HomeMy WebLinkAboutCC 1991-11-25 Agendas
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CI1Y OF NORTH RICHLAND HILLS
PRE-COUNCIL AGENDA
NOVEMBER 25,1991 - 6:30 P.M.
For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301
Northeast Loop 820.
! NUMBER I ITEM I ACTION TAKEN I
1. PS 91-23 Request of Gene Huggins for Replat of Lots 1R-A
and 1R-B, Block 42C-R, Richland Terrace
Addition (Agenda Item No.9) (5 Minutes)
2. GN 91-159 Suspending Tri-County Electric Rate Increase
Application - Resolution No. 91-42 (Agenda Item
No. 10) (5 Minutes)
3. GN 91-163 Animal Control Ordinance - Ordinance No. 1774
(Agenda Item No. 13) (10 Minutes)
4. PW 91-35 Award Bid for Community Center Parking Lot
Improvements (Agenda Item No. 18) (10 Minutes)
5. PAY 91-19 Approve Rufe Snow Drive & Stardust Drive
Signal Cost Partial Reimbursement (Agenda Item
No. 19) (5 Minutes)
6. Other Items
7. Work Session
8. *Executive Session (15 Minutes)
a. Personnel
b. Briefing on Pending Litigation
c. Review of Progress on Land Acquisition
114. I Adjournment - 7:20 p.m. ¡ I
*Closed due to subject matter as provided by the Open Meetings Law. If any action is
contemplated, it will be taken in open session.
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CI1Y OF NORTH RICHLAND HILLS
CI1Y COUNCIL AGENDA
NOVEMBER 25,1991
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 I
2. Invocation I
3. Pledge of Allegiance I
4. Minutes of the Regular Meeting
November 11, 1991
5. Presentations by Boards & Commissions
None
6. Special Presentation by Mayor Brown
7. Removal of Item(s) from the Consent
Agenda
8. Consent Agenda Item(s) indicated by
Asterisk (9, 10, 11, 12, 14, 15, 16, 17, 19,
20, 21, & 22)
*9. PS 91-23 Request of Gene Huggins for Replat of
Lots 1R-A and 1R-B, Block 42C-R,
Richland Terrace Addition (Located on
the north side of Northeast Loop 820 at
Cloyce Drive and Short Street)
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Page 2
! NUMBER ! ITEM I ACTION TAKEN I
*10. GN 91-159 Suspending Tri-County Electric Rate
Increase Application - Resolution
No. 91-42
*11. GN 91-161 Appointment to Teen Court Advisory
Board
! *12. GN 91-162 , Property Tax Refund I I
13. GN 91-163 Animal Control Ordinance - Ordinance
No. 1774
*14. GN 91-164 Amendment to Ordinance No. 1047,
Coin Operated Amusement Machines -
Ordinance No. 1775
*15. PU 91-45 Glenview Drive Sanitary Sewer Project -
Easement Acquisition - Parcel No.2
*16. PU91-46 Award of Bid for Computer Upgrade
*17. PW 91-34 1992 Drainage Improvements Program
18. PW 91-35 Award Bid for Community Center
Parking Lot Improvements
*19. PAY 91-19 Approve Rufe Snow Drive & Stardust
Drive Signal Cost Partial Reimbursement
*20. PAY 91-20 Pinal Payment Glenview Facility
*21. PAY91-21 Final Payment Equipment Storage
Building
*22. PAY 91-22 Final Payment Park Maintenance Facility
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Page 3
! NUMBER ! ITEM I ACTION TAKEN I
23. Citizens Presentation
Special Permit for Truck
Show /Swap Meet - Request from
Ember Oaks Homeowners Residents
I 24. I Adjournment i I
FaSTED
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INFORMAL REPORT TO MA VOR AND CITY COUNCIL
No. IR 91-154
^
~ k1 Date:
~
V Subject:
November 25, 1991
Water Retention Crystals
As you recall, at the Town Hall Meeting held October 290, 1991, one of
our citizens demonstrated the use of Water Retention Crystals. The
attached memo from Tim Hightshoe, Public Grounds Foreman, explains the
City's use of these crystals. It is provided for your information.
Respectfully submitted,
Q~~
Dennis Horvath
Deputy City Manager
DH/gp
Attachment
.. ISSUED BY THE CITY MANAGER
NORTH RICHLAND HillS, TEXAS
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City of JXòrth Richland Hills
MEMORANDUM
PARKS AND RECREATION DEPARTMENT
November 6, 1991
TO Jim Browne
Director of Parks and Recreation
FROM: Tim Hightshoe
Public Grounds Foreman
SUBJ: Water Retention Crystals
RE PRM-12091
The following information pertains to the use of water retention
crystals used by the Parks and Public Grounds Division.
Water retention crystals have been on the market for several years.
Only recently, companies have been advertising and marketing this
product.
The Parks and Public Grounds Division has used a product called
reservoir (which is a water retention crystal) for the past two (2)
years. We have experimented with this product in many different
situations. Through this process, we have come to the conclusion that
this product is most effective in our annual flower beds. We use this
product on the state island at Holiday Lane and Maplewood. This
chemical allows us to go from one end of the scale to the other, dry
to wet. However, too much moisture will produce root rot and does
more damage to the plant material. There are certain areas that this
product is most effective. However, it could be disastrous if over
used.
cc: Jack Giacomarro
Parks Superintendent
TH:gg
(817) 281-0041
7301 N.E. LOOP 820 · P.O. BOX 18609 · NORTH RICHLAND HillS, TEXAS 76180
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MINUTES OF THE REGULAR MEETING OF THE CI1Y
COUNCIL OF THE CI1Y OF NORTH RICHLAND HILLS,
TEXAS, HELD IN THE CI1Y HALL, 7301 NORTHEAST
LOOP 820 - NOVEMBER 11, 1991 - 7:30 P.M.
1.
CALL TO ORDER
Mayor Brown called the meeting to order November 11, 1991, at 7:30 p.m.
ROLL CALL
Present:
Tommy Brown
Byron Sibbet
Mack Garvin
Lyle E. Welch
Mark Wood
Jo Ann Johnson
Linda Spurlock
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilman
Councilwoman
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
Absent:
Charles Scoma
Councilman
2.
INVOCATION
Councilman Wood gave the invocation.
3.
PLEDGE OF ALLEGIANCE
4.
MINUTES OF THE REGULAR MEETING OCTOBER 28, 1991
APPROVED
Councilwoman Johnson moved, seconded by Mayor Pro Tern Sibbet, to approve the
minutes of the October 28, 1991 City Council Meeting.
Motion carried 5-0; Councilwoman Spurlock abstaining due to absence from the meeting.
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November 11, 1991
Page 2
5.
PRESENTATIONS BY BOARDS & COMMISSIONS
No action needed.
6.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
Councilman Wood removed Item No. 17 from the Consent Agenda.
7.
CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK
(13, 15, 16, 18, 20, 21, 22, 23, 24 & 25)
APPROVED
Councilman Garvin moved, seconded by Councilwoman Johnson, to approve the Consent
Agenda.
Motion carried 6-0.
8.
PZ 91-09 PLANNING & ZONING - PUBLIC HEARING _
CONSIDERATION OF AN AMENDMENT TO
ZONING ORDINANCE NO. 1080 REGARDING
CARNIVALS AND OTHER SPECIAL EVENTS _
ORDINANCE NO. 1748
(TABLED AT THE JULY 9, 1991 CI1Y COUNCIL MEETING)
APPROVED
Mayor Brown opened the Public Hearing and called for anyone wishing to speak: to
come forward.
There being no one wishing to speak Mayor Brown closed the Public Hearing.
Councilman Wood moved, seconded by Councilman Garvin, to approve Ordinance No.
1748 amended to state - must be non-residential except for churches and schools, contain
two acres, event to be held no longer than three days, and one permit allowed every 180
days, schools exempted.
Motion carried 6-0.
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November 11, 1991
Page 3
9.
PS 91-17A RECONSIDERATION OF REQUEST OF VOLKMAN
FOR REPLAT OF LOTS 2R-IR THRU 18R-IR, BLOCK 26,
AND LOTS 4R-IR THRU 7R-IR, BLOCK 33,
HOLIDAY WEST ADDITION (DENIED AT THE
OCTOBER 28, 1991 CI1Y COUNCIL MEETING)
APPROVED
Councilman Wood moved, seconded by Councilwoman Johnson, to approve PS 91-17A.
Motion carried 6-0.
10.
PS 91-17B REQUEST OF VOLKMAN'S INC. FOR REPLAT OF
LOTS 2R-IR THRU 18R-IR, BLOCK 26 AND LOTS 4R-IR
THRU 7R-IR, BLOCK 33, HOLIDAY WEST ADDITION,
SECTION 10 (LOCATED ON CANCUN DRIVE AND
BUENOS AIRES DRIVE) (DENIED AT THE
OCTOBER 28TH CI1Y COUNCIL MEETING)
APPROVED
Mr. Volkman, applicant, appeared and spoke in favor of the request.
Council questioned the square footage of the homes to be built.
Mr. Volkman stated they ranged from 1,280 square feet to 1,950 square feet.
Mr. Robert Barbour, 5624 Cancun, asked that the developer work with the neighbors
and City Staff. Mr. Barbour also asked about notification.
Staff advised Mr. Barbour that the 200 feet notification requirement did not apply to
platting cases.
Mr. Randy Bellamy asked that the moratorium be lifted on the lots on Cancun as he had
already purchased the lot and had plats drawn to the R-8 zoning.
Mr. Bellamy was advised action would be taken on the moratorium under Item No. 14
on the Agenda.
Mr. Thomas Garland, 5644 Cancun, had a problem with the zero lot lines. He would
not be able to get in and out of his driveway.
Mr. Garland was advised to get with Mr. LeBaron and see if it could not be resolved.
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November 11, 1991
Page 4
Councilman Garvin moved, seconded by Councilwoman Johnson, to approve PS 91-17B.
Motion carried 6-0.
14.
GN 91-153 MORATORIUM ON BUILDING PERMITS IN R-8 ZONES _
RESOLUTION NO. 91-41
APPROVED
Councilman Wood moved, seconded by Mayor Pro Tern Sibbet, to approve Resolution
No. 91-41, moratorium to be for 90 days excluding lots on Cancun and Buenos Aires,
and staff to have recommendations back to Council by December 16th.
Motion carried 6-0.
11.
GN 91-97 CONSIDERATION OF AN AMENDMENT TO
SUBDMSION ORDINANCE NO. 1579
REQUIRING MASONRY SCREENING WALLS ALONG
MAJOR THOROUGHFARES - ORDINANCE NO. 1750
(TABLED AT THE OCTOBER 28, 1991 CI1Y COUNCIL MEETING)
APPROVED
Councilman Garvin moved, seconded by Councilman Welch, to approve Ordinance No.
1750 and amend to state "M4U and above thoroughfares".
Motion carried 5-1; Mayor Pro Tern Sibbet, Councilwoman Johnson, Councilmen Garvin,
Welch, Wood voting for and Councilwoman Spurlock voting against.
12.
GN 91-151 SPECIAL PERMIT FOR TRUCK SHOW/SWAP MEET
APPROVED
Mr. Bill Hilcher, 7701 John Autrey, requested the special permit for the event to be held
on May 16 and 17, 1992.
There were questions from the Council on what size crowds were expected.
Council was advised three to four thousand people were expected.
Mr. Jerome Taylor, 7801 Clover Leaf, voiced opposition to the issuance of the permit
and submitted letters from residents of the subdivision in opposition.
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November 11, 1991
Page 5
Council questioned the ingress/egress.
Mr. Hilcher advised they would encourage the people to use North Tarrant Parkway and
Smithfield Road.
There were also questions on adequate parking.
Council was advised parking would be adequate.
Councilwoman Johnson moved, seconded by Councilwoman Spurlock, to approve GN 91-
151 and asked that the entrance be from North Tarrant Parkway.
Motion carried 5-1; Mayor Pro Tern Sibbet, Councilwomen Spurlock and Johnson,
Councilmen Garvin and Wood voting for and Councilman Welch voting against.
*13.
GN 91-152 ORDINANCE APPROVING THE UPDATED
SERVICE CREDIT AND INCREASED BENEFITS FOR
RETIREES PROVISIONS OF THE TEXAS
MUNICIPAL RETIREMENT ACT-
ORDINANCE NO. 1772
APPROVED
14.
GN 91-153 MORATORIUM ON BUILDING PERMITS IN R-8 ZONES _
RESOLUTION NO. 91-41
APPROVED
Heard after Agenda Item No. 10.
*15.
GN 191-154 NORTH HILLS COMMUNI1Y PARK GRANT APPLICATION
APPROVED
*16.
GN 91-155 ADOPT REVISED INDUSTRIAL WASTE ORDINANCE _
ORDINANCE NO. 1773
APPROVED
17.
GN 91-156 AWARD OF BID FOR COMMERCIAL LOT AJ,
RICHLAND PLAZA ADDITION
DENIED
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November 11, 1991
Page 6
Councilman Wood moved, seconded by Councilman Garvin, to reject all bids.
Motion carried 6-0.
*18.
GN 91-157 TEEN COURT COORDINATOR POSITION
APPROVED
19.
GN 91-158 PROPOSED ISSUANCE OF GENERAL OBLIGATION BONDS
APPROVED
Councilwoman Johnson moved, seconded by Councilwoman Spurlock to approve GN 91-
158.
Motion carried 6-0.
*20.
PU 91-38 GLENVIEW DRIVE SANITARY SEWER PROJECT-
EASEMENT ACQUISITION - PARCEL NO.4
APPROVED
*21.
PU 91-40 RECOMMENDATION TO AWARD BID FOR CI1Y'S
PROPERlY INSURANCE COVERAGE FOR 1991/92
APPROVED
*22.
PU 91-41 APPROVE PURCHASE OF RIGHT-OF-WAY FROM
BURSEY RANCH PARTNERSHIP FOR THE
PROPOSED CONSTRUCTION OF BURSEY ROAD (PARCEL NO.1)
APPROVED
*23.
PU 91-42 PURCHASE OF RADIOS FROM HGAC
APPROVED
*24.
PU 91-43 EXTENSION OF CONTRACT FOR UNIFORM CLEANING SERVICES
APPROVED
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November 11, 1991
Page 7
*25.
PU 91-44 PROPOSED CONTRACT FOR $21,900 WITH
"CHOICE SOLUTIONS" FOR COMPUTER HARDWARE
FOR FIRE DEPARTMENT
APPROVED
26.
CITIZENS PRESENTATION
Mr. Barney Calvert, 7128 Smithfield Road, discussed his assessment on Smithfield Road.
Mr. Calvert was advised to contact Mr. Horvath and discuss the matter with him.
Ms. Raylane Sherman, 7413 Forest, asked why after a period of time the water deposit
was not returned.
Ms. Sherman was advised it was city policy not to return the deposit. Any remaining
deposit after final bill would be returned.
Ms. Sherman questioned who received the recycling funds.
Council explained after one year of the recycling program it would be decided where the
funds would be dispensed.
27.
ADJOURNMENT
Councilman Welch moved, seconded by Councilman Garvin, to adjourn the meeting.
Motion carried 6-0.
Tommy Brown - Mayor
ATTEST:
Jeanette Rewis - City Secretary
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CITY OF
NORTH RICHLAND HILLS
Source of Funds:
. Bonds (GO/Rev.)
e Operating Budget
Other ¿
tS~ Ie ß~
Department Head Signature
CITY COUNCIL ACTION ITEM
.
epartment:
Community Development
Council Meeting Date:
11/25/91
Request of Gene Huggins PS 91-23
tor Replat of LUt5 lR-A é1ílÙ lR-B, Agenda Number:
Block 42C-R, Richland Terrace Addition.
This property is located on the north
side of Loop 820 at Cloyce st. and Short st.
Mr. Gene Huggins is the owner of a 3.4 acre tract of land known as
Lot lR Block 42C-R, Richland Terrace Addition. Mr. Huggins has.
submitted a request to replat the property into two lots. The
staff has reviewed the replat and determined that no public water,
sewer or street improvements are required as a result of this
replat. The replat will require the construction of sidewalks
along Loop 820, Cloyce st. and Short St. to satisfy city
requirements. Mr. Huggins has requested a waiver of this
requirement until the Loop 820/Airport Freeway Interchange has been
completed. The Planning and Zoning Commission has recommended
approval of this waiver· request regarding the construction of
sidewalks.
The developer has satisfied all technical requirements to the
replat which were specified by the Public Works Department.
The Replat was approved by the Planning and Zoning Commission at
their meeting on November 14, 1991.
Reco"~ndation:
It is recommended that the City Council approve the recommendation
of the Planning and Zoning Commission.
Finance Review
Acct. Number
Sufficient Funds Available
IIJf
. Fmance Director
Page 1 of
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MINUTES OF THE REGULAR MEETING OF THE
PLANNING AND ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
NOVEMBER 14, 1991 - 7:30 P. M.
CALL TO ORDER
ROLL CALL
CONSIDERATION OF THE MINUTES
OF OCTOBER 10, 1991
1.
PS 91-22
PS 91-22
APPROVED
2A. PS 91-23
.-...or
The meeting was called to
Vice Chairman Barfield at
PRESENT:
Vice Chairman
Secretary
Members
owen
Lueck
on Collins
Paul Miller
Barry LeBaron
Steve Pence
Wanda Calvert
Dir. Community De .
Building Offic· ~
P & Z Coordi ,htor
/....-::;
ABSENT: / /'
/
James Brock
Pat Marin
Wayne Moody
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# r. Lueck made the motion to approve
¿,,-ç,' the minutes as written. This motion
~- was seconded by Mr. Miller and the
motion carried 5-0.
Request of Davis Boulevard Baptist
Church for Short Form Plat of Lot 1,
Block 1, Davis Boulevard Baptist
Church Addition. This property is
located at 5201 Davis Boulevard.
Vice Chairman Barfield stated that the
applicant has met all the criteria the
city has requested.
Mr. Bowen made the motion to approve
PS 91-22. This motion was seconded by
Mr. Lueck and the motion carried 5-0.
Vice Chairman Barfield stated that the
Commission would hear item #2A,
PS-91-23, next.
Request of Gene Huggins for Replat of
Lots lR-A & lR-B, Block 42C-R,
Richland Terrace Addition. This
property is located on the north side
of Northeast Loop 820 at Cloyce Drive
and Short Street.
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Page 2
P & Z Minutes
November 14, 1991
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Lewis Hund with Ernest Hedgcoth
Consulting Engineers, came forward to
represent Mr. Huggins. He stated they
agree with all the engineer's comments
except for the sidewalks. He said the
State Highway Department plans to
widen the freeway there and they would
rather not build the sidewalks at this
time.
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Vice Chairman Barfield asked if they
would agree to putting in the
sidewalks after the road work has been
finished.
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Mr. Hund said they would agree to
that.
Vice Chairman Barfield said the plat
shows a 30 foot front building line,
but the city only requires a 25 foot
front building line. He asked if they
would agree to change that.
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Mr. Hund said they would change it.
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PS 91-23
APPROVED
Mr. Miller made the motion to approve
PS 91-23.
Mr. Collins asked if Mr. Miller would
amend his motion to include something
about the sidewalks and the building
line change.
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Mr. Miller amended his motion to waive
the sidewalk requirement at this time,
but that they would be constructed
within one year after the freeway work
is completed, and that the front
building line on the plat be changed
from 30 feet to 25 feet.
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This motion was seconded by Mr.
Collins and the motion carried 5-0.
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ERNEST HEDGCOTH Consulting Engineers, Inc.
PLANNING · DESIGN · ENGINEERING
November 13, 1991
City of North Richland Hills
Planning & Zoning Commission
P.o. Box 820609
North Richland Hills, Texas 76180
Ref: PS 91-23; RICHLAND TERRACE ADDITION
LOT lR-A AND lR-B, BLOCK 42CR
FINAL PLAT (PWN 91-120)
DeRr Sirs;
I have reviewed the November 13, 1991 letter from the City
Public Works Department concerning the final plat for PS 91-23;
Richland Terrace Addition. The following comments are number to
correspond to the November 13, 1991 letter:
1. The Global Positioning System (GPS) Horizontal Control
coordinates will be determined and placed on the plat.
2. The plat will be signed and sealed.
3. The current zoning will be shown of the plat.
4. The owner's acknowledgment and dedication will include
the metes and bounds description of the property.
5. The easement dedication will be 8S shown on the marked up
drawing.
6. The easement for the existing water line on the adjoining
lot will be increased to 7.5 feet.
7.The existing sign easement will be defined.
8. The existing water line easement will be defined.
9. The Mobil Pipeline easement will be defined.
11. The distances from the centerlines of Cloyce and Short
Streets to the property lines will be shown.
12. TU Electric will be contacted to
requirements for the street lights.
determine
the
5701-C Midway Road
Fort Worth, Texas 76117
817-831-7711
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13. The owner requests that the sidewalks not be required at
tills time since the Texas Highway Department will be constructing
the improvements to the Loop 820 frontage road. Please a¡low the
sidewalks to be constructed with the frontage road improvements.
If you have
contact me.
approval.
any questions concerning this final plat please
I trust that the above plat will meet with your
Sincerely
(j J, :',:,) (.
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City of J{8rth Richland HiUs, Texas
__~j'ø_
~~-
November 13, 1991
Ref: PWM 91-120
MEMO TO: Planning and Zoning Commission
FROM: John A. Johnston, P.E.
Assistant Director of Public Works
SUBJECT: PS 91-23; RICHLAND TERRACE ADDITION;
Lots 1R-A and lR-B, Block 42CR
Final Plat
We have reviewed the subject documents received in our office on November 4,
1991 and offer the following comments.
1. The City has recently obtained a Global Positioning System (GPS)
Horizontal Control Survey. This survey was accomplished to create an
accurate base map for the Geographical Information System. City policy
requires that all new plats be tied by survey to the GPS. This will
allow the City to keep the GIS up-to-date. The Public Works Department
has written descriptions for all the GPS Benchmarks located around the
City. This plat should therefore include the Texas State Plane
Coordinates for at least one property. The coordinates should be
determined by a survey tied to the City's GPS.
2. The surveyor should sign and seal the plat prior to the next submittal.
3. The current zoning designation of the property should be shown clearly
on the plat.
4. The owner's acknowledgement and dedication should include the metes and
bounds description of the property.
5. The easement dedication should be revised as noted on the marked-up
plat.
6.
The waterline easement along the east property line should be shown as a
minimum 7.5' wide waterline easement.
7.
The sign easement located at the southeast property corner should be
clearly defined with bearings and distances.
8.
The existing la' waterline easement located near the southwest property
line should be clearly located by bearings and distances.
(817) 581-5500/7301 N.E. LOOP 820/P.O. BOX 820609/NORTH RICH LAND HILLS, TX 76182-0609
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PWM 91-120
November 13, 1991
Page Two
9. The Volume and Page of the D.R.T.C.T. of the 3D' Mobil Pipeline easement
should be shown on the plat. The location of the Mobil Pipeline
easement should be clearly defined by bearings and distances.
10.
The C-2 zoning designation only requires a 25' building line set back.
The plat shows a 3D' building set back. This comment is made only to
point out the zoning ordinance requirement and not a request to reduce
the building set back distance.
11.
The distances from the center line of Short Street to the property line
and from the center line of Cloyce Drive to the property line should be
shown on the plat.
12. Street lights will be required at the intersections of Cloyce
Drive/State Highway Loop 820 and Cloyce Drive/Short Street. The cost
for the installation will be paid by the developer directly to TU
Electric. The developer should provide the City with an approved street
light layout and a photocopy of TU Electric's agreement to install the
referenced street lights.
13. Sidewalks will be required for this subdivision and should therefore be
incorporated into the final plans.
The marked-up plans given to the engineer should be returned with the next
submittal.
The comments contained herein do not purport to relinquish the design engineer
of his responsibility to provide adequate, accurate and buildable construction
plans. The City's eventual approval of the construction plans will not
signify acceptance of responsibility by the City of North Richland Hills for
the engineering in the bid documents.
£
JAJ/smm
cc: Gregory W. Dickens, P.E., Director of Public Works/Utilities
Barry LeBaron, Director of Community Development
. \ .
CITY OF
NORTH RICHLAND HILLS
Department: Leqal Council Meeting Date: 11/25/91
Subject: Suspendinq Tri-County Electric Rate Agenda Number: GN 91-159
Increase Application - Resolution No. 91-42
Resolution No. 91-42 suspends the Rate Increase Application of Tri-County
Electric for 90 days from January 1, 1992.
Recommendation:
It is recommended that the City Council approve Resolution No. 91-42.
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Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient Funds Available
Operating Budget. . /~. ,7 ~
Other ~~~Á¿~ t</fl/h
Department Head Signature I City Manager
CITY CO,UNCIL ACTION ITEM
. Finance Director
Page· 1, of
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RESOLUTION NO. 91-42
WHEREAS, Tri-County Electric Cooperative, Inc. filed with
this City, on or about November 1, 1991, an Application for
Authority to Change Rates and Statement of Intent; and
WHEREAS, the City Council has had insufficient time to
evaluate the said application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of North Richland Hills, Texas, that:
1 .
The Application to Change Rates and the proposed rates
are suspended for study for a period of 90 days from the rate
effective date contained in the application.
2 .
The City Secretary is directed to mail a copy of this
Resolution suspending any rate change to Tri-County Electric
Cooperative, Inc. at 600 N.W. Parkway, Azle, Texas 76020
PASSED AND APPROVED this the 25th day of November, 1991.
APPROVED:
ATTEST:
Mayor
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
. \ \ .
.._~_.~.--..:_-..._..... ....:..:.___.-..Ao-.. ...--.. -......--......................-;-_.......,-..;..___ ~.-'_...... .... ..........__...,_... _.__...._ ~J-__.,...""....__....____+.~ _________* .0___.---...--.
----....;.. ~:..~.:-.:i-.......-_.L..:..~.;:....:_ ..:.......~...:'....,..;,.._"":-k.:.....,t..f..' _'_
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CITY OF
NORTH RICHLAND HILLS
Department: C; ty S~cr~tRry
Subject:
Appointment to Teen Court Advisory Board
Council Meeting Date: 11/25/91
Agenda Number: GN 91-161
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There is currently a vacancy (Place 3) on the Teen Court Advisory Board.
Mr. John D. Spicer has been recommended for appointment to Place 3.
RecolIIIDendation:
It is recommended that City Council approve the appointment of Mr. John Spicer
to Place 3 on the Teen Court Advisory Board.
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Finance Review
. '·.i,):J~~~t~:t·.,:,..··t;,·;~~~~~~~~~dS Available
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Source of Funds:
Bonds (GO/Rev.)
Operating Budget
er
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'( .'{.;t,~;~<':; :..',';<.:,: " ,,~~ ,:,,'
CITY OF
NORTH RICHLAND HILLS
Department:
Finance
11/25/91
Council Meeting Date:
GN 91-162
Agenda Number:
Subject:
Property Tax Refund
The Texas Property Tax Code Section 31.11 (a) requires that refunds over
$500 be approved by the governing body. The following refund requests have
been received.
Reason for Refund
Taxpaver
Amount
Banc Home Savings Assn.
$3,495.61
Overpayment of Tax
W.H. & A.H. Sanders
(Bates Container)
Total
3,157.45
$6,653.06
Overpayment of Tax
Recommendation:
The tax office recommends approval of the refund as outlined above.
Finance Review
Source of Funds: Acct. Number
Bonds (GO/Rev.) Sufficient F~nd~lable
Operating Budget 7J(c
Oth~er ,. _. _ ~~~
"A ~ . Finance Director
"l~ --., ------ ¡¿Iß ~
Department Head Signature City Manager
CITY COUNCIL ACTION ITEM
Page 1 of 3
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TAX YEAR 1990
TARRANT APPRAISAL DISTRICT LOWERED THE VALUE ON THE FOLLOWIN
-------------
OWNER: BANC HOMES SAVINGS ASSN.
ORIGINAL VALUE:
VALUE LOWERED TO:
1,510,880
917,018
------------
AMOUNT REDUCED
TAX RATE
593,862
0.50493
------------
REFUND
TAX YEAR 1989
-------------
OWNER: BANC HOMES SAVINGS ASSN.
ORIGINAL VALUE:
VALUE LOWERED TO:
138,303
82,982
------------
AMOUNT REDUCED
TAX RATE
55,321
0.50493
------------
REFUND
TOTAL REFUND
* INTEREST
TOTAL REFUND
2,998.59
279.33
----------
3,277.92
217.69
----------
3,495.61
----------
----------
CALCULATION:TOTAL REFUND x 8% x # DAYS DELINQUENT/365 DAYS
SEE STATE PROPERTY TAX CODE SEC. 42.43 Refund
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TAX YEAR 1990
TARRANT APPRAISAL DISTRICT LOWERED THE VALUE ON THE FOLLOWIN
-------------
OWNER: BATES, W.H.&A.H. SANDERS
ORIGINAL VALUE:
VALUE LOWERED TO:
2,525,333
2,212,671
------------
AMOUNT REDUCED
TAX RATE
312,662
0.50493
------------
REFUND
TAX YEAR 1989
-------------
OWNER: BATES, W.H.&A.H. SANDERS
ORIGINAL VALUE:
VALUE LOWERED TO:
2,474,939
2,162,277
------------
AMOUNT REDUCED
TAX RATE
312,662
0.50493
------------
REFUND
TOTAL REFUND
1,578.72
1,578.72
----------
3,157.45
----------
----------
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CITY OF
NORTH RICHLAND HILLS
Environmental Services
Council Meeting Date: 11/25/91
Agenda Number: GN 91-163
Animal Control Ordinance No. 1774
Attached is a new Animal Control Ordinance to replace Ordinance Number
1609 which is currently in effect. The Stat~ Legislature recently
passed a new law regulating dangerous dogs ln Texas. The Texas
Dangerous Dog Law allows municipalities to place further restrictions on
the keeping of dangerous dogs. This Ordinance represents an
incorporation of the State Law with further restrictions prohibiting the
keeping of dangerous dogs based on exhibited behavior and the
registration of others which is required under the Act. This ordinance
incorporates the strongest possible controls allowed by State Law for
regulating dangerous dogs.
In addition to the above changes, the license fee which currently is
$4 · 00 for all dogs and cats is proposed to be increased to the
following:
Un-altered dogs and cats
Altered dogs and cats
Altered dogs and cats belonging to
a person 65 years of age or older
Multi-Pet license
Kennel Permit
$10.00
$4.00
No Fee
$10.00
$50.00
An Article has been added to allow for the regulation and inspection of
boarding and riding stables and that deals with regulation of theatrical
events and exhibits including wild animals. In addition, the Article
regulating wild and exotic animals has been expanded to prohibit certain
dangerous animals and require permitting of others, the fee for which is
$50.00.
Please note that the Animal Control Division will be previewing the new
video, II Animal Control: A-Z II during the Council Meeting. This video was
produced by this department working with City Cable 36 and was recently
awarded IIFirst Place in Education Category" and IIBest Overall In Showll
at the 18th Annual Texas Animal Control Conference held in Fort Worth,
November 11-13, 1991.
Recommendation:
It is recommended that the City Council approve Ordinance No. 1774.
Source of Funds:
Bonds (GO/Rev.)
Opera · t
o
Finance Review
Acct. Number
Sufficient Funds Available
-
---ßfl~
City Manager
CITY COUNCIL ACTION ITEM
I Finance Director
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Pa e 1" of
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ANIMAL CONTROL ORDINANCE #1774
INDEX
ARTICLE 1.PREAMBLE--------------------------page 2
ARTICLE 2. DEFINITIONS-------~-----------~--page 2
ARTICLE 3.ANlMAL IMPOUNDMENT----------------page 7
ARTICLE 4.KENNELS-------------~-------------page 10
ARTICLE 5.ESTRAY----------------------------page 12
ARTICLE 6.LICENSING-------------------------page 16
ARTICLE 7.ANIMAL BITES------------~---------page 19
ARTICLE 8.GENERAL---------------------------page 21
ARTICLE 9.ANlMAL CARE-----------------------page 22
ARTICLE lO.BOARD/RIDING STABLES-------------page 24
ARTICLE 11.DANGEROUS DOG---~----------------paqe 27
ARTICLE 12.WILD/EXOTIC/DANGEROUS ANlMALS----page 37
ARTICLE 13.PENALTIES/SEVERANCE/REPEALER-----PAGE 40
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2
ORDINANCE NO. 1774
Be it ordained by the City Council of the City of North Richland
Hills, Texas, that:
ARTICLE 1. PREAMBLE
The animal control regulations as herein established have been made
for the purpose of promoting the health, safety, morals and general
welfare of the City of North Richland Hills. The Ordinance
contains standards regulating the use, type, location, maintenance,
registration, confinement, destruction and harboring of certain
animals. The intent of the regulations, prohibitions, and
provisions is to protect values within the city of North Richland
Hills, to enhance the quality of life of persons, pets, and other
animals and to protect the general public from damage and injury
which may be caused by unregulated animals.
ARTICLE 2. DEFINITIONS
When used in· this ordinance the following words and terms, unless
the context indicates a different meaning, shall be interpreted as
follows:
SECTION 1.
(A) ANIMAL CONTROL OFFICER: Person designated by the City
of North Richland Hills as the primary enforcement
officers of ordinances regulating animals and
owners of animals and for the enforcement of
Sections of the Texas statues pertaining to the
care and control of animals.
(B) ANIMAL CARE AND CONTROL CENTER: Facility designated
and/or operated by the City of North Richland Hills
for the purpose of impounding and caring for
animals held under authority of this Ordinance.
(C) BOARDING/RIDING STABLE: Any facility for boarding,
livery, training or riding school or any facility
which maintains horses or ponies, mules, donkeys,
or burros whether gratuitously or for a fee.
CD) CIRCUS: A resident or nonresident variety show which
features animal acts. A circus shall not include
resident or non-resident dog and cat shows
sponsored and or sanctioned by the Animal Control
Division, the American Kennel Club, the Uni ted
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states Kennel Club, the American Cat Fanciers
Association, the Cat Fanciers Association, the
International Cat Fanciers Association or any
affiliate thereof nor shall it include any primary
horse show.
(E) DANGEROUS ANIMAL: Any warm blooded mammal which is known
to carry or be susceptible to the rabies virus and
which cannot be effectively vaccinated against that
virus with any vaccine approved by the Texas
Department of Health. A dangerous animal includes
any hybrid animal or any pet wildlife which has
attacked a human or which is apprehended or
observed unrestrained.
(F) DOMESTIC ANIMAL: Any animal whose physiology has been
determined or manipulated through selective
breeding and does not occur naturally in the wild
and any animal which can be vaccinated against
rabies wi th an approved rabies vaccine, and any
animal which has an established rabies quarantine
observation period.
(G) ESTRAY: Means any stray horse, stallion, mare, gelding,
filly, colt, mule, jenny, jack, jennet, hog, sheep,
goat, confined and domesticated hares and rabbits,
or any species of cattle.
(H) EXOTIC SPECIES: Any animal born or whose natural habitat
is outside the continental United states excluding
non-venomous reptiles and fish.
(I) HARBORING: The act of keeping and caring for an animal
or of providing a premise to which the animal
returns for food, shelter, or care for a period of
ten (10) days or longer.
(J) NON-REGISTERABLE DANGEROUS DOG: Any dog which:
(1) When unprovoked, severly attacked or inflicted
serious injury or death to a person, whether
on public or private property; or,
(2) Has been deemed non-registerable by the Animal
Control Division and upheld or unchallenged in
the court of jurisdiction.
(K) OWNER: Any person who has right of property in an
animal.
(L) PET ANIMAL: Shall include dogs, cats, rabbits, rodents,
birds, non-poisonous reptiles, and other species of
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(M)
(N)
(0)
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animal which is sold or retained as a household pet
but shall not include skunks, ferrets, non-human
primates, and any other species of wild, exotic, or
carnivorous animal that is susceptible, but not an
animal that may be vaccinated for rabies, and that
may be further restricted in this ordinance.
POULTRY: All domesticated foul and all games birds which
are legally kept in captivity.
PROPER ENCLOSURE: Means a house or a building, or in the
case of a fence or structure/pen, the fence or
structure/pen must be at least six (6) feet in
height. the structure/pen must also have minimum
dimensions of five (5) feet by ten (10) feet. The
fence or structure/pen must form an enclosure
suitable to prevent entry of young children, and
must be locked and secured such that an animal
cannot climb, dig, jump, or otherwise escape of its
own voli tion. The enclosure shall be securely
locked at all times. The structure/pen shall have
secure sides to prevent the dangerous animal or
registered dangerous dog from escaping from the
enclosure. The structure/pen shall provide
protection from the elements for the animal. The
Animal Control Division may require a fence higher
than six (6) feet or require a secure top and/or a
secure bottom to the structure/pen if the need is
demonstrated.
QUARANTINE BY OWNER:
1. Animal must be inside an enclosed structure, i.e.,
house or garage and must remain there for 10 days.
2 . If maintained outside, animal must be behind a
fence from which it cannot escape and on a chain
from which is cannot break loose or inside a
covered pen or kennel from which it cannot escape.
3 . Animal must be kept away from other animals and
people excepting those in the immediate household.
4 . Animal may not be removed from Corporate Ci ty
Limits of North Richland Hills while under
quarantine.
5. Owner shall notify Animal Control Division
immediately if animal becomes sick or displays any
behavioral changes.
6. Owner shall not subject the animal to any medical
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(P)
(Q)
(R)
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procedure, without first notifying the Animal
Control Division, this to include any vaccination.
RABIES VACCINATION: The vaccination of a dog, cat or
other domestic animal with an anti-rabies vaccine
approved by the Texas Department of Heal th and
administered by a veterinarian licensed by the
state of Texas.
REGISTERED DANGEROUS DOG: Any dog registered with the
City of North Richland Hills in compliance with
Chapter 822, Texas Health and Safety Code,
Subchapter D, and with the section of this
ordinance addressing registered dangerous dogs.
RUNNING AT LARGE:
1. Off premises:
(a) Any animal which is not restrained by means of
a leash, chain, or other physical apparatus of
sufficient strength and length to control the
actions of such animal while off premises.
(b) Any cat which is off the owner's property.
2. On Premises:
A. Any animal not confined to premises of owner
by a substantial fence of sufficient strength
and height to prevent the animal from escaping
therefrom, or secured on the premises by a
metal chain or leash sufficient in strength to
prevent the animal from escaping from premises
and so arranged that the animal will remain
upon the premises when the leash is stretched
to full length.
B. 'An animal intruding upon the property of
another person other than the owner's shall
be termed "at large."
c. Any animal within a vehicle in a manner that
would prevent that animal's escape or contact
wi th other persons or animals shall not be
deemed "at large."
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(S) SERIOUS INJURY: Is defined as bodiy injury resulting
from severe attack or severe bite from an animal
which produces severe pain, trauma, loss of blood
or tissue, and which requires medical treatment of
wounds inflicted by the animal.
(T) SEVERE ATTACK: Is defined as one in which the animal
repeatedly bites or vigorously shakes its victim,
and the victim, or a person intervening, has
extreme difficulty terminating the attack.
(U) SEVERE BITE: Is def ined as a puncture or laceration made
by an animal's teeth which breaks the skin,
resulting in a degree of trauma which would cause
most prudent and reasonable people to seek medical
care for treatment to the wound, wi thout
considerations of rabies prevention alone.
(V) STRAY ANIMAL: (Including Estray) Any animal, for which
there is no identifiable owner or harborer, which
is found to be at large within the corporate limits
of the city of North Richland Hills.
(W) THEATRICAL EXHIBITION: Any exhibition or act featuring
"performing animals." Such exhibitions shall not
include resident or non-resident dog an cat shows
which are sponsored and/or sanctioned by Animal
Control Division, the American Kennel Club, the
United states Kennel Club, the Cat Fanciers
Association, American Cat Fanciers Association, the
International Cat Fanciers Association or any
affiliate thereof nor shall it include any primary
horse show.
(X) UNPROVOKED: With respect to an attack by an animal shall
mean that the animal was not hit, kicked, or struck
by a person with an object or part of a person's
body nor was any part of the animal's body pulled,
pinched, or squeezed by a person.
(Y) VETERINARIAN: Any practitioner of veterinary medicine
licensed by the state of Texas to practice such in
Texas.
(Z) WILDLIFE: Any animal which occurs naturally in a wild
state. This includes any animal which is part
wildlife.
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SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
7
ARTICLE 3. ANIMAL IMPOUNDMENT
IMPOUNDMENT: Animals owned or harbored in
violation of this ordinance or law of the state of
Texas shall be taken into custody by an animal
control officer or other designated official and
impounded under the provisions of this ordinance.
DISPOSITION OF IMPOUNDED ANIMALS: If a complaint
has been filed in Municipal Court for the City of
North Richland Hills against the owner of an
impounded animal for a yiolation of this ordinance
the animal shall not be released except on the
order of the Animal Control Division which may also
direct the owner to pay any penalties for violation
of this ordinance in addition to all impoundment
fees. Surrender of an animal by the owner thereof
to the Animal Control Division does not relieve or
render the owner immune from the decision of the
court, nor from the fees and fines which may result
from a violation of this ordinance.
REMOVAL OF ANIMALS FROM CONFINEMENT: It shall be
unlawful for any person to remove from any place of
confinement any dog or cat which has been confined
as authorized, without the consent of the
impounding agency.
ANIMALS AT LARGE: It shall be unlawful for any
person owning or harboring an animal to permit such
animal to run at large.
Any officer or citizen of the city of North
Richland Hills is hereby authorized to take up and
deliver to the Animal Care and Control Center any
animal mentioned in this Ordinance that may be
found "at large" in the corporate limi ts of the
City, subject to the applicable provisions of the
law. Failure to notify and/or turn over to the
Animal Control Division any such animal within
forty-eight hours may subject the person taking up
the animal to civil and/or criminal action.
The animal control officer or his agent and peace
officers are authorized to impound any animal
mentioned in this ordinance which is in violation
of the ordinance. In the event the animal is on
private property or property of the animal's owner
the animal control officer, his/her agent, or peace
officer may enter the property, other than a
private dwelling for the purpose of impoundment or
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SECTION 5.
SECTION 6.
SECTION 7.
8
issuance of a ci tation, or both, subject to the
applicable provisions of the law.
CONFINEMENT DURING ESTRUS: Any unspayed female dog
or cat in the state of estrus (heat) shall be
conf ined during such period of time in a house,
building, or secure enclosure and said area of
enclosure shall be so constructed that no other dog
or cat may gain access to the confined animals.
OWners who do not comply shall be ordered to remove
the animal in heat to a veterinary hospital, or the
Animal Care and Control Center. All expenses
incurred as a result of this confinement shall be
paid by the owner. Failure to comply with the
removal order of the Animal Control Division shall
be a violation. of this ordinance and the dog or cat
will then be impounded as prescribed in this
ordinance.
FEES: The following fees are established beginning
with the effective date of this ordinance.
(A) Impoundment of Altered Animal
First Impoundment $10.00
Second Impoundment $50.00
Third Impoundment $100.00
(B) I~poundment of Un-Altered Animal
First Impoundment $25.00
Second Impoundment $50.00
Third Impoundment $100.00
(C) BoardinQ Fee/Day
CD) Quarantine Fee/Day
$6.00
$10.00
When an un-altered animal has been impoundment, a
fifteen dollar ($15.00) rebate will be given to the
owner if proof that the animal has been altered is
presented within thirty (30) days of the initial
impoundment.
ADOPTION OF ANIMAL:
(A) All animals which are adopted from the Animal
Care and Control Center shall be surgically
altered to prevent reproduction in that
animal. The person adopting the animal shall
sign an agreement stating that he/she will
have said animal surgically altered and the
date by which the surgery must be preformed,
if the animal has not been altered before it
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leaves the Animal Care and Control Center.
(B) It shall be the responsibility of the person
adopting to provide proof of altering to the
Animal Control Division.
(C) Failure to comply with this section or failure
to comply wi th the terms of either of the
above agreements shall give the Animal Control
Division the right to recover the adopted
animal in question and revoke the owner 's
adoption contract. Such failure shall also
constitute a violation of this ordinance.
(D) The adoption fee shall be set to render
neutral the cost of surgically altering,
medicating and preparing said 'animal for
adoption.
(E) A person adopting a dog or cat three months
old or older shall have that animal vaccinated
for rabies wi th an approved killed tissue
vaccine by a veterinarian licensed within the
State of Texas within forty-eight (48) hours
of adoption.
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SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
10
ARTICLE 4. KENNELS
KENNEL DEFINED: A kennel is defined as an
establishment designed or used for the boarding,
selling or breeding of animals where more than
three (3) dogs and two (2) cats or three (3) cats
and two (2) dogs are to be boarded, sold or bred.
A kennel shall not be allowed until a kennel permit
has been issued by the Animal Control Division.
The Animal Control Division shall determine, after
inspection, whether or not such permi t shall be
issued. No permit shall be issued for a kennel to
operate within one thousand (1000) feet of any
residence. Grooming parlors where no animals are
to be kept overnight and veterinary clinics shall
not be considered kennels.
PERMITS: Permits shall be valid for one (1) year
from date of issuance. The permit fee shall be
fifty dollars ($50.00).
REVOCATION OR SUSPENSION OF PERMIT: Any kennel
permitted under this ordinance found to be in
violation of any zoning law , health law, or any
other applicable law of the city of North Richland
Hills or of the state of Texas, or that is
maintained in such a manner as to be detrimental to
the health, safety or peace of mind of persons
residing in the immediate vicinity, may have its
kennel permit suspended or revoked without prior
notice by the Animal Control Division.
MULTIPLE PET OWNERSHIP: No person shall keep or
harbor more than three (3) dogs and two (2) cats or
three ( 3 ) cats and two ( 2 ) dogs. Puppies and
kittens under four (4) months of age shall not be
counted for purposes of this section.
Any person, firm, or corporation wishing to keep
more than the above mentioned number of animals and
who does not possess a kennel permit, may apply for
a multiple pet permit at the Animal Care and
Control Center. The permit, once issued, shall be
defense to the terms of this Section. The Multi-
Pet permit shall be issued provided the applicant
meets all provisions of this section and of this
Ordinance. The fee shall be $10.00 and shall be
valid for one year from the date of issuance.
Upon inspection of the premises by the Animal
Control Division, the permit shall be issued if the
following conditions are met:
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11
(A) The facility must be adequate for the number
and type of animals to be kept.
(1) Facilities shall be of sufficient size as
to allow animal to move about freely.
This shall apply to each animal kept.
Size of the facility shall be in
proportion to the size of the individual
animal's height and weight.
(2) Adequate food and water must be provided
so that each and all animals kept shall
be maintained in good health and free of
malnutrition and/or dehydration.
( 3 ) The said premises shall be kept ina
sanitary condition and reasonably free of
animal waste, parasites, insects and
flies that could be harmful to the
animal's health and/or to the health of
the general public.
(B) The animals and the facili ty must be kept
free of odor or stench which is offensive to a
person of ordinary sensibilities; and
(C) The animals must be maintained in a manner
which does not pose a danger to the health of
the animals themselves or adjacent animals;
and
(D) The animals must not cause noise which is
offensive or disturbing to a person of
ordinary sensibilities on adjoining, adjacent,
or neighboring premises; and
(E) The applicant or holder of the permit has not
been issued citations for violatio.n of this
ordinance on two (2) separate occasions, or
animals covered by or to be covered by the
permi t have not been impounded on two ( 2 )
separate occasions.
The Multi-Pet Permit may be revoked by the Animal
Control Division if upon investigation, it is
determined that the permi t holder has failed to
adhere to any of the above conditions listed in
this Section.
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SECTION 1.
SECTION 2.
SECTION 3.
12
ARTICLE 5. ESTRAY
UNATTENDED ESTRAY: It shall be unlawful for any
person, firm or corporation to allow an estray(s)
to be unattended upon any public street, alley,
thoroughfare or upon the property of another in the
corporate city limits of North Richland Hills.
The person, firm or corporation having ownership or
right to immediate control of.such estray(s) shall
have the burden to keep such estray( s) off the
public streets, alleys, and thoroughfares or the
property of another in the city.
Any person, firm, or corporation violating any
portion of this section shall be deemed guilty of a
misdemeanor and shall be fined not less than ten
dollars ($10.00) or more than one thousand dollars
($1000.00).
IMPOUNDMENT: It shall be the duty of the Animal
Control Division in absence of action by the County
Sheriff's office, to take up any and all estray
that may be found in and upon any street, alley, or
upon any unenclosed lot in the City of North
Richland Hills, or otherwise to be found at large,
and to confine such estray for sage keeping. Upon
impounding an estray, the Animal Control Division
shall prepare a "Notice of Estray" and file such
notice in the "Estray Book" located in the Animal
Care and Control Center. Each entry shall include
the following:
(A) The name and address of the person who
notified the Animal Control Division of the
estray; and
(B) The location of the estray when found; and
(C) The location of the estray until disposition;
and
(D) A description of the animal including it's
breed, color, sex, age, size, all markings of
any kind, and other identifying
characteristics.
ADVERTISEMENT OF IMPOUNDED ESTRAY: When an estray
has been impounded, the Animal Control Di vision
shall make a diligent search of the register of
recorded brands in the County for the owner of the
estray. If the search does not. reveal the owner,
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SECTION 4.
13
the Animal Control Division shall advertise the
impoundment of the estray in a newspaper of general
circulation in the County at least twice during the
next fifteen (15) days following impoundment and
post a notice of the impoundment of the estray on
the public notice board of City Hall.
RECOVERY BY OWNER: The owner of an estray may
recover possession of the animal at any time before
the animal is sold under the terms of this Article
if:
(A) The owner has provided the Animal Control
Division with an "Affidavit of Ownership" of
the estray containing at least the following
information:
(1) The name and address of the owner: and
( 2 ) The date the owner discovered that the
animal was an estray; and
(3) The property from which the animal
strayed; and
(4) A description of the animal including its
breed color, sex, size, all markings of
any kind, and any other identifying
characteristics.
(B) The Animal Control Division has approved
affidavit; and
(C) The affidavit had been filed in the "Estray
Book; II and
(D) The owner has paid all estray handling fees to
those entitled to receive them; and
(E) The owner has executed an "Affidavit of
Receipt" containing at least the following
information:
(1) The name and address of the person
receiving the estray; and
(2) Date of receipt of estray; and
( 3 ) Method of claim to estray (owner,
purchaser at sale); and
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SECTION 5.
SECTION 6.
14
(4) If purchased at sale, the amount of gross
purchase price; and
(5) Amount of estray handling fees paid; and
(6) The net proceeds of the sale.
(F) The Animal Control Division has filed the
"Affidavit of Receipt" in the "Estray Book."
FEES: For each and every estray taken and
impounded there shall be paid to the city of North
Richland Hills by the owner thereof or his agents
the sum of fifty dollars ($50.00) for the taking
and impounding of the estray and the further sum of
ten dollars ($10.00) per day, except for the first
day, for each and every subsequent day that the
animal shall remain in the custody of the Animal
Control Division. Such fee being charged for the
caring and feeding of such animal(s). The owner
shall also pay for any veterinarian or drug fees
incurred for the animal(s) while in the custody of
the Animal Control Division.
SALE OF ESTRAY: If the ownership of an estray is
not determined within fourteen (14) days following
the final advertisement required by this Article,
ti tIe to the estray rests wi th the Ci ty and the
Animal Control Division shall then cause the estray
to be sold at a public auction.
Title to the estray shall be deemed vested in the
Animal Control Division for purposes of passing a
good ti tIe, free and clear of all claims to the
purchaser at the sale.
The disposition of the proceeds derived from the
sale of an estray at public auction will be as
follows:
(A) Pay all handling fees to those entitled to
receive them;
(B) Execute a report of sale of impounded stock;
(C) The net proceeds remaining from the sale of
the estray after the handling fees have been
paid shall be delivered by the Animal Control
Di vision to the Ci ty Treasurer. Such net
proceeds shall be subject to claim by the
original owner of the estray as provided
herein.
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SECTION 7.
SECTION 8.
SECTION 9.
SECTION 10.
SECTION 11.
15
(D) If the bids are too low, the Animal Control
Division shall have the right to refuse all
bids and arrange for another public auction or
sealed bidding procedure.
RECOVERY BY OWNER OF SALE PROCEEDS: within twelve
(12) months after the sale of an estray under the
provisions of this Article the original owner of
the estray may recover the net proceeds of the sale
that were delivered to the City Treasurer if:
(A) The owner has provided the Animal Control
Division with an affidavit of ownership; and
(B) The Animal Control Division has approved the
affidavit; and
(C) The approved affidavit has been filed in the
Estray Book.
After the expiration of twelve (12) months from the
sale of an estray as provided by this Article, the
sale proceeds shall escheat to the city.
USE OF ESTRAY: During the period of time an estray
is held by one who impounded the estray, the estray
may not be used by any person for any purpose.
DEATH OR ESCAPE OF ESTRAY: If the estray dies or
escapes while held by the person who impounded it,
the person shall report the death or escape to the
Animal Control Division. The report shall be filed
in the Estray Book.
BREEDING OF ANIMALS: If shall be unlawful for the
owner or harborer of any animal listed in this
Article to knowingly permit or cause to be
permit~ed the breeding of any such animal within
the public view.
ENCLOSURES: It shall be unlawful for any person to
keep any horse, cow, cattle, sheep, or goat within
one-hundred (100) feet of another resident or
occupied building, or any hog within five-hundred
(500) feet of another residence or occupied
building.
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SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
16
ARTICLE 6. LICENSING
VACCINATION: Every owner of a dog or cat three (3)
months of age or older shall have such animal
vaccinated against rabies. All such dogs or cats
shall be re-vaccinated at one (1) year intervals
thereafter. Any person establishing residence
within the City of North Richland Hills shall
comply with this ordinance within the (10) days of
establishing such residency. If an unvaccinated
dog or cat inflicts a bite, scratch, or otherwise
attacks any person within the city limits a rabies
vaccine shall not be administered to the dog or cat
until that animal is released from quarantine.
CERTIFICATE OF VACCINATION: Upon vaccination, the
veterinarian shall execute and furnish to the owner
of the dog or cat as evidence thereof, a
certificate of vaccination. The veterinarian shall
retain a duplicate copy of the certificate and one
copy shall be filed with the owner. Such
certificate shall contain the following
information:
(A) The name, address and telephone number of the
owner of the vaccinated dog or cat; and
(B) The date of vaccination: and
(C) The type of rabies vaccine used; and
(D) The year and number of the rabies tag; and
(E) The breed, age, color, and sex of the
vaccinated dog or cat.
RABIES TAG: Concurrent with the issuance and
delivery of the certificate of vaccination, the
owner of the dog or cat shall cause to be attached
to the collar or harness of the vaccinated animal a
metal tag, serially numbered to correspond with the
vaccination certificate number and bearing the year
of issuance.
LICENSE REQUIRED: All dogs and cats three (3)
months of age or older which are kept, harbored, or
maintained within the corporate limits of the city
shall be licensed. Cat and dog licenses shall be
provided by the Animal Control Division or their
agent upon payment of the required fee for each cat
or dog. Before a City License will be issued, the
owner of the cat or dog must present a certificate
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SECTION 5.
SECTION 6.
SECTION 7.
17
from a licensed veterinarian showing that said cat
or dog has been vaccinated for rabies within the
preceding twelve ( 12) months. The owner shall
state his name and address, and the breed, color,
and sex of the cat or dog to be licensed. Said
license shall be valid for one year from date of
issuance.
FEES: The following yearly license fees shall be
in effect with the passage of this Ordinance:
(A) Un-altered Animal: $10.00
(B) Altered Animal: $ 4.00
(C) Altered Animal whose legal owner
is sixty-five (65) years of age or
older No Fee
TAG AND COLLAR: Upon payment of the license fee,
where applicable, the city shall issue to the
owner a license certificate and metal tag having
stamped upon it the year for which it is issued
and the number corresponding with the number of the
certificate. Such tag shall at all times be
securely attached to a collar or harness around
the neck of the animal. In case a tag is lost, a
duplicate will be issued by the Animal Control
Di vision or his agent upon presentation of the
receipt showing the payment of license fee for the
calendar year. Tags shall not be transferable from
one animal to another, and no refunds shall be
made.
GUARD DOGS: All dogs which are professionally
trained and kept solely for the protection of
persons and property, residential, commercial or
personal, shall obtain a permit from the Animal
Control Division. The area or premises in which
such dog is confined shall be conspicuously posted
with warning signs bearing letters not less than
two (2) inches high, stating "GUARD DOG ON
PREMISES."
Said area of premises shall be subject to
inspection by the Animal Control Division to
determine that the animal in question is maintained
and secured at all times in such a manner so as to
prevent its coming in contact with the public.
The dog shall be issued a tag by the Animal Control
Division, varying in color from the license tag and
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SECTION 8.
18
the fee shall be $10.00. The Guard Dog permi t
shall expire one year from date of issuance and is
not transferable. The tag must be secured to the
collar or harness of the dog at all times. Dogs
permitted under this Section shall not be required
to obtain a city license, but shall be required to
comply with all provisions of this Ordinance.
REVOCATION OF LICENSE:
(A) The Environmental Services Director or his/her
agent may revoke any cat or dog license after
a hearing for anyone or more of the following
reasons:
(1) Impoundment of a cat or dog by the city
more than two (2) times during a twelve
(12) month period; or
(2) More than two (2) final convictions of a
person for violating this Article when
such convictions relate to the cat or dog
which is being considered for revocation
of its license certificate; or
(3) Any combination of (1) and (2) totaling
three (3) incidents; or
(4) Upon a determination that the animal is a
Non-registerable Dangerous' Dog, as
defined in Article 11.
(B) Upon revoking the license of any cat or dog,
the Animal Control Division shall notify the
owner of the cat or dog of said action in
writing. Written notification shall be deemed
made when a certified letter, return receipt
requested, addressed to the last known mailing
address of the cat or dog's owner is deposited
in the u.s. Mail.
(C) Upon the expiration of ten ( 10 ) days after
written notification of revocation is
deposited in the u.s. Mail, as provided above,
no cat or dog which has had its license
revoked shall be kept, maintained, or harbored
within the City limits.
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SECTION 1.
SECTION 2.
SECTION 3.
19
ARTICLE 7. ANIMAL BITES
REPORTING BITES: Every physician or other medical
practitioner who treats a person or persons for any
animal bite or any person having knowledge of an
animal bite shall within twelve (12) hours report
such treatment to the Animal Control Division
giving the name, age, sex and precise location of
the bitten person or persons and such other
information as the officer or agency may require.
REPORTING SUSPECTED RABIES: Any veterinarian who
clinically diagnoses rabies or any person who
suspects rabies in a dog, cat or other domestic or
wild animal shall immediately report the incident
to the Environmental Services Department stating
precisely where such animal may be found. If a
known suspected rabid animal bites or scratches a
domestic animal, such incident shall also be
reported as required above.
QUARANTINE OF DOGS AND CATS:
(A) Any owned dog or cat which has. bi tten or
scratched a person shall be observed for a
period of ten (10) days from the date of the
bite. The procedure and place of observation
shall be designated by the investigating
officer or responsible agency, in compliance
wi th state Law. If the dog or cat is not
confined on the owner's premises, confinement
shall be by impoundment in the Animal Care and
Control Center, or at a veterinary hospital of
the owner I s choice. Such conf inement shall be
at the owner's expense. stray dogs and cats,
or those animals whose owner's cannot be
located shall be confined in the Animal Care
and Control Center for a period of four (4)
days and if unclaimed shall be destroyed and
the brain of such animal immediately submitted
to a qualified laboratory for rabies
examination at the victim I s expense. The
owner of any dog or cat that has been reported
to have inflicted a bite on any person shall
on demand produce said dog of cat for
impoundment, as prescribed in this Article.
Home quarantine as defined in Article 2, may
be allowed only in those incidents where
permitted by state Law and agreed to by the
Animal Control Division. Refusal to produce
said dog or cat constitutes a violation of
this Section, and each day of such refusal
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shall consti tute a separate and individual
violation.
(B) Any wild, exotic or dangerous animal as
defined in Article 2, and considered "high
risk" according to state Law, which has bitten
or scratched a person shall be caught and
humanely killed and the brain submi tted for
rabies examination. Those wild animals which
are classified as "low risk" animals shall be
handled as dictated by state Laws.
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SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
21
ARTICLE 8. GENERAL
CREATING A HEALTH HAZARD:
(A) Any person who shall harbor or keep on his/her
premises, or in or about a premises under
his/her control, an animal and who allows
his/her premises to become a hazard to the
general health and welfare of the community,
or who shall allow his/her premises to give
off obnoxious or offensive odors due to the
activity or presence of such animals, shall be
guilty of a misdemeanor.
(B) Any person who shall allow his/her animal to
eliminate on pUblic property or the property
of another shall be guilty of a misdemeanor.
TAMPERING WITH TRAPS AND EQUIPMENT: No person
shall remove, al ter , damage or otherwise tamper
with a trap or equipment belonging to/set out by
the Animal Control Division.
AUTHORITY TO DESTROY INJURED/DISEASED ANIMAL: The
Animal Control Division or authorized
representative, is authorized to destroy any
injured or diseased animal, whether such animal is
on public or private property, and the recovery
from such injuries or disease is in serious doubt,
and after a reasonable effort has been made to
locate the owner of such animal.
BARKING DOGS: Any person who shall harbor or keep
on his premises, or in or about his premises under
his control, any animal which by loud or unusual
vocalization shall cause the peace and quiet of the
neighborhood or the occupant of adjacent premises
to be disturbed shall be guilty of a misdemeanor,
and a separate offense shall be deeded committed
upon each day during or on which such violation
occurs or continues.
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SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4".
SECTION 5.
SECTION 6.
SECTION 7.
22
ARTICLE 9. ANIMAL CARE
PROVIDE CARE: No owner shall fail to provide an
animal in his/her care wi th sufficient good and
wholesome food or water, adequate shelter and
protection from weather, veterinary care when
needed to prevent suffering, and with humane care
and treatment.
CRUEL TREATMENT: No person shall beat, cruelly ill
treat, torment, mentally abuse, overload, overwork,
or otherwise abuse an animal, or cause, instigate,
or permit any dog fight, cock fight, bull fight, or
other combat between animals or between animals and
humans.
ABANDONMENT: No person shall abandon an animal in
his custody.
INDUCEMENT: No person shall give away any live
animal as a prize or as an inducement to enter any
contest, game or other competition or an inducement
to enter a place of business; offer such animal as
an incentive to enter into any business agreement
whereby the offer was for the purpose of attracting
trade.
INJURED ANIMAL: Any person who, as the operator of
a motor vehicle, strikes a domestic animal shall
immediately report such injury or death to the
animal's owner; in the event the owner cannot be
ascertained and located, such operator shall at
once report the accident to the appropriate law
enforcement agency or to the local humane society.
POISONOUS SUBSTANCE/TRAPS: No person shall expose
any known poisonous substance, whether mixed with
food or not, so that the same shall be liable to be
eaten by any domestic animal or person. This
section is not -intended to prohibit use of
herbicides, insecticides, or rodent control
materials. No person shall expose an open trap or
metal jaw type that shall be liable to injure any
domestic animal or person.
THEATRICAL EXHIBITS: All Theatrical Exhibits as
defined herein shall, in addition to other
requirements of this Ordinance, comply wi th the
minimum standards of this section . Facilities
shall be subject to inspection by an Animal Control
Officer upon his/her request during reasonable
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hours.
(A) Animal quarters shall be of sufficient size to
allow each animal to stand up, lie down, and
turn around in a natural position wi thout
touching the sides or top, or any other animal
or waste.
(B) Each enclosure shall be maintained in
comfortable and healthy temperature level as
well as adequate ventilation.
(C) No enclosure, performance or exhibit area
shall be located in such a manner as to allow
the public to come in contact with the animal.
(D) No animal shall be made to perform by means of
any prod, stick, electrical shock, chemical or
physical force, or by causing pain or
discomfort. Any whip or riding crop must be
used so as to not cause injury to the animal.
(E) No animal shall be caused to fight, wrestle or
be physically matched against any other animal
or person.
(F) No animal shall perform or be displayed in any
dangerous situation presenting the danger of
physical injury to the animal or person.
(G) The Animal Control Division must be notified
of all displays or performances, including
date, time, and exact location at least forty-
eight (48) hours in advance of a display or
performance.
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SECTION 1.
24
ARTICLE 10. BOARD/RIDING STABLES
STANDARDS: All boarding/riding stables as defined
herein shall, in addition to other requirements of
this Ci ty , comply wi th the minimum standards of
this section as well as other state Laws that
apply.
(A) All animals shall be provided with daily food
and water, free from contamination. Such food
shall be wholesome, palatable and of
sufficient quantity and nutritive value to
meet the normal daily requirements for the
condition and size of the animal.
(B) All equipment used for riding must properly
fit each individual animal.
(C) All buildings and sheds used for stabling
animals shall be well lit and ventilated and
provide adequate protection from the weather.
All buildings and sheds used for stabling
animals shall be kept clean and in good repair
at all times and manure and urine shall be
removed therefrom daily. Acceptable bedding
material must be provided. Any enclosure'
where animals are kept shall be graded and
raked to keep the surface reasonably dry.
CD) Flies and other insects must be controlled
through general sanitation and necessary
means.
(E) Animals let for riding/teaching purposes must
be in good physical condition.
e F) Boarding/riding stables which rent or lend
horses to the general pUblic for pleasure
riding and or lessons, and pony rides shall,
in addition to the above requirements also
adhere to the following standards:
(1) Animals eXhibiting the following shall be
deemed unfit for work:
(a) Sores or abrasions caused or likely
to be irritated by the bearing of
services, girth, harness or bridles,
unless packing could be utilized.
(b) Serious injury or illness
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SECTION 2.
25
(c) Obvious signs
malnutrition,
exhaustion.
of emaciation,
lameness or
(2) Animals requiring veterinary care shall
not be moved, ridden or driven except for
the purpose of humane keeping, pasturing
or obtaining medical care.
(3) Animals shall be properly shod and the
feet shall be kept trimmed.
(4) Animals shall be kept clean particularly
in the areas in contact with harness or
other tack.
(5) Animals shall not be worked more than two
(2) hours without being given a total of
thirty (30) minutes rest. The maximum
working period for anyone animal shall
be ten (10) hours out of every twenty-
four (24) hours.
(6 ) Animals shall not be worked when the
temperature at the workplace reaches or
exceeds 95 degrees Fahrenheit. Animals
which are on heat stress treatment which
has been prescribed by a veterinarian may
be worked while under such treatment as
long as a veterinarian is on the premises
of the workplace.
(7) No animal shall be over-ridden or driven
to result in overheating or exhaustion.
(8) All harnesses and bridles shall be kept
cleaned and in good repair.
(9) No animal shall be made to perform by
means of any prod, stick, electrical
shock, physical force, or by causing pain
or discomfort. Any whip or riding crop
must be used so as not to cause injury to
the animal.
QUARANTINE: The Animal control Division may order
a quarantine of the entire premises where the
animals are being stabled or any part thereof or on
any particular animal for any of the following
reasons:
(A) Excessive
parasitism,
diagnosed
a
by
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SECTION 3.
26
veterinarian which would cause the animal to
be unfit to be ridden or driven.
(B) General malnutrition
veterinarian.
diagnosed
by
as
(C) Presence or suspicion of transmissible disease
as diagnosed by a qualified veterinarian.
INSPECTION: Facilities shall be subject to
inspection by an Animal Control Officer upon
his/her request during reasonable hours.
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SECTION 1.
SECTION 2.
27
ARTICLE 11. DANGEROUS DOGS
NON-REGISTERABLE DANGEROUS DOGS: No person shall
own or harbor a non-registerable dangerous dog
within the City of North Richland Hills. Such an
animal may be impounded as a public nuisance. If
impoundment of said non-registerable dangerous dog
is being attempted away from the premises of the
owner and the impoundment cannot be made with
safety, the animal may be destroyed without notice
to the owner or harborer. If an attempt is made to
impound a non-registerable dangerous dog from the
premises of the owner or harborer and the
impoundment cannot be made with safety, the owner
or harborer will be given twenty-four (24) hours
notice, that if that animal is not surrendered to
the Animal Control Division for impoundment within
said twenty-four (24) hour period, then the animal
will be destroyed wherever it is found. After this
notice, the non-registerable dangerous dog may be
destroyed during an attempt to impound, if
impoundment cannot be made wi th safety, wherever
the impoundment is attempted. Notice under this
Article may be verbal or in wri ting . A wri tten
notice left at the entrance to the premises where
the non-registerable dangerous dog is harbored will
be considered valid notice under this section.
DETERMINATION OF NON-REGISTERABLE DANGEROUS DOG: A
dog is determined to be a non-registerable
dangerous dog if:
(A) A dog is automatically determined to be non-
registerable if it commits acts as defined in
Article 2-J(1) of this Ordinance; or
(B) The Animal Control Division may find and
determine a dog to be non-registerable if:
(1) Upon receipt of an Affidavit of Complaint
signed by one or more individuals, made
under oath before an individual
authorized by law to take sworn
statements or made at the Animal Care and
Control Center before a certified Animal
Control Officer, setting forth an act
described in Article 2-J(1) and set forth
as follows:
(a) Nature and the date of the act; and
(b) The location of the event; and
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SECTION 3.
28
(0) The name and address of the owner of
the animal in question; and
(d) The description of the animal in
question.
(2) The Animal Control Division shall
investigate the complaint and may
determine that an animal is non-
registerable under this Ordinance and/or
state Law.
(C) The dog has been registered as, or finally
determined or declared to be a dangerous dog
either in North Richland Hills or in another
city or county in Texas and has made an
unprovoked attack on another person outside
the dog's enclosure and causes serious injury
or inflicts a servere bite to such person or a
person assisting or intervening on behalf of
such person: or
CD) The owner of a dog determined to be a
registerable dangerous dog under this
ordinance, or any previous or other ordinance
of this city or any other city or state law,
can not or will not comply with the
requirements set out in this article for the
keeping of a registerable dangerous dog.
NOTIFICATION OF DETERMINATION OF A NON-REGISTERABLE
DANGEROUS DOG:
(A) within five (5) working days of determining an
animal non-registerable, the Animal Control
Division will notify, by certified mail,
return receipt requested, the person owning
the animal of its designation as a non-
registerable animal. In the event that
certified mail, return receipt requested,
cannot be delivered, the Animal Control
Division may then give notice by ordinary
mail.
(B) If the animal is determined to be non-
registerable under this Ordinance, the owner
may appeal to the Municipal Court within
thirty (30) days of notification. Failure to
appeal the determination of non-registerable
dangerous dog shall result in the Animal
Control Division's determination as final.
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SECTION 4.
SECTION 5.
SECTION 6.
29
STATUS OF DOG PENDING APPEAL: Pending the outcome
of the appeal to Municipal Court, the animal must
be confined at a licensed veterinary clinic or at
the Animal Care and Control Center, the cost of
which shall be borne by the owner. If the dog in
question is not in the possession of the Animal
Care and Control Center or a veterinary clinic at
the time of the declaration, the owner must
surrender said dog to the Animal Control Division
when ordered to do so by any animal control officer
or police officer. If the owner fails to
immediately surrender the dog the Animal Control
Division shall have the right to take the dog into
its possession from the premises of the owner or
elsewhere, wherever the dog may be found within the
ci ty limi ts. If the dog cannot be taken into
custody by the Animal Control Division, it may be
taken into custody under a search warrant for
contraband issued by the Municipal Judge or other
Magistrate having jurisdiction.
DEFENSE TO DETERMINATION OF NON-REGISTERABLE
DANGEROUS DOG: It is a defense to the
determination of a dog as a non-registerable
dangerous dog and to the prosecution of the owner
of that dog:
(A) If the threat, injury, or damage was sustained
by a person who at the time was committing a
willful trespass or other tort upon the
premises occupied by the owner of the animal;
or
(B) If the person was teasing, tormenting,
abusing, or assaulting the animal or has, in
the past, been reported to have teased,
tormented, abused or assaulted the animal; or
(C) If the person was committing or attempting to
commit a crime; or
(E) If the dog was protecting or defending a
person wi thin the immediate vicinity of the
dog from an unjustified attack or assault: or
(F) If the dog was injured and responding to pain.
DISPOSITION OF NON-REGISTERABLE DANGEROUS DOG:
(A) If the Municipal Court upholds the
determination by the Animal Control Division,
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SECTION 7.
SECTION 8.
30
the court shall order the dog to be
euthanized in a safe and humane manner by a
veterinarian or a trained euthanasia
technician at the Animal Care and Control
Center.
(B) In the event the Municipal court reverses that
determination, the dog in question shall be
returned to or released to its owner provided
that the owner has paid all costs involved in
the impoundment, holding and medical treatment
of said dog as well as any other requirements
set down in this ordinance.
REGISTERABLE DANGEROUS DOG: Shall refer to a dog
determined dangerous under this Article and in
compliance with state Law and that meets any of the
following criteria:
(A) Any dog which, when unprovoked, chases or
approaches a person upon the streets,
sidewalks, or any public or private property
in an apparent attitude of attack such that
the person reasonably believes that the animal
will cause physical injury to the person¡ or
(B) Any doq that commits an unprovoked act in a
place other than an enclosure in which the dog
was being kept and that was reasonably certain
to prevent the dog from leaving the enclosure
on i ts own and the act causes a person to
reasonably believe ~at ~e dog will attack
and cause bodily injury to that person; or
(C) Any animal that has killed or seriously
injured a domestic animal without provocation
while off the owner's property.
DETERMINATION OF REGISTERABLE DANGEROUS DOG: A dog
is determined to be a registerable dangerous dog if
it meets the requirement(s) set out in section 7 of
this Article; and
(A) The owner of the dog in question knows of such
an attack as defined in this Article; or
(B) The owner is notified by the Animal control
Division that the dog in question is a
registerable dangerous dog. The Animal
control Division may find and determine a dog
to be a registerable dangerous dog if:
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SECTION 9.
31
(1) Upon receipt of an Affidavit of Complaint
signed by one or more individuals, made
under oath before an individual
authorized by law to take sworn
statements or made at the Animal Care and
Control Center before a certified animal
control officer I setting forth an act
described in Section 7 of this Article
and set forth as follows:
(a) Nature and the date of the act; and
(b) The location of the event; and
(0) The name and address of the
owner of the animal in question; and
Cd) The description of the animal in
question.
(2) The Animal Control Division has been
notified by another agency that the dog
has been determined to be dangerous under
the state Law.
NOTIFICATION OF DECLARATION OF A REGISTERED
DANGEROUS DOG:
(A) Within five working days of determining a dog
a registered dangerous dog, if wri tten
notification can not be given personally to
the owner of the dog the Animal Control
Division will notify, by certified mail,
return receipt requested, the person owning
the animal of its designation as a
registerable dangerous dog. In the event that
certified mail, return receipt requested,
cannot be delivered, the Animal Control
Division may then give notice by ordinary
mail.
(B) If the dog is determined to be registerable
under this Ordinance, the notice shall inform
the owner of the dog he/she may appeal the
determination to Municipal Court no later
than thirty (30) days after the date the owner
is notified of the determination. Failure to
appeal the determination of registerable
dangerous dog within the thirty (30) day
period shall resul t in the Animal Control
Division's determination as final.
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SECTION 10.
SECTION 11.
SECTION 12.
32
(C) Failure of the owner to appear at the
Determination Hearing shall result in the
Animal Control Division's determination as
final.
STATUS OF DOG ON APPEAL: Pending the outcome of
the appeal, the animal must be confined at a
licensed veterinarian clinic or at the Animal Care
and Control Center, the cost of which shall be
borne by the owner of the dog in question. If the
dog in question is not in the possession of the
Animal Care and Control Center or a veterinary
clinic at the time of the determination, the owner
must surrender the said dog to the Animal Control
Division when ordered to do so by any animal
control officer or police officer. If the owner
fails to immediately surrender the dog, the Animal
Control Division shall have the right to take the
dog into its possession from the premises of the
owner or elsewhere, wherever the dog may be found
within the City limits. If the dog cannot be taken
into custody by the Animal Control Division, it may
be taken into custody under a search warrant for
contraband issued by the Municipal Judge or other
Magistrate having jurisdiction.
DEFENSE TO DETERMINATION OF REGISTERABLE DANGEROUS
DOG: Section 5 I (A) through (F) of this Article
shall serve as a defense to the determination of a
dog as a registerable dangerous dog and to the
prosecution of the owner of that dog.
DISPOSITION OF REGISTERABLE DANGEROUS DOG:
(A) If the Municipal Court upholds or has ever
upheld under previous or other ordinances of
this city or other cities or state law, the
determination by the Animal Control
Division,the owner shall, no later than ten
(10) days after the Determination Hearing
comply with the provisions of this Ordinance
for the keeping of a
registered dangerous dog in North Richland
Hills and the dog shall be returned to the
owner provided all costs involved in the
impoundment, holding and medical treatment of
said dog are paid.
(B) In the event the Municipal Court reverses that
determination, the dog in question shall be
returned to or released to its owner provided
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SECTION 13.
33
the owner has paid all costs involved in the
impoundment, holding and medical treatment of
said dog as well as any other requirements set
down in this Ordinance.
(C) If the Animal Control Division has information
or belief, or has determined that a court of
competent jurisdiction has ever made or upheld
a determination or declaration that a dog is
dangerous, or if the Animal Control Division
has determined that a declaration or
determination of dangerous dog became final
for failure to appeal or any other reason,
under previous or other ordinances of this
city or other cities or state ¡aw, the Animal
Control Division shall noti~y the person
owning or keeping such dog in writing that the
owner shall no later than ten (10) days after
the date of the notice comply with the
provisions of this Ordinacne for the keeping
of a registered dangerous dog in North
Richland Hills.
REQUIREMENTS FOR REGISTRATION AND POSSESSION OF A
REGISTERED DANGEROUS DOG: OWner must registered
the dog at the Animal Care and Control Center, the
annual fee for which is fifty dollars ($50.00).
The registration shall not be transferable and
shall expire one year from date of issuance. The
Animal Care and Control Center shall provide to the
owner of the registered dangerous dog a tag which
must be placed on the dogs collar and worn at all
times.
(A) The owner must comply with the following to
register the dog:
(1) Present proof of liability insurance or
financial responsibility in the amount of
at least one hundred thousand dollars
($1&0,000.00) to cover damages' resulting
from an attack by the dangerous dog which
causes bodily injury to a person; and
(2) Present proof of current rabies
vaccination of the registerable dangerous
dog; and
(3)
Present proof
al tered so as
and
that ,the dog has been
to prevent reproduction;
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(4) Present proof that the owner has attended
the Responsible Pet OWnership class
provided by the Animal Care and Control
Center; and
(5) The owner must provide a proper enclosure
as defined in Article 2 of this Ordinance
and that proper enclosure must be
inspected and approved by the Animal
Control Division: and
(6) The owner shall post a sign on his/her
premises warning that there is a
dangerous dog on the property. This sign
shall be visible and capable of being
read from the pUblic street or highway.
In addition, the owner shall
conspicuously display a sign with a
symbol warning, understandable by small
children, of the presence of a dangerous
dog; and
(7) Owner shall caused to be placed around
the dog's neck a collar indicating the
dog is dangerous. This collar may be
obtained at the Animal Care and Control
Center and must be worn at all times; and
( 8 ) Further identif ication may be required
and designated by the order of the
Director of Environmental Services.
(B) When the registéred dangerous dog is taken
outside the approved proper enclosure, the
animal must be securely muzzled in a manner
that will not cause injury to the dog nor
interfere with its vision or respiration but
shall prevent it from biting a person or other
animal, and the dog must be restrained by a
substantial chain or cable leash hav'ing a
minimum tensile strength of one thousand
(1,000) pounds and not to exceed six (6) feet
in length; and
(C) Prior to selling or moving the registered
dangerous dog either inside or outside the
City limits, the owner must notify the Animal
Control Division of his/her intentions. In
the event the dog is moved permanently outside
the City limits the owner must comply with the
state Law in notifying the animal control
authority in control of the area into which
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SECTION 14.
SECTION 15:
SECTION 16.
35
the City limits the owner must comply with the
state Law in notifying the animal control
authority in control of the area into which
the dog has been moved.
(D) Anyone bringing a dog into the city limits of
North Richland Hills that has been declared
dangerous by another animal control authority
must notify the Animal Control Division of the
new address where the dog will be kept and
upon presentation of the dog's prior
registration tag that has not expired, shall
pay a fee of twenty-five dollars ($25.00), and
the Animal Control Division shall issue a new
tag to be placed on the dogs collar. This
owner must also comply with all requirements
set out in this ordinance.
ATTACK BY REGISTERED DANGEROUS DOG: The owner of a
dangerous dog shall notify the Animal Control
Division of any attacks the dog makes on people or
animals.
APPEAL FROM MUNICIPAL COURT: Any appeal of the
decision or order of the Municipal Court of North
Richland Hills shall be made within twenty (20)
days in the same manner as appeal from civil cases
originating in the Justice of the Peace Courts of
this state. The Municipal Court shall order the
appellant to post a supersedeas bond payable to the
city of North Richland Hills in an amount not less
than ten thousand dollars ($10,000.00). The form
of the bond shall be as prescribed in the laws
pertaining to civil appeals originating in the
Justice of the Peace Courts in this state. The
appellant shall be responsible for the cost of
appeal.
DEFENSE TO PROSECUTION FOR VIOLATION OF REGISTERED
DANGEROUS DOG: It is a defense to prosecution of
sections 14 that the person is:
(A) Veterinarian, peace officer, employee of the
Animal Control Division; or
(B) An employee of the institutional division of
the Texas Department of Criminal Justice or a
law enforcement agency and trains or uses dogs
for law enforcement or corrections purposes;
or
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SECTION 17.
36
(C) A dog trainer or an employee of a guard dog
company under the Pri vate Investigators and
Private Security Agencies Act (Article
4413(29bb), Vernon's civil statutes).
PENALTIES FOR VIOLATION OF THIS ARTICLE:
(A) It shall be a violation of this Ordinance if
the person is the owner of a registered
dangerous dog and the dog makes an unprovoked
attack on another person outside the dog's
proper enclosure and causes bodily injury to
the other person whether or not the dog was on
a leash and securely muzzled or whether or not
the dog escaped without fault of the owner.
(B) It shall be a violation of this Ordinance if
the person is the owner of a registered
dangerous dog and that dog kills or wounds a
domestic animal while outside the dog's proper
enclosure whether or not the dog was on a
leash and securely muzzled or whether or not
the dog escaped without fault of the owner.
(C) It shall be a violation of this Ordinance if
the person is the owner of a registered
dangerous dog and that dog attacks a person
who gains access to the proper enclosure due
to negligence on the part of owner or the
owner's agent.
(D) In addition to criminal prosecution, a person
who commits an offense under this Article is
liable for a civil penalty not to exceed ten
thousand dollars ($10,000.00). The City
Attorney of North Richland Hills may file suit
in a court of competent jurisdiction to
collect the penalty. Penalties collected
under this subsection shall be retained by the
city.
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SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
37
ARTICLE 12. WILD/ EXOTIC / DANGEROUS ANIMALS
EXHIBITIONS OF WILD/DANGEROUS ANIMALS PROHIBITED:
No person shall keep, or permit to be kept, on his
premises any wild or dangerous animal for display
or for exhibition purposes, whether gratuitously or
for a fee. This Section shall not be construed so
as to apply to a theatrical exhibit or circus, as
defined in Section 2 of this Ordinance.
PROHIBITED ANIMALS: No person may possess a
venomous reptile, elephant, rhinoceros, skunk,
raccoon, fox, coyote, bats, wolves or any hybrid of
these animals or any other dangerous animal which
may be added in the future to the list as a "high
risk" animal in the Texas Rabies Control Act.
RESTRICTED ANIMALS: No person may possess any
individual species and/or subspecies of the
following animals: lions, tigers, ocelots,
cougars, leopards, cheetahs, jaguars, hyenas,
bears, lesser pandas, ferrets, binturongs,
ostriches, emu/and or apes without a permit issued
through the Animal Control Division.
PERMIT REQUIREMENTS FOR RESTRICTED ANIMAL
OWNERSHIP: Any person who wishes to possess a
restricted animal in the city limits must:
A. Apply for said permit at the Animal Care and
Control Center and provide the following
information and documentation:
(1) A health certificate from a licensed
veterinarian stating that the animal is
free from symptoms of infectious disease
or is under treatment. A new health
certificate is required each time the
permit is renewed. Copy will remain with
the Animal Control Division.
( 2) Copies of applicable state or federal
permits or licenses as required by either
of those entities for the keeping of the
particular animal in question. These
copies will be retained by the Animal
Control Division
(3) Information relating to the owner
including emergency telephone numbers and
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D.
E.
38
telephone numbers for their veterinarian
in case of emergencies.
B.
Before a permit is issued the Animal Control
Division shall inspect the facility where the
animal is to be kept, which must meet the
fOllowing criteria:
(1) Each enclosure must provide adequate
exercise area and sleeping quarters.
(2) Proper temperature control and
ventilation for the particular species
must be provided in both areas.
( 3 ) Each enclosure must be kept locked and
designed so that no one can enter or
place appendages in the enclosure.
(4) Each enclosure must be constructed so as
to prevent the animal from escaping.
(5) Each enclosure must kept in good repair
to prevent both escape and injury to the
animal.
( 6 ) Each enclosure must have a water
container which is secured so as to
prevent its being overturned.
(7) Each enclosure must be disinfected daily
and surfaces must be of a impervious
material to allow for disinfecting.
c.
Owners keeping permitted restricted animals as
pets inside their residence are not required
to provide for the requirements of (1)
through (7) above, except there must be
separate sleeping quarters. The animal (s )
must remain in the owner's home or in the
prescribed enclosure, if outdoors. If
transported to the veterinarian, animal must
be kept in an escape-proof cage previously
approved by the Animal Control Division.
Each animal must be provided with continuous
clean water and must be fed a diet approved by
a licensed veterinarian.
Any animal which has bitten or scratched
someone must be immediately surrendered to the
Animal Control Division for euthanasia and
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SECTION 5.
SECTION 6.
39
testing by the Texas Department of Health. A
1 i ve test approved by T . D . H. may be
substituted for euthanasia.
F. Fee for restricted animal parmi t shall be
fifty dollars ($50.00) and the permit shall
expire one year from date of issuance and
shall not be transferable.
VIOLATION OF PERMIT REQUIREMENTS: Failure to
comply with the permit requirements shall
constitute a violation of this Article and each day
on non~compliance shall constitute a separate
offense.
EXEMPT: This Article does not apply to:
A. Zoological Park accredi ted by the American
Association of Zoological Parks and Aquariums.
B. Federally-licensed research institutions.
c. Any government agency or its employee who use
the animals for an agency related to
education, propagation, or behavior program.
D. Anyone holding a valid rehabilitation permit
from the Texas Parks and Wildlife but only for
animals which are in rehabilitation and
scheduled to be release to the wild.
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SECTION 1.
SECTION 2.
SECTION 3.
ATTEST:
40
ARTICLE 13.
PENALTIES/ SEVERANCE/ REPEALER
PENALTY FOR VIOLATION: Any person who violates any
of the provisions of this ordinance shall be guilty
of a misdemeanor and upon conviction thereof, shall
be punished by a fine not to exceed two hundred
dollars ($200.00). Each day of violation shall
constitute a separate offense.
SEVERANCE CLAUSE: If any section, subsection,
sentence, clause, or phrase of this ordinance is
for any reason held to be invalid, such decision
shall not affect the validity of the remaining
portions of this ordinance.
REPEALER: All ordinances and parts of ordinances
in conflict here with are hereby repealed on the
effective date of this ordinance, which will be ten
(10) days from passage and pUblication as required
by law.
Passed and Approved this _ day of
,-.
Tommy Brown, Mayor
Jeanette Rewis, City Secretary
Approved as to form and legality:
Rex McEntire, Attorney
I CITY OF
J NORTH RICHLAND HILLS
Itþ:>epartment: City Secretary Council Meeting Date: 11/25/91
Amendment to Ordinance No. 1047, Coin Operated
Subject: Amusement Machines - Ordinance No. 1775 Agenda Number: GN 91-164
The City currently collects a $7.50 operating tax for each table or amusement
machine. Recent legislation passed allows the City to increase the tax to
$15.00. Ordinance No. 1775 also increases the annual license fee as authorized
by State.
Recommendation:
It is recommended that City Council approve Ordinance No. 1775.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
~~~
/2--7
Finance Review
Acct. Number
Sufficient Funds Available
.
~
Department Head Signature
CITY COUNCIL ACTION ITEM
,
//. ,(
'Â ~,I
/1~6,¡ ~';.·f
City Manager
I Finance Director
Pa e 1 of
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ORDINANCE NO. 1775
ORDINANCE AMENDING ORDINANCE NO. 1047
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, that Ordinance No. 1047 be amended at Section XVIII, to
read as follows:
"The following annual fee shall be charged for each separate pool, billiard,
recreational or amusement center as defined in Section One (1) of this ordinance.
(a) Those establishments with 50 or fewer machines, $100
(b) Those establishments with 51-200 machines, $200
(c) Those establishments with over 200 machines, $250.
(d) Any person engaged in the business of manufacturing, owning, buying, selling,
renting, leasing, trading, repairing, maintaining, servicing, transporting or
exhibiting any coin-operated machine with the City who has been issued a
general business license by the Texas Amusement Machine Commission shall
pay to the City of North Richland Hills an annual license fee of one-half
(1/2) the license fee paid to the State of Texas.
For each pool, billiard, recreational, or amusement game or table there shall be an
operating tax of $15.00 per table or machine.
PASSED AND APPROVED this 25th day of November, 1991.
APPROVED:
ATTEST:
Tommy Brown - Mayor
Jeanette Rewis - City Secretary
APPROVED AS TO FORM AND LEGALITY:
Rex McEntire - Attorney for City
. \.
CITY OF
NORTH RICHLAND HILLS
Public Works/Utilities
Glenview Drive Sanitary Sewer Project -
Rasement Acqµisition - Parcel No. 2
~ Council Meeting Date: 11/25/91
Agenda Number:
PU 91-45
On April 8, 1991, City Council approved the subject project. This action is required
to purchase one of the six easements needed from homeowners fronting Glenview Drive.
The staff has acquired a temporary construction easement and a permanent sanitary sewer
easement from the property of Leveda Foster for the subject project. Compensation for
the easement is $1,000.00. All property owners are being offered $1,000.00 for the
permanent easement across each lot. To date the City has acquired three of the six
easements needed, including this one.
Recommendation:
The staff recommends Council approve payment for the permanent sanitary sewer easement
along Glenview Drive to Leveda Foster in the amount of $1,000.00.
Finance Review
nt Head Signature
CITY COUNCIL ACTION ITEM
. Fmance Director
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SANITARY SEWER EASEMENT
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS
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That I, LeVeda Foster, a widow, as Sellers, for and in consideration of the
agreed purchase price of One Thousand and nO/lOa Dollars ($1,000.00), and upon all
of the terms and conditions hereof hereby grant, sell and convey to the City of
North Richland Hills, a municipal corporation of Tarrant County, Texas, as Buyer, a
perpetual easement for the purpose of constructing, using and maintaining public
sanitary sewer facilities including underground conduits, said perpetual easement
being shown and described on the plat attached hereto, which plat is made a part
hereof, and/or further described as follows:
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(SEE ATTACHED PLAT AND LEGAL DESCRIPTION)
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In addition to the above described perpetual easement, Seller also hereby
grants to City a temporary right of access to, and use of, lands of Seller
immediately adjacent to the perpetual easement as necessary for construction of
proposed facilities by normal operations.
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The agreed purchase price includes full accord, satisfaction and compensation
for all demands of the Seller, subject also to the following special conditions, if
any:
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To have and hold the same perpetually to the City of North Richland Hills and
its successors and assigns forever.
.). , .h. rJ
Executed this the
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day of Oc."tJ ~
~~~I &~
LeVeda Foster
, A.D., 1991.
SELLER
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ADDRESS OF GRANTEE:
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76180
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STATE OF TEXAS
COUNTY OF TARRANT
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Z drhiS inst~en~~acknowledged before me by LeVeda Foster on this the
5.Jt day of c.. , A.D. 1991.
71'^ ()Jlt. ~ ~t- ~
Notary Public, State of Texas
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Commission Expires:
Notary's Printed Name:
4-22-93
Mark D. Bradley
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.i~l"'.j.
$J..:i::1
IMRK D. BRADUY
MY COUMIIa.ON EXPIM8
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KEF NO. 3-430, PARCEL NO.2
CITY OF NORTH RICHLAND HILLS
GLENVIEW DR. RELIEF SEWER
EXHIBIT "A"
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PERMANENT SANITARY SEWER EASEMENT
W. W. WALLACE SURVEY, ABSTRACT NO. 1606
TARRANT COUNTY, TEXAS
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SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of
. land out of the W. W. Wallace Survey, Abstract No. 1606, said strip also being across a
tract of land conveyed to C. C. Foster and wife Leveda Foster (Foster tract) by deed as
recorded in Volume 2789, Page 520 of the Deed Records of Tarrant County, Texas
(D.R.T.C.T.), said strip being herein described as a 10 foot wide Permanent Sanitary
Sewer Easement as shown on the attached Exhibit "C" and being more particularly de-
scribed by metes and bounds as follows:
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BEGINNING at a point in the west property line of said Foster tract and the east property
line of Lot 6 Block 1 of Richland Heights Addition an addition to the city of North Rich-
land Hills as recorded in Volume 388-9 Page 105 of the Plat Records of Tarrant County,
Texas, said point of beginning being South 00 degrees 09 minutes 30 seconds West,
135.16 feet from the northwest corner of said Foster tract;
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THENCE, South 89 degrees 57 minutes 43 seconds East, 100.90 feet to a point in the east
property line of said Foster tract and the west property line of a tract of land
conveyed to Guy W. Morse and wife Sammie R. Morse (Morse tract) as recorded
in Volume 6688 Page 458, of the D.R.T.C.T.;
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THENCE, South, along the east property line of the said Foster tract and the west proper-
ty line of said Morse tract, 10.00 feet to a point;
THENCE, North 89 degrees 57 minutes 43 seconds West 100.93 feet to a point in the
west property line of the said Foster tract and the east property line of the afore-
said Lot 6;
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THENCE, North, along the east property line of said lot 6 and the west property line of
said Foster tract, 10.00 feet to the POINT OF BEGINNING.
The Permanent Sanitary Sewer Easement herein described contains 0.0232 acres (1,009
square feet) of land, more or less.
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TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY
CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC
RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND
THAT SAME IS TRUE AND CORRECT.
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Company Name: Spooner and Dunn
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By:
Ea;. ;( ~~
Eddie L. Dunn
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Registered Professional Land Surveyor,
Texas No. 4580
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Date of Survey July 1991
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KEF NO.3-430, PARCEL NO.2
CITY OF NORTH RICHLAND HILLS
GLENVIEW DR. RELIEF SEWER
EXHIBIT I'B"
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TEMPORARY CONSTRUCTION EASEMENT
W. W. WALLACE SURVEY, ABSTRACT NO. 1606
TARRANT COUNTY, TEXAS
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SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of
. land out of the W. W. Wallace Survey, Abstract No. 1606, said strip also being across a
tract of land conveyed to C. C. Foster and wife Leveda Foster (Foster tract) by deed as
recorded in Volume 2789, Page 520 of the Deed Records of Tarrant County, Texas
(D.R. T. C. T.), said strip being herein described as a 20 foot wide Temporary Construction
Easement as shown on the attached Exhibit "c" and being more particularly described by
metes and bounds as follows:
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BEGINNING at a point in the west property line of said Foster tract and the east property
line of Lot 6 Block 1 of Richland Heights Addition an addition to the city of North Rich-
land Hills as recorded in Volume 388-9 Page 105 of the Plat Records of Tarrant County,
Texas, said point of beginning being South 00 degrees 09 minutes 30 seconds West,
135.16 feet from the northwest corner of said Foster tract;
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THENCE, North 00 degrees 09 minutes 30 seconds East, with the west property line of
said Foster tract and the east property line of said Lot 6, 20.0 feet;
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THENCE, South 89 degrees 57 minutes 43 seconds East, 100.85 feet to a point in the east
property line of said Foster tract and the west property line of a tract of land
conveyed to Guy W. Morse and wife Sammie R. Morse (Morse tract) as recorded
in Volume 6688 Page 458, of the D.R.T.C.T.;
THENCE, South, along the east property line of the said Foster tract and the west proper-
ty line of said Morse tract, 20.00 feet;
THENCE, North 89 degrees 57 minutes 43 seconds West 100.90 feet to the POINT OF
BEGINNING.
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The Temporary Construction Easement herein described contains 0.0463 acres (2,01 7
square feet) of land, more or less.
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TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY
CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC
RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND
THAT SAME IS TRUE AND CORRECT.
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Company Name: Spooner and Dunn
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By:~'Yß~
Eddie L. Dunn
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Registered Professional Land Surveyor,
Texas No. 4580
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Date of Survey July 1991
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SPOONER & DUNN
REGISTERED PROFESSIONAL
LAND SURVEYORS
JOB NO.: 7-91-138
DATE: 8-14-91
COGO FILE: 7 91 138
ACAD FlLE: 138-2
DRAWN BY: E.L.D.
COMPUTED BY: S.G.S.
CHECKED BY: E.L.D.
(817) 282-6981
SURVEY: 'N. W. WALLACE, A-1606
LOCATION'. TARRANT COUNTY. TEXAS
EASEMENT ACQUISITION: TEMPORARY: 0.0463 AC.
PERMANENT: 0.0232 AC.
WrlOLE PROPERlY ACREAGE : 0.3626 AC.
KEF NO.3-430, ? ARCEL NO. 2
GLENV1EW DRIVE REUEF SEVJER
EXHIBIT "C·
DRAWING OF EXHIBITS "A" & "8"
CITY OF NORTH RICHLAND HILLS
P.o. BOX 820609
NORTI-i RICHLAND HILLS TX. 76182
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\ EXHIBIT "B"
\ PROPOSED 20 FOOT WIDE
TEMPORARY CONSlRUCTlON EASEMENT
0.0463 ACRES (2.017 SQ. FT.)
UGHT POlL ~
2.89·~7· 43·~.@~~ -.J Q9.85~ ~ _ _ _
\ EXHIBIT "A"
PROPOSED 1 0 FOOT WIDE PERMANENT
SANITARY SEVÆR EASEMENT
0.0232 ACRES (1.009 SQ. FT.)
5.89-57' 43"E. 1 00.90'
f
W. W. WALLWCE A1606
C_ C. FOSTER AND WIFE
LEVED A FOSTER
VOL. 2789 PG. 520 D.R. T.C. T.
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CITY OF
NORTH RICHLAND HILLS
Department: Finance
SUbject:
Award of Bid for Computer Upgrade
~ Council Meeting Date: 11/25/91
Agenda Number: PU 91-46
In the 1991/92 budget Council appropriated money for the upgrade
of the AS/400 computer system. Formal bids were solicited and
the results are outlined below.
Choice Solutions
$9,000
Platinum Systems
8,500
XL/Datacomp
8,320
This upgrade is required because of the additional workload
added by the addition of the GIS System, and the new
Utility Billing System.
Recommendation: It is recommended Council approve the purchase
of the computer upgrade from XL/Datacomp in the amount of $8,320.
Finance Review
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Othe
02-20-01-6400
s Available
. Fmance Director
City Manager
CITY COUNCIL ACTION ITEM
Page 1 of
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CITY OF
NORTH RICHLAND HILLS
Department: Administration
Council Meeting Date: 11 125 191
Agenda Number: PW 91-34
Subject:
1992 Drainaqe Improvements Proqram
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The following 1992 drainage projects, agreed to at the November 11, 1991 City
Council Meeting, are submitted for your approval. Except as indicated below, ,
the funding of these projects will be from the sale of drainage bonds in
January 1992 and the Drainage Utility Fund also scheduled for implementation
in January.
1. Calloway Branch Phase lIB
Maplewood Bridge to Lola Drive
$2,762,494
2. Calloway Branch @ Hightower Drivel
Permanent Box Culvert and 200' of Channel Liner
324,000
3. Continental Trail Drainage Improvements
(Culvert and Earthen Channel)
36,000
4. Starnes Road Drainage Improvements
(6704 Starnes Road)
15,000
5. Little Bear Creek Channel Clearing (Precinct Line
to Northfield Park)
60,000
6. *Estimated 1992/93 Drainage Bond Payment
(to be funded from Drainage Utility Fees)
-0-
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7 .
**Timberhill Drive/Crestwood Addition
Parallel Storm Drain
260,000
8 .
**Woods Lane Storm Drain (Green Valley South to
Woods Lane then east to Davis Blvd.)
213,000
9 .
Unspecified Drainage Funds Held in Reserve
Total Proposed 1992 Drainage Projects
759,250
$4,429,750
* The first interest payment on the $3,000,000 in drainage bonds
will be due and payable in March or April 1993. That amount is
estimated at $200,000. It can be funded from 1992 or 1993
Drainage Utility Fees or a combination of both.
**Previously approved and funded by City Council.
Finance Review
Acct. Number
Sufficient Funds Available
.~ ~~c. ~
/:1(/1/:/ ~
t Head Signature efÍy Manager
CITY COUNCIL ACTION ITEM
. Finance Director
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Page Two
Source of Fundina 1992 Drainaae proiects:
1. 1992 Drainage Bond Sales
$3,000,000
2. 1992 Drainage Utility Fees
(January 1st to December 31, 1992)
833,000
3. Interest Income on 1992 Bond Sale
(Drainage Only)
123,750
4. Previously Approved by City Council
1991/92 Draw Down Schedule
$ 473,000
$4,429,750
Total Funding 1992 Projects
Recommendation:
It is recommended that the City Council approve the 1992 Drainage
Improvement Program.
, \ .
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CITY OF
NORTH RICHLAND HILLS
Source of Funds:
Bonds (GO/Rev.)
_ Operating Budget
. Other
.
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Department: Public Works
Award Bid for Community Center
Subject: Parking Lot Improvements
Council Meeting Date: 11/25/91
Agenda Number: PW 91-35
Bids were received for the subject project on November 11, 1991. The low bidders are
listed below.
Bidder
Total Amount Bid
Base Bid & Base Bid &
All Alternates Alternate "A"
Calendar Days
AlI-Tex Paving
PJS Construction
J.L. Bertram
$353,506.50
$354,631.98
$354,778.78
$280,201.10
$295,518.46
$296,480.41
150
120
120
The Council has previously established a budget for the subject project of $268,988
with GN 91-47 to cover construction and engineering. This is approximately $100,000
less than the low bid for the base bid plus all alternatives. Currently, this amount
of monies is not readily available from the General Capital Project Funa.
staff has discussed phasing the construction and recommends the low bidder, All-Tex
Paving, be awarded the Base Bid plus Alternate "A" for $280,201.10. City crews will
install plastic underground conduit for the future irrigation system's piping & control
wires and the lighting system's electrical cable prior to All-Tex Paving beginning
construction. The additional cost for conduit should be less than $5,000.
staff hopes to return to Council with a financing plan for the remainder of the.
construction prior to completion of this project.
Funding Source:
As indicated above, the total available for the proposed project is $268,988 to include
engineering. The breakdown of the budget, the required budget for the Base Bid plus
Alternate "A" and the source of funds is indicated below:
Original Budget
Proposed Budget
Additional Funds Needed
Engineering
Construction
Total
$ 24,000
244,898
$268,898
$ 24,000.00
280,201.10
$304,201.10
$ -0-
35,303.10
$35,303.10
Fran:
1. Completion of Glenview Facility Remodeling
2. Council's Budget Reserve for Contingency
Total Additional Funding
$16,238.00
19,065.10
$35,303.10
Finance Review
Acct. Number See Above
Sufficien~nds Available
ur ~ ~;t~
n Head Signature ' City Manager
CITY COUNCIL ACTION ITEM
, Finance Director
Page. ,1 of
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To:
13-50-01-6000
Library/Recreation Center Parking Lot
$35,303.10
Recommendation:
staff recommends Council award the subject project to AII-Tex Paving, Inc. in the
amount of $280,201.10 for the Base Bid plus Alternate "A". It is also recommended
Council authorize the transfer of funds as detailed above.
CITY OF NORTH RICHLAND HILLS
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KNOWL TON-ENGLlSH-FLOWERS, INC.
CONSUL TING ENGINEERS / Fort Worth-Dallas
Novernber 14, 1991
Honorable Mayor and City Council
City of North Richland Hills
7301 N. E. Loop 820
North Richland Hills, Texas 76180
Re: 3-363, CITY OF NORTH RICHLAND HILLS
COMMUNITY CENTER PARKING LOT
TABULATION OF BIDS
Bids were received on November 11, 1991, for the referenced project. In the project's
contract proposal the improvements were organized into categories of Base Bid and four (4)
Additive Alternates. Below is a general description of the improvelnents included in each
category. Two (2) drawings are attached to help you visualize which areas of the parking lot
are to be paved in the Base Bid and in the Additive Alternate "A".
BASE BID:
These improvements include paving and drainage of the parking lot consisting of
2-inch thick asphalt overlay, IO-inch thick pavement replacement, 6-inch thick
concrete driveway construction and relocation, lO-foot wide concrete valley gutter,
and 10-inch dialneter pve storln water pipe.
ADDITIVE ALTERNATE "A":
These improvelllents include 6-inch curb and 24-inch gutter island 111edians with
18-inch thick topsoil to be constructed within the parking lot area. The topsoil is
provided for future landscape planting.
ADDITIVE MARKING ALTERNATE:
These ÏIllprovelnents include parking lot striping with reflective and non reflective
paint, traffic buttons and wheelstops.
1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO 817/267-3367 . FAX 817/354-4389
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Honorable Mayor and City Council
I 3-363, Community Center Parking Lot, Tabulation of Bids
I ADDITIVE IRRIGATION ALTERNATE:
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These iInprOVeI11ents iI1clude irrigating the island Inedians proposed in Additive
Alternate "A".
ADDITIVE LIGHTING ALTERNATE:
These iInprovements include replacing the existing wooden light poles with a new
lighting systeln.
Bids were received froln a total of seven (7) contractors. The following is a sUlnmary of the
aIllounts bid for the Base Bid and the Additive Alternates for the three lowest bidders. This
sUllllnary also includes the engineer's estinlate. Please note the value of the total aInount in
the engineer's estÏ1nate incl udes approxi I11atel y $15,485 for construction conti ngencies.
SUB-TOTAL BASE BID 256~455. 10 $268,786.18 $276,244.67 $259,432.00
SUB-TOTAL ADDITIVE 23,746.00 27,694.23 19,273.79 14,122.00
ALTERNATE A
SUB-TOTAL ADDITIVE 4,944.35 4,548.58 6, 183.99 11 ,065 .00
t\1ARKING ALTERNATE
SUB-TOTAL ADDITIVE 35,881.55 28,749.79 30,711.53 23,511.00
IRRIGATION ALTERNATE
SUB-TOTAL ADDITIVE 32,479.50 25,000.00 22,218.00 26,870.00
LIGHTING ALTERNATE
TOT AL AMOUNT $353,506.50 $354~ 778. 78 $354,631.98 $335,000.00
CALENDAR DAYS BID 150 120 120 120
A detailed bid tabulation showing the aInount bid for each pay iteIn in the Base Bid and
Additive Alternates is available for your review.
We understand that the low bidder, AlI-Tex Paving, has not previously constructed any
Public Works projects in the city of North Richland Hills; therefore, we have requested a list
of references, and a tinancial statelnent for your consideration. Enclosed are cOlnInents,
frolll three of the references we have contacted by telephone.
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Page 3
Honorable Mayor and City Council
3-363, COlll1llunity Center Parking Lot, Tabulation of Bids
In the absence of any negative reports concerning the low bidder, we would recomlllend
award of this project to, All Tex Paving, Inc., 2462 Walnut Ridge, Dallas, Texas 75229, in
the alnount of $256,455.10, if only the Base Bid is awarded, plus the alllounts listed above
for the various Additive Alternates, if selected, for a total contract cOlnpletion tiIne not to
exceed 150 calendar days.
You lnay also wish to consider award of this contract to the second low bidder, 1. L.
Bertraln in the alnount of $268,786.18, for the Base Bid, or $354,778.78 for the total project
for a period of 120 calendar days, (which is 30 days less than the 150 days bid by All-Tex
Paving).
We will be present at the November 25, 1991, Council Meeting to answer any questions you
Inay have concerning this project.
"G\As.~ ~. &~~~ ~~
SUSAN L. SCHWINGER, P.E.
SLS/l1d
xc: Mr. Rodger N. Line, City Manager
Mr. Dennis Horvath, Deputy City Manager
Mr. Greg Dickens, P.E., Director of Public Works/Utilities
Mr. 10hn Johnston, P.E., Assistant Director of Public Works
Mr. Lee Maness, Director of Finance
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NO T TO SCALE
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STAT[ HIGHWAY 820
UOBIL OIL
--------------
f ~~OPER TY
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CHURCH or
CHRIS T PROPER TY
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PROPOSED OVERLAY - 11,661 SOUARE YARDS
2" TYPE ·0" HMAC AND TACK COAT
_ PROPOSED AREA
BASE BID - PAVING
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UBRARY!
..UNIQPAl
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(BRICK)
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(BRtO<)
RICHLAND HILlS
CHURo. Of
CHRIST PROPERTY
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COMMUNITY CENTER PARKING lOT
IUPRO-ÆMEN TS
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BASE BID - PAVING
~
_ PROPOSED AREA
PROPOSED 4" TYPE "D· HMAC. TACK CO A T. PRIME CO A T. AND
6" CLASS "S" CRUSH STONE FLEXIBLE BASE - 7711 SQUARE YARDS
NORTH RICHLAND HIUS
TIIAS
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BASE BID - PAVING
. KNOWlTON- ENcusH-FlOWlltS, 1He.
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PROPOSED OVERLAY - 10,.3.30 sou ARE YARDS
2" TYPE "D" HMAC AND TACK COAT
ALTERNATE HAn - PAVING
STATE HIGHWAY 820
ISLAND
UEOIAN
(TYP)
UBRARY/
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COURT
(BRICK)
PROPOSED 4" TYPE "D" HMAC, TACK CO A T, PRIME CO A T. AND
6" CLASS "e" CRUSH STONE BASE 7509 SOU ARE YARDS
ALTERNATE HA"
P A VI N G
REC'
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(BRICK )
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RICHLAND HillS
CHURCH Of'
CHRIST PROPERTY
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CHURCH OF
CHRIST PROPERTY
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COMMUNITY CENTER PARKING lOT
IUPRO\ÆUEN TS
At TERNATE -A- - PAvtNG
NORTH RICHLAND HIUS
TDAS
. KHOWlTON-EHcuSH-FlOWBtS, 1He.
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CITY OF
NORTH RICHLAND HILLS
aPepartment: Public Works
~ Approve Rufe Snow Drive & Stardust Drive
Subject: Sj qna 1 Cost Part i al Reimbursement
~ Council Meeting Date: 11/25/91
Agenda Number: PAY 91-19
On January 9, 1989, the City Council approved a one-fourth reimbursement not to exceed
$13,750 for the subject project to Car Harbor, Inc. (PW 89-01). The reimbursement was
to be made at the time Stardust Drive is extended to Watauga Road or December 31, 1991,
whichever came first.
The developer, Car Harbor, Inc. has recently written reminding us of this one-fourth
reimbursement basing the amount expected on one-fourth of the actual cost ($61,116.09)
and not the estimated cost ($55,000) as PW 89-01 did. The difference between the
requested reimbursement of $15,279.03 and the amount previously approved of $13,750
is only $1,529.03. It is believed that payment of this additional amount is warranted,
based on improved traffic flow and safety conditions.
Funding Source:
The approved funding of the Rufe Snow/Stardust Drive Signalization was from 1987
General Obligation Bonds. There are sufficient funds remaining in that project to
reimburse Car Harbor, Inc. The proposed reimbursement should be expensed to
13-42-87-6000.
4IÞ Recommendation:
Staff recommends Council approve reimbursement of $15,279.03 to Car Harbor, Inc.
Source of Funds:
a Bonds (GO/Rev.)
~ Opera i g Budget
Oth
Finance Review
GO
. Finance Director
nt Head Signature
CITY COUNCIL ACTION ITEM
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THOMPSON REALTY CORPORATION
October 31, 1991
Mr. Gregory W. Dickens, PE
Director of Public Works/utilities
City of North Richland Hills
7301 Northeast Loop 820
Post Office Box 18609
North Richland Hills, Texas 76180
RE: CarHarbor Automotive Retail Center
North Richland Hills, Texas
Dear Mr. Dickens:
Though I am sure this letter is unnecessary, I thought that I would
remind you nonetheless about reimbursements due on December 31,
1991, to CarHarbor, Inc. from the cities of North Richland Hills
and Watauga for 25 percent each of the cost to install the traffic
signalization at Rufe Snow and Stardust Drives.
As you probably recall, in June of 1989, CarHarbor, Inc. sent a
check payable to the City of North Richland Hills in the amount of
$61,116.09 which represented payment in full of the construction
costs of the signal light installation. The amount of
reimbursement is as follows:
City of North Richland Hills
City of Watauga
$15,279.03
$15,279.03
Please send your check to the following:
Jaytex Properties, Inc.
c/o CarHarbor, Inc.
4809 Cole Avenue
suite 350, Lock Box 116
Dallas, Texas 75205
Thank you so much - not only for the reimbursements but also for
being so wonderful to work with during the installation of the
light.
4809 Cole Avenue Suite 350 LB 116 Dallas, Texas 75205
Telephone 214-528-6200 FAX 214-528-4340
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Mr. Dickens
October 31, 1991
Page Two
If you have any questions or if I can be of help to you, please let
me know.
Sincerely,
C\A~ ~
;¡¡c~eline Grote
JCG:pam
c:\jC1\dickens.jcg
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e- NORTH ~~~L~~D HILLS --
Publ ic Works . 1/9/89
Approve Cos t Pa rt 1 c 1 pa t 1 on 1 n 5 f YU<11 i £<1 L ; un or-- Council Meeting Date:
Rufe Snow Drive at Stardust Drive Agenda Number: PW 89-01
lapartment:
~. ubject:
The City staff has been offered 100% initial funding of the subject intersection
signalization by Car Harbor, Inc. The attached letter explains their desire to provide
a safe exit for their shopping center onto Rufe Snow by construction .Qf the subject
signals. The City's only obligation for funds would be to pay Car Harbor, Inc. 25% of
the total as-built costs for the subject signals no later than December 31, 1991 or when
Stardust Drive has been extended east of Rufe Snow Drive.
.... ,
The staff has taken traffic counts at the subject intersection and acquired a police
accident report. The intersection does meet State criteria which warrants signalization
of an intersection. The attached "Data Sheet" list the traffic count data and accident
report.
The estimated total engineering and construction cost for the subject project is $55,000
with the City's participation being $13,750.
Funding Source:
Because the funds must be paid to Car Harbor, Inc. based on elapsed time or extension of
the road, the liability must be recorded and funds should be appropriated this fiscal
year. The liability and the appropriation may be accomplished as follows:
tccounts Payable - Car Harbor, Inc.
3-00-00-0810 .
Appropriation
From:
13-90-99-4300
Unspecified 86 G.O. Streets
To:
l.J:11-86-6150
S1gnalization/Rufe Snow/Stardust
Recommendation:
The City staff recommends the signals at the subject intersection be designed and
constructed by Car Harbor, Inc. in accordance with City standards and the Council
authorize City participation not to exceed $13,750 to be paid to Car Harbor, Inc. upon
the completed extension of Stardust Drive to Watauga Road or December 31, 1991,
whichever comes first. The City of Watauga will consider this proposal at their January
9th City Council Meeting. The Watauga City Manager has recommended approval subject to
the City Council of North Richland Hills' approval. We are also recommending approval
subject to approval by the Watauga City Council.
Finance Review
ant Head Signature
CITY COUNCIL ACTION ITEM
. Finance Director
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C,l d-tHbor, I nc. -tH09 Cole A\'l'n
June 16, 1989
OR
... S 214 52H 6445
Mr. Gregory W. Dickens, P.E.
Director of Public Works/utilities
City of North Richland Hills
7301 Northeast Loop 820
P. O. Box 18609
North Richland Hills, Texas 76180
A Thompson Company
Re: CarHarbor
North Richland Hills, Texas
Dear Mr. Dickens:
I appreciate your sending us the package
concerning the traffic signalization of
Stardust Drives.
of information
Rufe Snow and
As we discussed yesterday, we shall forward our check in the
amount of $61, 116. 09 payable to the City of North Richland
Hills to you by July 1, 1989. I understand that we will be
reimbursed as follows:
The City of North Richland Hills will reimburse
CarHarbor $15, 279. 03 which represents 25% of the
cost of the signal light after Stardust Drive has
been extended or by December 31, 1991, whichever
occurs first.
The City of Watauga will reimburse CarHarbor
$15,279.03 which represents 25% of the cost of the
signal light by December 31, 1991.
I understand construction of the signal light will begin
immediately, and that the only delay anticipated is delivery
of the light poles which should be received 8 to 10 weeks
after the poles are ordered.
Thanks very much for your helpfulness.
Sincerely,
~q~e Center
Property Manager
JC/dfm
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CITY OF
NORTH RICHLAND HILLS
Department: Manac¡ement Services
Subject:
Final Payment Glenview Facility
~ Council Meeting Date:11/25/91
Agenda Number:PAY 91-20
On December 10, 1990 Council approved funding of $217,746 for the renovation
of the Glenview Facility (PU 90-54). The base renovation project was awarded
to Pirouz and Associates for $176,500 (GN 91-33). The project has been
completed and final payment has been requested. Funding and expenditures are
as shown.
Funding Source:
Original Funding-City Participation
Tarrant County Participation
Total Fu'nding
$167,746
50,000
$217,746
$ 11,000
176,500
Engineering
Original Contract (GN 91-33)
Change Order #1
(Stucco North Side of Building)
Landscaping
New Gas Pipe System
Signs, Best Lock System'
Removal of Waste Oil Tank
Total Expenditures
4,600
2,011
2,234
2,799
2,364
$201,508
$ 16,238
Funding Balance
Recommendation:
It is recommended that the Ci ty Council approve expendi tures and final
payment for the Glenview Facility Project.
Source of Funds:
Bonds (GO/Rev.)
Operating Budget
Other
Finance Review
Acct. Number
Sufficient Funds Available
~~
Department He d Signature
CITY COUNCIL ACTION ITEM
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I Department:
-'bject:
CITY OF
NORTH RICHLAND HILLS
Management Services
Final Payment Equipment Storage Building
Council Meeting Date: 11-25-91
Agenda Number: FA Y 91-21
On June 24, 1991 Council approved funding of $35,000 for engineering and
·1 construction of the Equipment Storage Building located at 7200A Dick Fisher
Drive (GN91-87). The construction project was awarded to Tom Stephens, Inc.
for $26,140 (PU91-26). To reduce the cost of the project, the electrical
I work was bid separately and awarded to Whites Electrical and Service Co.
The project has been completed and final payment has been requested.
Funding and expenditures are as shown.
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Funding Source:
Original Funding (GN91-87)
$35,000
Engineering
Construction Contract (PU91-26)
Change Order #1 (Add perimeter concrete beam)
Electrical
Total Expenditures
930
26 , 140
2,324
ªJJ2~~
33,249
Funding Balance
1,751
Recommendation:
I It is recommended that the City Council approve expenditures and final
payment for the Equipment Storage Building.
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Source of Funds:
I Bonds (GO/Rev.)
~peratíng B, ud /
1_ _ther
x
Finance Review
Acct. Number
SU~iCindS Available
- 7lJ. --_JJ
- ¡(;V~
City Manager
. Finance Director
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CITY COUNCIL ACTION ITEM
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CITY OF
NORTH RICHLAND HILLS
Department: ManaQ~ment Serv ices
Council Meeting Date: 11-25-91
Subject: l=;n~l P~ym~nt P~rk M~intenance Facility
Agenda Number: PAY 91-22
On May 5, 1991 Council approved funding of $30,000 for engineering and
construction of the Park Maintenance Facility located at 4000 Rita Beth
Street (GN91-77). The construction project was awarded to Tom Stephens,
Incorporated for $25,695 (PU91-27). The project has been completed and
final payment has been requested. Funding and expenditures are as shown.
Funding Source:
Original Funding (GN91-77)
$30,000
Engineering
Construction Contract (PU91-27)
Change Order #1 (Roof vents, extra
emergency exit door)
1 , 200
25,695
Burglar Alarm
Total Expenditures
2,047
'Zª~
29,731
Funding Balance
269
Recommendation:
It is recommended that the City Council approve expenditures and
final payment for the Park Maintenance Facility.
Source of Funds:
Bonds (GO/Rev.)
Operating Budge
Other
Finance Review
Acct. Number
SUffiCie~S~ble
. Finance Director
CITY COUNCIL ACTION ITEM
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EMBER
OAKS
COMMUNITY
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Mr. Rodger Line
City Manager
City of North Richland Hills
Dear Mr. Line;
On 11 November, 1991, the City Council approved Agenda
Item GN 91-151, Special Permit for Truck Show/Swap Meet. The
residents-homeowners-of the Ember Oaks subdivision registered
strong opposition and enunciated specific rationale for the
rejection of the ~roposal. The views were callously
disregarded both ln procedural format and judgement.
The homeowners of Ember Oaks have carefully assessed the
impact which will devolve from this activity and list the
following:
1. Mr. Heilscher's proposal lacked a detail plan for:
entrance and egress, traffic control, crowd control,
sale of alcoholic beverages, site parking for public
attendees, display and swap meet locations, set-back
distances from adjacent properties.
2. Mr. Heilscher pro-offered a benefit to the revenues
for the city obtained from sales taxes. This amount
is an unknown, but can hardly be in the same "ball-
park" figure of the amount collected from property
tax. An estimate of current revenue generated from
the adjacent communities are:
Ember Oaks------$120,OOO
Fair Oaks-------$175,OOO
3. This t¥pe of event, as well as others, have
historlcally attracted unsavory personalities when
open to the public. This poses a threat and hazard
to the adjacent properties.
4. This activity will have a major nuisance effect on
the adjacent communities and the quality of life-
style we as homeowners have chosen.
5. The effect that public consumptions of alcoholic
beverages will have on the adjacent communities.
6. Apprehension that this approval will set a precedent
for recurring activities- as the axiom so states:
"allow the nose of the camel under the tent".
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Based on the forestated, the residents request
appropriate time to address the Council and City staff at the
25 November 1991 meeting. Further, we request the presence
of Chief McGlasson to cover issues revelant to public safety.
Spokespersons from the communities will be selected to
address the meeting.
JiJ ~ -¡
Jeft \oappri~~
8028 Fireside
Martin Bennett
8024 Fireside
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- ~ [~vL- þ¿~,
~~uben Licon
8100 Autumn Run
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\ A''' I L/ íLð,(}IOi-
Joe Vedda
8108 Autumn Run
t~Ch~~
7909 Woodlawn
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//M/Uiw /(-ÌiJS
Shirley) K1rk
7924 Woodlawn
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~~¿:~) h c¡!,
?dh'r;" RongitsgJ'i" fJ "-
v~t901 Whisper1ng Woods
~e cGee
7900 Whispering Woods
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. '7,,:7 // "1'7
~~ 15 .. - (>y~
John Radransky ,
7917 Ember Oaks
David Bantham
7924 Ember Oaks
J:Y; ~
, . ~~Slik &ú~' ~~
7812 Emberi' aks
~g~
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( · .¿',þ~'.- c£../-J1
}~hm Schulien· ~.
7833 Ember Oaks
~ 7~¿P
Bernie Ma2??ít"'LU.-
7805 Cloverleaf Dr.
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Jerome Taylor / L- >\..
7801 Cloverleaf Dr.'
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