this 17th day of December, 2001.
APPROVED:
Charles Scoma
Mayor
ATTEST:
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Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
\"1 ". ...' '- '-~ _
, L.-·'L i -- _.,
~ Rex McEntire, Attorney for the City
APPROVED AS TO CONTENT:
Larry Ko ce, Director of Finance
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CITY OF
NORTH RICHLAND HILLS
Department:
Planning & Inspections Department
12/17/01
Council Meeting Date:
Subject: Consider the request from Michael Clark representing Agenda Number: PS 2001-42
Winkelmann & Associates, Inc. for the approval of the Final Plat of Davis Towne Crossing
Addition for a proposed Super Target store and related retail located at the intersection of
Davis Boulevard and Precinct line Road (21.39 acres).
CASE SUMMARY:
Michael Clark on behalf of the property owner, John Barfield, has submitted a Final Plat for
the Davis Town Crossing Addition for approval. The purpose of this plat is to subdivide the
site for future retail development including a proposed Super Target Store. The
Preliminary Plat (PS 2001-36) was approved by the Planning Commission on October 25,
2001.
The Development Review Committee has reviewed the plat for compliance with the
Subdivision Rules and regulations. The plat complies with both the Zoning and
Subdivision Ordinances. Attached is a memo from the Public Works Department
concerning this plat. Also attached is a letter from the applicant responding to these
comments.
. Current Zoning: C-1 Retail. The proposed retail uses are permitted by the current zoning.
Comprehensive Plan: The Plan indicates retail uses for the site. The proposed uses are
consistent with the Plan.
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Right Of Way: No additional ROW is required for this development.
Utilities: No issues concerning the extension of utilities to the site have been identified.
Flood or Drainage: The Drainage/Detention Plan submitted for review indicates three
detention ponds on site. No drainage issues have been identified.
Traffic/Access: A Traffic Impact Analysis was prepared for this site by the applicant and
reviewed by the City's consultant. Attached is a response letter from the City's consultant,
Kimley-Horn and Associates and a response from the applicant's consultant. As part of
this request the applicant is requesting a variance from the min. 500' driveway spacing.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other =~
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Department Head Signature
Account Number
Sufficient Funds Available
Finance Director
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PS 2001-42 Davis Towne Crossing CC
Page 1 of 2
CITY OF
NORTH RICHLAND HILLS
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Tree Preservation: The site does not exhibit extensive foliage. A tree survey and
landscape plan will have to be submitted to staff for review during the building permit
process.
Parkland Dedication Fee: Park Impact Fees of $21,391 represents $1000 per acre
calculated for 21.391 acres.
RECOMMENDATION:
The Planning and Zoning Commission at their meeting on November 20, 2001,
recommended approval of PS 2001-42 subject to staff and engineering comments by a vote
of 7-0.
It is staff's recommendation that truck traffic be restricted from entrance and exit on Davis
Boulevard as it is for the adjacent Super Walmart and that the requested variance from the
500 foot driveway entrances be allowed only if adequate designs are provided to prohibit
major truck traffic access from Davis Boulevard.
To approve PS 2001- 42 a Final Plat of Davis Towne Crossing Addition subject to staff
and engineering comments.
CITY COUNCIL ACTION ITEM
PS 2001-42 Davis Towne Crossing CC
Page 2 of 2
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PS 2001-42
CONSIDERA TION OF A REQUEST BY MICHAEL CLARK REPRESENTING
WINKELMANN & ASSOCIATES, INC. FOR THE APPROVAL OF THE FINAL PLAT
OF DAVIS TOWNE CROSSING ADDITION LOCATED AT THE INTERESECTION OF
DAVIS BOULEVARD AND PRECINCT LINE ROAD FOR A PROPOSED SUPER
TARGET AND ASSOCIATED RETAIL USES.
APPROVED
Zoning Administrator Cathy Horton summarized the case by stating that The
Preliminary Plat was approved October 25, 2001. The primary development on the
propety will include a Super Target store. A Traffic Impact Analysis was prepared for
this site by the applicant and reviewed by the City's consultant. We received a detailed
letter from Kimley-Horn and Associates contained in the agenda packet.
Staff recommends approval of the final plat subject to comments.
The Commission members had questions regarding the Traffic Analysis. Barbara
Leftwich with Leftwich And Associates answered the questions stating that the existing
traffic flow is over its capacity. She further explained the impact of restriping the
streets.
Ted Nehring recommended adding a street light. Mrs. Leftwich indicated the City would
need to approach TX Dot with a proposal. Chairman Don Bowen asked Mike Walker if
there are any plans for this proposal to TX Dot? Mike Walker states that Mike Clark has
submitted a request to TX Dot and they are waiting for a response.
Doug Blue, seconded by Ted Nehring, motioned to approve PS 2001-42 subject to staff
and engineering comments. The motion carried unanimously 7-0.
Page 3 11/20/01
P & Z Minutes
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NRH
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CITY '.:'F \.("RTH RIC!--{L-\\iD HILLS
December 10, 2001
MEMO TO: Dave Green, Planner
FROM: Jon Lovell, Engineer Associate
SUBJECT: DAVIS TOWNE CROSSING, BLOCK 1, LOTS 1-5;
PS2001-42; Final Plat
Public Works has reviewed the final plat submitted to this office on December 4,2001. We
have the following comments.
1. SURVEYOR'S SEAUCERTIFICATION The surveyor's seal needs to be shown on the
plat drawing. A signature is required on the surveyor's certification.
2. LINE TABLE Labels on the plat drawing do not correspond to the correct bearing and
distance as shown in the line table or in the metes and bounds description.
3. CURVE TABLE Data for curve C-2 does not match information shown on the plat
drawing or in the metes and bounds description.
4. UTILITY/ACCESS EASEMENTS The existing 7.5' utility easement along the southeast
property line of Vista Addition is mislabeled as a 15' utility easement. Revise the leader
line for the "existing access easement" shown on Detail 'A' to show the easement.
5. WATER/SEWER EASEMENTS Show and label the existing water line easement along
the northeast property line of Vista Addition and the existing sanitary sewer easement
along Precinct Line Road.
6. ACCESS EASEMENTS A mutual access easement will be required between Lots 4 and
5.
7. DRIVEWAY SPACING The driveway spacing proposed for this development does not
meet Public Works requirements. The minimum distance between driveway approaches
is 500 feet. While the traffic impact analysis supports the spacing shown, a variance will
be required from the City Council.
This memo is to be used in conjunction with the marked up plat. A separate letter addressing
specific engineering comments will be forwarded to the engineer.
cc: Mike Curtis, P.E., Public Works Director
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CONSUL TINO CNlL ENGINEERS . SlJAVEYORS
December 11, 2001
City ofN. Richland Hills
Planning Department
P.O. Box 820609
7301 Northeast Loop 820
North Richland Hills, Tx 76182
Attn: Dave Green, Planner
RE: Davis Towne Crossing, Block 1, Lots 1-5
PS 2001-42, Final Plat
Mr. Green:
Enclosed are 26 folded bluelines of the Final Plat revised per your comments dated
12/10/01. We offer the following explanations or clarifications to the comments:
1.
. 2.
3.
4.
5.
The surveyor has signed and sealed the plat as requested.
We have corrected the Line Table to correspond to the perimeter boundary
line calls.
Curve C-2 is correct. A detail has been added for clarification.
The easements and notes have been modified as requested.
The easements on the adjacent lot have been shown as requested, however
the volume and pages are blank. This is as shown on the recorded plat.
Weare researching to find the recording information.
6. We have added a note to the plat indicating that cross-access will be
provided between lots 1-5 in accordance with a Reciprocal Easement
Agreement to be recorded upon closing.
7. We acknowledge that the driveway spacing does not specifically meet the
ordinance requirements. As noted, the traffic study does support the
request and the City's consultant concurs with the traffic impact analysis.
We are constructing the same number of driveways as permitted under the
spacing requirements however, at locations which work with the required
site layout.
.
6750 Hillcrest Plaza Drive, Suite 100
Dallas, Texas 75230
(972) 490-7090
Fax (972) 490-7099
.
.
.
Mr. Dave Green
December 11, 2001
Page -2-
We are also enclosing 26 concept plans as requested.
Michael D. Clark, P,E.
Vice President
MDC:kcb
cc: Mark Davis, Weber
Terrance Young
25934
.
.
.
~=~
œvùŒ 0
Kimley-Horn
and Associates, Inc.
OCT 2 5 2001
NRH PUblic Works
October 19, 200 I
.
Suite 1100
801 Cherry Street
Fort Worth. Texas
76102-6803
Vïa Mail and Facsimile # (817) 427-6404
Mr. Mike Walker, P.E.
Assistant Director of Public Works
City of North Richland Hills
530 I N.E. Loop 820
North Richland Hills, Texas 76180
Re: North Richland Hills - Super Target (Davis Blvd. at Precinct Line Rd.)
Traffic Impact Analysis Review
KHANo.061092000
Dear Mr. Walker:
Per your request, we have reviewed the traffic impact analysis (TIA) prepared
for the proposed Super Target development located on the southeast corner of
the intersection of Davis Boulevard and Precinct Line Road. Based on our
review, we offer the following comments:
I) The traffic impact analysis document should be signed and sealed in
accordance with the Texas Engineering Practice Act.
2) The daily trip generation rate or equation used for the Super Target site was
checked and is incorrect. The reported rate was 59.492(X). The correct rate
is 46.96(X) and the correct equation is 59.492(X) -1930.27. The remaining
trip generation rates and equations were also checked and are correct.
3) The calculated number of trips generated by the site during the AM and PM
peaks is correct. The trip reduction made to account for pass-by trips is
incorrect. By definition, reductions for pass-by trips should be taken from
the existing or projected background traffic "passing by" the site (i.e., non-
site through traffic), not the left- and right-turns to and from the site. The
site and total traffic volumes should be revised to accurately reflect the
impact of pass-by trips. The capacity analyses should also be adjusted to
reflect the adjusted total traffic volumes.
4) The directions of approach for traffic entering and exiting the site appear
reasonable based on the area's existing traffic patterns and the proposed site
access.
.
TEL 817 335 6511
MET 817 654 4266
FAX 817 335 5070
.
.
.
~=~
Kimley·Horn
and Associates, Inc.
Mr. Mike Walker. P.E.. October 19. 2001. Page 2
5) The intersection capacity analyses should be completed assuming N. Tarrant
Parkway is constructed to its ultimate cross-section (6-lane divided). The
widening of N. Tarrant Parkway should be completed before the opening
days of this development.
6) The intersection capacity analyses were also completed assuming that a
southbound dual left-turn will be installed at the intersection of Davis
Boulevard and Precinct Line Road. This improvement was a
recommendation of the previous Wal-Mart traffic impact analysis prepared
by Sverdrup, Inc. Based on our discussions with the TxDOT Fort Worth
District Traffic Engineering section, the State has no immediate plans to
widen the intersection to provide dual left-turn lanes.
7) The study recommends that a traffic signal be installed at the intersection of
Davis Boulevard and the main entrance to Super Target. A warrant study
was not submitted as part of the TlA. The projected volumes generated by
the site will (at a minimum) meet the peak hour warrant. This intersection is
also located approximately 1,000 feet south of the existing signal at Precinct
Line Road and approximately 1,400 feet of the signal at N. Tarrant Parkway.
Because of the high traffic volumes along Davis Boulevard and the close
spacing between signals, it is important that these intersections be properly
coordinated to maintain acceptable level of service along Davis Boulevard.
Before a signal can be installed, a warrant study must be completed and
submitted to the Texas Department of Transportation (TxDOT) Fort Worth
District Traffic Engineering section for approval.
8) The study recommends that Davis Boulevard and Precinct Line Road be
restriped to 6-lanes with a center left-turn lane. With the additional site
traffic generated by the Wal-Mart and Super Target developments, these
roadways will soon meet or exceed their functional capacities. As these sites
develop, the City and/or TxDOT should continue to monitor the traffic
volumes along Davis and Precinct Line and the need to restripe these
roadways should be considered. Design treatments such as deceleration
lanes. traffic signal poles, and intersection striping should be located to
accommodate the future restriping of both Davis and Precinct Line.
9) The percent roadway capacities provided in the last paragraph on page 20
should be corrected as follows: 1.27% should be 127%; 1.44% should be
144%; and 1.05% should be 105%.
10) The number and location of driveways planned for the site is reasonable
based on the size and location of the site. Deceleration lanes should be
provided at the full service driveways along Davis Boulevard and Precinct
Line Road. The southernmost driveway along Davis Boulevard and the
.
.
.
~-n
~---
Kimley-Horn
and Associates, Inc.
Mr. Mike Walker. P.E.. October 19.2001. Page 3
northernmost driveway along Precinct Line Road should be limited to right-
in/right-out operations only.
We appreciate the opportunity to be of service to the City of North Richland
Hills. Should you have any questions or comments, please do not hesitate to call
me at (817) 335-6511.
Sincerely,
KIM:LEY-HORN AND ASSOCIATES, INe.
CBS
Cc: Mike Curtis, P.E., City of North Richland Hills
P:I06I09~.!)()2\Developmen' ReV1ewlSupcnarget TIAISupcnarget Revlew.Joc
.
.
.
NRH
(' IT'!
C;F \«JRTHRfCHL-\l\iO HIllS
December 6,2001
Texas Department of Transportation
P.O. Box 6868
Fort Worth, Texas 76115
Attention:
Wallace Ewell, P.E., Director of Transportation Operations
RE: TRAFFIC SIGNAL REQUEST
Dear Mr. Ewell:
The City of North Richland Hills is requesting a traffic signal be allowed to be installed
along Davis Boulevard at the main driveway to a future Super Target. The future Super
Target site is located south of the Precinct Line Road (FM 3029) / Davis Boulevard (FM
1938) intersection.
The traffic impact study submitted to the City for review indicates that the traffic volumes
generated by the site will meet the peak hour warrant. This intersection (main drive and
Davis Boulevard) is located approximately 1000 feet south of the existing signal at
Precinct Line Road and approximately 1400 feet north of the signal at North Tarrant
Parkway. The City will coordinate with the developer to ensure these intersections are
properly coordinated to maintain acceptable levels of service along Davis Boulevard.
The City has full maintenance responsibilities for all TxDOT traffic signals located along
Davis Boulevard and Precinct Line Road. We also understand that it will include the
traffic signal being requested (and any future signals).
Enclosed is a copy of the intersection analysis indicating the benefit of the new traffic
signal. If you have any questions or need additional information, I may be reached at
(817) 427-6400.
Respectfully,
ç
lU -lg 'l'~'
Mike ~urtis, .E.
Public Works Director
RMC/smmJpwl200 1-314
cc:
Steve Norwood, Assistant City Manager
John Pitstick, Director of Development
Mike Clark, Winkelmann & Associates,
5750 Hillcrest Plaza Drive, Suite 100, Dallas, Texas 75230
P BCH ;.~2()¡~:~:~~ .. \ll~:~:i', :::- :"Icu':-: -rl ..:--=-,._~:: .. 76:32-nt~CI~"
7](:1 \Jo,~:heûsr L~>::; ,~2(: .. ~·~-.l2'7-,)J.()(~) .. =_~;( d'ì-..l27-n..:.:C:-
LE:F1WICH & ASSOCIATE:S
TRANSPORTATION PLANNINQ CONSULTANTS
909 SHILOH DRIVe. D€SOTO. TE:XAS 75 5-5283
972 2300865 FX 972 230-6 8
3
. October 24, 200 I
Mr. Mike Clark
Winkelmann & Associates
5750 Hillcrest Plaza Dr., Suite 100
Dallas, Texas 75230
.
8.
9.
10.
Reference: Response to TIA Comments on Super Target - North Richland Hills
Dear Mike:
I have reviewed the consultants' comments on the North Richland Hills Traffic Impact Analysis for the proposed Super
Target retail site. Comments in which I could provide corrections or revisions have been completed and are attached.
My responds to all comments are as follows:
1.
2.
The signed and sealed copy has been forwarded to the City of Richland Hills, Planning Dept.
I have changed the daily rate for the Super Target site to reflect the correct fonnula. The daily volume changed
from 10,352 to 8,421 vehicles. This change does not affect the peak hour assignments in the study.
The procedure for pass-by trips was taken from the approved Wal-Mart study. In my discussion with Mr. Mike
Walker, our analysis was to be added to the approved Wal-Mart study. This would allow the city to determine
the impact of your development when all previously approved sites (Wal-Mart, Tom Thumb, Kroger) are
constructed. I do not disagree with the method Mr. Shamburger has sited in his comments. However, I felt
it was necessary to follow the same procedures the consultant used for the Wal-Mart TIA. This allowed us to
make a reasonable comparison of existing and proposed developments.
Infonnation Only - The Wal-Mart TIA regional distribution was used in this analysis.
The North Tarrant Parkway and Davis Boulevard intersection capacity analysis was based on the final
recommendations in the Wal-Mart TIA study. I have revised this intersection to reflect a six-lane divided cross-
section for North Tarrant Parkway. The peak period level of service for both existing and proposed scenarios
changed from an LOS D to LOS C. See attached HCS/Cinema summary and revised Table 2.
As stated in the previous comment., the geometric assumptions were taken from the Wal-Mart TIA as clirected
by Mr. Walker.
The study analyzed the proposed signalized driveway using the HCS unsignalized analysis. This analysis
showed that without a signal the operation of this intersection would fail to serve left turns into and out of the
site. The Super Target main driveway and Davis was then analyzed using the HCS/Cinema procedure for
signalized intersections. The operation of the intersection moved from failing to LOS A. Our
recommendations were based on these two analysis. I have provided the peak hour signal warrant study as
requested. The study is based on the PM peak period and is attached.
Infonnation Only - the comment reiterates the recommendations of this study.
The percentages shown on page 20 have been corrected. See attached.
Information Only - the comment reiterates the proposed driveway configurations.
3.
4.
5.
6.
7.
If you have any questions or comments please call me at 972.230.0865. I will be happy to assist you.
.
--"'~~~~.:-.---
110) " L.e I:. '- ! S'· .
J r'1 ì _ ~ _ I i r- ¡ :..'
U Ll L:= \~:. L~~ J~ .~. ,.'= ~
Sincerely,
~~~~
Barbra 1. Leftwich
Leftwich & Associates
OCì ~ 9 2001
po .~, ~
I
¡:'1!h;¡,.. 'Mor!.r:", ~
,.J".~ I'.! n.':>..J
.
Table 1
Trip Generation
North Rlchland Hills Super Target
COMMENT 2
.
Land Use Independent Variable Time Direction ITE Trip Generation Pass-by Non-Pass-by
ITE Table # Density Unit of Day Rate Trips Rate Trips Trips
Entering 0.51 163 163
AM Peak Exiting 0.49 157 157
Free-Standing Total T=1.84X 320 320
Discount Superstore 174.00 1,000 sq. ft. Entering 0.49 326 17.2% 56 270
(Super Target) PM Peak Exiting 0.51 339 58 281
813 Total T=3.82X 665 114 550
Entering 0.5 4,211 4,211
Daily Exiting 0.5 4,211 4,211
T=59.492(X)- I
Total 1930.27 8,421 8,421
Entering 0.48 144 144
I AM Peak Exiting 0.52 156 156
Retail Center Total T=6.41X 299 299
(Anchor/Retail) 46.72 1,000 sq. ft. Entering 0.43 52 52
814 PM Peak Exiting 0.57 69 I i 69
Total T =2.59X 121 i 121
Entering 0.5 950 950
Daily Exiting 0.5 950 950
Total T=40.67X I 1,900 1,900
I Entering 0.52 58 58
High Turnover AM Peak Exiting 0.48 53 53
(Sit-Down) Total T -9.27X ¡ 111 111
Restaurant 12.00 1,000 sq. ft. Entering 0.6 78 44.0% 34 44
(Pads 1 & 3) PM Peak Exiting 0.4 I 52 23 29
832 Total T=10.86X ¡ 130 57 73
I I Entering I 0.5 I 782 782
Daily Exiting 0.5 ! 782 782
! Total T=130.34X i 1,564 I 1,564
Entering ¡ 0.51 i 76 44.0% 34 f 43
AM Peak Exiting 0.49 , 73 I 32 41
Fast Food Restaurant Total i T =49.86X 150 66 84
i
(Pad 2) 3.00 1,000 sq. ft. Entering 0.52 52 44.0% 23 29
834 PM Peak Exiting 0.48 I 48 21 27
Total T=33.48X 100 44 56
Entering I 0.5 744 I i 744
I Daily I Exiting I 0.5 744 I 744
I ,
Total T =496.12X 1 ,488 i I I 1 ,488
. Entering i 441 I KHI 40811
AM Peak i Exiting I I 439 I 407!:
TOTAL TRIPS I Total I 880 : ! 66 _ !j15 J
(Site Generated) : Entering : I 508 147 II 361 II
PM Peak ¡ Exiting I 508 146 II 362!,
r Total I 1,016 282 ¡ 735
I
¡ Entering I 6,687 6,687
I
Daily I Exiting I i 6,687 6,687
, Total ! 13,374 13,374
I I
AM & PM Peak Volumes Used in Assignment are Boxed in Last Column
.
9
.
.
.
COMMENT 5
background volumes and each intersection was analyzed. The background and site
intersection volumes for AM and PM Peak Period turning movements are illustrated in Fiaure
10 and 11.
INTE:RSE:CTION ANALYSIS
The level-of-service (LOS) for each intersection was calculated using the HCM/Cinema
computer program. The analysis followed the criteria sent forth in the previous TIA study. The
intersections were analyzed using the improvements to the intersection as stated in the
approved Wal-Mart TIA. Background traffic volumes were based on the total of base projected
volumes stated in the Wal-Mart study and the previously approved development trips assigned
to the roadway. The analysis provided the benchmark for determining the impact of the Super
Target site. The trips generated by the Target site were then added to the background volumes
and the analysis was run again. Timing and geometries were not altered. The resulting LOS
and delay for each intersection is shown in Table 2 below. The results of the Cinema/HCS
computer runs can be found in the Accendix.
TABLE: 2
SUPE:R TARO€T - LE:VE:L OF SE:RVICE: AND DE:LAY*
Intersection Peak ExlProp ¡:R" WR" UC" ~R" overaJr
Davis & Precinct Line AM Existina na 0/41.0 0/52.0 C/24.8 0/38.5
SB Dual Left AM Proposed na E/58.4 E/64.3 C/34.8 0/50.4
PM Existina na C/21.1 C/34.5 8/18.5 C/23.2
PM Proposed na C/24.2 0/37.7 8/19.8 C/25.3
Davis & N Tarrant Pkwv AM Existina C/24.8 C/27.9 0/39.9 C/34.3 C/32.8
EB & WB L T & RT AM Proposed C/25.9 C/28.9 0/42.4 C/34.4 C/34.0
PM Existing C/26.7 C/23,O C/34.8 0/45.7 C/34.2
PM Proposed C/26.3 C/21.6 C/34.0 0/46.4 CI34.2
Precinct Line & N Tarrant AM Existina C/33.5 0/35.5 C/21.1 0/40.9 CI32.1
EB Left and RT AM Proposed C/33.5 0/37.3 C/20.9 0/46.8 C/34.3
PM Existing C/21.6 0/46.8 C/31.3 0/46.8 0/38.6
PM Proposed C/21.6 0/49.6 C/30.4 E/55.4 0/41.4
Davis Blvd & S Target Dr Left· P* Left· E
AM Existing NA
Unsíonalized . Davis 5·lU Rioht . 8
. Left . F
PM Existing NA Riaht . A Left - C
Davis Blvd & S Taraet Dr AM Existing NA 8/18.2 AJ7.8 Al8.2 Al8.9
Davis 5-lU w 55 see cvde sianal AM Proposed NA 8/18.2 Al6.2 Al6.9 AI7.6
PM Existina NA 8/18.2 Al6.4 Al6.S AI7.9
PM Proposed NA R/1 R , A/~~ A/6.1 An .~
*
LOS/Seconds of Delay per Vehicle
Movement - LOS for Unsiqnalized Intersection
17
I
.
,',,- - ',' "....., - .
HCM SumIltarYl~.~gl!s
I
Davis Blvd. and North Tarrant Pkwy
BLL - NRH Super Target Retail Site
AM Peak - Ex w/NTPkw6LD
Precinct LineIDavis Blvd
10/23/2001
Case: DBNT AMEXR. NT6LD
Lane
App Grp vis
...
EB L er 0.34
...
L ro 0.03
IT 0.13
R 0.05
WB
L ro 0.00
T 0.07
R
.
I
i
IT
IR
0.34
0.00
0.29
0.05
i 0.23
I 0.00
I 0.76
... Critical Lane Group
.
HCl'vf/Cinema v4.12
Leftwich & Associates
LaDe Group
'L- 31
-343
.ç-120
Approach
X
vie
Delay Delay
(secl (secl
veh) LOS veh) LOS
C
j l l' L¡
731
1011158
J L
24.8
0.58#/ 30.7 C'
0.3] 22.4 C
0.11 20.5 C
27.9
"L-
;'~' ;;'~ ~~. ~~~:~~
--------...---.-...
-
/.:::::::::::::: :::::::::::::::::::::
-.----..--.-...--..-----.----....--
-
---------.-----....-.--.-...-.-..-..
-
C ç. ~~~~". 4<-
~~'t:~,.."....~u,
0.34#
I
0.23
0.02 i
27.81 C
28.0 C
,
25.8/ C
-
-------.-----........................-......-....
.ç-
-
...--..--.---..........-...-..----.........
-
-------.......--....-..-------...--..-----
...---......-------..--....--...................
..
39.9 D I.., i r ~
I I I
- I I
0.50# 33.0 C -. 1 r
0.89 I 40.5 I D d 921t~8
0.00 0.0 A
_.'i1 ~
34.3 C 1 '2 T ..iIL 4
0.69# I I I -
''', '" f ..._-.
, ,
I llr .../ ,,' 11 5 .
0.59 I 29.1 I 5 4 1 29 4 4 1 32
5 /"~
0.00 I 0.0 .
I
- r- 11
--¡,
32.8, C 5 4 11 4 4
# Left Movement Total
. ~..-
.
4 1
Page 1
HCM.$uIDJnaryiJ!~$!iíIJ~
.
I
Davis Blvd. and North Tarrant Pkwy
BLL - NRH Super Target Retail Site
AM Peak - Pr w/NTPkw6LD
Precinct Linc/Davis Blvd
10/23/2001
Case: DBNTAl\.1PR NT6LD
Lane Group ApprollCh
Delay Delay
X ( seel (seel
vIe veh) LOS veh) LOS
25.9 C
Lane
App Grp , vIs
EB
*
Lpro
T 0.13
R 0.05
0.65 #
0.31
.
I
I
I
I
I 0.69# I
0,24 I 0.62 !
0.02 I
I 0.04
Int. 0.78 I 0.81
!
* Critical Lane Group
.
HClvVCinema v4.12
Leftwich & Associates
33.5 C
22.4 C
20.5 C
27.9 I C
27.8 C
28.0 C
25.81 c
42.4 D
34.3 C
43.1 D
0.0 I A
764
1341158
j L
.~....... - -.. -.... - -. - . - - - - _. _0.. _. __
....---.--..----......----...----...
~~..._...=_.
.---------.-..--..----..-.....--....
-------------.-------.-...-------...
~.~~ ::.,_~:~~~~._h_n~_.
352 --.J'
654 -
119 .
¡J L
-
-
-
'L- 31
-348
.-120
"t.-
-
-
,--
.
-------...----...--...---------.-...
-------------.--------..---.-...--..
/1 ! Î Î r
i 1 4 r
, 92 1218
1121
--..J-
61.3 ¡ E
29.7 C
21.5 I C
34.4 C 1 2 ,",1,·,
lir '" i ,.,
5 4 1 29 :1: 4
5 6
34.0 C
# Left Movement Total
-.J
-
--,
.
5
414
¡-
4
4
~
--...
----0
.
4 1 32
4 1
Page 1
.1
. .,' --.' ".: ;' " .....'....'.,... -,..-"", ".., ,
- .- .-.: '~., -, "'-, ~.: '-~' ::- . - -.
HCM Summary.Re~iiJts
,
Davis Blvd. and North Tarrant Pkwy
BLL - NRH Super Target Retail Site
PM Peak - Ex w NTPkw 6LD
/Davis Blvd
09/27/2001
Case: DBNTPl\iŒX NT6LD
I Lane
Grp vis
App
EB L er 0.07
'"
Lpro 0.09
T 0.07
0.02
0.00
0.14
0.13
R 0.04
'"
NB ! Lper 0.35
.1 I*L ro 0.05
IT 0.22
R 0.00
1 SB I Lper I 0.22
I I Lpro I 0.00
I IT I 0.33
I I
I
Lane Group Approach
Delay Delay
X (see! (see!
vlc veh) LOS veh) LOS
26.7 C
0.58#
0.23
0.06
OAO#
0.36
0.12
1065
278176
j L
24.1 C
28.3 C
26.8 C
..... - -.... ~ -.... - -. ~ -.... -....-.......... - -............
. ~. - - -.... -..... -.... - - 4 _ _ _ _ _.. _.... _ _ 4 _ _._
23.0 C
14.6 B
I
25.7 C
27.31 C
....--........--......-......-....-..-
. - - - -"" - -.. ~.... -....... .......... --...... -...........
¡ ~.:..f'\.::,:~~-----------~_.
203 --.:
359 -
109 -.
34.8
c
0.72# 57.9
0.62 30.3
0.00 0.01
I
,
33.21
46.9
23.1
34.2/
* Critical Lane Group
.
HCM'Cinema v4. 12
Leftwich & Associates
E
C
A
'L- 90
-676
.-221
u~_........~:~··~~ ". :::~i
j I i I : L'
+:, I
-
....-.--..--.--...-...-...-...-......-
-
.-...--..----..---.------------.---.
-
--.J'
.-
-
-
... - -............ - -. - - ~ ~ -.. -. ~.... -. - -...
-
--....-....-..--..--...-.........--.
45.7 D ¡ 1 /2 L 13
I I
.... ". I --1
C I I r-
'-. r I I .
D 38 4 1 4 4 11 9 4 0 0
5
C .---- L-
-
---¡ .
C 33 4 11
# Left Movement Total
Page 1
.1
.' - .. - " " ," .... " - ." - ......,_......"..... ,',.. .:'
..--' -" " . ',.,' .'" .,',' ," ,.' .'....
HCM..Summary·:le~!ì~ts
I
Davis Blvd. and Nonh Tarrant Pkwy
BLL - NRH Super Target Retail Site
PM Peak - Target wlNTPkw 6LD)
Precinct LineIDavis Blvd
10/23/200 I
Case: DBNTPlYfPR NT6LD
Laue Group Approach
Delay Delay 1146
Lane X (see! (see! 359176
App Grp vis v/c veh) LOS veh) LOS
* j L 'L- 90
EB L er 0.14 26.3 C j :1 l L! -676
I Lpro O.II 0.71 # 25.8 C .-221
'L-
T 0.07 0.21 26.8 C --
C I . huu. U ·u. Uh. ...u.... ....u..
R 0.02 0.06 25.4 -
. .. -... a -. . _ _.. _ _ _ _. _. ~ _ _... _ _.. a_..
--
0.00 , 21.6 I C ""'-"Y~_" ---1'
~~~-, ;r..".'"t:-,.... .-
I ......_,~.r_~. ·..."",""1'1-:_.__......___.....
I 0.38# 13.5 I B -
. . -. ... - -.. - -. - -.. ~. - -.. -.. - - -. -.... .-....--.-.------.--.--......--..---
-
0.34 24.2 C ------.-----.-----------....----.... ----...---...----.----...-.-------..
-
O. I I 25.8 C --,
.
1 :t r r
34.0 C I
I 1 r
. 0.72# 57.9 E .
, 155/105
0.66 29.8 C I I
~.,
:;g' 786
0.00 0.0, A I ~:~~:~,~
.,. ~;~
I I ;-~
46.4 , 1 j" 12 L '3 /4
I I f· I I --1'
0.00 0.33# D --
35.9, )r l I r- r-
T 0.36 0.96 49.01 D ¡ 38 4 1 4 4 1 9 4 1 6 0 0
I
5
R 0.07 0.17 23.3 C . L-
. ~. ~.
-
34.2/ --¡
Int. 0.70 0.71 C 33 4 1
* Critical Lane Group # Left Movement Total
.
HCNf/Cil1ema v4.12
Leftwich & Associates
Page 1
.
.
.
COMMENT 7
Page 4C-IO
December 2000
Standard:
met:
A. The pedestrian volume crossing the major street at an intersection or midblock location during
an average day is 100 or more for each of any 4 hours or 190 or more during any 1 hour; and
B. There are fewer than 60 gaps-per hour in the traffic stream of adequate length to allow
pedestrians to cross during the same period when the pedestrian volume criterion is satisfied.
Where there is a divided street having a median of sufficient width for pedestrians to wait, the
requirement applies separately to each direction of vehicular traffic.
The Pedestrian Volume signal warrant shall not be applied at locations where the distance to the
nearest traffic control signal along the major street is less than 90 m (300 ft), unless the proposed,
traffic control signal will not restrict the progressive movement of traffic.
If a traffic control signal is justified by both this signal warrant and a traffic engineering study, the
traffic control signal shall be equipped with pedestrian signal heads conforming to requirements set
forth in Chapter 4E.
Guidance:
If a traffic control signal is justified by both this signal warrant and a traffic engineering study:
A. If installed within a signal system, the traffic control signal should be coordinated.
B. At an intersection, the traffic control signal should be traffic-actuated and should include pedestrian
detectors. As a minimum., it should have semiactuated operation, but full-actuated operation with detectors on
all approaches might also be appropriate.
C. At nonintersection crossings, the traffic control signal should be pedestrian actuated, parking and other
sight obstructions should be prohibited for at least 30 m (100 ft) in advance of and at least 6.1 m (20 it)
beyond the crosswalk. and the installation should include suitable standard signs and pavement markings.
Sect 4C.05
COMMENT 7
December 2000
MUTCD 2000
Page 4C-9
Rgul'8 4C-3. WBl'I'Bnt 3, Peak Hour
800
J:
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k 224 vph
- - "'*
"150
"100
PM Peak
500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800 - - - -» 2.631vph
MAJOR STREET-TOTAL OF 80TH APPROACHES-
VEHICLES PER HOUR (VPH)
"Note: 150 vph applies as the lower threshold volume for a minor~treet
approach with two or more !anes and 100 vpt! applies as the lower
threshold volume for a minor-street approach with one lane.
Figure 4C-4. Warrant 3, Peak Hour (70% Factor)
(COMMUNITY LESS THAN 10,000 POPULATION OR ABOVE 70 lanlh (40 mph) ON MAJOR STREET)
~
>
:i:. 4QO
tu~
w~ 300
!=a..
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OW 200
~~
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C!'
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2 OR MORE lANES & 2 OR MORE LANES
I I I I
2 OR MORE lANES & 1 LANE
PM Peak 224 vph
-----
-»
"100
"75
PM Peak
300 400 500 600 700 800 900 1000 1100 1200 1300 ----~) 2.631vph
MAJOR STREET-TOTAL OF BOTH APPROACHES-
VEHICLES PER HOUR (VPH)
"Note: 100 vph applies as the lOwer threshold volume for a minor-street
approach with two or more lanes and 75 vph applies as the lower
threshold volume for a minor-street approach with one Jane,
Sc<:t. 4C.OS
Leftwich & Associates
I
319(33)
654(0)
119(0)
~~
'-.: '"
" ~:;:-,
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'lÎ$
Davis- Major
Total of Both
Approaches
2,442 vph
SHADY GROVE
~
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/ ~'?I (e7)
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Super TARGET
Retail Center
224
........h............
.................................
................
Existing
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-t::'N
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l()""0)
.............................. .....h...........................
~31 (0)
~ 348 (0)
¡r- 120 (0)
Jll
NORTH TARRANT PARKWAY
!Ií'
&~
c9' .::! <5"
~ \;:
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1 (0) ---A
407 (0) --I>
450 10' ---.-
, .I
COMMENT 7
Â
NORTH
lIlTS
MURPHY
w
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+ 69(0)
¡r-- 59 (0)
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Peak Hour (AM)
Signal Warrant 3
BACKGROUND + (SITE)
eftwich & Associates
203(79)
359(0)
109(0)
~~
~ ''!:
!\'b '"
.f í~#
Davis - Major
Total of Both
Approaches
2,631 vph
SHADY GROVE
"'--90 (0)
~ 676(0)
.--- 221(0)
It .
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224
.............................
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.................................. .............. ..,.. .-........ .....
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',vAL-MART
NORTH TARRANT PARKWAY
jll
3(0) ~
75 (0) --f>
304 (0) ~
COMMENT 7
Â.
NORTH
NTS
MURPHY
UJ
Z
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~31(12)
~ 382 (0)
;.--- 79 (0)
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Peak Hour (PM)
Signal Warrant 3
BACKGROUND + (SITE)
eftwich & Associates
.
.
.
COMMENT 9
The results of the analyses presented in this study show Davis Boulevard and Precinct Line Road
intersection will operate at a LOS D during the AM peak period with and without the site. During the
PM period the intersection operates at a LOS C with and without site traffic. The Wal-Mart TIA
improvements were assumed for both existing and proposed analysis. The improvements are listed
under the intersection name. Details of the improvements can be found in the HCS/Cinema reports
in the Appendix.
The intersection of Davis and North Tarrant Parkway intersection operates with a LOS D during both
the AM and PM peak periods. The addition of Super Target trips does not adversely affect the
operation of this intersection.
The intersection of Precinct Line and North Tarrant Parkway operates at a LOS C during the AM peak
period and moves to a LOS D during the PM peak. The addition of site traffic does not impact the
level-of-service during either peak period. Delay is slightly increased with the additional trips
generated by the site. The increase in delay is not considered critical.
The proposed Super Target signalized driveway onto Davis Boulevard was also analyzed using the
HCS unsignalized module and the HCS/Cinema program for signalization. During both peak periods
the outbound left turns from the site to southbound Davis failed to serve 92% of the left-turn demand.
Ot the 163 vehicles turning left approximately 157 vehicles could not be served.
The Super Target main driveway onto Davis was then analyzed as a signalized intersection. The
HCS/Cinema Netsim analysis was utilized to determine the impact the proposed signal would have on
the Davis Boulevard through movements. The Netsim analysis estimates the "spill backn ot turn lanes.
A "spill backn occurs when too many vehicles stack up in a turn lane and begin to spill over into the
adjacent lane. When this occurs the blocked lane is obstructed and its capacity is reduced. This
affects the overall level-of-serve of the intersection. The analysis showed that during both peak
periods the a "spill back" did not occur. The through movements queued a maximum ot 8 vehicles in
any through lane. The operation ot the signalized intersection was at a LOS A during both peak
periods. A signal installed at this location does not have an adverse impact on the operation ot Davis
Boulevard. A signal installed at this driveway will provide the safe movement of traffic existing and
entering the Super Target site as well as a natural platooning ot vehicles within the corridor.
OP€RATION OF ROADWAY S€GM€NTS
Davis Boulevard and Precinct Line Road have an existing cross-section of seven-lane undivided
roadways. Currently these FM roads operate as five-lanes undivided. The Texas Department of
Transportation, which has jurisdiction over these FM roadways, have striped the outside lanes for use
as shoulders. The LOS C capacity of a five-lane undivided road is 23,200 vehicles per day(vpd).
Current daìly volume on Davis Boulevard is estimated to be 15,750 vehicles. On Precinct Line Road,
the existing traffic volume is approximately 8,800 vpd. Without adding the Wal-Mart/Tom
Thumb/Albertson generated traffic, current traffic uses 68% of Davis Boulevard's five-lane capacity and
38% ot the capacity on Precinct Line Road.
When the retail developments, approved in May of this year, are added to the five-lane roadways,
Davis Boulevard exceeds its LOS C capacity by 127%. Precinct Line Road estimated daily trips is 89%
of its capacity. Adding the daily trips generated by Super Target takes the level-ot-service on Davis
to 144% for Davis and 105% for Precinct Line.
20
.".
CITY OF
NORTH RICHLAND HILLS
Department: Planning & Inspections Department
Council Meeting Date: 12/17/01
Subject: Consider Adoption of 2000 International Residential Code Agenda Number: GN 2001-118
Ordinance #2590
CASE SUMMARY:
At present NRH is under the 1991 Uniform Building, Plumbing, Mechanical Codes and the
1996 National Electrical Code. The surrounding areas are currently moving to the 2000
International Codes and the 1999 National Electrical Code. In July 2001 Council approved
a Technical Code Review Committee consisting of 7 members to review these new
building codes as appropriate to the City of NRH.
During the State legislative sessions, the mandatory adoption for the 2000 International
Residential Code and the 2000 International Energy Conservation Code became law on
September 1, 2001. The State provided for a mandatory adoption date of January 1, 2002
for the International Residential Code and September 1, 2002 for the International Energy
Code.
Due to the enormity of these code changes and the education for staff as well as for the
construction industry, staff proposes to implement these code adoptions in phases. In
March 2002, staff plans to bring forward for adoption the 2000 International Plumbing,
Mechanical Codes. In June 2002, staff plans to bring forward the 2000 International
Building, Fire, Energy Codes and 2001 International Energy Supplement
2000 International Residential Code
This is a new code that applies to only One and Two Family Dwelling Units. The purpose
behind this code is that it consolidates all building trades for residential construction into
one book instead of five. The State has allowed that the electrical provisions in this book
may be removed and adhere to the latest adopted electrical code.
Most of the requirements in this code are being practiced today, however it does provide
for engineering of foundations under special conditions and an energy provision. The
energy provision regulates the amount of insulation required in attics, walls, between and
under floor spaces. This provision also impacts windows, doors, HV AC efficiency ratings.
Residential plans when submitted will be required to provide energy calculations.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other - ~
~0i2~
Account Number
Sufficient Funds AvaIlable
Finance Director
Department Head Signature
/é?cÇ~
City Manager Signature
GN 2001-
Page 1 of2
..
. ~
CITY OF
NORTH RICHLAND HILLS
There is also a provision to prohibit un-vented gas heaters with an exception to heaters
equipped with an oxygen-depletion-sensitive-safety-shutoff-system. What this means to
older existing homes with the old fashioned stove heater is that when a building permit is
taken out for a renovation project, that type heating unit may not be allowed to be used as
the sole heat source or to be re-installed.
The Technical Code Review Committee approved the recommended North Texas Council
Of Government amendments to the International Residential Code. For the most part the
amendments are used to clarify a code requirement for use in this geographic area.
Recommendation:
The Technical Code Review Committee has met over the past several months and the
Committee has made a final recommendation at the November 15, 2001. The Committee
voted 4-0 to recommend adoption of the 2000 International Residential Code Ordinance
#2590.
CITY COUNCIL ACTION ITEM
Page 2 of 2
.
TECHNICAL CODE REVIEW COMMITTEE
MEMBER LIST
Mark Alexander 817 -788-9533
K. B. ALEXANDER & CO. 817-788-8705 Fax
4709 Old Denton Road
Fort Worth, TX 76117
Mark@kbalexander.com
Mralex11 @aol.com
Joe Crane 817 -416-2062
JOE CRANE ELECTRIC, INC. 817 -416-9065 Fax
8908 Thornmeadow Court
North Rjchland Hills, TX 76180
Jim Lackey 972-880-9877
7725 Chasewood Drjve
North Rjchland Hjlls, TX 76180
Jlackey@ci.irvinQ.tx.us
. Bjll Manning 817 -877 -5571
7308 Tipperary Court
North Richland Hills, TX 76180
Wmanninq@multatech.com
Lynn Motheral 817 -589-8599
STONEGATE CONSTRUCTION
2223 Handley-Edervjlle Road
Fort Worth, TX 76118
Stoneqat@flash.net
Gary Rademacher 817-281-0720
SHW ARCHITECTS
9001 Ajrport Freeway, Suite 570
North Rjchland Hjlls, TX 76180
Glrademacher@shwQrou P. com
Lloyd Robjnson 817 -980-2905
6748 Vjctoria Avenue
. North Richland Hills, TX 76180
.
.
.
N@RTH
RICHLAND
HILLS
January 1, 2002
March, 2002
June, 2002
Agenda
Technical Code Review Board
City of North Richland Hills, Texas
Thursday, November 15,2001
6:30 p.m.
Finance Conference Room
7301 NE Loop 820
Code Adoption Agenda
2000 International Residential Code
2002 NRH Supplemental Development Code
1999 National Electrical Code
2002 Fee Schedule
2000 International Plumbing Code
2000 International Mechanical Code
2000 International Building Code
2000 International Energy Conservation Code
2001 International Energy Supplement
2000 International Fire Code
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MINUTES OF THE REGULAR MEETING OF THE
TECHNICAL CODE REVIEW BOARD OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
NOVEMBER 15, 2001
1.
CALL TO ORDER
The meeting was called to order at 6:30 p.m.
2.
ROLL CALL
PRESENT Chairman
Mark Alexander
Joe Crane
Lloyd Robinson
Lynn Motheral
ABSENT
Gary Rademacher
Bill Manning
Jim Lackey
CITY STAFF
Director of Development
Acting Building Official
Recording Secretary
John Pitstick
Penny Peterson
Micah Johnson
DISCUSSION OF THE ADOPTION OF THE 2000 INTERNATIONAL RESIDENTIAL
CODE, THE 1999 NATIONAL ELECTRICAL CODE, THE 2002 FEE SCHEDULE, 2002
NRH SUPPLEMENTAL DEVELOPMENT CODE TO THE ADOPTED BUILDING
CODES.
The City of North Richland Hills, working in the direction of change has been reviewing
changes to be made to City Ordinances concerning the International Residential Code,
the National Electrical Code and the present Fee Schedule. Over that past several
months, a committee has been formed of contractors in the city to come together and
decide what would be the best steps for the city to move forward with the future.
The last meeting on November 8, 2001, ended with talks of the plumbing code. Mr.
Lloyd Robinson, Robinson Plumbing, was not present at that meeting in order to share
his expertise on the subject. Tonight's meeting continued with that discussion of the
recommended COG amendments to the International Residential Code regarding
plumbing.
Page 111/15/01
Technical Review Committee
.
.
.
Some of the areas where plumbing were a concern was sections G2411.5 regarding
CSST being tagged and G2443.2 regarding un-vented space heaters and the required
sensors. Mr. Robinson brought up Section P2803.6.1 which covers requirements for
discharge, suggesting that the ordinance be changed to reflect only copper tubing being
allowed with a minimum grade of M on all hot water heater discharge valves.
After the discussion of the plumbing recommendations, talks turned to the Fee
Schedule. Before the meeting Mark Alexander met with Mr. John Pitstick, Director of
Development to discuss what would be acceptable in regards to the increase of the fee
schedule. Mr. Alexander took a few minutes at the beginning of discussion to enlighten
the committee that the City would like to see an increase of at least 3% across the
board. Mr. Pitstick shared with the entire committee a study that was done on different
properties in the City of North Richland Hills and the comparison with several of the
surrounding City's. The City of North Richland Hills is behind when it comes to pricing
increase and would like direction from the committee in moving forward with a
recommendation of an increase and what the committee feels is acceptable.
Among the concerns of this discussion is how far the cap should be carried and how
this decision would effect the City of North Richland Hills in the future. Mr. Lynn
Motheral objected to an increase based only on that the City is behind other city fees.
He requested justification. Penny Peterson explained that the City would be moving
toward more service oriented projects such as a Housing code for Apartments,
Homeowner clean up, redevelopment of the lost areas of the City. These types of
projects usually do not produce income to the City and the increase would help the City
to fund these types of projects. Mr. Lynn Motheral feels a minimum of 3% with a
maximum of a 5% increase cap would be sufficient to cover all areas of the economic
growth and re-growth of the city. The other committee members agreed.
The remainder of the meeting covered the electrical code and any amendments to the
ordinance that would be needed before the recommendation would be presented to the
City Council. It was recommended by Mr. Joe Crane, Crane Electric, that Section
210.12 of the Electrical Code regarding Arc Fault Circuits Interrupters Protectors be
tabled at this time and forwarded for discussion upon the next review of the Electrical
Code. Mr. Crane also recommended that the ordinance be changed to only allow
copper conductors. Another recommendation made by Mr. Crane was the deletion of
Section 250-104 (B), which covers metal gas pipe bonding.
Upon completion of the discussion, Mr, Alexander asked that a vote be taken for
adoption of the recommended code changes with noted and COG amendments for the
2000 International Residential Code, the 1999 National Electrical Code, a minimum 3%,
maximum 5% yearly cap on the Fee Schedule, the Supplemental Ordinance to the
Building Codes. The voted carried unanimously (4-0).
The meeting ended with discussion of the recommendation from the Technical Code
Review Committee being taken forward to the City Council of North Richland Hills on
December 10, 2001.
Page 2 11/15/01
Technical Review Committee
.
.
.
ADJOURNMENT
The meeting was adjourned at 8:30 p.m.
Chairman
--
Page 311/15/01
Technical Review Committee
\I
.
·
ORDINANCE NO. 2590
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
ADOPTING THE 2000 EDITION OF THE INTERNATIONAL RESIDENTIAL
CODE, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT,
ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION,
OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF
ONE- AND TWO-FAMILY DWELLINGS AND TOWNHOUSES IN THE CITY OF
NORTH RICHLAND HILLS; PROVIDING FOR THE ISSUANCE OF PERMITS
AND COLLECTION OF FEES THEREFOR; PROVIDING FOR PENALlTIES
FOR THE VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
$200.00 FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
SECTION 1. That the 2000 International Residential Code, a copy of which is
on file in the office of the City Secretary, be, and is hereby adopted as the
residential building code of the city, which governs the construction of One- and
Two-Family Dwelling Units in the City of North Richland Hills, Texas.
· SECTION 2. The following sections of 2000 International Residential
Code, are amended and adopted to read as follows:
**Section R102.4; change to read as follows:
R102.4 Referenced codes and standards. The codes, when specifically
adopted, and standards referenced in this code shall be considered part of the
requirements of this code to the prescribed extent of each such reference.
Whenever amendments have been adopted to the referenced codes and
standards. each reference to said code and standard shall be considered to
reference the amendments as well. Any reference made to NFPA 70 or the
ICC Electrical Code shall mean the Electrical Code as adopted. Where
differences occur between provisions of this code and referenced codes and
standards, the provisions of this code shall apply.
**Section R105.2, item #1; change as follows:
1. One-story detached accessory structures, provided the floor area does not
exceed 120 square feet (18.58 11.15 m2).
·
**Section R109.1.3; change to read as follows:
R1 09.1.3 Floodplain inspections. For construction permitted in areas prone to
flooding as established by Table R301.2 (1), upon. . .. construction, the building
official may require submission. . . {remainder of section unchanged}.
Ordinance No. 2590
Page 1 of 14
.
**Section R110 (R110.1 through R110.4); delete.
**Section R112.2.2; delete.
**Section R202; change definition of "Townhouse" to read as follows:
TOWNHOUSE. A single-family dwelling unit constructed in a group of attached
units separated by property lines in which each unit extends from foundation
to roof and with open space on at least two sides,
**Table R301.2(1); fill in as follows:
Wind
Roof Snow e
Load Speed (mph)
5 LB/ft2 90 (3-sec-gust)/75 fastest mile
Seismic
Design
f,g
Category
A
.
Subiect To damage from
a Frost line c d Winter design Flood
Weathering b Termite Decay f h
Depth Temp Hazard
moderate 6" Very Slight to 22° F Local
heavy Moderate Code
**Section R303.3, exception; change to read as follows:
Exception: The glazed areas shall not be required where artificial light and a
mechanical ventilation system, complyinq with one of the followinq, are provided.
1. The minimum ventilation rates shall be 50 cfm (23.6 Us) for intermittent
ventilation or 20 cfm (9.4 LIs) for continuous ventilation. Ventilation air from the
space shall be exhausted directly to the outside.
2. Bathrooms that contain only a water closet. lavatorv or combination thereof
may be ventilated with an approved mechanical recirculatinq fan or similar
device desiqned to remove odors from the air.
**Section R303.6; change to read as follows:
R303.6 Required heating. Everv dwelling unit shall be provided with heating
facilities capable of maintaining a minimum room temperature of 680F (20oC) at
a point 3 feet (914 mm) above the floor and 2 feet (610 mm) from exterior walls in
all habitable rooms at the design temperature.
. **Section R314.8; change to read as follows:
Ordinance No. 2590
Page 2 of 14
.
R314.8 Under stair protection. Enclosed accessible space under stairs shall
have walls, under stair surface and any soffits protected on the enclosed side
with 5/8-inch (15,8 mm) fire-rated gypsum board or one-hour fire-resistive
construction.
**Section R321. 1; add a second exception to read as follows:
Exceptions:
.L {existing exception unchanged}
2. Two-family dwellinq units that are also divided by a property line throuQh the
structure shall be separated as required for townhouses.
**Section R322. 1; change to read as follows:
R322.1 Moisture control. In all framed walls, floors and roof/ceilings comprising
elements of the building thermal envelope, a vapor retarder, when installed, shall
be installed in a manner so as to not trap moisture. (delete the exceptions)
**Section R327. 1; change to read as follows:
R327.1 General. All buildings and structures, when permitted to be erected in
areas prone to flooding. . . {bulk of section unchanged} . . . areas (including V-
Zones), shall be constructed and elevated as required by the provisions
contained in this section or by other local provisions as applicable.
.
**Section R703. 7.4. 1; add a second paragraph to read as follows:
For 3% square feet (0.302 m2) of wall area, the followinQ dimensions shall be
adhered to:
1. When ties are placed on studs 16" o.c., they shall be spaced no further apart
than 29" vertically startinq approximately 15" from the foundation.
2. When ties are placed on studs 24" o.c., they shall be spaced no further apart
than 19" vertically startinq approximately 10" from the foundation.
**Section R703.7.4.2; add a second paragraph to read as follows:
When usinq ties that will flex when pushed, spot beddinq of cement mortar shall
be installed on all ties.
**Add Section R902.3 to read as follows:
R902.3 Minimum Roof Class. All roof coverinQs shall be a minimum Class C. All
individual replacement shinqles or shakes shall be a minimum Class C.
Exception: Non-classified roof coverinQs shall be permitted on buildinqs of U
occupancies havinq not more than 120 SQ.ft, of projected roof area. When
exceedinq 120 SQ.ft. of projected roof area. buildinqs of U occupancies may use
non-rated non-combustible coverinQs.
**Section R907. 1; add a sentence to read as follows:
All individual replacement shinqles or shakes shall comply with Section R902.3.
.
Ordinance No. 2590
Page 3 of 14
.
.
.
R1005.2 Exterior air intake. The exterior air intake shall be capable of providing
all combustion air from the exterior of the dwelling or from spaces within the
dwelling ventilated with outside air such as attic spaces. The. . . {remainder of
section unchanged}.
**Section N1101.2; amend as follows:
N1101.2.1 Residential Buildings, Type A-1. Compliance shall be demonstrated
by one of the followinq:
1. Meeting the requirements of this chapter for buildings with a glazing area that
does not exceed 15 percent of the gross area of exterior walls
2, Meetinq the requirements of this chapter for buildinqs with a qlazinq area that
is qreater than 15 percent but not exceedinq 20 percent of the qross area of
exterior walls and air conditioninq equipment rated 12 SEER or hiqher
3. Meetinq the requirements of this chapter for buildinqs with a qlazinq area that
is qreater than 20 percent but not exceedinq 25 percent of the qross area of
exterior walls and air conditioninq equipment rated 14 SEER or hiqher
4. Meetinq the requirements of the International Enerqv Conservation Code for
residential buildinqs, Type A-1.
**Add Section N1101.3.4 to read as follows:
N11 01.3.4 Exterior basement or slab insulation. When susceptibility to termite
damaqe is classified as"verv heavy" accordinq to Table R301.2(1 ), desiqns
employinq basement or slab exterior insulation capable of harborinq termites
shall not be utilized.
**Section N1102. 1 amend as follows:
N1102.1 Thermal performance criteria. The minimum required insulation R-
value or maximum required V-factor for each element in the building thermal
envelope (fenestration, roof/ceiling, opaque wall, floor, slab edge, crawl space
wall and basement wall) shall be in accordance with the criteria in Table
N1102.1.
Residential building, Type A-1, with greater than 25-percent glazing area;
residential buildings, Type A-2, with greater than 25-percent glazing area; and
any building in climates with HDD equal to or greater than 13,000; shall
determine compliance using the building envelope requirements of the
International Energy Conservation Code.
**Replace Table N1102.1 with:
TABLE N1102.1
SIMPLIFIED PRESCRIPTIVE BUILDING ENVELOPE THERMAL
COMPONENT CRITERIA MINIMUM REQUIRED THERMAL PERFORMANCE
(U-FACTOR AND R-VALUE)
MAXIMUM
GLAZING U-
FACTOR
MINIMUM INSULATION R-VALUE r(hr*ft2*F)/Btul
Ceilings Ceiling
Open to Joist/Roof Basement
Attic Rafter Walls Floors Walls
Crawl
space
Slab
perimeter
Ordinance No. 2590
Page 4 of 14
.
.
.
Btu/(hr*ft2*F)
0.65
Assembly
R-22
R-O
R-O
Section N1102.2 amend as follows:
N1102.2 Maximum solar heat gain coefficient for fenestration products. The
area-weighted-average solar heat gain coefficient (SHGC) for glazed fenestration
installed in climate zones with less than 3,500 HDD) shall not exceed 0.40.
**Add Section M1304.2 to read as follows:
M1304.2 Minimum burial depth. Underqround fuel pjpinq systems shall be
installed a minimum depth of 18 inches (458 mm) below qrade.
**Section M1305.1.3; change to read as follows:
M1305.1.3 Appliances in attics. Attics containing appliances requiring access
shall be provided. . . {bulk of paragraph unchanged} . . . sides of the appliance
where access is required. The clear access opening dimensions shall be a
minimum of 20 inches by 30 inches (508 mm by 762 mm), or larqer where such
dimensions are not large enough to allow removal of the largest appliance. As a
minimum. access to the attic space shall be provided by one of the followinq:
1 . A permanent stair.
2. A pull down stair.
3. An access door from an upper floor level.
Exception: The passageway and level service space are not required where the
appliance is capable of being serviced and removed through the required
opening.
**Add Section M1305.1.5, M1305.1.5.1 to read as follows:
M1305.1.5 Water heaters above around or floor. When the mezzanine or
platform in which a water heater is installed is more than eiqht (8) feet (2438 mm)
above the qround or floor level. it shall be made accessible by a stairway or
permanent ladder fastened to the buildinq.
M1305.1.5.1 Whenever the mezzanine or platform is not adequately
liqhted or access to a receptacle outlet is not obtainable from the main
level. liqhtinq and a receptacle outlet shall be provided in accordance with
Section M1305.1.3.1.
**Section M1305. 1.3. 1; add a sentence to read as follows:
Low voltaqe wirinq of 50 Volts or less shall be installed in a manner to prevent
physical damaqe.
**Section M1305. 1.4. 1; change to read as follows:
M1305.1.4.1 Ground clearance. Appliances supported from the ground shall be
level and firmly supported on a concrete slab or other approved material
extending above the adjoining grade a minimum of 3 inches (76 mm). Appliances
Ordinance No. 2590
Page 5 of 14
.
suspended from the floor shall have a clearance of not less than 6 inches (152
mm) above the ground.
**Section M1305.1.4.3; add a sentence to read as follows:
Low voltaqe wirinq of 50 Volts or less shall be installed in a manner to prevent
physical damaqe.
**Section M1307.3.1; delete.
**Section M1501.2; change to read as follows:
M1501.2 Exhaust duct size. The minimum diameter of the exhaust duct shall be
as recommended by the manufacturer, shall be at least the diameter of the
appliance outlet and shall be a minimum nominal size of 4 inches (102 mm) in
diameter. The size of duct shall not be reduced alonq its developed lenoth nor at
the point of termination.
.
**Section M1501.3; change to read as follows:
M1501.3 Length limitation. The maximum length of a clothes dryer exhaust
duct shall not exceed 25 feet (7620 mm) from the dryer location to the wall or
roof termination with not more than two bends. When extra bends are installed,
the maximum length of the duct shall be reduced 2.5 feet (762 mm) for each
45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad)
bend that occur after the first two bends, measurinq in the direction of airflow,
The maximum length of the exhaust duct does not include the transition duct.
{Exception is unchanged}
**Section M1601.3.4, item #1; change to read as follows:
1. Duct insulation shall conform to the requirements of Table M1601.3.4 and
Section N1101.2. Should there be any conflicts between this section and the
enerqy efficiency provisions, the eneroy efficiency provisions shall take
precedence.
A vapor retarder in accordance with Table M1601.3.4 or aluminum foil having
a minimum thickness of2 mils (0.051 mm), shall be installed on the exterior of
insulation on cooling supply ducts that pass through nonconditioned spaces
conducive to condensation.
Insulations havinq a permeance of 0.05 perms f2.87 nq/(Pa . s . m2)1 or less
shall not be required to be covered.
**Add Table M1601.3.4 to read as follows:
Table M1601.3.4 - Insulation of Ducts
Insulation
Duct Location Types Heating
Mechanically Zone!
Cooled
Insulation Types
Heating Only
.
2
C, V and W
I
A and W
Ordinance No. 2590
Page 6 of 14
.
On roof on exterior of building II Band W
III C and W
2 I A
Attics, garages and crawl spaces A and V II A
III B
3 3 2 I A
In Walls, within floor-ceiling spaces A and V II A
III B
Within the conditioned space or in
basements, return ducts in air plenums None None Required
Required
Cement slab or within ground None None Required
Required
.
Note: Where ducts are used for both heating and cooling, the minimum
insulation shall be as required for the most restrictive condition.
1 Heating Degree Days:
Zone I below 4,500 D.D.
Zone II 4,501 to 8,000 D.o.
Zone III over 8,000 D.D.
2 Vapor retarders shall be installed on supply ducts in spaces vented to the
outside in geographic areas where the summer dew point temperature based on
the 2 % percent column of dry-bulb and mean coincident wet-bulb temperature
exceeds 600 F. (15.40 C).
3 Insulation may be omitted on that portion of a duct which is located within a
wall- or a floor-ceiling space where:
3.1 Both sides of the space are exposed to conditioned air.
3.2 The space is not ventilated.
3.3 The space is not used as a return plenum.
3.4 The space is not exposed to unconditioned air.
Ceilings which form plenums need not be insulated,
INSULATION TYPES4 :
A -- A material with an installed conductance of 0.48 [2.72 W/(m*K)] or the
equivalent thermal resistance of 2.1 [0.367 (m*K)/W].
Example of materials capable of meeting the above requirements:
1-inch (25 mm), 0.60 Ib./cu.ft. (9.6 kg/m3) mineral fiber, rock, slag
or glass blankets.
%-inch (13 mm), 1.5 to 3 Ib./cu.ft. (24 to 48 kg/m3) mineral fiber
blanket duct liner.
Ÿ2-inch (13 mm), 3 to 10 Ib./cu.ft. (48 to 160 kg/m3) mineral fiber
boa rd.
B -- A material with an installed conductance of 0.24 [1.36 W/(m*K)] or the
equivalent thermal resistance of 4.2 [0.735 (m*K)/W].
Example of materials capable of meeting the above requirements:
2-inch (51 mm), 0.60 Ib./cu.ft. (9.6 kg/m3) mineral fiber blankets.
.
Ordinance No. 2590
Page 7 of 14
.
1-inch (25 mm), 1.5 to 3 Ib./cu,ft. (24 to 48 kg/m3) mineral fiber
blanket duct liner.
1-inch (25 mm), 3 to 10 Ib./cu.ft. (48 to 160 kg/m3) mineral fiber
board,
C -- A material with an installed conductance of 0.16 [0.9 W /(m*K)] or the
equivalent thermal resistance of 6.3 [1.1 (m*K)/W].
Example of materials capable of meeting the above requirements:
3-inch (76 mm), 0.60 Ib./cu.ft. (9.6 kg/m3) mineral fiber blankets.
1 %-inch (38 mm), 1,5 to 3 Ib./cu,ft, (24 to 48 kg/m3) mineral fiber
blanket duct liner.
1 %-inch (38 mm), 3 to 10 Ib./cu.ft. (48 to 160 kg/m3) mineral fiber
board.
V --Vapor Retarders: Material with a perm rating not exceeding 0.05 perm
[29 ng/Pa*s*m2]. All joints to be sealed.
W - Approved weatherproof barrier.
4 The example of materials listed under each type is not meant to limit other
available thickness and density combinations with the equivalent installed
conductance or resistance based on the insulation only.
.
**Section M2005.2; change to read as follows:
M2005.2 Prohibited locations. Fuel-fired water heaters shall not be installed in
a room used as a storage closet. Water heaters located in a bedroom or
bathroom shall be installed in a sealed enclosure so that combustion air will not
be taken from the living space. Access to such enclosure may be from the
bedroom or bathroom when throuqh a solid door. weather-stripped in accordance
with the exterior door air leakaqe requirements of the International EnerQV
Conservation Code and equipped with an approved self-closinq device. Direct-
vent water heaters are not required to be installed within an enclosure.
** Section G2403; amend definition of "Unvented Room Heater" to add a
sentence to read as follows:
For the purpose of installation. this definition shall also include "Unvented
Decorative Appliances."
**Section G2407.15, item #1; change the exception to read as follows:
Exception: Unobstructed stud and joist spaces within dwellinq units shall not be
prohibited from conveying combustion air, provided that not more than one
required fireblock is removed.
**Section G240B.3; delete.
.
**Section G2411.5; add a second paragraph to read as follows:
Both ends of each section of medium pressure corruqated stainless steel tubinq
(CSST) shall identify its operatinq qas pressure with an approved taq. The taqs
are to be composed of aluminum or stainless steel and the followinq wordinq
shall be stamped into the taq:
Ordinance No. 2590
Page 8 of 14
.
"WARNING
1/2 to 5 psi qas pressure
Do Not Remove"
**Section G2412.3; add an exception to read as follows:
Exception: Corruqated stainless steel tubinq (CSST) shall be a minimum of 1/2".
**Section G2414.6; change to read as follows:
G2424.6 (404.6) Piping in solid floors. Piping in solid floors shall be laid in
channels in the floor and covered in a manner what will allow access to the
piping with a minimum amount of damage to the building. Where such piping is
subject to exposure to excessive moisture or corrosive substances, the piping
shall be protected in an approved manner. As an alternative to installation in
channels, the piping shall be installed in accordance with Section G2414.11
(404.11 )
**Section G2414.9; change to read as follows:
G2414.9 (404.9) Minimum burial depth. Underground piping systems shall be
installed a minimum depth of 18 inches (458 mm) below grade.
**Section G2414.9.1; delete.
.
**Section G2416.4; add a sentence to read as follows:
The equipment used shall be of an appropriate scale such that pressure loss can
be easily determined.
**Section G2416.4.1; change to read as follows:
G2416.4.1 (406.4.1) Test pressure. The test pressure to be used shall be not
less than 10 psig (68.9 kPa gauge), or at the discretion of the Code Official. the
pipinq and valves may be tested at a pressure of at least six (6) inches (152 mm)
of mercury. measured with a manometer or slope qauqe. For welded pipinq. and
for pipinq carryinq qas at pressures in excess of fourteen (14) inches water
column pressure (3.48 kPa). the test pressure shall not be less than sixty (60)
pounds per square inch (413.4 kPa).
**Section G2416.4.2; change to read as follows:
G2416.4.2 (406.4.2) Test duration. Test duration shall be held for a lenqth of
time satisfactory to the Code Official. but in no case for less than fifteen (15)
minutes. For welded pjpinq. and for pipinq carryinq qas at pressures in excess of
fourteen (14) inches water column pressure (3.48 kPa), the test duration shall be
held for a lenqth of time satisfactory to the Code Official. but in no case for less
than thirty (30) minutes.
**Add Section G2419.1.4 to read as follows:
G2419.1.4 Valves in CSST installations. Shutoff valves installed with
. corruqated stainless steel (CSST) pipinq systems shall be supported with an
Ordinance No. 2590
Page 9 of 14
.
approved termination fittinq, or equivalent support. suitable for the size of the
valves, of adequate strenqth and quality. and located at intervals so as to
prevent or damp out excessive vibration but in no case qreater than 12-inches
from the center of the valve. Supports shall be installed so as not to interfere with
the free expansion and contraction of the system's pipinq, fittinqs. and valves
between anchors. All valves and supports shall be desiqned and installed so they
will not be disenqaqed by movement of the supportinq pipinq.
**Section G2420. 1; add a second paragraph and exception to read as
follows:
Access to requlators shall comply with the requirements for access to
appliances as specified in Section M1305.
Exception: A passaqeway or level service space is not required when the
requlator is capable of beinq serviced and removed throuqh the required
attic openinq.
**Section G2437.5; add a sentence to read as follows:
The size of duct shall not be reduced alonq its developed lenqth nor at the point
of termination.
.
**Section G2437.5.1; change to read as follows:
G2437.5.1 (613.6.1) Maximum length. The maximum length of a clothes dryer
exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to the
outlet terminal with not more than two bends. When extra bends are installed, the
maximum length of the duct shall be reduced 2 1/2 feet (762 mm) for each 45-
degree (0.79 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend
that occur after the first two bends. measurinq in the direction of airflow.
{Exception is unchanged}
**Section G2443.2; change to read as follows:
G2443.2 (620.2) Prohibited use. One or more unvented room heaters shall not
be used as the sole source of comfort heating in a dwelling unit.
Exception: Existinq approved unvented heaters may continue to be used
in dwellinq units, in accordance with the code provisions in effect when
installed. when approved by the Code Official unless an unsafe condition
is determined to exist as described in International Fuel Gas Code Section
108.7.
**Section G2446.1.1; change to read as follows:
G2446.1.1 (623.1.1) Installation requirements. The requirements for water
heaters relative to access, sizing, relief valves, drain pans and scald protection
shall be in accordance with this code.
.
**Section P2503.5.1, item 1; add a second paragraph to read as follows:
Ordinance No. 2590
Page 10 of 14
.
.
.
Shower receptors shall be tested for water tiqhtness by fillinq with water to
the level of the rouqh threshold. The drain shall be pluqqed in a manner so that
both sides of pans shall be subjected to the test at the point where it is clamped
to the drain.
**Section P2503.7.2; change to read as follows:
P2503.7.2 Testing. Reduced pressure principle. . . {bulk of section unchanged}.
. . at the time of installation, immediately after repairs or relocation and at reqular
intervals as required by applicable state or local provisions.
**Add Section P2603.6.1 to read as follows:
P2603.6.1 Sewer depth. Buildinq sewers shall be a minimum of 12 inches (304
mm) below qrade.
**Section P270B. 1; change to read as follows:
P2708.1 General. Shower compartments shall. . . {bulk of section unchanged} . .
. shall be constructed as per Section R307.2 . Such walls shall. . . {remainder of
section and exception unchanged}.
**Section P270B. 1; add a sentence to read as follows:
Thresholds shall be of sufficient width to accommodate a minimum twenty-two
(22) inch (559 mm) door.
**Section P2709. 1; add an exception to read as follows:
Exception: Showers desiqned to comply with ICC/ANSI A117.1.
**Section P2710.1; change to read as follows:
P2710.1 Finished. Shower walls shall be finished in accordance with Section
R307.2 .
**Section P2B03.6. 1; change to read as follows:
P2803.6.1 Requirements for discharge. The outlet of a pressure relief valve,
temperature relief valve or combination thereof, shall not be directly connected to
the drainage system. The discharge from the relief valve shall be piped full size
separately to the outside of the building or to an indirect waste receptor located
inside the building. The pipe shall be made of minimum Type M Copper.
In areas subject to freezing, the relief valve shall discharge through an air gap
into an indirect waste receptor located within a heated space, or by other
approved means. The discharqe pipe shall not discharqe into the pan required in
Section P2801.5.
The discharge shall be installed in a manner that does not cause personal injury
or property damage and that is readily observable by the building occupants. The
discharge from a relief valve shall be trapped. The diameter of the discharge
piping shall not be less than the diameter of the relief valve outlet.
Ordinance No. 2590
Page 11 of 14
·
The discharge pipe shall be installed so as to drain by gravity flow and shall
terminate atmospherically. When discharoinq outside the buildino. the point of
discharoe shall be with the end of the pipe not more than two (2) feet (610 mm)
nor less than six (6) inches (152 mm) above the oround or the floor level of the
area receivinq the discharqe and pointinq downward.
The end of the discharge pipe shall not be threaded.
**Table P2904.4.1; delete "Polybutylene (PB) plastic pipe and tubing".
**Sections P2904.5, 2904.5.1 and 2904.12; delete reference to "PB" plastic
pipe.
**Section P3005.2.6; changed to read as follows:
P3005.2.6 Upper terminal Each horizontal drain shall be provided with a
cleanout at its upper terminal.
Exception: Cleanouts may be omitted on a horizontal drain less that five (5) feet
(1524 mm) in lenoth unless such line is servinq sinks or urinals.
·
**Section P3103.1; changed to read as follows:
P3103.1 Roof extension. All open vent pipes which extend through a roof shall
be terminated at least six (6) inches (152 mm) above the roof except that. . .
{remainder of section unchanged}.
**Sections P3105.2 and P3105.3 and Figure P3105.3; delete
**Section P3111.1; change to read as follows:
P3111.1 Type of fixture. A combination waste and vent system shall not serve
fixtures other than floor drains, standpipes, indirect waste receptors. Combination
drain and vent systems shall not receive the discharge of a food waste grinder.
-Section P3111.2; change to read as follows:
P3111.2 Installation. The only vertical pipe of a combination drain and vent
system shall be the connection between the fixture drain of a standpipe, and the
horizontal combination waste and vent pipe. The maximum vertical distance shall
be 8 feet (2438 mm).
**Section E3301. 1; add a sentence to read as follows:
All references to NFPA 70 shall mean the Electrical Code as adopted.
**Section E3306.3; change to read as follows:
E3306.3. Minimum size of conductors. The minimum size of conductors for
branch circuits shall. . . {remainder of section unchanged} . . ..
· **Section E3306.6; change to read as follows:
Ordinance No. 2590
Page 12 of 14
.
E3306.6 Conductors in parallel. Circuit conductors that are electrically joined at
each end to form a single conductor shall be limited to sizes No.1/0 and larger.
{remainder of section unchanged.}
**Section E3802.8; change to read as follows:
E3802.8 Exempt receptacles. Receptacles installed under exceptions to
Sections E3802.2 and E3802.5 shall not be considered as meeting the
requirements of Section E3801.9.
SECTION 3. Part VIII Electrical Section of the 2000 International
Residential Code is not adopted by this ordinance, The most recently adopted
National Electrical Code shall be in full force and effect to establish the rules and
regulations governing electrical aspects of construction.
SECTION 4. That if any section, subsection, sentence, clause, or phrase
of this Ordinance is, for any reason, as amended hereby, be adjudged or held to
be invalid, such decision shall not affect the validity of the remaining portions of
this Ordinance.
.
SECTION 5. That any person, firm or corporation violating any of the
provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon
conviction in the municipal court of the City of North Richland Hills, Texas, shall
be subject to a fine not to exceed the sum of $200.00 for each offense, and each
and every day said violation is continued shall constitute a separate offense.
SECTION 6. This ordinance shall take effect on January 1, 2002.
DULY PASSED by the City Council of North Richland Hills, Texas, on the
day of December, 2001.
.
Ordinance No. 2590
Page 13 of 14
.
APPROVED:
ATTEST
MAYOR
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
.
DEPARTMENT HEAD
.
Ordinance No. 2590
Page 14 of 14
.
.
CITY OF
NORTH RICHLAND HILLS
. Department: Planning & Inspections Department
Council Meeting Date: 12/17/01
Subject: Consider Adoption of 1999 National Electrical Code
Ordinance #2591
Agenda Number: GN 2001-119
CASE SUMMARY:
At present NRH is under the 1996 National Electrical Code. The surrounding areas are
currently moving to the 2000 International Codes and the 1999 National Electrical Code. In
July 2001, Council approved a Technical Code Review Committee consisting of 7
members to review new building codes as appropriate to the City of NRH.
During the State legislative sessions, the mandatory adoption for the 2000 International
Residential Code and the 2000 International Energy Conservation Code became law on
September 1, 2001. The State provided for a mandatory adoption date of January 1, 2002
for the International Residential Code and September 1, 2002 for the International Energy
Code.
Due to the enormity of these code changes and the education for staff as well as for the
construction industry, staff proposes to implement these code adoptions in phases. In
March 2002, staff plans to bring forward for adoption the 2000 International Plumbing,
Mechanical Codes. In June 2002, staff plans to bring forward the 2000 International
Building, Fire, Energy Codes and 2001 International Energy Supplement
1999 National Electrical Code
This code is updated from the 1996 version. It has been completely redesigned in format
and some code reference numbers have changed but the overall content is the same.
There is a requirement for Arc-Fault Circuit Interrupters (a special circuit breaker) to be
installed on all bedroom circuits. The Technical Code Review Committee has voted to
delay the enforcement of this requirement until the next adopted electrical code. The
reason for this delay is due to the lack of availability and cost of the breakers. These
breakers would increase the cost of an average 3 bedroom home possibly $300 - $400 at
contractors cost.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget " _)
Other - ~
__ )of¿~
Account Number
Sufficient Funds AvaIlable
Finance Director
Department Head Signature
/2.c;~
City Manager Signature
GN 2001-
Page 1 of2
..
CITY OF
NORTH RICHLAND HILLS
The Technical Code Review Committee approved the recommended North Texas Council
Of Government amendments to the 1999 National Electrical Code. For the most part the
amendments are used to clarify a code requirement for use in this geographic area.
Recommendation:
The Technical Code Review Committee has met over the past several months and the
Committee has made a final recommendation at the November 15, 2001. The Committee
voted 4-0 to recommend adoption of the 1999 National Electrical Code Ordinance #2591.
CITY COUNCIL ACTION ITEM
Page 2 of 2
..
·
MINUTES OF THE REGULAR MEETING OF THE
TECHNICAL CODE REVIEW BOARD OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
NOVEMBER 15, 2001
1.
CALL TO ORDER
The meeting was called to order at 6:30 p.m.
2.
ROLL CALL
PRESENT Chairman
Mark Alexander
Joe Crane
Lloyd Robinson
Lynn Motheral
ABSENT
Gary Rademacher
Bill Manning
Jim Lackey
·
CITY STAFF
Director of Development
Acting Building Official
Recording Secretary
John Pitstick
Penny Peterson
Micah Johnson
DISCUSSION OF THE ADOPTION OF THE 2000 INTERNATIONAL RESIDENTIAL
CODE, THE 1999 NATIONAL ELECTRICAL CODE, THE 2002 FEE SCHEDULE, 2002
NRH SUPPLEMENTAL DEVELOPMENT CODE TO THE ADOPTED BUILDING
CODES.
The City of North Richland Hills, working in the direction of change has been reviewing
changes to be made to City Ordinances concerning the International Residential Code,
the National Electrical Code and the present Fee Schedule. Over that past several
months, a committee has been formed of contractors in the city to come together and
decide what would be the best steps for the city to move forward with the future.
The last meeting on November 8,2001, ended with talks of the plumbing code. Mr.
Lloyd Robinson, Robinson Plumbing, was not present at that meeting in order to share
his expertise on the subject. Tonight's meeting continued with that discussion of the
recommended COG amendments to the International Residential Code regarding
· plumbing.
Page 1 11/15/01
Technical Review Committee
·
·
·
Some of the areas where plumbing were a concern was sections G2411.5 regarding
CSST being tagged and G2443.2 regarding un-vented space heaters and the required
sensors. Mr. Robinson brought up Section P2803.6.1 which covers requirements for
discharge, suggesting that the ordinance be changed to reflect only copper tubing being
allowed with a minimum grade of M on all hot water heater discharge valves.
After the discussion of the plumbing recommendations, talks turned to the Fee
Schedule. Before the meeting Mark Alexander met with Mr. John Pitstick, Director of
Development to discuss what would be acceptable in regards to the increase of the fee
schedule. Mr. Alexander took a few minutes at the beginning of discussion to enlighten
the committee that the City would like to see an increase of at least 3% across the
board. Mr. Pitstick shared with the entire committee a study that was done on different
properties in the City of North Richland Hills and the comparison with several of the
surrounding City's. The City of North Richland Hills is behind when it comes to pricing
increase and would like direction from the committee in moving forward with a
recommendation of an increase and what the committee feels is acceptable.
Among the concerns of this discussion is how far the cap should be carried and how
this decision would effect the City of North Rich/and Hills in the future. Mr. Lynn
Motheral objected to an increase based only on that the City is behind other city fees.
He requested justification. Penny Peterson explained that the City would be moving
toward more service oriented projects such as a Housing code for Apartments,
Homeowner clean up, redevelopment of the lost areas of the City. These types of
projects usually do not produce income to the City and the increase would help the City
to fund these types of projects. Mr. Lynn Motheral feels a minimum of 3% with a
maximum of a 5% increase cap would be sufficient to cover all areas of the economic
growth and re-growth of the city. The other committee members agreed.
The remainder of the meeting covered the electrical code and any amendments to the
ordinance that would be needed before the recommendation would be presented to the
City Council. It was recommended by Mr. Joe Crane, Crane Electric, that Section
210.12 of the Electrical Code regarding Arc Fault Circuits Interrupters Protectors be
tabled at this time and forwarded for discussion upon the next review of the Electrical
Code. Mr. Crane also recommended that the ordinance be changed to only allow
copper conductors. Another recommendation made by Mr. Crane was the deletion of
Section 250-104 (8), which covers metal gas pipe bonding.
Upon completion of the discussion, Mr. Alexander asked that a vote be taken for
adoption of the recommended code changes with noted and COG amendments for the
2000 International Residential Code, the 1999 National Electrical Code, a minimum 3%,
maximum 5% yearly cap on the Fee Schedule, the Supplemental Ordinance to the
Building Codes. The voted carried unanimously (4-0).
The meeting ended with discussion of the recommendation from the Technical Code
Review Committee being taken forward to the City Council of North Rich/and Hills on
December 10, 2001.
Page 2 11/15/01
Technical Review Committee
.
.
.
ADJOURNMENT
The meeting was adjourned at 8:30 p.m.
Chairman
--
Page 311/15/01
Technical Review Committee
,.
·
·
·
ORDINANCE NO. 2591
AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS TO BE KNOWN AS
THE NORTH RICHLAND HILLS ELECTRICAL ORDINANCE; ADOPTING THE
NATIONAL ELECTRIC CODE. 1999 EDITION; ESTABLISHING ELECTRICAL
LICENSE REQUIREMENTS; REQUIRING THE REGISTRATION OF ELECTRICIANS;
REPEALING PREVIOUS ELECTRICAL ORDINANCES; PROVIDING A PENALTY
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION 1. TITLE
This Ordinance shall be known as the "North Richland Hills Electrical Code" and is
referred to herein as 'this code".
SECTION 2. PURPOSE
The purpose of this Code is to provide minimum standards for promoting the health,
safety and general welfare of the City and to protect the lives, property and security of
the City and its residents by regulating and controlling the design. Construction,
installation, alteration, location, operation, inspection, and maintenance of electrical
equipment used for light, heat, power, radio, television, signaling and for other
purposes; and by regulating and licensing those persons who will install or maintain
such electrical equipment.
SECTION 3. 1999 EDITION OF THE NATIONAL ELECTRIC CODE, ADOPTED
The National Electric Code. 1999 Edition, published by the National Fire Protection
Association and referred to as "NEC", as amended herein by provisions contained in
this ordinance, is hereby adopted as the Electrical Code for the City of North Richland
Hills, Texas, incorporated herein by reference and a copy is on file in the office of the
City Secretary.
SECTION 4. REGULATIONS OF TEXAS UTILITIES ELECTRIC COMPANY
ADOPTED
The rules and regulations of the Texas Utilities Electric Company as contained in the
document "Electric Service Guidelines, and being the most recent issue on file with the
City Secretary, are incorporated herein and made a part of this Ordinance. Electrical
permits issued as herein required may proceed toward completion under the issue of
"Electric Service Guidelines" on file with the City Secretary at the time said permit is
issued.
Ordinance # 2591
Page 1 of 12
·
SECTION 5. CONFLICTING REGULATIONS
In the event that a provision of the National Electric Code is in direct conflict with a
provision contained in this Ordinance or the Electric Service Guidelines of the Texas
Utilities Electric Company, the provision contained in this Ordinance, or the Electric
Service Guidelines of the Texas Utilities Electric Company shall govern and take
precedence.
SECTION 6. TERMINATION OF SERVICES TO VACANT BUILDINGS
The electricity supply agency shall disconnect the electrical service to any building or
premises, except private residence, duplexes and apartments, each time such building
or premises changes ownership, is leased, or changes occupants, and it shall not again
supply electricity to such building or premises until authorized to do so by the Building
Official. The owners, tenants or new occupants of such building or premises shall make
application to the Building Official for an inspection. The Building Official shall make a
temporary power inspection within 48 hours of filing such application exclusive of
Saturdays, Sundays and Holidays, or as soon thereafter as practicable.
SECTION 7. CONFLICT OF INTEREST PROHIBITED
·
It shall be unlawful for the building official, electrical inspector, while employed by the
City, to engage in the business of the sale, installation, repair, or the maintenance of
electrical equipment, either directly or indirectly, or to have any financial interest in any
concern engaged in such business.
SECTION 8. FAILURE TO OBTAIN PERMIT
When electrical work requiring a permit is found to be in progress or completed and no
permit has been issued for such work the required permit fee shall be doubled and
charged to the registered contractor doing all or part of the work. However, a double
permit fee shall not be charged when the work is performed by a registered contractor
at night, on Saturdays, Sundays or Holidays, so long as a permit for such work is
obtained between 8:00 o'clock a.m. and 5:00 o'clock p.m. on the first regular working
day after such work has been done.
SECTION 9. CONTRACTOR REGISTRATION
1. As a prerequisite to obtaining electrical permits, any person, firm or business
operating under the provisions of this code within the City shall register as an electrical
contractor and pay an annual fee as established by the City Council. The registration
shall be valid for one year from the date of issuance. The registration fee is not
refundable in cases of revocation or surrender of a contractor registration.
2. Each contractor shall maintain this registration with the City until the completion of
· work being performed under such permit. Each contractor applying for registration form
Ordinance # 2591
Page 2 of 12
·
as provided by the City.
3. Each application for registration as an electrical contractor shall be accompanied by
an affidavit signed by a master electrician, properly licensed by the City, stating that he
is either the owner and/or full time employee of such business and that he is authorized
to supervise either directly or indirectly the work and that he is authorized to order the
correction of any and all code deficiencies in work pursuant to any permits issued to the
electrical contractor. The statement shall further establish that the qualifying master is
qualifying no other electrical contractor within the City.
4. Each application for registration as an electrical contractor shall be accompanied by
.an original Certificate of Insurance, issued to the City as Certificate Holder providing a
ten day notification period of insurance lapse or cancellation, in the amount of not less
than $300,000.00 per occurrence for bodily injury, including death, and not less than
$100,000.00 per occurrence for property damage.
5. Renewal of this registration shall be the same as the original application.
·
6. In the event that the qualifying master electrician leaves the employ of any electrical
contractor, the registrant must notify the Building Official within ten days of such loss
stating the date of the loss and the name of any temporary supervising master
electrician. The electrical contractor must provide a new permanent qualifying master
electrician submitting the affidavit described in paragraph 3 within 15 days of the date of
the loss of the qualifying master of record; or, the electrical contractor shall surrender its
electrical contractors license.
7. An electrical contractor's registration may be revoked for violating any part of this
code or violation of other City ordinances or for any other acts deemed a detriment to
the City or citizens. Contractors who feel aggrieved by the action shall have the right to
appeal to the Board of Appeals as set forth in the North Richland Hills Development
Regulations.
SECTION 10. ELECTRICAL LICENSE REQUIRED
1. It shall be unlawful for any person to perform electrical work within the city limits of
the City of North Richland Hills without a valid electrical license issued by the City of
North Richland Hills unless:
A.
B.
C.
· D.
The person is an employee of an electrical supply company and is performing
exempt work as herein described, or,
The person is exempt from the license requirements or engaged in exempt work
as herein described, or,
The person is an employee of an appliance sales business involved in the
installation or repair of general purpose household appliances provided that no
alteration. modification or extension is made to the electrical system, or,
The person is a maintenance employee of a public or semi-public school and
Ordinance # 2591
Page 3 of 12
·
performing electrical work at a public or semi-public school facility under the
guidance and direction of a licensed master or journeyman electrician, or,
E. The person is a homeowner performing electrical work on his place of residence.
2. There is hereby created six (6) grades of licenses described as follows:
A. Master Electrician License
B, Journeyman Electrician License
C. Master Sign Electrician License
D. Journeyman Sign Electrician License
E. Residential Wireman Electrician License
F. Maintenance Electrician License
3. To be qualified to obtain a license after the adoption of this code from the City of
North Richland Hills, and to engage in the electrical business in a capacity for which a
license is required by this Code, every applicant for a license shall:
·
A. Provide written evidence of successfully passing a written examination given by
the City's officially designated examining agency for the grade of license sought,
or
B. Be the holder of a current valid electrician's license issued by another city
located in the State of Texas which has a current reciprocal agreement with the
City of North Richland Hills and provide a certificate or a letter of examination
which states that the applicant has passed an examination qualifying him for the
grade of license for which he is applying, and said license and certificate of
examination has been determined to be comparable to the minimum licensing
requirements of the City of North Richland Hills, or,
C. Be the holder of a current valid electrician's license issued by the City of North
Richland Hills prior to the adoption of this ordinance.
4. Any license issued under the provision of this Code shall be valid for a period of one
year from the date of issuance and may renewed thereafter upon payment of the
applicable license fee. A license holder having an expired license over 90 days shall be
required to reapply for a new license and comply with the most current license and
testing procedures.
5. The holder of any license issued under the reciprocal provisions of this Code shall be
required to furnish similar documentation as that of the initial license procedure prior to
receiving the renewal license.
6. Licenses issued by the City of North Rich/and Hills prior to the adoption of this
ordinance shall be valid for the purposes of this ordinance until expired and shall only
be renewed according to the licensing provisions established elsewhere in this code.
7. No license in effect, issued, or renewed under the terms of this Code shall ever be
· transferred to or used by any person other than the one to whom the same is issued,
Ordinance # 2591
Page 4 of 12
·
·
·
nor shall a holder of a license allow his name or license to be used by any other person
to obtain a permit or to perform work under such license.
8. Each holder of a license shall carry their license on their person at all times while
performing electrical work, and they shall produce and present such license immediately
upon request by any Electrical Inspector.
9. Each holder of a license shall provide the Building Official with a written notice of his
permanent address, drivers license number if applicable and telephone number of his
regularly established place of business.
10. This Code shall not be construed to affect the responsibility or liability of any party
owning, operating, controlling or installing any electrical equipment for damages to
persons or properly caused by any defect in such equipment or in the installation
thereof, nor shall either any Electrical Inspector or the City assume any liability by
reason of the inspection or re-inspection authorized in this chapter or by reason of the
certificates of conformance or nonconformance or by reason of the approval or
disapproval of any equipment authorized in this chapter or by the issuance of any
permits or licenses.
11. Nothing in this Code shall be construed to prevent maintenance of specialized
equipment by a manufacturer of the equipment provided those persons that perform
such maintenance work hold a valid Maintenance Electrician License.
SECTION 11. MINIMUM LICENSE QUALIFICATION CRITERIA
1. To be qualified to obtain a master electrical license, an applicant must hold a master
electrician's license from another city with which a reciprocal agreement exists; or, hold
a master electricians license form an approved testing agency and provide proof of one
of the following criterion:
A. Possess at least four years experience as a Journeyman Electrician in the
construction industry; or
B. Be a graduate of a recognized Bureau of Apprenticeship Training, U.S.
Department of Labor electrical trade school with a four year curriculum and
have at least three years experience as a Journeyman Electrician; or
C. Be a graduate after majoring in electrical engineering from an accredited
college or university which has not less than a four-year curriculum and have
at least three years of practical experience.
2. To be qualified to obtain a journeyman electrical license, an applicant must hold a
journeyman electrician's license from another city with which a reciprocal agreement
exists; or, hold a journeyman electricians license from an approved testing agency and
provide proof of one of the following criterion:
A. Possess at least four years experience in the electrical construction industry,
Ordinance # 2591
Page 5 of 12
·
supervised by a licensed master or journeyman electrician, or;
B. Be a graduate of a recognized Bureau of Apprenticeship Training, U.S.
Department of Labor electrical trade school with a four-year curriculum.
3. To be qualified to obtain a master sign electrical license, an applicant must hold a
master sign electrician's license from another city with which a reciprocal agreement
exists; or, hold a master sign electricians license from an approved testing agency and
provide proof of one of the following criterion:
A. Possess at least three years experience as a Journeyman Sign Electrician in the
installation and/or manufacturing of electrical signs, exclusive of experience
devoted to non-electrical components; or
B. Have graduated after majoring in electrical engineering from an accredited
college or university that has not less than a four-year curriculum and shall have
at least 18 months experience of practical electrical sign experience.
4. To be qualified to obtain a journeyman sign electrical license, an applicant must hold
a journeyman sign electrician's license from another city with which a reciprocal
agreement exists; or, hold a journeyman sign electricians license from an approved
testing agency and provide proof of one of the following criterion:
·
A. Possess at least three years experience in the installation of electrical sign or
outline lighting equipment, exclusive of experience devoted to non-electrical
components such as enclosures; or
B. Have two years college credit majoring in electrical engineering in an accredited
college or university; including completion of that university or college published
curriculum for freshman and sophomore electrical engineering of electrical
engineering major, and shall have had at least 18 months experience of practical
electrical sign experience.
5. To be qualified to obtain a residential wireman electrical license an applicant must
hold a residential wireman electrician's license from another city with which a reciprocal
agreement exists; or, hold a license from an approved testing agency and provide proof
of at least two years experience in the wiring and installation of electrical equipment in
one and two family dwelling.
6. To be qualified to obtain a maintenance electrical license, an applicant must hold a
maintenance electrician's license from another city with which a reciprocal agreement
exists; or, hold a maintenance electricians license from an approved testing agency and
provide proof of one of the following criterion:
A. Have four years experience in maintaining and repairing electrical apparatus in
the electrical maintenance industry, or
B. Possess a certificate from an approved two-year service maintenance training
school in lieu of the required two years of experience. Written documentary
· information as to proof of experience and education shall be required.
Ordinance # 2591
Page 6 of 12
·
EXCEPTION: With approval of the Board of Appeals a Maintenance Electrician
Training License may be issued to training school graduates for the additional
two years experience required. This training license will allow a person who is
employed by another Maintenance Electrician with a valid license to do
maintenance in the field of his training, The licensed Maintenance Electrician
shall be responsible for the trainees' work.
SECTION 12. RECIPROCAL LICENSE PROVISIONS
The Building Official is hereby authorized to initiate procedures to establish reciprocal
agreements with other cities or agencies whose procedures for issuing certificates of
examination have been determined to be comparable to the minimum licensing
requirements of the City of North Richland Hills.
SECTION 13. APPROVAL OF EXAMINING AGENCIES
·
1. The City council may authorize the City Manager or his appointed designee to
contract with an examination agency to perform examination services for the licensing
of electricians; or, the City Council may authorize the City Manager or his appointed
designee to contract with other cities in the North Texas Region in the form of an
Interlocal Cooperation Agreement allowing the cities as a unit to contract the services of
an examining agency. The selected agency shall be the City's officially designated
examining agency and shall perform all examination service requested by the City.
2. The Building Official shall be authorized to approve those examining agencies whose
certificates of examination issued by the City's officially designated agency. Such
agencies shall be known as alternated examining agencies. It shall be the responsibility
of the Building Official to review the qualifications and testing standards of such
agencies.
SECTION 14. ELECTRICAL LICENSE FEE SCHEDULE
Applicants for an electrical license shall pay an annual license fee as set forth by the
City Council.
SECTION 15. AREAS OF AUTHORIZED WORK
Only the following licenses shall be permitted to do the electrical work specified below:
1. MASTER ELECTRICIAN - A Master Electrician may contract for and engage in the
business of installing, repairing or replacing electrical wiring or equipment of any nature
on or in buildings or structures, including signs. The Master Electrician may employ and
supervise Journeyman Electricians, Master Sign Electricians, Journeyman Sign
Electricians, Residential Wireman Electricians and Maintenance Electricians, helpers
· and apprentice electricians.
Ordinance # 2591
Page 7 of 12
.
.
2. JOURNEYMAN ELECTRICIAN - A Journeyman Electrician shall be able to perform
any- type of electrical work under the supervision of a Master Electrician, or perform any
type of sign work under the supervision of a Master Electrician or a Master Sign
Electrician, but in no case shall a Journeyman Electrician contract for or engage in the
business of electrical work of any nature, except under the supervision of either a
Master Electrician or a Master Sign Electrician. A Journeyman Electrician shall be able
to layout work for and to supervise helper or apprentice electricians.
3. MASTER SIGN ELECTRICIAN - A Master Sign Electrician shall be able to contract
for and engage in the business of manufacturing and installing electrical signs, luminous
gas or electric discharge signs and luminous gas or electric discharge outline lighting
from the secondary wiring power source or transformer in the sign and to employ and
supervise Journeyman Sign Electricians in the performance of such work on such signs
and/or outline lighting.
4. JOURNEYMAN SIGN ELECTRICIAN - A Journeyman Sign Electrician shall be able
to perform any type of sign and/or outline lighting work of a Master Electrician or Master
Sign Electrician, provided that such work must be performed under the supervision of a
licensed Master Electrician or a Master Sign Electrician.
5. RESIDENTIAL WIREMAN ELECTRICIAN - The Residential Wireman Electrician
License restricts the holder of such licenses to do electrical work in one and two family
dwellings only. Electrical contractors working electricians with a residential wireman
electrician license must work such electricians in one and two family dwelling sites only.
Electrical contractors working electricians in other types of construction will be subject to
a citation as well as the electricians.
6. MAINTENANCE ELECTRICIAN - A Maintenance Electrician shall be able to perform
the keeping in safe repair of any and all electrical installations, apparatus, equipment
and appliances and the keeping in safe repair of electrical equipment within a building
or in or on the premises where the Maintenance Electrician is regularly employed on a
permanent basis, for which an electrical permit is not required under the terms and
provisions of this Code.
7. A helper or apprentice electrician may perform electrical work only when the work is
laid out for him and supervised by a Master Electrician, a Master Sign Electrician, a
Journeyman Electrician, a Journeyman Sign Electrician, Maintenance Electrician, or a
Residential Wireman Electrician.
8. The supervising Master Electrician, Master Sign Electrician, Journeyman Electrician,
or Journeyman Sign Electrician shall be on the jOb site.
SECTION 16. REVOCATION OF LICENSE
. 1. If, after a permit is issued to a named licensee under the provisions hereof, and
Ordinance # 2591
Page 8 of 12
·
·
·
Building Official or Electrical Inspector shall immediately have an inspection made of the
work completed to that time, and he may revoke the outstanding permit and require that
a new permit be obtained before the work is allowed to resume.
2. A license or permit may be suspended, repealed or revoked by the Building Official
or Chief Electrical Inspector by reason of the occurrence of one or more of the following:
A. Fraud or misrepresentation in obtaining a license or permit; or
B. Violation of a provision of this Ordinance, or any other regulating
ordinance of the City applicable to the installation or alteration of
appliances, equipment or systems as set forth in this chapter; or
C. Conviction of defrauding a person for whom he has rendered or
contracted to render service; or
D. Failure to obtain a permit or the attempted assignment of a permit; or
E. The sending of six notifications within a six month period of complaints
that the licensee is in violation of this Ordinance.
3. Upon suspension or revocation of said Master Electrician or Master Sign Electrician
License, it shall be null and void and no work thereafter may be performed thereunder.
4. Upon appeal to the Board of Appeals, said Board may affirm, revise, or modify such
suspension or revocation.
SECTION 17. BOARD OF APPEALS
In order to hear and decide appeals of orders, decisions or determinations made by the
Building Official and/or Fire Marshall relative to the application and interpretation of this
ordinance and the building code, there is hereby created a Board of Appeals (Board),
consisting of five members and two alternates, who are qualified by experience and
training to pass on matters pertaining to building construction and who are not
employees of the City. The members and alternates shall be appointed by the City
Council and may be removed for due cause. The alternate members shall serve in the
absence of a regular member. The members shall serve for a period of two years; or,
until their successors are duly appointed. The Board shall elect a chairman from among
its members to preside at meetings. The Board may adopt rules to govern meetings
and establish procedures associated with the appeal process. Meetings of the Board
are held at the call of the chairman and at other times as may be determined by the
Board. The Building Official and/or Fire Marshall shall be an ex-officio member of and
shall act as secretaries to the Board but shall have no vote on any matter before the
Board.
Limitations of Authority. The Board of appeals shall have no authority relative to
interpretation of the administrative provisions of the building code nor shall the Board be
empowered to waive requirements of the building code.
Appeal Procedures. The appeal shall be filed with the Building Official and/or Fire
Marshall in writing within 15 days from the date of the decision or order appealed from.
Ordinance # 2591
Page 9 of 12
.
.
Such appeal shall refer to the specific decision or order appealed from and shall clearly
state the appellant's grounds for appeal. Such appeals shall be placed on the agenda
of the Board for hearing. The secretary shall notify all necessary parties of the date,
time and location of the hearing. Parties may appear before the Board in person, by
agents, or by attorney. The Board may require such additional data, tests or expert
professionals that it deems necessary for adequate decision of the appeal. The
appellant shall be required to pay a non-refundable fee in the amount listed in the fee
ordinance per appeal at the time that the appeal application is submitted to the Building
Official. The Building Official shall transmit to the Board all records and data in their
possession that are relevant to the appeal. All orders or decisions made pursuant to this
Code which are appealed from shall be stayed pending the final decision of the Board.
However, if the Building Official certifies to the Board that by staying such order or
decision, a hazardous situation to life or property would exist, then such order or
decision shall remain in full effect pending the final decision of the Board. The Building
Official shall enforce and execute all decisions and orders of the Board.
SECTION 18. AMENDMENTS TO THE NATIONAL ELECTRIC CODE
The 1999 National Electrical Code is hereby modified by the following amendments.
**Section 210-12 delay enforcement of requirement until next adopted code cycle.
210-12. Arc-Fault Circuit Interrupter Protection
**Section 230-2(a) add a sixth Special Condition.
230-2. Number of Services. A building or other structure served shall be supplied by
only one
service unless permitted in (a) through (d). For the purpose...{text unchanged}...shall be
considered to be supplying one service.
(a). Special Conditions. Additional services shall be permitted to supply
(1) Fire Pumps
(6) In supplyinq electrical service to multifamily dwellinqs, two or more laterals or
overhead service drops shall be permitted to a buildinq when both of the fOllowinq
conditions are met:
a. The buildinq has six or more individual qanq meters and all meters are
qrouped at the same location.
b. Each lateral or overhead service drop oriqinates from the same point of
service.
**Section 230-71(a) add an Exception.
230-71. Maximum Number of Disconnects.
General. The service disconnecting means for each service permitted by Section 230-2,
or for each set of service-entrance conductors permitted by Section 230-40, Exception
Nos. 1 or 3, shall consist of not more than six switches or six circuit breakers mounted
. in a single enclosure, in a group of separate enclosures, or in or on a switchboard.
Ordinance # 2591
Page 10 of 12
.
.
.
There shall be no more than six disconnects per service grouped in anyone location.
For the purpose...{text unchanged}...shall not be considered a service disconnecting
means.
Exception: Multi-occupant BuildinGs. Individual service disconnectinG means is limited to
six for each occupant. The number of individual disconnects at one location may exceed
six.
**Section 250-50 add a fifth paragraph.
250-50. Grounding Electrode System. If available on the premises at each building or
structure served, each item (a) through (d), and any made electrodes...{text
unchanged}...interconnect electrodes that are part of the grounding electrode system.
Exception: /n industrial.. .{text unchanged}.. . conductor is exposed.
Where a metal underqround water pipe, as described in item (a), is not present. a
method of qroundinq as specified in (b) throuqh (d) below shall be used.
(FPN): See Sections.. . {text unchanged}... agriculture buildings.
**Section 250-104(b) delete
250-104(b) Metal Gas Piping
**Section 310-2(b) change to read as follows:
(b) Conductor Material. Conductors in this article shall be of copper.
**Section 310-15(b)(6) change to read as follows:
310-15. Ampacities for Conductors Rated 0 to 2000 Volts.
(b) Tables.
(6) 120/240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders. For dwelling
units, conductors, as listed in Table 310-15(b)(6), shall be...{text unchanged} ...
conductors. The grounded conductor shall be permitted to be smaller than the
ungrounded conductors, provided the requirements of Sections 215-2, 220-22, and 230-
42 are met. This Section shall not be used in conjunction with Section 220-30.
**Section 336-5(a)(1) add an Exception; Section 336-5(a) add a tenth restriction.
336-5. Uses Not Permitted.
(a) Types NM, NMC, and NMS. Types NM, NMC, and NMS cables shall not be used in
the following:
(1) In any multifamily dwelling or other structure exceeding three floors above grade
For the purpose of this article, the first floor of a...{text unchanged}...vehicle parking,
storage, or similar use shall be permitted.
Exception: An additional /evel shall be permitted in multifamily dwellinGs where the
entire structure is protected throuGhout by an approved automatic sprinkler system.
(2) As service-entrance cable.
(10) In non-residential metal frame structures.
Ordinance # 2591
Page 11 of 12
. SECTION 19. PENALTY CLAUSE
That any person, firm or corporation violating any of the provisions of this ordinance or
of the Code of Ordinances, as amended hereby, shall be deemed guilty of a
misdemeanor and, upon conviction in the municipal court of the City of North Rich/and
Hills, Texas, shall be subject to a fine not to exceed the sum of $200.00 for each
offense, and each and every day said violation is continued shall constitute a separate
offense.
SECTION 20. SEVERABILITY CLAUSE
That should any word, sentence, paragraph, subdivision, clause, phrase or section of
this Ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held
to be void or unconstitutional, the same shall not affect the validity of the remaining
portions of said Ordinance or the Code of Ordinances, which shall remain in full force
and effect.
SECTION 21. EFFECTIVE DATE
This ordinance shall be in full force and effect from the date of passage and approval.
Ordinance No. 2198 is hereby repealed and replaced by this ordinance.
.
PASSED AND APPROVED BY THE CITY COUNCIL THIS _DAY OF DECEMBER,
2001.
APPROVED:
CHARLESSCOM~MAYOR
ATTEST:
PATRICIA HUTSON, CITY SECRETARY
APPROVED AS TO FORM:
REX MCENTIRE, CITY ATTORNEY
. DEPARTMENT HEAD
Ordinance # 2591
Page 12 of 12
v
.......
CITY OF
NORTH RICHLAND HILLS
.' Department: Planning & Inspections Department
Council Meeting Date: 12/17/01
Subject: Consider Adoption of 2002 NRH Supplemental Development Agenda Number: GN 2001-120
Code Ordinance #2592
CASE SUMMARY:
At present NRH is under the 1991 Uniform Building, Plumbing, Mechanical Codes and the
1996 National Electrical Code. The surrounding areas are currently moving to the 2000
International Codes and the 1999 National Electrical Code. In July 2001, Council approved
a Technical Code Review Committee consisting of 7 members to review these new
building codes as appropriate to the City of NRH.
As part of the approval of new codes the Technical Code Review Committee also
recommended adoption of local supplemental development codes dealing with local
development issues.
2002 NRH Supplemental Development Code
This code has been developed to address specific areas of concern for enforcement of
regulations in NRH. The Technical Code Committee has approved each item.
.
This code addresses how to Appeal code decisions, explains Certificate of Occupancy,
Contractor registration, Contractors performing work in ROW, Moving of buildings,
Addresses, Minimum foundation requirements, Site grading, Control of construction debris,
Temporary occupancy of streets, Lot drainage/flood plain, Sanitation requirements, Stop
work issue, Sampling ports, Access to construction sites, and Paving standards.
Recommendation:
The Technical Code Review Committee has met over the past several months and the
Committee has made a final recommendation at the November 15, 2001. The Committee
voted 4-0 to recommend adoption of the 2002 NRH Supplemental Development Code
Ordinance #2592.
Finance Review
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Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other - ~
. - 1Q~
Account Number
Sufficient Funds AvaIlable
Finance Director
Department Head Signature
/é!0~
City Manager Signature
GN 2001-
Page 1
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MINUTES OF THE REGULAR MEETING OF THE
TECHNICAL CODE REVIEW BOARD OF THE
CITY OF NORTH RICH LAND HILLS, TEXAS
NOVEMBER 15, 2001
1.
CALL TO ORDER
The meeting was called to order at 6:30 p.m.
2.
ROLL CALL
PRESENT Chairman
Mark Alexander
Joe Crane
Lloyd Robinson
Lynn Motheral
ABSENT
Gary Rademacher
Bill Manning
Jim Lackey
CITY STAFF
Director of Development
Acting Building Official
Recording Secretary
John Pitstick
Penny Peterson
Micah Johnson
DISCUSSION OF THE ADOPTION OF THE 2000 INTERNATIONAL RESIDENTIAL
CODE, THE 1999 NATIONAL ELECTRICAL CODE, THE 2002 FEE SCHEDULE, 2002
NRH SUPPLEMENTAL DEVELOPMENT CODE TO THE ADOPTED BUILDING
CODES.
The City of North Richland Hills, working in the direction of change has been reviewing
changes to be made to City Ordinances concerning the International Residential Code,
the National Electrical Code and the present Fee Schedule. Over that past several
months, a committee has been formed of contractors in the city to come together and
decide what would be the best steps for the city to move forward with the future.
The last meeting on November 8,2001, ended with talks of the plumbing code. Mr.
Lloyd Robinson, Robinson Plumbing, was not present at that meeting in order to share
his expertise on the subject. Tonight's meeting continued with that discussion of the
recommended COG amendments to the International Residential Code regarding
plumbing.
Page 1 11/15/01
Technical Review Committee
· Some of the areas where plumbing were a concern was sections G2411.5 regarding
CSST being tagged and G2443.2 regarding un-vented space heaters and the required
sensors. Mr. Robinson brought up Section P2803.6.1 which covers requirements for
discharge, suggesting that the ordinance be changed to reflect only copper tubing being
allowed with a minimum grade of M on all hot water heater discharge valves.
After the discussion of the plumbing recommendations, talks turned to the Fee
Schedule. Before the meeting Mark Alexander met with Mr. John Pitstick, Director of
Development to discuss what would be acceptable in regards to the increase of the fee
schedule. Mr. Alexander took a few minutes at the beginning of discussion to enlighten
the committee that the City would like to see an increase of at least 3% across the
board. Mr. Pitstick shared with the entire committee a study that was done on different
properties in the City of North Richland Hills and the comparison with several of the
surrounding City's. The City of North Richland Hills is behind when it comes to pricing
increase and would like direction from the committee in moving forward with a
recommendation of an increase and what the committee feels is acceptable.
·
Among the concerns of this discussion is how far the cap should be carried and how
this decision would effect the City of North Richland Hills in the future. Mr. Lynn
Motheral objected to an increase based only on that the City is behind other city fees.
He requested justification. Penny Peterson explained that the City would be moving
toward more service oriented projects such as a Housing code for Apartments,
Homeowner clean up, redevelopment of the lost areas of the City. These types of
projects usually do not produce income to the City and the increase would help the City
to fund these types of projects. Mr. Lynn Motheral feels a minimum of 3% with a
maximum of a 5% increase cap would be sufficient to cover all areas of the economic
growth and re-growth of the city. The other committee members agreed.
The remainder of the meeting covered the electrical code and any amendments to the
ordinance that would be needed before the recommendation would be presented to the
City Council. It was recommended by Mr. Joe Crane, Crane Electric, that Section
210.12 of the Electrical Code regarding Arc Fault Circuits Interrupters Protectors be
tabled at this time and forwarded for discussion upon the next review of the Electrical
Code. Mr. Crane also recommended that the ordinance be changed to only allow
copper conductors. Another recommendation made by Mr. Crane was the deletion of
Section 250-104 (B), which covers metal gas pipe bonding.
Upon completion of the discussion, Mr. Alexander asked that a vote be taken for
adoption of the recommended code changes with noted and COG amendments for the
2000 International Residential Code, the 1999 National Electrical Code, a minimum 3%,
maximum 5% yearly cap on the Fee Schedule, the Supplemental Ordinance to the
Building Codes. The voted carried unanimously (4-0).
·
The meeting ended with discussion of the recommendation from the Technical Code
Review Committee being taken forward to the City Council of North Richland Hills on
December 10, 2001.
Page 2 11/15/01
Technical Review Committee
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.
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ADJOURNMENT
The meeting was adjourned at 8:30 p,m.
Chairman
Mark Alexander
Page 3 11/15/01
Technical Review Committee
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,. ,
2002 NRH SUPPLEMENTAL DEVELOPMENT CODE
ORDINANCE NO. 2592
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
ADOPTING REGULATIONS CONSIDERED TO BE SUPPLEMENTAL TO THE
ADOPTED DEVELOPMENT CODES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF $200.00 FOR EACH OFFENSE;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION 1. Purpose. The purpose of this Code is to provide minimum standards
to safeguard life or limb, health, property and public and welfare by regulating and
controlling the design, construction, quality of materials, use and occupancy, location and
maintenance of all buildings and structures within this jurisdiction and certain equipment
specifically regulated herein.
SECTION 2. Conflict With the Development Codes. This ordinance is not
intended to be in conflict with the adopted building code of the City of North Richland Hills.
Rather, this ordinance is intended to supplement the adopted building code. When any
conflict shall arise between this ordinance and the adopted building code, the most
restrictive requirement shall apply. The term building code is meant to refer collectively to
the adopted building code, electrical code, mechanical code, plumbing code, fire code and
other adopted development and construction regulations and standards.
SECTION 3. Building Official Designated. The City Manager of the City of North
Rich/and Hills shall appoint the Building Official. The Building Official shall, on the authority
of the City Manager, carry out the duties of Building Official. It shall be the duty of the
Building Official to enforce the provisions of this ordinance and the building code.
SECTION 4. Board of Appeals. In order to hear and decide appeals of orders,
decisions or determinations made by the Building Official and/or Fire Marshall relative to
the application and interpretation of this ordinance and the building code, there is hereby
created a Board of Appeals (Board), consisting of five members and two alternates, who
are qualified by experience and training to pass on matters pertaining to building
construction and who are not employees of the City. The members and alternates shall
be appointed by the City Council and may be removed for due cause. The alternate
members shall serve in the absence of a regular member. The members shall serve for a
period of two years; or, until their successors are duly appointed. The Board shall elect a
chairman from among its members to preside at meetings. The Board may adopt rules to
govern meetings and establish procedures associated with the appeal process. Meetings
of the Board are held at the call of the chairman and at other times as may be determined
Ordinance No. 2592
Page 1 of 14
.
by the Board. The Building Official and/or Fire Marshall shall be an ex-officio member of
and shall act as secretaries to the Board but shall have no vote on any matter before the
Board.
1. Limitations of Authority. The Board of appeals shall have no authority
relative to interpretation of the administrative provisions of the building code
nor shall the Board be empowered to waive requirements of the building
code.
.
2. Appeal Procedures. The appeal shall be filed with the Building Official
and/or Fire Marshall in writing within 15 days from the date of the decision
or order appealed from. Such appeal shall refer to the specific decision or
order appealed from and shall clearly state the appellant's grounds for
appeal. Such appeals shall be placed on the agenda of the Board for
hearing. The secretary shall notify all necessary parties of the date, time and
location of the hearing. Parties may appear before the Board in person, by
agents, or by attorney. The Board may require such additional data, tests or
expert professionals that it deems necessary for adequate decision of the
appeal. The appellant shall be required to pay a non-refundable fee in the
amount listed in the fee ordinance per appeal at the time that the appeal
application is submitted to the Building Official. The Building Official shall
transmit to the Board all records and data in their possession that are
relevant to the appeal. All orders or decisions made pursuant to this Code
which are appealed from shall be stayed pending the final decision of the
Board. However, if the Building Official certifies to the Board that by staying
such order or decision, a hazardous situation to life or property would exist,
then such order or decision shall remain in full effect pending the final
decision of the Board. The Building Official shall enforce and execute all
decisions and orders of the Board.
SECTION 5. Certificate of Occupancy. No building or structure within the City
shall be used, subjected to change in use or character of use, occupied or reoccupied
unless a Certificate of Occupancy has been issued by the Building Official. In the event
that any building or structure is leased or subleased in separate lease-units, each lease-
unit must have a Certificate of Occupancy issued to such separate lease-unit.
Any person, firm or corporation who violates any portion of this section by using,
changing the use or character of use, occupying or reoccupying a building or structure
without a Certificate of Occupancy shall be guilty of a misdemeanor and fined in
accordance with the provisions of this code. The tenant, property manager and the owner
shall be deemed severally and jointly guilty of violation.
.
In order to further compel compliance with this ordinance, the Building Official may
order that no utility services be provided to the building, or portion thereof, which is used,
subjected to change in use or character of use, occupied or reoccupied without a
Certificate of Occupancy. In the event that a leased portion of any building is in violation
Ordinance No. 2592
Page 2 of 14
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.
.
of this code the city utility provided to the entire building may be discontinued upon order
of the Building Official until the violation is abated. However, in the event that the portion
of the leased portion of the building which is in violation of the code is separately metered
for utility, then the Building Official's order to stop city utilities shall apply only to that utility
provided to the portion of the building in violation of this ordinance. The utility provider
shall give full force and effect to the order of the Building Official.
SECTION 6. Contractor Registration. As a prerequisite to obtaining permits as
required by the building code, any person or firm operating under the provisions of this
code within the City of North Richland Hills shall be registered as a contractor and pay an
annual fee of $75.00 which shall be valid for one year from the date of issuance.
Contractors exempt from payment of fees as provided by State Law shall be required to
register.
Each contractor shall maintain this registration with the City until the completion of
work being performed under such permit. Each contractor shall furnish the Building Official
with a written notice of contractor's permanent business and residential address, telephone
numbers and drivers license number.
The term "CONTRACTOR" shall be defined as any person or firm performing work
for which a permit is required.
EXCEPTION: Homeowners performing work on their own place of residence or
homestead in accordance with state statutes and local regulations shall be
exempt from contractor registration fees.
The registration may be renewed for the ensuing year by the filing of a new
registration and the payment of a renewal fee as set forth herein. No refund will be paid
in the event of the revocation or surrender of any such certificate of license.
A registration may be revoked for violating any part of this code or violation of other
city ordinances or for any other acts deemed a detriment to the city or citizens. Contractors
who feel aggrieved by this action shall have the right to appeal to the Board of Appeals.
SECTION 7. Additional requirements for contractors performing certain work
in right of ways. Permits are required for the construction, repair or replacement of drive
way approaches, sidewalks or curbs and gutters within city right of way. The construction,
repair or replacement of drive way approaches, sidewalks or curbs and gutters shall
conform to the specifications contained in the Public Works Design Manual. Contractors
performing new construction work or repair or replacement of drive way approaches,
sidewalks or curbs and gutters shall be required to maintain a performance bond in the
amount of $2,000.00 payable to the City of North Richland Hills, Texas, with a good and
sufficient corporate surety thereon, authorized to do business in the State of Texas. The
performance bond shall be conditioned as so listed in attachment "A."
EXCEPTION:
1. Homeowners who reside at his property as his homestead who performs the
Ordinance No. 2592
Page 3 of 14
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.
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work himself,
2. Contractors performing such work for the City under contract requiring a
separate performance bond, and
3. Contractors performing such work for Public Utility Companies,
SECTION 7. Moved Buildings and Temporary Buildings. No building or part of
any building shall be moved through or across any sidewalk, street, alley or highway within
the city unless a permit has been obtained from the Building Official in accordance with this
ordinance. The permit fee is non-refundable and shall only be valid for a 24-hour period.
Any bonded house mover desiring a house moving permit shall file a written
application with the Building Official, not less than 15 days prior to the proposed date of the
moving of the structure, supplying the following information:
1. The type and kind of building to be moved.
2. Describe the new location by lot, block, subdivision and street address.
3. The present location of the structure.
4. The date and time such building will be upon the streets.
5. The proposed route from present to new location.
6. The written consent of the local utility companies which may be affected by such
activity.
7. Prior approval from the North Richland Hills Police Department.
8. Such other pertinent information as the Building Official may deem necessary.
If, in the opinion of the Building Official, the moving of any building or structure will
cause serious injury to persons or property, or will cause serious injury to the streets or
other public improvements, or the building to be moved has deteriorated more than 50%
of its original value by fire or other elements, or the moving of the building will violate any
requirement of the Building Code or of the Zoning Ordinance of the City, the permit may
not be issued and the building may not be moved over the streets.
No building or structure shall be moved into or within the city limits of the City of
North Richland Hills unless a building permit has been obtained from the Building Official.
Every building or structure moved into or within the city limits of North Richland Hills shall
comply with the requirements in the building code for new buildings or structures.
No application to move a structure into, out of, or within the city limits shall be
approved unless the applicant has provided proof of insurance in the amount of $500,000
combined single limits.
SECTION 8. Permanent and Temporary Addresses. Permanent and temporary
addresses for buildings and structures shall be provided by the property owner, tenant or
management company in accordance with the following:
1. Any location requiring a building permit shall have posted an address sign in a
conspicuous place on the premises either by permanent or temporary means in
Ordinance No. 2592
Page 4 of 14
.
accordance with this ordinance. If temporary, the address sign shall be
maintained by the permit holder or his agent during construction.
2. Temporary address numbers for residential properties shall be not less than 3
inches (76.2 mm) in height and with a contrasting color to their background shall
be posted on the property so the numbers may be read from the street at all
times.
.
3. Temporary address numbers for commercial properties shall be not less than 6
inches (152.4 mm) in height and with a contrasting color to their background
shall be posted on the property so the numbers may be read from the street at
all times.
4. Permanent address numbers for residential properties shall be not less than 3
inches (76.2 mm) in height and with a contrasting color to their background shall
be posted on the front and rear, if an alley is present, of all residential structures
prior to receiving a final inspection.
5. Permanent address numbers for commercial buildings shall be not less than 6
inches (152.4 mm) in height and with a contrasting color to their background
shall be posted on the front of all commercial buildings prior to receiving a
Certificate of Occupancy.
6. Permanent address numbers for commercial lease spaces shall be not less than
3 inches (76.2 mm) in height and with a contrasting color to their background.
The address numbers shall be posted on the front door and rear door, if
accessible by vehicle, on the electric meter base, the gas meter and on each
roof top air conditioning unit of all commercial suites or lease spaces prior to
receiving a Certificate of Occupancy.
7. Permanent address numbers for multifamily projects shall be as following:
a. The complex shall be addressed as XXXX STREET NAME. Each apartment
building shall be numbered 1 through XX as indicated on the site plan. Each
floor will be numbered 1 through X. Each apartment unit will be numbered
1 through X. The last number indicates the apartment number. The second
to the last number indicates the floor. The first, or first two numbers, will
indicate the building number. Apartment number 121 indicates building 1,
floor 2, apartment 1. Apartment number 1016 indicates building 10, floor 1,
apartment number 6.
b. A placard shall be mounted on the face of the building so that it will be
visible from the fire department access road. The placard shall have the
building number indicated by "BLDG #X" in letters no less than 1 0 inches
(254 mm) in height. Below that shall be listed the apartment units that are
included in the building by u#111 to #126" in letters no less than 6 inches
(152.4 mm) in height. The numbers shall be at least 1 inch ( 25.4 mm) in
width and shall be contrasting in color with their background.
.
SECTION 9. Minimum foundation requirements for the construction of
foundations. The design of slab on grade foundations supporting shall be designed by
a professional engineer licensed to practice in the State of Texas. Foundation design shall
Ordinance No. 2592
Page 5 of 14
·
take into account soil conditions, In lieu of an engineered design, the following minimum
requirements may be utilized:
·
1. Foundation Beam and Slab Requirements supporting not more than two floors:
a. Exterior foundation beam requirements for single story structures shall be as
follows:
The minimum beam depth shall be 20 inches (508 mm). The minimum
beam width shall be 12 inches (304.8 mm), The beam shall extend into
undisturbed soil a minimum of 12 inches (304.8).
b. Exterior foundation beam requirements for two story structures shall be as
follows:
The minimum beam depth shall be 24 inches (609.6 mm). The minimum
beam width shall be 12 inches (304.8 mm). The beam shall extend into
undisturbed soil a minimum of 12 inches (304.8 mm).
c. Interior foundation beam requirements shall be as follows:
The minimum beam depth shall be 16 inches (406.4 mm). The minimum
beam width shall be 12 inches (304.8 mm). The maximum beam separation
in any direction shall not exceed 14 feet (4,267.2 mm). Dead end beams are
prohibited.
d. The minimum concrete slab thickness shall be 5 inches (127 mm) of concrete.
2. Foundation reinforcement requirements:
a. In every exterior and interior foundation beam, there shall be 4 bars of #5
sized deformed reinforcement. The reinforcement shall be placed so that 2
bars are located in the upper portions of the beam and so that 2 bars are
located in the bottom portion of the beam. Reinforcement shall run parallel
to the beam direction. Interior and exterior beam reinforcement shall be
supported and tied at least at 4 feet (1,219.2 mm) intervals using stirrups of
the same size or other acceptable methods.
b. In the concrete slab, there shall be a minimum of #3 sized deformed
reinforcement placed at 12 inches (304.8 mm) on center each way.
Concrete slab reinforcement shall be supported on chairs to provide a
minimum of 2 inches (50.8 mm) of concrete coverage.
c. All steel shall overlap at least 40 diameters.
3. Miscellaneous requirements.
a. Slab on grade foundations may not be placed on fill material unless fill is
compacted to 95% of standard proctor dry density and verified with lab
reports submitted to the Building Official.
b. All concrete shall have a minimum compressive strength of 3,000 p.s.i. in 28
days. Select cushion sand shall be a minimum of 2 inches (x mm) thick
placed below the slab.
c. Admixtures shall not contain any chemicals in sufficient quantity that may
have a harmful affect on the reinforcement steel or the concrete. Chlorides,
sulfites and nitrates shall not be used.
d. Piers shall be used when fill does not satisfy compaction requirements.
Placement, size, depth and any required reinforcement shall be determined
by a professional engineer licensed to practice in the State of Texas.
·
Ordinance No. 2592
Page 6 of 14
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·
·
e. All foundation reinforcing steel shall not extend closer than 1,5 inches (38.1
mm) of exterior form Boards or adjacent earth.
f. Wood plates or sills shall be anchored to the bolted to the foundation or
foundation wall. Steel bolts with a minimum nominal diameter of % inch
(12.7mm) shall be used. Bolts shall be embedded at least 7 inches (178
mm) into the concrete and shall be spaced not more than 6 feet (1829 mm)
apart. There shall be a minimum of two bolts per piece with one bolt located
not more than 12 inches (305 mm) or less than seven bolt diameters from
each end of the piece. A properly sized nut and washer shall be tightened
on each bolt to the plate.
SECTION 10. Minimum permit and design requirements for the repair of
foundations. All repairs of foundations shall require a permit. The design for all repairs
of foundations shall be provided by a registered professional engineer.
EXCEPTION: The requirements of this section are not applicable when the
valuation of the repairs is less than $3,000.00.
SECTION 11. Site grading, excavation and fill supervised by building permits.
Grading, excavation and fill regulations for development of sites supervised by building
permits shall be as follows:
1. Excavations or fills of a building site shall grade permanent slopes no steeper
than 3 feet (914.4 mm) horizontal to 1 foot (304.8) vertical.
2. Exception to paragraph number one above may be permitted by the Building
Official upon review and approval of slope and erosion control design based on
site-specific soil investigation.
3. Retaining walls may be constructed to correct excessive slopes. All retaining
walls in excess of 4 feet (1,219.2 mm) in height as measured from the base of
the footing to the top of the wall must be designed by a professional engineer
licensed to practice in the State of Texas. For the purpose of this section, the
height of multiple retaining walls is cumulative if the top of the higher wall is
intersected by a line drawn 45 degrees from the horizontal from the bottom of
the lower wall to the top of the higher wall.
4. Retaining walls less than 4 feet (1,219.2 mm) in height shall be designed by a
professional engineer licensed to practice in the State of Texas if the wall is
supporting loads imposed by other than the soil retained by the wall.
5. Site grading shall be done in conformance with approved subdivision grading
plans. Where such grading plans do not exist, the permit applicant must submit
grading plans for review and approval in accordance to Section 15 of this
ordinance. Lot drainage may not cross more than one adjacent lot before the
water is discharged to the street or a designated drainage easement.
SECTION 12. Site grading, excavation and fill not supervised by building
permits. Unless otherwise supervised by a building permit, no person shall increase or
decrease the elevation of a lot, tract, or parcel of land by 6 inches (152.4 mm), or more,
Ordinance No. 2592
Page 7 of 14
.
from the original elevation, on an area of 1,000 square feet (304,800 mm), or more, unless
a Grading and Excavation Permit has been obtained from the Building Official. For the
purpose of this section, the original elevation shall be considered the elevation that existed
five years prior to the application date of the Grading and Excavation Permit. A Grading
and Excavation Permit shall comply with the following:
1. When the area proposed to be graded, excavated or filled is located within the
limits of the 100 year flood area, approval of a separate Development Permit
issued by the Flood Plain Administrator shall be required as a prerequisite to the
approval of the Grading and Excavation Permit.
2. The Grading and Excavation Permit shall indicate whether the soil will or will not
be compacted according to the requirements of the building code and, when
compacted, the applicant shall provide the Building Official with compaction
reports.
3. When the area proposed to be cut or filled is a building site for a permanent
structure or parking area, the compaction requirements contained in the building
code shall be required as a condition to the approval of the Grading and
Excavation Permit.
4. Erosion control shall be provided by one of the following means:
a. Continuous block sod,
b. Siltation screening, or
c. A silt collection pond when approved by the Building Official.
5. The method of erosion control shall be indicated on the Grading and Excavation
Permit application. Erosion control shall be maintained until vegetative cover is
re-established. The property owner shall remove the erosion control materials
upon the City's request.
.
SECTION 13. Control of Construction Debris. The general contractor listed on
each building permit shall be responsible for the erection and maintenance of trash and
debris containers. Each general and subcontractor performing work on the job site shall
be jointly and severally responsible for control of construction debris. The construction
debris shall be collected and contained as outlined in this section.
.
1. Every general contractor named on each building permit shall provide an
enclosed container for the collection of construction trash and debris. Such
container shall not be less than 256 cubic feet (7.24 cubic meters) in size (8ft
wide [2,438.4 mm] X 8ft long [2,438.4 mm] X 4ft tall [1,219.2 mm]).
2. It shall be the responsibility of the general contractor and any subcontractor
performing work on the job site to retrieve any and all debris and trash created
by the activities described in the building permit. No trash, debris or other
refuse shall be permitted to be blown, dropped, floated, dumped or carried onto
any adjacent property or into the city right-of-way. All such trash and debris that
is capable of being carried onto adjacent property and/or into the city right-of-
way shall be continually monitored and placed into the required container.
3. The general contractor and subcontractors shall be responsible for the removal
of any dirt or mud which has been deposited onto a city street as a result of
Ordinance No. 2592
Page 8 of 14
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.
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construction activities described in the building permit.
4. Required containers shall be emptied at intervals sufficient to prevent trash and
debris from overflowing,
5. Failure to comply with this section shall result in the ability to obtain required
inspections and/or in a "stop work" issued by the Building Official until such time
that the contractor has complied the requirements of this section.
SECTION 14. Temporary Occupancy of Streets. Any person or persons, firm
or corporation desiring to temporarily occupy any portion of any public street, alley or
sidewalk within the City for the purpose of placing material or rubbish for or from
building operations for any purpose whatsoever connected with the erection, removal,
alteration or repair of any building or other structure, shall first apply to the Building
Official for permission for such temporary occupancy. The application shall state that
the principal of the property will discharge all claims of every character arising from or
occasioned by such temporary occupancy of such street, alley or sidewalk, or the
construction or repair of such building and will discharge all judgments obtained,
together with all costs attached thereto against the City, by reason of any such claim,
injury or damage sustained, Every person or persons, firm or corporation carrying on
any such building operation shall keep all streets, alleys and sidewalks adjacent to such
building operations carried on by them in a clean and orderly condition, and
unobstructed, except as provided by the temporary occupancy. At the expiration of the
time stipulated in the temporary occupancy the principal of the property shall restore all
such streets, alleys and sidewalks to as good condition as they were before the
beginning of such operation.
SECTION 15. Finished Floor Elevation, Lot Drainage and Flood Protection
1. Prior to the issuance of a building permit for the construction of a new structure
or for the addition to an existing structure, a final grading plan (as defined in the
Public Works Design Manual) shall be submitted for review and approval. The
final grading plan shall consist minimally of the following:
a. A topographical map with sufficient perimeter area to provide a clear
definition of the initial elevations, watercourses and drainage patterns,
b. 1 foot (304.8 mm) contours, spot elevations (expressed in real datum) and
flow arrows, and
c. Limits and depths of excavation or fill.
2. Lot grading plans shall be designed with the following criteria:
a. The finished floor elevation shall be set a minimum of 15 inches (381 mm)
above the top of the curb at the centerline of the lot on an adjacent street
frontage.
b. The grade away from a foundation on all sides shall be a minimum of 6
inches (152.4 mm) within the first 10 feet (304.8 mm) or to the property line,
whichever comes first.
c. There shall not be less than 6 inches (152.4 mm) of exposed foundation
above the finished lot grade.
d. No grade shall exceed a maximum 3 horizontal to 1 vertical (3:1) (33.3%)
grade. Correction of grade may be accomplished through the use of retaining
walls.
Ordinance No. 2592
Page 9 of 14
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e. Any swales created through the application of this criterion shall have a
minimum grade of 1 %.
f. Structures located on lots within the One Hundred Year Flood Plain shall
provide a finished floor elevation of not less than 1.5 feet (457.2 mm) above
the 100 base flood elevation. For structures located within the One Hundred
Year Flood Plain, a FEMA Finished Floor Certificate shall be provided to the
Building Official prior to the issuance of a Certificate of Occupancy.
3. A final grading plan sealed by a registered professional engineer licensed to
practice in the State of Texas that shows the building footprint of the proposed
structure may be submitted by the applicant in lieu of the criteria contained in
this Section. The final grading plan shall require the approval of the Building
Official and the director of public works.
4. Final grading plans that have been reviewed and approved as an element of
multi-lot subdivision shall be considered to meet the requirements of this section.
5. Residential lot grading shall be designed so surface water runoff will not cross
more than one adjacent lot before the water is discharged to the street or a
designated drainage easement.
6. Nonresidential lot grading shall be designed so that surface water runoff will be
carried to streets or drainage easements. No surface water may drain onto an
adjacent property without the approval of the Public Works Director.
7. A drainage study, as defined in the Public Works Design Manual, may be
required if off-site of on-site storm water drainage facilities or drainage
easements are required as a result of proposed development. The Public
Works Director will make the final determination of the necessity of a drainage
study.
.
SECTION 16. Sanitation Requirements. The general contractor for each building
permit for new buildings or additions to existing buildings is required to provide temporary
restroom facilities for use by construction workers.
EXCEPTION: The requirements of this section shall not apply:
1. When restroom facilities in the existing building are available to construction
workers, and
2. When restroom facilities are available within 150 feet (45,720 mm) of the lot on
which the permit authorizes work.
SECTION 17. Warning, Stop Work, Fines. The Building Official is authorized to
develop and publish policies and procedures to assist in the enforcement and abatement
of certain construction activities that create on going situations requiring additional and
repeated efforts to enforce. The policies and procedures must provide for a tiered level of
enforcement and abatement that provides for a warning notice, a stop work notice and a
may provide for a fine or reinspection fee.
.
SECTION 18. Hours of outdoor construction activities. Any outdoor
construction activities shall be prohibited as follows:
Ordinance No. 2592
Page 10 of 14
.
.
.
1. Between the hours of 7 a.m. and 7 p.m. Central Standard Time and between
the hours of 6 a.m. and 8 p.m. Daylight Savings Time,
2. Sundays, and
3. The following designated holidays:
a. New Years Day,
b. Memorial Day,
c. July Fourth,
d. Labor Day,
e. Thanksgiving, and
f. Christmas.
EXCEPTION: 1) Permits issued to homeowners that work under the supervision
of a "homeowners permit."
4. The prohibition of outdoor construction activities may be appealed to the Building
Official. Appeals to the Building Official shall be in writing and must state the
specific dates and times of proposed outdoor construction activities and provide
a basis for the request. The Building Official shall reply in writing within three
days of receipt of the appeal. The decision of the Building Official may be
appealed to the City Council. The City Council may grant specific permission
to the prohibition after a public hearing before the City Council and evidence that
the request for outdoor construction activities warrants exception.
SECTION 19. Sampling ports. When required by the Director of Public Works,
a sampling port built in accordance with the Public Works Design Manual shall be
constructed to permit the sampling and testing of effluent discharges from a building. The
sampling port shall be located in a place that is approved by the Public Works Director.
EXCEPTION: When deemed adequate by the Public Works Director, a manhole
provided at the connection of the building sewer to the city main may serve as the
required sampling port.
SECTION 20. Access to construction sites. Where inspectors must enter
buildings under construction in order to perform inspections as required by the building
code, the permit holder is required to provide reasonable access to the building interior
during periods of inclement weather. Reasonable access shall include, but not necessarily
be limited to, temporary walkways of concrete, rock, stone or board and permanent
sidewalks.
SECTION 21. Paving standards for parking and maneuvering areas. Parking
lots and maneuvering areas, not including fire lanes, of all developments shall comply with
the following minimum paving standards:
1. Concrete paving standards:
a. Residential: 3.5 inches (114.3 mm) of 3000 psi concrete (28-day
compressive strength). Reinforced shall consist of #3 rebar placed on 24
Ordinance No. 2592
Page 11 of 14
.
inch (609.6 mm) centers each way,
b. Commercial: 4.5 inches (114.3 mm) of 3000 psi concrete (28-day
compressive strength). Reinforced shall consist of #3 rebar placed on 24
inch (609.6 mm) centers each way. Subgrade shall be required.
c. The subgrade shall be:
(1) Stabilized with 6 inch (152.4 mm ) lime. The subgrade shall be stabilized
with hydrated lime in sufficient amount to reduce the plasticity index below
15. If no laboratory control is used, the amount of lime shall be equal to
7.5 percent by unit dry weight of soil estimated at 75 pounds per cubic
feet, or 32 pounds of lime per square yard of surface area treated to a 6
inch (152.4 mm) thickness, or
(2) Scarified and compacted to at least 95% Standard Proctor density.
d, Construction/expansion joints shall be spaced at a maximum of 15.5 feet
(4,724.4 mm) on centers each way. Construction/expansion joints may be
dummy or sawed joints to a depth of at least 1 inch (25.4 mm) deep. To
insure proper runoff in order to prevent ponding, the pavement surface
should have a minimum slope of 1% (12 inches [304.8 mm] per 100 feet
[30,480 mm]). Concrete shall be placed and finished in accordance with the
approved grading plan.
2. Asphalt paving standards:
a. 3 inches (76.2 mm) of Type "D" H.M.A.C. (hot mix asphalt concrete).
b. The subgrade shall be:
(1) Stabilized with 6 inch (152.4 mm) lime. The subgrade shall be stabilized
with hydrated lime in sufficient amount to reduce the plasticity index
below 15. If no laboratory control is used, the amount of lime shall be
equal to 7.5 percent by unit dry weight of soil estimated at 75 pounds per
cubic feet, or 32 pounds of lime per square yard of surface area treated
to a 6 inch (152.4 mm) thickness, or
(2) Scarified and compacted to at least 95% Standard Proctor density.
(3) To insure proper runoff in order to prevent ponding, the pavement
surface should have a minimum slope of 1 % (12 inches [304.8 mm] per
100 feet[30,480 mm]). Concrete shall be placed and finished in
accordance with the approved grading plan.
3. As an alternate to paragraphs 1 & 2 listed above, the permit applicant may
submit a design that will be equivalent in performance of the specifications
above. The equivalent design must take in to account the soil conditions of the
site to be developed. The alternate design shall be prepared by professional
engineer licensed to practice in the State of Texas.
.
SECTION 23. That all previous building standard ordinances are hereby repealed.
.
SECTION 24. That should any word, sentence, paragraph, subdivision, clause,
phrase or section of this Ordinance or of the Code of Ordinances, as amended hereby, be
adjudged or held to be void or unconstitutional, the same shall not affect the validity of the
remaining portions of said Ordinance or the Code of Ordinances, which shall remain in full
Ordinance No. 2592
Page 12 of 14
· force and effect.
SECTION 25. That any person, firm or corporation violating any of the provisions
of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed
guilty of a misdemeanor and, upon conviction in the municipal court of the City of North
Richland Hills, Texas, shall be subject to a fine not to exceed the sum of $200.00 for each
offense, and each and every day said violation is continued shall constitute a separate
offense.
SECTION 26. This ordinance shall take effect immediately after its passage as the
law and charter in such cases provides.
DULY PASSED by the City Council of North Richland Hills, Texas, on the
day of December, 2001.
APPROVED:
·
MAYOR
ATTEST
CITY SECRETARY
APPROVED AS TO FORM:
·
CITY ATTORNEY
Ordinance No. 2592
Page 13 of 14
·
·
·
DEPARTMENT HEAD
,
. .
. CITY OF
NORTH RICHLAND HILLS
· Department: Planning & Inspections Department
Council Meeting Date: 12/17/01
Subject: Consider Adoption of 2002 Fee Schedule
Ordinance #2593
Agenda Number:GN 2001-121
CASE SUMMARY:
At present NRH is under the 1991 Uniform Building, Plumbing, Mechanical Codes and the
1996 National Electrical Code. The surrounding areas are currently moving to the 2000
International Codes and the 1999 National Electrical Code. In July 2001, Council approved
a Technical Code Review Committee consisting of 7 members to review these new
building codes as appropriate to the City of NRH.
2002 Fee Schedule
As part of the overall code update the city staff also reviewed building permit fees. The
Technical Code Committee was presented with a sampling of area city fees. It was found
that NRH is approximately 12% lower than the cities of Hurst, Euless, Bedford, and Keller.
The committee was not inclined to raise our fees to match other cities but, instead,
recommended a 5% maximum cap on development fees. The fees may be re-evaluated
yearly.
· Recommendation:
The Technical Code Review Committee has met over the past several months and the
Committee has made a final recommendation at the November 15, 2001. The Committee
voted 4-0 to recommend adoption of the 2002 Fee Schedule Ordinance #2593.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
· ~~~
Account Number
Sufficient Funds AvaIlable
Finance Director
Department Head Signature
A?c~
City Manager Signature
GN 2001-
Page 1
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·
MINUTES OF THE REGULAR MEETING OF THE
TECHNICAL CODE REVIEW BOARD OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
NOVEMBER 15, 2001
1.
CALL TO ORDER
The meeting was called to order at 6:30 p.m.
2.
ROLL CALL
PRESENT Chairman
Mark Alexander
Joe Crane
Lloyd Robinson
Lynn Motheral
ABSENT
Gary Rademacher
Bill Manning
Jim Lackey
·
CITY STAFF
Director of Development
Acting Building Official
Recording Secretary
John Pitstick
Penny Peterson
Micah Johnson
DISCUSSION OF THE ADOPTION OF THE 2000 INTERNATIONAL RESIDENTIAL
CODE, THE 1999 NATIONAL ELECTRICAL CODE, THE 2002 FEE SCHEDULE, 2002
NRH SUPPLEMENTAL DEVELOPMENT CODE TO THE ADOPTED BUILDING
CODES.
The City of North Rich/and Hills, working in the direction of change has been reviewing
changes to be made to City Ordinances concerning the International Residential Code,
the National Electrical Code and the present Fee Schedule. Over that past several
months, a committee has been formed of contractors in the city to come together and
decide what would be the best steps for the city to move forward with the future.
The last meeting on November 8,2001, ended with talks of the plumbing code. Mr.
Lloyd Robinson, Robinson Plumbing, was not present at that meeting in order to share
his expertise on the subject. Tonight's meeting continued with that discussion of the
recommended COG amendments to the International Residential Code regarding
· plumbing.
Page 1 11/15/01
Technical Review Committee
.
.
.
Some of the areas where plumbing were a concern was sections G2411.5 regarding
CSST being tagged and G2443.2 regarding un-vented space heaters and the required
sensors. Mr. Robinson brought up Section P2803.6.1 which covers requirements for
discharge, suggesting that the ordinance be changed to reflect only copper tubing being
allowed with a minimum grade of M on all hot water heater discharge valves.
After the discussion of the plumbing recommendations, talks turned to the Fee
Schedule. Before the meeting Mark Alexander met with Mr, John Pitstick, Director of
Development to discuss what would be acceptable in regards to the increase of the fee
schedule. Mr. Alexander took a few minutes at the beginning of discussion to enlighten
the committee that the City would like to see an increase of at least 3% across the
board. Mr. Pitstick shared with the entire committee a study that was done on different
properties in the City of North Richland Hills and the comparison with several of the
surrounding City's. The City of North Richland Hills is behind when it comes to pricing
increase and would like direction from the committee in moving forward with a
recommendation of an increase and what the committee feels is acceptable.
Among the concerns of this discussion is how far the cap should be carried and how
this decision would effect the City of North Richland Hills in the future. Mr. Lynn
Motheral objected to an increase based only on that the City is behind other city fees.
He requested justification. Penny Peterson explained that the City would be moving
toward more service oriented projects such as a Housing code for Apartments,
Homeowner clean up, redevelopment of the lost areas of the City. These types of
projects usually do not produce income to the City and the increase would help the City
to fund these types of projects. Mr. Lynn Motheral feels a minimum of 3% with a
maximum of a 5% increase cap would be sufficient to cover all areas of the economic
growth and re-growth of the city. The other committee members agreed.
The remainder of the meeting covered the electrical code and any amendments to the
ordinance that would be needed before the recommendation would be presented to the
City Council. It was recommended by Mr. Joe Crane, Crane Electric, that Section
210.12 of the Electrical Code regarding Arc Fault Circuits Interrupters Protectors be
tabled at this time and forwarded for discussion upon the next review of the Electrical
Code. Mr. Crane also recommended that the ordinance be changed to only allow
copper conductors. Another recommendation made by Mr. Crane was the deletion of
Section 250-104 (B), which covers metal gas pipe bonding.
Upon completion of the discussion, Mr. Alexander asked that a vote be taken for
adoption of the recommended code changes with noted and COG amendments for the
2000 International Residential Code, the 1999 National Electrical Code, a minimum 3%,
maximum 5% yearly cap on the Fee Schedule, the Supplemental Ordinance to the
Building Codes. The voted carried unanimously (4-0).
The meeting ended with discussion of the recommendation from the Technical Code
Review Committee being taken forward to the City Council of North Richland Hills on
December 10, 2001.
Page 2 11/15/01
Technical Review Committee
·
·
·
ADJOURNMENT
The meeting was adjourned at 8:30 p.m.
Chairman
--
Page 311/15/01
Technical Review Committee
·
,
, ,.j
n'
.,
·
·
ORDINANCE NO. 2593
AN ORDINANCE OF THE CITY OF NORTH RICH LAND HILLS, TEXAS;
PROVIDING FOR A DEVELOPMENT FEE STRUCTURE; PROVIDING FOR BUILDING
PERMIT FEES; PROVIDING FOR ELECTRICAL PERMIT FEES; PROVIDING FOR
MECHANICAL PERMIT FEES; PROVIDING FOR PLUMBING PERMIT FEES;
PROVIDING FOR FIRE DEPARTMENT RELATED PERMIT FEES; PROVIDING FOR
PLATTING AND ZONING FEES; PROVIDING FOR PUBLIC WORKS DEVELOPMENT
FEES; AMENDING ORDINANCE #2451 BY DELETING EXISTING FEES AND/OR FEE
TABLES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION 1. Development fees required
For each permit and or application required by the development codes of the City of North
Richland Hills involving the platting, zoning, construction of public infrastructure and/or the
construction of private improvements, the applicant shall pay any and all application fees,
permit fees, investigation fees, inspection fees and plan review fees as indicated in the fee
schedules in Table 1 through Table 7,
Building Permit Fees:
1. All classes of construction (new, addition, remodel, alteration, etc.) shall pay a building
permit fee that is assessed based on the valuation of the project. The fee shall be
based on "Table 1 - Building Permit Fees." The building valuation may be established
using the most recent "Building Valuation Data" as published in the Building Standards
Magazine as published by the International Conference of Building Officials or may be
established as submitted by the permit applicant. The valuation of construction shall
include the fair market value of the work described on the application and shall include
architectural, structural, electrical, plumbing and mechanical work. Except as
specifically referenced in "Table 2 - Miscellaneous Permit Fees," the building permit fee
shall be based on valuation.
2. All associated trade permits shall be assessed based on the associated fee table.
3. All commercial and multi-family building permits on which the permit fee is based on
valuation shall be assessed a plan review fee, The plan review fee shall be sixty-five
(65) percent of the building permit fee unlêss otherwise specifically stated.
4. Permit fees for work commenced without a permit may be do'ubled.
5. Reinspection fees may be assessed for inspections requested when work is not ready,
when the work is not accessible for inspection, when previously identified code
violations are not corrected, when repeated violations are made by the same contractor
on repeated jobs and/or as may deemed appropriate by the building official. The first
Ordinance No. 2593
Page 1 of 14
·
·
·
, .
reinspection fee shall be assessed at $30.00. The second reinspection fee for items not
corrected from the first reinspection fee shall be assessed at $60.00. the third and
each subsequent reinspection fee for items not corrected from previous reinspection
fees shall be assessed at $100,00.
TABLE 1 - BUILDING PERMIT FEES
Total Valuation Fee
$1.00 to $500.00 $n.GG $25.00
$501.00 to $2,000.00 $22.00 25.00 for the first $500,00 plus
$~ 2.89 for each additional $100.00,
or fraction thereof, to and including
$2,000,00
$2,001.00 to $25,000.00 $63.0066.15 for the first $2,000,00
plus $~ 13.13 for each additional
$1,000.00 or fraction thereof, to and
includinq $25,000,00
$25,001.00 to $50,000.00 $352.00 369.60 for the first $25,000.00
plus $9-:-00 9.45 for each additional
$1,000.00, or fraction thereof, to and
includina $50,000.00
$50,001.00 to $100,000.00 $580.00 609.00 for the first $50,000.00
plus $~ 6.56 for each additional
$1,000.00, or fraction thereof, to and
includinq $100,000.00
$100,001.00 to $500,000.00 $895.00939.75 for the first
$100,000.00 plus $~ 5.25 for each
additional $1,000.00, or fraction thereof
$500,001.00 to $1,000,000.00 $2,855.002997.75 for the first
$500,000.00 plus $~ 4.46 for each
additional $1,000.00, or fraction
thereof, to and includinq $1,000.00
$1,000,001.00 and up $-1,955.00 5202.75 for the first
$1,000,000.00 plus $~ 2.89 for each
additional $1,000,000.00, or fraction
thereof
Ordinance No. 2593
Page 2 of 14
.
.
.
2.
3.
4.
5.
6.
7.
8.
9,
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
TABLE 2, MISCELLANEOUS BUILDING PERMIT FEES
Item
1.
Certificate of Occupancy Application Fee
a. Change of Business Owner/Business Name
b. Change of Occupant/New Tenant
c. New Building, Addition, Tenant Finish Out
Residential temporary accessory building (less than 200 sq. ft)
Residential permanent accessory building
Fences (wood, chain link, vinyl (per lot or tract)
Fences (masonry-per lot or tract)
Fences (wrought iron-per lot or tract)
Fences (masonry screening wall)
Fences (subdivision walls)
Swimming pool, in ground
Swimming pool, above ground
Portable (self-contained) spa/hot tub
Retaining walls (more than 4 feet in height)
Satellite dish (more than 36 inches in diameter)
Carports
Deck/patio, without cover
Deck/patio, with cover
Demolition (per building)
Tent (30 day permit)
Carnival (approved by City Council)
Residential garage sale
Temporary construction/sales trailer
Grading, Excavation and Fill
Revised Grading Plan (per platted SF lot)
Revised Grading Plan (per acre or tract) 1
Change To Approved Plans (minimum of one hour)
Change Contractor of Record
1For plans not submitted with plat application.
Paving/Concrete (for projects not included with a building permit)
1. Drive approach, new or replacement (ROW-per approach)
2. Driveway, new or replacement (residential-private property)
3. Sidewalk, new or replacement (within ROW)
4. Commercial parking lot (adding surface area or change in
grading patterns)
Signs Permit Fees
Ordinance No. 2593
Page 3 of 14
Fee
$ 30.00
$ 50.00
$ 50.00
$ 15.00
valuation
$ 15.00
$ 50.00
$ 50.00
valuation
valuation
$175.00
$100.00
$ 50.00
$ 30.00
$ 15.00
valuation
$ 15.00
valuation
$ 75.00
$ 30.00
$200.00
$ 5.00
$ 50.00
$ 75.00
$100.00
$250.00
$ 50.00/hour
$ 25.00
$25.00
$15.00
$25.00
valuation
.
.
.
BASE + MULTIPLIER OF
MONETARY VALUE
$ W-:-OO 31.50
ðã-,.OO 36.75
~ 42.00
áG-:OO 52.50 + .009
100.00105.00 + .008
200.00210.00 + ,006
700.00735.00 + .004
1.
2.
3.
4.
5.
6.
7.
8.
Permanent, 1 to 50 square feet in area
Permanent, 51 to 100 square feet in area
Permanent, 101 to 200 square feet in area
Permanent, 201 to 300 square feet in area
Permanent, 301 square feet and over (per square foot)
Portable sign
Banner sign
Weekend advertising registration (per year)
Miscellaneous Fees
1. Contractor's Registration
2. Board of Appeals Filing Fee
3. Master Electrician's License (Annual Fee)
4. Master Sign Electrician's License (Annual Fee)
5. Journeyman Electrician's License (Annual Fee)
6. Journeyman Sign Electrician's License (Annual Fee)
7. Residential Wireman Electrician's License (Annual Fee)
8. Maintenance Electrician's License (Annual Fee)
9. Reciprocal Letter
TABLE 3 - MECHANICAL FEES
MONETARY VALUE OF
PROPOSED WORK
$ 0.00-
1,501 -
3,001 -
5,001 -
50,001-
100,001 -
500,001 -
1,500
3,000
5,000
50,000
100,000
500,000
or more
TABLE 4 - PLUMBING FEES
$50.00
$100.00
$200.00
$300,00
$1.00
$50.00
$50.00
$50.00
$ 75.00
$100,00
$ 50.00
$ 50.00
$ 15.00
$ 15.00
$ 15.00
$ 10.00
$ 10.00
1. New Residential/Multi-family/Hotels/Motels - Single family and multi-family
residents, hotels and motels shall be calculated as follows:
$áG-:OO 52.50 for the first water closet, plus $~ 26.25 dollars for each additional
water closet
Ordinance No. 2593
Page 4 of 14
.
.
.
Residential/Multi-family/Hotels/Motels Remodel/Repair - Single family and multi-
family residents, hotels and motels shall be calculated as follows:
$~ 31.50 for each bath or kitchen area per dwelling unit
3. New Eating Establishments - Restaurants, cafeterias, deli's, and similar type
establishments shall be calculated according to the following fee schedule:
2,
Total Gross Square Footage
of BuildinQ or Lease Space
5,000 square foot or less
closet
5,001 square foot or more
closet
Permit
Fee
.07 / sq, ft. plus $~ 31.50 per water
.06 / sq. ft. plus $~ 31.50 per water
4. Remodel Eating Establishments - Restaurants, cafeterias, deli's, and similar type
food establishments shall be calculated according to the following fee schedule:
Total Gross Square Footage
of Buildinq or Lease Space
5,000 square foot or less
closet
5,001 square foot or more
closet
Permit
Fee
.05 / sq. ft. plus $~ 31.50 per water
.04/ sq. ft. plus $~ 31.50 per water
5. Commercial Structures - New, addition, remodel, repair or tenant finish out an
existing retail, commercial or industrial structure shall be calculated according to the
following fee schedule:
Total Gross Square Footage
of Buildinq or Lease Space
5,000 square foot or less
closet
5,001 - 25,000 square foot
closet
25,001 - 50,000 square foot
closet
50,001 square foot or more
closet
Permit
Fee
$.025/ sq. ft. plus $~ 31.50 per water
$.015/ sq, ft. plus $~ 31.50 per water
$.0055/ sq. ft. plus $~ 31.50 per water
$.0035/ sq. ft. plus $ðfhOO 31.50 per water
6. Miscellaneous Plumbing - Miscellaneous plumbing items shall be calculated
according to the following schedule plus a $20.00 permit issuance fee shall be
added to each miscellaneous permit:
Ordinance No. 2593
Page 5 of 14
.
.
.
DESCRIPTION OF WORK
Each plumbing fixture
Each building sewer service
Each septic system
Each private storm sewer system
Each hot water heater
Each swimming pool P-trap
Each construction trailer or mobile home service (water & sewer)
Each propane tank installation
Each water line
Each temporary holding tank
Each gas piping system one to five outlets
Each gas piping system over five outlets, per outlet
Repair or replacement of water piping or treating equipment, each fixture
Repair or replacement of drainage, vent or sewer piping, each fixture
Each water meter
PERMIT FEE
$ 7.00
$15.00
$40.00
$50.00
$ 7.00
$ 7.00
$15.00
$10.00
$ 7.00
$10.00
$10,00
$ 1.50
$ 5,00
$ 5.00
$ 5.00
The following must be issued on separate permits:
Each industrial waste interceptor (grease trap/sand trap)
Each backflow prevention device
TABLE 5 - ELECTRICAL FEES
1. New and additions to single family and multi family residential units:
$20.00
$10.00
$-+á-:GG 15.75 base fee plus $.04 per square feet (air conditioned area)
2. Residential remodeling or repair where the benefit area can be determined:
PERMIT
FEE
$ ~OO 36.75
~OO 26.25 + .04 per sq. ft.
~OO 210.00 + .009 per sq. ft.
DESCRIPTION
OF WORK/AREA
500 SF or less
501 - 5,000 SF
5001 SF or more
3. New, addition, remodeling, repairing, or tenant finish out of a retail, commercial or
industrial structure:
PERMIT
FEE
$ ~oo 36.75
~OO 26.25 + .04 per sq. ft.
DESCRIPTION
OF WORK/AREA
500 SF or less
501 - 5,000 SF
Ordinance No. 2593
Page 6 of 14
.
.
.
5001 - 100,000 SF
100,001 - 500,000 SF
500,001 SF or more
200:-00210.00 + ,009 per sq. ft.
~OO 446.25 + .007 per sq. ft.
1,500.00 1575.00 + .005 per sq. ft.
4. New, addition, remodeling, repairing or shell warehouse or shell structure:
PERMIT
FEE
$ W:-OO 52.50 + 0.008 S.F.
ê(hOO 63.00 + 0,006 S.F.
ß(M)Q 84.00 + 0.004 S.F,
110.00115.50 + 0.003 S.F.
DESCRIPTION
OF WORK/AREA
5,000 SF or less
5,001 to 10,000 S F
10,001 to 20,000 SF
20,001 S.F. and over
5. Electrical work that does not have a definable square foot area or is not covered as a
miscellaneous electrical item:
DESCRIPTION
OF WORK/AREA
PERMIT
FEE
$ 3.50
3.00
Replace, Add or move an outlet or receptacle (each)
Replace, Add or move a branch circuit (each)
(Minimum permit fee $12.50)
6. Miscellaneous electrical items:
DESCRIPTION
OF WORK
Accessory Building
Temporary Power Pole
Mobile Home Connection
Signs
Construction Trailer
30 Day Temporary Service
90 Day Temporary Service
Swimming Pool/Hot Tub
Service Change (up to and including 200 amps)
Service Change (over 200 and including 400 amps)
Service Change (over 400 and including 800 amps)
Service Change (over 800 amps and including 1000 amps)
Service Change (over 1000 amps)
Ordinance No. 2593
Page 7 of 14
PERMIT
FEE
$ 12,50
20.00
20.00
20.00
20.00
15.00
30.00
20.00
15.00
30.00
50.00
75.00
100.00
. TABLE 6 -
FIRE SPRINKLER, FIRE ALARM AND OTHER FIRE RELATED FEES
1. Automatic Fire Sprinkler Systems
a. Underground (Vault & lateral) ea. $75.00
b. New sprinkler systems Valuation
c. Addition, Removal, Relocation
1 to 19 heads $30.00
20 to 59 heads $65.00
60 to 150 heads $125.00
Over 150 heads $175.00
d. Fire pump, ea. $100.00
e. Plan Review Fee for new fire sprinkler systems is 35% of permit fee.
2. Fire Alarm Systems
a. 1 to 10 devices $ 50.00
b. 11 to 25 devices $ 75,00
c. 26 to 100 devices $100.00
d. 101 to 200 devices $200.00
. e. 201 and more devices $300.00
f. Plan review fee for all fire alarm systems is 35% of permit fee
3. Standpipe Systems (per standpipe) $ 75.00
4. Authorized burn permits $200.00
5. Underground flammable/combustible
liquid storage tanks $100.00
6. Above ground combustible liquid
storage tanks $ 75.00
7. Abandonment/removal/testing of underground
combustible/flammable liquid storage tanks (per tank) $ 75.00
8. Fire extinguishing/fire suppression system $ 70.00
9. I nstallation of any LP gas container, except
portable containers, of less than 120 gallons
water capacity where natural gas
service is not available (per container) $ 35.00
10. Installation of a LP portable cylinder rack
(twenty or less cylinders)(per store) $ 35.00
11. Blasting (14 day permit) $200.00
12. Pyrotechnic special effects display $ 35.00
13. Residential automatic fire sprinkler system $ 50.00
. Ordinance No. 2593
Page 8 of 14
·
·
·
TABLE 7 - PLATTING AND ZONING FEES
Zonina Fees
· Filing Fee for Rezoning Application
· Filing Fee for Special Use Permit Application
· Filing Fee for Planned Development Application
· Filing Fee for Site Plan Review Application
Plattina Fees
· Filing Fee for Preliminary & Final Plat Application
Plus $3 per residential lot and $5 per non-residential acre
· Filing Fee for Replat Application
Plus $3 per lot residential and non-residential
· Filing Fee for Amended Plat Application
· Plat Recording Fee (24x36)
Plus $3.50 for each additional mylar page
Plus $2.00 for each paper page attached
· Plat Recording Fee (18x24)
Plus $3.50 for each additional mylar page
Plus $2.00 for each paper page attached
· Covenants - per page
. Street vacation
· Easement vacation
· Street Signs - per intersection
Variance Fees
· Filing Fee for Zoning Board of Adjustment
Residential Property
Non-Residential Property
· Filing Fee for Sign Review Board
· Filing Fee for Landscape Review Board
Miscellaneous
· Sale of Zoning Ordinance
· Zoning Verification Letters
· Sale of Zoning Map
· Sale of Subdivision Regulations
· Sale of Blue Line Copies
Ordinance No. 2593
Page 9 of 14
$450.00
$450.00
$450,00
$400.00
$200.00
$250.00
$200.00
$ 58.00
$ 43.00
$ 5.00
$100.00
$ 50,00
$100.00
$150.00
$175.00
$500.00
$500.00
$ 15.00
$ 15.00
$ 10.00
$ 10.00
$ 5.00
·
·
·
TABLE 8 - PUBLIC WORKS FEES
1. Inspection Fees
a. Street and Drainage Construction
b. Water and Wastewater Construction
3% of construction costs
3% of construction costs
2. Construction Plan Review Fees (Street, drainage, water,
Wastewater, traffic and earthwork & grading) 2% of construction costs
3. Street Cut Repair Fees $10.00 per square foot
SECTION 2. That Section 18. Permit Fees of Ordinance #1813 is deleted in its
entirety.
SECTION 3. That Section 19. Inspections of Ordinance #1813, paragraph #3
is deleted.
SECTION 4. That Section 14. Appeal Process of Ordinance #1813, paragraph
#4 is amended to read as follows:
''The appellant shall be required to pay a non-refundable fee as established in Fee
Ordinance per appeal at the time that the appeal application is submitted to the Building
Official. "
SECTION 5. That Section 20. Contractor Registration of Ordinance #1813,
paragraph #1 is amended to read as follows:
"As a prerequisite to obtaining permits as required by this code, any person or firm
operating under the provisions of this code within the City of North Richland Hills shall be
registered as a contractor and pay an annual fee as established in Fee Ordinance which
shall be valid for one year from the date of issuance."
SECTION 6. That Section 9. Permit Fees of Ordinance #2198 is deleted in its
entirety.
SECTION 7. That Section 10. Contractor Registration of Ordinance #2198,
paragraph #1 is amended to read as follows:
"As a prerequisite to obtaining electrical permits, any person, firm or business
operating under the provisions of this code within the city shall register as an electrical
contractor and pay an annual fee as established in the Fee Ordinance which shall be valid
for one (1) year from the date of issuance. The registration fee is not refundable in cases
Ordinance No. 2593
Page 10 of 14
·
·
·
of revocation or surrender of a contractor registration."
SECTION 8. That Section 16. Electrical License Fee Schedule of Ordinance
#2198 is amended to read as follows:
"Applicants for an electrical license shall pay an annual license fee according to the
Fee Ordinance."
SECTION 9. That Section 20. Amendments to the Uniform Administrative
Code Provisions of the National Electric Code, 1996 Edition, Ordinance #2198,
paragraph #3, is deleted.
SECTION 10. That Section 11. Inspection is deleted in its entirety.
SECTION 11. That Section 12. Contractor Registration of Ordinance #1927,
paragraph #1 is amended as follows:
"As a prerequisite to obtaining mechanical permits as required by this code, any
person or firm operating under the provisions of this code within the City of North Richland
Hills shall be registered as a Mechanical Contractor and pay an annual fee as established
in the Fee Ordinance which shall be valid for one year from the date of issuance.
SECTION 12. That Section 13. Amendments of Ordinance #1927 is amended by
deleting paragraph #1,2, 3,4, & 5 in its entirety.
SECTION 13. That Section 14. Permit Fees of Ordinance #2026 is deleted in its
entirety.
SECTION 14. That Section 15. Inspections of Ordinance #2026 is deleted in its
entirety.
SECTION 15. That Section 16. Contractor Registration of Ordinance #2026,
paragraph #3 is amended to read as follows:
"The plumbing contractor shall register and provide all information requested in
writing on forms furnished by the Building Official. Each plumbing contractor shall employ
at least one (1) master plumber. The master plumber shall provide proof of current State
of Texas Plumbing license, a State of Texas Drivers License and shall pay an annual fee
as established in the Fee Ordinance which shall be valid for one year from the date of
issuance.
Ordinance No. 2593
Page 11 of 14
·
·
·
SECTION 16. That Section 27. Controlled Burning of Ordinance #1814,
paragraph #4 is amended to read as follows:
"4. Pay permit fee as established in the Fee Ordinance,"
SECTION 17. That Section 6. Sign Permit Application, paragraph B,
subparagraph 7 of Ordinance #2374 is amended to read as follows:
"The applicant shall pay a deposit in the amount established in the Fee Ordinance
when the permit is application filed. The deposit may be applied to the permit when the
permit is secured. If the permit is not secured, the deposit shall be considered a plan
review fee and is non-refundable."
SECTION 18. That Section 15. Sign Review Board, paragraph F of Ordinance
#2374 is amended to read as follows:
"Every application for a variance shall be accompanied by a filing fee as established
in the Fee Ordinance."
SECTION 19. That Section 3. Landscape Review Board, paragraph F of
Ordinance #2375 is amended to read as follows:
"Every application for a variance shall be accompanied by a filing fee as established
in the Fee Ordinance."
SECTION 20. That Exhibit "C" to Ordinance #1658 is hereby deleted.
SECTION 21. That Ordinance #381 is amended by deleting all references to
inspection and plan review fees.
SECTION 22. That should any word, sentence, paragraph, subdivision, clause,
phrase or section of this Ordinance or of the Code of Ordinances, as amended hereby, be
adjudged or held to be void or unconstitutional, the same shall not affect the validity of the
remaining portions of said Ordinance or the Code of Ordinances, which shall remain in full
force and effect.
SECTION 23. It shall be deemed a violation of this ordinance for any person, firm
or corporation to attempt to build, develop or improve real property in the City without first
obtaining and paying for all permits which are required by the development codes of this
City.
SECTION 24. That any person, firm or corporation violating any of the provisions
Ordinance No. 2593
Page 12 of 14
.
.
.
of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed
guilty of a misdemeanor and, upon conviction in the municipal court of the City of North
Richland Hills, Texas, shall be subject to a fine not to exceed the sum of Two Hundred
($200.00) Dollars for each offense, and each and every day said violation is continued shall
constitute a separate offense.
SECTION 25. The Director of Finance shall review all Development Fees annually
and may adjust fees by the increase in the DFW Consumer Price Index for the preceding
twelve months as established by the Department of Commerce.
SECTION 26. This ordinance shall take effect on March 6, 2000 as the law and
charter in such cases provides.
DULY PASSED by the City Council of North Richland Hills, Texas, on the 24th day
of January 2000.
APPROVED:
MAYOR
ATTEST
CITY SECRETARY
APPROVED AS TO FORM:
Ordinance No. 2593
Page 13 of 14
.
.
.
CITY ATTORNEY
APPROVED AS TO CONTENT:
BUILDING OFFICIAL
DEPARTMENT HEAD
DEPARTMENT HEAD
Ordinance No. 2593
Page 14 of 14
~
~,;
CITY OF
NORTH RICHLAND HILLS
Department: Human Resources
Subject: Approval of Compensation Plan Market Adjustment
Council Meeting Date: 12/17/2001
Agenda Number: GN 2001-122
In 1996, Council adopted a resolution (No. 96-59) which states that".. .the City Council
endeavors to compensate City employees at a market competitive level in order to retain and
attract quality individuals." With this resolution, the "Employee Compensation System Policies
and Procedures" were also adopted. The policies and procedures require that a formal market
survey be performed in the fall of each year with any necessary adjustments to the
compensation system made in January of the following year. As you may recall, last year's
survey data prompted an additional market adjustment to the Public Safety pay plan in August
2001. In November of 2001, Human Resources surveyed our ten designated area cities using
benchmark positions from all of the cities pay plans.
The market analysis compared the benchmark positions from our pay plans against similar
positions from other area cities. The midpoint averages were used as the basis of comparison.
The survey results showed that the City of North Richland Hills Civil Service benchmark
positions were 3.50% below market and that the Public Safety benchmark position was 3.27%
below the market average. For purposes of calculating the market adjustment, the City used
the greater of the two percentages (3.50%).
The other multiplier in the market analysis is the Employment Cost Index (E.C.I.) for state and
local government employees from September 2000 to September 2001. The E.C.I. for this
period was 3.90%. Using these two figures, we are proposing the following weighted formula
for the recommended adjustment to all full-time employee pay plans:
Percentage
60%
40%
Category
Market Difference
E.C.I
Combined Value
Multiplier
X 3.50
X 3.90
Value
2.10
1.56
3.66%
For purposes of budgeting, an estimated 3% was included in the 2001-2002 budget to
implement the annual pay plan adjustment. Although the recommended increase exceeds this
amount, sufficient funds are available to provide for the necessary costs.
Recommendation: To approve a 3.66% market adjustment increase to all full-time pay plans
effective the first payroll period beginning January 2002.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating B~L...-
Other ~ "V:
··"I~~
.-
Department Head Signature
Page 1 of 1
CITY OF
NORTH RICHLAND HILLS
Department: Administration
Council Meeting Date: 12/17/01
Subject: Consideration of Interlocal Aqreement with City of Hurst for Agenda NumberGN 2001-123
Traffic Synchronization and Monument Sign - Resolution No. 2001-073
Recently the City of North Richland Hills approached the City of Hurst regarding the
installation of a monument sign at the east end of Glenview Drive near 820. After some
discussion the City of Hurst indicated they would be willing to consider such a possibility.
Their interest had to do with the traffic synchronization on Precinct Line Road. They
requested that the city consider an agreement that would allow the monument sign to be
placed on the median and also allow the City of North Richland Hills and Hurst to
synchronize all the signals on Precinct line including two that are presently operated by us,
the Martin signal and the Mid-Cities signal.
Various requirements are being placed on the management of the synchronization of the
project and the signals including all maintenance ànd operation of the facilities by the City
of Hurst, including the Opticom System. Only controller upgrade costs would be split
evenly between the two cities. The City of North Richland Hills will then be entitled to
place its entry sign on the median in the City of Hurst on the Glenview Drive just west of
820. Based on conversations with Assistant City Manager Allan Heindel, we anticipate
that after our Council votes on this document on the 1 ¡th of December the Hurst City
Council will vote on it in January. The agreement is also contingent upon receiving any
required approvals from TxDOT for the entry sign.
Recommendation:
To approve Resolution No. 2001-073 authorizing City Manager to execute the interlocal
agreement with the City of Hurst.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number
Sufficient Funds Available
Fil')ance Director
./
U',-:/
/ .
.
Page 1 of
· ~
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RESOLUTION NO. 2001-073
Be it resolved that the City Council of the City of North Richland
Hills, Texas that;
the City Manager be, and is hereby authorized to execute the attached
interlocal agreement with the City of Hurst as the act and deed of this city.
ADOPTED this 1 ¡th day of December 2001.
APPROVED:
Charles Scoma, Mayor Scoma
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO CONTENT:
Greg Vick, Managing Director of Community
Services and Facilities
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, City Attorney
e
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e
STATE OF TEXAS §
§
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT
This Agreement made and entered into by and between the City of North
Richland Hills and the City of Hurst evidences the following:
WHEREAS, both parties hereto are municipal corporations in Tarrant County,
Texas and both parties wish to define certain duties and responsibilities in connection
with part of the maintenance and operation of two public streets which are border
streets between the two municipalities; and
WHEREAS, the Agreement shall only apply to the following:
a. Traffic signal lights at the intersections on Precinct Line Road and Martin
Drive and Precinct Line Road and Mid-Cities Boulevard.
b. The median on Glenview Drive which is located in the City of Hurst west of
Loop 820 and east of Booth Calloway Road; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Local
Government Code, provides authorization for these cities to contract as set forth
below.
I.
Traffic Signal Synchronization
The City of Hurst will cause the two above mentioned signal lights on Precinct
Line Road to be synchronized with other signal lights on Precinct Line Road which are
at Precinct Line Road and Grapevine Highway (SH 26) and other intersections south of
the Grapevine Highway. The initial cost of synchronization of these two lights will be
born by the City of North Richland Hills at a cost of not to exceed $4,000. The future
cost of all maintenance and operation of the two signal lights, including the opticom
systems and any lane expansions, will be the responsibility of the City of Hurst.
Controller upgrade costs will be split evenly by the two cities.
The City of North Richland Hills will have the ability to override the two signals
next to BISD FAAC for special events traffic management. The City of Hurst will make
available the traffic signal synchronization timing schedule to the City Of North Richland
Hills. The City of North Richland Hills may request and receive reasonable signal timing
adjustments. Any proposed changes must be reviewed and approved by both Cities
Public Works Directors before implementation. Notification in writing of signal timing
adjustments must be given to each city not less than 1 week before said adjustment is
made. Notifications regarding this agreement must be given to the Public Works
Director of each city.
e
e
e
Requests for traffic signal maintenance from the City of North Richland Hills to
the City of Hurst must be responded to in a timely and manner similar to all other similar
requests. The traffic signals on Precinct Line Road at the intersections of Mid-Cities
Boulevard and Martin will carry North Richland Hills city logos or city limit type signs.
The City of Hurst may place a similar sign on the signal mast facing east bound traffic.
II.
Glenview Drive
The City of North Richland Hills shall be responsible for the maintenance on the
median on Glenview Drive, which is immediately west of Loop 820. The City of Hurst
agrees that the City of North Richland Hills may install the monument type sign (Exhibit
A) on the median, which announces that a motorist traveling west on Glenview Drive is
entering North Richland Hills. The responsibility for maintenance of the said sign, along
with the median will be the responsibility of the City of North Richland Hills. The City of
North Richland Hills may install irrigation and landscaping in the median.
This agreement becomes'effective upon approval by both cities and any TxDOT
approval required for the monument sign.
APPROVED AS TO FORM:
CITY OF NORTH RICHLAND HILLS, TEXAS
By
Rex McEntire, City Attorney
By
Larry Cunningham, City Manager
CITY OF HURST, TEXAS
CITY OF HURST, TEXAS
By
By
City Manager
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CITY OF
NORTH RICHLAND HILLS
Department: Library Council Meeting Date: 12/17/2001
Subject: Regulating the Use of Skateboards, Roller Skates, Agenda Number: GN 2001-124
Rollerblades and Bicycles in Prohibited Public Areas
- Ordinance No. 2587
In recent months there has been an increasing number of skaters and skateboarders using
the paved area in front of the Library to practice their sport. Their activities pose a threat to
library visitors during library hours. In addition, their use of the area to practice acrobatic
stunts is causing serious damage to the public facility. Hand rails are splintered, the front
steps have been chipped and cracked. The concrete benches have been scarred and
soiled by skaters "grinding" on the edges. The brick columns supporting the roof have
been damaged, with several bricks chipped or knocked from the columns. The aluminum
window and door frames are dented everywhere along their base. Skaters have destroyed
several outdoor trash bins, broken a concrete ash receptacle. In recent weeks they have
transported several stolen picnic tables to the library to be used as jumping and grinding
ramps.
The only current ordinance that addresses this problem, Ordinance No. 1899 passed in
1993, authorizes the Library to post rules for use of the facility, but provides no penalty
other than expulsion from the library. This penalty is meaningless for individuals who are
not interested in using the library.
NRH's trespass ordinance applies only to private property, leaving the City with no
effective tool to control this increasingly destructive activity.
Ordinance No. 2587 would remedy this by authorizing the C.ity to prohibit skating in
designated areas by posting signs notifying the public of the prohibition. It would make
violation of the prohibition a misdemeanor, punishable in Municipal Court by a fine of up to
$200.00. More importantly, it gives the City a means of protecting public property from the
kind of damage that has been recently inflicted on the Library.
Recommendation: Approve Ordinance No. 2587 giving the City authority to prohibit
skating, skateboarding or cycling in designated areas of public property.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Account Number AccountNumber
Sufficient Funds Available
D~.~~~Cv
Department Head Signature
Finance Director
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ORDINANCE NO. 2587
WHEREAS, recreational activities, such as cycling, rollerblading and skateboarding
are interfering with the operation and accessibility of certain public buildings within the
City; and
WHEREAS, it is necessary to pass this ordinance to protect public property and to
protect the health and welfare of the City's inhabitants.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND
HILLS, TEXAS, that:
1.
It shall be unlawful for any person to ride upon a bicycle, skateboard, roller skates
or roller blades upon any paved areas of property owned by the City of North Richland
Hills upon which signs are prominently posted, as provided in Section 2 of this Ordinance,
expressly prohibiting such conduct.
2.
Signs designating paved areas of City property upon which bicycling,
skateboarding, rollerskating and rollerblading are to be prohibited shall be prominently
posted in a place or in sufficient places so as to be visible to those in the areas affected
by the prohibition. "NO BICYCLING", "NO SKATEBOARDING", AND "NO SKATING",
displayed at the top of the sign in letters not less than one inch in height, in bold color
sharply contrasting with the background color of the sign. Such sign shall also contain the
following language: "Violators are subject to a fine up to $200.00."
3.
Any person who violates the provisions of this ordinance shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine not to exceed
two hundred dollars ($200.00).
4.
This ordinance shall be in full force and effect from and after its date of passage
and publication.
PASSED AND APPROVED this 10th day of December, 2001.
APPROVED:
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Charles Scoma, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire, City Attorney
APPROVED AS TO CONTENT: .
Steve Brown, Library Director
2
CITY OF
NORTH RICHLAND HILLS
Department: City Council
Council Meeting Date: 12/17/01
Subject: Consider Approval of Contract with Taylor, Olson. Adkins, Agenda Number: GN 2001-125
Sralla, Elam, L.L.P. for Legal Services.
At the December 10, 2001 City Council meeting the City Council approved the
recommendation of the Mayor and the selection committee to hire the law firm of Taylor,
Olson, Adkins, Sralla, and Elam L.L.P. (TOASE) and to appoint George Staples of that firm
as the City Attorney for the City of North Richland Hills effective January 10, 2002. The
Council further instructed that a contract between this law firm and the city be placed on
the December 17 agenda for approval. Attached to this cover sheet is a copy of the
agreement between the city and TOASE for legal services for general municipal law and
for litigation.
To briefly recap, the firm of Taylor, Olson, Adkins, Sralla, and Elam was created in June
1997 after the former firm of Fielding, Barrett and Taylor was discontinued. The partners
of the firm have practiced together for more than 13 years. TOASE has over 22
employees, 15 of whom are attorneys. The attorneys' individual experience ranges from
40 years to 2 years with the principals having 40, 35, 22, 18, and 13 years of municipal law
experience. The practice of this firm centers on municipal representation. The 15
attorneys within the firm devote all or a significant portion of their time to representing
municipal governments or other general or special purpose governmental units. All
attorneys in the firm have a broad base background in municipal law and administration.
TOASE represents 27 North Texas cities as city attorney. The firm also represents other
cities in Texas on special matters including litigation. All of the firm's attorneys who work
with municipalities receive a minimum of 9 hours per year CLE courses, mostly from
attending Texas Municipal League Attorney's Association annually. Attorneys of the firm
are knowledgeable about open meetings and open records law, code enforcement, public
works, utilities, zoning, legislation and contracts.
George Staples has been named by the Council as the City Attorney. Mr. Staples has
over 35 years of municipal law experience, having received his B.A. in government from
North Texas State University and receiving his Juris Doctorate from The University of
Texas School of Law in 1965. He has actually been on the staff as an attorney in various
cities and has been in private practice representing cities for a considerable length of time.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
Sufficient Funds Available
Finance Director
Department Head Signature
rhvulf~
Page 1 of L
CITY OF
NORTH RICHLAND HILLS
Mr. Staples is admitted to practice before the Texas Supreme Court, Northern, Eastern and
Southern district of Texas, the Fifth Circuit Court of Appeals and the United States Supreme
Court. He is also a director of the Texas City Attorney's Association and a member of the
Advisory Board of the Municipal League Study Center' of the Southwestern Legal Foundation.
He defends cities and public officials in litigation involving civil rights and personnel actions,
imminent domain, zoning and other issues.
Some of the major highlights of the contract are as follows:
· Term of the Contract is for two years commencing January 10, 2002 and ending on
January 10, 2004; following the initial two year term the agreement is automatically
extended on a month to month basis with the option of the city or the law firm to terminate
the contract by giving 30 days notice.
· Legal services included are general municipal representation and litigation; however the
city reserves the right to hire other attorneys for litigation should it so desire.
· TOASE would be available at City Hall up to 20 hours per week for consultation with
Council and staff, plus attend all City Council meetings.
· Attorney will also be available for phone calls and other communication in addition to the
20-hour per week as needed.
· City will provide the law firm an office at City Hall with a computer with Internet access for
use while the attorney is at City Hall.
· The Law Firm agrees not to meet with or receive visitors or clients in City offices other
than those persons involved in the performance of the services to the City as provided in
the contract.
· Law firm will provide for its own secretarial or other legal assistance and support.
· Compensation - City will not provide a monthly or annual retainer; compensation with be
at the rate of $140 per hour for general municipal services and $160 per hour for litigation
services plus actual business expenses such as copying, faxing, travel time, associated
with these responsibilities.
· Estimated cost - based on 20 hours per week at City Hall plus 5 hours of telephone calls
and Council meetings, the estimated general cost for general legal services for TOASE is
$185,482 per year excluding any litigation fees. Currently the city pays approximately
$199,000 for general legal services excluding litigation.
Although not a part of this contract with TOASE a letter of understanding agreement will be
developed between Rex McEntire and the City Manager outlining the transition of Mr,
McEntire handling pending litigation and ensuring timely follow up as well as Mr. McEntire's
assistance to the new firm during this transition.
CITY COUNCIL ACTION ITEM
Page 2 of 3
.. .,'
CITY OF
NORTH RICHLAND HILLS
Mr. Staples and other representatives of the law firm of TOASE will be available at the Pre-
Council to meet and get better acquainted with Council members.
Recommendation:
To approve the contract with TOASE for legal services.
CITY COUNCIL A CTlON ITEM
Page ~ of ~
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CITY OF
NORTH RICHLAND HILLS
epartment: Economic Development Council Meeting Date: 12/17/01
Subject: Consider Amendment to original Tax Incentive Agreement Agenda Number:GN 2001-126
with North Hills Mall for expanding initial lease-up period and
and occupancy failure date to January 1, 2004.
On August 16, 2000, the City Council approved a tax incentive agreement with North Hills Mall. The tax incentive
agreement established the following:
· A property tax abatement on 50% of real property taxes for ten years on improvements made in the Mall
expansion
· A rebate of 80% of sales and beverage tax receipts above $900,000 in sales and beverage tax receipts for 15
years in the Mall expansion
· A grant for $3 million in infrastructure improvements for the Mall expansion
On December 10, 2001, the City Council approved Ordinance 2594 and Resolution 2001-070, which established a
reinvestment zone and formally authorized the City Manager to execute the contract for the abatement of real
property taxes. The City Council also approved Resolution 2001-071 formally authorizing the City Manager to
execute the contract for the sales and beverage tax rebate grant.
The contracts that were approved on December 10, 2001 were written to correspond with the language from the
original contract, which contained an initial lease-up period and occupancy failure date for new anchors and retail
stores to be open and doing business by January 1, 2003. At the December 10, 2001 meeting, North Hills Creek
Mall, L.P. requested an extension of the initial lease-up period and occupancy failure date to January 1, 2004.
North Hills Creek Mall, L.P. is behind their schedule for securing the financing needed to construct the Mall
expansion. The decision of Foley's to relocate and the events of September 11 took months away from the Mall.
The extension of the initial lease-up period would allow North Hills Creek Mall, L.P. to get back on schedule and
meet the requirements of the tax incentive agreement.
he City Council agreed with the extension of the initial lease-up period and occupancy failure date at the
December 10, 2001 meeting. Ordinance 2594, Resolution 2001-070, and Resolution 2001-071 have been
changed to authorize the new initial lease-up period and occupancy failure date. The dates on the original
document must also be changed to correspond with these documents. Please note. the on Iv changes that have
been made to the oriainal aareement from the Auaust 2000 aDDroval are on Daae 3. Initial Lease-UD Period and
OccuDancv Failure. Underneath these subheadinas. the year has been chanaed from 2003 to 2004.
RECOMMENDATION
City staff recommends that Council act on the following item:
Consider Amendment to original Tax Incentive Agreement with North Hills Mall for expanding initial lease-up period
and occupancy failure date to January 1, 2004.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Account Number
~
Sufficient Funds Available
~ (~ ~ Finance Director
~ ~~ure
Fr' .
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ATTACHMENTS
CITY OF
NORTH RICHLAND HILLS
. North Hills Mall Letter Requesting Extension of Tax Incentive Agreement
. North Hills Mall Original Tax Incentive Agreement
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CITY COUNCIL ACTION ITEM
DEC-06-2001 THU 03:12 PM
(
FAX NO. 817 268 2240
P. 01
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NORTH HILLS CREEK MALL, LLP
JR48 Norwood Plaza. Suite 114
Hurst, TX 76054
Telephone 817-268-5489
Fax 817-268-2240
December 6,2001
Honorable Mayor Charles Scouma
And City Council Members
City of North Richland Hills
7301 N. E. Loop 820
North Richland hills, TX 76180
Re: Tax Incentive Agreement
Dear Mayor and Council Members:
On August 16, 2000 North Hills Creek Mall, LLP and the City of North Richland
Hills. Texas executed a Tax Incentive Agreement. There are some time sensitive
parts to that agreement. A portion of the incentive package is scheduled to begin
on January 1, 2002. Since the agreement was executed sixteen months ago,
events beyond our control have forced the delay of our project.
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Foley's didn't confirm they were leaving the mall until last May. Until them, the
plans included Foley's continuing to be a major anchor. Because of this change,
we had to negotiate to buy the Foley's building. redesign, and tease it. Following
that, we had to get a new appraisal for the lenders we were working with.
When the tragedy of September 11,2001 happened, our lender (based in the
financial district of New York City) put a two-month moratorium on allloan5. We
are just now back on track with them to secure a loan.
Because of these uncontr01lable events, we ask you to approve the package
before you at the December 10, 2001 meeting. However, we would ask you to
delay the commencement date of our agreement and an portions of it by one year.
Thank you for your consideration of these matters. We look forward to a 10ng and
close relationship with the City of North Richland Hills.
Very truly yours,
~~ f?~
Burk Collins
Managing Partner
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North Hills Mall Incentive Agreement
Proposed Improvements by North Hills Mall
$66 Million in improvements
Retaining 379 jobs, Adding 321 new jobs
Revovation of 580,000 sq. ft. mall
200,000 sq. ft. addition
Ice Skating Rink
Expanded Food Court
Multi-Screen Movie Theater
Fountain Plaza with 400 foot wide fountain lake
Amphitheater for 500
Additional Retailers and Restaurants
Initial Tax Incentive Agreement - signed August 16, 2000
Initial Lease Up Period - Jan 1, 2001 to Jan 1, 2003 (Mall Requesting change to Jan 1.
2004. changes would be required to original agreement. "Initial Lease-Up Period" page
3. "Occupancy Failure" page 3
Property Tax Agreement
50% Real Property Tax Abatement on $66 million improvements for 10 years
Current Rate .57 per $100 valuation = $188,100 per year or $1,881,000 over 10 years
Tax Abatement Jan 1,2002 to Jan 1,2011
Sales & Beverage Tax Rebate Agreement
80% Sales and Beverage Tax Rebate for 15 years on all new improvements
$900,000 per year base sales tax due to City
75% Occupancy required
50% of Gross Revenues from Fountain Plaza Area to City for 15 years
Maximum Sales & Beverage Tax Rebate Capped at $33 million
Sales Rebate Jan 1, 2002 to Jan 1, 2016
Infrastructure Improvements
$3 million reimbursement by City for infrastructure improvements
$2 million in drainage and creek improvements
$750,000 in street and signal improvements
$250,000 in landscaping adjacent to streets
· \
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TAX INCENTIVE AGREEMENT
This TAX INCENTIVE AGREEMENT (this "Agreement") is entered into by and between
the CITY OF NORTH RICHLAND HILLS, TEXAS, a municipal corporation of Tarrant County,
Texas (the "City") and NORTH HILLS CREEK MALL, L.P., a Texas limited partnership ("Owner"),
whose principal place of business is 1848 Norwood Plaza, Suite 214, Hurst, Texas 76054.
WIT N E SSE T H:
A. Owner intends to renovate and expand a shopping center mall on the land described
on Exhibit A attached hereto and made a part hereof.
B. The improvements contemplated by Owner will promote economic development,
stimulate business and commerce, create additional employment opportunities and generate tax
revenue.
C. Owner has advised City that a contributing factor that would induce Owner to
develop the improvements would be an agreement by City to provide economic development
incentives in the form of a tax abatement, infrastructure improvements and an economic
development grant in the form of a sales and use tax incentive and a beverage tax incentive to Owner
to defray a portion of the costs to be incurred by Owner as a consequence of developing and
constructing the improvements.
D. City is authorized by Article ill, Section 52-a of the Texas Constitution and Section
380.001 of the Texas Local Government Code to establish economic development programs and to
provide grants.
E. City has determined that providing economic development incentives pursuant to this
Agreement will further public purposes and the economic development goals of City.
F. In connection with the furtherance of public purposes and the economic development
goals of the City, City has determined that the contemplated improvements to and the use of the
property owned by Owner are in compliance with the City's abatement and tax incentive guidelines
and criteria.
G. The City Council has approved the execution of this Agreement by and between the
City and Owner.
NOW THEREFORE, the City and Owner, for good and valuable consideration, do mutually
agree as follows:
3133192_13. WPD
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1.
indicated:
Definitions. As utilized herein, the following tenns shall have the meanings
"Conditions for EIÎ!!Ïbilitv" means all the following conditions: (a) the Project is
occupied by Occupants operating retail stores of the Requisite Quality which are either
businesses operating in the Project as of the date of this Agreement or New Businesses; (b)
the ice-skating rink in the Project is open and doing business; and (c) Eligible Anchor
Occupants occupying, in the aggregate, at least 175,000 square feet of gross leasable area of
the Project have stores within the shopping mall in the Project that are open and doing
business.
"Condition for Eli2:ibilitv Relatin2: to Occupancv" means the condition set forth
in clause (c) in the foregoing definition of the tenn "Conditions for Eligibility."
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"Eli2:ible Anchor Occupant" means an Occupant of the Project meeting all of the
following conditions: (a) such Occupant is in occupancy of the Project and is operating
within the Project a retail store of the Requisite Quality containing at least 25,000 leasable
square feet; and (b) such Occupant either owns fee simple title to the site of its store or
occupies the Project pursuant to a lease with an initial term of at least eight (8) years and with
a renewal option to extend the tenn of such lease for an additional tenn of at least seven (7)
years.
"Fountain Plaza Area" means the area designated as the Fountain Plaza Area on
the depiction of the Project attached hereto as Exhibit B, such Fountain Plaza Area to be
constructed by Owner and to contain a lake with an area of at least two (2) acres, a lighted
fountain, an amphitheater with seating for at least five hundred (500) people, common areas,
retail kiosks and associated amenities.
"Incremental Proiect Sales Tax Receipts" means Project Sales Tax Receipts in
excess of $900,000, it being understood and agreed that Project Sales Tax Receipts of
$900,000 or less shall be retained by the City in their entirety and shall not be eligible for
rebate of any kind whatsoever under this Agreement.
"Incremental Taxable Value" means, with respect to any particular calendar year,
the excess of (a) the value of the real property included in the Project (specifically excluding
the value of personal property, machinery, inventory, supplies, or other property that is ta.xed
separately trom the land and buildings) as shown on the tax rolls of the Tarrant Appraisal
District on January 1 of such calendar year, as finally detennined by the Tarrant Appraisal
District, over (b) the fair market value of the real property included in the Project as shown
on the tax rolls of the Tarrant Appraisal District as of January 1, 2001.
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"lneli2:ible Uses" means the operation of any of the following businesses: (a) any
type of discount store; (b) a grocery store or supermarket; (c) a resale or consignment store;
(d) a home improvement store; (e) any store containing an outdoor storage or sales area of
3133192_13.VVPI>
2
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any kind (unless the written consent of the City Manager is obtained with respect thereto);
or (f) any sexually oriented business. By incorporating the concept of Ineligible Uses into
this Agreement, the parties do not intend to prohibit the Owner from using the Project for any
Ineligible Use (it being agreed that zoning and other applicable laws shall be determinative
of whether a particular use of the Project is prohibited); rather, the parties intend that if the
Project is used for any Ineligible Use, Owner will not be entitled to a rebate of sales, use or
beverage taxes attributable to the Ineligible Use under this Agreement, as more specifically
set forth hereinafter.
"Initial Lease-Up Period" means the period of time beginning upon January 1,
2001 and ending upon the earlier to occur of (a) the date upon which the Condition for
Eligibility Relating to Occupancy is met, or (b) January 1, 2004.
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"New Business" means a retail store in the Project that is either (a) a new store
which has been opened by an Occupant operating same in addition to (and not in replacement
of) any other stores which such Occupant operates within the City; (b) the relocation of a
store that has moved from a location elsewhere in the City because the Occupant operating
same desired to expand its store and space for expansion was not available at the previous
location of such store; (c) the relocation of a store that has moved from a location elsewhere
in the City because of other circumstances which prevented the Occupant operating same
from continuing to operate its business at the previous location of such store, and (d) the
relocation of a store previously located elsewhere in the City that was planning to relocate
its store outside the City but elected to relocate to the Project.
"Occupancv Failure" means either (a) failure to fulfill the Condition of Eligibility
Relating to Occupancy on or before January 1,2004, or (b) in the event that the Condition
of Eligibility Relating to Occupancy is fulfilled on or before January 1, 2004, failure to
continue to fulfill the Condition for Eligibility Relating to Occupancy (whether through the
loss of an Eligible Anchor Occupant or otherwise) which is not cured within twelve (12)
months after the initial occurrence of such failure (it being understood that in such event an
Occupancy Failure shall be deemed to have occurred upon the expiration of such twelve (12)
month cure period).
"Occupant" means an occupant of the Project that is operating a store within the
shopping mall included in the Project and either (a) owns fee simple title to the site of its
store, or (b) operates its store pursuant to a written lease agreement with Owner.
"Project" means the land described on Exhibit A attached hereto and made a part
hereof and the improvements thereon. Attached hereto as Exhibit B is a depiction of the
Project.
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"Project Bevera2e Tax Receipts" means alcoholic beverage taxes actually received
by the City pursuant to Chapter 183 of the Texas Tax Code which were generated from the
sale of alcoholic beverages within the Project
3133192_13.WPD
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"Proiect Sales Tax Receipts" means sales and use taxes actually received by the
City pursuant to Chapter 321 of the Texas Tax Code (specifically excluding sales taxes
received by the Crime Control District or the Park Development Corporation) which were
generated from sales conducted within the Project.
"Property Tax Abatement Period" means the ten (10) year period beginning on
January 1,2002 and ending on December 31,2011, subject to earlier tennination as provided
in this Agreement. In no event shall the Property Tax Abatement Period extend beyond
December 31,2011.
"Requisite Qualitv" as used herein to describe a retail store means a retail store of
a quality not less than the general quality of the stores located in Grapevine Mills Mall, 3000
Grapevine Mills Parkway, Grapevine, Texas.
"Sales Tax Rebate Period" means the fifteen (15) year period beginning on January
1, 2002, and ending on December 31, 2016, subj ect to earlier tennination as provided in this
Agreement. In no event shall the Sales Ta.x Rebate Period extend beyond December 31,
2016.
2. Ownership Interest in Proiect. Each party acknowledges and agrees that the
Project is located entirely within the City limits of the City, is not located in an improvement project
financed by tax increment bonds, and does not include any property that is owned or leased by a
member of the City Councilor by a member of the City Plan Commission. Owner represents and
warrants to the City that it is the owner of the Project and holds fee simple title as well as equitable
title to the Project.
3. Tax Abatement in Respect of Ad Valorem Property Taxes. Provided that the
Conditions of Eligibility are continuously fulfilled in respect of the Project during the entirety of the
Property Tax Abatement Period (but subject to the provisions of Section 7 and Section 8 below), the
City will grant a tax abatement on a portion of the City ad valorem taxes assessed on the Incremental
Taxable Value of the Project and otherwise owed to the City, subject to the tenns and conditions of
this Agreement and subject to the rights of holders of any outstanding bonds of the City. The tax
abatement shall be an amount equal to the taxes assessed on fifty percent (50%) of the Incremental
Taxable Value of the Project during the Property Tax Abatement Period. Owner shall have the right
to protest and/or contest any assessment of the Project and such abatement shall be applied to the
amount of taxes finally detennined to be due as a result of any such protest and/or contest.
3133192_13. WPD
4
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4.
Rebate of Incremental Proiect Sales Tax Receipts.
(a) Provided that the Conditions of Eligibility are continuously fulfilled in respect
of the Project during the entirety of the Sales Tax Rebate Period (but subject to the
provisions of Section 7 and Section 8 below), the City will rebate to Owner, on an annual
basis, eighty percent (80%) of the Incremental Project Sales Tax Receipts collected by the
City. Such rebate shall be paid to Owner within thirty (30) days after Owner submits to the
City the tax summary described in Section 4(b) below; provided, however, that if the City
has any inquiries concerning such tax summary, the City shall have the right to withhold
payment of any rebate in respect of one or more tenants that the City may dispute until the
City is provided with such additional infonnation as the City shall reasonably require. The
parties specifically agree that the foregoing rebate shall not apply to, and nothing contained
in this Agreement shall affect the obligation of Owner to pay, sales, use or other taxes
payable to the Crime Control District or the Park Development Corporation.
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(b) On or before March I of each year, Owner shall provide to the City a tax
summary setting forth the Project Sales Tax Receipts for the immediately preceding calendar
year. Owner hereby waives any and all rights of confidentiality which Owner may have in
respect of sales taxes generated from the Project. Without limiting the generality of the
preceding sentence, Owner agrees that the City shall have the right to inspect and audit the
books and records of Owner to confinn the total amount of sales taxes and Project Sales Ta.x
Receipts attributable to the Project. Owner shall use reasonable efforts to cause all leases of
the Project and other contracts with Occupants relating to occupancy of the Project that are
executed after the date of this Agreement to include provisions in which the Occupant (i)
waives, for the benefit of both Owner and the City, any and all rights of confidentiality which
such Occupant may have in respect of sales and use taxes generated from its business at the
Project, and (ii) agrees that the City shall have the right to inspect and audit the books and
records of such Occupant to confinn the total amount of sales and use ta.xes generated from
the business of such Occupant at the Project. lfthe City is unable to confirm the amount of
sales and use taxes generated from the business of an Occupant, then such Occupant shall
be deemed to have generated no sales and use taxes for purposes of calculating the rebate of
Incremental Project Sales Tax Receipts pursuant to Section 4( a) above. The City shall use
reasonable efforts to maintain the confidentiality of the Project Sales Receipts, subject to any
laws that may require disclosure thereof.
5. Rebate of Proiect Bevera2;e Tax Receipts.
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(a) Provided that the Conditions of Eligibility are continuously fulfilled in respect
of the Project during the entirety of the Sales Tax Rebate Period (but subject to the
provisions of Section 7 and Section 8 below), the City will rebate to Owner, on an annual
basis, eighty percent (80%) of the Project Beverage Tax Receipts collected by the City.
Such rebate shall be paid to Owner within thirty (30) days after Owner submits to the City
the tax summary described in Section 5(b) below; provided, however, that if the City has any
inquiries concerning such tax summary, the City shall have the right to withhold payment of
3133192_13.WPD
5
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any rebate in respect of one or more tenants that the City may dispute until the City is
provided with such additional infonnation as the City shall reasonably require.
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(b) On or before March I of each year, Owner shall provide to the City a tax
summary setting forth the Project Beverage Tax Receipts for the immediately preceding
calendar year. Owner hereby waives any and all rights of confidentiality which Owner may
have in respect of beverage taxes generated from the Project. Without limiting the generality
of the preceding sentence, Owner agrees that the City shall have the right to inspect and audit
the books and records of Owner to confinn the total amount of beverage taxes attributable
to the Project. Owner shall use reasonable efforts to cause all leases of the Project and other
contracts with Occupants relating to occupancy of the Project that are executed after the date
of this Agreement to include provisions in which the Occupant (i) waives, for the benefit of
both Owner and the City, any and all rights of confidentiality which such Occupant may have
in respect of beverage taxes generated from its business at the Project, and (ii) agrees that the
City shall have the right to inspect and audit the books and records of such Occupant to
confinn the total amount of beverage taxes generated from the business of such Occupant
at the Project. If the City is unable to confinn the amount of beverage taxes generated from
the business of an Occupant, then such Occupant shall be deemed to have generated no
beverage taxes for purposes of calculating the rebate of Project Beverage Tax Receipts
pursuant to Section 5( a) above. The City shall use reasonable efforts to maintain the
confidentiality of the Project Beverage Tax Receipts, subject to any laws that may require
disclosure thereof.
6. Maximum Incentive. Notwithstanding anything contained herein to the contrary,
in no event shall the sum of (a) the cumulative amount of tax abatements granted by the City under
this Agreement, (b) the cumulative rebates of sales taxes made by the City under this Agreement,
and (c) the cumulative rebates of beverage taxes made by the City under this Agreement, exceed the
sum of Thirty Three Million Dollars (533,000,000). Accordingly, notwithstanding any other
provision of this Agreement, if the sum of the amounts described in clauses (a), (b) and (c) of the
preceding sentence reaches Thirty Three Million Dollars ($33,000,000) prior to the expiration of the
Property Tax Abatement Period or the Sales Tax Rebate Period, then as of such date Owner shall
not be entitled to any further tax abatements, tax rebates or other tax incentives under this
Agreement.
7. Initial Lease-Up Period. Notwithstanding anything contained herein to the
contrary, during the Initial Lease-Up Period Owner shall not be denied the tax abatement or the
rebate of taxes described in this Agreement solely because of Owner's failure to comply with the
Condition for Eligibility Relating to Occupancy; provided, however, that if during the Initial Lease-
Up Period Owner executes leases of the Project which will prevent Owner from fulfilling the
Condition for Eligibility Relating to Occupancy prior to the expiration of the Initial Lease-Up Period,
then, as of the date such circumstance arises, Owner shall not be entitled to any t(L'( abatement or
rebate of taxes described in this Agreement. Nothing contained in this Section 7 shall be construed
to impair any right or remedy of the City in the event Owner fails to fulfill any Condition for
Eligibility other than the Condition for Eligibility Relating to Occupancy.
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8. Occurrence of Occupancy Failure. Owner shall give City prompt written notice
of the occurrence of an Occupancy Failure. Owner shall use commercially reasonable efforts to cure
an Occupancy Failure by executing a new lease of the Project with an Eligible Anchor Occupant or
otherwise causing the Condition for Eligibility Relating to Occupancy (as well as the other
Conditions for Eligibility defined in Section 1 hereof) to again be fulfilled. Notwithstanding
anything contained herein to the contrary, Owner shall continue to receive the benefits of the tax
abatement and tax rebates provided in this Agreement during the period of an Occupancy Failure,
provided that the sum of Project Sales Tax Receipts and Project Beverage Tax Receipts are in
excess of $900,000 during each calendar year. If during any calendar year the sum of Project Sales
Tax Receipts and Project Beverage Tax Receipts are not in excess of $900,000 and an Occupancy
Failure has occurred during such calendar year, then Owner shall not be entitled to any of the tax
rebates described in this Agreement during such calendar year or any subsequent calendar year.
9. Validity oflncentives. It is understood and expressly agreed by Owner that the City
does not warrant or guarantee that the grant of tax abatement or tax rebates as provided for in this
Agreement will be upheld as valid, lawful, enforceable or constitutional in the event the statutory
authority for same or the City's use thereof is challenged by court action. In the event such court
action related to this Agreement is instituted, Owner shall be responsible for defending the parties
hereto, this Agreement, and the use ofta.x abatement and tax rebates hereunder, at Owner's sole cost
and expense, including attorneys' fees. The City, however, agrees to cooperate with Owner in such
defense. Should such litigation result in the loss of tax abatement or tax rebates as provided herein,
Owner shall be solely responsible for the payment of all taxes due, including all taxes which
otherwise would have been .paid to the City without the benefit of abatement or rebates, without
recourse to the City, and without any obligation by the City to reimburse same back to Owner.
10. Default. In the event that (a) any of the Conditions for Eligibility are not fulfilled
at any time during the tenn of this Agreement (subject to the provisions of Section 7 and Section 8),
or (b) Owner allows its ad valorem taxes owed the City to become delinquent (provided that Owner
retains its right to timely and properly follow the legal procedures for protest and/or contest of any
such ad valorem taxes), or (c) Owner breaches any of the tenns and conditions of this Agreement,
then Owner shall be in default under this Agreement. In the event of such default, the City shall give
Owner written notice of such default, and if Owner has not cured such default within ninety (90)
days of said written notice, this Agreement may be tenninated by the City, in which event Owner
shall no longer have the benefit of any abatement or rebates set forth herein effective as of the date
of such tennination. Notice shall be given in accordance with Section 19 hereof. It is expressly
agreed that, notwithstanding any tennination or expiration of this Agreement, the City shall,
throughout the period of any applicable statute of limitations, maintain its rights to audit books and
records under Section 4 and Section 5 hereof and to collect any amounts owed to the City due to
miscalculations of the tax rebates provided to Owner hereunder.
11. Filin2s. It shall be the responsibility of Owner to make any filings with
governmental agencies (including specifically, without limitation, the Tarrant Appraisal District)
required in order to obtain the benefits of this Agreement. Owner shall annually certify to the City
that Owner is in compliance with the applicable tenns of the real property tax abatement and tax
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rebates provided herein, and Owner shall allow reasonable access to the Project by employees and
agents of the City for the purpose of inspecting the Project.
12. Asshmment. Owner shall not have the right to assign its rights or obligations under
this Agreement without the prior written consent of the City, which consent shall not be
unreasonably withheld or delayed. Without limiting the requirements that the City may impose in
connection with an assignment of Owner's rights and obligations under this Agreement, the City may
specifically require the following: (a) evidence that the proposed assignment by Owner is being made
in connection with a sale of the Project to a bona fide third party purchaser (a "New Owner"); (b)
written notice of such sale not less than thirty (30) days prior to the consummation thereof; (c)
execution and delivery by the New Owner of an instrument, reasonably satisfactory to the City in
fonn and substance, whereby the New Owner (i) agrees that it will continue to operate the Project
as a retail shopping mall during the remaining tenn of this Agreement, and (ii) assumes the
obligations of Owner under this Agreement and agrees to be bound by the provisions of this
Agreement during the remaining tenn of this Agreement as if such New Owner had been the original
Owner hereunder. The assignment by Owner of Owner's rights and obligations under this
Agreement without obtaining the prior written consent of the City shall constitute a default by Owner
under this Agreement.
13. Indemnitv. It is understood and agreed between the parties that Owner, in
perfonning its obligations hereunder, is acting independently, and the City assumes no responsibility
or liability in connection therewith to third parties, and Owner agrees to indemnify and hold harmless
the City, its officers, agents and employees, against any and all claims, lawsuits, judgments, costs
and expenses for personal injury (including death), property damage or other hann for which
recovery of damages is sought, suffered by any person or persons that may arise out of or be
occasioned by Owner's breach of any of the tenns or provisions of this Agreement, or by any
negligent act or omission of Owner, its officers, agents, associates, employees or subconsultants, in
the perfonnance of this Agreement; except that the indemnity provided for in this paragraph shall
not apply to any liability resulting ITom the sole negligence of the City, its officers, agents,
employees or separate contractors, and in the event of joint and concurrent negligence of both Owner
and the City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance
with the laws of the State of Texas, without, however, waiving any governmental immunity available
to the City under Texas law and without waiving any defenses of the parties under Texas law. The
provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create
or grant any rights, contractual or otherwise, to any other person or entity.
14. Term. The tenn of this Agreement shall expire upon the end of the Sales Tax
Rebate Period, unless tenninated prior to such time in accordance with the provisions of this
Agreement. Any obligations of the parties, as well as any rights and benefits of the parties, which
by the express tenns of this Agreement or of necessity pertain to a period of time following the
tennination of this Agreement shall survive tennination.
15. Ineli2:ible Uses. In the event that the Project or any portion thereof is used for an
Ineligible Use, then Owner will not be entitled to a rebate of sales, use or beverage ta.xes attributable
3133192_13. WPD
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to the Ineligible Use under this Agreement. Nevertheless, any Occupant participating in an Ineligible
Use shall be subject to the rights of the City and waivers of confidentiality set forth in Section 4(b)
and Section 5(b) above.
16. Infrastructure Improvements. In connection with its renovation of the Project,
Owner will be constructing certain infrastructure improvements required by the City or desired by
Owner. Subject to Owner's compliance with all City ordinances and regulations in respect of the
construction perfonned by Owner, the City shall provide a grant to Owner to reimburse Owner for
the following amounts to the extent actually incurred by Owner in constructing the specified
infrastructure improvements: (a) $2,000,000 towards the costs of constructing drainage and creek
improvements, including, without limitation, drainage improvements associated with the Fountain
Plaza Area; (b) $750,000 towards the costs of constructing street/signal improvements, including,
without limitation, such improvements associated with the Fountain Plaza Area; and (c) $250,000
towards the costs of landscaping abutting the public street adjacent to the Project. Such
reimbursement grant shall be made to Owner after completion of the applicable improvements in
accordance with the procedure typically used by the City. Owner shall submit to the City such plans,
evidence of costs and other documents as may be reasonably required by the City in order to confirm
that Owner is entitled to the reimbursement grant which is the subject of this Section 16.
17. Sharine of Revenues From Fountain Plaza Area. Until December 31,2016,
Owner will pay to the City, on an annual basis, fifty percent (50%) of the gross revenues derived by
Owner from the Fountain Plaza Area. For purposes of the preceding sentence, the term "gross
revenues" means income of any kind or character derived from the operation of the Fountain Plaza
Area, including, without limitation, rentals, concession fees and any other consideration received by
Owner for use of the Fountain Plaza Area or any improvement or facility therein (specifically
excluding all revenues from the restaurant buildings adjacent to the Fountain Plaza Area). On or
before March 1 of each year, Owner shall provide to the City a summary setting forth the gross
revenues derived from the Fountain Plaza Area during the immediately preceding calendar year,
together with payment to the City of fifty percent (50%) of such amount. The City shall have the
right to inspect and audit the books and records of Owner to confirm the amount of gross revenues
derived from the Fountain Plaza Area. Each party agrees that, if requested by the other party after
the fifth (5th) anniversary date of this Agreement, the parties will discuss the possibility of sharing
revenues from the Fountain Plaza Area in an alternative manner (e.g. on a net revenues basis).
However, the manner of sharing revenues from the Fountain Plaza Area shall remain as set forth in
this Section 17 unless and until each party agrees, in its sole discretion, to an alternative manner of
sharing such revenues and executes an amendment to this Agreement setting forth such agreement.
18. Use of Fountain Plaza Area. Until December 31, 2016, the City shall have the
right to identify, during each calendar year, up to thirty (30) days per calendar year during which the
City or its designee will have exclusive use of the entire Fountain Plaza Area (or a portion thereof
designated by the City) at no charge. The City will, on or before December 1 of each year, designate
in a written notice to Owner the thirty (30) days in the succeeding calendar year during which the
City (or its designee) intends to have exclusive use of the Fountain Plaza Area.
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19. Notices. Any notice required by this Agreement shall be deemed to be properly
served if deposited in the U.S. mail by certified letter, return receipt requested, addressed to the
recipient at the recipient's address shown below, subject to the right of either party to designate a
different address by notice given in the manner just described.
If intended for the City, to:
City of North Richland Hills
Attention: Finance Director
7301 Northeast Loop 820
North Richland Hills, Texas 76180
Ifintended for Owner, to:
North Hills Creek Mall, L.P.,
1848 Norwood Plaza, Suite 214
Hurst, Texas 76054.
18. Venue. The obligations of the parties to this Agreement are perfonnable in Tarrant
County, Texas, and iflegal action is necessary to enforce same, exclusive venue shall lie in Tarrant
County, Texas.
19. Applicable Laws. This Agreement is made subject to the provisions of the Charter
and ordinances of the City, as amended, and all applicable State and federal laws.
20. Governim! Law. This Agreement shall be governed by and construed in accordance
with the laws and court decisions of the State of Texas.
21. Le2al 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 it is the
intention of the parties to this Agreement that in lieu of each provision that is found to be illegal,
invalid or unenforceable, a provision be added to this Agreement which is legal, valid and
enforceable and is as similar in tenns as possible to the provision found to be illegal, invalid or
unenforceable.
22. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
23. Captions. The captions to the various clauses of this Agreement are for
infonnational purposes only and shall not alter the substance of the tenns and conditions of this
Agreement.
3133192_13.VVPI>
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24. Payment of EXDenses. Concurrently with the execution of this Agreement, Owner
shall payor reimburse City for all attorneys' fees incurred by City in connection with the preparation
and negotiation of this Agreement up to the date of full execution of this Agreement.
25. Entire Aereement. This Agreement embodies the complete agreement of the
parties hereto, superseding all oral or written previous and contemporary agreements between the
parties and relating to matters in this Agreement, and except as othelWise provided herein cannot be
modified without written agreement of the parties to be attached to and made a part of this
Agreement.
[This space intentionally left blank]
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EXECUTED to be effective as of the _ day of
,2000.
THE CITY:
City of North Richland Hills
By:
Name:
Title:
OWNER:
North Hills Creek Mall, L.P.,
a Texas limited partnership
By: Fountain Mall, Inc.
lts General Partner
By:
Name:
Title:
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EXHIBIT A
PROPERTY DESCRIPTION
Tract 1 (25.2367 acres):
Being a tract ofland out ofthe W.W. WALLACE SURVEY, ABSTRACT NO. 1606, and being out
of the Calloway Farm Addition, 3rd Filing, an Addition to the City of North Richland Hills, Texas
filed in Volume 388-126, Page 89-89A, Tarrant County Plat Records and being more particularly
described as follows:
COMMENCING at a point, said point being the intersection point of the southeast comer of the said
tract recorded in Volume 388-126, Page 89, Tarrant County Plat Records, Tarrant County, Texas,
and the east right-of-way line of Cagle Street (50 foot right-of-way);
THENCE S 89 deg. 43 min. 20 sec. W, a distance of 10.00 feet to the POINT OF BEGINNING;
THENCE S 89 deg. 43 min. 20 sec. W, a distance of 30.00 feet to a comer;
THENCE N 00 deg. 16 min. 35 sec. W, a distance of 80.00 feet to the point of curvature of a curve
to the left having a delta of 40 deg. 00 min. 00 sec., a radius of 912.77 feet and a chord ofN 20 deg.
16 min. 35 sec. W, 624.37 feet;
THENCE along said curve, an arc distance of 637.23 feet to the point of compound curvature of a
curve to the left having a delta of 30 deg. 26 min. 55 sec., a radius of 496.50 feet, and a chord ofN
55 deg. 30 min. 02 sec. W, 260.76 feet;
THENCE along said curve, an arc distance of263.85 feet to the point of compound curvature ofa
curve to the left having a delta of90 deg. 00 min. 00 sec., a radius of20.00 feet, and a chord ofS 64
deg. 16 min. 30 sec. W, 28.28 feet;
THENCE along said curve, an arc distance of 31.42 feet to the point of tangency of said curve;
THENCE N 70 deg. 43 min. 30 sec. W, a distance of 32.00 feet to a comer;
THENCE N 19 deg. 16 min. 30 sec. E, a distance of 167.35 feet to a comer;
THENCE N 70 deg. 43 min. 30 sec. W, a distance of295.74 feet to a comer;
THENCE S 19 deg. 16 min. 30 sec. W, a distance of265.00 feet to a comer;
Exhibit A, Page 1
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e THENCE N 25 deg. 43 min. 30 sec. W, a distance of 4.11 feet to a comer;
THENCE N 70 deg. 43 min. 30 sec. W, a distance of218.02 feet to a comer;
THENCE S 64 deg. 16 min. 30 sec. W, a distance of85.78 feet to a comer;
THENCE S 19 deg. 16 min. 30 sec. W, a distance of366.56 feet to a comer;
THENCE S 64 deg. 11 min. 31 sec. W, a distance of74.93 feet to a comer;
THENCE S 19 deg. 11 min. 31 sec. W, a distance of 84.00 feet to a comer;
THENCE S 64 deg. 11 min. 31 sec. W, a distance of 30.00 feet to a comer;
THENCE S 24 deg. 15 min. 49 sec. W, a distance of62.90 feet to a comer;
THENCE S 00 deg. 16 min. 40 sec. E, a distance of 32.00 feet to a comer;
THENCE N 89 deg. 43 min. 20 sec. E, a distance of 644.80 feet to a comer;
THENCE S 00 deg. 19 min. 45 sec. E, a distance of25.00 feet to a comer;
THENCE S 89 deg. 43 min. 20 sec. W, a distance of 1138.71 feet to a comer;
THENCE S 00 deg. 19 min. 45 sec. E, a distance of816.74 feet to a comer;
THENCE S 89 deg. 43 min. 20 sec. W, a distance of50.00 feet to a comer;
THENCE N 00 deg. 19 min. 45 sec. W, a distance of 816.74 feet to a comer;
THENCE S 89 deg. 43 min. 20 sec. W, a distance of 175.94 feet to the point of curvature of a curve
to the right having a delta of 38 deg. 27 min. 58 sec., a radius of 300.00 feet, and a chord ofN 71
deg. 02 min 41 sec. W, 197.65 feet;
THENCE along said curve, an arc distance of 20 1.41 feet to a point on said curve;
THENCE N 00 deg. 19 min. 45 sec. W, a distance of 32.25 feet to the point of curvature of a non-
tangent curve to the right having a delta of 47 deg. 13 min. 26 sec., a radius of 275.50 feet, and a
chord ofN 24 deg. 01 min. 08 sec., W, 220.70 feet;
THENCE along said curve, an arc distance of 227.07 feet to the point of tangency of said curve;
Exhibit A, Page 2
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e THENCE N 89 deg. 35 min. 35 sec. E, a distance of260.07 feet to the point of curvature of a curve
to the right having a delta of 19 deg. 35 min. 56 sec., a radius of 50.00 feet and a chord of S 80 deg.
36 min. 27 sec. E, 17.02 feet;
THENCE along said curve, an arc distance of 17.10 feet to the point of tangency of said curve;
THENCE S 70 deg. 48 min. 29 sec. E, a distance of 8.53 feet to a corner;
THENCE S 00 deg. 24 min. 25 sec. E, a distance of 69.34 feet to a corner;
THENCE S 60 deg. 24 min. 25 sec. E, a distance of 31.75 feet to a corner;
THENCE S 00 deg. 24 min. 25 sec. E, a distance of 17.59 feet to a corner;
THENCE N 59 deg. 35 min. 35 sec. E, a distance of31.75 feet to a corner;
THENCE S 00 deg. 24 min. 25 sec. E, a distance of9.59 feet to a corner;
THENCE N 59 deg. 35 min. 35 sec. E, a distance of 31. 75 feet to a corner;
THENCE S 00 deg. 24 min. 25 sec. E, a distance of 14.99 feet to a corner;
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THENCE S 60 deg. 24 min. 25 sec. E, a distance of 59.81 feet to a corner;
THENCE N 59 deg. 35 min. 35 sec. E, a distance of 52.05 feet to a corner;
THENCE S 70 deg. 48 min. 29 sec. E, a distance of 73.77 feet to a corner;
THENCE N 19 deg. 11 min. 31 sec. E, a distance of 416. 75 feet to a corner;
THENCE N 23 deg. 02 min. 21 sec. E, a distance of 46.1 0 feet to a corner;
THENCE N 19 deg. 11 min. 31 sec. E, a distance of 67.34 feet to a corner;
THENCE S 79 deg. 11 min. 31 sec. W, a distance of 31.75 feet to a corner;
THENCE N 40 deg. 48 min. 29 sec. W, a distance of 63 .51 feet to a corner;
THENCE N 19 deg. 11 min. 31 sec. E, a distance of22.92 feet to a corner;
THENCE S 79 deg. 11 min. 31 sec. W, a distance of 63.51 feet to a corner;
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THENCE S 19 deg. 11 min. 31 sec. W, a distance of33.31 feet to a corner;
Exhibit A, Page 3
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THENCE N 40 deg. 48 min. 29 sec. W, a distance of63.51 feet to a comer;
THENCE S 79 deg. 11 min. 31 sec. W, a distance of 31. 75 feet to a comer;
THENCE N 19 deg. 11 min. 31 sec. E, a distance of 10.39 feet to a comer;
THENCE S 79 deg. 11 min. 31 sec. W, a distance of21.01 feet to a comer;
THENCE N 40 deg. 48 min. 29 sec. W, a distance of74.25 feet to a comer;
THENCE S 79 deg. 11 min. 31 sec. W, a distance of 38.99 feet to a comer;
THENCE N 20 deg. 02 min. 48 sec. W, a distance of 27.44 feet to the point of curvature of a curve
to the right having a delta of96 deg. 27 min. 11 sec., a radius of25.00 feet and a chord ofN 28 deg.
10 min. 53 sec. E, 37.29 feet;
THENCE along said curve, an arc distance of 42.09 feet to the point of tangency of said curve;
THENCE N 76 deg. 24 min. 29 sec. E, a distance of203.06 feet to the point of curvature of a curve
to the left having a delta of28 deg. 37 min. 59 sec., a radius of232.00 feet, and a chord ofN 62 deg.
05 min. 30 sec. E, 114.74 feet;
THENCE along said curve, an arc distance of 115.94 feet to the point of tangency of said curve;
THENCE N 47 deg. 46 min. 30 sec. E, a distance of 326.36 feet to the point of curvature of a curve
to the left having a delta of 14 deg. 45 min. 42 sec., a radius of 501.00 feet and a chord ofN 40 deg.
23 min. 39 sec. E, 128.72 feet;
THENCE along said curve, an arc distance of 129.08 feet to the point of tangency of said curve;
THENCE S 70 deg. 43 min. 30 sec. E, a distance of 258.80 feet to a comer;
THENCE S 03 deg. 00 min. 09 sec. E, a distance of 151.29 feet to a comer;
THENCE S 70 deg. 43 min. 30 sec. E, a distance of 494.93 feet to a comer;
THENCE N 19 deg. 16 min. 30 sec. E, a distance of29.74 feet to the point of curvature ofa curve
to the left having a delta of 45 deg. 54 min. 23 sec., a radius of 100.00 feet, and a chord ofN 03 deg.
40 min. 41 sec. W, 78.00 feet;
THENCE along said curve, an arc distance of80.12 feet to a point of reverse curvature ofa curve
to the right having a delta of34 deg. 26 min. 42 sec., a radius of74.00 feet and a chord ofN 09 deg.
24 min. 32 sec. W, 43.82 feet;
Exhibit A, Page 4
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e THENCE along said curve an arc distance of 44.49 feet to the point of tangency of said curve;
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THENCE S 70 deg. 43 min. 30 sec. E, a distance of281.82 feet to the point of curvature of a non-
tangent curve to the right having a delta of 14 deg. 42 min. 03 sec., a radius of 456.56 feet and a
chord ofS 11 deg. 55 min. 29 sec. W, 116.82 feet;
THENCE along said curve, an arc distance of 117.14 feet to the point of tangency of said curve;
THENCE S 19 deg. 16 min. 30 sec. W, a distance of219.90 feet to the point of curvature of a curve
to the left having a delta of 90 deg. 00 min. 00 sec., a radius of 20.00 feet and a chord of S 25 deg.
43 min. 30 sec. E, 28.28 feet;
THENCE along said curve, an arc distance of 31.42 feet to a point of reverse curvature of a curve
to the right having a delta of 30 deg. 26 min. 55 sec., a radius of 526.50 feet and a chord ofS 55 deg.
30 min. 02 sec. E, 276.52 feet;
THENCE along said curve, an arc distance of 279.80 feet to the point of compound curvature of a
curve to the right having a delta of 40 deg. 00 min. 00 sec., a radius of 942.77 feet and a chord of S
20 deg. 16 min. 35 sec. E, 644.89 feet;
THENCE along said curve, an arc distance of 658.18 feet to the point of tangency of said curve;
THENCE S 00 deg. 16 min. 35 sec. E, a distance of 80.00 feet to the POINT OF BEGINNING; and
CONTAINING 1,099,309.00 square feet or 25.2367 acres ofland.
Tract 2 04.1092 acres - Sao2er Harris)
Being a tract ofland out of the W.W. WALLACE SURVEY, ABSTRACT NO. 1606, and being one
of the Calloway Farm Addition, 3rd Filing, an Addition to the City of North Richland Hills, Texas
filed in Volume 388-126, Page 89-89A, Tarrant County Plat Records and being more particularly
described as follows:
COMMENCING at a point for a comer in the Southeasterly right-of-way line of State Highway 121-
A, said point being North 47° 46' 30" East, 1649.62 feet along said line trom the intersection of said
Line with the Easterly Line of the Texas Electric Service Company right-of-way as recorded in
Volume 1947, Page 169 of the Deed Records of Tarrant County;
THENCE North 47° 46' 30" East, a distance of372.20 feet to a comer;
THENCE North 47° 51' 45" East, a distance of 72.80 feet to the beginning of a curve to the left;
Exhibit A, Page 5
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e THENCE in a Southeasterly direction along said curve to the left having a radius of 50.0 feet, a
central angle of 53° 07' 48", a chord oflength 44.72 feet and bearing South 15° 34' 21" East, and an
arc length of 46.36 feet to the end of said curve to the left;
THENCE South 42° 08' 15" East, a distance of 50.0 feet to the beginning of a curve to the right;
THENCE in a Southeasterly direction along said curve to the right having a radius of 21 0.0 feet, a
central angle of 64° 29' 29", and an arc length of236.37 feet to the end of said curve to the right and
the beginning of a curve to the left;
THENCE in a Southeasterly direction along said curve to the left having a radius of 20.0 feet, a
central angle of 79° 35' 40", and an arc length of27.78 feet to the end of said curve to the left and
the beginning of a curve to the right;
THENCE in a Southeasterly direction along said curve to the right having a radius of 651.0 feet, a
central angle of 31 ° 30' 55", and an arc length of 358.08 feet as the end of said curve to the right;
THENCE South 25° 43' 30" East, a distance of 282.04 feet to the beginning of a curve to the right;
THENCE in a Southeasterly direction along said curve to the right having a radius of 456.56 feet,
a central angle of 30° 18' 04", and an arc length of 241.45 feet to the end of said curve to the right;
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THENCE North 70° 43' 30" West, a distance of 281.82 feet to the beginning of a curve to the left;
THENCE in a Southeasterly direction along said curve to the left having a radius of 74.0 feet, a
central angle of 34° 26' 42", a chord oflength 43.82 feet and bearing South 3° 24' 32" East, and an
arc length of 44.49 feet to the end of said curve to the left and the beginning of a curve to the right;
THENCE in a Southeasterly direction along said curve to the right having a radius of 100.0 feet, a
central angle of 45° 54' 23", and an arc length of 80.12 feet to the end of said curve to the right;
THENCE South 19° 16' 30" West, a distance of29.74 feet to a comer;
THENCE North 70° 43' 30" West, a distance of 494.93 feet to a comer;
THENCE North 3° 00' 09" West, a distance of 151.29 feet to a comer;
THENCE North 70° 43' 30" West, a distance of258.80 feet to the beginning ofa curve to the right;
THENCE in a Southwesterly direction along said curve to the right having a radius of 501.0 feet, a
central angle of 14° 45' 42", a chord oflength 128.72 feet and bearing South 40° 23' 39" West, and
an arc length of 129.08 feet to the end of said curve to the right;
e
Exhibit A, Page 6
e THENCE South 47° 46' 30" West, a distance of209.40 feet to a comer;
THENCE North 42° 13' 30" West, a distance of219.10 feet to a comer;
THENCE North 47° 46' 30" East, a distance of 43.0 feet to a comer;
THENCE South 42° 13' 30" East, a distance of 167.10 feet to the beginning of a curve to the left;
THENCE in a Southeasterly direction along said curve to the left having a radius of 20.0 feet, a
central angle of 90° 00' 00", and an arc length of 31.42 feet to the end of said curve to the left;
THENCE North 47°46' 30" East, a distance of 146.40 feet to the beginning of a curve to the left;
THENCE in a Northeasterly direction, along said curve to the left having a radius of 469.0 feet, a
central angle of21 ° 40' 00", and an arc length of 177.35 feet to the end of said curve to the left;
THENCE North 26° 06' 30" East, a distance of315.01 feet to the beginning ofa curve to the right;
THENCE in a Northeasterly direction along said curve to the right having a radius of 251.0 feet, a
central angle of 17° 28' 27", and an arc length of 76.55 feet to the end of said curve to the right;
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THENCE North 42° 13' 30" West, a distance of 32.59 feet to the PLACE OF BEGINNING and
containing 14.1092 acres.
Tract 3 (7.8789 acres - Mervvn's)
BEGINNING at a point, said point being the intersection point of the south right-of-way of State
Highway 26-A and the southwest comer of the Sanger Harris Site;
THENCE S 42 deg. 13 min. 30 sec. E, a distance of219.10 feet to a comer;
THENCE S 47 deg. 46 min. 30 sec. W, a distance of 116.96 feet to the point of curvature of a curve
to the right having a delta of28 deg. 37 min. 59 sec., a radius of232.00 feet and a chord ofS 62 deg.
05 min. 30 sec. W, 114.74 feet;
THENCE along said curve, an arc distance of 115.94 feet to the point of tangency of said curve;
THENCE S 76 deg. 24 min. 29 sec. W, a distance of203.06 feet to the point of curvature ofa curve
to the left having a delta of 96 deg. 27 min. 11 sec., a radius of 25.00 feet and a chord of S 28 deg.
10 min. 53 sec. W, 37.29 feet;
THENCE along said curve, an arc distance of 42.09 feet to the point of tangency of said curve;
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Exhibit A, Page 7
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THENCE S 20 deg. 02 min. 48 sec. E, a distance of 27.44 feet to a comer;
THENCE N 79 deg. 11 min. 31 sec. E, a distance of 38.99 feet to a comer;
THENCE S 40 deg. 48 min. 29 sec. E, a distance of74.25 feet to a comer;
THENCE E 79 deg. 11 min. 31 sec. E, a distance of21.01 feet to a comer;
THENCE S 19 deg. 11 min. 31 sec. W, a distance of 10.39 feet to a comer;
THENCE N 79 deg. 11 min. 31 sec. E, a distance of31.75 feet to a comer;
THENCE S 40 deg. 48 min. 29 sec. E, a distance of 63.51 feet to a comer;
THENCE N 19 deg. 11 min. 31 sec. E, a distance of 33.31 feet to a comer;
THENCE N 79 deg. 11 min. 31 sec. E, a distance of 63 .51 feet to a comer;
THENCE S 19 deg. 11 min. 31 sec. W, a distance of 22.92 feet to a comer;
THENCE S 40 deg. 48 min. 29 sec. E, a distance of63.51 feet to a comer;
THENCE N 79 deg. 11 min. 31 sec. E, a distance of 31.75 feet to a comer;
THENCE S 19 deg. 11 min. 31 sec. W, a distance of 67.34 feet to a comer;
THENCE S 23 deg. 02 min. 21 sec. W, a distance of 46.1 0 feet to a comer;
THENCE S 19 deg. 11 min. 31 sec. W, a distance of 416.75 feet to a comer;
THENCE N 70 deg. 48 min. 29 sec. W, a distance of 73.77 feet to a comer;
THENCE S 59 deg. 35 min. 35 sec. W, a distance of 52.05 feet to a comer;
THENCE N 60 deg. 24 min. 25 sec. W, a distance of 59.81 feet to a comer;
THENCE N 00 deg. 24 min. 25 sec. W, a distance of 14.99 feet to a comer;
THENCE S 59 deg. 35 min. 35 sec. W, a distance of 31.75 feet to a comer;
THENCE N 00 deg. 24 min. 25 sec. W, a distance of9.59 feet to a comer;
THENCE S 59 deg. 35 min. 35 sec. W, a distance of 31. 75 feet to a comer;
Exhibit A, Page 8
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THENCE N 00 deg. 24 min. 25 sec. W, a distance of 17.59 feet to a comer;
THENCE N 60 deg. 24 min. 25 sec. W, a distance of31.75 feet to a comer;
THENCE N 00 deg. 24 min. 25 sec. W, a distance of69.34 feet to a comer;
THENCE N 70 deg. 48 min. 29 sec. W, a distance of 8.53 feet to the point of curvature of a curve
to the left having a delta of 19 deg. 35 min. 56 sec., a radius of 50.00 feet and a chord ofN 80 deg.
36 min. 27 sec. W, 17.02 feet;
THENCE along said curve, an arc distance of 17.10 feet to the point of tangency of said curve;
THENCE S 89 deg. 35 min. 35 sec. W, a distance of260.07 feet to a comer;
THENCE N 00 deg. 24 min. 25 sec. W, a distance of 166.18 feet to the point of curvature ofa curve
to the right having a delta of 48 deg. 10 min. 55 sec., a radius of275.50 feet and a chord ofN 23 deg.
41 min. 03 sec. E, 224.91 feet;
THENCE along said curve, an arc distance of 231.68 feet to the point of tangency of said curve;
THENCE N 47 deg. 46 min. 30 sec. E, a distance of 221.23 feet to the point of curvature of a curve
to the right having a delta of28 deg. 37 min. 59 sec., a radius of200.50 feet and a chord ofN 62 deg.
05 min. 29 sec. E, 99.16 feet;
THENCE along said curve, an arc distance of 100.20 feet to the point of tangency of said curve;
THENCE N 76 deg. 24 min. 29 sec. E, a distance of 261.23 feet to the point of curvature of a non-
tangent curve to the left having a delta of28 deg. 37 min. 59 sec., a radius of 199.50 feet and a chord
ofN 52 deg. 05 min. 29 sec. E, 98.66 feet;
THENCE along said curve, an arc distance of 99.70 feet to the point of tangency of said curve;
THENCE N 48 deg. 18 min. 21 sec. E, a distance of 53.96 feet to the point of curvature of a curve
to the left having a delta of90 deg. 00 min. 00 sec., a radius of20.00 feet and a chord ofN 02 deg.
46 min. 30 sec. E, 28.28 feet;
THENCE along said curve an arc distance of 31.42 feet to the point of tangency of said curve;
THENCE N 42 deg. 13 min. 30 sec. W, a distance of 167.10 feet to a comer, said point being in the
south right-of-way line of State Highway 26-A;
THENCE N 47 deg. 46 min. 30 sec. E, a distance of 43.00 feet to the POINT OF BEGINNING; and
e CONTAINING 343,206.61 square feet or 7.8789 acres ofland.
Exhibit A, Page 9
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Tract 4 (9.7304 acres - Cox)
Being a tract ofland out of the W.W. WALLACE SURVEY, ABSTRACT NO. 1606, and being out
of the Calloway Farm Addition, 3rd Filing, an Addition to the City of North Richland Hills, Texas
filed in Volume 388-126, Page 89-89A, Tarrant County Plat Records and being more particularly
described as follows:
COMMENCING at a point, said point being the intersection point of the north right-of-way line of
Glenview Drive (50 foot right-of-way) and the east right-of-way line of Frawley Drive (50 foot right-
of-way);
THENCE N 00 deg. 19 min. 15 sec. W, a distance of841.73 feet to the POINT OF BEGINNING;
THENCE S 89 deg. 43 min. 20 sec. W, a distance of 644.80 feet to a comer;
THENCE N 00 deg. 16 min. 40 sec. W, a distance of32.00 feet to a comer;
THENCE N 24 deg. 15 min. 49 sec. E, a distance of62.90 feet to a comer;
THENCE N 64 deg. 11 min. 31 sec. E, a distance of 30.00 feet to a comer;
THENCE N 19 deg. 11 min. 31 sec. E, a distance of 84.00 feet to a comer;
THENCE N 64 deg. 11 min. 31 sec. E, a distance of 74.93 feet to a comer;
THENCE N 19 deg. 16 min. 30 sec. E, a distance of366.56 feet to a corner;
THENCE N 64 deg. 16 min. 30 sec. E, a distance of85.78 feet to a corner;
THENCE S 70 deg. 43 min. 30 sec. E, a distance of218.02 feet to a comer;
THENCE S 25 deg. 43 min. 30 sec. E, a distance of 4.11 feet to a corner;
THENCE N 19 deg. 16 min. 30 sec. E, a distance of265.00 feet to a corner;
THENCE S 70 deg. 43 min. 30 sec. E, a distance of295.74 feet to a corner;
THENCE S 19 deg. 16 min. 30 sec. W, a distance of 167.35 feet to a comer;
THENCE S 70 deg. 43 min. 30 sec. E, a distance of32.00 feet to a corner;
Exhibit A, Page 10
e THENCE S 19 deg. 16 min. 30 sec. W, a distance of 468.05 feet to the point of curvature of a curve
to the right having a delta of70 deg. 26 min. 50 sec., a radius of90.95 and a chord ofS 54 deg. 29
min. 55 sec. W, 104.91 feet;
THENCE along said curve, an arc distance of 111.83 feet to the point of tangency of said curve;
THENCE S 89 deg. 43 min. 20 sec. W, a distance of 10.53 feet to the POINT OF BEGINNING;
CONTAINING 423,855.90 square feet or 9.7304 acres ofland.
Tract 5 (9.5223 acres - Residual 1)
Being a tract ofland out ofthe W.W. WALLACE SURVEY, ABSTRACT NO. 1606, and being out
of the Calloway Farm Addition, 3rd Filing, an Addition to the City of North Richland Hills, Texas
filed in Volume 388-126, Page 89-89A, Tarrant County Plat Records and being more particularly
described as follows:
BEGINNING at a point, said point being the intersection point of the southeast comer of the
Calloway Farm Addition, and the east right-of-way line of Cagle St. (50' R.O.W.);
THENCE S 89° 43' 20" W, a distance of 10.00 feet to a point for comer;
e
THENCE N 00° 16' 35" W, a distance of 80.00 feet to a point of curvature;
THENCE along a curve to the left, said curve having a central angle of 40° 00' 00", a radius of
942.77 feet, and an arc length of 658.18 feet to a point of compound curvature;
THENCE along a curve to the left, said curve having a central angle of 30° 26' 55", a radius of
526.50 feet, and an arc length of279.80 feet to a point of reverse curvature;
THENCE along a curve to the right, said curve having a central angle of 90° 00' 00", a radius of
20.00 feet, and an arc length of 31.42 feet to a point of tangency;
THENCE N 19° 16' 30" E, a distance of219.90 feet to a point of curvature.
THENCE along a curve to the left, said curve having a central angle of 45° 00' 00", a radius of
456.56 feet, and an arc length of358.58 feet to a point of tangency;
THENCE N 25° 43' 30" W, a distance of282.04 feet to a point of curvature;
THENCE along a curve to the left, said curve having a central angle of 31 ° 30' 55", a radius of
651.00 feet, and an arc length of358.08 feet to a point of reverse curvature;
e
Exhibit A, Page 11
e THENCE along a curve to the right, said curve having a central angle of 79° 35' 40", a radius of
20.00 feet, and an arc length of27.78 feet to a point of reverse curvature;
THENCE along a curve to the left, said curve having a central angle of 64° 29' 29", a radius of
210.00 feet, and an arc length of236.37 feet to a point of tangency;
THENCE N 42° 08' 15" W, a distance of 50.00 feet to a point of curvature;
THENCE along a curve to the right, said curve having a central angle of 53° 07' 48", a radius of
50.00 feet and an arc distance of 46.36 feet to a point for comer;
THENCE N 47° 51' 45" E, a distance of235.00 feet to a point for comer;
THENCE S 42° 08' 15" E, a distance of 160.00 feet to a point of curvature;
THENCE along a curve to the right, said curve having a central angle of 45° 00' 00", a radius of
429.00 feet, and an arc length of 336.94 feet to a point of tangency;
THENCE S 02° 51' 45" W, a distance of 218.31 feet to a point of curvature;
THENCE along a curve to the left, said curve having a central angle of 40° 52' 00", a radius of
e 571.00 feet, and an arc length of 407.27 feet to a point of tangency;
THENCE S 38° 00' 15" E, a distance of 590.45 feet to a point for comer;
THENCE S 00° 16' 35" E, a distance of934.15 feet to the POINT OF BEGINNING; and containing
9.5223 acres ofland.
Tract 6 (9.3422 acres - Residual 2)
Being a tract ofland out of the W.W. WALLACE SURVEY, ABSTRACT NO. 1606, and being out
of the Calloway Farm Addition, 3rd Filing, an Addition to the City of North Richland Hills, Texas
filed in Volume 388-126, Page 89-89A, Tarrant County Plat Records and being more particularly
described as follows:
COMMENCING at the intersection point of the southeast comer of the Calloway Farm Addition and
the east right-of-way line of Cagle Street (50' R.O.W.);
THENCE South 89° 43' 20" West, a distance of 40.00 feet to the POINT OF BEGINNING;
e
THENCE South 89° 43' 20"West, a distance of 10.00 feet to a point for comer, said point being in
the west line of Cagle Street;
Exhibit A, Page 12
e
THENCE North 00° 16' 35" West, a distance of 0.11 feet to a point for comer;
THENCE South 89° 43' 20" West, a distance of695.86 feet to a point for comer, said point being
in the east line of Frawley Drive (50' R.O.W.) dedicated by deed as recorded in Volume 4423 Page
602 of the Deed Records of Tarrant County, Texas;
THENCE North 00° 19' 45" West, a distance of301.62 feet to a point for comer;
THENCE North 89° 43' 20" East, a distance of 10.53 feet to a point of curvature to the left, said
curve having a central angle of 70° 26' 50", a radius of90.95 feet and a chord bearing North 54° 29'
55" East, 104.91 feet;
THENCE along said curve to the right an arc distance of 111.83 feet to a point of tangency;
THENCE North 19° 16' 30" East, a distance of 468.05 feet to a point of curvature to the right, said
curve having a central angle of 90° 00' 00", a radius of20.00 feet and a chord bearing North 64° 16'
30" East, 28.28 feet;
THENCE along said curve to the right an arc distance of 31.42 feet to a point of curvature to the
right, said curve having a central angle of 30° 26' 55", a radius of 496.50 feet and a chord bearing
e South 55° 30' 02" East, 260.76 feet;
THENCE along said curve to the right an arc distance of263.86 feet to a point of a compound curve
to the right, said curve having a central angle of 40° 00' 00", a radius of 912.77 feet and a chord
bearing South 20° 16' 35" East, 624.37 feet;
THENCE along the curve to the right an arc distance of637.23 feet to a point of tangency;
THENCE South 00° 16' 35" East, a distance of 80.00 feet to the POINT OF BEGINNING; and
containing 406,944.32 square feet or 9.3422 acres of land.
Tract 7 (6.4365 acres - Residual 4)
Being a tract ofland out ofthe W.W. WALLACE SURVEY, ABSTRACT NO. 1606, and being out
of the Calloway Farm Addition, 3rd Filing, an Addition to the City of North Richland Hills, Texas
filed in Volume 388-126, Page 89-89A, Tarrant County Plat Records and being more particularly
described as follows:
COMMENCING at a point; said point being the intersection of the north right-of-way line of
Glenview Drive (50 foot R.O.W.) with the east right-of-way line of Ruth Street (a 50 foot private
drive), said point being the southwest comer of Saint John the Apostle Catholic Church tract;
e
Exhibit A, Page 13
---
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THENCE North 00° 19' 45" West, a distance of 399.22 feet to the POINT OF BEGINNING;
THENCE North 00° 19' 45" West, a distance of 417.52 feet to a point for comer;
THENCE North 89° 43' 20" East, a distance of 671.52 feet to a point for comer;
THENCE South 00° 19' 45" East, a distance of 417.52 feet to a point for comer;
THENCE South 89° 43' 20" West, a distance of671.52 feet to the POINT OF BEGINNING; and
containing 280,373.03 square feet or 6.4365 acres of land.
Tract 8 (4.8652 acres - ResidualS)
Being a tract ofland out of the W.W. WALLACE SURVEY, ABSTRACT NO. 1606, and being out
of the Calloway Fann Addition, 3rd Filing, an Addition to the City of North Richland Hills, Texas
filed in Volume 388-126, Page 89-89A, Tarrant County Plat Records and being more particularly
described as follows:
COMMENCING at a point, said point being the intersection of the north right-of-way line of
Glenview Drive (50 foot R.O.W.) with the west right-of-way line of Ruth Street (a 50 foot private
drive), said point being the southeast comer of the Richland Hills Methodist Church tract;
THENCE N 00° 19' 45" W, a distance of 399.22 feet to the POINT OF BEGIN'NING;
THENCE S 89° 43' 20" W, a distance of 479.70 feet to a point for comer;
THENCE N 00° 24' 25" W, along the east line of the TESCO R.O.W., as recorded in Volume 1947,
Page 169, Deed Records of Tarrant County, a distance of 482.63 feet;
THENCE N 89° 43' 20" E, a distance of 117.86 feet to a point for comer;
THENCE along a curve to the left, said curve having a central angle of 38° 27' 58", a radius of
300.00 feet, and an arc length of201.41 feet to a point of tangency;
THENCE N 89° 43' 20" E, a distance of 175.94 feet to a point for comer;
THENCE S 00° 19' 45" E, a distance of 417.52 feet to the POINT OF BEGINNING; and containing
211,926.79 square feet or 4.8652 acres ofland.
Exhibit A, Page 14
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EXHmIT B
SEE ATTACHED DEPICTION
Exhibit B, Page 1
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LEASE PLAN
01/20/00
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50 100 150
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GRAPHIC SCALE IH FEET
THE INFORMATION CONUI
SUBJECT TO ERRORS ANO
REPAE5ENUTlONS, EXPAI
ARE HADE WITH A£SPECT
FOR LEASING INFORMATION CONTACT:
STEVE KING (817) 589-2236
FAX: (817) 284-9730
Carter :: Burges~
Archlleets :: Engineers
3001 MEACHAM BLVD., SUITE 200
FORT WORTH, TEXAS 76137-4608
DEVELOPER:
BURK COLLINS & CO.
HURST. TEXAS -
RSM INVESTMENTS, IN(
RAN(.110 SANTA MARGARITA,
CAUFORNIA
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Announcements and Information
December 17, 2001
Announcements
The City Offices will be closed on Tuesday, December 25th for the Christmas
Holiday. The City will resume its regular operations on Wednesday, December 26th.
The City Offices will be closed on Tuesday, January 1st for the New Year Holiday.
The City will resume its regular operations on Wednesday, January 2nd,
Recycle your Christmas Trees! From December 2¡th - January ¡th, Christmas trees
may be placed in the dumpster at the designated site by the NRH Fire Administration
building on Tecnol and Dick Fisher Drive. All ornaments, lights, bags and stands must
be removed before leaving the tree. For information, call 817-427-6651.
Information
December 29
Critter Connection
North Hills Mall
10:00 a.m. - 6:00 p.m.
817 -427 -6570