The URL can be used to link to this page

Home My WebLink AboutCC 1995-07-24 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA JULY 24, 1995 - 6:30 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. Discussion of Renaming of Watauga Road (10 Minutes) 2. GN 95-95 Amendments to Building Code Regarding Finished Floor Elevations for Residential Properties - Ordinance No. 2053 (Agenda Item No. 16) (5 Minutes) 3. GN 95-96 Approval of CitiCable Charges for Service (Agenda Item No. 17) (10 MinutéS) .. . ...,~-- 4. GN 95-99 Watauga v. NRH Lawsuit Negotiations _ Resolution No. 95-44 (Agenda Item No. 20) (5 Minutes) 5. PU 95-46 Award Bid for Commercial Lot A2, Richland Plaza Addition (Agenda Item No. 24) (5 Minutes) 6. Discussion of EPA Requirements (5 Minutes) 7. IR 95-95 Third Quarter Police Statistical Report (10 Minutes) ·8. Other Items Page 2 NUMBER ITEM ACTION TAKEN 9. *Executive Session (5 Minutes) - The Council may enter into closed executive session to discuss the following: A. Consultation with attorney under Gov. Code §551.071 : Consider Watauoa vs. NRH 9. Adjournment - 7:20 p.m. *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA JULY 24, 1995 For the Regular Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items marked with an * are on the consent agenda and 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 581-5502 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Minutes of the Regular Meeting July 10, 1995 5. Presentations by Boards & Commissions Page 2 NUMBER ITEM ACTION TAKEN 6. Presentation of "Yard of the Month" Awards 7. Presentation of "Landscape of the Month" Award 8. Presentation of "Keep Texas Beautiful" Awards 9. Special Presentation by Beautification Committee 10. Removal of Item(s) from the Consent Agenda 11. Consent Agenda Item(s) indicated by Asterisk (13, 14, 17, 19, 20, 21, 22, 23,25,26,27,28, & 29) 12. PZ 95-14 Public Hearing to Consider the Request of Brown & Root for a Special Use Permit for a Temporary Concrete Batching Plant on a Portion of Tract 4, Walker Survey, Abstract 1652 - Ordinance No. 2060 (Located at the northwest corner of Precinct Line Road and Grapevine Highway) Page 3 NUMBER ITEM ACTION TAKEN *13. PS 95-28 Request of Venture Stores for Amended Plat of Lots 1 and 2, Block 1, Venture Addition (Located at the intersection of Davis Boulevard and Grapevine Highway) *14. GN 95-93 Authorization of Em inent Domain Proceeding on Green Valley Drive Widening Project - Resolution No. 95-36 15. GN 95-94 Appointments to Cable TV Board 16. GN 95-95 Amendments to Building Code Regarding Finished Floor Elevations for Residential Properties - Ordinance No. 2053 *17. GN 95-96 Approval of CitiCable Charges for Service 18. GN 95-97 Public Hearing - Community Development Block Grant - Resolution No. 95-39 *19. GN 95-98 Approving the ISTEA Enhancement Grant Agreement with TxDOT for the Calloway Branch Trail Project Resolution No. 95-38 Page 4 NUMBER ITEM ACTION TAKEN *20. GN 95-99 Watauga v. NRH Lawsuit Negotiations - Resolution No. 95-44 *21. GN 95-100 Approve Flood Damage Prevention - Ordinance No. 2061 *22. P U 95-44 Authorization to Purchase Fuel on "Spot Market Basis" *23. PU 95-45 Award Bid for the Renovation of Municipal Court 24. PU 95-46 Award Bid for Commercial Lot A2, Richland Plaza Addition *25. PU 95-47 Award Bid for Installation of the Irrigation System for the Bedford- Euless Road Landscaping Project *26. PU 95-48 Award Bid for Sidewalk Installation for the Bedford Euless Road Landscaping Project *27. PU 95-49 Authorization to Participate in Cooperative Purchasing Program with the State Department of Information Services Page 5 NUMBER ITEM ACTION TAKEN *28. PW 95-40 Approve Agreement with the State of Texas for the Reconstruction of Intersections on Rufe Snow Drive from I.H. 820 to Watauga Road- Resolution No. 95-40 *29. PAY 95-12 Approve Final Payment to Dustrol, Inc. In the Amount of $29,048.89 for 1995 Street Wedge Milling Project 30. Citizens Presentation 31. Adjournment POSTED rldl75 DatI? Lf,· CD LJ M Time n.d~ - I.....~.~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 95-95 ',-- ~ Date: T Subject: July 24, 1995 Third Quarter Police Statistical Report This brief report analyzes, thru twelve charts, the activities of the North Richland Hills Police Department' during the first nine months of this fiscal year. Part one crimes against persons decreased by 44 (from the same period last year) but still remain significantly higher than 1992 or 93. Part one property crimes decreased slightly also (by nine). Auto theft has declined steadily since the Auto Theft Task Force was established. We anticipate that this statistic will either stabilize or rise as our population continues to grow. Charts one and two provide comprehensive analysis. Part two crimes (see composite chart #3) shows a total decrease of 196 (despite rises in three of the six categories). This is attributable to a decrease of 242 offenses in vandalism. Vandalism is a volatile statistic driven by "one night binges" of shattered windows and battered mailboxes. Sharp upward swings are considered to be probable. ',,-- Solutions of all offenses, as defined by the penal code, become the responsibility of eight detectives. Some 4720 cases have been formally investigated this year with 48% being cleared. This is up 3% over FY 93-94 at this time. Some 2449 cases remain unsolved at this time. Charts four and five examine this area in more detail. Response times to citizen calls for service continue to be excessively high and, overall, have increased by twenty-two seconds over this same time last year (see chart six). Our department has responded to over six thousand more incidents than the same period last year. However, citizens have called somewhat less (200 calls). This indicates that our officers are actively seeking areas of concern, obviating the need for citizens to request our service (chart seven). All three top priority calls (definition provided) have shown increases over last year (chart eight), with May and June showing the greatest increase (chart nine). Anyone month this fiscal year has lagged behind the same month last year in call volume. Calls in cold weather months in FY 94-95 exceeded calls in warm weather months in FY 93-94. We expect to respond to 16,000 more calls than any previous year. Staffing levels remain constant. Motor vehicle accidents overall have increased by only seventeen over last fiscal year but injury accidents have increased by thirty-nine over a like period (chart ten). There has been a reduction in citations issued. Both the traffic unit and the patrol division have issued fewer citations. This is a result of the increased call load. We anticipate this trend in citations to be reversed in the traffic section as the new motorcycle officer becomes more proficient and to continue in patrol as patrol units respond to more calls for service and therefore have less time for issuing citations. ""'- NORTH RICHLAND HILLS, TEXAS . ~ . iJ Â Â - ca a.. : 111- '- o CD E 111- '- 0"1"'" Q Q CD ... "I""'Q Q "'f' Q ... Q"I"'" N ... "I""'Q Q Q ... Q"I"'" Q CO Q C "'f' Q Q N Q Q Q CD - 11- - 'III'¡o..O!.ðNCICI mNClf')!.ðf')C") mW¡o..N .... ..,... .... o o CO .. IOI1'>CìI)I1'>IOIO¡...eC") 1¡.;¡t::¡:;!~C")..... ~ .......~' Ñ :I~I~~~ Ø)C")N...."" -.;: ..,... ......... ......... ......... ......... CD en as o o an o o ~ c ::::s ""') ~ :I ... Do « ... CIS :I .Q C» u.. i ""') ~ ~ z 1$ o . '0 () !: C> ~ I/ !ß ro ü v ~ C') 0> 0> ..- Ll) ~ ...... IS C ..... E ..... ... o o N 1.0 ~ ""'" 1.0 I o ~ I 1.0 ~ 0) ~ . ~ ('í') 0) 0) ~ x R Z ....... as c -š .- ... o o CO o 1.0""", L.O m ~ m m ~ . V m M m m ~ I I . I I . I I . I . III III . III III . I -- ~ - U) - - ca o e CD C U III'" - .a :s Q.. 'If"" 'P ~ m ~ L() 0) 0) ~ o o o o N o o o L() ~ o o o o ~ o o o L() o Call Priority Definitions Priority One - Calls that will be considered as Priority One (1) are those calls which by their nature, or the circumstances surrounding the call, pose an immediate threat to human life. Examples of Priority One (1) calls are, but are not limited to the following calls that are in progress or have just occurred: 1. Rape 2. Shooting 3. Stabbing 4. Robbery or Aggravated Robbery Priority Two - Those calls which do not meet the criteria for a Priority One (1) call, but by their very nature require an immediate response. Calls will be classified as Priority Two (2) if: 1. Bodily injury has been sustained 2. The possibility or probability that injury may result from the existing situation 3. A citizen feels that he or she is threatened with immediate danger 4. An offense has been committed and there exists a chance of apprehending the suspect. 5. A person has made a citizen's arrest 6. A major thoroughfare is blocked, or partially blocked, and the possibility of further damage or injury exists Priority Three - Those calls which do not meet the criteria for Priority One (1) and Priority Two (2) calls and will be considered "non-priority" by being able to sustain a delay in response time without an adverse effect. Some examples of calls which may be Priority Three (3) are listed as follows: 1 . Abandoned bicycle 2. Hospital call 3. Meet complainant 4. Parking violations 5. Prisoner transfer 6. Theft investigation 7. Criminal mischief complaints Priority Four - Those calls which do not meet any previously defined criteria. These calls are typically administrative in nature such as being called to the police department by a supervisor or command level officer. These calls can be held until an officer is available to handle this non-emergency type of call. Priority Four (4) calls as handled as time allows as opposed to being a part of a true "call prioritization" scheme of operation. CD U 11- ... or- or- " CD :I en en - en .. c CD E 1: CD U 11- - o a.. ~ ~ ~ ("I') 0') 0') ~ ~ o o o - o N UJ 13 C «I en :z o 0.1:. 0....... q>. O..Q ~ en c o .- 1;; ...... a_ o "0 CD C :Öcn E16 0""" üt2 e ....., m CL o E m s- I- CJ) c .0 z:; s ü c .0 m ........ ~ ::a: z ~ :I :e ~ ~ .;: e ~ ~ e .Q .r .... ~ ~ ~ t ~ ~ c! ¡ -e ~ ~ ¡ "8 .... ð .... - --.------ MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JULY 10, 1995 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order July 10, 1995 at 7:30 p.m. ROLL CALL Present: Tommy Brown JoAnn Johnson Lyle E. Welch Mack Garvin Mark Wood Ray Oujesky Byron Sibbet Linda Spurlock Sansoucie Staff: C.A. Sanford Larry Cunningham Jeanette Rewis Rex McEntire Greg Dickens Absent: Randy Shiflet Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilman Councilwoman City Manager Assistant City Manager City Secretary Attorney City Engineer Assistant City Manager 2. INVOCA TION Councilman Sibbet gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE REGULAR MEETING JUNE 26, 1995 APPROVED Mayor Pro Tem Johnson moved, seconded by Councilman OUjesky, to approve the minutes of the June 26, 1995 meeting. _ __.e,.._.,...______ July 10, 1995 Page 2 Motion carried 7-0. 5. PRESENTATIONS BY BOARDS & COMMISSIONS A. BEAUTIFICATION COMMISSION MINUTES No action necessary. 6. IR 95-90 - SPECIAL PRESENTATION - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FOR THE COMPREHENSIVE FINANCIAL REPORT ENDING SEPTEMBER 30,1994 Ms. Lou Ann Heath, President of Government Finance Officers Association, presented the Certificate of Achievement for Excellence in Financial Reporting to Mayor Brown, Larry Cunningham, Assistant City Manager and Jackie Theriot, Accounting Supervisor. 7. IR 95-91 - SPECIAL PRESENTATION - DISTINGUISHED BUDGET PRESENTATION AWARD FOR FISCAL YEAR 1994-95 Ms. Lou Ann Heath, President of Government Finance Officers Association, presented the Distinguished Budget Presentation Award to Mayor Brown, Larry Cunningham, Assistant City Manager, and Debbie Durko, Budget Coordinator. 8. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 9. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (12, 13, 15, 17 & 18) APPROVED Councilman Oujesky moved, seconded by Councilman Sibbet, to approve the Consent Agenda. Motion carried 7-0. July 10, 1995 Page 3 10. PZ 95-12 - PUBLIC HEARING TO CONSIDER THE REQUEST OF M & J CONSTRUCTION TO REZONE TRACT 1A1, CONDRA SURVEY, ABSTRACT 310 FROM AG AGRICULTURE TO R-1 SINGLE FAMILY RESIDENTIAL - ORDINANCE NO. 2058 (LOCATED AT THE SOUTHEAST CORNER OF BURSEY ROAD AND DOUGLAS LANE) APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward. Mayor Brown called for anyone wishing to speak in opposition to the request to come forward. There being r::JO one wishing to speak Mayor Brown closed the Public Hearing. Councilman Sibbet moved, seconded by Councilman Oujesky, to approve Ordinance No. 2058. Motion carried 7-0. 11. PZ 95-13 - PUBLIC HEARING TO CONSIDER THE REQUEST OF THE CITY OF NORTH RICHLAND HILLS TO REZONE TRACT 5B, BRENTWOOD ESTATES AND TRACT 1C, RICHARDSON SURVEY, ABSTRACT 1266 FROM R-3 SINGLE FAMILY RESIDENTIAL TO R-1 SINGLE FAMILY RESIDENTIAL - ORDINANCE NO. 2059 (GENERALLY LOCATED NORTH AND EAST OF THE THORNBRIDGE ADDITION) APPROVED Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to come forward. Mayor Brown called for anyone wishing to speak in opposition to the request to come forward. Mr. Cliff Stevens, 9201 Kirk Lane, appeared before the Council and spoke in opposition to the zoning. .---------.-..----"" July 1 0, 1995 Page 4 There being no one else wishing to speak Mayor Brown closed the Public Hearing. Councilman Oujesky moved, seconded by Councilman Garvin, to approve Ordinance No. 2059. Motion carried 6-1; Mayor Pro Tem Johnson, Councilwoman Sansoucie, Councilmen Garvin, Wood, OUjesky and Sibbet voting for and Councilman Welch voting against. *12. GN 95-88 - CONTRACT WITH TARRANT COUNTY FOR COLLECTION OF CITY PROPERTY TAXES APPROVED *13. GN 95-89 - SET DATE FOR PUBLIC HEARING ON SANITARY SEWER IMPROVEMENTS ON GREEN VALLEY DRIVE APPROVED 14. GN 95-90 - APPOINTMENT TO TOWN HALL COMMITTEE APPROVED Councilman Welch moved, seconded by Mayor Pro Tem Johnson, to appoint Mr. Giles Prang to Place 1 on the Town Hall Committee. Motion carried 7-0. *15. GN 95-91 - RATIFY CHANGE ORDER NO.1 FOR ADDITIONS AND AL TERATIONS TO CITY HALL COMPLEX APPROVED 16. GN 95-92 - APPOINTMENTS TO CIVIL SERVICE COMMISSION APPROVED July 10, 1995 Page 5 Councilman Oujesky moved, seconded by Councilman Garvin, to approve the following appointments to the Civil Service Commission: Place 1 - Sally Hackfeld, term expires June 1996; Place 2 - Cliff Jaynes, term expires June 1996; Place 3 - Larry Bracke, term expires June 1997; Place 4 - Bill Biggers, term expires June 1997; Alternate _ Bill Fenimore, term expires June 1996; Alternate - Ed Brock, term expires June 1996. Motion carried 7-0. *17. PW 95-38 - APPROVE INTERLOCAL AGREEMENT BETWEEN THE CITY OF KELLER AND THE CITY OF NORTH RICHLAND HILLS CONCERNING COST PARTICIPATION IN ENGINEERING SERVICES FOR NORTH TARRANT PARKWA YIWILSON LANE - RESOLUTION NO. 95-35 APPROVED *18. PW 95-39 - APPROVE ENGINEERING BUDGET FOR AMUNDSON ROAD EXTENSION (CARDINAL LANE TO PROPOSED WATAUGA ROAD) APPROVED 19. CITIZENS PRESENTATION None. 20. ADJOURNMENT Mayor Brown adjourned the meeting to the Council work session. Tommy Brown - Mayor ATTEST: Jeanette Rewis - City Secretary Department: CITY OF NORTH RICHLAND HILLS Planning and Inspections Public HearinQ to consider the request of Brown Agenda Number: PZ 95-14 & Root for a Special Use Permit for a Temporary Concrete Batching Plant on a portion of Tract 4, Walker Survey, Abstract 1652. (Located at the northwest corner of Precinct Line Road and Grapevine Highway.) ----=- Council Meeting Date: 7/24/95 "-Subject: Ordinance No. 2060 Brown & Root is the utility contractor for the Texas Department of Transportation's Precinct Line Road widening project. Brown & Root and TxDOT have field offices located at the northwest corner of Precinct Line Road and Grapevine Highway. Brown & Root has applied for a Special Use Permit to allow a temporary concrete batching plant to be set up on the site for use in this project. A Special Use Permit is required for this activity. The property is presently zoned C-2 Commercial. Normally, the Zoning Regulations only allow a concrete batching plant in an Industrial zoning district with a Special Use Permit. However, to avoid rezoning a small area for a temporary use, staff advised TxDOT that a Special Use Permit would be sufficient in this case. The batching plant would occupy a 10,000 square foot site on the property, approximately 100 feet from Precinct Line Road. The plant site would be approximately 850-feet from the Aegon office building and 950- feet from the Woodlands office building on the south side of Grapevine Highway. Rock and sand would also be stored on site. The purpose of the batching plant is to provide material for the widening of Precinct Line ~oad from Grapevine Highway to Glade Road. Brown & Root has indicated that the batching plant would be '- moved onto the site two to three times between now and May 31, 1996. . The Planning and Zoning Commission conducted a Public Hearing and considered this request at its July 13, 1995 meeting and recommended approval subject to the following: 1) the Special Use Permit expire 30-days after TxDOT accepts the improvements for Phase 1 of Precinct Line Road, and 2) the area containing the . batching plant be fenced. Brown & Root has indicated their interest in using an orange grid-type construction fencing to satisfy this requirement. (see attached example) Since Brown & Root has indicated that the project will be complete by May 31, 1996, staff recommends that the Council consider setting the expiration of the permit for that date. Providing a definite expiration date makes it easier to åbate the use at the end of the permit. It also eliminates the possibility that TxDOT may not . officially accept the improvements until several months after the project is completed. RECOMMENDATION: It is recommended that the City Council hold the required Public Hearing and consider the recommendation of the PI~nning and .Zoning 'Commission, and also consider setting an expiration date of May 31, 1996. Finance Review Acct. Number Sufficient Funds Available !4~L ent Head Signature ~i y Manager CITY COUNCIL ACTION ITEM Source of Funds: Sonds (GO/Rev.) )perating Budget 0'-. Other -" . F,n.nce Dorector ~., .,--,.~,-,~----,---~---_._-~, ORDINANCE NO. 2060 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ZONING ORDINANCE NUMBER 1874, THE COMPREHENSIVE ZONING ORDINANCE, TO AUTHORIZE SPECIAL USE PERMIT NUMBER TWENTY-FOUR FOR A TEMPORARY CONCRETE BATCHING PLANT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874 by authorizing Special Use Permit Number Twenty-Four, by changing said Zoning Ordinance as set forth herein; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, Special Use Permit Number Twenty-Four (24) be hereby authorized for a Temporary Concrete Batching Plant as set forth in Case Number PZ 95-14 on the property described as follows: Being a 10,000 square foot portion of Tract 4, Walker Survey, Abstract 1652, North Richland Hills, Texas, at a 5ite approximately 850-feet east of the Aegon office park, 950-feet north of the Woodlands office building, and 100-feet west of Precinct Line Road. This property is located at the northwest corner of Precinct Line Road and Grapevine Highway. 2. THAT, the development regulations contained in the C-2 Commercial zoning district of Ordinance 1874 shall govern development on said property, except where amended bek>w: 1. Building Locations: The building footprint locations shall be in accordance with the site plan attached as Exhibit A. 2. Building Lines: The front building line shall be a minimum of 25-feet. 3. Fence Required: A security fence shall be provided around the batching plant area. 3. THAT, all the regulations contained in the Zoning Ordinance No. 1874, as amended, which are not in conflict with the terms of this Special Use Permit, shall remain in full force and effect regarding this property. 4. EXPIRATION DATE This Special Use Permit Number Twenty-Four, for a Temporary Concrete Batching Plant, shall expire May 31, 1996. All equipment and materials associated with this use shall be removed from the property prior to the expiration date. .,------------.-.----- 5. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 6. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 13TH DAY OF JUL Y, 1995 Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 24TH DAY OF JUL Y, 1995. Mayor City of North Richland Hills, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No. 2060 Page 2 ~\;~ \ \ / ...-<- \-\" !:r =- -- '~E ,.... :Þ r1\"L- ~ì ..;.~ ~. \,,\1- 'Ô ~~ \.!' ~ ~ ¡:~~ «)g D "0 . L?-t~ ~ 0 I C) , \II g 't1 ~ \\ \ I \,~ , \-~- , 0 I - <=00' " ~ \ \ ! ,>~ \ \ ~) / \J ---~ ~ w C> I" -t\ ....... ~ ~ ~ -; r- ~ ;>0 Q .:..I / '$:Y .!?7&.:'o /Y093';' ),¡~td 8 cu. , 05 \ I I 8 \ f....+...¿,"", ot.. ~~( ~?~C) '1 ~ ... i$ "'" ,.. i . "" ~ ~ <' )Î0!ì "', . T" "'s . ::::'ò p ~ ~ ¡ š (., f '~ f-' / / / --" \ , \: , \ ' ') J ) " , \' - ,J ¡ ) '-'J'J\ ,J! _ ........_-) ! C> o I ~ £,,-;. ¡ , /'" /~".7' I l..., .--..-..., (_ "',-- ,,\-': l.J. , ( \ (\ \ JI ~ ~ "\ '\ ' \ r II - 1"""'\ "--.r' "1 ~ 0, ) (' i , 1////1 . ~: ,~ " '--'" :/-", .~, ~ c' " ¡ ~ " ,.r ,,_ ___~ ~ ; I ~} / ~ of- J~ f(/ /~/' ~~ r-( / ~J ' "0 :¡ ~ -.Iv- ,. ~ g "-J Íì\ - ~ ;j \.' \II ./ ....~~ /, '''--/ , \ Î I ~ - -. \ '",,- - MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHlAND HillS, TEXAS July 13, 1995 - 7:30 p.m. CAll TO ORDER The meeting was called to order by Chairman James Brock at 7:30 p.m. ROll CAll PRESENT Chairman Members James Brock Jill Spicer Richard Davis David Barfield Barry LeBaron Clayton Husband Gregory Arrington Victor Baxter Ron Lueck Paul Miller Don Bowen Planning Director Planner Plans Examiner ABSENT ELECTION OF OFFICER Mr. Davis made the motion to table this item until the next meeting. The motion was seconded by Ms. Spicer. The motion carried 4-0. AMENDMENTS TO RULES OF PROCEDURE Chairman Brock stated the changes presented will provide for officer elections in July instead of January, and require 72-hours notice for special meetings. Mr. Barfield made the motion to approve the changes as presented. The motion was seconded by Mr. Davis. The motion carried 4-0. CONSIDERATION OF MINUTES OF JUNE 22,1995 Ms. Spicer made the motion to approve the minutes as presented. The motion was seconded by Mr. Barfield. The motion carried 4-0. ZONING CASES 1. PZ 95-14 Public Hearing to consider the request of Brown & Root for a Special Use Permit for a Temporary Concrete Batching Plant on a portion of Tract 4, Walker Survey, Abstract 1652. This property is located at the northeast corner of Precinct Line Road and Grapevine Highway. Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Phillip Pfeffer, representing Brown & Root, Hurst, came forward to speak. He stated he will answer any questions the Commission has concerning the request. Chairman Brock asked how long the batching plant will be in operation. Mr. Pfeffer stated they hope to move it in initially in August. He stated they will use it for about two months and move it out. He stated they will move it in again in the fall or winter. Chairman Brock asked if Mr. Pfeffer would agree to an expiration date on the permit of 30 days after completion of the road. Mr. Pfeffer stated he would I ike to see a firm date of May 31, 1996. He stated the plant would be moved on and off the site for about two month intervals. Mr. Barfield asked if the plant would be fenced. PZ Minutes - Page 2 July 13, 1995 PLATS AND SUBDIVI 2. PS 95-28 3. PS 95-14 . .,._-_._~-~-_.,-----_.._---~...- Mr. Pfeffer stated no. He stated trucks would come and go from the site. Mr. Davis asked if children could get into the area. Mr. Pfeffer stated they could not get into the office areas because it is fenced. He stated they could get into the area of the batch plant. Mr. Davis stated it would be beneficial and safer if the area was secured with some type of fencing. Mr. Pfeffer stated they would meet the requirements of the city. He stated having the fence makes it more difficult to move equipment around. There being no one else wishing to speak, Chairman Brock closed the Public Hearing. Mr. Barfield made the motion to approve PZ 95-14 subject to the following requirements: the Special Use Permit expire 30 days after TxDOT accepts the improvements of Phase 1 of the Precinct Line Road project, and that the area surrounding the batching plant be fenced. The motion was seconded by Ms. Spicer. The motion carried 4-0. Ms. Spicer made the motion to approve PS 95-28. motion carried 4-0. Request of Venture Stores for Amended Plat of Lots 1 and 2, Block 1, Venture Addition property is located at the intersection of Davis Boulevard and Grapevine Highway. Mr. LeBaron stated the plat was submitted to relocate a lot line to avoid proble with a proposed pole sign. . Public Hearing to consider the request of John Prince for Replat f Lot 14 and a portion of Lot 15, Block 2, Briarwood Estates. This property is located in the 7 0 block of Hightower Drive. Chairman Brock opened the Public Hearing and called r those wishing to speak to come forward at this time. Mr. John Prince, 7925 Pebblebrook, Fort Wort Mr. Barfield asked if Mr. Prince would be pposed to requiring the house to face Sweetbriar Court. Mr. Prince the two adjacent lots hav ences that almost reach a point at that location. He stated he would not have a useable fro ard or an open view if that was required. Mr. Prince stated it is Mr. Davis stated e entire property should be replatted and he encouraged Mr. Prince to get the to join in the replat. Mr. Pri stated the reason Lot 15 is split is due to the owner of Lot 16 has a building that encr ches onto that lot. He stated the previous plat called for removal of the encroachment, but th was never realized. He stated the Public Works Department stated the owner of Lot 16 would ot be issued any building permits until the property was replatted. Zoning Case Review Fact Sheet Case No. PZ 95-14 Hearing Dates: PZ 7/13/95 CC 7/24/95 REQUEST: Special Use Permit for a Temporary Concrete Batching Plant APPLICANT: Brown & Root, Hurst TX PROPERTY OWNER: Aegon USA Realty Advisors Inc, Cedar Rapids IA SIZE AND LOCATION: The entire tract is approximately 34.83 acres located at the northwest corner of Precinct Line Road and Grapevine Highway. The actual permit site is 10,000 square feet (0.23 acres) located approximately 300 feet north of Grapevine Highway. SITE CHARACTERISTICS: Vacant PROPOSED USE: Temporary Concrete Batching Plant ALLOWED USE: Temporary Concrete Batching Plant allowed by Special Use Permit ADJACENT ZONING/LAND USES North C-2: vacant South C-2: vacant East unknown-City of Hurst: vacant property West 0-1: Aegon office building DRAINAGE According to Flood Insurance Rate Maps, this property does not lie within the 1 DO-year or 500-year flood plains. THOROUGHFARE PLAN Primary access to this property is from Precinct Line Road, classified as an M6D Minor Arterial. LAND USE MASTER PLAN The Comprehensive Land Use Master Plan calls for commercial development in this area. This request is consistent with the Plan. ZONING HISTORY This property was initially zoned AG Agriculture in 1967. In 1989, a zoning change request to C-2 Commercial was approved. · . '-^..."-_._.._~-_..._--,~,._-,--~--,,---^ APPLICATION FOR A SPECIAL USE PERMIT CITY OF NORTH RICHLAND HILLS 7301 N.E. LOOP 820 NORTH RICHLAND HILLS. TEXAS 76180 SIN¡SHi5Oe Please print all responses PART 1. APPLICANT INFORMATION NAME OF APPUCANT I AGENT: ,ð Y Ð ..y< '^- c¡- 0 é) .¡. STREET ADDRESS OF APPLICANÍ\ '3 /:;,. 0 5, r~e..G- I V1..-~f CITY I STATE I ZIP OF APPUCANT: f!¡.(,('$f Te.~s he-, J.... I VI- é:- ~J. 76ð53 Jf~?- ~7c¡ ~ PART 2. PROPERTY OWNER INFORMATION NAME OF PROPERTY OWNER: Ile Ov\.. US 14 STREET DRESS OF PROPERTY OWNER: 43·33 £j ~ AoI V IS () y,") IV/oC!....., ~oaj AlE c~da.v" TELEPHONE NUMBER OF PROPERTY OWNER: 2ò VV'a-- 91-99 3/q) 3q 8- to¡ q J./ J.. LEGAL DESCRIPTION OF E WHERE SPECIAL USE ÆRMIT IS BEING REOUES /.... ( c..., Wa. I k..e... ~ v<- yo V~ It b 5 ¡-('ð...J- J for r2. 0rac-f- 1- ~1 ' ~?, Ä(.. STREET ADDRESS AT LOCATION WHERE SPECIAL USE PERMIT IS BEING REOUESTED: rRD'3Q P('¿C-.IV\-c-+ L'VL,e- 1<.01. PART 3. DESCRIPTION OF REQUEST r.- / €. //VI. /J Ð Y' ó 'Î Y c.. Ö M t:.. ý' -<- '¡'-e.- I ~ C.O Y\. c v~fc- -If¡ ~ s I-r~~f- -P(' D..v1. r; /I ;).. (, -to D USE 9F fROPERTY: o or f t!J, IJ ÑL- Co }A. c- or e---Ie.- 13a f~1.. jJ k....,(- le- u.s-e~ fo (" ~c., fA. (.;f- CURRENT ZONING CLASSIFICATION: ADDiTIONAL COMMENTS: ATTACH SITE PI}H PER SPECIFICATIONS ON REVERSE SIDE OF THIS FDRM: m YES D NO I hereby certify that the fa egoing information is correct to the best of my knowledge. h. DATE: Your Name Ph P-4-r Signature SPECIAL USE PERMIT APROVED: CJ YES CJ NO PART 4. OFFICE USE ONLY P & Z PUBUC HEARING DATE: [ 2.. I l .;J ~5" CITY COUNCIL HEARING DATE: -¡ ( ~ I í5 YES DNa CASE NUMBER: PZ'15-.'4 YES DNa FEE $300.00 DAD. NO. 1IölJb ASSESSllAE~ PAID? ~ YES DNa Thi. lIIIIication w~1 no, t.. oche...led Ia- public ,,-..ing "".1 the application I.. io r""¡Y«!. Condiôons 01 Approvat SPECIAL USE PERMIT Pago 1 of 2 CD-414 (4-93) :~-.7_·~.~..~._...:_r.:_~~~.~_.;_t.~:~.:.'.:.·._.·.-.-.-_;.--..~.',.-..:.~... . --~ .--;0:.- ,_'-~-:.£~,;:-.;-.;.:~.·-j1 '..":":;':-."7--" - ~ ... ~. - _:::~'.~2':~::::'- ~.~. '.-- . . '.- -,,:--... ,~~~i~.-:;:~ ; ~.:.. ..__.:.,;-;:':':::".::: : ,-?~~.~._ ..--'~ ~.~t_-á .-t..:~-.:...".-'- .. ~ .._ ÞE-'" ..... ~ o " ø o~ J d:: CDU rv<i 0c:o lDr-- a:lD r-0 U lD- a:~ r-<:r (2 u If) r-- lD ° ..L \- 4.. \-\.Ù 00: 7..4. r-\~ °0 \.ÙtJ) 0: Cl- \- tf) -.:J :t:. ~-J ...~ ~ ~ g: t<\ .6< a: l r- ( U ( <i a: r- '::L 0: 4. Cl- ill t..) r-\ \l.- \l.- o 51· tEE g"£££ , -.f) r:L \3 ~ ill 'F ~Z~ £ r& Q) ri;(D.~ .:> IU 8 J) ~ $. J'I :z .:( I.Ù ë .J) ..§ ~ ~ a <!.. 7 ill t>L (:) ~ r:J. ùÎ~$ ::Z~\.J u « If) CT1 01 CT1 CT1 (\J ~ lil u- -'J ..J lL. £L 7- o t!) 0: \.Ù 4. rv oM CT11!) a: NITE LITE" Reflective Fencing AT LAST! A Highly Visible, Low Cost, Light Weight-' 24 Hour-Per-Day Solution For Many,Work Zone Problem Areas. Clearly delineates dangerous drop off from Closes on ramps and off ramps with no road widening, ditch, soft shoulder, etc. gaps or confusion. .; If',' . , . ~. -. Clearly delineates lanes through danger- ous or hard-to-follow tapers. SPECIFICA TION Retroreflective channelizer shall be PSS Night Lite TM Reflective Fencing (Product #NL48R3) as manufactured by Plastic Safety Systems, Inc., 2444 Baldwin Road, Cleveland, OH 44104. PSS NITE LITE is rust-proof, acid resistant, UV stabilized, non-toxic, non-conductive and maintenance-free. Ask for Free Video demonstration of actual installation (4 minutes). Made in U.S.A. r VISA, l....... III .t Øl~ f~U:~ ~ ~ jj-!H~"-f~1 "IB' . .... ~...'~.·~.....,tf !t::æ:!t+,:' " ~ Illiffi " .1 ~ ~ _.:":::' ~t~ ~ ~ ~ Wraps telephone and utility poles close to road or on dangerous curves for excellent night visibility. ~ ;. .. .~,. Eliminates driver confusion and guides driver through dangerous areas - day and night. Ideal for utility and other excavations within traffic lanes or close to edge of road. Also delineates pedestrian walkways. Product NITE LITE Reflective Fencing Color Fence Material Reflective Sheeting Roll Height Roll Length International Orange Polyolefin 3 bands, each 1 inch wide 4 feet 50 feet CALL TOLL FREE 1·800·662·6338 PLASTIC SAFETY SYSTEMS, INC. -.J P.O. Box 20140, Cleveland, Ohio 44120 216·231·8590 · FAX 216·231·2702 ~.:-: 1990 Plastic Safety SYstem, Inc. CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections ~ Council Meeting Date: 7/24/95 '--Subject: Request of Venture Stores for Amended Plat of Lots 1 Agenda Number: PS 95-28 and 2, Block 1, Venture Addition. (Located at the intersection of Davis Boulevard and Grapevine Highway.) Venture Stores is the owner of two lots located at the intersection of Davis Boulevard and Grapevine Highway. Venture has submitted an Amended Plat of the property for consideration by the City Council. The purpose of the Amended Plat is to relocate a property line at the southwest corner of the tract. The relocation of the lot line will prevent the pole sign for the future Venture store from being located off-premise. Additional water and sewer easements have also been added at this location to provide services to the smaller lot. State law allows an Amended Plat to be filed for this purpose. The Planning .and Zoning Commission considered this request at its July 13, 1995 meeting and recommended approval. RECOMMENDA TION: It is recommended that the City Council approve the recommendation of the Planning and Zoning ',,--- Commission. Source of Funds: Sonds (GO/Rev.) _.)perating Budget Other - Finance Review Acct. Number Sufficient Funds Available - ment Head Signature CITY COUNCIL ACTION ITEM . Finance Doreclo, :c ;o.J D -J , , , , , , , , , ' " ',~ d''\' ,J, ,4. "'0' ....~'.9 ., ,,' <" <'4" ...~ ',~ /" ~, ,0' " ~ " " 41)6'" , 0' W a o a· . co ON ()' .CO <oN >. -- ... ;: t: :=41 =>E .?:'- = C :;::;v ::>E . 41 ~~ I'W <r- N .::L. ..+J ·0 0 0 --.J . >. ... ... §¡¡ =>E . CI I()'" .0 I'W I() ~Oton ;<t"~<o,., ~~"'<ci II K C'\..,. U I ~ a:: I- ..J ..,. M. . av,S 51 A.IE Of IEXA.S Vol. 10922. Pg. 152 f Variable R.O. W. ) No. 1938 Bou\evard ) N I a) Q) () L- a « ¡m,®J (Q)~ p~ ~~ c:J®J (Q)I!!!!] @1[@) .¡/. ~ It) ~ L() -0 Q) ()) o Q.) c: m o N _0) t:r') t> Ec;. CIa. ., ~å I() ,,~ ...1 ;:c:c S~ --r ~ -~ L..-- 41 C -'-I ~E Q . en 00 _w ... !!: ~ on -3iN ß ~ i Ð \1.1 r4 Cii J. ~ ~-:1..::f r;J;) ~ . ~ (2 PZ Minutes - Page 2 July 13, 1995 Mr. Pfeffer stated they could not get into the office areas because it i get into the area of the batch plant. Mr. Pfeffer stated no. He stated trucks would come and go from the site. Mr. Davis asked if children could get into the area. Mr. Davis stated it would be beneficial and safer if the a was secured with some type of fencing. Mr. Pfeffer stated they would meet the require nts of the city. He stated having the fence makes it more difficult to move equipment aroun . speak, Chairman Brock closed the Public Hearing. Mr. Barfield made the m on to approve PZ 95-14 subject to the following requirements: the Special Use Permit Ire 30 days after TxDOT accepts the improvements of Phase 1 of the Precinct Line R project, and that the area surrounding the batching plant be fenced. The econded by Ms. Spicer. The motion carried 4-0. PLATS AND SUBDIVISIONS 2. PS 95-28 Request of Venture Stores for Amended Plat of Lots 1 and 2, Block 1, Venture Addition. This property is located at the intersection of Davis Boulevard and Grapevine Highway. Mr. LeBaron stated the plat was submitted to relocate a lot line to avoid problems with a proposed pole sign. Ms. Spicer made the motion to approve PS 95-28. The motion was seconded by Mr. Davis. The motion carried 4-0. 3. PS95-14 o 2, Briarwood Estates. This property is located in the 7800 block of Hightower Drive. 5, Chairm Brock opened the Public Hearing and called for those wishing to speak to come forward at this tim 7925 Pebblebrook, Fort Worth, came forward to speak. Mr. Prince would be opposed to requiring the house to face Sweetbriar Court. Mr. Prince the two adj ent lots have fences that almost reach a point at that location. He stated he would not have a usea Ie front yard or an open view if that was required. Mr. Davis stated the entire property sho d be replatted and he encouraged Mr. Prince to get the owner of Lot 16 to join in the replat. Mr. Davis asked about the eas Mr. Prince stated it is owned by th Mr. Prince stated the reason Lot 15 is split is du to the owner of Lot 16 has a building that encroaches onto that lot. He stated the previous at called for removal of the encroachment, but that was never realized. He stated the Public Work epartment stated the owner of Lot 16 would not be issued any building permits until the property s replatted. CITY OF NORTH RICHLAND HILLS Department: Legal Council Meeting Date: Authorization of Eminent Domain Proceeding on ~nda Number: Gr ~~J I Vèlll~y Dr ive Vv'idening Project - Resolution No. 95-36 7/24/95 GN 95-93 Subject: The City staff has made significant progress in purchasing right-of-way for the Green Valley Drive Widening Project at, or near, the appraised value. However, it appears we are not going to voluntarily settle those cases listed on the attached Resolution No. 95-36. Recommendation: It is recommended the City Council approve and authorize the Mayor to sign Resolution No. 95-36. :t'''..' Source of Funds: Bonds (GO/Rev.) " Operating Budget -, Other Finance Review Acct. Number Sufficient Funds Available FIMnce DIreC10r Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of RESOLUTION NO. 95-36 WHEREAS, the Public Works Department has attempted to negotiate a purchase of the right-of-way parcels below for the Green Valley Drive Widening Project; and WHEREAS, the efforts to purchase the needed right-of-way for the appraised value has not been successful. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The Attorney and Staff are authorized to commence and prosecute to completion eminent domain proceedings against the following: (1) Green Valley Drive Widening Project: Right-of-way parcel No.7, being 2.135 square feet from the front of Lot 4, College Acres, City of North Richland Hills, Tarrant County, Texas; (2) Green Valley Drive Widening Project: Right-of-way parcel No.8, being 2,791 square feet from the front of Lot 5, College Acres, City of North Richland Hills, Tarrant County, Texas; (3) Green Valley Drive Widening Project: Right-of-way Parcel No.9, being 2,147 square feet from the front of Lot 6, College Acres, City of North Rich/and Hills, Tarrant County, Texas. 2. The Council finds that each of the above right-of-way parcels is needed for a public municipal purpose and directs that eminent domain proceedings be used to procure the needed property if negotiation fails. PASSED AND APPROVED this 24th day of July, 1995. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City CITY OF NORTH RICHLAND HILLS Department: City Secretary Subject: Appointments to Cable TV Board Council Meeting Date: Agenda Number: 7/24/95 GN 95-94 Places 1 and 5 on the Cable TV Board are currently vacant. Mr. David F. Anderson has been recommended for appointment to Place 1 and Mr. James W. Allen, Sr. has been recommended for appointment to Place 5. Recommendation: It is recommended that City Council take action on the proposed appointments. Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget _ ~ Other _ o <:...~ ~..¿" ~ ~( c- Department Head Signature ( n C. :anager CITY COUNCIL ACTION ITEM Finance Director Page 1 of CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections '~-.:iubject: Amendments to Building Code regarding finished floor elevations for residential properties --.:.... Council Meeting Date: 7/24/95 Agenda Number: GN 95-95 Ordinance No. 2053 During the recent storms, a number of homes received low-water flooding from overflowing creeks, poor lot grading or due to inadequate foundation elevation. Staff conducted an on-site field analysis of those homes whose occupants contacted city hall regarding the flooding problems to determine the nature of the flooding and evaluate possible solutions. One of the recommendations being proposed is to amend the North Richland Hills Building Code (1) to require additional foundation elevation for newly constructed homes and (2) to establish lot grading standards for new homes. The current regulations require the foundations of new homes to be constructed a minimum of 12" above the curb at the center of the lot. However, the 12" is not adequate in some circumstances to provide adeql:'ate lot grading. The proposed amendment will require a minimum of 15" of foundation elevation above the curb at the center of the lot. This increase in foundation elevation will provide greater opportunity to grade the lots to comply with approved drainage plans. The regulations will allow an engineered drainage plan to be submitted in lieu of the 15" height criteria in those unusual situations where the 15" height criteria is inappropriate. The proposed Building Code amendment also establishes minimum lot grading criteria. The current ',- regulations only require that the lot provide for positive drainage away from the house. The proposed grading standards will require six inches of fall at a point ten feet from the structure. When the property line is less than ten feet from the structure, the six inches of fall is still required. On June 20, 1995, staff met with a group of local builders, developers, and engineers to obtain their . input. Their comments and suggestions have been incorporated into this proposal. A notice of the proposed ordinance has been mailed to all active builders inviting them to this Council meeting. Upon the adoption of this ordinance, the Inspection Department will begin requiring driveway inspections. The absence of any driveway inspection has contributed to some poor lot grading . problems in the past where the driveway blocked the natural lot drainage. Most of the neighboring cities currently require a driveway inspection, and this change would make us consistent with building prac~icesin the area. RECOMMENDATION: It is rècommended that the City Council approve Ordinance No. 2053. Source of Funds: Bonds (GO/Rev.) , Jperatlng Budget '-- Other - Finance Review Acct. Number Sufficient Funds Available ~ . FInance Dorec10r ment Head Signature CITY COUNCIL ACTION ITEM -- -.^.__....'^"'--_.~-_._---- ORDINANCE NO. 2053 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS AMENDING ORDINANCE NUMBER 1813, THE NORTH RICHLAND HILLS BUILDING CODE, AS AMENDED, TO REQUIRE A MINIMUM ELEVATION FOR THE CONSTRUCTION OF BUILDING FOUNDA TIONS; TO REQUIRE MINIMUM LOT DRAINAGE STANDARDS; TO REQUIRE A PAD SITE INSPECTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: I. THAT, Section 28, Ordinance 1813, as amended, is hereby amended to read as fo1Iows: Section 28. Finished Floor Elevation, Lot Drainage and Flood Protection _ Residential Dwellings This Section shall establish requirements for finished floor elevations and lot grading for residential dwellings. A. The finished floor elevation shall be set a minimum of 15" above the top of the curb at the centerline of the lot on an adjacent street frontage. However, additional finished floor elevation may be required to comply with the lot grading requirements of this Section. B. Lots shall be graded so as to drain surface water away from any pennanent structure. Drainage shall be consistent with the approved subdivision drainage plan, or approved plot plan, and comply with the following: 1. The grade away from a foundation wall shall fall a minimum of six inches (6") within the first ten feet (10'), except where restricted by a lot line, then the fall shall be a minimum of 6 inches (6") regardless of the horizontal distance available. However, no grade shall exceed a maximum 3 horizontal to 1 vertical (3: 1)(33.3%) grade. Any swales created through the application of these standards shall have a minimum grade of 1%. 2. Side yard slopes shall match the natural grade at the property line or may have side yard swales below natural grade if consistent with the drainage plan. When necessary to comply with these criteria, a retaining wall shall be constructed. 3. When satisfying the criteria contained in this Section, no finished floor elevation of a permanent building shall be set less than one and one-half (1.5') feet above the one hundred (100) year frequency stann water surface elevation, or the minimum elevation required by the Flood Damage Prevention Ordinance. C. Finished Lot Grade. To the maximum extent possible, there shall not be less than six inches (6"), nor more than eight inches (8"), of exposed foundation above the finished lot grade prior to the structure receiving its final inspection. D. A drainage plan sealed by a professional engineer, registered in the State of Texas, which shows the building footprint for the proposed structure may be submitted by the applicant in lieu of the criteria contained in this Section. The drainage plan submittal shall require approval of the Building Official and the Public Works Director. II. THAT, Ordinance 1813, as amended, is hereby amended to insert the following new Section: Section 29. Finished Floor Elevation, Lot Drainage and Flood Protection - Non-Residential Structures This Section shall establish requirements for finished floor elevations and lot grading for non- residential structures. A. A drainage plan sealed by a professional engineer, registered in the State of Texas, shall be submitted by the applicant of a building pennit. The drainage plan submittal shall require approval of the Building Official and the Public Works Director. B. When satisfying the criteria contained in this Section, no finished floor elevation of a pennanent building shall be set less than one and one-half (1.5') feet above the one hundred (100) year frequency stonn water surface elevation, or the minimum elevation required by the Flood Damage Prevention Ordinance. III. THAT, the remaining sections of Ordinance 1813, as amended, be renumbered consecutively. IV. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. V. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage. PASSED, AND APPROVED this 24th day of July, 1995 APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: ATTORNEY CITY OF NORTH RICHLAND HILLS .l Subject: Approval of CitiCable Charges for Service Agenda Number: 7/24/95 GN 95-96 Department: Finance Council Meeting Date: For the past several months the CitiCable Board has been reviewing with City staff various costs associated with providing CitiCable services to outside groups. Based on an analysis by the Finance Department and CitiCable staff, hourly rates have been identified for labor, equipment, supplies, and various other services provided by CitiCable. These are provided for your review on the attachment "Schedule A." The CitiCable Board recommends that these charges for CitiCable services be adopted and used for pricing its services to outside groups. In addition, the CitiCable Board recommends that charitable or non-profit groups be provided services at one-half the hourly minimum rate as stated in "Schedule A" Definitions for non-profit, charitable, and non- commercial organizations are included in the attached proposed CitiCable charges for service. The last recommendation of the Board is that these charges for services by CitiCable be periodically reviewed by CitiCable staff and City Management to determine if they are realistic and valid and if they are, that such rates be adjusted on an annual basis by the Consumer Price Index in order to keep them current each year. RECOMMENDATION: The CitiCable Board and City staff recommend that the Proposed CitiCable Charges for Service and "Schedule K be adopted. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ o er Acct. Number Suffic' nt Funds Available FIn8ftce Director Page 1 of PROPOSED CITICABLE CHARGES FOR SERVICE COMMERCIAL / BUSINESS RATES -- Commercial or businesses requesting Citicable services will be charged at the hourly minimum or per item rates as stated in Schedule A _ Citicable Charges for Service, June 1995. NOT-FaR-PROFIT. CHARITABLE. and NON-COMMERCIAL ORGANIZATION RATES- Not-for-profit, Charitable and Non-commercial organizations will be charged one-half the hourly minimum or per item rates as stated in Schedule A - Citicable Charges for Service, June 1995. Not-for-profit organizations are defined by virtue of their legal status which exempts them from taxation under specific provisions of the Internal Revenue Service Code including Sections 501, 521 J 526, 527, and 528. Charitable organizations include civic or community based groups or organizations whose mission and purpose it is to provide human services. Non-commercial organizations are defined as those organizations engaged in commerce or work without regard to profit. Other organizations may be considered as further approved by the Cable Board. INCREASES IN CHARGES FOR SERVICES - Charges for services outlined in Schedule A will be periodically reviewed by Citicable staff and City management to determine if they are realistic and valid, and such rates will be adjusted according to actual costs of Citicable Department operations. However, annually (in January) such charges will be adjusted by the annual Consumer Price Index of the D/FWarea. SCHEDULE A - CITICABLE CHARGES FOR SERVICE JUNE 1995 DESCRIPTION I PER ITEM I MINIMUM CHARGES I HOURLY RATE LABOR I Regular rate - During 40 hour workweek i Production Manager I I $18.00 Production Specialist I 14.00 Cable Assistant I 12.00 Contract Labor 6.00 Overtime rate - after 40 hour workweek I Production Manager 27.00 Production Specialist 21.00 Cable Assistant 18.00 Contract Labor 9.00 EQUIPMENT Professional Camcorder 16.00 Studio Camera 12.00 Tripod 2.00 Microphone 3.00 Monitor: Black & White 1.00 Color 2.00 Citicable Truck $500.00 MINIMUM I 8 HOURS 63.00 Citicable Studio $95.00 MINIMUM I 5 HOURS 19.00 SERVICES Editing 1 HOUR MINIMUM CHARGE 100.00 Scheduling 1 HOUR MINIMUM CHARGE 12.00 Duplication (flat rate) With tape provided by customer: $17.50 per tape With tape provided by City: $24.50 per tape SUPPLIES Tapes: Beta $45.00 per tape High 8 $12.00 per tape OTHER Off site vehicle expense 2.00 Rentals Actual Cost - - ,,-~. CITY OF- NORTH RICHLAND HILLS ',-- Department: Parks and Recreation Department Council Meeting Date: 7 -24-95 Subject: Public Hearino -Community Development Block Grant - Agenda Number: Resolution No. 95-39 GN 95,,:,97 The purpose of this Public Hearing is to receive citizen input regarding the 21st Year Plan for the CDBG Program. All citizens, groups and organizations of our City are welcomed to participate and be represented in the formulation of the 21st Year Plan. This Public Hearing is open for public advice, comments, complaints, questions or presentations of alternative proposals. The public may present their view in writing by obtaining a questionnaire from the City Secretary, completing it and returning it to her office. Based on discussions with the County concerning eligible CDBG Projects within our City, it is recommended that the 21st Year entitlement be allocated to the Bursey Road Senior Adult Center and a totally accessible playground for a neighborhood park on Glenview Road. RECOMMENDATION: ''--- It is recommended that City Council hold the required Public Hearing and approve ¡ Resolution No. 95-39. Attachment Finance Review Source of Funds: Acet. Number Bonds (GO/Rev.) Suffic'ent Funds Availab Operating Budget _ '''"' Other --~~ ~~ ==- ~ Departmen ead Signature CITY COUNCIL ACTION "EM L FlnMc:e Director . Page 1 of -:1- RESOLUT10N No. 95-39 RESOLUTION APPROVING AND ENDORSING THE 1995 COMMUNITY \. DEVELOPMENT PROJECT FOR THE CITY OF NORTH RICHLAND HILLS, TEXAS. WHEREAS, the City of North Richland Hills shares in a cooperative agreement with Tarrant County for essential community development assistance activities under Public Law 93-383, the Housing and Community Development Act of 1974, as amended; and WHEREAS, at least one public hearing for the purpose of identifying and discussing community development needs, and receiving and adopting Community Development Projects, has been duly held by the City of North Richland Hills; and WHEREAS, after said public hearing and due consideration, the Bursey Road Senior Adult Center and Glenview Park was determined to be eligible for funding under this Act, and approved for filing an application for said funding; and WHEREAS, it is understood that any funds not expended on the specifically approved project will revert to the Community Development Contingency Fund, and should any repayment of funds be required by HUD due to the ineligible or non-fundable projects, the City would be responsible for repayment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of North Richland Hills that said 1995 Community Development Project for the City of North , Richland Hills, Texas be approved and endorsed. PASSED AND APPROVED THIS 24th day of July, 1995. Tommy Brown, Mayor City of North Richland Hills ATTEST: Jeanette Rewis, City Secretary City of North Richland Hills APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City City of North Richland Hills CrTYOF NORTH RICHLANDHILLS ',- Department: Parks and Recreation Department Council Meeting Date: 7 -24-95 GN 95-98 Subject: Approving the ISTEA Fnhancement Gr::mt Agreement with Agenda Number: TxDOT for the Calloway Branch Trail Project - Resolution No. 95-38 The City of North Richland Hills has been awarded a $928,000 grant for development of the Calloway Branch Trail along the Calloway Branch Creek from Richland High School north to Little Bear Creek. The City's share is $194,880. The Texas Department of Transportation will administer the grant application in accordance with the terms and conditions of the Grant Agreement. Upon adoption of the resolution approving the agreement, TxDOT requires 10% of the City's share, $19,488 to be deposited in an escrow account in order to begin work on the project. In the recently submitted Parks and Recreation Facility Development CIP, funding for the execution of the Grant Agreement is shown in the revised FY 94/95. Once the Grant Agreement is executed, a consultant will be selected in accordance with TxDOT policies and guidelines. Upon completion of the plans and specifications, the remainder of the City's share, $175,392, will be required by TxDOT. TxDOT will then bid the project and administer the construction contract. '--- RECOMMENDATION: It is recommended that Council adopt Resolution No. 95-38 authorizing the execution of the Grant Agreement with the Texas Department of Transportation for the Calloway Branch Trail Project. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ ::>ther Acct. Number Suffic' nt Funds Availabl FlnMce Director - ~C-~~ &-_ _ ~ Department Head Signature CITY COUNCIL ACTION "EM Page 1_of ~ RESOLUTION NO. 95-38 A RESOLUTION APPROVING THE EXECUTION OF THE ISTEA ENHANCEMENT GRANT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CALLOWAY BRANCH TRAIL PROJECT; AND APPROVING AN EFFECTIVE DATE. WHEREAS, the City Wide Trail Plan identified the Calloway Branch Trail as a significant regional transportation enhancement project for pedestrians and bicyclists; and WHEREAS, the City applied for and has been awarded statewide transportation enhancement program grant funds for development of the Calloway Branch Trail; and WHEREAS, the City Council has designated funding for the City's share of the Calloway Branch Trail Project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS HEREBY RESOLVES: SECTION I. The City Council hereby authorizes and directs its City Manager to execute the ISTEA Enhancement Grant Agreement with the Texas Department of Transportat'ion for the Calloway Branch Trail Project. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of July 1995. Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary BY: Approved as to legal form: Rex McEntire, Attorney for the City BY: CITY OF NORTH RICHLAND HILLS Subject: Legal Watauga v. NRH lawsuit negotiations; Resolution NO. 9b-44 Council Meeting Date: Department: Agenda Number: 7/?4/95 GN 95-99 The two Cities involved in the lawsuit concerning the value of that portion of the Water and Sewer System Watauga wants to buy have agreed to attempt negotiations through the City Managers. Resolution No. 95-44 authorizes the City Manager to execute the Rules Governing Settlement Negotiations. Recommendation: It is recommended the City Council approve Resolution No. 95-44. Finance Review Source of Funds: Bonds (GO/Rev.) //' ~fhe:~tin~g~.get;f/·· ~< C'~ ~ ! Il / "--" Depal-tí élÓYHead Signature CITY COUNCIL ACTION ITEM ~ ~ Acct. N urn be r Sufficient Funds Avail ble Fin...... OlreClot Page 1 of RESOLUTION NO. 95-44 WHEREAS, the City Councils of this City and the City of Watauga have authorized the City Managers of the two cities to enter into negotiations in an attempt to place a value on the utility system that Watauga wishes to buy from North Richland Hills; and WHEREAS, in order to facilitate those contemplated sessions of negotiation certain rules have been promulgated by the parties which are attached hereto and marked Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby authorized to execute the Rules Governing Settlement Negotiations (Exhibit "A") as the act and deed of the City. PASSED AND APPROVED this 24th day of July, 1995. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City CAUSE NO. 236-155408-94 THE CITY OF WATAUGA, TEXAS § § § § § § TARRANT COUNTY, TEXAS IN THE DISTRICT COURT vs. THE CITY OF NORTH RICHLAND HILLS, TEXAS 236TH JUDICIAL DISTRICT RULES GOVERNING SETTLEMENT NEGOTIATION The City Councils of Watauga and North Richland Hills have agreed to permit the City Managers of the two cities, along with an engineer to be chosen by each City Manager, to meet iu.an effort to settle the value of the system that Watauga wishes to purchase by negotiation rather than trial. By his signature below each City Manager represents that he has the authority to sign this document and that its content has been approved by the City Council. 1. No agreement reached by the City Managers shall be binding until approved by each City Council. 2. If any agreement is reached by the City Managers, and that agreement is later disapproved by either City Council, the fact that agreement was reached by the City Managers can never be used in evidence in the trial of this case, if that be necessary, except as provided by Tex. R. Civ. Evid. 408. 3. Unless the parties agree otherwise, in writing, all matters, including the conduct and demeanor of any person involved in the negotiations during the settlement process are confidential and may never be disclosed to anyone, including the appointing council of each City Manager, except the attorneys for Watauga and North Richland Hills. Each City Manager shall be entitled to consult with attorneys of their choice throughout the discussions or negotiations. This rule is designed to promote settlement by restricting the City Managers to bringing back to the respective City Councils objective reports of the end product of negotiations as they occur. The rule shall not prohibit the City Managers from factually reporting the reasons given by the other party for a position taken on the value of the system in question. 4. Any notes or memoranda made by either City Manager (or engineer) during negotiations shall be confidential and not subject to discovery in this case. Also, in accordance with Tex. R. Civ. Evid. 408, evidence of conduct or statements made during these discussions 12 1 2IOOO-OO2.SET EXHIBIT nAn and negotiations shall not be admissible in the trial, if any, in the above-referenced cause of action. CITY OF WATAUGA, TEXAS By: -;ék~~f~ - City Manager CITY OF NORTH RICHLAND HILLS, TEXAS By: City Manager 12/2!OOO-002.SET 2 EXHIBIT "A" CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 7/24/95 Subject: Approve Flood Damage Prevention Ordinance No. 2061 Agenda Number: GN 95-100 The Federal Emergency Management Agency (FEMA) requires the municipalities involved in the National Flood Insurance Program (NFIP) to periodically update their Flood Damage Prevention Ordinance. This ordinance is required to be in effect if the City is to be a member of the NFIP and receive subsidized flood insurance for its residents. The attached ordinance reflects the required revisions in accordance with FEMA's instructions. The part to be removed is marked out and the portion to be added to the original Ordinance No. 1471 is underlined. Recommendation: Staff recommends Council approve Ordinance No. 2061. "'-...- Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Ot e Acct. Number Sufficient Funds Available Finance Director Page 1 of ORDINANCE NO. 2061 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that: 1. Ordinance No. 1471 be, and is hereby, repealed. 2. The following ordinance is hereby adopted as the Flood Damage Prevention Ordinance of the City of North Richland Hills, Texas. 3. This ordinance shall be in full force and effect from date of passage and approval. PASSED AND APPROVED this the 24th day of July, 1995. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City FLOOD DAMAGE PREVENTION ORDINANCE T ABLE OF CONTENTS Page ARTICLE 1 - STATUTORY AUTHORIZATION, FINDINGS, PURPOSE & METHODS. 2 Section A. Statutory Authorization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section B. Findings of Fact .................................... 2 Section C. Statement of Purpose ................................. 2 Section D. Methods of Reducing Flood Losses . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 2 - DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 3 - GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section A - Lands to which this Ordinance Applies . . . . . . . . . . . . . . . . . . . . . . 9 Section B - Basis for Establishing the Areas of Special Flood Hazard .......... 9 Section C - Establishment of Development Permit ...................... 9 Section D - Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section E - Abrogation and Greater Restrictions . . . . . . . . . . . . . . . . . . . . . . . . 9 Section F - Interpretation ...................................... 9 Section G - Warning and Disclaimer or Liability ....................... 9 ARTICLE 4 - AD MINIS TRA TION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 10 Section A - Designation of the Flood Plain Administrator . . . . . . . . . . . . . . . .. 10 Section B - Duties and Responsibilities of the Flood Plain Administrator ....... 10 Section C - Permit Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 Section D - Variance Procedures ................................ 12 ARTICLE 5 - PROVISIONS FOR FLOOD HAZARD REDUCTION ............. 13 Section A - General Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 Section B - Specific Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 Section C - Standards for Subdivision Proposals. . . . . . . . . . . . . . . . . . . . . .. 16 Section D - Standards for Areas of Shallow Flooding (AO/ AH Zones) . . . . . . . .. 16 Section E - Floodways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17 ARTICLE 6 - SAVINGS CLAUSE AND CIVIL ENFORCEMENT. . . . . . . . . . . . . " 17 FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS Section A. Statutory Authorization The Legislature of the State of Texas has in Vernon Annotated Civil Statues Article 962, delegated the responsibility to local governmental units to adopt regulations designated to minimize flood losses. Therefore, the City Council of the City of North Richland Hills, Texas does ordain as follows: Section B. Findings of Fact 1. The flood hazards areas of the City of North Richland Hills are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. 2. These flood losses are created by the cumulative effect of obstructions in Flood Plains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. Section C. Statement of Purpose It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in flood plains; 6. Help maintain a stable tax base by providing for the sound use and development of flood- prone areas in such a manner as to minimize future flood blight areas; and, 7. Insure that potential buyers are notified that property is in a flood area. Page 2 City of North Richland Hills, Texas Flood Damaf(e Prevention Ordinance Section D. Methods of Reducing Flood Losses In order to accomplish its purposes, this ordinance uses the following methods: 1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; 4. Control filling, grading, dredging, and other development which may increase flood damage; 5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. ARTICLE 2 - DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. ALLUVIAL FAN FLOODING means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes or erosion, sediment transport, and deposition; and unpredictable flow paths. APEX means a point on a alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. APPEAL means a request for a review of the Flood Plain Administrator's interpretation of any provision of this ordinance or a request for a variance. AREA OF SHALLOW FLOODING means a designated AO, AH, or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FIRM. After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, AI-3D, AE. A29.., va or VI-3D, VE or V.. Page 3 City of North Richland Hills, Texas Flood Damage Prevention Ordinance BASE FLOOD means the flood having a one percent chance of being equaled or exceeded in any . . given year. BASEMENT means any area of the building having its floor subgrade (below the ground level) on all sides. CRITICAL FEATURE means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or stora.ge of equipment or materials.. ELEVATED BUILDING means a non basement building built, in the case of a building in Zones AI-3D, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones VI-3D, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones AI-3D, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also incudes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones VI-3D, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 6D.3(e)(5) of the National Flood Insurance Program regulations. EXISTING CONSTRUCTION means for the purposes of deten1Úning rates, structures for which the "start of construction" commenced before the effective date of the FIRM of or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures. " EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or subdivision for which the construction of facilities for servicing the 16ts on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the flood plain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means the preparation of additional sites by the construction of facilities for servicing the Jots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD OR FLOODING means a general and temporary condition of partial or complete inundation of normally dry land areas from: Page 4 City of North Richland Hills, Texas Flood Damaxe Prevention Ordinance (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. ill The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm., QI' by an unanticipated force of nature, such as flash flood. FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY is the. offic~a1 l~f>0lt plov~d~d by the r~de.la1 EJiI:~lgCliCY Mallagelllelit Agelicy. Tile lepolt COIi~J¡S flood plofiles, the \Valel smface eleva~oll of tile base flood, as well as tile nood Doulldà.ly-nood~ay Map. Means an examination, evaluation and determination of flood hazards and corresponding water surface elevations. FLOOD PLAIN OR FLOOD-PRONE AREA means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOOD PLAIN MANAGEMENT means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and flood plain management regulations. FLOOD PLAIN MANAGEMENT REGULATIONS means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOOD PROOFING means any combination of structural and non-structural additions, changes, or acljustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOOD PROTECTION SYSTEM SERVICES means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOODW A Y (REGULA TORY FLOODW A Y) means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Page 5 City of North Richland Hills, Texas Flood Damaf:e Prevention Ordinance FUNCTIONALLY DEPENDENT USE means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long term storage or related manufacturing facilities. IDGHEST ADJACENT GRADE means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE means any structure that is: (1) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior:) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (a)By an approved state program as determined by the Secretary of the Interior; QL.. (b)Directly by the Secretary of the Interior in states without approved programs. LEVEE means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated n accordance with sound engineering practices. WWEST FWOR means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. For flood plain management purposes the term "manufactured Page 6 City of North Richland Hills, Texas Flood Damage Prevention Ordino.nce home" also includes park trailers, travel trailers, and other similar recreational vehicles placed on a site for greater than 180 consecutive days. fo! i1lsurance pUlposes tIle tel1ll "rlla.nufactured llome" does 1Iot include park tra..ikrs, travel t!a..ikrs, al1d otller sinlaar velâdes. MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NE\V CONSTRUCTION nl~lIs, £o! flood pla..ili rllanagelllcnt pUlposes, stwcturcs £01 "'¡Iiell tile "staIt of COl1st1uctlon" conllllenced 011 or after the effective. datc of a flood pla..ili marlàgc.melit regulatloh adopted by a COllllllUllity. NEW CONSTRUCTION means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For flood plain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of flood plain management regulations adopted by a community. RECREATIONAL VEHICLE means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self- propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. START OF CONSTRUCTION (for other than new construction or substantial improvements under the Coastal Barrier Resources Act, Pub. L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main Page 7 City of North Richland Hills, Texas Flood Dama!?e Prevention Ordinarn:e structure. SPECIAL FLOOD HAZARD - see "Area of Special Flood Hazard". STRUCTURE means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground as well as a manufactured home. SUBSTANTIAL DAMAGE means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL ThlPROVEMENT llleallS allY 1epaÜ, leconstruct~o¡, or Inlp10vellle¡t of a sbuctUle, tIle cost of which equals 01 exceeds 50% of tIle 111ò.Iket value of tIle. stluctu1e eitller, (1) befo1e the Illlp10vellle¡t 01 lepai1 is started, or (2) ~f tile. stlUctule has been dalllagcd aj¡d ~s beillg lestored, befoIe tIle dalllage occul1ed. rOI thc pUlpose of tIlls defÏiât!oh "substaJltial Îillp10vel1leJit" Is co¡sideIed to OCCUl wllell tIiI~ £'1,st altelat~O¡ of <ill) wall, ce.illng, fioO!, or othel stlllctural paIt of tIle bulldi¡g COlllllle¡CeS, wlletIler 01 ¡ot tIlat altelat~oll affects the exteulal dilllensloJis of tIle StluctUIe.. Tile te1m docs not, Ilo~e.vel, ~ildudc eitllcr (1) an) plOject fOl iÜlproVelJlelit of a sb. uCtU1e. to COJllply ~ ith cAistillg state 01 local k.altIl, S<illÎt.ù}, or 5àfet} code specifica.tiolis ~hidl <ile solely liecessò.J.y to aSSUle. safe l~vlng COllditiOliS, 01 (2) <ill} altelatioll of a Stl ucture l~sted 011 tIle National Reglstel of Historic Place.s 01 a State Imentor y of Historic Places. SUBSTANTIAL IMPROVEMENT means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of constmction" of the improvement. This includes structures which have incurred "substantial damage", regardless of the actual repair 'work performed. The term does not, however, include either 0) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety codes specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions or (ii) any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE is a grant of relief to a person from the requirements of this ordinance. w lie¡ specific enforcelllellt would rcsult ili unlieCCSSclly hclldslâp. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. VIOLATION means the failure of a structure of other development to be fully compliant with the community's flood plain management regulations. A structure or other development without a Development Permit or Elevation Certificate, or other evidence of compliance as required by this ordinance or the applicable sections of the National Flood Insurance Program Regulations SectIon GO. J (b) (5) , (c)(4), (c)(lO), (d)(J), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION means the height, in relation to the national Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various Page 8 City of North Rich/and Hills, Texas Flood Damaxe Prevention Ordin£l1u:e magnitudes and frequencies in the flood plains of coastal or riverain areas. ARTICLE 3 - GENERAL PROVISIONS Section A - Lands to which this Ordinance Applies This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of North Richland Hills. Section B - Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study fOl tl1\~ City of NOItl1 Richla1ld I Iills " , datro NOvelllbeI 1985 - Tarrant County, Texas", dated January 1993 with accompanying Flood Insurance Rate Maps and nood nound.1ly-noodv»ay Maps (FIRM) alid rnrM) and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. Section C - Establishment of Development Permit A Development Permit shall be required to ensure conformance with the provisions of this ordinance. Section D - Compliance No structure or land shall hereafter be located, altered or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. Section E - Abrogation and Greater Restrictions This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section F - Interpretation In the interpretation and application of this ordinance, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit or repeal any other powers granted under State statues. Section G - Warning and Disclaimer or Liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses Page 9 City of North Richland Hills. Texas Flood Dama!?e Prevention Ordinance permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of North Richland Hills or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. ARTICLE 4 - ADMINISTRATION Section A - Designation of the Flood Plain Administrator The Director of Planning aJ¡d DcvelopllleJ¡t Public Works is hereby appointed as the Flood Plain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to flood plain management. Section B - Duties and Responsibilities of the Flood Plain Administrator Duties and responsibilities of the Flood Plain Administrator shall include, but not be limited to, the following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. 2. Review permit application to determine whether proposed building site including the placement of manufactured homes will be reasonably safe from flooding. 3. Review, approve or deny all applications for development permits required by adoption of this ordinance. 4. Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. 5. Where interpretation is needed as to the exact location pf the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Flood Plain Administrator shall make the necessary interpretation. G. Notify adjaceJ¡t con¡JlluJ¡itic.s alid tile D~vision of LnlelgeJ¡c)' maJ¡agemcnt Texa.s WateI COllllllission pliol to all} altelat;oll \II Idocatioll of a \VatCI coursc, and subnlit c.v~dcJ¡cc of Stich J¡otification to tk [edclal LIIICIgC/iC)' MaJ¡agclllcllt Agcllc)'. ~ Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is Texas Natural Resource and Conservation Commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. Page 10 City of North Richland Hills, Texas Flood DamaRe Prevention Ordinance 7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. 8. When base flood elevation data and flood way data has not been provided in accordance with Article 3, Section B, the Flood Plain Administrator shall obtain review and reasonably utilize any base flood elevation data and flood way data available from a Federal, State, or other source, in order to administer the provisions of Article 5. 9. When a regulatory flood way has not been designated, the Flood Plain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones AI-3D and AE on the Community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. .ill.. Under provisions of 44 CFR Chapter 1, Section 65.12. of the National Flood Insurance Program regulations, a community may approve certain development in Zones AI-3D, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision throueh FEMA. Section C - Permit Procedures 1. Application for a Development Permit shall be presented to the Flood Plain Administrator on forms furnished by him/her and may include, but not be limited to plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: a. Elevation in relation to mean sea level, of the lowest floor (including basement) of all ploposcd stlUGtules new and substantially improved structures; b. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; c. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section B (2); d. Description of the extend to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. e. Maintain a record of all such information in accordance with Article 4, Section B (1). Page 11 City of North Richland Hills, Texas Flood Dama!?e Prevention Ordinaru:e 2. Approval or denial of a Development Permit by the Flood Plain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors; a. The danger to life and property due to flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; c. The danger that materials may be swept onto other lands to the injury of others; d. The compatibility of the proposed use with existing and anticipated development; e. The safety of access to the property in times of flood for ordinary and emergency vehicles. f. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; g. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; h. The necessity to the facility of a waterfront location, where applicable; 1. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; J. The relationship of the proposed use to the comprehensive plan for that area. Section D - Variance Procedures 1. The Board of Adjustment as established by the City of North Richland Hills shall hear and render judgement on requests for variances from the requirements of this ordinance. 2. The Board of Adjustment shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Flood Plain Administrator in the enforcement or administration of this ordinance. 3. Any person or persons aggrieved by the decision of the Board of Adjustment may appeal such decision in the courts of competent jurisdiction. 4. The Flood Plain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. 5. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, Page 12 City of North Richland Hills, Texas Flood Damage Prevention Ordinance without regard to the procedures set forth in the reminder of this ordinance. 6. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or else in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the one- half acre, the technical justification required for issuing the variance increases. 7. Upon consideration of the factors noted above and the intent of this ordinance, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section C). 8. Variances shall not be issued within any designated flood way if any increase in the flood levels during the base flood discharge would result. ~ Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the stnlcture. 10. Prerequisites for granting variances: a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b. Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting form the reduced lowest floor elevation. 11. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Article 4, Section D (1-9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. ARTICLE 5 - PROVISIONS FOR FLOOD HAZARD REDUCTION Section A - General Standards Page 13 City of North Richland Hills, Texas Flood Damaf?e Prevention Ordinance In all areas of special flood hazards, the following provisions are required for an new construction and substantial improvements: 1. All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 2. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. 3. All new construction or substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 4. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. 6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters. 7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Section B - Specific Standards In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B (ii) Article 4, Section B(8); or (iii) Article 5, Section C(3), the following provisions are required: 1. Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Flood Plain Administrator that the standard of this subsection as proposed in Article 4, Section C(l)a, is satisfied. 2. Non residential Construction - new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic Page 14 Ci 0 North Richland Hills, Texas Flood Dama e Prevention Ordinance loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Flood Plain Administrator. 3. Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4. Manufactured Homes a. Require that all manufactured homes to be placed within. Zone A on the communities FIRM, shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. b. All manufactured homes shall be in compliance with Article 5, Section B(l). c. Require that all manufactured homes to be placed or substantially improved within Zones AI-3D, AH and AE on the community's FIRM be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation; and be anchored to an adequately anchored foundation system in accordance with the provision of Section B( 4) of this Article. 5... Recreational 'l[ehciles - require that recreatiQnal ~ehciles pl&ceQ on sites ~i~~~ ~~;~ A~o 30, AH, and AE on the community's FIRM either (i) be on the site fo e 1 0 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the per~it reu¡rement, Qf Article 4. SectiQD CO), and the. eleva~ion and anchoriI12' requ:~:~~~ii "manufacutured homes" In paragraph (4) of thIS sectIon. A recreatIon;1 veh 1 Page 15 City of North Rich/and Hills, Texas Flood Dama!:e Prevention OrdiIWnce for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. Section C - Standards for Subdivision Proposals 1. All subdivision proposals shall be consistent with Article 1, Sections B, C, and D of this ordinance. 2. All proposals for the development of subdivisions includiJlg ulaJlufactuicd Ilom~ palks a.1ld subdivisioJ¡s shall met Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions or Article 5 of this ordinance. 3. Base flood elevation data shall be generated for subdivision proposals and other proposed development which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B(8) of this ordinance. 4. All subdivision proposals iuc.1udiJlg JliaJIUfa.GtuI~d J¡OIIl~ palk.s àJld subdi v isiol1s shall have adequate drainage provided to reduce exposure to flood hazards. 5. All subdivision proposals iJ¡c!udillg Ihaliufactuled IIOIII~ palks aJld sllbdivisioliS shall have public utilities and facilities such as sewer, gas, electric and water systems located and constructed to minimize or eliminate flood damage. Section D - Standards for Areas of Sha110w Flooding (AO/ AH Zones) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: 1. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least (1-1/2 feet) one and one-half feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified). 2. All new construction and substantial improvements of nonresidential structures: (a) have the lowest floor (including basement) elevated above the highest adjacent grade at least (1-1/2 feet) one and one-half feet higher than the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or; (b) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to Page 16 City of North Richland Hills, Texas Flood Dam£lf?e Prevention Ordirzanu the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. 3. A registered professional engineer or architect shall submit a certification to the Flood Plain Administrator that the standards of this Section, as proposed in Article 4, Section C(1)(a), are satisfied. 4. Require within Zones AH and AO, adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. Section E - Floodways Floodways - located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the flood way is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions, shall apply. 1. r:1Kioad¡Jlh~lIts ate piollibitcd, ilidud~lIg fill, IIC.vv c.onstl UCl~OIi, 5ubsla.iltal impiOvc.lIlelils alid otller developnKl1t uliless ceitificat~oll by a piof'essiollal i~gistC.ied elig~l1ea 01 ardâtcct is piovided delllollsllatitlg that eJlcioad¡Jllelits sllall IIOt result ~n ÀUY "adverse effect" 011 tIle catlyilig capacity of the lOO-yeat flood pial Ii dUI~llg the OCCUilellce of tho base flood disdlatgo. 1.. Encroachments are prohibited, including fill. new construction. substantial improvements and other development within the adopted regulatory flood way unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standardard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. 2. If Article 5, Section E(1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. ARTICLE 6 - SAVINGS CLAUSE AND CIVIL ENFORCEMENT A. If any portion of this ordinance is declared to be invalid it shall not affect the remaining valid portions. B. The reference in this ordinance to regulation of any activity which is precluded or regulated by the Zoning Ordinance or other ordinances of the City shall not be construed to allow such activity or to alter the terms of the Zoning Ordinance or other ordinances pertaining to particular land use or development. C. The City shall have the right to enforce this ordinance by civil action in a court of competent jurisdiction. Page 17 Ci 0 North Richland Hills, Texas Flood Dama e Prevention Ordinance It is hereby found and declared by the City of North Richland Hills that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program; and in order to effectively remedy the situation described herein, it is necessary that this ordinance become effective immediately. Therefore, an emergency is hereby declared to exist, and this ordinance, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval. Page 18 CITY OF NORTH RICHLAND HILLS Department: Finance / Management Services Council Meeting Date: 7/24/95 Subject: Authorization to Purchase Fuel on "Spot MarkAt Ra~i~" Agenda Number: PU 95-44 For several years City Council has authorized the City Manager and Staff to purchase gasoline and diesel fuel on a "spot market basis." This method involves obtaining three bids over the telephone and awarding the bid to the low bidder. In the past this method has proved to be the most cost effective way to purchase fuel. Recommendation: It is recommended City Council authorize the City Manager and Staff to purchase gasoline and diesel fuel on a "spot market basis." '- Finance Review Source of Funds: Bonds (GO/Rev.) Operating BUdge~t -- Oth~ ~J;~~ ff ~ Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number S uffi ¡ent Funds Available 06-01-03-2960 Finance Director Page 1 of CITY OF NORTH RICHLAND HILLS '-- Department: Finance / Management Services Council Meeting Date: 7/24/95 Subject: Award Bid for the Renovation of Municipal Court Agenda Number: PU 95-45 In the 1994/95 approved budget Council appropriated funds for the renovation of the Municipal Court records area. This renovation will create a more efficient work environment for Court employees and add additional space for files. Formal bids were solicited and the results are outlined below. Team Design $29,500 $32,860 Marshall Construction Employees and equipment will be relocated and construction shall be coordinated so that normal service to the public may continue with as little inconvenience as possible. Team Design met the specifications and general conditions of the bid and assures Staff the project can be completed within the time schedule outlined in the specifications. '- Recommendation: It is recommended City Council award the bid for the Municipal Court records area renovation to Team Design in the amount of $29,500. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number 06-01-02-6200 Suffici nt Funds Availa Finance Director ead Signature C"Y COUNCIL ACTION "EM Page 1 of CITY OF NORTH RICHLAND HILLS DepartmentFinance Council Meeting Date: 7/24/95 Subject Award Bid for Commercial Lot A3, Richland Plaza Addition Agenda Number: PU 95-46 On January 22, 1990 City Council accepted a gift of two parcels of property located in the Richland Plaza Addition ( map attached ). Since this date, Staff has been directed to sell the property located at 6451 Grapevine Highway (formerly Kentucky Fried Chicken) on several occasions. Bids for the proposed sale were accepted once again and the results are listed below. Clarence Huffman $7,500 $22,000 Minh Bui Recommendation: It is recommended City Council award the bid for sale of the property located at 6451 Grapevine to Minh Bui in the amount of $22,000. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Oth Acct. Number Sufficient Funds Available Fln8nc:e Director Page 1 of j ~ ~ ~ ~ =1 .. o ~ , '" ~ ; ;; n,. 0" , ,,, .. ~,,, .... ~~~ ..'" 0_ , n 00 ..-g g~~ 0'_ ,-.. ~~o. .. '" . 0 O~_ ~o.. ~ - ...." ,'" "'- ~oo ~g, .... ''''~ ~ ~,.. ~o .. 0 ,'" 0.... "'''' .." 0 0- -, ~~ .." ,- c- ..- c~ ," "" ~*~ I"'J ~ ~ ~ :t ~ ~ ~ ~ ~ ~~ ~ ~ ~ ,. ~ f ~ ~ :t .... o ~ 0 .. .. o ~ 0 o '" ~D '" 0 '" I I ~ ~ '" '" I I I I '" I I 0'" '" 0 '" ~~ ~ o .. "'", '" ~ '" , , '" I '< I , , ~ ~ I I '" g;;, '" '" ~ '" '" '" '" '" '" ~ ~ 0 0 0 '\ ~ ~ 'Y ... w .. Ü. ;: w :ö : õ " .. 0 ~ ~ :õ ;; ::. .. , c: P\, '" ~ ~ µ¡ ,. þoo UI - '" w . '" .. ... .. Z - '" w . ... .. ... (I -< ,... - VINCE 5T 0 I!:I~ - z ~ -< '" ~ Q! I!I ~ w ::: w ~ II: w ~ :: : ... x ... '" . .. :D H o :I:. ~ç .. 'Z. ~~ \ '}> N '}> ~ ~ . ~ ~ ~ ".3:. ~ 11\' 'þoc.r t?\ \"D-<.~ \D<-z. ~ \JIm" W-<'':I. ~ '" f--- ~ D~" :!i:)l .... W I---- (J) n_ ~ . ~ ,.. 5 - ~ i "tI ... r- ,. N ,. o D , . " , ,I,", , ~ ::. I ....{'¡;;:'W/Ñ: .. - " .. ;~~~r::N - . o r¡ ~ ::: -- 27 ~ ~ ~ ::! ~ ~ ROGENE 5T i ) \ ~ I ~~. ..~'" ~'J~~ ~ ar!llo¡:¡~!~ "~co ~..!:.i!t ,tk ... ~ - ð> ;: W i ~ ~ ~ ?1"o,,¿. ¡:t."", .;-; ,,:... ' " - () ~ n ~~ co ~ . W ~ _ "" .. ,"" "'0 ... V W ~- ~ . ~ '" 0 _ ~.. ~ : ~ w'" j g ~ '" _" ~ ~ r--r--~Nr-t-DE Sr ----=- ~ . :tz -9/~~~.9j.. :ö:õ.... ...r--~ü. ... - :ö ('1t~ +k-- - .. ~- 12 ('\ ~ of ~ n.. 1;; -=-;: . $t ... .. ¡ ;: w ª [< W $ õ: _ ~ ~~ ~ ~ w ;: ü. .. ::. _ ~ ê -L r--;- ¿ w ~ «' ~ '«~ +~ 80 co. (I '" ¡--- .. Co - ,)" .. ~ ('''''~ <1. "'lêt¡ _ -< '" ~ .. ~ ~ UI ........ ~ IV ). ~ Ið Sr ... W N... .. Q\.(~ .... .. '--- . - ::. - 'd. (II ... ,......+ ~ f'I,J IU W Õ - ~ ..'" c!. ... ff '" ~ ~'" ~_ r... I-- f ~ I::;... .. ." 1-.... ~.5' A ...... õ r-'::j;- ~ W :ö "'Q ~ "'ID 18.. i- _ ... ::;.... b ;>:.s-~ ~ (j) .. h-:- ~-~r::f;J :'ë ~ "'_,........ .",' ~)- '\ õ ->---- "'.. w ~ wi.. ;::¡ :-w- ::;1 _'\ ~ .. -r-:- w?g, '" \- n '" : ~~ '0' ~ ~ ~'" - ;: ~ - ~: ... ~ - / ;"'- '\ ~ : ;;;0 I ;> /~} '\ r:::-r J.ðð ~ ~ g g ~ _ _ _ _ _ _ _ _ _RU~O~ _ _ _ _ _.~__~ -m.--- - g :ö - gr--:- - ~ ¡; - g - ... g r.. ~ (;> J I '" '" : '" -=- '" ::. '" ~ '" '" :-~ '( _l~l__ (oj 8 õ W (oj ~... ..~~" to' . ~ to ê. . '" ~ .. W ~ W ,,\ 0 ..:- ~0i :: :J: )Þ m ~ -'~~,,~:æ:gl tf) CI' uo ~ œ IJI . ~ t;. ~ n ~ . .£1J...., 1 t I ¡--- ~ 01 ~ \--- x \.... ~ 1 I I I ...... en en CJI "'0 :: UI!:II ; ~ "00 ,~ ". "". . > ", ':,~ ~ ~ -- - - -->ì: ~ - 20 ~ , -L- ~ ~ ... ~.ofJ: ~ 'V "'~G'~ w " ~ ('ú t./ .. (./t¡- ... ~-9) I ~~f:$ m : :)I ~ x ,. ;: '" (I -< ;; o to :õ to .. ~ .. .. . ... ~ ¡J-. ... ~ I ~ .. ::! m Q! I!I ... ::: ... . ~ . w :)I ~ w '" '" ~ - ff=.- ~g F- ~~o~ \!Ð~ '" : t-- w 0 ~~ i'~ 0 en t-- ~ ... õ :D f-- '" '" < Œf-- ~ ïLl ID rþ I--- .. ... ~ ~ Á'" i ~ <-- > r>'f'l ~~. LoI ~ tv W IU œ - ... - . - ----- I'\)ç~ !AI I'\) . I\) CD \~ ,..~ENRY DR =r':I 't:. µ . '" _ õ \..' œ I... ~.. ... -=:\ w :::I~ ~I~ ~I;;~ .. ü. ;:I~ . ~ ~ : - . ... ~ ~ .. '" .. .. - '" ~ õ ôo,Q'rI ô~\'Òo 'Ò '" ~ -9" ;'>ó' ";. .5'". ü. "". 11 w ::! .. ~ ;: ... ~ :õ œ ;; w w ~ '" . n ::. .. . :ö o ¡ . ;; .. : .. ~ I('HJr..c:.RtJcv AVË _.__ ~ ~ ... : 7 " " CITY OF NORTH RICHLAND HILLS Department: Finance / Park and Recreation Council Meeting Date: 7/24/95 Subject: Award Bid for Installation of the Irrigation System for the Agenda Number: PU 95-47 Bedford-Euless Road Landscaping Project The 1994/95 Park and Recreation Facilities Development CIP includes funds for the Bedford-Euless Road Landscaping Project. Formal bids were solicited for installation of the irrigation system for this project and the results are outlined below. P:_is.1¡¡t~fÄã{'I·&'f; ~fl·..,..;..:..:...:.;~~~~:l;:t:...~...........:-....;~::I Phillips Lawn Sprinkler, Inc. II:~~ªª; $22,794 $31,370 $37,000 Sprinkle 'N Sprout Irrigation Team Design Huffman Irrigation met all the specifications and general conditions of the bid and can complete the project in the required thirty calendar days. '- Recommendation: It is recommended City Council award the bid for the installation of the irrigation system for the Bedford-Euless Road Landscaping Project to Huffman Irrigation in the amount of $19,356. Source of Funds: Bonds (GO/Rev.) Operating Budget _ o er Finance Review Acct. Number 09-92-20-6000 Suffici t Funds Availabl Fln""C8 DII.Clot C"Y COUNCIL ACTION "EM Page 1 of CITY OF NORTH RICHLAND HILLS Department: Finance / Park and Recreation Council Meeting Date: 7/24/95 Subject: Award Bid for Sidewalk Installation for the Bedford Euless Road Landscaping Project Agenda Number: PU 95-48 The 1994/95 Park and Recreation Facilities Development CIP includes funds for the Bedford-Euless Road Landscaping Project. Formal bids were solicited for the sidewalk installation for this project and the results are outlined below. mAªmllia§~!gñ Westhill Construction Ip.~t.~~~ $71,680 Team Design met the specifications and general conditions of the bid and can complete the project within the required thirty calendar days. -- Recommendation: It is recommended City Council award the bid for the sidewalk installation for the Bedford-Euless Road Landscaping Project to Team Design in the amount of $60,000. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ ther 09-92-20-6000 FIIIMCI DIr.Clot Page 1 of CITY OF NORTH RICHLAND HILLS Department: Finance ¡Information Services Council Meeting Date: 7/24/95 Subject: Authorization to Participate in Cooperative Purchasing Agenda Number: PU 95-49 Program with the State Department of Information Resources The Department of Information Resources in Austin maintains a cooperative purchasing program for computer hardware, software and programs. The Local Government Code states items purchased under this cooperative purchasing program satisfies any State law that would require the City to solicit competitive bids. Participation in this program will be cost effective to the City as well as saving Staff time. Recommendation: It is recommended City Council approve the participation in the Department of Information Resources cooperative purchasing program and authorize Staff to enter into the contract. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ Ot er CITY COUNCIL ACTION ITEM FIMllce Director Page 1 of CITY OF NORTH RICHLAND HILLS ~. I Department: Public Works Approve Agreement Wltn the ~tate ot I exas tor the Reconstruction of Intersections on Rufe Snow Agenda Number: Drive from I. H. 820 to Watauga Road - Resolution 95-40 Council Meeting Date: 7/24/95 Subject: PW 95-110 Resolution No. 95-40 authorizes the Mayor to execute four (4) agreements for four (4) Rufe Snow Intersection Projects. These projects will be partially funded by the federal government through the Intermodal Surface Transportation Efficiency Act of 1994 (ISTEA). The City's portion will be funded from future bond sales. The federal funds obligated to the projects by these Congestion Mitigation and Air Quality Improvement Program (CMAQ) agreements are as follows: Intersection Estimated Project Federal Funds Cost Obligated City's Estimated Share Lewis Drive/Rufe Snow Drive $556,000 Stardust Drive/Rufe Snow Drive 750,000 Industrial Park Blvd.lRufe Snow Drive 476,500 Watauga Road/Rufe Snow Drive 865.000 Total $2,647,500 $383,640 517,500 328,785 596.850 $1,826,775 $172,360 232,500 147,715 268.150 $820,725 The agreements describe the City as being responsible for the engineering, right-of-way (ROW) documents, ROW acquisition, utility adjustments, and maintenance. The City will be reimbursed for the engineering and ROW at approximately 69% from the federal funds. The State will inspect and administer the construction process. The City's 31 % share will be paid to the State prior to acceptance of construction bids. Upon approval and execution of these four (4) agreements by the City, they will be sent back to the Texas Department of Transportation along with payment totaling $8,207. These are the estimated funds required by the State to administer the four (4) projects. This payment will be credited towards the City's share of the total funding for the project. Engineering statements can be paid by the State directly to the consultants. Finance Review Signa ure CITY COUNCIL ACTION ITEM Finance D..Clot Source of Funds: Bonds (GO/Rev.) Operating Budget _ o e Page 1 of " ,¡ ~ Funding Source: From: Unspecified Street CIP Fund Balance $3,207 $3,207 To: Rufe Snow Drive Account #13-39-02-6000 (Current Account Balance is $5,000) Recommendation: Staff recommends Council approve Resolution No. 95-40 and the transfer of funds as shown above. ,..-....~-,_..._---------~,~--"-_.__..,-'---~~- - RESOLUTION NO. 95-40 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HilLS, TEXAS, that: The Mayor be, and is hereby authorized and directed to execute the four (4) ISTEA/CMAQ Agreements of this date with the Texas Department of Transportation dealing with construction of Rufe Snow Drive from I.H. 820 to Watauga Road as the act and deed of the City. 2. A copy of each said agreement is attached hereto, marked Exhibit "A", Exhibit liB", Exhibit "C" and Exhibit "D", and made a part hereof. 3. The sum of $8,207 as payment to the State of Texas to cover their administrative costs is hereby approved. The funds have already been appropiated for the City's portion of the engineering cost for this 1994 Bond Program project under account number 13-39-02-6000. PASSED AND APPROVED this 24th day of July, 1995. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: . ApprOve t-Inal Payment to Uustrol, Inc. In the Amount of $29.048.89 for 1995 Street Wedoe Millino Agenda Number: Project 7/24/95 Subject: Pay 95-12 On May 8, 1995, PW 95-24, Dustrol, Inc. was awarded the bid to wedge mill 14 streets prior to the streets being overlaid by City crews. The amount bid by Dustrol, Inc. was $28,281. The wedge milling process is now complete. Final payment to the contractor will make his total earnings $29,048.89. The contractor has earned $767.89 over the amount bid, due to some additional milling needed on some streets. Funding Source: Sufficient funds are available in the street overlay account (01-60-04-4890). Recommendation: It is recommended Council approve final payment to Dustrol, Inc. in the amount of $29,048.89. Finance Review Acct. Number Suffic'ent Funds Available ent Head Signature CITY COUNCIL ACTION ITEM Finance DIr.Clot Page 1 of DusnmL , I I~IC .. PJ~ase Remit To: , P.O. Box 1738 Roanoke, Texas 76262 ********************************************************************************: n¡'·./OICE DATE aOE{ 2237.~.2 6-23-95 INVOICE NUMBER 9214 CUST. 250800 CITY OF NORTH RICHLA ********************************************************************************; TO: CITY OF NORTH RICHLAND HILLS PO Box 820¿09 N Richland Hill, TX 76182-060 ,JOB SITE: '·.Hil=\:IDUS STF;:EETS TI~F\F:~"ir·IT ''':¡ ~5 ..- ~:.:I c~) (.) 1st & Final Est 5/05-5/12/95 ********************************************************************************~ ...----------------------------------------------------------------------------------------- Salespel'"son DWS Tel'"ms * Due on r~ecei pt Ship Via FOB ------------------------------------------------------------------------------------- DESCFUPTION QUANTITY UI-IIT UNIT PRICE AMOUI'IT .. ------------------------------------------------------------------------.-.--------- r..?',:·m gl~~ W(~dqe ITli 11 ing (0,--3/4") 3<7' , 793 . 00 If .73 29,048.8<7 ._. _. ........ .... 0- 0...__.._ ..__ Ckand Tota.l 29,048.BS Ib\ ;:7 I,U' /---- ~\Y¥! * NET DUE TERMS -- A'ftel'" 30 days a late chal'"ge wi 11 be a.ssessed at the maximum legal rate on all invoices not paid according to terms.