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Home My WebLink AboutCC 1991-08-12 Agendas I· I I I I I I I I I I I I I I I I I I CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA AUGUST 12, 1991 - 6:00 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. , NUMBER ¡ ITEM ACTION TAKEN I . 1. PZ 91-17 Public Hearing for Consideration of an Amendment to Zoning Ordinance No. 1080 Regarding Side Yard Requirements on Corner Lots (10 Minutes) 2. GN 91-99 Regulation of Wrecker Service and Wrecker Lots - Ordinance No. 1752 (10 Minutes) 3. PU 91-25 Approve Bid for Additions to Animal Control Center (10 Minutes) ........ 4. PW 91-24 Setting Date for Public Hearing on Levying a Schedule of Charges for the Drainage Utility system - Resolution No. 91-26 and PW 91-25 Proposed 1992 Capital Improvement Program for Drainage Projects (15 Minutes) 5. PW 91-26 Adoption of Development Criteria for Detention/Retention/Decorative Pond Improvements - Ordinance No. 1753 (15 Minutes) 6. Other Items 7. Consideration of Possible Work Session ') I· I I I I I I I I I I I I I I I I I I . Page 2 f 8. NUMBER I *Executive Session (15I::'tes) 1 ACTION TAKEN ] a. Personnel b. Briefing on Pending Litigation c. Review of Progress on Land Acquisition 9. Adjournment - 7: 15 p.m. for Group Photographs *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. - I - - CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA AUGUST 12, 1991 · 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. · , NUMBER ! ITEM I ACTION TAKEN I 1. Call to Order 2. Roll Call 3. Invocation 4. Minutes of the Regular Meeting July 22, 1991 ...-. 5. Presentations by Boards & Commissions 6. Removal of Item(s) from the Consent Agenda 7. Consent Agenda Item(s) indicated by Asterisk (9, 10, 11, 12, 13, 14, 18, & 19) 8. PZ 91-17 Public Hearing for Consideration of an Amendment to Zoning Ordinance No. 1080 Regarding Side Yard Requirements on Corner Lots *9. GN 91-98 Appointment to Animal Shelter Advisory Board *10. GN 91-99 Regulation of Wrecker Service and Wrecker Lots - Ordinance No. 1752 · . . - - . - .. I I I I I I I I I I I I I I I I I I I - City of JXòrth Richland Hills August 8, 1991 PUBLIC NOTICE ITEM ADDED TO THE AGENDA: GN 91-101 Establishing a Four-Way Stop Sign at Lariat Trail and Riviera Drive - Ordinance No. 1754 ~ POSTED: August 8, 1919 3:00 P.M. (817) 281-0041 · 7301 N.E. LOOP 820 · P.O. BOX 18609 . NORTH RICHLAND HILLS, TEXAS 76180 - I Ie I I I I I I .1 Ie I I I I I I I Ie I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 91-(1) ~~ -=~r;.. v Date: August 12, 1991 City/School Cooperative Committee SUbject: One of the priority implementation recommendations of the recently adopted Parks, Recreation and Open Space Master Plan was the development of a Cooperative Planning Committee, comprised of city and school district representatives, to study possible joint ventures in recreational facilities and programs. This Committee has been formed and is currently holding discussion on the aforementioned topics. The first meeting was held on July 15, 1991 with both groups presenting their prioritized needs and discussing opportunities for joint development. Common facility needs included: - Swimming Facilities - Tennis Center - Hike and Bike Trails - Playgrounds On July 23, 1991, members of the Committee met with Staff Members and toured several facilities in PIano including: - Natatorium - Outdoor Learning Center - Highpointe Tennis Center - School-Based Recreation Center The next meeting of this Committee will be scheduled for late August to continue study of possible joint venture opportunities to provide additional recreation services to our citizens. The Council will be kept informed as this Committee continues to explore the exciting possibilities of shared facilities and programs. Respectfully Submitted, -J~-~ Jim Browne Director Parks and Recreation Department - ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS I Ie I I I I I I I -- I I I I I I I e I I - INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 91-96 Date: August 12, 1991 SUbject: Group Photograph of Mayor and City Council Plans have been made to have a group photograph of the Council taken Monday night. We have arranged for the photographer to take the photograph after the Pre Council Meeting. We want to make this an annual event so that City Council members will have a photographic record of their colleagues, as well as for the City's permanent record. RJI~ ISSUED BY THE CITY MANAGER -.......... .. - .. '. -.."- NO~TH RfCHLAND HII.,LS, TEXAS I ; -. I I I I I I I -- I I I I I I I I· I -- INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 91-97 ~ ~ Date: c::::::::::: x ;:::::::- ¡:J,V~ SUbject: August 12, 1991 Code Enforcement Activities at 6700 Fair Meadows Drive Ms. Renee Ludwig of 6704 Fair Meadows Drive is listed on the agenda under "Citizens" Presentation to discuss various problems at 6700 Fair Meadows Drive. The purpose of this report is to summarize the activities and events associated with these problems. This property is a si~gle family house located in the Foster Village area situated at the southeast intersection of Rufe Snow Drive and Fair Meadows Drive. On July 2. 1991. the Code Enforcement office responded to citizen complaints which stated that the property owner was operating a car lot business on this property and storing cars on the yard. Some of the complaints received stated that "more than one family" Was living in the house. Code Enforcement staff inspected the property and had a discussion with a person in the garage who was working on a vehicle at the time. He indicated that they were in the process of securing a building at another location and would be moving the vehicles shortly. Based on this discussion, the staff mailed a letter to the property owner on July 2nd regarding the operation of a business from a residence and the storage of vehicles in the yard. The owner was given ten days to correct these zoning violations. A follow-up~inspection revealed that the cars were moved from the yard to the driveway. The staff continued to receive three to four citizen complaints per day for several days running thereafter. The complaints always centered around the running of a car lot and the number of old junk cars in the driveway. An inspection revealed four vehicles in the driveway and four cars parked in the street (two of the vehicles were marked "For Sale"). Using this information, the staff issued a citation to the property owner on July 15th for operating a business from a residence. The City Attorney advised the staff during this process that it would be very difficult to prove that the owner was actually operating a business out of their home. On July 17th a Code Enforcement officer talked to one of the people living in the home and that person claimed that the cars parked in front of the home belonged to guests that were staying in the home and that they were not running a business out of their home. On July 18th. the Code Enforcement staff ran an ownership check of the vehicles using the license plate numbers and determined that only one of the seven vehicles checked Was registered to the property owner (apparently one of the vehicles was not at the premises at the time the plates were checked). On July 30th a notice was mailed regarding "inoperative vehicle" for vehicles parked in the driveway which did not have proper inspection or registration. The notice also requested that a "spa" which was stored in the front be moved. According to Ordinance 989. the owner will have 45 days to correct this situation by making the vehicles legal to operate on the streets. The spa has since been moved. The Code Enforcement office received a complaint that a spa was installed in the back yard without a permit. Although City - ISSUED BY THE CITY MANAGER NORTH RICHLAND HilLS, TEXAS I " -- I I I I I I I p I I I I I I I ~ I -- records do not show any permits being issued for a spa installation at this address, it would require a search warrant for the City staff to verify if a spa exists. Furthermore, unless a neighbor can testify as to when the spa was actually installed the City would find it difficult to prove when the spa was built. On August 2nd a letter was hand delivered for violation of Ordinance #83 which prohibits car storage and regular parking in a street. Since no one answered the door, the notice was taped to the front door and a photo taken of the notice. The notice required the removal of the vehicles by 9:00 A.M. on Monday, August 5th, or else the vehicles would be towed and impounded. Ms. Hamilton later called the Code Enforcement office that Friday afternoon and stated that the vehicles parked in the street were driven daily and that there was no law to prevent her from parking the cars in front of her home. She was informed that Ordinance 1183 prohibits "car storage and regular parking" on any street. Ms. Hamilton stated that another family from Lubbock was temporarily living with them while they found jobs in the area. They originally had jobs lined up but, the jobs fell through and the family is currently looking for work in the area. On Monday, August 5th, one of the vehicles was towed and impounded. Code Enforcement staff took photographs which indicated that at least one of the vehicles had not been moved for several days. It appeared that the other vehicles had been moved Over the weekend. The staff has done everything possible to monitor this situation to verify any possible code violations and letters have been mailed when a violation has been documented. Ba~~_tB~ I Ie I I I I I I I Ie I I I I I I I Ie I MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JULY 22, 1991 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order July 22, 1991, at 7:30 p.m. ROLL CALL Present: Tommy Brown Byron Sibbet Mack Garvin Lyle E. Welch Mark Wood Jo Ann Johnson Charles Scoma Linda Spurlock Mayor Mayor Pro Tern Councilman Councilman Councilman Councilwoman Councilman Councilwoman Staff: Rodger N. Line Dennis Horvath C.A. Sanford Jeanette Rewis Rex McEntire Greg Dickens City Manager Deputy City Manager Assistant City Manager City Secretary Attorney City Engineer 2. INVOCATION Councilman Wood gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. MINUTES OF THE REGULAR MEETING JULY 8,1991 APPROVED Councilman Wood moved, seconded by Councilman Garvin, to approve the minutes of the July 8, 1991 Council meeting. Motion carried 7 -0. I Ie I I I I I I I Ie I I I I I I I Ie I July 22, 1991 Page 2 s. PRESENTATIONS BY BOARDS & COMMISSIONS None. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Scoma removed Item No. 10 and Councilwoman Spurlock removed Item No. 11 from the Consent Agenda. 7. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (13 & 14) APPROVED Councilman Scoma moved, seconded by Mayor Pro Tem Sibbet, to approve the Consent Agenda. Motion carried 7-0. 8. PRESENTATION OF "LANDSCAPE OF THE MONTH" AWARD FOR THE MONTH OF JULY Mayor Brown and Janice Davis, Beautification Commission Chairman, presented the "Landscape of the Month" award for July to The Meadows Apartments. 9. PRESENTATION OF "YARD OF THE MONTH" AWARDS FOR THE MONTH OF JULY Mayor Brown and Janice Davis, Beautification Commission Chairman, presented the "Yard of the Month" awards for July to Mr. and Mrs. Paul Burns. 5736 Puerto Vallarta; Mr. and Mrs. Jim Ewing, 4037 Diamond Loch West; Mr. and Mrs. Leonard Kojis, 7629 Janetta; Mr. and Mrs. Rusty Kates, 8228 St. Patrick; Mr. and Mrs. Michael Carter, 7224 Harwick; Mr. and Mrs. Willis Jackson, 6512 Crane; Mr. and Mrs. Glenn Nerwin, 7724 Aubrey; and Mr. and Mrs. David Trampe, 6500 Meadow Lake Court. I' Ie I I I I I I I Ie I I I I I I I Ie I - July 22, 1991 Page 3 10. PS 91-12 REQUEST OF JOHN RAINEY FOR REPLAT OF LOT 3R, BLOCK 1, CARSTON COURT ADDITION (LOCATED AT 6628 CARSTON COURT) APPROVED There were questions from the Council on this piece of property being zoned Single Family. Information provided to the Council mentioned the building of a guest house. Staff advised that to be able to build a guest house it would require a zoning change. Councilman Scoma moved, seconded by Mayor Pro Tem Sibbet, to approve PS 91-12 with the stipulation that it did not include an additional building. Motion carried 7-0. 11. PS 91-14 REQUEST OF JOSH DAVIS WITH J-MC OIL COMPANY FOR REPLAT OF LOT lR AND LOT 2, BLOCK 4, J.L. AUTREy ADDITION (LOCATED AT THE SOUTHWEST CORNER OF GLENVIEW DRIVE AND RUFE SNOW DRIVE) APPROVED Council expressed concern on the drive approaches on Glenview and would like the applicant to consider moving the drive approach next to Glenview further west on Glenview. Councilwoman Spurlock moved, seconded by Councilman Garvin, to approve PS 91-14. Motion carried 7-0. 12. GN 91-97 PUBLIC HEARING FOR CONSIDERATION OF AN AMENDMENT TO SUBDMSION ORDINANCE NO. 1579 REQUIRING MASONRY SCREENING WALLS ALONG MAJOR THOROUGHFARES _ ORDINANCE NO. 1750 Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor to please come forward. There being no one wishing to speak, Mayor Brown called for anyone wishing to speak in opposition to come forward. I Ie I I I I I I .1 Ie I I I I I I I Ie I -- July 22, 1991 Page 4 There being no one wishing to speak in opposition Mayor Brown closed the Public Hearing. Mter considerable discussion, Councilman Scoma moved, seconded by Mayor Pro Tem Sibbet, to refer Ordinance No. 1750 back to the Planning and Zoning Commission for additional study. Council expressed the desire to have a joint work session with the Planning and Zoning Commission on this project. Motion carried 7-0. *13. PU 91-23 AUTHORIZATION TO PURCHASE FUEL ON THE SPOT MARKET BASIS APPROVED *14. PU 91-24 PURCHASE OF 1988 CHEVROLET CELEBRITY FOR THE MIS DEPARTMENT APPROVED 15. CITIZENS PRESENTATION The following citizens appeared before the Council requesting that a four-way stop sign be placed at Lariat and Riviera: Mr. Frank Baer, 4800 Lariat Trail Mr. Randall Markland, 4716 Lariat Trail Mr. CHuck Hager, 4804 Lariat Trail. Staff advised this request had been under consideration and the City would continue studying the situation. I' Ie I I I I I I I Ie I I I I I I I Ie I July 22, 1991 Page 5 16. ADJOURNMENT Councilwoman Spurlock moved, seconded by Councilman Scoma, to adjourn the meeting. Motion carried 7-0. Tommy Brown - Mayor A ITEST: Jeanette Rewis - City Secretary - '. - CITY OF NORTH RICHLAND HILLS Community Development Council Meeting Date: 8/12/91 Public Hearing to consider an amendment tQ Zoning OràinancQ #1020 regat"~i'1'J !:d tie Agenda Number: yard requirements for corner lots. PZ 91-17 Ordinance #1751 The Zoning Ordinance contains language to establish m~n~mum front, rear and side yard set-backs for all residential zoning districts. However, approximately two years ago a Zoning Ordinance amendment was approved which apparently inadvertently deleted language dealing with the additional side yard set-back requirements for corner lots. Corner lots should have an additional footage requirement to provide for adequate visibility at street intersections. Attached is a proposed ordinance to amend the side yard set-back requirements in the Zoning Ordinance which will require a 20 foot side yard on corner lots in the R-1, R-1-S, and R-2 zoning districts. A 15 foot side yard set-back on corner lots will be required in the R-6-T zoning district. The language in the R-3 and R-4-SD districts has been included in this ordinance to make each district read in a consistent manner with regards to the side yard requirements. The Planning and Zoning Commission reviewed this proposed zoning ordinance amendment at their July 11th meeting and is recommending approval as presented. Recommendation: It is recommended that the City Council hold the required pUblic hearing and consider the recommendation of the Planning and Zoning Commission. Finance Review Acct. Number Sufficient Funds Available ~? .. ~ e~·- µ rtment Head Signature · C/t Manager CITY COUNCIL ACTION ITEM , Finance Director Page 1 of _ , þ I Ie I I I I I I I Ie I I I I I I I Ie I 1 ORDINANCE NO. 17 51 AN ORDINANCE BY THE CITY OF NORTH RICHLAND HILLS AMENDING ORDINANCE 1080, THE COMPREHENSIVE ZONING ORDINANCE, TO ESTABLISH REGULATIONS REGARDING MINIMUM SIDE YARDS IN RESIDENTIAL ZONING DISTRlcrS; PROVIDING A SEVERAB~ITY CLAUSE; PROVIDING A SA VINGS CLAUSE; AND PROVIDING AN EFFECfIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills has forwarded a recommendation to the City Council for amendment of Ordinance No. 1080, the Comprehensive Zoning Ordinance, by changing the said ordinance as set forth herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, the language contained in Section 4.5.3 (b) is repealed and replaced with the following: Section 4.5.3 (b) Minimum side building line: There shall be a side building line of not less than ten feet on one side of every lot and not less than six feet on the other side of every lot, except for corner lots. Any corner lot shall have a side building line adjacent to a side street of at least 20 feet and not less than six feet on the other side of the lot. 2. THAT, the language contained in Section 5.5.3 (b) is repealed and replaced with the following: Section 5.5.3 (b) Minimum side building line: There shall be a side building line of not less than ten feet on one side of every lot and not less than six feet on the other side of every lot, except for corner lots. Any corner lot shall have a side building line adjacent to a side street of at least 20 feet and not less than six feet on the other side of the lot. 3. THAT, the language contained in Section 6.5.3 (b) is repealed and replaced with the following: Section 5.5.3 (b) Minimum side building line: There shall be a side building line of not less than six feet on each side of every lot, except for corner lots. I Ie I I I I I I I Ie I I I I I I I Ie I - Any corner lot shall have a side building line adjacent to a side street of at least 20 feet and not less than six feet on the other side of the lot. 2 4. THAT, the language contained in Section 7.5.3 (b) is repealed and replaced with the following: Section 7.5.3 (b) Minimum side building line: There shall be a side building line of not less than six feet on each side of every lot, except for corner lots or when a duplex structure is bisected with a lot line. Any corner lot shall have a side building line adjacent to a side street of at least 20 feet and not less than six feet on the other side of the lot. Where a duplex structure is bisected with a lot line, the remaining side building line shall be six feet. 5. THAT, the language contained in Section 7 A.5.3 (b) is repealed and replaced with the following: Section 7 A.5.3 (b) Minimum side building line: There shall be a side building line of not less than ten feet on one side of every lot and not less than six feet on the other side of every lot, except for corner lots. Any corner lot shall have a side building line adjacent to a side street of at least 20 feet and not less than six feet on the other side of the lot. 6. THAT, the language contained in Section 9.4.4 (b) is repealed and replaced with the following: Section 9.4.4 (b) Minimum side building line: None, except there shall be a side yard of at least 15 feet where a lot line abuts a residential zoning district. Any corner lot shall have a side building line adjacent to a side street of at least 15 feet. 1. 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, parawaphs 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. I Ie I I I I I I I Ie I I I I I I I Ie I 3 8. SA VING& CLAUSE. That Ordinance 1080, The Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 9. EFFECTIVR pJ\ TE. This ordinance shall be in full force and effect from and after its passage. APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 11 IDA Y OF JULY 1991. - PASSED AND APPROVED BY THE CITY COUNCIL THIS , 1991 DAY OF MAYOR A ITEST: CITY SECRETARY ATTORNEY FOR THE CITY i Page 4 ~ P & Z Minutes July 11, 1991 I 3. PZ 91-17 I I I I I I ~ I I I I I I PZ 91-17 APPROVED I 4. STAFF REPORT ~ I ... Public Hearing for consideration of an amendment to Zoning Ordinance #1080 regarding side yard requirements on corner lots. Chairman Brock said this is just a housekeeping item. He opened the Public Hearing and called for anyone wishing to speak in favor of this amendment to please come forward. Mr. O.D. Long came forward. He asked what they were trying to do. He said some cities allow a lesser side building line on corner lots. Mr. Barfield said it would be 5 feet less, the front building line would be 25 feet and the side building line would be 20 feet. Mr. Bowen stated that when the Commission went to side yards of 6 and 10 feet, the requirement for corner lots was actually deleted, but they did not mean to. He said this is just putting back what they previously had. Chairman Brock called for anyone else wishing to speak in favor of this amendment to please come forward. There being no one, the Chairman called for those wishing to speak in opposition to this amendment to please come forward. There being no one wishing to speak, Chairman Brock closed the Public Hearing. Mr. Bowen made the motion to approve PZ 91-17. This motion was seconded by Mr. Collins and the motion carried 7-0. Mrs. Calvert anno e Master Plan City scheduled for Tuesday, at 7:00 P.M. CITY OF NORTH RICHLAND HILLS Environ"1entel Service$ ~ Council Meeting Date: 08/12/91 Appointment to Anim91 Sh*3lter Ativi~nry Eiruird Agenda Number:.£N q l-q~ Donna Patterson has resigned from the Animal Shelter Advisory Board therefore creating a vacancy. The Shelter Act mandates that one representative from the agency be on the Board. Animal Control Supervisor Sandra Lingren has been recommended to fill the vacancy. Recommendation: It is recommended that the City Council appoint Animal Control Supervisor Sandra Lingren to the Animal Shelter Advisory Board. Finance Review Acct. Number Sufficient Funds Available . Fmance Director ~ · Manager CITY COUNCIL ACTION ITEM Page 1 of I I I I I I I I I I I I I I I I I CITY OF NORTH RICHLAND HILLS Department: Police Subject: Re ulation of T' service and wrecker lots _ Ordinance No. 1752 Council Meeting Date: 8~ 12-91 Agenda Number: GN 91-99 Ordinance No. 1752 has been prepared and submitted herewith to replace Ordinance No. 1490. This ordinance adopts the Texas Tow Truck Act (Article 6687-9b) and the Vehicle Storage Facility Act (Article 6687-9a) as the primary regulatory and enforcement vehicle pertaining to wreckers, storage facilities, and their operation within the City. This ordinance removes additional permit requirements and fees charged by the city and substitutes the requirements that the affected companies furnish copies of the required state licenses and permits as proof that they are qualified to operate these businesses or wreckers within the municipal limits of North Richland Hills. The wrecker inspection and driver certification fees generated some $365.00 last fiscal year. This ordinance adopts specific definitions and terms to clarify articles within the sections. This ordinance sets forth a standard by which rotation wreckers must request to be placed on the rotation listing and sets effective dates of that specific listing. Th i s ord i nance imp 1 ements report i ng procedures to the po 1 ice department for wreckers conducting repossessions, recoveries or non-consent private property towing. This is done as an attempt to reduce the number of reported auto thefts that were otherwise towed or removed without the drivers' knowledge. This ordinance establishes a requirement for the city to notify affected wrecker compani es of any changes, or heari ngs before council in writ i ng so that thei r views may be heard. The changes in th i s ord i nance were made fo 11 owi ng meet i ngs wi th all affected companies. Many changes were made either at their request or after considerable specific discussion. Recommendation: It is recommended that Ordinance No. 1752 regulating wrecker service be approved. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number Sufficient Funds Available r( !i~ epartment Head Signature · Cltý M nager CITY COUNCIL ACTION ITEM . Finance Director Page 1 of I I I- I I I I I I -. I I I I I I I f' I ORDINANCE NO. 1752 AN ORDINANCE REGULATING WRECKER SERVICE WITHIN THE CITY; DEFINING TERMS; ADOPTING THE TEXAS TOW TRUCK ACT OF THE STATE OF TEXAS; REGULATING VEHIClE STORAGE FACILITIES; PROVIDING FOR A ROTATION SYSTEM; PROHIBITING SOLICITATION AT ACCIDENT SCENES; PROVIDING FOR FEES; PROVIDING FOR SUSPENSIONS AND APPEAL PROCEDURE IN THE EVENT OF SUSPENSION; PROVIDING FOR A FINE NOT IN EXCESS OF $200 FOR VIOLATION AND ENACTING A SAVINGS CLAUSE. PASSED AND APPROVED THIS DAY OF , 1991 BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City I ~. I I I I I I I lit I I I I I I I (' I Ordinance No. 1752 Be it ordained by the City Council of the City of North Richland Hills, Texas, that: Section I. Definitions The following terms, where used in this ordinance shall have the meaning and effect hereinafter set forth: 1. "Certificate of Registration" - The document issued by the Texas Department of licensing and regulation authorizing the operation of a specific tow truck. 2. "Commission" - The Texas Commission of Licensing and Regulation. 3. "Commissioner" - The commissioner of licensing and regulation. 4. "Day" - Twenty-four (24) continuous hours. 5. "Fence" - An enclosure of wood, iron, or other suitable material placed around a space used or intended for use to store vehicles and designated to protect the stored vehicles. 6. "Operate" - Using a tow truck to tow, winch, or otherwise move a vehicle or motor vehicle. 7. "Operator" - Any person operating a tow truck, regardless of whether or not the person owns the truck. 8. "Original Application" - The written application form, proof of insurance, photographs and any and all applicable fees. 9. "Renewal appl ication" - The written appl ication form proof of insurance, and any or all applicable fees. 10. "Police Department" - The North Richland Hills Police Department. 11. "Pol ice Operated Vehicle Storage Facil ity" Short Title; Pol ice Impoundment Facility. A vehicle storage facility operated by the police department under governmental authority and control primarily designed and designated for the storage and safekeeping of vehicles and motor vehicles that are towed or impounded at a specific location under police operation and control. 12. "Principal" - An individual who: (a) Holds personally, or as a beneficiary of trust or by other constructive means; 1. Ten (IO) percent of a corporation's outstanding stock; or 2. more than $25,000 of the fair market value of a business. (b) Has the controlling interest of a business; (c) Has a participating interest of more than 10 percent in the profits, proceeds, or capital gains of a business, regardless of whether the interest is direct or indirect, is through share, stock or any other manner, or includes voting rights; (d) Is a member of the Board of Directors or other governing bOdy of a business; or (3) Serves as an elected officer of a business. I I I- I I I I I I -. I I I I I I I f' I 13. "Registrant" - A tow truck owner who has obtained a department certificate of registration for a tow truck. 14. "Texas Tow Truck Act" - Vernon's Texas Civil Statutes, Article 6687-9b, in its entirety. 15. "Tow Truck" - A motor vehicle or mechanical device designed, adapted or used to tow, winch, or otherwise move disabled vehicles, or motor vehicles, wheeled vehicles, including those equipped with a mechanical, electrical or hydraulic winch, hydraulic wheel lift, or mechanical wheel lift, used to tow, winch, or otherwise move motor vehicles, or disabled vehicles. Ro 11 back trucks, fl atbed trucks wi th wi nches, s 1 i ngs, or whee 1 1 i fts and "mini-wreckers" are also to be considered as tow trucks. 16. "Tow Truck Owner" - A person engaged in the business of using a tow truck to tow, winch, or otherwise move a vehicle or motor vehicle. 17. "Consent Tow'l - Any tow conducted with the permission of, or at the direction of the towed vehicles legal or registered owner, or such owner's authorized representative. Except as set forth in the definition of "non-consent tow" a tow will be considered a consent tow where the owner is able to give consent. 18. "Non-consent Tow" - Any tow conducted without the permission of or not at the direction of, the towed vehicle's legal or registered owner, or such owner's representative. 19. "Vehicle" - A motor vehicle subject to registration under the Certificate of Title Act, Vernon's Texas Civil Statutes, Article 6687-1, any other device designed to be self-propelled or transported on a public highway or every device in or by which any person or property is or may be transported or drawn upon a public highway or roadway. This term includes foreign registered vehicles and motor boats, outboard motor, or a vessel subject to registration under Chapter 31, Texas Parks and Wildlife Code. 20. "Abandoned Motor Veh i c 1 e" - Any veh i c 1 e or motor veh i c 1 e that i s 1 eft unattended on publ ic property for more than twenty-four (24) hours, or a motor vehicle that has remained on private property without the consent of the owner or persons in control of the property for more than twenty-four hours, or a vehicle or motor vehicle left unattended on a right-of-way of a designated city, county, state, federal highway, or a publ ic roadway for more than twenty-four (24) hours, or by the nature of its location poses an immediate threat, hazard, or compromises the safety or well-being of the general public. 21. "Damaged Motor Vehicles" - Any vehicle or motor vehicle that is inoperative or a vehicle rendered unsafe as a result of a collision or a criminal act. 22. "Impounded Vehicle" - Any vehicle held for safekeeping by the police department, fire department, code enforcement officers, or other designated officials of governmental agencies to include vehicles or motor vehicles moved, removed, transported, towed or stored by police authority for violation of Federal, State, or Municipal codes or statutes, or in connection with a police or related criminal investigation by proper authority. I I I- I I I I I I -. I I I I I I I f' I 23. "Motor Vehicle" - A vehicle subject to registration under the Certificate of Title Act, Vernon's Texas Civil Statutes, Article 6687-1, or any other device designed to be self-propelled or transported on a public highway or roadway. 24. "Vehicle Owner" - A vehicle owner is (a) a person in whose name the vehicle is registered under the certificate of title act, Vernon's Texas Civil Statutes, Article 6687-1; (b) A person in whose name the vehicle is registered under general laws, acts of the 41st Legislature, Second Called Session, 1929, Chapter 88, Texas Civil Statutes, Article 6675-a-2, Section 2, or a member of the persons immediate family; (c) A person who holds the vehicle through a valid lease agreement; or (d) an unrecorded lienholder with a right to possession. 25. "Vehicle Storage Facility" - A garage, parking lot, or any facility owned or operated by a person other than a government a 1 agency or ent i ty for storing or parking ten or more vehicles. Ten or more vehicles shall mean the capacity to park or store ten or more vehicles a year. 26. "The Vehicle Storage Facility Act" - Vernons Texas Civil Statutes, Article 6687-9a, relating to vehicle storage facilities. Section II Private Vehicle Storaae Facilitv A. Any vehicle storage facil ity within the incorporated city 1 imits of the City of North Richland Hills will be governed by the rules adopted under the authority of the Vehicle Storage Facility Act, this facility must comply with all other applicable codes, zoning restrictions, fire codes, health codes and safety codes. B. A vehicle storage facil ity being operated within the incorporated city limits of North Richland Hills must furnish the police department with a current copy of the vehi cl e storage facil ity 1 i cense issued by the Texas Department of Licensing and Regulation prior to storing vehicles. C. No private vehicle storage facility shall permit any tow truck which is not registered and displaying the required "Texas Tow Truck" license plate per the provisions of the Texas Tow Truck Act, Texas Civil Statutes, Article 6687-90 and the administrative rules promulgated thereunder, to enter onto the grounds of the facility. Section III The Police Vehicle Storaae Facilitv 1. The police impoundment area will be enclosed completely by a secure fence at least 5 feet in height and will be kept locked at all times, except when accepting or releasing an impounded vehicle. 2. The police impoundment area shall have an all-weather surface that makes delivery and release of vehicles feasible in all weather conditions. 3. The police impoundment area shall have a sign posted at the main entrance,. clearly visible and readable from the street, displaying the words "North Richland Hills Police Department Vehicle Storage Facility", the correct street address of the impoundment area, the telephone number where a vehicle release may be obtained, and the hours during which a vehicle may be obtained for release. I I I- I I I I I I II I I I I I I I f' I . 4. The police impoundment area will be served by a lighting system capable of providing illumination at the entrance and in the traffic lanes inside the fenced perimeter, sufficient to view vehicles and any damage upon them during the hours of darkness. 5 · Access into the po 1 ice impoundment area wi 11 be restri cted to authori zed police personnel and the agents of the wrecker service authorized to make pulls for the Police Department. 6. All vehicles pulled by the Police Department wrecker under the authority of the Police Department and all pulls of city owned vehicles will be impounded in the police impoundment area. The ranking supervisor on duty in the pol ice department may authorize a comparable impoundment accommodations, if required, for investigative reasons. 7. Release of vehicles from the Police impoundment area is the sole responsibil ity of the pol ice department. No release will be obtained without proper authorization from the Police Department. 8. The Police Department, although exempted from the laws pertaining to licensed vehicle storage facility, will maintain the same standards of storage required by the Vehicle Storage Facility act for private industry. 9. No wrecker may tow a vehicle from this facility without a current Texas Tow Truck Tag being displayed upon that vehicle in the manner prescribed by law. This does not apply to governmental owned/operated wreckers which are exempt. Section IV TVDes of Wreckers 1 · Owners Request - A wrecker requested to render servi ce or towi ng for a particular person at their request. The operator of the vehicle or its owner must request this wrecker by name. This wrecker is not required to be on an approved listing to tow for this police department but, must have in place a tow truck tag as required by the Texas Tow Truck Act or it will not be allowed to tow the vehicle. An owners request wrecker may be used at the scene of an accident or on a vehicle that is abandoned unless the officer on the scene determines that the vehicle is hazardous or that a time delay would endanger, or hamper the general public's safety, well being, or the investigation. If the officer deems it necessary a "Police Department Wrecker" will be notified for immediate removal. 2. Rotation Wreckers - A wrecker that is called through the police department as a service to the public when the owner/operator knows of no particular wrecker service that they wish to use. The same restrictions apply to a rotation wrecker as does to an owners request wrecker. 3. Police Department Wrecker - This wrecker is under police control and is called under pol ice authority to remove or otherwise move vehicles. The veh i c 1 es moved by th i s wrecker will be taken to the Pol ice Department Operated Storage Facil ity or other designated area at the direction of police officials as they specify. These tows are to be considered by definition as non-consent tows as set forth in the Texas Tow Truck Act. The police department wrecker is a contractual wrecker service that is determined by a competitive bidding process. I ~. I I I I I I I II I I I I I I I (' I I Section V Permits/Accroved Wrecker listing 1. Permi ts: (a) The City does not require a city permit for wreckers to operate within the city. (b) The City does not require a city permit to operate a vehicle storage facility in the city limits although all zoning and code ordinances shall apply. (c) The City does adopt a 11 enforcement ri ghts and requ i rements as set forth in State laws that regulate tow trucks and/or vehicle storage facilities. 2. Police Department Wrecker: (a) Shall provide documentation that meets all requirements set forth by applicable laws to operate a wrecker in the State of Texas and, (b) Will provide a current listing of all employees, owners, agents, of their company to the police department and will keep this list current and, (c) Will maintain a minimum of four operating, approved, wreckers and, (d) Will abide by all contractual obligations as set forth in the approved contract. 3. Rotation Wreckers: (a) The police department shall maintain a current list of wreckers that request to be placed on a rotational listing for called wrecker services; (b) These companies must meet all requirements set forth by the Texas Tow Truck Act and Veh i c 1 e Storage fac i 1 i ty act before they can be placed on this listing. (c) These companies will provide adequate documentation to show they have met all requirements. (d) These companies must maintain a current listing of all owners, operators, agents, or employees and provide a copy of it to the pol ice department. Section VI Police Decartment Wrecker Service The Police Department wrecker service shall be used for all vehicles on which a tow/pull is required by the Police Department and called by Police authority to be towed to the Police impoundment area. The police wrecker service shall tow all vehicles such as illegally parked, inoperable or abandoned vehicles, vehicles involved in accidents where the owner is not present, or is unable to request a wrecker, or ins ituat ions where the operator is hospita 1 i zed or incarcerated. This service shall also tow vehicles being held in criminal cases as evidence, vehicles seized for forfeiture in civil actions or vehicles involved in accidents where the officer deems it necessary to remove the vehicle by pol ice authority and non-consent towing as defined under appl icable State 1 aWe (a) The Pol ice Department wrecker service shall serve under a contract that is awarded annually by the City Council. The contract shall be by a competitive bidding process with effective dates resolved by the City Council and may be for a period determined by the Council within the limits of state law. I I f I I I I I I II I I I I I I I " I (b) If a wrecker service desires to bid for the Police Department wrecker contract it must meet all the approval requirements as set forth in Section V, Article II a-d, as well as all rules, gUidelines, and statutes under Texas Civil Statutes concerning operation of a wrecker in the State of Texas. (c) The wrecker service must have in continuous serviceable operation, at least four (4) wrecker units. It is not required for a bidding wrecker service to hold a listing on the rotation wrecker listing. (d) The Police department wrecker, if desired, may also be placed on the approved wrecker rotat ion 1 i st i ng but must submi t the request in wri t i ng and ho 1 d a 1 i cense for a current veh i c 1 e storage fac il i ty and meet all requirements as set forth for rotation wreckers. (e) The pol ice department wrecker service company must agree to comply with directives given by police department personnel during police initiated activity, towing vehicles to the police department impoundment area, or any other location specified by the police department for investigative purposes. (f) The police department wrecker service company will be responsible for all pulls made under police authority whatever the load may demand. (g) The Police department wrecker service company will be responsible for having the necessary agreements in place for large wrecker service capabilities if they do not own or operate this type vehicle themselves. This agreement must be furnished to the police department and kept current. This agreement will set in place that the contractual police department wrecker service company is responsible for all calls, work, towing, and other matters relating to the use of a large wrecker service to include but not limited to contact, complaints, and all billing. (h) The police department wrecker service company will be responsible for all city vehicle towing, winching, and road service as set forth in the contract between the city and the wrecker service. (i) The Police department wrecker service must equip all wrecker units with both receiver and transmitter capability for communications with the police department on a frequency designated by the police department. (j) The police department wrecker service will not possess any right or privilege, express or implied, for usage of the police impoundment area, except as specifically authorized under this ordinance. (k) Agents, owners and employees of the police department wrecker service shall not remove or dismantle vehicles or parts of vehicles, nor remove or authorize removal of property from any vehicle or parts of vehicles impounded or to be impounded in the police impoundment area. (1) It is the duty of any agent or employee of the pol ice department wrecker service to notify impoundment personnel of any and all damage concerning a vehicle, equipment or property that the wrecker service company may have caused. (m) The police department wrecker service must comply with all applicable State, Federal and local codes, statutes, requirements and rules and have in effect current Texas Tow Truck tags, licenses and vehicle storage facility licenses, if applicable, at time of application to bid on the contract, and during the entire course of the contract. (n) The police department wrecker service will have a fee structure that is set forth in the awarded contract. (0) The pol ice department wrecker service will have the requirement of reasonable response times to calls as set forth in the contract. I I f I I I I I I -. I I I I I I I t' I Section VII Rotation Wrecker Services Listing All Wrecker service companies desiring to be called for wrecker service or consent towing by the City of North Richland Hills Police Department shall request in writing to be placed on the rotation wrecker list maintained by the police department. This listing is current for a period of one year only and is subject to application between January 1st and February 15th, annually for an effective date of March 1st. Any service choosing not to reapply within the specified dates will be dropped from the rotation wrecker listing on March 1st. This listing will be limited to a number of wrecker services to adequately serve the public and all police departments needs. It will also maintain service and guarantee a timely response as required. The number of services to be maintained on the listing will result from a review of the prior years useage and will be determined by the police department. 1. The police department shall maintain a rotation wrecker list. The list shall be maintained in order of application by dates received at the police department. The application with written request shall be accepted only by U.S. Mail and post marked. 2. Application to be placed on the rotation wrecker listing will include a formal letter requesting to be placed on this list along with copies of currently issued licenses to operate a wrecker service, vehicle storage facility, comptrollers certificate, business licenses, a list of equipment to be used, a listing of all officers agents, and employees, copies of all issued tow truck tags and all other written requirements required for issuance of a license for wrecker services and vehicle storage facility as set forth by the Texas Department of licensing and Regulation. Once a written request is received along with sufficient evidence that all requirements set forth by the department have been met, the wrecker service will be placed on the rotational listing. No company failing to meet the requirements set forth by the Department will be placed on the rotation listing nor shall they remain on the rotation list. All requirements set forth in the Texas Vehicle Storage Facility Act and the Texas Tow Truck Act must be continuously met. 3. The fi rst wrecker company on the 1 i st sha 11 be not i fi ed. After the company at the top of the list receives a call the company's name will be placed on the bottom of the listing and the next company shall be moved to the top of the list and it shall receive the next call. This process shall be repeated unt il each company providi ng wrecker servi ce on the 1 i st has received a call, then the process will be repeated. 4. When a rotation wrecker service is requested by the police department to make a call and the company agrees to make the call, then the company shall immediately proceed to the scene of the call. The company shall be given a reasonable length of time in which to reach the location. I f the wrecker servi ce answeri ng the call has not reached the 1 ocat ion within a reasonable length of time, the officer at the scene may elect to ca 11 the next wrecker servi ce on the 1 i st and that company sha 11 have priority on that particular call. The first wrecker called shall then lose that particular turn in rotation. In normal weather or traffic conditions, "reasonable time" shall be construed as twenty-five minutes maximum. Under adverse weather or traffic conditions or special circumstances exist that can be justified to police officers at the scene causing a longer delay "reasonable time" shall be construed as forty-five minutes maximum. If the exceptions do exist to cause a longer delay the police department must be notified prior to the reasonable time of twenty-five minutes required response for exception to the rule but in no manner may this time exceed forty-five minutes. I I f I I I I I I II I ,I I I I I I i' I 5. All wrecker services desiring to be placed on the rotation listing shall comply with a rate schedule set forth by the city council. 6. All wrecker services on the rotation listing are required to maintain fil es of po 1i ce rotat i on wrecker ca 11 sand copi es of the i nvoi ce to the customer on each of these ca 11 s. These fi 1 es are subject to audi t by police department personnel. During audits if it is found that the rotat i on wrecker servi ce company is chargi ng fees not in accordance wi th the rate schedule set forth by the city council, this service is subject to removal from the rotation wrecker listing. 7. Vehicles pulled by rotation wreckers must be available for release during the specified times as shown under the licensed Vehicle Storage Facility Act. 8. Rotation wrecker service companies shall not be allowed to transmit on any of the designated police frequencies unless those agreements were in place prior to the effective date of this ordinance. 9. Rotation wrecker service companies must supply the police department with current listings of all agents, owners, or employees within ten (IO) days of any changes. 10. Any wrecker service on the rotation listing must be located within four (4) driven miles, by the closest route, from the corporate city limits of North Richland Hills. Section VIII Removal of Vehicle from Accident Scene No damaged or inoperative motor vehicle or vehicle shall be removed by the owner or a wrecker service company from the scene of a collision or vehicle accident without first notifying the North Richland Hills Police Department. Section IX Solicitation of Wrecker Business 1. No person shall drive a wrecker to or near the scene of an accident within the City of North Richland Hills unless such wrecker has been called to the scene by the owner or his representative of a vehicle involved, or by the Police Department. Each such wrecker operator, when called directly by the vehicle owner or his representative, shall notify the police dispatcher before proceeding to the scene of the disable vehicle at the accident scene. 2. No employee of the City of North Richland Hills shall recommend to any person directly or indirectly either by word or gesture, sign or otherwise the name of any particular person or firm engaged in the wrecker business, nor shall any city employee influence or attempt to influence in any manner a decision of a person in choosing or selecting a wrecker service, company or operator. I I , I I I I I I II I I I I I I I t' I - . Section X Debris at Accident Scene Each wrecker company called to the scene of an accident shall completely remove from the street all resulting wreckage or debris, including all broken glass, before leaving the accident site. Section XI Non-Consent Wreckers 1. ReDossession or Recoverv Wreckers: No person or firm shall operate a wrecker business in any manner directly or indirectly, within the city 1 imits for the purpose of towing a vehicle without the direct and express consent of the owner of the vehicle being towed, unless that wrekcer or company has made the proper notifications as prescribed by law to the police department, prior to the removal of the vehicle. Proper not i fi cat ion i s deemed as the 1 ocat i on the veh i c 1 e i s be i ng removed from, removed by whom, removed to what location, removed by whose authority, and complete description of the vehicle, in a written manner on the prescribed form at the police deparment. 2. Contractural Wreckers - Private ProDertv Towina - Non-Consent Towing: A wrecker service towing and/or a vehicle storage facility accepting a non-consent towed vehicle towed from private property must report that tow to the police department. This reporting must be made within two hours of towing/receiving the vehicle, giving the vehicle license plate number and issuing state vehicle identification number, location from which it was removed, where it is stored, contact information of storage facil ity and of the person authori zi ng the vehi cl e to be removed. 3. A telephone Fax transmitted of the authorized police department form shall be considered as proper notification in both Articles 1 and 2. Section XII Wreckers - General Any wrecker being operated within the jurisdictional limits of the City of North Richland Hills will be required to display a valid Texas Tow Truck Tag and meet a 11 the speci fi ed requi rements as set forth in the Texas Tow Truck Act. A wrecker not displaying the required tag nor meeting the requirements of the Act will not be allowed to remove, move or otherwise tow a vehicle within the city limits. Section XIII Fees A rate schedule of acceptable fees to be charged by rotation wrecker service companies and the police vehicle storage facility will be adopted by the City Council. The fees that are allowable by the police department wrecker service will be agreed on and specified in the wrecker service contract. I I f I I I I I I II I I I I I I I i' I Section XIV Suscension of Service Wrecker services controlled by this ordinance may be suspended from service with the city for any of the following: 1. Noncompliance with the Texas Tow Truck Act or Vehicle Storage Facility Act which results in a suspension of their state license. 2. Willful noncompliance with any section of this ordinance. 3. Falsification of documentation. 4. Habitual failures to respond to requests for service from the police department. For this "habitual" will be construed as three within one year. 5. Failure to allow inspection of equipment, facilities, or records by the chief of police or his authorized representative. Section XV Acceal to Suscension of Service 1. If the service of a wrecker service company is suspended by the Chief of Police and the company wishes to appeal the suspension, they may do so, in writing to the City Manager. A copy of the appeal should be forwarded to the office of the Chief of Police to serve as notice of appeal. If the suspension is sustained by the City manager, the company owner affected may appeal the decision to the City Council. The appeal should be made in writing, and copies forwarded to the Chief of Police, and the City Manager, to serve as notice of appeal. The decision of the City Council shall be final. 2. After suspension of the service in question by the Chief of Police, and upon notice of appeal of the decision to suspend, said suspension shall be commuted to an administrative probation status for the service until a final decision is rendered, or the appeal is withdrawn. During the administrative probationary period, prior to the final disposition, the permit holder will be allowed to operate "business as usual" pending a final decision, without restriction, unless such a violation of law has occurred as a basis for the suspension, that it is in the best interest of the citizens of North Richland Hills to impose certain restrictions. It sha 11 be the d i scret i on of the Ch i ef of Po 1 ice, as approved by the City Manager, to impose such restrictions on the service as may be necessary to potentially protect the interests, the peace, and dignity of the citizens of North Richland Hills. 3. If, on appeal, the suspension is overruled the service shall be removed from administrative probation status and returned to normal status with no further inconvenience involved. Section XVI Notifications It sha 11 be the respons i bil ity of the po 1 ice department to not i fy the po 1 ice contractura 1 wrecker servi ce and the 1 i sted rotat i on wrecker servi ces of any changes in writing, in the ordinance. The department shall also notify the affected services on the adopted council fee structures anually at the time of resolution by the city council. I I , I I I I I I II I I I I I I I f' I Section XVII Texas Vehicle Storaqe Facility Act Texas Tow Truck Act The City of North Rich1and Hills adopts the Tow Truck Act, Article 6687-96 V.T.C.S. and the Texas Vehicle Storage Facility Act, Article 6687-9a V.T.C.S., as the governing requirement for the ordinance. These articles in form shall be the requirements. Changes in these articles shall not constitute a change in the ordinance since they are a state law. All wrecker services that operate within the city limits must meet all the requirements of Texas Tow Truck Act and the Texas Storage Facility Act. Section XVIII Penalties for Violation Any firm, corporation, partnership, or individual who knowingly violates any sect i on of th i s ord i nance sha 11 be gu il ty of a mi sdemeanor , and sha 11 upon conviction in a court of jurisdiction, be punished by a fine not to exceed two hundred dollars ($200.00). Each day may be judged to be a separate violation. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason he 1 d to be unconst i tut i ona 1, such dec i s i on will not a ffect the validity of the remaining portion of this code. Section XVIV Ordinance NO. 1490 is hereby repealed and replaced by this Ordinance. Passed and approved this _____ day of ,19_ Attest: Mayor - Tommy Brown City Secretary - Jeanette Rewis Approved as to legality and form City Attorney - Rex McEntire - I CITY OF NORTH RICHLAND HILLS Department: Finance Resolution No. 91-27 Authorizing Signatures for Release of Pledged Securities ~ Council Meeting Date:08/11/91 Agenda Number: -GN Ql-10Q As a result of staff change, a resolution is required authorizing signatures for the release of pledged securities with NCNB and the Federal Reserve Bank of Dallas. Signatures are as follows: Tommy Brown Jeanette Rewis Lee Maness Victor Jones Mayor City Secretary Director of Finance Senior Staff Accountant Recommendation: It is recommended that Resolution NO. 91-27 be approved. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other /). '-JA - ~ "/~,,~ Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Ava' . Fmance Director - Page 1 of I I II I I I I I I '- I I I I I I I " I Resolution 91-27 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: 1. The following officers of the City of North Richland Hills, Texas are hereby authorized to execute the Joint Safekeeping Official Signature Card on behalf of the governing body of the City: Name Signature Victor Jones Lee Maness Jeanette Rewis 2. The Mayor be and is hereby authorized to execute the signature card, a copy of which is attached hereto and made a part hereof and marked Exhibit "A", as the act and deed of the City. PASSED AND APPROVED this 12th day of August, 1991. APPROVED: ATTEST: Mayor City Secretary APPROVED AS TO LEGALITY: Attorney for the City I,·' CITY OF NORTH RICHLAND HILLS aDepartment: Administration Council Meeting Date: 8-12-91 - Estab.lJ.shJ.ng a ftYour-way-~top-::;J.gn at LarJ.at Subject: Trail and Riviera Drive - Ordinance No. 1754 Agenda Number: GN 91-101 The attached ordinance recognizes a hazardous condition at the intersection of Lariat Trail and Riviera Drive. The ordinance directs the placement of a four-way-stop-sign at that intersection. .~ Ie I ~ Source of Funds: Bonds (GO/Rev.) e Operating Budget ~ Other I Finance Review Acct. Number Sufficient Funds Available ;(' ~, '. ¡ . . . ~ Department Head Signature · ty Manager CITY COUNCIL ACTION ITEM . Finance Director Pa e 1 of I·' . Ie I I I I I I I Ie I I I I I I Ie I I No. 1754 WHEREAS, the City Council finds that the traffic conditions at the intersection of Lariat Trail and Riviera Drive, in the City of North Richland Hills, Texas is a dangerous and extra hazardous intersection; and The City Council finds that in order to protect the health, safety and welfare of the City and its inhabitants it is necessary to erect "Four-Way-Stop-Signs" at each of the corners of said intersection. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The above findings are affirmed. 2. The City Manager, or his designee is ordered to erect "Four- WaY-Stop-Signs" at the intersection of Lariat Trial and Riviera Drive in the City of North Richland Hills, Texas. 3. Any person operating a motor vehicle who violates this ordinance by failing to stop and yield at said intersection shall be deemed guilty of a misdemeanor and fined not in excess of $200.00. PASSED AND APPROVED this 12th day of August, 1991. APPROVED: ATTEST: Mayor City Secretary APPROVED AS TO FORM: Attorney for the City - Finance Review Source of Funds: Acct. Number 13-55-01-6000 Bonds (GO/Rev.) SUf~ie~ Availabl~~ Operating BUdg. et _ ~ Other -----L- r'~~~ ./ - J¡J - ~f1/~ Department Head Signature I ~anager CITY COUNCIL ACTION ITEM Department: I I ~ ~e I CITY OF NORTH RICHLAND HILLS Management Services 8/12/91 ~ Council Meeting Date: Approve Bid for Additions to Animal Control Center A d N b PU 91-24 gen a urn er: At the November 12, 1990 Council meeting, Council approved the expansion of the Animal Care and Control Center. Sealed bids were requested and opened on June 21, 1991. The results are outlined below. Tom s. stephens, Inc. $279,000 D/B Constructors The Ridgemont Company 243,330 231,671 Pirouz & Associates, Inc. 226,000 Walker Building Corp. 224,000 K.B. Alexander & Company 209,000 All the original bids were over the amount budgeted. State Purchasing laws allowed us to negotiate with the apparent low bidder to lower the cost of the project. The items listed below represent the items cut from the original bid in order to bring the project closer to the budgeted amount. 1) Modification to existing building 2) Relocating outdoor freezer 3) New gates and fencing in parking lot 4) Add new electrical service instead of upgrading existing service 5) Adding 31 new runs instead of 35 . Fmance Director Page 1 of 2 I· " I I I I I I I .1 Listed below is a break down of the proposed funding. Original Funding NRH $85,000 Watauga 32.700 $117,700 Architect Fee -12.475 $105,225 Project Cost Funds Needed 144.465 -$39,240 The additional funds needed may be appropriated from the 1990/91 Drawdown Schedule. Recommendation: It is recommended Council award the bid to K.B. Alexander & Company in the amount of $144,465 for the additions to the Animal Care & Control Center and the appropriation of funds as indicated above. I I I I I I I I I CITY OF NORTH RICHLAND HILLS I CITY OF NORTH RICHLAND HILLS I Department: P11blic Works/Utilities 4IÞ. Approve Change Order No. 1 for Subject: rr;¡nÇ! Rn;¡cì SÇ!wer Tmproyements - Council Meeting Date: 8/12/91 Agenda Number: PW 91-22 The subject change order is for use of an alternate pavement repair system and an additional fifty feet of sewer main at the south end of the northerly main. The alternate pavement repair will allow the City to stabilize the full width of Crane Road in the area of construction versus deep trench stabilization over only a five foot width. Both the original bid and Change Order No. 1 will provide a two-inch thick asphalt overlay. The cost of Change Order No. 1 is $1,585.95. It will increase the calendar bid time by 10 days. With approval of the change order, the new contract price for the subject project will be $107,784.45. Funding Source: Sufficient funds are available from 1989 Revenue Bonds Unspecified and may be appropriated accordingly. Recommendation: e Staff recommends Council approve Change Order No. 1 for the subject project in the amount of $1,585.95 and the appropriation of funds to account number 02-89-14-6000. REV Finance Review Acct. Number See Above Sufficie unds Available . Finance Director Page 1 of 1 I Ie I I I I I I I Ie I I I I I I I Ie I ,~ IS ~ ~ fl \\/7 ; ,f.. -;.'~ :-,-: I ~ 1 ~.2=J \:':? l5 ~ ~~_J.:~=:'_.: \ : ¡ /¡ I K-E-F NO. 3-429 . ¡ . , ~~ rJ : ~:~~~ f CHANGE ORDER NO.1 TO THE CONTRACT WHICflLW1\S-i)Affty-----··· JULY 19. 1991 Between THE CITY OF NORTH RICHLAND HILLS WRIGHT CONSTRUCTION CO.. INC. CRANE ROAD SEWER IMPROVEMENTS: _.----------~--- ---- ..--...._-~ -... .....~-_...~ ~~ , (OWNER) , (CONTRACTOR) And For Pursuant to the provisions of Section 6 of the General Conditions of the Contract, this Change Order, when fully executed, shall constitute the authority to change the work of the Project as follows: 1. Extend the pavement replacement an additional 271-feet to include 16-feet south of the southern sewer, 29-feet north of the northern sewer, and 226-feet between the two sewers. The total length of pavement replacement from centerline stations 19+00 to 36+50 is 1750-feet. (A) Stabilize base with 6% cement slurry 22-foot wide and 6-inch thick in lieu of 5-foot wide and 12 to 18-inch thick. (8) The overlay width of the 2" type "0" HMAC and prime coat MC-30 or MS-2 is 20-feet. 2. Extend the northern sewer 50 feet south of centerline station 25+00 to 24+50 and construct it IS-feet left and west of the surveyed baseline. Relocate and construct two (2) west services from centerline stations 25+63 and 25+00 to 25+18 and 24+50, respectively, as shown on the enclosed revised plan sheets 4R and 5R of 6. Delete the following quantities from existing Contract items: BID UNIT ESTIMATED ITEM DESCRIPTION UNIT PRICE QUANTITY 12. Extra Depth for Manhole VLF $ 97.00 4 13. Flexible Base Pavement Repl. S.Y. 5.00 948 14. Saw Cut L.F. 1.00 2089 15. 2" Type liD" HMAC Overlay S.Y. 7.00 3282 TOTAL COST ($ 388.00) ( 4,740.00) ( 2,089.00) ( 22.974.00) ($30,191.00) SUBTOTAL ........ .................... Add the fOllowing quantities to the existing Contract Items: BID UNIT ESTIMATED TOTAL ITEM DESCRIPTION UNIT PRICE QUANTITY COST 2. 6"San. Sewer SDR 35 PVC L.F. $ 7.00 50 $ 350.00 4. Trnch Exc.,Emb.,& Bkfl(5'-7') L.F. 13.00 50 650.00 24. 6"Subgr.Stab.W/Cement Slurry S.Y. 1.55 4278 6,630.90 25. Cement for Stabilization TON 76.00 90 6,840.00 26. 2" Type liD II HMAC Overlay S.Y. 4.45 3889 17.306.05 SUBTOTAL ........ ..... ... ..... ........ $31,776.95 1 of 2 I' Ie I I I I I I I Ie I I I I I I I Ie I K-E-F NO. 3-429 Chanqe Order No.1 DELETED ITEMS SUBTOTAL ............... ADDED ITEMS SUBTOTAL ................. TOTAL CHANGE ORDER NO.1 COST ........ EXISTING CONTRACT AMOUNT ............. REVISED CONTRACT AMOUNT .............. Contract completion time shall be increased by change. 10 $(30,191.00) 31.776.95 $ 1,585.95 $106.198.50 $107.784.45 days because of this CONTRACTOR'S OFFER OF PROPOSED CHANGE: By: Date: 7 -d ~ - C; / 1991 ENGINEER'S RECOMMENDATION OF ACCEPTANCE: By: ~\.I.5f>r¡C)~, (SÀliJ':~) ~_.- Date: 7- 36 -?¡ OWNER'S ACCEPTANCE OF CHANGE: By: Date: 1991 2 of 2 1991 I CITY OF NORTH RICHLAND HILLS I eDep~rtment: I Subject: I I I I I I Ie I I ~ Pub 1 ic Works/Utilities ___ Council Meeting Date: 8/12/91 Approve City-Developer Agreement for CIP Wastewater System Improvements, Sewer Lines L4 with Agenda Number: PW 91-21 Birdville Independent School District (BISD) BISD (Developer) is ready to install the subject improvements. The 6-inch, a-inch, and 10-inch sewer mains are to pickup sewage from the proposed Green Valley Addition, Lot 1, Block 1, and all the areas downstream to the Trinity River Authority (TRA) Little Bear Creek Wastewater Outfall. This sewer main was included as Lines L4-1, L4- 2a1, and L4-2a2 in the Water and Wastewater Impact Fee Study (Study) dated May 4, 1990 by Knowlton-English-Flowers, Inc. The subject improvements as outlined in the Study are eligible for reimbursement up to a maximum of $25,349. This CitY-Developer Agreement is the second one involving reimbursement of eligible project costs to developers. With Council's approval and in accordance with the Impact Fee Ordinance No. 1679, staff will reimburse the Developer from the wastewater impact fee funds. The reimbursement payments to the Developer will be made as follows until all the reimbursement amount approved is paid. * One initial payment of $10,000 after construction is complete and the improvements are accepted by the City. * Remaining balance to be paid in ten equal payments from wastewater impact fees collected. Payments to be twice a year on January 15th and July 15th. Funding Source: The subject property is eligible for reimbursement as outlined in the impact fee study. The proposed improvement may be funded from account number 02-90-03-6000 Impact CIP Wastewater Line L-4. Recommendation: The staff recommends Council approve the subject City-Developer Agreement and authorize the Mayor to sign said agreement on their behalf. Source of Funds: Bonds (GO/Rev.) - Operati g Budget ·Oth Finance Review Acct. Number See Above nds Available . Finance Director ent Head Signature CITY COUNCIL ACTION ITEM Page 1 of 1 I Ie I I I I I I I Ie I I I I I I I Ie I -- CITY OF NORTH RICHLAND HILLS, TEXAS CITY-DEVELOPER AGREEMENT THE STATE OF TEXAS THE COUNTY OF TARRANT KNOWN ALL MEN BY THESE PRESENTS that Birdville Independent School District, of the County of Tarrant, State of Texas, hereinafter called "Developer" and the City of North Richland Hills, Tarrant County, State of Texas, hereinafter called "City", enter into the following contract: In consideration of the mutual convenants herein contained and for the purpose of providing wastewater system improvements as indicated in the construction documents titled "Green Valley Elementary Paving, Drainage, Water, and Sanitary Sewer Improvements" initially installed to serve LOT I, BLOCK I, GREEN VALLEY ADDITION an Addition to the City of North Richland Hills, Texas, the Developer and the City hereto agree: 1. The Developer agrees to pay the City all inspection and processing fees and furnish all permits, easements, and right-of-way as required for the construction of the above referenced facilities. In addition, at no cost to the City, the Developer agrees to have complete construction plans, specifications and all other necessary contract documents prepared by a registered professional engineer and also furnish construction surveying, cut sheets and field adjustments. 2. The Developer will enter into a contract wi th the Contractor who will perform the work and who will be paid by the Developer as specified in the construction contract documents. Monthly pay estimates shall be subject to City's review. 3 · The Developer agrees to provide at no cost to the Ci ty , all testing necessary to insure that the construction is in accordance with the project specifications and the City standards. 4. The Developer understands and agrees that he has no authority to cancel, alter or amend the terms of the construction contract without specific written authority of the City and that he shall be responsible for paying the costs of any cancellations, additions, alterations, or amendments to the Contract unless specifically provided otherwise by written authorization from the City. 5. The Developer agrees to require the selected contractor to provide to the City on City forms, maintenance bonds in the amount of twenty (20%) percent of the contract price. The bond shall be submitted prior to conmencing wi th construction and shall be good for two ( 2) years conmencing with the approved completion of the facilities. 1 - I Ie I I I I I I I Ie I I I I I I I Ie I 10. 6. The City agrees to participate in the cost of the facilities after construction is complete and accepted. The description and amount of participation is as follows: In accordance with Ordinance No. 1679, the Water and Wastewater Impact Fee Ordinance, the City will reimburse the Developer the eligible impact fee funds for the proposed improvements. The City shall only reimburse the Developer the amount agreed upon as funds are available in the "wastewater impact fee fund" account. The first reimbursement payment by the City of $10,000 will be made to the Developer after the construction of the improvements is complete and accepted by the Ci ty . The remaining balance to be reimbursed in ten equal payments on January 15th and July 15th of each year. WATER AND WASTERWATER IMPACT FEE STUDY Dated May 4, 1990: Table S.CIP - Little Bear Eligible Facilities are: Line L4-2a2, 10" diameter, 1,800 L.F. Line L4-2al, 8" diameter, 1,300 L.F. Line L4-1, 6" diameter, 126 L.F. $19,589 5,511 249 Total Amount eligible for Reimbursement $25,349 7. The City will provide the inspections as required and upon satisfactory completion of the work, the City will accept ownership and operation of the system subject to the terms of the maintenance bonds. 8. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents, and employees from all suits, actions or claims of any character I whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property I resulting from or in connection with the construction, design, performance or completion of any work to be performed by said developer I his contractors I subcontractors I officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said developer, his contractors, subcontractors I officers, agents or employees I whether or nor such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of North Richland Hillsl its officers, agents, servants, employees, contractors or subcontractors. 9. Upon completion of the work, good and sufficient title to all facilities constructed warranted free of any liens or encumbrances is hereby vested in the City of North Richland Hills. Special provisions: None 2 - I Ie I I I I I I I Ie I I I I I I I Ie I IN WITNESS WHEREOF, the parties to these presents have executed this Contract in four (4) counterparts, each of which shall be deemed an original on this the day if , 1991. BIRDVILLE INDEPENDENT SCHOOL DISTRICT àtl ~,~us~ CITY OF NORTH RICHLAND HILLS, TEXAS Mayor Tommy Brown ATI'EST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for City STATE OF TEXAS I COUNTY OF TARRANT I This instrument was acknowledged befora me on "'''-'' ,'7 lq~ I Joe Bill Fox, Trustee of Birdville Independent Scheol District. by Commission Expires: ~dkJ !fn.~~ Notary Public Signature (SEAL) ", ""... """ 1., -"'~Q~ M. 8~ "., " ,~ ........ ÇA '~ ' '" ~ .. .. 'I;ð. ~ ,...' 'V... ",,.. -..-':1-1- ... . ~'*~ .",. . : :. ~ ~~.: : : : : : : tÞ ..:: : ~.~ ~~:.: :. .. ~E'tf ,,, . · ~ ~.. . . .. ~ ~ ~A ... !"'~It£' .... !It" "'",í9/1. iì"ï qO:J:......... I" , "~I '",........ 3 LINDA M. Be-~~ Notary Public Printed ame I Ie I I WASTEWATER SYSTEM C.I.P. MAP PREPARED APRIL 301 19901 FOR NORTH RICHLAND HILLS AND WATAUGA WASTEWATER IMPACT FEE STUDY IN ACCORDANCE WITH PROVISIONS OF,SIB. 336 LEGEND o ~ ::XISTr'~G SYSTEM # s· " SEWER (SIZE AS NOTED) r---' TRA 2. . ~ø. . . . . . - . CALLOWAY ISRANC OUTFALL TRUNK ~ '7 METE:RJNG STATION . LIFT STATION NORTH RlCHLAND HILLS .1 Ie I I I I I I I Ie I .~ TRINITY RIVER AUTHORITY . .~_...''''''''''.~.p.a HALTOM CITY ..... ~................... . H U R S T CI) ...J. ..J - :: 0 .... Z en C( a: - :J ~ U - a: -- -------. FORT WORTH ..U.uaU....·...............II........... R I C H LAN 0 HI L L S SYSTEM DIVIDE , ~. ® SPECIAL NOT E (SH. 2 J .....,.~,.,.,... 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I CITY OF NORTH RICHLAND HILLS Public Works ~ Council Meeting Date: 8/12/91 Setting Date for Public Hearing on Levvinq a Schedule of Charges for the Agenda Number: _PW 91-24 Drainage utility System - Resolution No. 91-26 City Council adopted Ordinance No. 1727 (PW 91-16, 5i13/91), establishing a Drainage utility System. A public hearing to set the fees was previously held on July 8, 1991 and the Council disapproved setting fees at that time. The City Council must now hold an additional Public Hearing as mandated by requirements of the Texas Local Government Code (Chapter 402, Subchapter C), which state that such hearing be held to consider the amount of drainage charges or fees to be levied to support the system. Staff recommends a $2.00 ERU be adopted. Based upon the publication and notice requirements of the State Law, the earliest the Public Hearing may be held is September 23, 1991. Recorrunendation: It is recommended that the City Council approve Resolution No. 91-26, calling the Public Hearing for consideration of the amount of the charges to be established for the North Richland Hills Municipal Drainage utility System. Source of Funds: Bonds (GO/Rev.) _Operating Budget Oth r Finance Review Acct. Number Sufficient Funds Available ~ 1jJ~ . Finance Director -tJI- nt Head Signature CITY COUNCIL ACTION ITEM City Manager Pa e 1 of I ~ I I I I I I I . I I I 1 I I I Ie I RESOLUTION NO. 91-26 BE IT RESOLVED BY the City Council of the City of North Richland Hills, Texas, that; I. A PUBLIC HEARING shall be held by the North Richland Hills City Council on the question of levying a schedule of drainage charges for the North Richland Hills Municipal Drainage utility System. Such hearing shall be heard at 7:30 p.m. o'clock on the 23rd day of September, 1991 in the Council Chambers of City Hall at 7301 N.E. Loop 820, North Richland Hills, Texas. II. NOTICE SHALL be given of the public hearing as prescribed by Texas Local Government Code, Chapter 402, Subchapter C. PASSED AND APPROVED this 12th day of August, 1991. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for City I ~ I I I I I I .1 . I 1 I 1 1 I I Ie I ORDINANCE NO. 1741 AN ORDINANCE LEVYING A SCHEDULE OF DRAINAGE CHARGES FOR THE NORTH RICHLAND HILLS MUNICIPAL DRAINAGE UTILITY SYSTEM AGAINST ALL REAL PROPERTY WITHIN THE CITY OF NORTH RICHLAND HILLS, TEXAS, SUBJECT TO SUCH CHARGES UNDER SECTIONS 402.041, ET. SEQ., SUBCHAPTER C OF CHAPTER 402 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of North Richland Hills, Texas to protect the health and safety from loss of life and property caused by surface water overflows and surface water stagnation, has heretofore, pursuant to legislative authority established a Municipal Drainage Utility System within the municipal boundaries of the City of North Richland Hills, Texas, and desires, also pursuant to legislative authority, to provide rules for the use and operation of such system and prescribe and establish fees, together with the assessment, levy and collection thereof, to finance and fund such Municipal Drainage Utility System; and WHEREAS, the City Council of the City of North Richland Hills, Texas finds that the basis for the drainage charges set forth herein is directly related to drainage; and WHEREAS, the City Council of the City of North Richland Hills, Texas, finds that the classification of benefitted properties set forth herein is nondiscriminatory, equitable and reasonable; and WHEREAS, the City Council of the City of North Richland Hills, Texas, in setting the schedule of charges for drainage services set forth hereinbelow, has based its calculations upon an inventory of the lots and tracts within the municipal boundaries of the City of North Richland Hills, Texas; and WHEREAS, in setting such schedule of charges for drainage service, the City Council of the City of North Richland Hills, Texas, has considered the uses made of the benefitted properties, using official zoning maps of the City of North Richland Hills, Texas, for that purpose, and has also considered the size and topography of the parcels of benefitted property in assessing the drainage charges set forth hereinbelow; and WHEREAS, the City Council of the City of North Richland Hills, Texas, finds that the schedule of charges set forth hereinbelow, and the rates upon which such schedule of charges was calculated, are equitable for similar services in all areas of the City of North Richland Hills, Texas; and WHEREAS, the City Council of the City of North Richland Hills, Texas, has held a public hearing on the charges levied and imposed herein, after publishing notice of such public hearing, all in the manner prescribed by Subchapter C of Chapter 402 of the Texas Local Government Code, as amended by Senate Bill No. 1409 during the 72nd Legislative session. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; I ~ I I 1 I I I 1 . I 1 I 1 1 I I Ie I Ordinance No. 1741 Page 2 I. The following schedule of drainage charges is hereby levied against all real property lying within the City of North Richland Hills, Texas, subject to drainage charges under Subchapter C of Chapter 402 of the Texas Local Government Code: A. Basic Drainage Charge. The rates set forth herein are calculated on basis of a drainage charge of $2.00 per ERU (Equivalent Residential Unit) which is equal to $12.84 per impervious acre of land. Runoff coefficients and corresponding rates per acre for various land uses may be modified by the City Council from time to time by a modification of said Basic Drainage Charge. B. Single-Family Residential (R1, R2, R3, R-4-SD, R-5-D, R-6-T & R-8). The City Council finds that the single-family residential lots within the City of North Richland Hills, Texas will be charged at a rate per platted lot based on their zoning when a building exists on the platted lot. The charge per lot is based on the Basic Drainage Charge. Zoning Runoff Coefficient Rate per Lot R1 0.51 $2.28 R2 0.54 $1.72 R3 0.55 $1.48 R-4-SD 0.59 $0.76 R-5-D 0.59 $0.76 R-6-T 0.63 $0.64 R-g 0.62 $0.96 C. All unplatted tracts, platted lots with other than residential zoning, or parcels of land which have solely a residential use are to be charged a drainage fee the same as a platted lot zoned R1 with a house on it. The rate per R1 use shall apply for each residential house which exists on the tract or parcel of land. If in the opinion of the City the tract or parcel contains an above average amount of impervious cover, an analysis of the tract can be conducted to determine the accurate runoff coefficient for the property. The rate for each such case will be adjusted in accordance with the analysis. D. All other lots, tracts and parcels of land within the City of North Richland Hills, Texas, shall be charged on the basis of the acreage contained in said lot, tract or parcel of land, and the use made of such property, in accordance with the following schedule of drainage charges which are hereby levied against all such remaining lots, tracts and parcels of land within City of North Richland Hills, Texas. I ~ I I I I I I I . I I 1 I I I I Ie I Ordinance No. 1741 Page 3 Land Use Runoff Coefficient Rate per Acre School, Church, & Institutional Multifamily Offices Commercial Industrial 0.62 0.66 0.78 0.80 0.81 $ 7.96 $ 8.47 $10.02 $10.27 $10.40 Properties exempted from paying a drainage charge as described in this ordinance are the following. 1. Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system. 2. Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the City. 3. Subdivided lots, until a structure has been built on the lot and a certificate of occupancy has been issued by the City. 4. Property owned by the City of North Richland Hills. II. The City Council of City of North Richland Hills, Texas, may change, adjust, and readjust the rates and charges established herein for drainage services from time to time by ordinance. III. By the passage of Ordinance No. 1727 and the passage of this Ordinance the City makes no representation that all of the City drainage problems will be immediately solved and the City Council is given full discretion in establishing time and quantitative priorities in expending funds as they become available to meet the drainage needs of the City on a reasonable basis. Nor shall the passage of Ordinance No. 1727 and this Ordinance be construed to relieve private land owners, developers and others from providing drainage improvements pursuant to the Subdivision Rules and Regulations of the City as well as any other ordinance of the City and the laws of this State which relate to drainage or drainage improvements. IV. The City Council of the City of North Richland Hills, Texas, may, by subsequent ordinance, adopt rules for the operation and conduct of the North Richland Hills Municipal Drainage Utility System, including exemptions, if any, from the drainage charges levied therein, consistent with its authority and State law. I ~ I I I I I I I . I I I I I I I Ie I Ordinance No. 1741 Page 4 V. Severability Clause. That is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared 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 and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Effective Date. This ordinance shall be in full force and effect from and after its passage; provided, however, that the Municipal Drainage Utility System charges levied hereby shall take effect on October 1, 1991. PASSED AND APPROVED this day of , 1991. APPROVED: Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for City I I.epartment: I Subject: The video submitted to city Council on July 22, 1991 described various funding options and proposed drainage projects. That video recommended a funding combination of drainage fees and a proposed General Obligation Bond Sale. The proposed projects and funding source is identified below. 4. CITY OF NORTH RICH LA NO HILLS Public Works Proposed 1992 Capital Improvement Program for Drainaqe Proiects Council Meeting Date: 8/12/91 Agenda Number: PW 91-25 Projects Proposed: 1. Calloway Branch Phase II-B Maplewood Bridge to Lola Drive (to include Lola bridge.) $2,762,494 2. Little Bear Creek Tributary I Channel Improvements adjacent to Northfield Park 240,000 3 . Calloway Branch Bridge/Channel Improvements at Hightower Dr. 505,000 Unspecified Balance Total Proposed Projects 19,506 $3,527,000 1.. Funding Source: 2. 3. Proposed G.O. Drainage Bond Sale $3,000,000 Estimated Funds from Drainage Utility at $2.00 per ERU (1/1/92 to 9/30/92) 417,000 Interest Income Total Funds 110,000 $3,527,000 The debt service for the proposed General Obgligation Bond Sale will have no affect on the 1991/92 budget. The debt service payments for this bond sale will begin in fiscal year 1992/93. The projected impact on the debt service tax rate for 1992/93 is below the rate identified in the 1985 General Qbligation Bond Package. As indicated above, it is the recommendation of staff that a minimum of a $2.00 per month ERU fee be established. The proposed effective date of this fee is January 1, 1992. The estimated amount for fiscal year 1991/92 is $417,000. The annual revenue amount for future years is estimated at $556,000. Finance Review GO/REV Acct. Number Sufficient ~v~~ [Z~~ ~ r2-ft- ~ City Manager . Finance Director ~ ~ Source of Funds: ~onds (GO/Rev.) ~perating Budget 10th I ~ ent Head Signature CITY COUNCIL ACTION ITEM f 2 I I I I I I I I I I I I I I I I I I Recommendation: The following recommendations are submitted: 1. That the City Council authorize-preliminary work required for a $3,000,000 drainage improvements bond sale in January, 1992; 2. That the 1992 drainage improvements ClP listed above be approved, to be financed from the bond sale and the proceeds of the $2.00 drainage utility fee, subject to its approval and implementation by January 1, 1992. CITY OF NORTH RICHLAND HILLS . ,.." '. --- - ---<; \ : 1 í'\--1 ,/ . '-~ ':/-1~ - ~: ". I .'.... , .. / f!!JP"O E,tITj . ø --- ''R - .. . ~: , C:::J't::J 0 ".' 0 r:::- r; .. · . I J , . . . . .. 4A ~:. ,..:.---::.. t:Jf:j~...,' ~r', ' :,0/' '[})"O .~' t b .. rfJ·/. :0: ,...1 ~ '., ' 0 f::J . eo- · I 0 0 ~ " ,é), Q r:J.' ÇJ ~~ a 1/;:" -Ä::. - 0 C:J C:J ' :. \' I - -- 0" ~ . Of::],. :.11 1,0 0 U'.· . .'¡;Jf;¡ Gte. " C:J 0 I V ¥ '.'! . ',t::J'f::J 0' . .:., ,OJecr .~: ~,~.o .:;,[) r-;: " f? : 2J ~; 0 (§ . ·b '0: 1-. ~ -.22J//~ ' ,_ ~. .... ,- ,'.- f:J C::J" ' if....¡' . ''"- 'l! / c:ú;:¡ 9 "t' Ç:¡,," 0 ,", 0 '. ~'O' ~ - .I..'::J C:J C:J'~ I~" :~~ /!cj6t::J~~'~' ~Q,::: 0 ,~..' - ',- :c:JQ~8/,[;;/,£:::g.<·ö~j.p~'!¡(Y§::¡~_ O '''I' J I"--. · :. ," , .. "-J Q,.... , .;' r-,' -:' . ., '_~.08~ "~'"'- . . 0 ¡ . ~ . .,........", I 1;/',.. {';-..:l '~/i _ / ~r ~ I '-.. I r-.. - · , , -... '''''' · "" I I · i 4A I 1 . , I "'- . , 7. _ .(... l ... I 7 _ ~_ of /.-.J I ( :t.:' -- +,--- >- =':: =:L=-:: a~-: ~: -::----+ . '.f . 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H~eAN z~t\· .. - -- --. ---- --- ·"'-U H__ - - : 1 - ¡S" - -.. ~ - ~~ - ~ : I FLOW~ .:-~ ~__ -~~=4 : -=:= -.=--=;==-_-.:.::;-~ ~_ L - =- ---- ¡ --I ~ t:- ~ ~ ':-~l-~~~ -- ~! -~:t-::-;---=t:':_-:d,l(;T"; -·-~_-=:::r:~i , ., · ~ .c .1- ~ ~ t' f t 1 ~. f : i~TEA'" WATt.K -.,.. t.. ~. t---. ____ I I ! ¡ I: ! t ~ .. ¡ .; ; ¡ I ~!~ACI .PROF Il E -,.:. t.;; : : ¡ . -t.:-:-=: -- ~J-! -~--=:::::= ! ~ I !~ I ! ~ 'ª . ~ i! ~~R~~ ~~i TS:: ¡ ~ i j j ~ ~;,n ¡ ; ~ .~~. __ j ~ j 1! ! I ~ ~ ! T T ~: ~ ! fLOWS, ¡ en , '_~,. _:....~: I ; ~ ;~ -.. ~t ' .1; -~ --=- : - ----- : · --:- --:- ~--..;... _ _-=::--== : .. · ;4 - IL-i----:'._ ~t;' :...~ i ... '1: -. r- - -'-. 'i'.... ~ :--+::.:~~_-= _ _: --= '~_ ~-- i l~+-·--'i,· ;-~'-. --. · ~~-~.~ ... -----~-- _.. '-' ...- .. - ..... - ~. -. .- - -.. >--.. - - · - ~ Î ~~ 1~·! t t - _ --'1 .:. .-: -. -- 'iL:¡;¡;- __ -==. -t---- I I r-r I -~- : ; "...,~.; ..--7: --"-:"1·h·:_··t~-_.: -~:: ~=-- ~~::t:~ --~ - 1-...- ----~ -- ~ -- U~I'" , ._~~ J~;:~ II, ~, ':'-=_ - ~ ,-_ So&~~~8Õ- '=:- PROJECT: CALLOVAY BRANCH CHÀNNEL, PHASE II-B, From Haplewood Avenue to Lola Drive " 1.__- L 1-: 1 - ..- - .'.~~=-= - -:.r- .. - ~~ -- t --- .1 1''' I"~If",^'" - · ~ -. -f ~-I~ ~..~ .ny i.l_D_V~~' DESCRIPTION: Concrete Channel Liner and New I !~IV'~~_ ~~.. - .-------+~- ----. --- -- ---- -~~.,~ Bridge at Lola Drive ¡) . - _.--~ - -- -- ~~ I"'\T ¡..- .r _~~~ -- ~.- - -- __. - -~- ", - .1I~'" I - . - --- = .-.' -- .-. -------- . -.. ~=-: _-::~ =-~~-: _.. ~:-- - ~~~ - ---~- ,->-- HOHES BENEFITED BY DRAINAGE IMPROVEMENTS: 101 I -/' r' ~ . ,'" I . ~ · . 4 ;..... .. r~ ) . \ ~1 11£ . .... .:': (~ 1_ \' 1- c:: ,.....", ~ .J.r -=... . - i ESTIMATED PROJECT COST: S 3,000,000 -. t- -..- --.- - - -.- _.- , - - - ~- -:.---: - -" - ___ __~ . ~p CONe, ~ HAN~EG~lN£ ~ IB- 7~,·-- II! ~¿,- PA~~OSE ~:-CO~CR£~E-=< HA ~ I 1 C791 ..-- :f--.S ~'~ -~== -. - -- ,- - -;~ --~ o~ ·-~204· :206-- 208-'-2.0 '2;2 214 216 218 PROJECT COST PER HOME BENEFITED: S 29,703 220 222 224 226 228 230 232 2~ I :~':.~ '. --- I ~~~.. .. : · . Y"" ~--ç,. " - . ',~. . .11..·. '. ,....". ..~~~ :.~'JZ." . ... .... .....: I Á---' Ie l_ "'r, ....'¡ , ' : ..._. '\.. ......h. . -.. .1:.... .'. , .. . -...- ..-.-. , I I ,r ' I r I f . , . . .. , . o· -:r 0 0 1.'-- . 4 _-:.~ .·f It . ~ J" ., j .:.' .. '...' .- '. : . .'4 -.. .~ ~ -,. ;.... 't." . . . . . o I _, ·t~'-· . _ :J '. . PROJECT ...J . , .. / . ! ',: . , . .. I' I .0 CALLOWAY BRANCH PROPOSED CHANNEL IMPROVEMENTS ~ .~ : .. .. - f .. . tS, // / , / .... ~-_l,_:&!!! / .~ D '¡ 1··1~$~",. L ·t~·" \r / +- _ . . ---~-t ....--+-.. --~: .. _ _} _~1OCJ3.UO-C .,~t~-=r+ -- QIOe :~. Z ~eot C.,. s:: -.-:--~ '-:QIOC)-. - ..~... _ ~ : _::E~,.~:~a-c "_"S4 _. ,:: .-.1~· ...~.IO~_·. ~ ,891; c.n....-· ::: _~-:.r::-~~~T"' - ¡ .. :-+ _ ._ _ _ . t:". t . .. ~ - .. II! _ ":':.:- E ..:·:-1 å,oC tŒS iG'n. 2. ÎSs' C F S"t:- >-:: _ - -1 . - - - -::::: ~ ~.. -::-~:=: . t= >- . .... ;... .. -- r' - - . 1 ...: .:: -- ¡ : 1 - J.: . - - .... . ¡: . u' _ -:::-- .::::.- . - . - ; ~ - . 1; E ._~ :;....:-.::.3 .....-_ - " : ..... ª' ;;. ... . - -~ ____.¡¡: 0-- --- - . ~ : ¿:~ .~_::r-'" ...--r-:=,-=-~ ._~ 1==' :.:! r. .:-':: . : _ :; _ ;¡:. :.~ - ~ ~..-=-.:...;:- · .-- ;-:-::-=- .:-=-~.~ '£"»1 :WA1t~ ~ . _ ._ >-.:.~-¡:-..: -=--1=-:' _...._ -:'.-:: ---.:;- r.: _ ~¥ l- . i:i _ .... _~ =. ¡;: j- ':.: - !.- F~'" i .:.-.: -=-.:.-¡:=:: ÄNO- i~ Ul ,¥-. ¡J:¡8A" ~ t _:. --::.__ ~ :: _~; __. _~. . . _ ... __ ~ ,. __;: . . __ ::J;:: ~. t . ¡; :: T - !> ~ - .:.:t:±, k::=--' .:'::- ===-1=' -:=-.: t=:= - - . -1:::== .::: _.. ;:::....-.,- _~ =+=~ _ _~, ~ ~-:-~__ -r ..' ___~~' . ~_;!.._ ;J,}! ~ _ :'!-1'-- - .~~~:l - - ~ =-+- - --=- _ ___-+-----~ __-_~. +_.__~& _...... _-- _t::.. ~... _ _ ~~...._.. .... ¡¡; .. .ü. - -;..+- ......-_. -- ..--... --' >-----..¡...-=~ -- ._ +-. --i-' _ _->--.... __ . ¡¡. ... ¡=-..- ..,: -- - .!. -----.:'! ., .. -. ....-+-t ... .~.- .--' .- _>- -r".~ --::~:. _ >- - __::!.. :=to .. . ~~;~... ~ ~ a t.4L...., .t, - :J~ -- ~--+-.. . :-+--. - - - - -- ~~~ ;:-: _ _ 1::---;; ;;;;-:-. - Ë ~ _>-- _ _....... -::= 'j- --. : f-: ~..1 :: = ..j.<'. -VT too. + ...- ~-=-+== ~r- . . ..__~~ _~_:;.. ,0-.-' .. ...... .,.;.. - ~-.. ....~, ------ .. '---1 ------ ~~... _. _ ø _.. _n ,. ~___~- - ~ :: -.-- · -- ~-~ + - - - .~~ ~ - -. f /' J . . - -.-...",.. ~~:: . : !'!'=.: ~ .._. ____. ...=_ . .... :-..~~. _i':¿:;"~-, _1-..;:.......'"""- ~~:.._--:"-=i---'-- ~ -- ~ : __~.::::... ~ ._~ .~ .'~ _ .__ . .. ;..~ .: ~-:; ~~_ -'" TI ¡ ,-:..:t..::.:::: ~~- ......-~1~1 . "~N~~ _>- ::t:-- J ~ . __ ~. ~ . . _. .. __ ¡- .-:-___ . . :'-. . It L:.~ ..... . --:-:-:--.- L---~... ~ rr.'~,.. II: ","" - ~~ _ _,- ..--,_..~~~,:::...:.-t:. .-. . i.- ~-:-~ Þ-r-~Þ..--:' ._. - ~ -f--~,,:::;,,- t- ~~~~~~ -- ~" ::..:-:¡ -- ~- ~ ~-~'f'''- . ~ ~ --- - - ~'-- ...-- -~. -' .---. -.-- _ -- 1::"'--+-- -- - ~ ~ .- -- .._- ,.- _. - _ ;~".. _ -;7:~;r~TI~~~i I"¡ ~-=;~ ..=-=::;g.; ~~==-~~~~~@Ë~;:::== :.-~:~. ::.~:=--:~- - . :- ~~---=:-=:~ F=- ~~--~-::F-:: ~:t:::- ~~ r:::~ ---= .þ ,- ./ . . . :eo I !I . _·0 f:)"",- ~..' 0° 7 o \ ,...fEJ t:l :0 V \. ,.':I"'-~ · -----k ~_L_'O it ---\ 4/·--::-:-:-' -. D~ o :D~ .. - .. - - - .- . . ~~. Iv --. ~ ~. ~- ~I'~ 3!! - .-- ~,--_. ~..- - ~. .-~- ..... ~----~ --- ._~- ~ r_ ._i---- - -- - .' --~_. -- 'L!I ~ ...:.:.: ' 0:-=--- - - - -..:.".- ~~~~=nL:rÌ01-s:,=~ft"·_ ~ IRWI I I I I I PROJECT: CALLOVAY BRANCH BRIDGE AND CHANNEL IMPROVEMENTS AT HIGHTOVER DRIVE I DESCRIPTION: New.Box Culvert at Hightower an' Concrete Channel Liner for Erosion and Flood Control .- .- -- . ~ .. -" . - --... ::~- :.:. ---' -.: .-::- . ¡ =-=--=- - ESTIMATE PROJECT ~ú5I; ~ C)OS.OO I Ie HOMES BENEFITED BY DRAINAGE IMPROVEMENTS: 1 - __a - '.' 5:1 PROJECT COST PER BOME BENEFITED: S 38,8~ I 346 T. 31 ~ t t 356 358 , 360 366 368 370 312 374 3 · ~~- f. --. f . II 1 :' ,. I. I ". t .; ¡ Z · .. U:~.- ~-~-! I -. ------- - --;-~ --r-- - !::: w ;¡ .. .- ' ,. ,j " t. I = I' ~: :=. :: : ": - ~ ... =-_I·~ ~...: ~: ~ ~ j .. . . , :, ~. 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V _ ;.,-.-., ,"~~--," :5 ShEE- - I '"' '" CHANNEL IMPR EN~ -'., ?_~_ <.~.- -- .' ~..' ,..: I ," <D ( ;' .::::- '-t::::J .''/. ~ '. I ,,~\. : · ~ ..f '. ........... ~......... ... I...... ...-- -- ~ :::- ··:-:.i-·~ : ::-F- --::-:::i~··-l--·' 0 I J~ ;'[KI'~GI -~,;~b- C- ~~,: -I ::. - :--r::. :-~- t::- -. ::'1 r -"- ~- J --~~l ~--- ~J~ -. ~-~~.J~- : ~ 'p IF µ rV:~E:' .(~T ç I S. : -. _:-_-~:: -::: _.: _ ~ .t. -'~i~--:-=:'--~ .. ~ :~ ~ :.:::.. i :.:..-=: : --. L- ;~T= ~ · -- -f :"- ~ ~ - ! -:.::~. _. _ -L _-= __ :':-·1- -- .::?-¡ .:;: -=- j::: - .~- ~ ---: ~I ~::___:. ~ -- _ . -. · - .-. ---- -- - -. ,. -- + + -- tf N ~ ~ =- -=-. -.:-; -----1-- -- -_ t-._-_·_- ---t - . .. .. -_ '..~-,:-__. f .. -1: ~:.: .~_ ....,.._--..~..___.. ._ _+' ::. ._~~-_ - ..- ~_ _ --.:___. ... .;...; _ . ~ + - "'t' - · --+- . +----- --to ... ~---.-t -_...~ -..-.. - ~ .,~. ~~ !2 '. . -.. !--.- ... .~-== ::..- =::.::~ - 1 -~ -- - . ! >-!'- ::= --1:: .:.- ¡ _ - f- .:; !:: ~ ~ ; I / / . ! ib~ ¡ i ¡ ---L- -~;: "';;.::' ~ ~ .. "" ....I:~ õ .: zf'i =~ a -~-:. i .4~ ~a...~ .4," ~ I ~ ,.. 1.2 - N.. ..~.. (\, .... ,~o.t ,..,. ~ ¡; ··F:~ ~~ e -. ~?~:~~§~: PROJECT: .. -~ - '. ,- _. .-+.-. -.. .. .. ".. -.. -.----- :-~ ~ \-=~~~ rT --- -- I _~ -r---~- \...::- ---. .~ ._ _.-l-- --r : - t -\~.. ~-~ ~_ 1----;- _._~\-._.._ ,-T-- .- ~~ : .T11-.f '\c Þ--- ~ ~ ~ ~ LITTLE BEAR CREEK TRIBUTARY 1 CHANNEL . . : - ~ HOMES BENEFITED BY DRAINAGE IMPROVEMENTS: 5 - ..- ~ ~ :t!. ~ - -- - - ;:= I'-- ~ - := == - tE - -' - - 28 ..~ .. DESCRIPTION: Concrete Channel Liner u - ESTIMATED PROJECT COST: S 240,000 . --.. : t .- f'rd~~o~' ~ r: PROJECT COST PER HOHE BENEFITED: S 48,000 I l' . J 'J B'~~' þ 2 4 6 8 10 '2 14 16 18 20 22 24 26 -. ..._-- ----. -. -... CITY OF NORTH RICH LA NO HILLS . Council Meeting Date: 8/12/91 Detention/Retention/ Ordinance No. 1753 Agenda Number: PW 91-26 As previously instructed by Council, we are bringing the subject ordinance to you for your consideration. The ordinance will allow use of detention, retention, or decorative ponds in the City. Until now, each request for use of a pond with a development was considered individually and the proposal had to be approved by Council. The basic minimum criteria detailed in the ordinance is briefly outlined below. L Designed using 100-year frequency storm runoff. 2. Discharge from detention or retention ponds to be equal or less than the runoff rate which existed from the watershed prior to the proposed property development. 3. The stored runoff in a detention or retention pond shall drain off completely within 24 hours of the end of a rainfall event. 4. Brick, stone or concrete edge treatments will be required around retention and decorative ponds. 5. Side slopes will be 5:1 in detention ponds and 4:1 below normal pond elevation and 5:1 above in retention and decorative ponds. 6. Maximum depth to be 10 feet. Velocity of flow through the basin not to exceed 5 feet per second. Detention ponds will be installed with a minimum 12 foot wide concrete flume along their bottom. 9. Concrete access ramps will be required for all detention and retention ponds and must connect to a public street or parking lot. 10. Six foot high chain link fencing will be required around the pond. 11. Maintenance of the pond will be the property owner's responsibility by covenant. , 12. A "homeowners association" will be required in all residential subdivisions which propose a pond. They must accumulate and maintain a monetary reserve for maintenance of 20% of the original construction cost. Staff also met with several of the local developers and engineers and discussed the proposed ordinance. They voiced some concern on fencing, maintenance bonds, and ownership of the ponds. Staff has reviewed their comments and revised the ordinance where we felt applicable. Recommendation: The staff recommends Council consider adoption of Ordinance No. 1753. Finance Review Source of Funds: Bonds (GO/Rev.) ~egfherating Budget Acct. Number Sufficient Funds Available ¿~ , City Manager CITY COUNCIL ACTION ITEM , Fmance Director Page 1 of 1 I I f I I I I I I ~ I I I I I I I Ie I ORDINANCE NO. 1753 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS PROVIDING FOR DEVELOPMENT OF A DETENTION, RETENTION, OR DECORATIVE DRAINAGE FACILITY IN THE CITY OF NORTH RICHLAND HILLS; DECLARING PURPOSES; STATING SCOPE OF AUTHORITY; DEFINING TERMS; DESCRIBING DESIGN REQUIREMENTS; DESCRIBING THE PLAN REVIEW AND APPROVAL PROCESS; PROVIDING FOR MAINTENANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION I. GENERAL A. statement of Purpose This Ordinance sets forth the m~n~um requirements for development of a detention, retention, or decorative drainage facility within the city limits of North Richland Hills. The purpose for stating the minimum requirements is to achieve the fOllowing: 1. Protect human life, health, and property. 2. Minimize expenditure of public funds for maintenance of these types of drainage facilities. 3. Help maintain a stable tax base and preserve land values. 4. Preserve the natural beauty and aesthetics of the community. B. Authority Any person, firm, corporation, or business proposing to develop property or improve property within North Richland Hills is subject to the provisions of this ordinance. The ordinances would also apply to anyone wanting to install a detention basin, retention basin, or decorative pond within an existing easement, right-of-way, or FIA/FEMA floodplain. c. Related Ordinances The adoption of this Ordinance does not change any of the previous provisions of the Subdivision Ordinance No. 1579, the Design Manual for Public Works/Utilities (Resolution No. 89-17), or the Flood Damage Prevention Ordinance No. 1471. The Detention/Retention/Decorative Drainage Facility Ordinance shall clarify, allow, and reasonably control the design, construciton, and maintenance requirements of these facilities. D. Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to have their common usage meaning and give this Ordinance its most reasonable meaning, subject to final interpretation by the Public Works Department. 1 I I Ie 0.1 Design Flood - The flood having a one percent chance of being equalled or exceeded in any given year based upon fully developed watershed conditions. This is commonly known as the 100-year frequency flood, or Base Flood. "Fully developed" conditions shall be based on the most current Future Land Use Assumption Plan for the City of North Richland Hills, or current zoning map; whichever produces the higher runoff coefficients for the drainage area generating the design flood discharge. I D.2 Decorative Pond - A still body of water installed on a drainage way. The pond will allow the 100-year storm runoff to pass through without any detention storage. I I D.3 Detention Basin - A dry basin or depression constructed for the purpose of temporarily storing stormwater runoff and discharging all of that runoff over time at a rate of flow equal to or less than that which would have occurred prior to installation of the basin. I I D.4 Federal Emergency Management Agency (FEMA) - The federal agency which has and does assist the Federal Insurance Administration (FIA) administering the national Flood Insurance Program. I Ie I D.5 Federal Insurance Administration (FIA) - The division of the federal government which oversees the Flood Insurance Program with the help of FEMA. D.6 Freeboard - The vertical distance between the design flood surface and the top of an open channel, dam, levee, detention basin, retention basin, or decorative pond. The freeboard allows for wave runup, wind tide, hydraulic jump, or other design conditions without overtopping the structure. I D.? Frequency - The reciproc~l of the exceedance probability. For example, a 100-year frequency storm is one which has a 1 percent chance of being equalled or exceeded in any year, a 10-year storm has 10 percent chance of being equalled or exceeded in any year, and a 5-year storm as a 20 percent chance of being equalled or exceeded in any year. I I D.8 Hydraulics - Hydraulics, is concerned with the determination of the maximum stage or elevation reached by the waters of a flood at a given location. A flood is said to have occurred when the maximum stage or elevation results in an overflow upon lands that are traditionally useable by man and not normally covered by water. I D.9 Hydrology - Hydrology is concerned with the magnitude and frequency of the flood flow. The magnitude of the flood flow is the statement of the quantity of water that results from a given storm, whereas, the frequency is the statement of the average return or occurrence of a flood event. I I Ie I D.10 Inflow HYdrograph - Inflow hydrographs are used to determine the stormwater flow volume into a detention basin, retention basin, or 2 I I 1- decorative pond. A hydrograph describes the variation in flow rate over a fixed period of time. I D.11 Normal Pool Elevation - The level at which a decorative pond or retention basin was designed to be prior to a rainfall/runoff event. In a decorative pond, this elevation will be the flowline elevation of the outlet control structure. In a retention basin this elevation will be the water surface of the conservation pool. I D.12 Open Channel - A channel, branch, creek, or stream in which water flows with a free surface. D.13 Pond - A still body of water located on the surface of the earth. I D.14 Rational Formula - A means of relating runoff from an area and the intensity of the storm rainfall as defined in the Design Manual for Public Works/Utilities Department. I D.15 Retention Basin - A pond which has been designed to have both a conservation pool for holding water indefinitely and a flood storage pool for storing stormwater runoff on a temporary basis for the pUrpose of reducing the peak discharge from the basin. I I Ie I D.16 Surface Water - Surface water or sheet flow is water on the surface of the ground, the source of which is so temporary or limited that it cannot maintain for any considerable time a stream or body of water having a well defined and established existence. Surface water is derived from falling rains and melting snows, and continues to be such until it reaches some well defined channel in which it concentrates and flows with other waters, whether derived from the surface or springs; and then it becomes the running water of a stream, and ceases to be surface water. I D.1? Swale - A shallow waterway. Swales are required above underground storm drains with capacity, along with the storm drain, to carry a 100-year frequency storm. The City's Design Manual requires that such swales shall bè concrete lined. I D.18 Time of Concentration - The estimated time in minutes required for runoff to flow from the most remote section of the drainage area to the point at which the flow rate is to be determined. I D.19 Watercourse - A stream of water of such well defined existence as to make its flow valuable to the owners of land along its course. A "recognized" watercourse is further defined as a channel, creek, or underground storm drain which has at least a 10-year conveyance capacity without flooding adjacent property. I I I Ie I D.20 Watershed - The area contributing storm runoff to a stream, pond, or drainage system. 3 I I Ifj SECTION II. DESIGN A. General I The design criteria shown or referenced in this section are the mlnlmum requirements to be allowed. Any deviation from this criteria must be reviewed and approved by the Public Works Department for Use by the developer and his engineer. B. Runoff Calculations I Detention/retention facilities or decorative ponds shall be designed based on a lOa-year frequency storm runoff for the upstream drainage watershed area. I B.l Rational Method I The "rational method" can be used to calculate the runoff rate and volume for drainage areas less than 750 acres. The formula for this method is Q= CIA. I B.2 Hydrograph Method I The "hydrograph method" will be used to calculate the runoff rate and volume for drainage areas equal to or greater than 750 acres. One of the fOllowing unit hydrograph procedures shall be used. -- I 1. HEC-1 developed by the Hydrologic Engineering Center (HEC) of the U.S. Army Corps of Engineers. 2. TR55 developed by the U.S. Department of Agriculture, Soil Conservation Service. I Use of other hydrograph methods must be approved by the Public Works Department prior to beginning design. C. Flood Routing Methods I The flood routing computer program to be used shall be either HEC-2 from the U.S. Army Corps of Engineers or TR20 from the Soil Conservation Service. Use of other computer program routing methods must be approved by the Public Works Department prior to beginning design. I D. Parameters I D.l Inlet I I Ie I The inlet structure shall allow for the upstream lOa-year runoff to be discharged to the pond in a manner which minimizes erosion. D.2 Outlet The outlet structure for detention basin, retention basin, or decorative ponds will be constructed to minimize erosion and allow for the lOa-year storm runoff to be discharged in a controlled manner. An outlet control 4 I I - I structure will be installed on detention/retention basins to achieve the design discharge equal to or less than the runoff rate which existed from the watershed prior to this proposed development. I On the outlet structure for retention basins or decorative ponds, an emergency outlet valve and pipe shall be installed. The valve and pipe shall be at least eight inches in diameter and meet all City requirements for water system pipe and valves. Installation of the emergency outlet valve and pipe shall allow the basin or pond to be drained to within one foot of its design bottom or closer. I D. 3 Storage I The detention/retention storage basin shall be designed to store that volume required to reduce the discharge rate out of the basin to not more than the runoff rate which existed from the watershed prior to this proposed development which includes the basin. The detention/retention storage volume excluding conservation pool shall drain out completely within 24 hours of the end of a rainfall runoff event. I D.4 Freeboard I A minimum freeboard of one foot shall be required. This will be the difference in elevation between the lOO-year storm design water surface elevation, plus increased elevation created by wave action, wind tide or hydraulic jump, anYWhere on the detention/retention basin or decorative pond and the lowest point on the surrounding embankment within the drainage easement. I a. I D.S Edge Treatments D.5.a Detention Basin I No "edge treatments" will be required, but a minimum twelve foot wide, six inch thick reinforced concrete flume with six inch curbs along the entire length of the detention basin bottom will be installed The flume should drain to the outlet on a minimum of 0.50% grade. I D.5.b Retention Basin I Edge treatments shall be vertical walls made from reinforced concrete a minimum of six inches wide or brick/stone with concrete core a minimum of eight inches in total width will be required around the entire perimeter of the pool. The bottom of the edge treatment will be designed to be below the normal pool elevation (i.e. outlet flowline) as deep as required but no less than eighteen inches and the top of the edge treatment shall be above the normal pool elevation a minimum of twelve inches. The foundation and support edge treatment wall will be designed and sealed by an Registered Professional engineer and shown on the plans. Any deviation from these requirements must be approved by the Director of Public Works. I I I ~ I I 5 I I ~ D.5.c Decorative Pond The edge treatment for the decorative pond shall be the same as that for the retention basin. D.6 Side Slopes I The embankment side slopes for the different basins or ponds will be as noted below unless concrete lined. Concrete lined slopes can be 1.5:1 or milder. I D.6.a Detention Basin I Detention basin slopes shall be 5:1 or milder. D.6.b Retention Basin I Retention basin slopes shall be 4:1 below normal pool depth and 5:1 above. I D.6.c Decorative Pond I Decorative pond slope requirements shall be the same as for retention basin slopes. D.? Overbank ~ I The overbank shall be hydromulched or block sodded with a Public Works Department approved native grass. The grass must be relatively well established prior to final approval of the construction by the City. D.B Depth I The minimum depth of the retention basin or the decorative pond will be four feet from the normal pool elevation to the bottom between the toe of slopes. The maximum depth shall be no greater than 10 feet. I I The maximum depth the detention storage in a parking lot can be designed for is one foot. For all other detention storage basins, the maximum depth shall not exceed 10 feet. I D.9 Velocity I The average velocity of flow through the detention basin, retention basin, or decorative ponds shall be no greater than five feet per second. D.I0 Erosion Control I ~ Erosion control upstream and downstream of the basins or ponds shall be considered in the design. Erosion control systems shall be 6 I I I ~ I I I I I I ~ I I I I I I I ~ I installed where necessary as determined by the Public Works Department. D.ll Aeration All retention basins and decorative ponds will require aeration systems be installed. The aeration system will be designed to keep the standing water from stagnating. All electrical service and maintenance costs for an aeration system shall be the Owner/Developer or Homeowners Association's responsibility to pay. D.12 Water Supply Provisions shall be made to keep the water surface elevation in a retention basin or decorative pond at the normal pool elevation. This will require the Developer to submit plans and specifications for installation of a water well or wells. Another alternative is a separate irrigation service connection to the City's water system to provide the water supply to recharge the basin or pond as needed. The cost of the water used to recharge the basin or pond shall be the Owner/Developer or Homeowners Association's responsibility to pay. Recharge design shall comply with all State and Federal requirements. E. Access Ramps and Easements All basins and ponds will be located totally within a drainage easement and require an access ramp from a park1ng lot or a public street which is made of reinforced concrete and is at least twelve feet wide, six inches thick, with six-inch curbs. A minimum fifteen-foot wide public ingress and egress easement will be dedicated along the access route to the basin or pond. The ramp will extend down into the detention basin to connect with the flume. Slope on the ramp shall not be any steeper than a 6:1. F. Fencing A minimum six-foot high galvanized chain link fence with twelve-foot double swing gates shall be constructed around the entire basin or pond. The fence will be located at the edge of the drainage easement, parking lot, access ramp or headwall whichever is appropriate as determined by the Public Works Department. Fencing will not be required around a parking lot area which is utilized as a detention storage basin. SECTION III. REVIEW AND APPROVAL A. Submittal Requirements Sufficient information should be submitted on all proposed detention basins, retention basins, and decorative ponds. This includes the following items. 7 I I I- A.I Hydraulic study I All necessary computer runs should be submitted in a bound and labeled booklet form. This should include backwater curve runs on existing conditions prior to development of the subject property, proposed existing conditions after development of the subject property, and fully- developed conditions after development of the subject property. A.2 Final Construction Plans I Construction plans should be submitted on standard twenty-four by thirty- six inch blueline sheets. The plans will include plan and profile of all the basin or pond with its inlet and outlet structures, edge treatments, fence, and upstream and downstream erosion control. All design calculations and graphs showing the detention or retention storage design must be included in the construction plans. A grading plan for the basin or pond area along with the drainage area map must be included. I I B. City Review and Approval I The normal subdivision review process will be followed. Preliminary construction plans will be submitted with the preliminary plat. Upon Planning and Zoning Commission's approval of the preliminary plat, the final construction plans with final plat can be submitted to the Planning and Zoning Department. .1 Ie I The final plat and plans will be reviewed and approved by the Public Works Department and submitted to the Planning and Zoning Commission (P&Z) for their consideration. If the P&Z recommends approval, then the City Council will consider the plat and plans. If the plat and plans are approved by the City Council, then construction can begin subject to any State or Federal review being necessary. C. Federal and State Review and Approval I All projects will be reviewed in accordance with the Flood Damage Prevention Ordinance. Those projects which require a Flood Insurance Rate Map revision will be required to comply with the paragraphs contained in this subsection. I C.l Conditional Letter of Map Revision (CLOMR) I The Developer's Engineer will submit the necessary hydrologic and hydraulic studies along with an application for a CLOMR. The application will include the preliminary application fee along with all of the support documentation deemed necessary by the City. After review and approval by the City, the application will be forwarded to the appropriate State and Federal agencies. I I A permit to construct the necessary fill and/or public improvements will not be issued until a favorable response is received from the appropriate State and Federal agencies. I -- 8 I I C ') .'-"' Revision to the current Flood Insurance Rate Map I ~ After the items of construction have been installed and inspected by the City, the Developer's Engineer will submit an application for a map revision or ammendment as appropriate. The City will review the application and supportive documents for compliance with City ordinances. After review and approval by the City, the application and supporting documents will be forwarded to the appropriate State and Federal agencies for review. I I The City will not grant permission to occupy a new structure within the existing floodplain until a favorable response has been received from the necessary State and Federal agencies. II SECTION IV. CONSTRUCTION A. Preconstruction Meetin~ I The normal preconstruction conference must be held for any project to be constructed in the City. The following items will be required for the basin or pond prior to or at the meeting. I * City inspection fees for Public Works construction. Any necessary State, Federal, railroad company, or utility company permits. Owner/Developer Maintenance Covenant. Homeowners Association Deed restrictions (filed copy). I * * * Ie. I B. Erosion Control I The Owner and the Contractor are totally responsible for the control of erosion during construction. The Contractor and Owner shall provide all erosion control systems necessary during the construction period in order to minimize the detrimental effect of the sedimentation on downstream property owners and its accumulation in the public rights-of-way and drainage system. I c. Landscapinq I All landscaping must be installed prior to the Public Works Department approving the construction. D. Maintenance Bond I A two-year Maintenance Bond on the construction of all basins and ponds and their associated facilities will be required. The Maintenance Bond will be for twenty-percent of the total construction price for the basin or pond facility. I I ~ E. City Approval The Public Works Department will issue a "letter of approval" for the detention basin, retention basin, or decorative pond after all construction on the pond is complete. No bUilding permits will be issued 9 I - I I I- I I 1 I I I fw ,I I I I I I I -- I C. in a residential subdivision until this approval has been given. In a commercial, industrial, or mUlti-family addition, only the permit to install the plumbing and foundation will be allowed prior to this approval unless federal or state permits are required. SECTION V. MAINTENANCE RESPONSIBILITIES A. General The maintenance of the detention basin, retention basin, or decorative pond is essential to its proper functioning. This section outlines those maintenance responsibilities with reference to all parties involved. B. Contractor The Contractor is initially responsible for all erosion control and other maintenance items related to the basin or pond construction until it is approved as complete in writing by the City. Owner/Developer The Owner/Developer shall execute the Detention/Retention/Decorative Pond Storage Facility prior to the Council approving the plat. An example of the covenant is shown below: OWNER/DEVELOPER COVENANT FOR MAINTENANCE OF DETENTION/RETENTION/DECORATIVE POND STORAGE FACILITY WHEREAS, by plat approved of Addition on , 19____, by the City Council of North Richland Hills; and WHEREAS, a Detention/Retention/Decorative Pond Storage Facility will be constructed for the said addition; and WHEREAS, the owners and developers of the Addition are willing to pay the full cost of construction of the Dentention/Retention/Decorative Pond Storage Facility, and arrange for perpetual maintenance of said drainage facility; and WHEREAS, the owners and developers of the Addition, or their heirs and assigns, shall agree to reimburse the City of North Richland Hills for the full cost of maintenance of the said drainage facility in the event that the private owners default on their obligation to maintain the Facility as required by the Public Works Department. WHEREAS, the owners and developers of the Addition also agree to hold the City of North Richland Hills harmless against any claim of damage from the downstream property owners that may result from overflow of the Detention/Retention/ Decorative Pond Facility due to inadequate design, construction or maintenance procedures. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT: 10 I I f , owners of Addition to the City of North Richland Hills agree to pay for the cost of construction of the proposed Detention/Retention/Decorative Pond Storage Facility which shall be constructed in accordance with the City approved plans and specifications, and shall also agree to provide maintenance of the proposed Detention/Retention/Decorative Pond Storage Facility throughout the full duration of the site construction, and shall further agree to provide continuing maintenance of the Detention/Retention/Decorative Pond Storage Facility after completion of the site development and final approval of the Facility's construction by the Public Works Department. I I I This covenant is made to the City of North Richland Hills, Texas, and shall run-with-the-land and shall be an obligation and charge against said Addition and its present and future owners. I I I ~ I This covenant is given in connection with the platting processes of the City in consideration for approval of the plat of Addition on 19 WITNESS THEIR HANDS this _____ day of , 19____. (for a natural person acting in his or her own right:) STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on (date) by (name or names of person or persons acknowledging). I (Seal) Notary Public Signature My commission expires: I I Notary's Printed Name (for a corporation:) STATE OF TEXAS I COUNTY OF I I ~ I This instrument was acknowledged before me on (date) by (name of officer), (title of officer) of (name of corporation aCknowledging) a (state of incorporation), corporation, on behalf of said corportion. (Seal) Notary Public Signature 11 . I I, I- I I I I I .1 a. I I I I I I I ~ I My commission expires: Notary's Printed Name The Developer is ultimately responsible throughout the construction phase for maintenance of the basin or pond if the Contractor does not accept responsibility. The Owner/Developer is responsible for maintenance after the City approves construction until a Homeowners Association accepts responsibility. D. Homeowners Association In residential subdivisions where a detention basin, retention basin, or decorative pond is to be constructed, a Homeowners Association (HOA) must be established. The HOA shall collect assessments no less often than once annually. This assessment shall include an amount to be collected and used for maintenance of the basin or pond. The amount shall cover expected annual routine maintenance costs plus creation of a reserve to be used to make major repairs around the basin/pond or to dredge the basin/pond. The reserve will be equal to no less than 20% of the original cost and accumulated over no more than the first five years. The reserve fund shall be replenished within two years after each expenditure. E. Lot Owners The Owner/Developer Maintenance Covenant will be executed by the Owner of the subdivision on which the basin or pond is to be installed and will run-with-the-land. This will be a lien on the property, which will allow the City to collect any monies spent by the City to provide maintenance services for the basin or pond. Ultimately the individual lot owners on which the basin or pond resides will be responsible for maintenance if the HOA dissolves. F. City The City will retain the responsibility to insure that the maintenance of a basin or pond is accomplished. The Owner/Developer Covenant authorizes the City to order maintenance be done if the Owner or HOA does not. If the City has to pay for the maintenance costs, it will invoke the lien provision in the Owner/Developer Covenant in order to collect the maintenance expense and any reasonable legal fees incurred. The City is required, by being a member of the National Flood Insurance Program, to assure that all drainage facilities are maintained which are located in the 100-year flood plain as designated on the Federal Insurance Administration's Flood Insurance Rate Maps (FIRM). SECTION VI. REPEALER That ordinances or any parts thereof in conflict with the terms of this Ordinance shall be and hereby are deemed repealed and of no force or effect provided that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other 12 I ~ I I I I I I I ~ I I I I I I I ~ I ordinances regulating and governing the subject matter covered in this ordinance. SECTION VII. SEVERABILITY CLAUSE Should any portion or part of this Ordinance be held for any reason invalid or unenforceable, the same shall not be construed to affect any other valid portion hereof, but all valid portions hereof shall remain in full force and effect. SECTION VIII. EFFECTIVE DATE That this Ordinance shall become effective immediately from the date of passage and approval. PASSED AND APPROVED, this the _____ day of ! 1990. CITY OF NORTH RICHLAND HILLS Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for City 13 CITY OF NORTH RICHLAND HILLS Public Works ~ Council Meeting Date: Approve Final Pay Estimate No. 17 in the amount of $135.396.10 for Smithfield Road Pavinq and Agenda Number: Drainage Improvements 8/12/91 PAY 91-09 This project was awarded by Council on August 28, 1989 to APAC-Texas, Inc. in the amount of $875,052.20. Change Order No. 2 for this project was the reconstruction of Holiday Lane from Loop 820 to Dick Lewis Drive for $206,421.85. The total contract amount after change orders was $1,077,080.35. Final payment to the Contractor will make his total earnings on the project $1,006,457.81. This is $70,622.54 under the contract amount. The Contractor substantially completed this project on March 12, 1991. The contract completion date was September 18, 1990. The delay in completion of the project was due to utility companies relocating their lines (72 days) and an above average amount of wet weather (103 days) during the construction period. Staff recommends that no liquidated damages be assessed against the project. The project is now totally complete with all final adjustments having been made. Funding Source: Sufficient funds of $1,077,080.35 were previously appropriated by Council (PW #89-33, 8/28/89 and PW #90-28, 6/25/90). Recommendation: Staff recommends approval of final payment to APAC-Texas, Inc. in the amount of $135,396.10. ~ Finance Review Acct. Number 13-08-87-6000 SUffi~nt:~vailable . Finance Director ent Head Signatu e CITY COUNCIL ACTION ITEM Page 1 of 1 I Ie I I I I I I I Ie I I I I I I I Ie I ~~\ KNOWL TON-ENGLISH-FLOWERS, INC. ~ ©~ß~~\/'\\~"_~_I' CONSUL TlNG ENGINEERS / Fort Worth-Dallas ~~ >:;,_", \) \~C?ì '\':) \, \ , ' . August 6, 1991 Honorable Mayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-344r CITY OF NORTH RICHLAND HILLSz KELLER-SMITHFIELD ROAD PAVING AND DRAINAGE IMPROVEMENTS, CONTRACTOR'S PARTIAL PAY EST. 17 AND FINAL Enclosed is one copy of REVISED Contractor's Final Pay Estimate No. 17, dated June 20, 1991, made payable to APAC-Texas, Inc., in the amount of $135,396.10, for materials furnished and work performed on the referenced project as of March 12, 1991. This project includes construction of paving and drainage improvements on Smithfield Road from Turner Drive to John Autrey Road. Also included in this contract, by change order, is reconstruction of Holiday Lane from I.H. 820 to Nor'east Drive. The original contract amount for Smithfield Road was $875,052.20. Contractor earnings for this part of the contract totals $809,684.51, which is $65,367.69 under the bid amount. Contractor earnings for the Holiday Lane part totals $196,773.30, which is $9,648.55 under the change order contract amount of $206,421.85. The combined project earnings totals $1,006,457.81, which is $70,622.54 under the total contract amount of $1,077,080.35 which includes Smithfield Road, Holiday Lane, and all change orders. Attached is a construction status report which accounts for the differences in the as-built quantities and original estimated quantities. Most of the project savings are from unused extra transition paving, unused retaining walls, fence mOdifications, and other miscellaneous contract items which were not needed. The work order date was October 23, 1989, and the substantial completion date was March 12, 1991, which is a total construction period of 505 days, or 175 days over the contract completion time of 330 days. The project inspector has indicated that the contractor was delayed by Southwestern Bell relocation operations from February 13, 1990, to March 27, 1990, a period of 42 days. The contractor was also delayed by Lone Star Gas from April 2, 1990, to May 2, 1990, a period of 30 days. Delays due to utility Continued next page ... 1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267-3367 I Ie I I I I I I I Ie I I I I I I I Ie I August 6, 1991 Keller-Smithfield Road Page companies totals 72 days, which reduces the overrun from 175 to 103 days. Attached is a rain delay tabulation which we prepared from N.O.A.A. climatological data compiled at the DFV airport for the construction period from October 23, 1989, to March 12, 1991. The number of wet days over the average during this period totals 118. The wet days during the utility delay period totals 15, which is subtracted from 118. Thus the number of wet days over the average during which the contractor could not work totals 103, which accounts for the 103 day overrun noted above. Therefore, we do not recommend assessing liquidated damages, ($250 per day), for this project. The two (2) year period of maintenance begins on this date and thus will terminate on July 21, 1993. The maintenance obligation includes sealing of pavement cracks, repair of pavement buckling or other failures, along with failure of all concrete flatwork and other concrete structures. The maintenance obligation also includes repair of water, sewer, and storm drain breaks, leaks or other malfunctions. The quantities and conditions of the project have been verified on-site by your representative, Mr. Ken Matheson, as indicated by his signature on the estimate, and we have checked the item extensions and additions. After the contractor has submitted an affidavit verifying that all bills have been paid, and in the absence of any negative test reports, we recommend that this final payment, in amount of $135,396.10, be made to APAC-Texas, Inc., at P.O. Box 1807, Fort Vorth, Texas 76101. Ve will be present at the August 12, 1991, Council meeting to answer any questions you may have concerning this project. Meanwhile, please call if we can be of further assistance. ~a4w. R.V. ALBIN, P.E. RVA/bvg/f3344119/Enclosures cc: Mr. Dennis Horvath, Deput¥ City Manager Mr. Greg Dickens, P.E., Director of Public Yorks Mr. Ken Matheson, City Inspector APAC-Texas, Inc. - 2 I ;;;; :: ee «~ :: ~ ~ I II O:J eellOO I :J « II ~ '211 .« I I II.... 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'-E CÞO 'Co '- o 'C -'lie: Q) '-~ Ou ~en CÞ "'- co o "'- co CÞO co CD CDCÞ Q w en > W a: I I t-Q.. 8m I I M co N_ - - - I CITY OF NORTH RICHLAND HILLS Department: Pl.lblir:: Works/Utilities ____ Council Meeting Date: 8/12/91 Approve Final Pay Estimate No. 15 in the Subject: Amount of 54 240.87 for Colle e Hills 5.0 MG Ground Agenda Number: PAY <1]-10 Storage Reservoir This 1986 Revenue Bond Fund Project was awarded by Council on January 8, 1990 to Tank Builders Inc. for $736,842. Total payment to the Contractor after change orders will make his total earnings on the project $736,110. The Contractor substantially completed this project on May 13, 1991. The contract completion date was March 1, 1991. We have received the Contractor's request for extension of time and recommend approval of an allowance of 88 days of above average wet weather and abnormal windy weather during the construction period. The project is now totally complete with all final adjustments having been made. Funding Source: Sufficient funds of $736,842 were previously appropriated by Council (PW #90-1, 1/8/90) . Recommendation: Staff recommends Council approve final payment to Tank Builders, Inc. in the amount of $54,240.87. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Oth r --RlliL . Finance Director l)} nt Head Signature CITY COUNCIL ACTION ITEM Page 1 of 1 I -- I I I I / I 1 I Ie I I I I I I 1 r" I - KNOWL TON-ENGLlSH-FLOWERS, INC. CONSUL TING ENGINEERS / Fort Worth-Dallas , IDJŒ © ~ D~_~..>' I, \ \ ,,' ,: 1\\ . \ j \ . ~.! , , I . i ' . July 20, 1991 Honorable Mayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-558, CITY OF NORTH RICH LAND HILLS, COLLEGE HILLS 5.0 M.G. GROUND STORAGE RESERVOIR 15 CONTRACTOR'S PARTIAL PAY EST. ~& FINAL Enclosed is one copy of Contractor's Final Pay Estimate No. 15, dated May 2, 1991, made payable to Tank Builders, Inc. in the amount of $54,240.87, for materials furnished and work performed on the referenced project as of June 25, 1991. This project includes construction of a 5.0 Million Gallon Ground Storage Tank in the College Hills Addition. The work included removal and disposal of an existing smaller tank at the same site. Contractor earnings total $736,110.00, including change orders, which is $732.00 under the original bid amount of $736,842.00. Attached is change order no. 2 in the amount of $3,818.00 which covers the cost of extra site sodding and asphalt driveway replacement, as ordered by the Public Works Department. This change order amount is included in the total contractor earnings of $736,110.00. The work order date was February 19, 1990, and the work was substantially complete on May 13, 1991, (448 calendar days). The original contract completion time bid was 360 calendar days. The extra time associated with the change order no. 2 work was about 15 days, for a total contract time of 375 days. The extra time required by the contractor to complete the project was 88 calendar days over the original time bid. Attached is a daily tabulation of climatological data which we prepared from N.O.A.A. weather bureau statistics listing rain, wind, and temperature extremes which have delayed the project. From the period of February 19, 1990, to May 13, 1991, there have been 117 rain days during which the contractor could not work. From October 31, 1990, until May 13, 1991, during which the painting was accomplished, there were a total of 27 days when the average wind speed exceeded 15 mph, and 60 days when the average temperature was less than 50 degrees. Painting was not permitted on the tank when the temperature was less than 50 degrees, as provided by the specifications, and 1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267-3367 I Ie I I I I I I I Ie I I I I I I I ,- I July 20, 1991 College Hills Tank Final 2 Page when the wind would cause blowing of sandblast materials and paint particles on adjacent homes, vehicles, and other private property. The combined effect of the rain, wind, and temperature delays was 167 days, which more than accounts for the 88-day overrun by the contractor on this project. Ye understand that the tank was in service during the recent Fort Yorth water supply main break and no excessive hardships were created by delays in completion of of the tank. Therefore, we do not recommend assessment of liquidated damages, ($200 per day), to the contractor for delays in completion of the project. The project inspector has indicated that the contractor has been very cooperative in working with the area neighbors to minimize inconveniences to them during sandblasting and painting operations. Attached is an Affidavit, signed by the contractor and dated June 25, 1991, which states that all suppliers, subcontractors, and bills have been paid. The two (2) year period of maintenance on this project will begin on this date, and therefore, will end on July 20, 1993. The maintenance obligation includes repair of any tank material failures, paint cracking, pealing, or chipping; repair of concrete foundation failures, pavement failures, or malfunctions of any other site facilities constructed by the contractor. The quantities and conditions of the project have been verified on-site by your representative, Mr. Bill Rutledge, as indicated by his signature on the estimate, and we have checked the item extensions and additions. Ye recommend that this final payment, in amount of $54,240.87, be made to Tank Builders, Inc., P.O. Box 1527, Euless, Texas 76039. Ye will be present at the August 12, 1991, Council Meeting to answer any questions you may have concerning this project. Meanwhile, please call if we can be of further assistance. ~~w, ~ RICHARD. Y. ALBIN, P.E. 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