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HomeMy WebLinkAboutCC 1989-05-22 Agendas I I I I I I I I I I I I I I I I I * . CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA MAY 22, 1989 - 5:45 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. Reconsideration of PZ 89-2, Request of Leonard Hazel for Industrial Zoning on Flory Street - Councilwoman Spurlock (10 Minutes) 2. IR 89-36 Chimney Inspection for New Residential Construction - Councilman Metts (10 Minutes) 3. IR 89-37 Evaluation of Request for Proposals for Delinquent Tax Attorney (5 Minutes) 4. IR 89-38 Naming of Two Street/Thoroughfares (5 Minutes) 5. GN 89-62 ~Proposed Utility Revenue Bond -- Refunding Series 1989-B (Agenda Item No. 13) (10 Minutes) 6. GN 89-63 Community Development Block Grant - North Richland Hills Senior Citizens Center (Agenda Item No. 14) (10 Minutes) I I I I I I I I I I I I I I I I I I I \ Page 2 NUMBER ITEM ACTION TAKEN 7. GN 89-65 Improvement of Fossil and Singing Hills Creek Channels 1ron Horse Golf Course (Agenda Item No. 16) (10 Minutes) 8. GN 89-70 Request for Authorization to Proceed with the Sale of $265,000 in Contractural Obligations for Equipment at Iron Horse Golf Course (Agenda Item No. 21) (10 Minutes) 9. PW 89-21 Award of Bid on Beach Street Water Transmission Main Improvements (Agenda Item No. 23) (5 Minutes) 10. Items on Consent Agenda not on Pre-Council - (Item Nos. 10, 11, 12, 17, 18, 19, 20 & 22) (5 Minutes) 11. Possible Work Session/Mid-Year ßudget Policy Workshop .- (5 Minutes) 12. Other Items (5 Minutes) 13. *Executive Session (5 Minutes) a. Personnel b. Briefing on Pending Litigation c. Review of Progress on Land Acquisition I I I I I I I I I I I I I I I I I I I * . Page 3 NUMBER ITEM ACTION TAKEN 14. Adjournment - 7:20 p.m. *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. ... . j. .-¡.. I I I I I I I I I I I I I I I I I I I CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA MAY 22, 1989 For the 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 ACTION TAKEN 1. Call to Order 2. Roll Call 3. Invocation 4. Minutes of the Regular Meeting May 8, 1989 5. Removal of Item(s) from the Consent Agenda 6. Consent Agenda Item(s) indicated by Asterisk (10, 11, 12, 13,-14, 16, 17, 18, 19, 20, 21 22, & 23) 7. PZ 89-2 Reconsideration of the Request of Leonard Hazel for Industrial Zoning on Flory Street 8. PZ 89-8 PLANNING & ZONING - PUBLIC HEARING - J. ~ Request of the City of North Richland .- Hills to rezone a portion of Tract 2, W.A. Trimble Survey, Abstract 1520, & a portion of Tracts 2F & 2A1A, Telitna Survey, Abstract 19, from OC (Outdoor Commercial) and 1-2 (Industrial) to U (Institutional). (This is the City's . Golf Course property located on both sides of Northeast Loop 820, the southern portion being southwèst of Meadow Lakes Drive) I I I I I I I I I I I I I I I I I I I . . Page 2 NUMBER ITEM ACTION TAKEN 9. Ordinance No. 1608 *10. GN 89-59 · Comprehensive Environmental Health Ordinance - Ordinance No. 1607 *11. GN 89-60 Animal Control Ordinance - Ordinance No. 1609 *12. GN 89-61 Ordinance amending Ordinance No. 310 and Adopting the 1987 Edition of the Electric Code - Ordinance No. 1605 *13. GN 89-62 Proposed Utility Revenue Bond Refunding Series 1989-B *14. GN 89-63 Lommunity Development Block Grant - North Richland Hills Senior Citizens Center 15. GN 89-64 Request of Mr. Dale E. Jones, 7140 Hightower Drive to be Connected to City Sewer Service *16. GN 89-65 Improvement of Fossil and Singing Hills _5. ' Creek Channels - Iron Horse Golf Course *17. GN 89-66 Approval of Golf Course Earth Work· Contract Change Order No. 2 *18. GN 89-67 Approval of Golf Course Earth Work . Contract Change Order No. 3 I I I I I I I I I I I I I I I I I I I Page 3 NUMBER ITEM ACTION TAKEN *19. GN 89-68 Approval of Golf Course Earth Work Contract Change Order No. 4 *20. GN 89-69 Approval of Golf Course Earth Work Change Order No. 5 *21. GN 89-70 Request for Authorization to Proceed with the Sale of $265,000 in Contractual Obligations for Equipment at Iron Horse Golf Course *22. PU 89-15 Approval to Purchase a 0.198 Acre Tract out of the James Matthews Survey, A-I051, Haltom City, Texas *23. PW 89-21 Award of Bid on Beach Street Water Transmission Main Improvements 24. Citizens Presentation 25. Adjournment .~ I I I I I I I I I Ie I I' I I I I I Ie I . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 89-36 Date: May 18, 1989 Subject: Chimney Inspection for New Residential Construction The subject of improperly constructed chimneys was brought to the attention· of the City Staff during the October 4th, 1988 Builders and Developers Conference held in our Council Chambers. The City Council was informed of this matter on October 24, 1988 (see attached City Council action item). Although it is not specifically reflected in the minutes of the October 24th Pre-Council Meeting, it was the consensus of the City Council that a separate Inspection or a chimney certification would not be required on new homes. On February 20, 1989, during the City Council Goals and Objectives Workshop, the subject was again discussed and it was apparent that the City Council was unclear as to the direction the staff was taking on this subject. On February 28,1989 the attached Informal Report was sent to the City Council. Councilman Metts has asked that this subject be dfscussed at the Pre-Council Meeting Monday night. Respectfully submitted, 9wmw /~ Dennis Horvath Deputy City Manager DH/gp Attachment ~ j..... .~ ISSUED BY THE CITY MANAGER NORTH RICHLAND HillS, TEXAS I ~ '.' " CITY OF NORTH RICHLAND HILLS .. . '\ Communi ty Deve 1 opment ~ Council Meeting Date: 10/24/88 Amendment to HUlldlng COde (urdlnance l~bO) _ Ordinance No. 1575 Agenda Number:GN 88-101 Department: .~bject: The new Building Code Ordinance was approved by the City Council on August 22, 1988 with an effective date of November 1, 1988. As directed by the City Council a work session was held with the builders and developers for the purpose of reviewing the ordinance prior to its impleme~tation. Mayor Pro Tern Davis chaired this meeting and we feel it was very beneficial to all concerned. The one area of concern expressed by the builders was the City's requirement for contractors to have liability insurance. However, after researching the subject with the attorney for the. City and other cities we can find no real reason for this requirement. We are therefore recommending that this requirement be del~ted from the ordinance~ FOR INFORMATION ONLY: _ During the October 4th meeting it was brought to our attention that a potential safety hazard exists in residential chimneys being constructed within the City. It was recommended that the City inspect chimneys in all new residences. This can be handled administratively, per the Building Code, and no Council action is required. In the future the staff will require new home builders to have chimneys inspected by professional chimney sweeping contractors and proper inspection reports be filed with the Inspection Department before the final inspection can be éompleted. Recommendation: It is recommended that Ordinance No. 157p be approved. . ~ ' J. -~ Source of Funds: Bonds' (GO/Rev.) Opera' Budget e Othe Finance Review Acct. Number Sufficient Funds Available JM- ~ . Finance Director City Manager CITY COUNCIL ACTION ITEM P~oe 1 of 1 I Ie I I I I I I I I- I I I I I I I Ie I '" . .. - \ ORDINANCE NO. 1575 3E IT ORDAINED by the City of ~orth Richland Hills, Texas that Ordinance No. 1560 ( Builàing Ordinance), aãopted August 22, 1988 anà as heretofo~e amended, by deleting SECTION 6 Paragraph F INSURANCE. PASSED AND APPROVED THIS 24TH DAY OF OCTOBER, 1988. Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: ATTORNEY FOR THE CITY .... J. .-¡.. -- Ii.~"'- · . ,,,,'.'- I'" I:~,': ' I. I, ','t~ 1 <¡' ...... I"··· 1;:::1,: ,,:y::~ I,~ ~?:::.~ . . ." . :: .~~>~ ... ~ ~ 1 : I,' :,' '. I' . ..:' , t:}i/: I I I' I I Ie I I~FORMAL REPORT TO MAYOR AND CITY COUNCIL N 'IR 89-14 o. . t Date:,:'FEBRUARY ,2~" ",1989 . , . '" . ..~ubject: ¡ CHI:MNEY INSPECTIONS Honorable ,Mayor and C~ty Council, _~:l; . , , " I", ';1.';,:; . '~. . ... ~'. '. . .~. ".'. " 1_ '. ·'A· question Was brought , ~., : Workshop held February . ';.f ireplace inspections. \.\ ,.' . :", ,.. .-:: .. '~ :.,~.,~ \ ',' . . , .,.·.·~n 'August 22,' 1988 during the pre-council meeting, 'the .. :;"Council was reviewing the new Building Ordinance and ../.,(:1:he question about fireplace inspections was considered. . "·,::'~"",,After deliberation, the Council decided they did not, ,····~/:.want to pursue chimney inspections. I Following their' ¡:direction,'the Department of Community Development '~id not initiate the inspec~ion. . . ~nd~~ theBuildi~g COde,'there are only 'inspections. Every ~ity has their own required inspections in addition to those required under the Building' Code. : The .'.building coàe gives the Building O~ficial the authority 'to .~require any additional inspections that he/she might: feel are : ". necessary to insure safe quali ty construction.. . Our ~<~:.") . -. department currently performs a total of twelve (12) ,basic inspections on all new residential construction. The only inspection currently done on residential fireplaces is the .firebox. No .inspections are àone from the flue up. We have had inquiries from several citizens asking why we do not do chimney inspections. All of these citizens have been told by chimney sweep companies their chimneys are· not safe. .\ As far back as I can find the ci ty has never done 'chimney <' inspections. '.,\",' '" ,:;~ ".; .,. .. _;~. . . ~ ,Bob Williams, Chief Building Inspector, : researched the best way to gQ ~if Council 'would like us to start a chimney inspection program on new residences. The best two options "'we could find are listed below. - . - . . ~ t·"_ " , . ' . 'î. HaV6 our own inspectors ão these inspections. 2. Require the builder to have the chimney certifieà as safe by a licensed chimney sweep and submit documentation to this office before a final ~nspection is done. '.,' ' I . t .-," . . ' The ~irst option will entail several things. 1-. Train inspectors in proper construction of chimneys. 2. Adà two more inspections to each resiãence. ISSUED BY THE CITY MANAGER NORTH RICH LAND HILLS, TEXAS . . : ... À ~', ~ - \_ ~ .'. y . -':': .~~.<¡~~: ~:j·.>:;4'~:~~·:'::',; , <-, ~'. '.,," ·t .,.~ i., ;·;Ú:·Jl;~t=~~,ij·:. ;,~ .( :- .. lø I:'· ~~ -,\ ;: -~..~.~ ~:', .. .' ., .' , ,',. \ I"~··"·' . ... . ........ \. ~:":.~ ~~. 3. "Require bui Iders ; ·'::::·:"',>,~":':"scaf fling in :,',};,: ::>">~,;'.~inspect io~. :' ,~-:'·,»>"t.o climb 35 place Some feet of to have properly installed for the inspector to use of these will ~equire the scaff ling. safe \ for the inspector ~ , ,,~:~ t . , ,.:': ;'., .~ ~.:.:: :.. <t >~~~\~þ {" [;~'~'<~"'~: .~ '~~': ~...¡; ~:;-,." ;: ,;, . ~ !':' ., : We do not recommend 'f I" . ).. " . \ '. f' ~ 1 . ..,;:.~:<~:;':'\;{" .<>¡~.,,~}~';~~:){; :,:j:~.~ ~.' : second \ 'will , ,'·~t!~'~:~,i~:";\~~;,;,r,~.:~~[::.~·,f.:~,t~.;f~~~ff,~~~:'~de r to con t r ac t wit h · a '1 i c ens e d chi mneJ<i~:!~f'~~~rì~~lfi'j - . .' ~...) .,' ;vr~'~""i"~""'~~ í¡.ti~)-1~' ~. .. u '.:,' ':;-':', ·~~'''~~:~;J~1{~''}<~~~<'for the inspect ions required.. . :'.:, (an est ima ted cost of ,'jJ.{.';. '::;:~~,f·~~~~4~~1'~r!,:.. t - .., · '. -. \ \ ' I!' ,. , , , , , " ,..: ttJ:;?-~:~'(a4.t"'t'!'~~ÜI:' : ',./.,~'.'~',.,:,';,.;".,_'.,.(~\~,.,:'.,\~;:.~~.~,.\~.;,\'.~J'~"~I~'~';'~"~'.!~;;"~''' ;'~1".\~'~:~'.(~::, ~ ~.\~ !::,: !. . ~,: ,,\ :,)! 't :':;f1It;t~f~~~t~é~,~¡\ - -'. , ',' - "F ~,Y; . . . ',I ' ,': ~.:. '. ,:-:t~'~(~~\;Œ~~i1,~':ß~~~.t\ '::.:,'(\~;~~\y}~;~2., '~,;Builder must subm~t cèrt:ificate fróri1 the ch~mney '-";'.VIt':f,~,,:t¡f.'~";:::~~'I1Z.~ .... ~·~:·);i:~:.'¡'~~-:c;!;#:;;~~'}' sweep to this off ice before any final inspect ions ':::':'>t\\f~~i-r~~lt(ìf$¡~:;, , ,,', \?~~nm:~~~£;~~~)~¡;:~~ . .: r' '~.:r'~ c, ',\i ~ 'iJ\~q~\""':\~~i-: t-(''¿r ¡ :'~.~'~ <'I~"';:':' :'f~!~i~l~~:.7ir " .' '. .., 'j""'~ , ¡,; <wi .¡·'i,..x;....f;.r'fJ,"~ I, i '.' :- . ,~~ ,~ - J.; ~~~~~..y~!(~)rl~.::l::,r.+1 ~ . ."" )": '. Ž ;···/'.iJ :"~~~~,.,, ": l/ra \' " ','. . ~''" . :v..~l~·,\?t.~f}~~J ·':-··w , " '; .:." .' ~ :~{~~~~t;~1¥! . '\ . \, '. i...:t.i.'U~~~Ç"~1 ";>"~::'~'~s;'~'C'tfuì , ", " . ~;:~ : ,; . - \", ' , ~ :'. :' ¡~ ~ ~. . .. ; ~\. . :,1. , . "::~)-:'.; 0,:."'/:' this' I \. opt ion. ,,- , . .'. '~.,., ~ '. ~ '-. t. t..., I;·:'· )~ I;:~~':~·....:.~· . ".~. It ,:;~ I· ~;l~:· ~: .~~,~ .... . ó.;\p ~ I- I"':"'" , .. " :.r' ~ ...;~ I'" '.. :, {';0il]:;JIf;~j~:~j;i~,;iLM:: :-,' I ~ I ~~ I I I ',a .... .~.:;."."~'i';;; ,,"J.~' I ',, . . 1 - '!. , . . , '. 1 ~ ~" ; ,'. , .... " .' :' }~::~t' ;', 41 .i.: '.t' : -.,..- I' J .' ~. þ '. f . " . ~ '1"/0, , , : ';';:;.~ . " '.'.. , . .',f,:.:rir-;, . .. . .... , , . 0; .~':.. 1·-· CITY OF NORTH RICHLAND HILLS r~ . .' ,-' ... J.C:.r. .:.:.r:..~' ~,. ,:~ ~~],>~i:.. ;.~:i~~~~o;~ ., :.~~~~~""'!'" ..~ {~.~l.J~~ .;,...-...: ",.-_,~'" ; .. ,I L . . . . . .: .....~(. ·:·'~i'~~{~jitt;~:;,~æ.s;;;~1 <;,:rJ.,~1·) ~~ .~~_J:>~;~~Ii~J;(;¡jidi~~~ .~ -..·\.~i I I I- I I I I I I Ie I I I I I I I I- I . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 89-37 Date: May 22, 1989 Subject: Evaluation of Request for Pro};X)sals for Delinquent Tax Attorney In April 1989 an infornal re};X)rt was presented to City Council outlining the Ci ty I S procedures for collecting delinquent taxes. Also as a part of that re};X)rt, City Council was advised that the . City \VOuld be soliciting pro};X)sals · fran various finns which specialize in this work, including Mr. Wayne Rhone, who presently provides this service. The present delinquent tax collection program is not unsatisfactory, but has been in place for approximately 25 years without fO:rm3.l review and reapproval. The request for pro};X)sals·· were sent to nine attorney finns with six finns sulmitting bids. . .. Because of the importance of this program and the unavoidably subjective nature of the evaluation process when professional services are obtained, it is pro};X)sed that the process be formalized and directed by an ad hoc cœmi ttee of elected officials and staff. As a suggestion the staff pro};X)ses the following as an evaluation team: 1. Two Elected Officials 2 . Ci ty Attorney 3. Finance Director (Tax Assessor/Collector) 4 . Assistant Finance Director .. Following an initial··evaluation of the sulmitted pro};X)sals, the team would conduct an interview wi th each of the 6 candidates prior to making a recœmendation to the full Council. lly sulmitted, '7/J16 ...... ...... ~ Lee Maness Director of Finance IM/cs ... ' j. , ."L ISSUED BY THE CITY MANAGER NORTH RICH LAND HillS, TEXAS I , . Ie I I I I I I I Ie I I I I I I I Ie I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. I R 89-38 Date: May 18, 1989 Subject: Naming of Two Street/Thoroughfares The planned major thoroughfare across Northeast Tarrant County which is being pursued by Commissioner Bob Hampton and is intended to reach from I35 on the west to D/FW Airport on the east is presently under construction on that segment which is located in North Richland Hills. The segment between Davis Boulevard and Precinct Line Road is nearing completion and may be open for traffic within a few weeks, possibly before the City Council's next meeting date on June 12, 1989. It is important that street name signs are in place when the thoroughfare opens for traffic. In a recent discussion of this matter with Mayor Tommy Brown, he suggested that this important new thoroughfare be named "Hampton Boulevard" in recognition of Commissioner Bob Hampton's tireless efforts in bring about this much needed traffic artery. * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * Over the past several months there has been considerable discussion of immortalizing the countless service contributions to citizens of North Richland Hills made by deceased Mayor Pro Tern Dick Fisher by naming a street after him. Mayor Brown has suggested that the staff be directed to contact. the few business owners with Edison Drive addresses toward the end of renaming Edison Drive between IH820 and Grapevine Highway "Dick risher Avenue". Council guidance is requested. Respectfully s ¡efL Rodger ,N. Line City Manager RNL/ gp , .- ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS I Ie I I I I I I I Ie, I I· I I I I I Ie I '.. . MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST lOOP 820 - MAY 8, 1989 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order May 8, 1989, at 7:30 p.m. Present: Tommy Brown Richard Davis Lyle E. Welch Mack Garvin Frank Metts, Jr. Virginia Moody Byron Sibbet Linda Spurlock Staff: Rodger N. Line C.A. Sanford ~eanette Rewis Rex McEntire Greg Dickens Absent: Dennis Horvath 2. ROLL CALL Mayor Mayor Pro Tem Councilman Councilman Councilman Councilwoman Councilman Councilwoman City Manager Assistant City Manager City Secretary Attorney City Engineer Deputy City Manager ~3 . - INVOCATION Councilman ,Metts gave the invocation. J .J<-' .~ 4. MINUTES OF THE REGULAR MEETING APRIL 24, 1989 APPROVED Mayor Pro Tern Davis moved, seconded by Councilman Garvin, to approve the minutes of the April 24, 1989 meeting. Motion carried 7-0. 5. GN 89-50 CANVASSING MUNICIPAL ELECTION - RESOLUTION NO. 89-27 APPROVED Councilwoman Moody moved, seconded by Councilman Sibbet, to approve Resolution No. 89-27. I Ie I I I I I I I Ie I I' I I I I I Ie I ... f . May 8, 1989 Page 2 Motion carried 7-0. 6. GN 89-51 OATH OF OFFICE Mr. McEntire administered the following oath to Charles Scoma, Lyle Welch, Richard Davis, and Linda Spurlock: "I, , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of City Councilman/Councilwoman of the City of North Richland Hills, State of Texas, and will, to the best of my ability, preserve, protect and defend the Constitution and laws of the United States and of this State; and I furthermore solemnly swear (or affirm) that I have not directly paid, offered, or promised to pay, contributed nor promised to contribute any money, or valuable thing, or promised any public office or employment asa reward for the giving or withholding a vote at the election at which I was elected. So help me God.1I 7. GN 89-52 CALLING RUN-OFF ELECTION - RESOLUTION NO. 89-28 (IF NECESSARY) No action needed. 8. SPECIAL PRESENTATION TO COUNCILWOMAN VIRGINIA MOODY Mr. Line presented Virginia Moody with a pen and pencil desk set. Councilman Scoma thanked all who worked for him. Councilman Welch stated he was .proud of having worked with Ms. Moody and personally hated to see her leave the Council. Mayor Pro rem Davis expressed appreciation to Virginia Moody and thanked the citizens,. for re-electing him. Councilwom~~Spurlock wished Ms. Moody the best and thanked those who worked for her re-election. 9. GN 89-53 ELECTION OF MAYOR PRO TEM Councilman Garvin moved, seconded by Councilwoman Spurlock, to elect Richard Davis as Mayor Pro Tern. Motion carried 7-0. 10. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA I Ie I I I I I I I Ie, I I I I I I I Ie I . ~. . May 8, 1989 Page 3 None 11. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (18, 20, 21, 22, 23, 24, 25, 26, 27 & 28) APPROVED Councilman Garvin moved, seconded by Councilwoman Spurlock, to approve the Consent Agenda. Motion carried 7-0. 12. PZ 89-2 REQUEST OF LEONARD HAZEL TO REZONE TRACTS 4PIB, 4P3, 4M, lA5, 4R, 4Rl, A.G. WALKER SURVEY, ABSTRACT 1630, LOT 2, BLOCK 1, HENRY ADDITION, AND THE SOUTH 1/2 OF LOT 11, BLOCK 1, JACK M. ESTES SUBDIVISION, FROM THEIR PRESENT CLASSIFICATION OF C-2 (COMMERCIAL) TO A PROPOSED CLASSIFICATION OF 1-2 (INDUSTRIAL). (LOCATED ON FLORY STREET, SOUTH OF GLENVIEW DRIVE) Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of the request to please come forward. Delbert Stembridge, Engineer, representing Mr. Hazel, appe~red before the Council. Mr. Stembridgé stated the property was in a transition area. Mr. Stembridge stated he felt I-2 zoning was the highest and best use of the property. Councilwoman Spurlock asked if the lots met the requirements for 1-2 zoning. Mr. Stembridge stated Lot 11, Block 1 consisted of 1.886 acres. Mr. McEntire stated the Council could waive the requirement of two acres. Councilman Scoma asked what the status was of the property that was for sale. . >- ' .~ Mr. Stembridge stated the property was for sale subject to the zoning. Councilman Scoma stated his concern was that Council was considering rezoning this property for multi purposes and part of the property was to be sold and part was to be used for existing businesses. Councilman Scoma stated he questioned the intent on pulling all of this together as a single zoning request. Mr. ,Stembridge stated whether it was a one or two acre tract, he thought the two acre requirement, even though it was in the Zoning Ordinance, needed to be looked at by the Council because there were instances where a tract needed to be rezoned and it might only be one acre. Mr. Stembridge I I_ I I I I I I I I_ I I I I I I I Ie I ".. . May 8, 1989 Page 4 stated the adjacent property owners were requesting that the zoning be changed also. Councilman Scoma asked if the house at the end of that tract was part of this request. Mr. Stembridge stated it was not included. Mayor Brown called for anyone wJshing to speak in opposition to this request to please come forward. There being no one else wishing to speak Mayor Brown closed the Public Hearing. 13. ORDINANCE NO. 1601 DENIED Councilman Garvin moved, seconded by Councilwoman Spurlock, to deny Ordinance No. 1601. Motion carried 6-1; Mayor Pro Tern Davis, Councilwoman Spurlock, Councilmen Welch, Garvin, Scoma, and Sibbet voting for and Councilman Metts voting against. 14. PZ 89-6 REQUEST OF AMERICITY CORPORATION TO REZONE PORTIONS OF TRACTS lAl AND lA7, THOMAS SPROUSE SURVEY, ABSTRACT 1399, FROM THEIR PRESENT CLASSIFICATION OF AG (AGRICULTURE) TO A PROPOSED CLASSIFICATION OF C-1 (COMMERCIAL). (LOCATED SOUTH OF BURSEY ROAD, EAST OF RUFE SNOW DRIVE AND WEST OF WESTERN OAKS ADDITION) Mayor Brown opened the Public Hearing ônd called for anyone wishing to speak in favor of this request. to please come forward. Mr. Steven ,Sloan, representing Americity Corporation, appeared before the Council. Mr. Sloan stated the original request was denied and he was instructed to meet with -thê' neighbors and come up with a compromise. Mr. Sloan stated they had reached an agreement that was suitable to everyone. Mr. Sloan stated he was then advised that the City was not interested in R-8 zoning. Mr. Sloan stated they divided the R-B into C-l and R-3. Mr. Sloan stated the case before the Council was to zone the unzoned land north of Rolling Ridge to C-l and south of Rolling Ridge to R-3. Mr. Sloan requested the Council approve the recommendation of the Planning and Zoning Commission to zone the tract C-l and override the recommendation of the Planning and Zoning Commission for the other tract and approve R-3 zoning. Councilman Garvin asked Mr. Sloan if it was not correct that when he was before the Council previously and was denied the R-B zoning, "did you not meet with me and some of the other Council Members after the meetingll. I Ie I I I I I I I Ie I I I I I I I Ie I . . May 8, 1989 Page 5 Mr. Sloan stated that he met at the request of certain Council Members. Councilman Garvin stated he made that request and that the Council had been accused of having a secret meeting. Councilman Garvin stated it was not intended to be that, but the purpose was to resolve Mr. Sloan's situation. Mr. Sloan asked for rebuttal time. Mayor Brown called for anyone wishing to speak in opposition to this request to please come forward. Mr. Garrett Miller, 6821 Old Mill Road, appeared before the Council. Mr. Miller stated he was in favor of the R-3 but was opposed to the C-l. Mr. Miller stated the concern was that it would create a dangerous traffic situation. Mr. Miller stated the zoning did not stipulate what could be built on commercial. Mr. Miller stated he would like for a strip next to the proposed C-l to be zoned R-3 so that the houses would back up to commercial rather than face it. Councilwoman Spurlock asked Mr. Miller if he would rather for the houses to back up to C-l instead of face it. Mr. Miller replied yes. Councilwoman ~purlock asked Mr. Miller if he would prefer that office buildings be built on this strip; that it be a planned development area where Council would have more control. Mr. Miller stated he was not aware that the Council was empowered to control Planned Development but that would be a consideration. Councilman Scoma stated it was very li'kely that Crosstimbers and Rolling Ridge would be an entry as well as n exit point from the commercial businesses. Councilman Scoma asked Mr. Miller if he felt the neighborhood would be satisfied if those streets did not exit to either Bursey or Rufe Snow and remained residential streets. Mr. Miller stated they would be satisfied with anything that would minimize the~traffic control. Councilman Garvin asked the possibility of stubbing out Rolling Ridge. Mr. Sanford stated he did not want to comment until the situation was studied. Councilman Garvin asked Mr. Miller if he would like for the last street in the proposed subdivision to be R-3 on both sides. Mr. Miller replied yes. Mr. Gilbert Caldwell, 6813 Old Mill Road, appeared before the Council. I Ie I I I I I I I Ie I I I I I I I Ie I "'.' . May 8, 1989 Page 6' Mr. Caldwell stated a compromise had been worked out previously and they were satisfied with it. Mr. Caldwell stated one of the possibilities he would like to see was commercial zoning, having R-3 on the north side of Rolling Ridge and possibly not extend Crosstimbers to Bursey. Mr. Caldwell stated he was against the C-l zoning. Mr. Caldwell stated he would like the R-3 on the south side of Rolling Ridge to be-extended 115 feet north of Rolling Ridge so the houses would back up-to the commercial instead of facing it. Mr. Steven Sloan reappeared before the Council. Mr. Sloan stated he felt that he had compromised and would like to point out that the strip in question was in excess of 500 feet from the residential property lines. Mr. Sloan stated he felt he had established an adequate buffer. Mr. Sloan stated he would be willing to grant the requested buffer but was not willing to concede that there would be a negative effect on the R-3 use by the adjacent C-l. Councilman Scoma asked Mr. Sloan for his reaction to eliminating future plans for Rolling Ridge and Crosstimbers from traversing the C-1 property. Mr. Sloan stated it would be a negative impact on his property and much contested and a negative influence on the residential homeowners. Mr. Sloan stated he did not believe it would be appropriate for Crosstimbers. Councilman Scoma asked Mr. Sloan if he would have a positive or negative response to a .request on behalf of the City to perhaps use the strip north of Rolling Ridge as a park facility. Mr. Sloan stated he would nòt be interested in donating the. land to be used for that purpose. Councilwoman Spurlock asked Mr. Sloan if he would consider doing Planned Development zoning on the strip north of Rolling Ridge. Mr. Sloan stated he would consider planned development on the north side if it was also extended on the south side. There being no one else wishing to speak, Mayor Brown closed the Public Hearing. . ¡".- 15. ORDINANCE NO. 1602 APPROVED Councilwoman Spurlock moved, seconded by Councilman Metts, to approve Ordinance No. 1602 with the stipulation to reserve the southern 150 feet of the tract on the north side of Rolling Ridge for Planned Development. Motion carried 6-1; Councilwoman Spurlock, Councilmen Metts, Garvin, Welch, Sibbet', and Scoma voting for and Mayor Pro Tern Davis voting against. I Ie I I I I I I I Ie I I I I I I I Ie I May 8, 1989 Page 7 16. PZ 89-7 REQUEST OF AMERICITY CORPORATION FOR AN APPEAL HEARING ON A PORTION OF TRACT 1A7, THOMAS SPROUSE SURVEY, ABSTRACT 1399, FROM ITS PRESENT CLASSIFICATION OF AG (AGRICULTURE) TO A PROPOSED CLASSIFICATION OF R-3 (SINGLE -FAMILY). (LDCATED SOUTH OF BURSEY ROAD, EAST OF RUFE SNOW DRIVE AND WEST OF WESTERN OAKS ADDITION) Public Hearing heard in conjunction with PZ 89-6. 17. ORDINANCE NO. 1603 DENIED WITHOUT PREJUDICE Councilwoman Spurlock stated she wished to make a motion to reserve the strip for Planned Development. Mayor Pro Tem Davis advised to make the motion for denial without pr~judice. Councilwoman Spurlock moved, seconded by Councilman Metts, to deny Ordinance No. 1603 without prejudice. Motion carried 6-1; Councilwoman Spurlock, Councilmen Welch, Garvin, Metts, Scoma ~nd Sibbet voting for, and Mayor Pro Tem Davis voting against. Councilman Garvin asked that a feasibility study be done on the possibility of' stubbing out'Rolling Ridge. RECESS Mayor Brown called a recess. BACK TO ORDER Mayor Brown called the meeting back to order with the following Council Members present: Mayor Brown, Mayor Pro Tern Davis, Councilwoman Spurlock, and Counci~m~n Welch, Garvin, Metts, Scoma and Sibbet. . - ~ *18. PS 88-29 REQUEST OF DR. JOHN F. AVANZINI FOR FINAL PLAT OF LOTS 1R AND 2 THRU 5, BLOCK 1, EDEN ADDITION. (LOCATED AT THE NORTHEAST CORNER OF . EDEN ROAD AND EVERGLADE DRIVE) APPROVED I Ie I I I I I I I Ie I I I I I I I Ie I May 8, 1989 Page 8 19. GN 89-54 PUBLIC HEARING FOR THE REVISION OF THE CITY OF NORTH RICHLAND HILLS THOROUGHFARE PLAN BY EXTENDING INDUSTRIAL PARK BLVD. IN AN EASTERLY AND SOUTHERLY DIRECTION FROM ITS PRESENT SOUTH LIMITS TO HOLIDAY LANE ORDINANCE NO. 1604 DENIED Mr. Sanford presented a briefing on the proposals for the extension of Industrial Boulevard. Mr. Sanford presented three possible alignments. Mayor Brown opened the Public Hearing and called for those wishing to speak in favor to please come forward. Mr. Jim Petty, with Tecnol, spoke in favor of the extension. There being no one else wishing to speak in favor, Mayor Brown called for those wishing to speak in opposition. The following citizens appeared in opposition to the extension. They were in opposition because of increased traffic, noise, and safety factors. Holly Johnson, 5704 Bermuda Jack Howell, 7113 Bermuda William Rhue, 5732 Bermuda John Gibbs, 5728 Bermuda, Lee Fries, 5716 Acapulco Bill Estill, 5708 Bermuda Jane Taylor, 7113 Barbados Diana Orvis, 7132 Barbados Dan West, 5705 Bermuda Lou Estill, 5708 Bermuda' Nelson Stoppiello, 7400 Jade Circle Mark Lauristen, 5721 Acapulco , Charles Jackson, 5720 Acapulco Karlene Roux, 5700 Bermuda Mayor Brow~ ~losed the Public Hearing. . .¡,. Councilman Garvin moved, seconded by Mayor Pro Tern Davis, to deny Ordinance No. 1604. Motion carried 7-0. Mayor Pro Tern Davis stated that Holiday Lane was in bad condition. Mayor Pro Tem Davis stated that when the voters passed the 40 million dollar bond" issue in 1985, the City had a committee that looked at a wish list of over 130 or 140 million dollars of street improvements and Holiday Lane was one of them. Mayor Pro Tem Davis stated that the City held public hearings on it, but no one wanted the street widened. Mayor Pro Tern Davis stated he hoped that when another bond issue came up, that the same people that realize Holiday lane needs to be widened and improved would vote for I Ie I I I I I I I Ie, I I' I I I I I Ie I May 8, 1989 Page 9 the bond issue. Mayor Pro Tem Davis stated some good points had been made and needed to be taken care of. Mayor Pro Tem Davis stated that Holiday Lane was going to have to be improved soon. Councilman Welch asked the citizens to get out and vote if a bond issue was held. Councilman Sibbet stated that Holiday Lane was going to have to be improved. Councilman Sibbet stated he knew how much traffic Holiday lane carried. Councilman Sibbet stated the citizens needed to get out and vote, make suggestions and support the bond issue. Councilman Scoma stated he lived on Cardfnal and had been addressing the Watauga Road issue for a number of years. Councilman Scoma stated he was aware of the sentiments of a major thoroughfare coming within the proximity of homes. Councilman Scoma stated they had to recognize that thoroughfares were a major part of the City development. Councilman Scoma stated there were four major thoroughfares on the Master Plan running north and south, those being Rufe Snow, Holiday Lane, Davis Blvd., and Precinct Line Road. Councilman Scoma stated something must be done with Holiday Lane. Councilman Scoma stated he could sympathize with their problems and concerns for their neighborhood. Councilman Scoma asked that the citizens continue to participate in public hearings relating to thoroughfare plans when they were held. *20. GN 89-55 CONSIDERATION FOR HOLD HARMLESS AGREEMENT · FOR 4TH OF JULY FIREWORKS APPROVED *21. GN 89-56 DESIGN APPROVAL FOR IRON HORSE CLUB HOUSE APPROVED . *22. GN 89-57 PROPOSED WRITE-OFF: DELINQUENT PERSONAL PROPERTY TAX ACCOUNTS APPROVED *23. GN 8g~58 RESOLUTION SUPPORTING FUNDING OF V-22 OSPREY AIRCRAFT - RESOLUTION NO. 89-29 APPROVED *24. . PU 89-13 AUTHORIZATION FOR REPLACEMENT OF AIR-CONDITIONING UNIT AT THE RECREATION CENTER APPROVED *25. PU 89-14 AUTHORIZATION FOR REPLACEMENT OF A PORTION OF CITY HALL ROOFING APPROVED I I_ I I I I I I I I_ I I- I I I I I Ie I May 8, 1989 Page 10 *26. PW 89-18 APPROVE BUDGET FOR RUFE SNOW DRIVE AND GLENVIEW DRIVE INTERSECTION IMPROVEMENTS APPROVED *27. PW 89-19 APPROVE BUDGET FOR RUFE SNOW ELEVATED TANK REPAINT AND REPAIR APPROVED *28. PW 89-20 ABANDONMENT OF STREET RIGHT-OF-WAY - ORDINANCE NO. 1606 APPROVED 29. CITIZENS PRESENTATION MR. RICHARD C. GIBSON CHARTER MEDICAL CORPORATION RE: MENTAL HEALTH ISSUES Not present. Mr. Billy Gri~fin, 4801 Susan Lee Lane, appeared before the Council. Mr. Griffin stated he had been without electricity since Thursday night. Mr. Griffin stated he felt there should be some recourse. Mayor Brown stated the City would check into it. Ms. Jan Pennock, 7108 Briardale, appeared before the Council. Ms. Pennock stated she would like to thank the Council for approving the sidewalks on Rufe Snow and Smithfield. Ms. Pennock asked when they were going to be constructed. Mr. Dickeni replied that construction on the sidewalks should begin within two or three weeks. Mr. Howard Nix, Foster Village Elementary, appeared before. the Council. Mr. Nix stated he would like to thank the Council for making Little Ranch Road one-way and for the improvements on Hightower. Mr. Nix asked if a small culvert could be put in on the north side of Hightower so the water would not go ~ver the sidewalk. Mr. line asked if he could possibly negotiate with the school district for the City to put in the culvert and for the school to put in the sidewalk on Hightower in front of the school. I Ie I I I I I I I Ie I I I I I I I Ie I May 8, 1989 Page 11 Mr. Nix stated he would be glad to pursue it. Ms. Myrtis Byrd, Hialeah Circle., appeared before the Council. Ms. Byrd stated she would like to express her appreciation to the Fire and Police Departments for saving the life of her great-granddaughter. 30. ADJOURNMENT Mayor Pro Tem Davis moved, seconded by Councilwoman Spurlock, to adjourn the meeting. Motion carried 7-0. Mayor ATTEST: City Secretarx _&. I Ie I I I I I I I ( ". ~ . ( MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS APRIL 27, 1989 -'7:30 P. M. CALL TO ORDER ROLL CALL CONSIDERATION OF THE MINUTES OF APRIL 13, 1989 Ie I I I I I I I Ie I 1. PS 88-29 APPROVED 2. PZ 89-8 The meeting was called to order by the Chairman, John Schwinger at 7:30 P. . PRESENT: Chairman Vice Chairman Secretary Members Alt. Dir. Serve Di . Econ. Dev.!Plan. & Z Coordinator Joh M Wood avid Barfield Don Bowen Ron Lueck James Brock David Greene Pat Marin George Tucker Bob Miller , Wanda Calvert Mr. Barfield made the motion to approve the minutes as written. Mr. Lueck seconded the motion and the motion carried 5-0 with Bowen and Greene abstaining since they were not present at the meeting. Request of Dr. John F. Avanzini for final plat of Lots 1R and 2 thru 5, Block 1, Eden Addition. Mr. Wood made the motion to approve PS 88-29 subject to the Engineer's comments. This motion was seconded by Mr. Brock and the motion carried 7-0. Request of the City of North Richland Hills to rezone a portion of Tract 2, W.A. Trimble Survey, Abstract 1520, & a portion of Tracts 2F & 2AIA, Telitha Survey, Abstract 19, from their present classifications of OC Outdoor Commercial and 1-2 I~dustrial to a proposed classification of U Institutional. This is the city's Golf Course property located on both sides of Northeast Loop 820, the southern portion being southwest of Meadow Lakes Drive. I ".' . Ie I I I I I I I Ie I I I I I I I Ie I Page 2 p & Z Minutes April 27, 1989 PZ 89-8 APPROVED ADJOURNMENT ( ( Chairman Schwinger opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. George Tucker, Director of Management Services for the City, came forward. He said this zoning request is necessary to bring the City's property in compliance with the other property the City owns. Chairman Schwinger called for those wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. Mr. Bowen made the motion to approve PZ 89-8. This motion was seconded by Mr. Brock and the motion carried 7-0. The meeting adjourned at 7:36 P.M. Chairman Planning & Zoning Commission Secretary Planning & Zoning Commission I Ie I I I I I I I Ie I I I I I I I Ie I f1.' . ( ( KNOWL TON-ENGLISH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas April 11, 1989 Planning and Zoning Commission City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 RE: 3-002, CITY OF NORTH RICHLAND HILLS ZONING CASE PZ 89-08 REVIEY LETTER, ZONING FROM 'OC & 1-2' TO U REF. UTILITY SYSTEM GRID SHEET NO. 128 Ye have received the referenced zoning case for our review and find that we could adequately locate this property on the Zoning Map as required for updating should this case be passed by both the Planning & Zoning Commission and the City Council. -S\1.SÞr~ ,1.... <S:.ch ~ ì~p SUSAN L. SCHYINGER, G.C.E SLS/ss Enclosures cc: Mr. Dennis Horvath, Senior Assistant City Manager Mr. C.A. Sanford, Economic Development Director Mr. Greg Dickens, P.E., Director of Public Yorks Mr. George Tucker, Director of Planning Zoning Review PZ 89-08 Page 1 1901 CENTRAL DR.. SUITE 550 · BEDFORD. TEXAS 76021 . 817/283-6211 . METRO/267-3367 I" Ie I I I I I I I Ie I I I I I I I I~ , I A~€A t{O, AI At A3 A+ ¡; ~ TtJ7A¿.? N~¡'¡ 1141.1ôM Z/, Z, e· ~3.1 ~,(" I. 7 55.? ~q.~ 16 þ % 41.' fø t(,./ 40D/o IltJ 1-. f oAð rt'~ AI£A..C M NIZ-f/ " " A K EA B IIAlíOh1 C./TY AKEA" A # · NR..rl A.fEA -A'" ÑI2.Ij AKEA' 'It AI'" . H Al1ðlt1 Ç,I ry  f'AðpO SED .ð4ASTER PLAh' '. NORTH RICHLAND HILLS GOLF COURSE ... ......,aIHI HUla . ,.... AA'!tLaW¡ÃïN Ñfl.H ~'u..... ~ . ..... .. -.... N o . RICHARD M. PHELPS. L TO. 1...- . c...... . ... - - --. - - .... ------ - .... -...------- .... _.~- I Ie I I I I I I I Ie I I I I I I I Ie I ORDINANCE NO. 1608 AN ORDINANCE REZONING PROPERTY IN ACCORDANCE WITH SECTION XXVIII, AMENDMENTS, OF ZONING ORDINANCE #1080 OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, PASSED, APPROVED, AND ADOPTED BY THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, JANUARY 9, 1984 AFTER APPROPRIATE NOTICE AND PUBLIC HEARING THE FOLLOWING RECOMMENDATION IS SUBMITTED TO THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS BY THE PLANNING AND ZONING COMMISSION: RESOLVED that on Case No. PZ-89-8 the following described property shall be rezoned from OC & 1-2 to U. AREA A2 BEING a tract of land out of the S. Sawer Survey, Abstract 1425, and the W.A. Trimble Survey, Abstract 1520, in the City of North Richland Hills, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the southwest right-of-way line of Meadow Lakes Drive (80' R.O.W.), and the northwest R.O.W. line of Skylark Circle (50'R.O.W.), said point also being in the south line of a 75' wide R.O.W. conveyed to TU-Electric (fòrmerly Texas Electric Service CQmpany), by deed as recorded in Volume 2868, Page 449, of the Deed Records of Tarrant County, Texas; THENCE South 51 degrees 17 minutes 02- seconds West, along said northwest R.O.W. line of Skylark Circle~ a distance of 134.99 feet to the beginning of a tangent curve to the right whose center bears North 38 degrees 42 minutes 5~ seconds West a radial distance of 150.00 feet; THENCE along said curve to the right through a central angle of 14 degrees 20 minutes 08 seconds a distance of 37.53 feet to a point; - þ -. THENCE South 65 degrees 37 minutes 10 seconds West, a distance of 84.84 feet to the beginning of a tangent curve to the left whose center bears South 24 degrees 22 minutes 50 seconds East a radial distance of 250.00 feet; THENCE along said curve to the left through a central angle of 14 degrees 20 minutes 08 seconds an arc distance of 62.55 feet; THENCE South 51 degrees 17 minutes 02 seconds West, a distance of 64.45 feet to the beginning of a tangent curve to the left whose center bears South 38 degrees 42 minutes 58 seconds East a radial distance of 110.00 feet; I Ie I I I I I I I Ie I I I I I I I Ie I Page 2 THENCE along said curve to the left through a central angle of 95 degrees 36 minutes 28 seconds an arc distance of 183.55 feet to a point; THENCE South 44 degrees 19 minutes 26 seconds East, a distance of 169.61 feet to a point, said point being in the southwest R.O.W. line of said Skylark Circle, said point also being the northwest corner of Lot 1, Block 13 of the Meadow Lakes Addition, Phase V, as recorded by plat in Cabinet A, Slide 32, of. ,the Plat Records of Tarrant County, Texas; THENCE South 45 degrees 40 minutes 34 seconds West along the northwest line of said Meadow Lakes Addition, Phase V, a distance of 105.00 feet to a point; THENCE South 50 degrees 41 minutes 16 seconds West, a distance of 422.10 feet to a point; THENCE South 62 degrees 14 minutes 40 seconds West, a distance of 180.00 feet to a point; THENCE South 18 degrees 35 minutes 53 seconds East, along the west line of said Meadow Lakes Addition, a distance of 96.17 feet to a point; THENCE South 57 degrees 24 minutes 46 seconds East along the southwest line of said Meadow Lakes Addition, a distance of 259.02 feet to a point; THENCE North 75 degrees 31 minutes 14 seconds East, along'the south line of said Meadow Lakes Addition, a distance of 104.83 feet to a point; THENCE South 89 degrees 37 minutes 56 seconds East, a distance of 361.53 feet to a point; THENCE South 69 degrees 47 minutes 15 seconds East, a distance qf 161.81 feet to a point; THENCE North 73 degrees 06 minutes 46 seconds East, a distance of 186.27 feet to a point; THENCE North 85 degrees 36 minutes 38 seconds East, a distance of 231.88 feet to a ppint; THENCE So~n 85 degrees 13 minutes 49 seconds East, a distance of 229.78 feet to a point in the west line of Lot 4, Block 11, and being the southeast corner of Lot 5, Block 11, of the Meadow Lakes Addition, Phase IV, as recorded by plat in Cabinet A, Slide 29,.of the Plat Records of Tarrant County, Texas; THENCE South 04 degrees 46 minutes 11 seconds West, along said west line of Lot 4, Block 11, a distance of 63.64 feet to a point, said point being the southwest corner of said lot; THENCE South' 88 degrees 22 minutes 08 seconds West, a distance of 210.12 feet to a point; I I_ I I I I I I I I_ I I I I I I I Ie I Page 3 THENCE North 85 degrees 00 minutes 38 seconds West, a distance of 60.25 feet to a point; THENCE South 76 degrees 33 minutes 17 seconds West, a distance of 24.02 feet to a point; THENCE South 47 degrees 47 minutes 43 seconds West, a distance of 27.28 feet to a po~nt; THENCE South 15 degrees 26 minutes 56 seconds West, a distance of 29.36 feet to a point; THENCE South 04 degrees 52 minutes 33 seconds East, a distance of 83.93 feet to a point; THENCE South 40 degrees 49 minutes 49 seconds East, a distance of 81.40 feet to a point; THENCE South 44 degrees 08 minutes 51 seconds East, a distance of 50.11 feet to a point; THENCE South 00 degrees 43 minutes 40 seconds West, a distance of 55.65 feet to a point, said point being the northwest corner of Lot 45, Block 4, and the northeast corner of Lot 46, Block 4, of the Fossil Creek Trails Addition, Section I, as recorded in plat Volume 388-87, P~ge 46 & 47, of the Plat Records of Tarrant County, Texas; THENCE South -89 degrees 16 minutes 21 seconds West, along said north line of the Fossil Creek Trails Addition, Section I, a distance of 536.40 feet to the beginning of a tangent curve to the right whose cen~er bears North 00 degrees 43 minutes 39 seconds West a radial distance of 343.34 feet; THENCE along said curve to the right through a central angle of 27 degrees 50 minutes 19 seconds an arc distance- of 166.82 feet to a point; said point being the northwest corner of.Lot 53, Block 4, of said Fossil Creek Trails Addition, Section I; THENCE South 27 degrees 06 minutes 42 seconds West along the west line of said Lot 53~ Block 4, a distance of 130.00 feet to a point in the north R.O.W. line of Riviera Drive (60' R.O.W.), said point being the southwest corner o~~sáid Lot 53, Block 4, said point also being the beginning of a non-tangent curve to the left whose center bears South 87 degrees 06 minutes 44.4 seconds West a radial distance of 60.00 feet; THENCE along said R.O.W. line and curve to the left through a central angle of 246 degrees 39 minutes 50.8 seconds an arc distance of 258.31 feet to a point in the south R.O.W. line of said Riviera Drive, said point also being the most westerly northwest corner of Lot 3R, B1ock.II, of said Fossil Creek Trails Addition, Section I; THENCE South 27 degrees 06 minutes 42 seconds West along the west line of said Lot 3R, Block 11, a distance of 211.00 feet to the southwest corner of said Lot 3R; I Ie I I I I I I I Ie I I I I I I I Ie I Page 4 THENCE South 89 degrees 16 minutes 21 seconds West, a distance of 26.48 feet to a point in said southwest city limit line of North Richland Hills and the northeast city limit line of Haltom City; THENCE North 44 degrees 27 minutes 32 seconds West along said city limit line, a distance of 189.85 feet to a point; THENCE North. 44 degrees 28 minutes 05.5 seconds West, a distance of 1,579.95 feet to a point in the south line of said TU-Electric Company 75' wide R.O.W. easement; THENCE North 71 degrees 58 minutes 05.5 seconds East along said south line TU-Electric R.O.W., a distance of 1,786.32 feet to the point of beginning; The tract of land herein described contains 1,442,754.41 square feet or 32.6619 acres of land, more or less. AREA A3 BEING a tract of land out of the W.A. Trimble Survey, Abstract 1520, in the C~ty of North Richland Hills, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of Lot 3R, Block 10, and in the west line of Lot 17, Block 10, of the Meadow Lakes Addition (first filing), as recorded in plat Volume 388-123, Page 27 & 28, of the Plat Records of Tarrant County, Texas; THENCE South 32 degrees 47 minutes 23 seconds East, a distance of 77.63 feet to a point in the west line of Lot 18, Block 10 of th~ said Meadow Lakes Addition, and the north corner of Lot 20, Block 10, of the Meadow Lakes Addition, Phase III, as recorded by plat in Cabinet A, Slide 30, of the Plat Records of Tarrant County, Texas, said point also being the beginning of a non-tangent curve to the left whose center bears South 36 degrees 11 minutes 40 seconds .East a radial distance of 245.00 feet; THENCE along the west line of said Block 10 and curve to the left through a central angle of 42 degrees 53 minutes 25.9 seconds an arc distance of 183.40 feet. to a point; THENCE Sotltn 10 degrees 54 minutes 53 seconds West, a distance of 107.65 feet to the southwest corner of Lot 22, and the north corner of Lot 23, of said Block 10; THENCE South 56 degrees 17 minutes 00 seconds West, a distance of 59.99 feet to the northwest re-entrant corner of Lot 2~, of said Block 10, for a point; THENCE'North 85 degrees 13 minutes 49 seconds West, along the southern most north line of Block 10, a distance of 701.09 feet to a point; said point being the northwest re-èntrant corner of Lot 33, Block 10, of the Meadow Lakes Addition, Phase IV, as recorded by plat in Cabinet A, Slide 29, of the Plat Records of Tarrant County, Texas;. I Page 5 Ie I I THENCE North 44 degrees 19 minutes 26 seconds West, a distance of 803.05 feet to the beginning of a non-tangent curve to the right whose center bears South 38 degrees 42 minutes 57.9 seconds East a radial distance of 200.00 feet, said point being in the southeast R.O.W. line of Skylark Circle (50'R.O.W.), said point also being the north corner of Lot 43, Block 10 of the Meadow Lakes Addition, Phase V, as recorded by Plat in Cabinet 4, Slide 32, of. the Plat Records of Tarrant County, Texas; I I THENCE along said southeast R.O.W. line and curve to the right through a central angle of 14 degrees 20 minutes 07.9 seconds an arc distance of 50.04 feet to a point; I THENCE North 65 degrees 37 minutes 10 seconds East, a distance of 84.84 feet to the beginning of a tangent curve to the left whose center bears North 24 degrees 22 minutes 50 seconds West a radial distance of 200.00 feet; I Ie THENCE along said curve to the left through a central angle of 14 degrees 20 minutes 08 seconds an arc distance of 50.04 feet to a point, said point be~ng the west corner of Lot 16R, Block 10, of said Meadow Lakes Addition (first filing); I THENCE South 38 degrees 42 minutes 58 seconds East along the northern most south line of said Block 10, a distance of 126.35 feet to, the beginning of a tangent curve to the left whose center bears North 51 degrees 17 minutes 02 seconds Ea~t a radial distance of 433.85 feet; I THENCE along said curve to the left through a central angle of 24 degrees 10 minutes 38' seconds an arc distance of 183.07 feet to a point; I THENCE South 62 degrees 53 minutes 36 seconds East, a distance of 25.42 feet to a point; I THENCE South 62 degrees 47 mi~utes 23 seconds East, a distance of 129.74 feet to the beginning of a tangent curve to the left whose center bears North 27 degrees 12 minutes 37 seconds East a radial distance of 1,162.27 feet; I I THENCE al~n~ said curve to the left through a central angle of 43 degrees 49 minute~ 10.9 seconds an arc distance of 888.90 feet to the point of beginning; The tract of land herein described contains 373,042.94 square feet or 8.5639 acres of land, more or less. I I Ie I AREA A4 BEING a tract of land out of the S. Sawer Survey, Abstract 1425, in the City of North Richland Hills, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: I Page 6 Ie I I BEGINNING in the south line of a 100' wide R.O.W. conveyed to the St. Louis & Southwestern Railroad Company by deed as recorded in Volume 61, Page 384, of the Deed Records of Tarrant County, Texas, said point also being a corner in the city limit line of North Richland Hills and are-entrant corner in the city limit line of Haltom City; I THENCE North 72 degrees 41 minutes 11 seconds East along said south railroad R.O~W. line and city limit line, a distance of 297.85 feet to the beginning of a tangent curve to the left whose center bears North 17 degrees 18 minutes 49 seconds West a radial distance of 1,702.85 feet to a point; I I THENCE along said curve to the left through a central angle of 26 degrees 09 minutes 07.6 seconds an arc distance of 777.30 feet to a point, said point being the most northerly southwest corner of Block 7 as recorded in plat Volume 388-183, Page 95, of the Plat Records of Tarrant County, Texas; I THENCE South 00 degrees 39 minutes 24 seconds West along the west line of said Lot 7, a distance of 215.38 feet to a point in the north line of a 75' wide R.O.W. conveyed to the TU-Electric Company (formerly Texas Electric S~rvice Company), by deed as recorded in Volume 2868, Page 449, of the Deed Records of Tarrant County, Texas; I Ie THENCE South 7t degrees 58 minutes 07 seconds West along said north TU-Electric R.O.W. line, a distance of 960.29 feet to a P9int in said city. limit line; I THENCE North 44 degrees 24 minutes 06 seconds West along said city limit line, a distance of 47.81 feet to the point of beginning; The tract of land herein described contains 73,465.99 square feet or 1.6865 acres of land, more or less. I I AREA C . BEING a tract of land out of the T. Akers Survey, Abstract 19, in the City of North_Richland Hills, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: I I BEGINNING in the north R.O.W. line of Interstate Highway No. 820 (350' R.O.W.) artd the west line of said survey, said point also being in the common city limit line of North Richland Hills and Haltom City, said point also being the south corner of Lot 22, Block 7R, and the east corner of Lot 23, Block 7R, of the Parkview Hills Addition as. recorded in plat Volume 388-107, Page 19, of the Plat Records of Tarrant County, ~exas; I THENCE North 00 degrees 34 minutes 05 seconds West along said west survey line and the east line of said Parkview Hills Addition, a distance of 787~76 feet to a point, said point being the southwest corner of a tract of land conveyed to Ronald D. Campbell by deed as recorded in Volume 7998, Page 526, of the Deed Records of Tarrant County, Texas; I Ie I I Page 7 Ie I THENCE North 89 degrees 27 minutes 08 seconds East, along the south line of said Campbell tract, a distance of 153.77 feet to a point; I THENCE North 00 degrees 32 minutes 52 seconds West, a distance of 155.00 feet to a point; THENCE North 31 degrees 02 minutes 23 seconds East, a distance of 328.97 feet to a point; I THENCE North 06 degrees 40 minutes 50 seconds West, a distance of 102.21 feet to a point; I THENCE North 16 degrees 28 minutes 06 seconds East, a distance of 398.63 feet to a point; I THENCE North 21 degrees 00 minutes 50 seconds West, a distance of 78.91 feet to a point; I THENCE North 26 degrees 37 minutes 10 seconds East, a distance of 98.42 feet to a point; I Ie THENCE North 12 degrees 18 minutes 45 seconds East, a distance of 119.94 feet to a point; THENCE North 61 degrees 29 minutes 22 seconds West, a distance of 60.70 feet to a point; I THENCE North 43 degrees 41 minutes 46 seconds West, a distance of 56.01 feet to a poi~t; I THENCE North 19 degrees 00 minutes 06 seconds West, a distance of 79.05 feet to a point; THENCE North 04 degrees 01 minutes 45' seconds West, a distance of 53.84 feet to a point; I THENCE South 32 degrees 57 minutes 54 seconds East, a distance of 119.30 feet to a point; I I THENCE So~t~ 27 degrees 53 minutes 55 seconds East, a distance of 62.75 feet to a-)Joint; THENCE South 84 degrees 42 minutes 05 seconds East, a distance of 97.12 feet to a point; I I Ie I THENCE North 61 degrees 49 minutes 46 seconds East, a distance of 224.98 feet to a point; THENCE South 89 degrees 25 minutes 40 seconds East, a distance of 227.16 feet to a point; THENCE South 72 degrees 25 minutes 12 seconds East, a distance of 55.22 feet to a point; I Page 8 I_ I THENCE North 33 degrees 37 minutes 04 seconds East, a distance of 454.27 feet to a point; I THENCE North 04 degrees 05 minutes 27 seconds West, a distance of 167.33 feet to a point; THENCE North 02 degrees 11 minutes 44 seconds West, a distance of 133.88 feet to a point; I THENCE NOrth 15 degrees 29 minutes 40 seconds West, a distance of 46.54 feet to a point; I THENCE North 31 degrees 01 minutes 20 seconds West, a distance of 92.13 feet to a point; I THENCE North 50 degrees 05 minutes 26 seconds West, a distance of 22.06 feet to a point in the south R.O.W. line of Browning Boulevard (60' R.O.W.); I THENCE North 89 degrees 27 minutes 00 seconds East along said south R.O.W. l~ne, a distance of 531.94 feet to a point; I 1_ THENCE South 31 degrees 50 minutes 27 seconds East, a distance of 49.24 feet to a point; THENCE South 64 degrees 36 minutes 04 seconds West, a distance of 56.06 feet to a poip.t; I THENCE South 01 degrees 40 minutes 56 seconds East, a distance of 131.09 feet to a point; I I THENCE South 10 degrees 07 minutes 33 seconds East, a distance of 261.98 feet to a point; THENCE South 79 degrees 26 mi~utes 45 seconds East, a distance of 59.35 feet to a point; I THENCE North 61 degrees 40 minutes 42 seconds East, a distance of 126.89 feet to a point; THENCE No~h 28 degrees 58 minutes 24 seconds East, a distance of 32.85 feet to a point; I I I I_ I THENCE North 44 degrees 45 minutes 33 seconds West, a distance of 41.39 feet to a point; THENCE North 76 degrees 51 minutes 27 seconds East, a distance of 50.80 feet to a point; THENCE South, 05 degrees 39 minutes 48 seconds East, a distance of 41.22 feet to a point; THENCE South 25 degrees 33 minutes 06 seconds West, a distance of 44.40 feet to a point; I I_ I I I I I I I 1_ I I I II ~I 'I 'Ie I Page 9 THENCE South 47 degrees 25 minutes 54 seconds West, a distance of 175.25 feet to a point; THENCE South 03 degrees 58 minutes 17 seconds West, a distance of 72.98 feet to a point; THENCE North 77 degrees 37 minutes 37 seconds West, a distance of 56.71 feet to a po~nt; THENCE South 13 degrees 16 minutes 18 seconds West, a distance of 89.67 feet to a point; THENCE South 40 degrees 57 minutes 15 seconds East, a distance of 68.20 feet to a point; THENCE South 89 degrees 31 minutes 03 seconds East, a distance of 74.37 feet to a point; THENCE South 29 degrees 01 minutes 57 seconds East, a distance of 31.26 feet to a point; THENCE South 76 degrees 43 minutes 07 seconds West, a distance of 44.26 feet to a point; THENCE South 44 degrees 19 minutes 24 seconds West, a distance of 101.43 feet to a point; THENCE South 64 degrees 18 minutes 26 seconds East, a distance of 79.51 feet to a point; THENCE South 64 degrees 40 minutes 34 seconds West, a distance of 80.18 feet to a point; THENCE South 52 degrees 55 minutes 00- seconds West, a distance of 95.38 feet to a point; THENCE South 72 degrees 18 minutes 07 seconds West, a distance of 40.88 feet to a point; THENCE South 42 degrees 43 minutes 09 seconds West, a distance of 121.41 feet to a· "o~int; THENCE South 54 degrees 39 minutes 27 seconds West, a distance of 126.67 feet to a point; THENCE South 58 degrees 18 minutes 43 seconds West, a distance of 181.53 feet to a point; THENCE South 78 degrees 31 minutes 45 seconds West, a distance of 68.55 feet to a point; THENCE South 35 degrees 34 minutes 45.2 seconds West, a distance of 225.00 feet to a point; I Ie I I I I I I I Ie I I I I I I I Ie I Page 10 THENCE South 07 degrees 57 minutes 20 seconds West, a distance of 452.73 feet to a point; THENCE South 27 degrees 51 minutes 00 seconds East, a distance of 158.44 feet to a point; THENCE South 28 degrees 00 minutes 09 seconds East, a distance of South 28 degrees 00 minutes 09 seconds East, to a point in the south line of said Campbell tract; THENCE North 89 degrees 27 minutes 08 seconds East along said south line of the Campbell tract, a distance of 160.46 feet to a point in the west line of a 100' wide R.O.W. conveyed to the St. Louis & Southwestern Railroad Company by deed as recorded in Volume 56, Page 526, of the Deed Records of Tarrant County, Texas; THENCE South 30 degrees 55 minutes 22.1 seconds West along said west railroad R.O.W. line, a distance of 861.87 feet to a point in the north R.O.W. line of said Interstate Highway No. 820 (350' R.O.W.); THENCE South 88 degrees 05 minutes 42.7 seconds West along said north R.O.W. line, a distance of 214.69 feet to the beginning of a tangent curve to the left whose center bears South 00 degrees 56 minutes 03 seconds East a radial distance of 3,993.22 feet; THENCE along said curve to the left through a central angle of 05 degrees 35 minutes 00. seconds an arc distance of 389.13 feet to a point; THENCE South ~3 degrees 28 minutes 57 seconds West, a distance of 250.12 feet to the point of beginning; The tract of land herein described contains 2,434,522.90 square feet or 55.8890 acres of land, more or less. This is the City's Golf Cours~ property located on both sides of Northeast Loop 820, the southern portion being southwest of Meadow Lakes Drive. APPROVED BY· THE PLANNING AND ZONING COMMISSION THIS 27th DAY OF APRIL, 1989. .;(.0. ~-:-~~~ßQ--=J SECRETARY PLANNING AND ZONING COMMISSION I Ie I I I I I I I Ie I I I I I I I Ie I Page 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS ACTING IN REGULAR SESSION THAT THE ABOVE DESCRIBED PROPERTY IN CASE NO. PZ-89-8 IS HEREBY REZONED THIS DAY OF MAYOR CITY OF NORTH RICHLAND HILLS ATTEST: JEANETTE REWiS, CITY SECRETARY CITY OF NORTH RICHLAND HILLS APPROVED AS TO FORM AND LEGALITY: ATTORNEY -~ ..' ..<~ '. '.,. <'.. '.. ': . .'< ".' ,<' I CITY OF NORTH RICH LA NO HILLS I Economic Development/Planning Department: I .ubject: 5/22/89 Council Meeting Date: Request of the City of North Richland Hills PZ 89-8 Agenda Number: I I I I I I to rezone a portion of Tract 2, W.A. Trimble Survey, Abstract 1520, & a portion of Tracts 2F & 2A1A, Telitha Survey, Abstract 19, from their present classifications of OC Outdoor Commercial and 1-2 Industrial to U Institutional Ordinance No. 1608 This is the City's Iron Horse Golf Course property located on both sides of Northeast Loop 820. The Planning and Zoning Commission held a public hearing at their April 27, 1989 meeting. There were no opponents to the proposed zoning change. This zoning change is presented for 'City Council consideration in order to bring "Iron Horse" under the same zoning category as other municipal properties. RECOMMENDATION: lI4IÞlt is recommended that the City Council hold the required Public Hearing and consider the recommendation of the Planning and Zoning Commission. I I I I I I I Source of Funds: Bonds (GO/Rev.) _ Operating Budget 1_ Other ~\-~ J j... .~ Finance Review Acct. Number Sufficient Funds Available Department Head Signature CITY COUNCIL ACTION ITEM f21/0~ City Manager t Finance Director I Paae 1 of 1-2 1194 R-7-MF ~ -<.'l C-2 .450 C-2 C-2 C-2 "'4 ".... r~ 8'--06 Oc. 4 -r 6 fo ~ r- . < , I CITY OF NORTH RICH LA NO HILLS The article on Public and Semi-public pools allows for a fee to be charged for the semi-annual inspection of swimming pools. At present these pools are inspected at no cost to the establishment. Due to the time involved in inspecting these pools, as well as the exceptionally high number of complaints that we receive in regard to public and semi-public pools, the fee is appropriate for this service. It should be noted that l~rivatelY owned pools are not included in the fee requirements but will still be ~inspected on complaint. r\ .c ~ . .. ~/ · < . øw' .~ I "D~partment: ttsubject: I I I , I I I EnviroAmeAtal Services 5/22/8~ Council Meeting Date: Comprehensive Environmental Health Ordinance No. 1607 GN 89-59 Agenda Number: This ordinance will replace the current Food Service Ordinance No. 1489, and the current Waste Haulers Ordinance No. 1497, with a new and more comprehensive ordinance which incorporates both present ordinances, as well as regulations for child care facilities, installation of grease traps and public and semi-public swimming pools. Ordinance No. 1607 is exactly the same as the current ordinance except for Articles 3, 5 and 6 which are explained below. The new ordinance adopts the State guidelines on Child Care Facilities as well as insuring that these facilities are maintained in a clean and safe manner that insures the health and safety of the children which are cared for in the facility. This article is derived from Child Care Ordinances in the Cities of Arlington, Grand Prairie, Fort Worth and the Texas Department of Health and Human Services. The inspection fee mentioned in this article is unchanged from the current Food Service Ordinance. A copy of this article was sent to each of the Day Care Facilities in the City and of the ones who contacted me, most were favorable with a few minor changes which are reflected in the attached ordinance. I I' RECOMMENDATION: It is recommended that the City Council approve Ordinance No. 1607. I I I I I Source of Funds: Bonds (GO/Rev.) _ Operating Budget _ I~Ot~ ~ _ ~~~~~ -"< Department HeÍ6 Signature CITY COUNCIL ACTION ITEM The article on grease traps is designed to regulate the installation and operation of grease traps and provides penalti~s for noncompliance. This article will serve to protect the City from increased BOD, TSS, and grease and oil levels, thereby preventing an increase in surcharge fees assessed to the City. .. , j. .-¡.. Finance Review Acct. Number Sufficient Funds Available ~ r<~~· CI Y Manager ,Finance Director :1 Page 1 of 1 I I~ e I I I I I I I Ie I I I I I I I Ie I ORDINANCE NO. 1607 Be it ordained by the City Council of North Richland Hills, Texas that: ARTICLE 1 PREAMBLE WHEREAS, THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HAS DETERMINED THAT THE REGULATION OF ENVIRONMENTAL HEALTH SERVICES IS NECESSARY FOR HEALTH, SAFETY AND WELFARE OF THE INHABITANTS OF THE CITY. IT IS, THEREFORE, ORDAINED THAT AN ORDINANCE REGULATING FOOD SERVICE ESTABLISHMENTS, CHILD CARE FACILITIES, PUBLIC AND SEMI-PUBLIC SWIMMING POOLS, GREASE RECEPTACLES AND WASTE HAULERS, AND PROVIDING A PENALTY FOR VIOLATIONS OF ANY PROVISION OF THIS ORDINANCE BE ADOPTED. I I' e I I I I I I I Ie I I I I I I I Ie I Section 2.01 ARTICLE II REGULATION OF FOOD SERVICE ESTABLISHMENTS STATE SANITATION REGULATIONS ADOPTED FOR FOOD SERVICE ESTABLISHMENTS The State of Texas Department of Health, Division of Food and Drugs, "Rules on Food Service Sanitation," (T.A.C. 229.161 - 229.171) as adopted by the State Board of Health, effective November 30, 1977, and as amended thereafter are hereby referenced and adopted as part of this ordinance. Section 2.02 STATE SANITATION REGULATIONS ADOPTED FOR RETAIL FOOD STORES The State of Texas Department of Health, Division of Food and Drugs, "Rules on Retail Food Store Sanitation," (T.A.C. 229.231 - 229.239), as adopted by the State Board of Health, effective August 17, 1985, and as amended thereafter are hereby referenced and adopted as part of this Ordinance, provided: A. That the words "regulatory authority" in said rules shall be understood to mean the City of North Richland Hills Environmental Services Department; and B. That the words "Retail Food Stores" in the definition of Food Service Establishment shall be understood to be deleted; and C. That the sentence "the term does not include a food service establishment, retail food store or commissary operation." shall be understood to be deleted from the definition of Food Processing Establishment; and D. That the definition - "Retail Food Store" meaning "any establish- ment where food and food products are offered for sale to the ultimate consumer and intended for off premises consumption. Retail Food Store shall not include establishments which handle only prepackaged, snack type, non-potentially hazardous foods," be added to Rule .002 as definition (2); and E. That paragraph CD) of Rule .011, examination and condemnation of food shall be understood to be deleted; and F. That the term "Food Service Establishment" of said ordinance shall, in addition, include Retail Food Store, Food Processing Establishment and Commissary; whether they be mobile or operate from a fixed location. Section 2.03 DEFINITIONS ~~en used in this ordinance, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows: I I \ ' e I A. Adopted by References: all definitions included in the regulations adopted in Section 1.01 and 1.02. B. City Environmental Health Officer: Officer of the Environmental Services of the City of North Richland Hills or his/her designee. I C. Council: the City Council of the City of North Richland Hills, Texas. I D. Employee: any person working in a food service establishment including individuals having supervisory or management duties. I E. Fee Schedule: applicable fee set by the City Council of North Richland Hills. I F. Food: any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use either in whole or in part, for human consumption. I Ie I G. Food Establishment: any place which offers, produces, or stores food for consumption in single or larger portions or quantities, including, but not limited to, food service establishments, retail food stores, food processing establishments, commissaries, ware- houses and mobile food itinerants whether such operations be mobile or operate from a fixed location; and whether there is a charge of a direct and/or indirect nature or said food is given away without a charge. The term does not include the following operations and/or establishments, provided that the operations of the former does not expose the public to a substantial and imminent health hazard as determined by the City Environmental Health Officer or his/her authorized representative: I I 1. private homes where food is prepared, serviced or stored for individual family consumption; I 2. religious organizations that serve their own membership and immediate guests and other structured groups of persons who gather occasionally for fellowship and society that proved the food from amongst their membership; I I 3. temporary food establishments which operate at a fixed loca- tion for a period of time not to exceed forty-eight (48) hours in conjunction with a single event or celebration provided that such temporary food establishments are both owned and operated by non-profit organizations based within the City;- I 4. concession stands which operate at a fixed location in con- junction with schedule, community-based sporting or recreational events, provided: I Ie a. such establishments are both owned and operated by non- profit organizations based within the City; I b. the preparation and serving of potentially hazardous food shall be restricted to only those pre-cooked, potentially hazardous food products requiring limited preparation such as heating, seasoning and serving; I I \ ' e I c. this restriction does not apply to any prepackaged. potentially hazardous food product that has been properly prepared and packaged in accordance with all Texas Department of Health and local requirements and is properly stored, handled and served in the unopened, original package from said concession stands. I I 5. establishments which handle only fresh, unprocessed fruits, nuts and vegetables whether such establishments operate from a fixed location or are mobile in nature. I H. Health Department: Environmental Services Department of the City of North Richland Hills, Texas. I I. Mobile Food Itinerant: any place of a mobile nature which offers food for consumption in single or larger portions or quantities, including, but not limited to, fruit or vegetable stands and including food sales from vehicles and any other mobile facility. All rules applying to mobile food units, as defined herein, shall apply to this classification. I I J. Mobile Food Unit: a vehicle-mounted food service establishment or a food service establishment pulled behind a vehicle to be readily moveable. Ie I K. Potentially Hazardous Food: any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shell- fish, edible crustacean or other ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxico- genic microorganisms. I L. Regulatory Authority: the Environmental Services Department of the City of North Richland Hills, Texas. I M. Reinspection: inspection to determine compliance prior to closure or suspension of permit due to imminent health hazard or gross non-compliance with applicable health regulations. I N. Rules and Regulations: "Rules on Food Service Sanitation" of the Texas Department of Health, Division of Food and Drugs. A copy of those rules are attached hereto and made a part hereof. Such Rules and Regulations are adopted and shall be in full force and effect within the city limits of North Richland Hills, Texas. I I o. Seasonal Food Service: an establishment which operates for no more than four (4) consecutive months (one hundred and twenty [120] days) in a twelve (12) month calendar year, and is restricted to non-potentially hazardous food. I Ie P. Temporary Food Service: an establishment which operates for no more than fourteen (14) consecutive days. I I I ' ' e I I I I I I I Ie' I I I I I II I Ie I Section 2.04 COMPLIANCE REQUIRED Section 2.05 It shall be unlawful for any person or firm to operate any food estab- lishment as defined in Section 2.03 above within the corporate limits of the City of North Richland Hills, Texas, unless such operation is done in conformance with the requirements of this ordinance. AUTHORITY TO ISSUE PERMIT The City Environmental Health Officer or his/her authorized represen- tative is hereby authorized to issue a permit to any person or firm making application for a food establishment permit in the City of North Richland Hills provided that the person or firm that complies with the requirements of this ordinance shall be entitled to receive and retain such permit. Section 2.06 PERMIT REQUIRED Section 2.07 It shall be unlawful for any person or firm to operate a food estab- lishment without a permit. APPLICATION FOR PE~~IT A. Application for such a permit as required in this Article shall be made in writing to the City Environmental Health Officer or his/ her authorized representative upon forms prescribed and furnished by the City of North Richland Hills. B. Plans and specifications review are required as follows: 1. prior to construction, change of ownership, remodeling or conversion of an existing structure to be used as a food establishment, a complete set of plans and specifications shall be submitted to the building official for review under the building code and administratively coordinated and made available to the Fire Marshal and the Environmental Health Officer or his/her authorized representative for review under the provisions of the fire code and this article and no construction of a food establishment shall take place nor will a building permit be issued prior to the approval of the submitted plans and specifications by the specified City officials. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construc- tion materials or work areas and the type and make of proposed fixed equipment and facilities. Construction according to the specifications which have, therefore, been submitted and approved by the City Environmental Health Officer or his/her authorized representative must be commenced within six (6) months of the said approval date and completed within twelve (12) months of commencement or the plans must be resubmitted for plan review and being subject to current City require- ments. I I ' ' e I 2. projects which, at the time of approval, are of such size or which are planning to use equipment that cannot be delivered and installed within this eighteen (18) months may apply to the City Environmental Health Officer for a waiver of this review at the time of original submission, but not thereafter. I 3. whenever plans and specifications are required to be submitted to the City, the City shall inspect the food establishment prior to its beginning operations to determine compliance with the approved plans and specifications and with the require- ments of the ordinance. I I Section 2.08 ISSUANCE OF PERMIT; TRANSFERABILITY; TERMS; PENALTIES; CATEGORIES I A. The City Environmental Health Officer or his/her authorized representative shall issue a permit if he/she determines that: I 1. the technical review of plans and specifications are in compliance with applicable laws and this ordinance and; I 2. the fee in Article 7 and all other applicable fees have been paid and; 3. by means of physical inspection, the food establishment is determined to be in compliance with this ordinance. Ie' B. Every permit issued under the provisions of this Article shall be non-transferable. A food establishment shall permit the operation of the establishment only at the location for which granted. I C. Any permit granted under the provisions of this Article shall remain in full force and effect for the term allowed according to permit category and type as defined in this section unless sooner suspended and/or revoked for cause, and shall be displayed in a conspicuous place for inspection by the City Environmental Health Officer or his/her authorized representative. I I D. Any food establishment that fails to renew any permit issued under the provisions of this Article by the expiration date of said permit and continues to operate without a valid permit shall be assessed twenty-five ($25.00) dollars for each day of operation of that establishment, plus any other penalties provided in this Article. Such assessments and/or penalties shall be paid along with the required permit fees before a valid permit will be reissued. I I I E. Permit Categories are authorized as proved herein: 1 . Food Service Establishment 2. Food Store 3. Food Service within a Food Store I Ie I I I ' ' e I I I I I I I Ie' I I I I I I I Ie I 4. Mobile Food Itinerant 5. Mobile Food Unit F. Permit Types for each former category are authorized as provided herein: 1. Annual Permit: twelve (12) months term length 2. Seasonal Permit: four (4) consecutive months, not to exceed one hundred and twenty (120) days in length 3. Temporary Permit: up to fourteen (14) consecutive days in length G. Certificate cate.gories: 1 . Food Service Manager 2. Food Service Handler Section 2.09 PERMIT DURATION AND RENEWAL A. Annual permits shall be renewable on October first (1st) of e~ch calendar year. B. Other applicable permits shall be renewable as specified in Section 2.08 of this Article. Section 2.10 ENFORCEMENT AUTHORITY, INSPECTIONS, REPORT OF INSPECTIONS A. The City Environmental Health Officer or his/her authorized representative is authorized to enter upon any private property and to enter any establishment subject to the provisions of this Article for the purpose of determining compliance with this ordinance and for the purpose of determining the identify of the o~~er, operator, manager or supervisor thereof and all persons employed therein. B. Before a permit is issued, the City Environmental Health Officer or his/her authorized representative shall inspect and approve the food establishment areas to to used. An inspection of a food establishment may be performed at least once every six (6) months. Additional inspections of the food establishment shall be performed as often as necessary. c. Whenever an inspection of a food establishment is made, the findings shall be recorded on an inspection order. The inspection report shall summarize the requirements of the ordinance and shall set forth a weighted point value for each requirement. Inspec- tional remarks shall be ~~itten to reference, by section number, the section violated and shall state the correction to be made. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from one hundred (100). A copy of the inspection form shall be furnished to the person in charge of the establishment at the time of the I I ' · e I I I I I I I Ie I I I I I I I Ie I conclusion of the inspection. The completed inspection report form is a public document that shall be available for public disclosure to any person who requests it according to law. D. Refusal of an owner, manager or employee to allow the City Environmental Health Officer or his/her authorized representative, upon presentation of credentials, to inspect any permitted business or operation therein during normal business hours will result in an immediate suspension of the permit, requiring all permitted activities to abate until after the hearing provided for in Section 2.11 of this Article. Nothing herein or therein shall require notice of suspension for this violation. E. In the event that the City Environmental Health Officer or his/her authorized representative should have cause to believe that a business required to be permitted under this Article is operating without a permit (or has failed to renew a permit) and refuses entry during normal business hours, then the City Environmental Officer or his/her authorized representative may apply to the North Richland Hills Municipal Court for an inspection warrant of the suspect premises upon the filing of a probable cause affidavit and compliance with the Texas Code of Criminal Procedure. Ifan inspection warrant is granted by the Municipal Court, the City Environmental Health Officer or his/her authorized representative may be assisted in service thereof by the North Rich1and Hills Police Department or such other law enforcement agencies as are deemed necessary to obtain entry. F. The City Environmental Health Officer or his/her authorized representative may also be accompanied during any inspection by the Building Official and/or Fire Marshal of the City of North Richland Hills or his/her designee. Section 2.11 CORRECTION OF VIOLATIONS; SUSPENSION OF PE~~IT; REVOCATION OF PERMIT A. Enforcement procedures: The City Environmental Health Officer or his/her authorized representative may establish enforcement procedures to insure compliance with this ordinance and which are consistent with the regulations adopted herein, including, but not limited to, written warnings, compliance time limits, permit suspensions and permit revocation. B. Inspections: The inspection report form shall specify a reason- able period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions: 1. if an imminent health hazard exists, such as complete lack of sanitization, refrigeration or sewage backup into the estab- lishment, than all food sales and/or service operations shall cease immediately. Operations shall not be resumed until authorized in writing by the regulatory authority following reinspection; I I" e I I 2. all violations of four (4) or five (5) point weighted items shall be corrected within a time specified by the regulatory authority, but in any event, not to exceed ten (10) days following the inspection. Within fifteen (15) days after the inspection, the holder of the permit, license, or certificate shall submit a written report to the regulatory authority stating that the four (4) or five (5) point weighted viola- tions have been corrected. A follow-up inspection shall be conducted to confirm correction; I 3. all one (1) or two (2) point weighted items shall be corrected within a time specified by the regulatory authority, but in any event, by the time of the next routine inspection; I I 4. when the rating score of the establishment is less than sixty (60), the establishment shall initiate corrective action on all identified violations within forty-eight (48) hours. One (1) or more reinspections will be conducted at reasonable time intervals to assure correction. Such reinspection shall be subject to the fee schedule authorized by this ordinance; I I 5. in the case of temporary food establishments, all violations shall be corrected within a time specified by the regulatory authority, but in any event, not to exceed twenty-four (24) hours following the inspection. Ie C. Reinspection I 1. to determine corrected imminent health hazards as defined in the regular semiannual inspection; I 2. to determine compliance with plan review after initial inspec- tion and prior to issuance of permit. I D. Compliance with inspection report: The inspection report shall state that failure to comply with any time limits for correction may result in cessation of food sale and/or service operations. An opportunity for a formal administrative hearing is provided for in Section 2-H, E and F of this Article. I E. Suspension of Permit: I 1. the City Environmental Health Officer or his/her authorized representative may, without notice or hearing, suspend any permit authorized herein if the holder of this permit does not comply with the requirements of this ordinance, or if the operation otherwise constitutes a substantial hazard to the public health. Suspension is effective upon service of the notice as required in Section 2.12 of this Article. When a permit is suspended, the holder of the permit or the person in charge shall be notified in writing, that the permit is, upon service of notice, immediately suspended and that an opportun- ity for a hearing will be provided if a written request for a hearing is filed with the City by the holder of the permit, within ten (10) days. The permit holder shall be afforded a hearing within ten (10) days of the date on which the City is in receipt of the written request for said hearing; I I Ie I I I ' ' e I I I I I I I Ie I I I I I I I Ie I 2. if the permit holder or the person in charge does not file a written request for a hearing with the City within ten (10) days of the notice of suspension then the suspension is sustained. The City may end the suspension at any time if the reason for suspension no longer exists; 3. whenever a food establishment is required under provision of this Article to cease operation, it shall not resume opera- tions until such time as a reinspection determines that conditions responsible for the requirement to cease operations no longer exists. Opportunity for reinspection shall be offered within a reasonable time. F. Revocation of permit: the City Environmental Health Officer or his/her authorized representative may, after providing opportunity for a hearing as specified in Section 2.11, revoke a permit for serious or repeated violations of any of the requirements of this Article or for interference with the City's enforcing authority in the course of his/her duties. The City shall notify the holder of the permit or person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten (10) days following service of such notice unless a written request for a hearing is filed with the City by the holder of the permit within such ten (10) day period. If no request for hearing is filed within the ten (10) day period, the revocation of a permit becomes final. Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit. Section 2.12 SERVICE OF NOTICE Service of Notice: A notice provided for in this Article is properly served when it is delivered to the holder of the permit or person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit or is hand delivered to the person in charge of the establish- ment at the time of delivery. A copy of the notice shall be filed in the records of the City of North Richland Hills. Section 2.13 HEARINGS The hearing provided for in this Article shall be conducted by the Board of Appeals of the City at a time and place designated by said Board. Based upon the evidence introduce at such hearing, the Board of Appeals shall enter its order which shall sustain, reverse or modify the action of the City Environmental Health Officer in connection with the permit. The Board of Appeals will cause the order of the Board to be furnished to the appellant by the Health Officer within forty-eight (48) hours of the issuance of the said order and decision of the Board. Section 2.14 EXAMINATION AND CONDEMNATION OF FOOD Food samples may be examined or taken for analysis by the City Environmental Health Officer or his/her authorized representative as I I · ' e I I I I I I I Ie' I I I I I I I Ie -I , often as necessary for enforcement of this Article and may, upon written notice to the owner or person in charge specifying with particularity the reasons thereof, place a hold order on any food which is believed to be in violation of any portion of this ordinance and shall tag, label or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served or removed from the establishment until the vendor of such food has furnished proof of the wholesomeness of the food product to the City Environmental Health Officer or his authorized representative. The City shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within ten (10) days and that if no hearing is requested, the food shall be destroyed. A hearing shall be held if so requested and, on the basis of evidence produced at that hearing, the hold order may be vacated or the owner or person in charge of the food may be directed by ~~itten notice to denature or destroy such food or to bring it into compliance with the provisions of this Article. All costs accruing from such removal thereof shall be borne and paid for by the owner thereof. Section 2.15 EQUIPMENT AND UTENSILS; DESIGN AND FABRICATION A. Residential refrigerators, freezers and ranges are not approved for use in commercial food service establishments or food stores. Only equipment or utensils that meet or exceed the standards of the National Sanitation Foundation (NSF) will be approved. B. An exception to the former equipment requirements may be made with written approval of the City Environmental Health Officer or his/ her authorized representative for the following establishments or operations: 1. food establishments that will operate only under a temporary permit; 2. mobile food establishments. Section 2.16 EQUIPME~T INSTALLATION A~~ LOCATION Auxiliary equipment such as water heaters, remote connected refrigerator compressors and the central units of equipment used to treat the air by either heating, cooling or otherwise conditioning the air must be located outside food preparation areas. Section 2.17 SANITARY FACILITIES AND EQUIPMENT A. Lavatories: lavatories shall be separate facilities from sinks used for food preparation or utensil washing. Such facilities located in the food preparation areas of food establishments shall be equipped with hot and cold, potable water under pressure and metered by a mixing' valve. I I" e I I I I I I I Ie' I I I I I I I Ie I B. Lavatory Supplies: if hand drying devices providing heated air are provided, they may only be used in rest rooms. A sanitary dispenser containing hand cleaner shall be provided at each restroom lavatory. Sanitary disposable towels shall be provided in a dispenser conveniently located near each lavatory in food preparation areas. C. Toilet Facilities: 1. all new, change of ownership or remodeled food service establishments within the City in which food served to the customer is intended to be consumed on the premises, shall be equipped with separate toilet facilities for men and women, and shall comply with all requirements of the City Plumbing Code. 2. toilet facilities shall be located within the food service establishment and will provide the customer of said establish- ment direct and easy access to the establishment's toilet facilities from the dining area without having to go either outside the establishment or through the food preparation area. D. Cleaning Physical Facilities: In all new, change of ownership or remodeled food service establishments or food stores, at least one utility sink or curbed floor drain supplied with hot and cold water under pressure by means of a mixing valve or combination faucet, shall be provided and used for the cleaning of mops or similar wet cleaning tools and for the disposal of mop water or similar liquid wastes. E. In all new, change of ownership or remodeled food establishments at least a three-compartment sink shall be provided for the manual washing, rinsing and sanitizing of utensils and equipment. An exception to the former equipment requirements may be made with written approval of the City Environmental Health Officer or his/her authorized representative only in the case of a food establishment that shall operate under a temporary permit or food establishments that handle only non-potentially hazardous foods which require limited preparation. F. In all new, change of ownership or remodeled food establishments having mechanical utensil washing facilities, at least one (1) three (3) compartment sink shall be provided in addition to the mechanical utensil washer. Section 2.18 RESTRICTED OPERATIONS The retail sale and/or offering for sale and/or holding for sale of raw potentially hazardous food for consumption from temporary and mobile food establishments of all types and categories is prohibited within the City limits. The City Environmental Health Officer or his/her authorized representative may impose additional requirements pertaining to temporary and mobile food establishments in order to protect the public health and may prohibit the sale of some or all potentially hazardous foods from the former establishments. I I" e Section 2.19 I I I I I I I Ie I I Section 2.20 I I I I I Ie I FOOD SERVICE MANAGER'S TRAINING CERTIFICATION A. Every food service establishment permitted herein shall employ no less than one (1) Food Service Manager or other responsible employee in charge of food service operations who shall possess a current certification as a Food Service Manager from an approved training agency or certification program as determined by the City Environmental Health Officer or his/her authorized representative, except that temporary food service establishments and food service establishments that handle only pre-packaged foods and non- potentially hazardous foods which require only limited preparation are exempt from the provisions of this section. B. The Food Service Manager must be employed on the premises of the establishment to be in compliance with this Article. The Food Service Manager certification shall be obtained within the first ninety (90) days of employment in a managerial capacity. C. The owner or person in charge of any establishment permitted herein shall display all such certifications in a conspicuous place for inspection by the City Environmental Health Officer or his/her authorized representative. A copy of each manager's certification, as described and required in this Article, shall be filed in the records of the City. D. The fee set out in this Article is intended to cover the cost of issuing the certificate only. If the training is obtained through the Environmental Services Department of North Richland Hills, any cost to the city for such training shall be passed on to the Food Service Manager. FOOD SERVICE HANDLER'S TRAINING CERTIFICATION A. Every employee of a food service establishment shall obtain a Food Service Handler Certificate within the first (1st) thirty (30) days of employment from the Environmental Services Department of the City of North Richland Hills. B. Prior to obtaining a Food Service Handler Certificate, the employee shall attend a training session on food safety available through the Environmental Services Department. C. There shall be a fee, as set out in this Article, for the training session. The fee shall also include the Food Service Handler Certificate which shall be displayed in a conspicuous place in the establishment for inspection by the City Environmental Health Officer or his/her authorized agent. A copy of each Food Service Handler Certificate shall be filed in the records of the City. D. Enlployees in grocery stores that do not work in a food service area shall be exempt from this Section provided they do not handle potentially hazardous food. I I · ' _ I ARTICLE III GREASE TRAP/INTERCEPTORS I Section 3.01 GREASE TRAP/INTERCEPTOR REQUIRED No person shall discharge flammable substances, grease, wastewater containing grease in/excess of 100 mg/l, oil or sand/grit into the sanitary sewer system. Where any operation necessitates such discharges, traps shall be provided. Any person responsible for discharge requiring a trap shall, at his own expense and as required by the Authority: I I I I I 1_ · I I I I I I I Ie I A. Provide equipment and facilities of a type and capacity approved by the Authority; B. Maintain the trap in an effective operating condition; and C. Provide monitoring facilities as specified by the Authority. Section 3.02 GREASE TRAP/INTERCEPTOR LOCATION Grease Traps installed in food establishments shall be located outside of the establishment, unless approved in writing by the Building Official, Plumbing Board, Director of Public Works and City Environ- mental Health Officer or his/her authorized representative. Grease traps shall be located for easily accessible cleaning. Section 3.03 UNACCEPTABLE DISCHARGE/REVOCATION OF PERMIT A. In establishments where the level of grease, oil or sand/grit dis- charged into the sanitary sewer system is proven to be unacceptable by the Environmental Health Officer or his/her agent according to this Article, that establishment shall be required to install a grease trap/interceptor of sufficient capacity and design to prevent such unacceptable discharges. B. Failure to install an adequate grease trap/interceptor as directed by the Environmental Services Department may result in revocation of the Food Service Permit where applicable and shall be considered a separate violation under this Article. I I" e I I I I I I I Ie I I I I I I I Ie I ARTICLE IV WASTE HAULERS \ Section 4.01 DEFINITIONS A. Approved: accepted as satisfactory under the terms of this article and given formal and official sanction by the approving authority. B. Approving Authority: the City Environmental Health Officer of any other official designated by the City Manager. c. Director: the director of the Environmental Services Department of the City of North Richland Hills. D. Disposal: the discharge, deposit, injection, dumping, spilling, leaking or placing of solid or semi-solid grease trap waster, grit trap waste and/or septage into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. E. Disposal Site: a permitted site or part of a site at which grease trap waste, grit trap waste or septage is processed, treated and/or intentionally placed into or on any land at which said waste will remain after closure. F. Disposer: a person who received, stores, retains, processes or disposes of liquid waste. G. Fee Schedule: applicable fee set by the City Council of North Richland Hills. H. Generator: a person who causes, creates, generates or otherwise produces liquid waste. I. Grease Trap: a water-tight receptacle designed and constructed to intercept and prevent the passage of greasy, fatty liquid, semi- liquid and/or solid wastes generated from commercial operations into the sanitary sewer system to which the receptacle is directly or indirectly connected. J. Grease Trap Waste: greasy, fatty liquid, semi-liquid and/or solid wastes removed from commercial operations by a grease trap. K. Grit Trap: a water-tight receptacle designed and constructed to intercept and prevent the passage of petroleum based oil, grease waste and solids into the sanitary sewer to which the receptacle is directly or indirectly connected. L. Grit Trap Waste: petroleum based oil, grease wastes and solids from commercial automotive or heavy machinery repair and/or washing facilities. I I ' · e I M. Hazardous Waste: any liquid, semi-liquid or solid waste (or combination of wastes) which, because of its quantity, concentra- tion, physical, chemical or infectious characteristics may: I 1. have any of the following characteristics; toxic, corrosive, an irritant, a strong sensitizer, flammable or combustible, explosive or otherwise capable of causing substantial personal injury or illness; I 2. pose a substantial hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise improperly managed, and is identified or listed as a hazardous waste as defined by the Texas Solid Waste Disposal Act or the Administrator, U.S. Environmental Protection Agency (EPA) pursuant to the Federal "Solid Waste Disposal Act," as amended by the "Resource Conservation and Recovery Act of 1976" and as may be amended in the future. I I I N. Liquid Waste: water-borne solids, liquids ~nd gaseous substances derived from a grease trap, grit trap, chemical/portable toilet and/or septic tank and described as a grease trap waste, grit trap waste or septage. I o. Manager: the person conducting, supervising, managing or repre- senting the activities of a generator, transporter or disposer. Ie · P. Manifest System: a system consisting of a four-part trip ticket used to document the generation, transportation and disposal of liquid waste. I Q. Owner: the person who owns a facility or part of a facility. I R. Permit: the formal written document issued to a person by the approving authority authorizing collection of grease trap waste, grit trap waste and septage. I s. Permittee: a person granted a permit under this article. I T. Person: an individual, corporation (including a government corporation) organization, government, governmental subdivision or agency, federal agency, state, political subdivision of a state, interstate agency or body, business or business trust, partner- ship, association, firm, company, joint stock company, commission, or any other legal entity. I I u. POTW: Publicly Owned Treatment Works. I Ie v. Sanitary Sewer: a sewer which carries sewage and to which storm, surface and ground waters are not normally admitted. w. Septage: wastes removed from a portable toilet, chemical toilet or septic tank. x. Shall: the word "shall" wherever used in this article will be interpreted in its mandatory sense: "may" is permissive. I I I" e I I I I I I I Ie' I I I I I I I Ie I Y. Special Wastes: solid waste or combination of solid wastes that, because of its quantity, concentration, physical or chemical characteristics or biological properties, require special handling and disposal to protect the human health or the environment. z. Spill: the accidental or intentional loss or unauthorized dis- charge of grease trap waste, grit trap waste and sept age. AA. Tank: a device, designed to contain an accumulation of grease trap waste, grit trap waste and septage which is constructed primarily of non-earthen materials (e.g., concrete, steel, plastic) to provide structural support for the containment. BB. TDH: Texas Department of Health CC. TWC: Texas Water Commission DD. Toxic Waste: any liquid, semi-liquid or solid waste material which has the ability to chemically produce injury once it reaches a susceptible site in or on the body. EE. Transporter: a person who operates a vehicle for the purpose of transporting liquid waste. FF. Trip Ticket: the shipping document originated and signed by the transporter which contains the information required by the approving authority. GG. Vehicle: a mobile device in which or by which liquid waste may be transported upon a public street or highway. Section 4.02 PE~MITS A. A person commits an offense if he operates or causes to be operated a vehicle for the purpose of transporting liquid waste without an applicable permit. A permit shall be issued for transportation of liquid waste anà the approving authority shall designate on the permit the liquid waste authorized for trans- portation in the vehicle. A separate vehicle permit number is issued for each vehicle operated. B. A person who desires to obtain a permit must make application on a form provided by the approving authority. C. A person who desires to obtain a permit must submit to· the approving authority at the time of application a photocopy of the manager's drivers license. The approving authority shall be notified of manager employment changes during the permit period and shall be provided a copy of the manager's drivers license. D. The approving authority shall not issue a permit unless the appli- cant submits for inspection by the approving authority the vehicle the applicant proposes to use to transport liquid waste and the. vehicle is found by the approving authority to be constructed and equipped in accordance with the provisions of this article. I I · ' e I I I I I I I Ie " I II I I I I I Ie I Section 4.03 E. A permit is not transferable. F. A permit by the City of North Richland Hills excludes the hauling of materials that are hazardous in nature. G. Transporters transporting hazardous wastes must have the applic- able Texas Water Commission and U.S. Environmental Protection Agency (EPA) registration number and use the appropriate EPA mani- fest systems. H. Each applicant must specify the disposal site or sites to be used for the authorized disposal of liquid wastes. The approving authority shall be immediately notified of additional disposal sites used during the permit period. DISPLAY OF PERMITS The approving authority shall number permits consecutively and each permit holder shall cause to be displayed, on each side of each vehicle in a color contrasting with the background in three inch letters or larger, the business name, TDH registration number and the following example: NRH 000 The first three letters (NRH) shall represent the City of North Richland Hills. The numbers (000) shall be the permit number. The permit holder shall place business name, TDH registration number and the vehicle permit number on each vehicle before the vehicle is operated. The permit holder shall keep the permit receipt, or a copy, in the vehicle at all times. Section 4.04 PERMIT DURATION AND RENÐ~AL: the permit shall be renewable on October first (1st) of each calendar year. Section 4.05 LIQUID WASTE VEHICLES: MAINTENANCE A. A liquid waste transporter shall: 1. maintain hoses, tanks, valves, pumps, cylinder, diaphragms, pipes, connections and other appurtenances on a vehicle in good repair and free from leaks; 2. provide a safety plug or cap for each valve of a tank; 3. cause a vehicle exterior to be clean and the vehicle odor-free at the beginning of each work day. B. The approving authority may cause to be impounded a vehicle which is being operated in violation of this article and he/she may authorize the holding of the vehicle until the violation is corrected. The approving authority may also revoke the permit for the improperly operated vehicle. If a vehicle is impounded or if a permit is revoked, an appeal may be filed by the transporter pursuant to Section 4.13 of this ordinance. I II · · e I I I I I I I Ie' I I I I I I I Ie I Section 4.06 LIQUID WASTE VEHICLES: INSPECTION A. A liquid waste transporter's vehicle shall be inspected by the approving authority prior to the issuance of a vehicle permit with qualifications as follows: 1. use of a vehicle with a single tank as an integral portion of vehicle to transport liquid wastes; portable tanks or other containers temporarily installed in vehicles are prohibited. 2. piping, valves and connectors shall be permanently attached to tank and/or vehicle; 3. tank to be liquid tight; 4. tank to be constructed so that every interior and exterior portion can be easily cleaned; 5. piping, valves and connections shall be accessible and easy to clean; 6. inlet or opening of tank to be constructed so that collected waste will not spill during filling, transfer or during transport; 7. outlet connections to be constructed so that no liquid waste will leak, run or spill out from the vehicle; 8. outlets to be of a design and type suitable for the liquid waste handled and capable of controlling flow or discharge without spillage or undue spray on or flooding of immediate surroundings while in use; 9. pumps, valves, cylinders, diaphragms and other appurtenances to be of a design and type suitable for the type of waste handled, capable of operation without spillage, spray, or leakage and capable of being easily disassembled for cleaning. Section 4.07 RESPONSIBILITIES OF A LIQUID WASTE TRANSPORTER A. Before accepting a load of liquid waste for transportation, a liquid waste transporter shall determine the nature of the material to be transported and that his equipment is sufficient to properly handle the job without spillage, leaks or release of toxic or harmful gasses, fumes, liquids or other substances. ~pon delivery of the waste to the disposer, the transporter shall inform the disposer of the nature of the waste. B. A transporter with the City of North Richland Hills liquid waste transporter permit shall not transport materials that are hazardous as defined in Section 4.01 in vehicles permitted by the City for transporting liquid waste. C. A transporter holding a .City of North Richland Hills permit must use a disposal site permitted and approved by the City, state or federal government. I I ' ' e I I I I I I I Ie" I I I I I I I Ie I D. A manifest system consisting of a four-part trip ticket is used to document the generation, transportation and disposal of all applicable liquid waste generated in the City of North Richland Hills and shall be used as follows: 1. the trip ticket books shall be purchased by the transporter from the City of North Richland Hills, Environmental Services Department; 2. a transporter shall complete one trip ticket for each location serviced, with the exception of chemical/portable toilet com- panies servicing their own units. Chemical/portable toilet companies servicing their own units shall be exempt from trip ticket requirements but shall be required to submit a monthly total of volumes disposed and location of disposal to the approving authority; 3. white copy of trip ticket signed by transporter and generator at time of waste collection and yellow copy maintained by generator; 4. white copy of trip ticket signed by disposer at time of disposal and pink copy maintained by disposer; 5. green copy of trip ticket maintained by transporter; 6. all completed trip ticket books containing the white copy of the trip ticket will be delivered at least monthly by the transporter to the City of North Richland Hills, Environmental Services Department; 7. a copy of all trip tickets shall be maintained for a period of two years. E. The liquid waste transporter shall empty each trap/interceptor completely. No partial pumping of trap shall be permissable. Section 4.08 ACCUMULATION OF LIQUID WASTE Section 4.09 A person commits an offense if he/she allows liquid waste that emits noxious or offensive odors or is unsanitary or injurious to public health to accumulate upon property under his/her control or on the property of another. DISPOSAL OF LIQUID ~ASTE A. A generator of liquid waste shall have all liquid waste material picked up from his/her premises by a liquid waste transporter who holds a valid permit from the City and the liquid waste shall be transported to an approved site for disposal. B. A generator of liquid wastes shall not have hazardous wastes or liquid waste in combination with hazardous waste removed from his premises by a liquid waste hauler operating under a City permit. I I ' ' e I I I I I I I Ie- I I I I I I I Ie ,I c. A generator shall sign the trip ticket from the transporter when a load is picked up by the transporter and shall keep a copy of all trip tickets for a period of two years. The approving authority may inspect these records during normal business hours. D. A generator shall: 1. install or provide collection device of size and type specified by approving authority; 2. maintain collection device in continuous, proper operation; 3. supervise proper cleaning of collection device; 4. report spills and accidents involving collection device to approving authority within 24 hours; 5. clean up all spills and accidents immediately and have material disposed of by permitted transporter by proper means. E. A generator who engages the services of a liquid waste transporter which does not hold a valid permit from the City may have that establishment's Food Service Permit revoked where applicable. Section 4.11 RESPONSIBILITIES OF LIQUID WASTER DISPOSERS A. A liquid waste disposer commits an offense if he/she allows accumulation of liquid waste on his premises so that rainfall could carry the material to storm sewers or adjacent property or create a noxious odor or health hazard. B. A liquid waste disposer shall: 1. obtain and maintain compliance with all licenses and/or permits required by local, state or federal law; 2. accept waste only from a permitted transporter; 3. maintain trip ticket copies for a period of two years; 4. accept only those classes of wastes authorized by license or permi t; 5. make available all records required to be kept for inspection by the approving authority during normal business hours. Section 4.12 RULES AND REGULATIONS The approving authority may promulgate rules and regulations as may be necessary to carry out the provisions of this article and protect the public from health and safety hazards. The approving authority may undertake immediate actions as may be necessary to protect the public from health and safety. hazards. The approving authority may amend any permit issued hereunder to ensure compliance with applicable laws and regulations. I I · ' e I I I I I I I Ie" I I I I I I I Ie I Section 4.13 DENIAL, SUSPENSION, REVOCATION OR PERMIT A. The approving authority may deny a permit if it is determined that an applicant is not qualified under this article and may suspend or revoke a permit if it is determined that a permittee: 1. is not qualified under Section 4.02 of this article; 2. has violated a provision of this article; 3. has failed to pay a required fee; 4. has failed to comply with maintenance or inspection requirements; 5. has failed to deliver trip tickets to the approving authority. B. After suspension under this section, a permittee may file a request for reinstatement of the permit. When the approving authority determines that the permittee is again qualified, all violations have been corrected, precautions have been taken to prevent future violations and all required fees have been paid, he shall reinstate the permit. C. The approving authority may revoke for a period of one year or less all permits held by a liquid waste transporter if the trans- porter or an employee of the transporter violates any of the provisions of this article, any rule or regulation promulgated by the approving authority or applicable provisions of the City code or state law. D. A permittee whose permit is suspended or revoked shall not collect, transport or dispose of any waste materials within the jurisdiction of the approving authority. Section 4.14 HEARING A. If the approving authority denies the issuance of a permit or revokes a permit, he/she shall send to the applicant or permit holder, by certified mail, return receipt requested, written notice of his/her actions and the right to a hearing. B. The hearing provided for in this Article shall be conducted by the Board of Appeals of the City of North Richland Hills at a time and place designated. Based upon the recorded evidence of such hearing, the Board of Appeals shall make a final finding and shall sustain, modify or rescind the action of the approving authority. A notice of the hearing decisions shall be furnished to the holder of the permit by the City Environmental Health Officer. I I ' > e I I I I I I I Ie' I I I I I I I Ie I Section 4.15 RESPONSIBILITY OF CORPORATIONS OR ASSOCIATIONS A. In addition to prohibiting certain conduct by natural persons, it is the intent of this article to hold a corporation or association legally responsible for prohibited conduct performed by an agent acting in behalf of a corporation or association and within the scope of his office or employment. B. Any person, operator or owner who shall violate any provision of this ordinance or who shall fail to comply with any prov1S1on hereof, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed one thousand dollars ($1,000.00), and each violation and each day a violation continues, shall constitute a separate offense and shall be punished accordingly. C. Any person found to be guilty of violating prov1s10ns of this article shall become liable to the city for any expense, loss or damage occasioned by the City for reason of appropriate clean-up and proper disposal of said waste materials. Additionally, an administrative fee equal to one-half (1/2) of assessed clean-up costs shall be levied by the City against the guilty person. I I · · e I I I I I I I Ie I I I I I I I Ie I ARTICLE V 'CHILD CARE FACILITIES Section 5.01 PURPOSE The purpose of this Article is to provide mlnlmum standards for the operation of Child Care Centers in the City of North Richland Hills, to protect the health, safety and welfare of the occupants and patrons. Section 5.02 TEXAS DEPARTMENT OF HUMAN SERVICES REGULATIONS ADOPTED There is hereby adopted the "Minimum Standards For Day Care Centers" as published and promoted by the Texas Department of Human Resources, a copy of which shall be kept on file in the office of the City Secretary. The provisions of the "Minimum Standards for Day Care Centers" shall apply as though such regulations were copied at length herein, except where specific other provisions are expressed within this Article. Section 5.03 DEFINITIONS A. Child Care Facility: A facility where child care occurs. The term "child care" shall be applied where: 1. care, training, education, custody, treatment or supervlsl0n is provided for more than six (6) children, exclusive of persons who are related by blood, marriage or adoption to the owner or operator of the facility; and 2. care, training, education, custody, treatment or supervls10n is provided for all or part of a twenty-four (24) hour day on a regular basis at least four (4) days a week; and 3. the facility is intended to provide child care at least twenty-six (26) weeks per year; and 4. more than one-quarter (1/4) of the children cared for at the facility are under eleven (11) years of age. B. The term "child care" shall not apply to: 1. a State-operated facility; 2. an agency home as defined by V.T.C.A., Human Services Code, Section 42.002(11); 3. a facility that is operated in connection with a shopping center, business, religious organization or establishment where children are cared for during short periods while parents or persons responsible for the children are attending religious services, shopping or engaging in other activities on or near the premises, including, but not limited to, retreats or classes for religious instruction; I I ' ' e I 4. a school or class for religious instruction that does not last longer than two (2) weeks and is conducted by a religious organization during the summer months; 5. a youth' camp licensed by the Texas Department of Health. I 6. a hospital licensed by the Texas Department of Health and Mental Retardation or the Texas Department of Health; I 7. an educational facility accredited by the Central Education Agency or the Southern Association of Colleges and Schools "that operate primarily for educational purposes in grades Kindergarten and above; I I 8. an educational facility that operates solely for educational purposes in grades Kindergarten through at least Grade 2, that does not provide custodial care for more than three (3) hours during the hours before or after the customary school day and that is a member of an organization that promulgates, publishes and requires compliance with health, safety, fire and sanitation standards equal to standards required by State, county and municipal codes; I I 9. a Kindergarten or preschool educational program that is operated as part of a public school or a private school accredited by the Central Education Agency, that offers educational programs through Grade 6 and that does not provide custodial care during the hours before or after the customary school day. Ie I 10. a registered family home as defined by V.T.C.A., Human Services Code, Section 42.002(9); or I 11. an educational facility that is integral to and inseparable from its sponsoring religious organizations or an educational facility, both of which do not provide custodial care for more than three (3) hours maximum per day and that offers educa- tional programs for children age five (5) and above in one (1) or more of the following: Kindergarten through at least Grade 3, elementary or secondary grades; provided, however, that a religious organization such as that described in Subsection (3), above, where children are cared for during short periods while parents or persons responsible for the children are attending religious services or engaged in other activities on or near the premises, may provide custodial care for more than three (3) hours per day. I I I I c. For purposes of this Article, "religious organization" shall be defined as a church, synagogue or other religious institution whose purpose is to support and serve the propagation of truly held religious beliefs. I Ie D. Fee schedule applicable: fee set by the City Council of North Richland Hills. I I I ' ' e I I I I I I I Ie- I I I I I I I Ie I Section 5.04 ADMINISTRATION: PERMIT ISSUE, INSPECTION, CQ}WLIANCE, ENFORCEMENT A. The Environmental Health Officer of his/her designee is hereby authorized to issue a Child Care Facility permit in the City of North Richland Hills when he/she finds that the permit applicant has complied with the requirements of this Article and other applicable sections of the City Code. He/she shall cause the Child Care Facility to be inspected not less frequently than semi-annually to ensure that the facilities, grounds and equipment are maintained in compliance with this Article and in a safe and sanitary condition for the welfare of the occupants and patrons of the Child Care Facility. He/she shall cause reports of inspec- tions to be kept on file in the Environmental Service Department and issued to the Child Care Facility, along with appropriate directives to resolve deficiencies observed in the inspections. He/she shall have the authority to enforce the provisions of this Article and to issue citations for violation of any of its provisions. B. The operator of the Child Care Facility shall operate the facility in compliance with the provisions of this Article and other applicable sections of the City Code, and shall respond within the specified schedule of time when any deficiency or violation has been identified by the Environmental Health Off~cial or his/her designee. Section 5.05 PERMIT REQUIRED No person, firm or corporation shall operate a Child Care Facility in the City of North Richland Hills unless and until a permit for such purpose has been issued by the Environmental Health Official or his/her designee. Section 5.06 PE~~IT APPLICATION A. Application for a permit to operate a Child Care Facility shall be submitted by the operator on a form specified by the Environmental Ser,'rices Department. B. The permit application shall state the name, address and telephone number of the permit applicant and the name and social security account numbers of all employees and staff members of the Child Care Facility. C. The permit application shall indicate the name, street, mailing addresses of the Child Care Facility and the current zoning of the property. A site plan shall be submitted, drawn to an accurate scale, indicating the legal description of the property and showing the indoor and outdoor areas to be used for the Child Care Facility. D. The permit application shall affirm that a Certificate of Occupancy has been applied for with the Building Inspection Department, its issuance contingent, in part, on the successful application for Child Care Facility Permit. I I ' ' e I E. The permit application shall include a certificate of liability insurance coverage for bodily injury or death of any person entrusted to the care of the Child Care Facility. The amount of said insurance coverage shall not be less than $100,000.00. Section 5.07 PERMIT DURATION AND RENEWAL I The permit shall be renewable on October first (1st) of each calendar year. I Section 5.08 PERMIT SUSPENSION AND REVOCATION I A. The Environmental Health Official or his/her designee is hereby authorized to suspend or revoke a Child Care Facility permit for a violation of any provision of this Article. Suspension or revoca- tion of a permit shall be effected by notice in writing, setting forth the reasons therefor, and specifying any requirements or schedules of time for further action related to the suspension or revocation. I I B. The following actions shall constitute cause for suspension: I 1. failure to respond within specified limits of time regarding violations observed during Health Department inspection of the premises and operation; Ie 2. violation by the operator or any employee or staff member of the requirements for permit as contained in Section 5.09 or Section 5.10; I 3. any violation of this Article which poses a danger to any child entrusted to the care of the Child Care Facility; I 4. failure to keep continually in force the required insurance against liability for bodily injury or death. I c. The following actions shall constitute cause for revocation: 1. failure to correct a violation for a period of six (6) months following suspension of the permit; I 2. knowingly submitting false information, or allowing false information to be submitted, in the application for a permit. I D. A permit that has been suspended may be reactivated only after an Environmental Services Department inspection has confirmed that the condition causing the suspension has been corrected. Request for reactivation shall be made to the Environmental Health Official or his designee and shall be evaluated as if for the initial application. I II Ie E. A permit that has been revoked shall not be reissued. I I III ' ' e I I I I I I III Ie I I I I I I I Ie I Section 5.09 Section 5.10 Section 5.11 DISPLAY OF PERMIT The Child Care Facility permit shall be conspicuously posted on an inside wall of the main facility and shall be continuously displayed in public view. PERMIT NON-TRANSFERABLE No permit issued under this Article shall be used for any purpose other than the intent for which it was issued nor be transferred or assigned to, or in any manner used by, any person, firm or corporation other than the one to whom issued by the Environmental Health Official. RESPONSIBILITY OF EMPLOYER A. No Child Care Facility shall employ any person who has been convicted of any offense, felony or misdemeanor protecting the health, safety or welfare of a child for for causing bodily harm to any person or of any offense contained in Chaperts 6, 25 or 43 of the Texas Penal Code. B. Notification 1. When the operator of a Child Care Facility has been advised that an indictment or criminal complaint has been filed with the County or District Attorney's Office against any person working at the Facility alleging that such person has committed one of the offenses specified in Section 5.11, the operator shall notify the Environmental Health Official not later .than the next workday. 2. When the operator of a Child Care Facility has been advised that a person has been indicted as specified in Subsection (B-1), the operator shall ensure that such person does not come in contact with the enrolled children until the charges are resolved. Section 5.12 PERMIT REFUSAL OR REVOCATION Upon finding that the necessary permit may not be issued or that said permit should be suspended or revoked or has expired, the Environ- mental Health Official or his/her designee shall, within ten (10) days of the finding, notify the applicant in writing specifying the result of the finding and the reasons therefor. The applicant's appeal shall be to the Board of Appeals as specified elsewhere in this Ordinance. Section 5.13 FOOD SERVICE IN CHILD CARE FACILITIES A Child Care Facility in which food is prepared for human consumption shall comply with the pertinent food service regulations in Article II of this Ordinance. The fees set forth in Article II for Food Service Establishments shall not be required for the food service portion of a Child Care Facility, however, those employees handling food or food containers shall be required to obtain Food Service Handler or Manager's Certificates as set down in Sections 2.19 and 2.20. I I ' · e I Section 5.14 TOILET AND PLUMBING FIXTURES AND FACILITIES A. Toilet fixtures and facilities shall be provided in accordance with Appendix "crt of the Uniform Plumbing Code as adopted in the North Richland Hills Plumbing Code. I B. The temperature of any water available to the occupants or patrons of a Child Care Facility shall not exceed 120 degrees Fahrenheit. I I C. Except where intended only for use by the children, each lavatory shall be provided with both hot water and cold water, tempered by a means of a mixing valve or combination faucet. Any self- closing, slow-closing or metered faucet shall provide a flow of water for at least fifteen seconds without the need to reactivate the faucet. I D. Toilet tissue, paper towels or clean cloths, and soap s·hall be available at all times for the use of occupants and patrons. I Section 5.15 PLAYGROUND PROVISIONS I A. An outdoor playground shall be provided and shall be supervised by adults in an adult-child ratio not less than that maintained in indoor activities. Ie B. A playground shall provide not less than eighty (80) square feet of area for each child occupying the area at one time.~ I C. The playground area, including all play equipment, shall be main- tained in a safe condition. No sharp edges, dangerous protru- sions or other obvious hazards shall be allowed in the play area. I D. A playgroun~shall be surrounded by an approved fence not less than six (6) feet in height. Fences at Child Care Facilities in existence at the time of the effective date of this ordinance may be continued and maintained if they are a minimum of four (4) feet in height. I I E. Any pool, pond or other body of water greater than ten (10) inches in depth shall be separated from a playground by a fence as described in (D) above. I F. Outdoor activities and field trips where children may encounter a pond or other body of water shall be attended by an adult competent in water-safety procedures. I Section 5.16 RELEASE OF CHILD I 1- A. The Child Care Facility shall maintain a register for the signa- ture of persons to whom children are released. Daily signatures shall not be required by this Article for authorized persons to whom children are regularly released, however, the Child Care Facility may require such signature of any persons at its discre- tion. I I I ' · e I I I I I I I Ie I I I I I I I Ie I B. An enrollment agreement required upon admission of any child to the Child Care Facility shall include a statement that the child will be released only to a parent or a person named by the parent and a statement that persons bringing the child or picking up the child will ensure that a staff member is aware of the child's arrival or departure. School-age children who leave the facility to go to classes or other approved activities shall have written permission from their parents; parents shall specify the activity, time and method of transportation. The Child Care Facility shall maintain a record of parents and other persons to whom the child is authorized for release. Each parent shall provide the Child Care Facility with the final four digits of their social security account number for purposes of security in emergency conditions as identified in subsection (C) below. In the case of a divorce after the child has been enrolled, it shall be the responsibility of the one who is granted custody of the child (being the one with whom the child lives) to provide the Child Care Facility with a copy of the custody decree or agreement and request that the authorization records for release of the child be changed. C. When emergency conditions require that a child be released to a person not identified in the release authorization records, the Child Care Facility shall require the parent's prior approval, which may be submitted by telephone. The parent, identified for security by the four-digit social security number, shall designate the person to whom the child may be released. The person to whom the child is to be released must, in turn, provide the parent's four-digit number as identification and shall be photographed by the Child Care Facility and provide a signature on the photograph, which shall be retained by the Child Care Facility for at least three (3) months. Section 5.17 SAFETY AND SANITATION A. The number of persons regularly occupying the building shall not exceed one person (child or adult) for each 35 square feet of building area as determined by the North Richland Hills Building Code. B. A fire evacuation diagram shall be conspicuously posted in assembly rooms and classrooms in a Child Care Facility. All employees and staff members shall be instructed in fire emergency procedures. Fire evacuation drills shall be conducted at sufficient intervals to assure familiarity with emergency procedures among employees and staff members. C. Electrical outlets accessible to children shall be protected with child-proof covers or safety outlets when not being used. D. A Child Care Facility shall not be located in a mobile home or in any part of a building other than the ground level. E. A Child Care Facility shall maintain an adequate amount of first-. aid supplies including, but not limiteà to, soap, antiseptic solutions, absorbent cotton, cotton-tip applicators, sterile I I" e I I gauze, adhesive tape and adhesive bandages. One medium-sized package or container of each of these first-aid supplies shall be maintained in unopened reserve at all times. A magnifying glass and tweezers shall also be available. First-aid procedures and supplies shall be applied, including cleaning and bandaging, for any cut or bleeding abrasion of the skin. I F. Permanent signs shall be conspicuously posted in restrooms and food service areas so as to be noticed by normally observant individuals reminding all persons to wash hands before eating and after using the toilet. Employees and staff members shall wash hands before and after changing a diaper and before feeding a child. Permanent signs, including pictorial messages, shall be posted for communication with children unable to read. I I G. A diaper-changing station shall be cleaned and sanitized after each use. The diaper-changing stations shall be located within, and shall be easily accessible to, area where babies are kept · I I H. Smoke detectors shall be installed to provide an effective warning to the building occupants of fire in any kitchen area, sleeping area, or any area containing mechanical equipment. Location and connection of smoke detectors shall comply with the Fire Code. Ie I. A person certified in cardiopulmonary resuscitation of children shall be present at the Facility during all hours of operation. Certificates evidencing such training shall be available at the center. I I I I I I I Ie I I I ' · 4IÞ ARTICLE VI II PUBLIC AND SEMI-PUBLIC SWIMMING POOLS Section 6.01 DEFINITIONS I I I I I I 14IÞ I I I I I I I Ie I A. Fee Schedule - applicable fee set by the City Council of North Richland Hills. B. Free Chlorine Residual - The chlorine concentration, in milligrams per liter (mg/l) units of water, available for rapid and effective biocidal action. This is the chlorine which remains uncombined with nitrogenous or ammonical compounds after the initial chlorine demand of the water has been satisfied. C. Lifeguard - An individual schooled and certified in an advanced course of instruction in lifesaving and water safety equivalent to that offered by the American Red Cross. D. Manager of Operations - The person ultimately responsible for the safe, sanitary maintenance of a public or semi-public pool. E. Private Pool - Any pool located on private, single-family resi- dential property under the control of the homeowner or tenant, the use of which is limited to members of the homeowner's or tenant's family or invited guests. F. Public Pool - Any pool, spa or water slide which is intended to be used by the general public for swimming, bathing or other related purposes and is operated by an owner, lessee, operator, licensee or concessionarie, regardless of whether a fee is charged for use. G. Residential - Pertaining to any structure or premises used for permanent living quarters of whatever type, including conventional single-family residences, duplexes, multi-family residences, apartments or mobile homes. H. Semi-public Pool - Any pool, spa or water slide which is not included within the definition of either "Private Pool" or "Public Pool" as those terms are defined herein. I. Spa - A "therapeutic pool, "hydrotherapy pool," "whirlpool," "hot tub" and similar type pools which may not be drained, cleaned and refilled for each individual. J. Swimming Pool or Pool - Any structure, basin, chamber or tank containing an artificial body of water for swimming, diving or recreational bathing and shall include water slides. K. Water Slide - Any recreational water slide flume designed to proviàe a descending ride into a splash-down pool at the base of the slide. I I · ' e I I I I I I I Ie, I I I I I I I Ie I Section 6.02 PERMIT REQUIRED A. A person shall not operate a public or semi-public pool in the City of North Richland Hills unless and until a permit for such purposes has been issued by the Environmental Services Official or his/her designee. B. An application for such permit as required in this Article shall be made in writing to the Environmental Services Official or his/her designee upon forms prescribed and furnished by the city of North Richland Hills. C. An applicant must designate a Manager of Operations for each pool for which a permit is sought and the person designated as the Manager of Operations must be employed on the premises where the pool is located. D. Operational permits shall expire on September 30th of each year, unless suspended for cause before expiration date and must be renewed each year as described in this Section. E. Public pools which are o~med and operated by the City or Public School must obtain an operational permit but shall be exempt from paying the application fee and the operational permit fee. Section 6.03 PERMIT DURATION AND RENEWAL: the permit shall be renewable on October first (1st) of each calendar year. Section 6.04 INSPECTIONS The Environmental Services Official is authorized to conduct such inspections as he deems necessary to ensure compliance with all provisions of this ordinance. He/she shall have right of entry at any reasonable hour upon the premises where a public or semi-public pool is located. He/she shall have the authority to collect water samples from the pool. Section 6.05 MAINTENANCE AND OPERATION A. Every public and semi-public pool shall be under the superv~s~on of a Manager of Operations, as provided in Section 6.02 above, who shall be responsible for compliance with all parts of this Article relating to pool maintenance, pool operation and safety of swimmers. It shall be unlawful for such Manager of Operations to cause or permit the existence of a condition which is in violation of any part of this Article. B. All pumps, filters, disinfectant and chemical feeders, drains, ladders, lighting, ropes and appurtenant equipment used in the operation of all public and semi-public pools shall be maintained in a good state of repair. c. All public and semi-public pools shall be treated and maintained in accordance with the following standards: 1. Every pool shall contain a disinfection cQncentration of a minimum free chlorine residual of 1.0 mg/l. Every spa shall I I · " Ie I I I I I I Ie I I I I I I I Ie I contain a disinfection concentration of a m1n1mum free chlorine residual of 2.0 mg/l. Use of any disinfectant other than chlorine must be approved by the Environmental Services Official. A test kit for measuring the concentration of the disinfectant, accurate within 0.2 mg/l, shall be provided at each paolI spa. 2. If cyanuric acid is used to stabilize the free available chlorine, or if one of the chlorinated isocyanurate compcunds is used as the disinfecting chemical, the concentration of cyanuric acid in the water should be at least 30 mg/l, but shall not exceed 100 mg/l. A test kit should be available for measuring the concentration of cyanuric acid. 3. Every pool shall have water with a pH of not less than 7.2 and not more that 8.0. A pH test kit, accurate to the nearest 0.2 pH units, shall be provided at each pool. The total alkalinity of the pool water shall be at least 50 mg/l, but not greater than 15 mg/l. 4. The presence of organisms of the coliform group in any sample ___ ._~.hall be deemed unacceptable water quality. 5. Every pool shall have water clarity sufficient for the main drain or a six inch (6") diameter tubidity test disk placed at the deepest part of the pool to be clearly visible. Failure to meet this requirement shall be sufficient cause for immediate closure of the pool. 6. Every pool shall be free of scum and foreign floating matter, sediment, dirt, slime, algae and all other foreign material that may be conducive to the transmission of disease. ----.-...-. - D. The recirculatory system of a public or semi-public pool must be in operation and properly maintained at all times. E. Water introduced into the pool shall be supplied through an approved air gap. Any other method of introducing water into the pool system must comply with the Uniform Plumbing Code of the City of North Richland Hills. F. Areas surrounding a public or semi-public pool, including bath- houses, dressing rooms, toilets, shower stalls and lounging areas shall be kept clean and in a state. of good repair at all times. G. All swimming pool backwash and drainage water shall be disposed of directly into city sanitary sewer system through lines and equip- .ment installed in accordance with Uniform Plumbing Code. Section 6.06 HEALTH AND SAFETY PROVISIONS A. All public pools, excluding spas, shall be attended by at least one (1) lifeguard during all hours of operation. I I' . '. e I I I I I I I Ie I I I I I I I Ie I B. The following safety equipment shall be readily available at all public and semi-public pools, excluding spas and water slides, during all times they are open for use: 1. A life pole or shepherd's crook type of pole, having blunted ends, with a minimum length of twelve feet (12'); or a ring buoy of not more than fifteen inches (15") in diameter, to which shall be attached a throw line at least the length of the maximum width of the pool. 2. A guard line rope separating the shallow portion of the pool from the deep portion at the breakpoint depth. c. Semi-public pools, where no lifeguard service is provided, shall post in plain view at each entrance to the pool a warning sign which states "WARNING - NO LIFEGUARD ON DUTY," with clear, legible letters at least four inches (4") in height. In addition, the sign shall also state, "CHILDREN SHOULD NOT USE POOL WITHOUT AN ADULT IN ATTENDANCE." D. A sign shall be placed in distinct view of swimmers at all semi- public pools giving the emergency telephone number of the Police Department and the ambulance service or shall state the location of the nearest telephone and also state that emergency telephone numbers are posted at that location. At public pools, these telephone numbers shall be conveniently located at each telephone location. E. Depth markings must be visible at or above the water surface of the vertical pool wall and on the edge of the deck next to the pool, at maximum and minimum depth points, at points of break between depths and spaced at not more than twenty-five foot (25') '--'--1ntervals around the entire perimeter of the pool. Markings must be in numerals of a minimum height of four inches (4"). F. A sign should be posted requiring a shower before using the pool. G. A sign should be posted at all public and semi-public spas warning that alcohol should not be consumed prior to or while using the spa. H. All chemicals used in swimming pool water treatment shall be stored in their original containers and kept in a cool, dry and well-ventilated place, out of the reach of children and should be kept in a locked room. I. The pool shall be surrounded by an approved wall or fence not less . than six feet (6') in height with self-latching gates with locks at all entrances into the pool area. Section 6.07 REGULATIONS IN POOL AREA A person commits an offense if he/she: I I' . i e I I I I I I I Ie I I I I I I I Ie I A. allows an animal under his/her control to enter or remain within the pool area or pool enclosure of a public or semi-public pool; or B. has skin abrasions, open sores, skin disease, eye disease, nasal or ear discharge or a communicable disease and swims in a public or semi-public pool; or c. works at a public or semi-public pool while infected with a communicable disease; or D. alters or removes safety equipment from a public or semi-public pool except in an emergency; or E. carries glass within a public or semi-public pool area or enclosure. Section 6.08 FAILURE TO COMPLY Failure to comply with any section of this ordinance may result in the immediate closure of the pool and/or the initiation of legal action. Upon determination that the pool does not comply with the provisions of this ordinance, the Environmental Services Official shall notify the Manager of Operations of the existing violations. If the Environ- mental Services Official determines that the condition of the pool is hazardous to the health or safety of the swimmers or of t~e general public, the pool shall be immediately closed. Signs shall be posted at all entrances to the swimming pool. Said sign shall be clearly visible to a reasonably observant person and shall state, "Closed by the North Richland Hills Environmental Service Department." A rein- spection of the pool will be conducted during the regular working hours of the Health Department at the request of the Pool Manager of Operations. If compliance has been achieved, the Manager of Operations shall be notified that the pool may be opened. Section 6.09 VIOLATION OF CLOSURE ORDER When the Environmental Services Official has ordered that a pool be closed due to non-compliance with any provision of this ordinance, the owner of such pool shall not knowingly allow the pool to be used for swimming, diving or bathing purposes and shall immediately take every reasonable step to prevent the use of such pool for such purposes. By way of example and without limiting such duty, the owner shall (1) immediately post notices reasonably likely to come to the attention of potential users of the pool, advising of the closure and (2) shall immediately lock all gates and doorways in any fence or other enclosure surrounding such pool. Use of the pool by an individual for swimming, diving or bathing purposes after the Environmental Services Official has ordered such pool to be closed shall be deemed prima facie evidence that the owner of said pool has knowingly allowed the pool to be used for such purposes. I I ' " _ I I I I I I I I_ I I I I I I I Ie I Section 6.10 ENFORCEMENT RESONSIBILITY The Environmental Services Official or his authorized representative shall have enforcement responsibility for this ordiance. I " I · · e I I I I I I I Ie, I I I I I I I Ie I Section 7 .01 Section 7.02 Section 7.03 Section 7.04 ARTICLE VII SCHEDULE OF FEES AND PERMIT FEES FOOD SERVICE PERMIT FEES AND OTHER FEES A. Annual Permit 1. 0 - 5 employees 2. 6 - 20 employees 3 . 21 and above $150.00 $250.00 $300.00 B. Seasonal Permit C. Temporary Permit D. Mobile Food Unit $100.00 $ 50.00 1. First Unit 2. Each additional Unit $100.00 $ 50.00 E. Food Handler Certification F. Food Manager Certification $ 10.00 $ 10.00 WASTE HAULERS PERMIT FEES AND OTHER FEES A. Waste Hauler Permit 1. First Unit 2. Each additional Unit $100.00 $ 50.00 B. Manifest ticket book $ 10.00 CHILD CARE FACILITIES PERMIT FEE A. Child Care Facility fee $150.00 PUBLIC AND SEMI-PUBLIC POOLS PE~~IT FEES A. Public and Semi-Public Pool Permit $100.00 I ¡ , I · · e I I I I I I I Ie I I I I I I I Ie I ARTICLE VIII SE\TERANCE That it is hereby declared that the sections, articles, subsections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, subsection, article or section of this ordinance shall be declared void, ineffective, or unconstitutional by a valid judgment or final decree of a court or competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs, subsections, article or sections of this ordinance since the same would have been enacted by the City Council with the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph subsection, article or section. REPEALER All ordinances or parts of ordinances not consistent or conflicting with the provisions of this ordinance are hereby repealed; provided that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this or dinanc e . PENAL TY Any person, firm, association of persons, company, corporation or their agents, servants or employees violating or failing to comply with any of the provisions of any Health Article shall be fined upon conviction not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00) and each day any violation of non-compliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by state law and the power of injunction as provided in Vernon's Ann. Civ. St. Art. 1175(f), (1) to (8) and as may be amended may be exercised in enforcing this article whether or not there has been a complaint filed. This ordinance shall be in full force and effect from the date of passage and approval and publication as required by law: I I · " e I I I I I I I Ie· I I I I I I I Ie I Passed and approved this day of , 19 Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City I I" , I· .epartment: Subject: CITY OF NORTH RICHLAND HILLS Environmental Services Council Meeting Date: 5/22/89 Agenda Number: GN 89-60 I 1 I I I I I 1_· I 1 I 1 1 I I lIe ~ Budget ,~ -r~ :It JÛ rC fA/ ~ I Depar~ignature ' City Manager .. CITY COUNCIL ACTION ITEM Animal Control Ordinance - Ordinance No. 1609 This ordinance replaces Ordinance No. 1574. Ordinance No. 1574 had a defect which was brought to light as a result of a recent Determination Hearing that was held before our Municipal Judge concerning a vicious dog. The City Attorney has advised that there is a precedence setting case which rules that cases involving possible destruction of animals must be directed to a District Court because the Municipal Judge may not order an animal to be destroyed. The proposed Ordinance No. 1609 is identical to existing Ordinance No. 1574 except for Article 6 which reflects the above change. Recommendation: It is recommended that the City Council approve Ordinance No. 1609. Finance Review Source of Funds: Bonds (GO/Rev.) Acct. Number Sufficient Funds Available . Finance Director Page 1 of 1 1 I, e I I I I I I I Ie I I I I I I I Ie I ANIMAL CONTROL ORDINANCE I' 1609 INDEX ARTICLE 1------------------------------------ Preamble ARTICLE 2------------------------------------ Definitions ARTICLE 3------------------------------------ Dogs and Cats ARTICLE 4------------------------------------ Kennels ARTICLE 5------------------------------------ Estrays ARTICLE 6------------------------------------ Dangerous and --~..-- - , Vicious Animals ARTICLE 7------------------------------------ In General . I I, e I I I I I I ORDINANCE NO. 1609 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 contàins 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: I SECTION 1. Ie I I I I I I I Ie I (A) OWNER: Any person who has right of property in an animal. (B) 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 10 days or longer. (C) DOMESTIC ANIMAL: Shall include all species of animals commonly and universally accepted as being domesticate'd. ,--.--.,--> (D) WILD ANIMAL: Shall include all species of animals which exist in a natural unconfined state and are usually not domesticated. (E) PET ANIMALS: Shall include dogs, cats, rabbits, rodents, birds, reptiles, and other species of 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 may be further restricted in this ordinance. (F) STRAY ANIMAL: (Including Estrays) 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. (G) EST~Y: Means any stray horse, stallion, mare, gelding, filly, colt, mule, jinny, jack, jennet, hog, sheep, goat, or any species of cattle. - 1 - 1 -. . I, e I (H) VICIOUS ANIMAL: (1) Any animal that, when unprovoked, inflicts severe injury or death to a person, or bites or attacks a person on public or private property; or 1 (2) Any animal that has killed or severely injured a domestic animal without provocation while off the owner's property; or 1 (3)- Any animal which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack such that the person reasonably believes, that the animal will cause physical injury to that person; or 1 1 (4) Any individual animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of persons or domestic animals. 1 (I) 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. 1 (J) SEVERE BITE: Is defined 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, without considerations of rabies prevention alone. Ie I (K) 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. I' (L) MENACING FASHION: Means the show by an animal of a disposition, determination or intent to attack or inflict injury or harm to a person or other animal. I (M) 'PROPER ENCLOSURE: Means a house or a building, or in the '.'case of a fence or a structure/pen, the fence or structure/pen must be at'·, least six (6) feet in height. The structure/pen must also have }iinimum 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 violation. The enclosure shall be securely locked at all times. The structure/pen shall have secure sides to prevent the potent'ially dangerous animal from escaping from the enclosure. The structure/pen shall provide protection from the elements for the potentially dangerous 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. 1 I 1 I Ie I - 2 - I I, e I I I I 1 I 1 Ie I I I I I I I Ie I SECTION 1. (N) RUNNING AT LARGE: (1) Off Premises (a) Any dog which is not restrained by means of a leash or chain 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 - Any dog 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. A dog intruding upon the property of another person other than the owner shall be termed "at large". Any animal within an automobile or other vehicle of it's owner or owner's agent shall not be deemed "at large". (0) RABIES VACCINATION: Shall mean the vaccination of a dog, cat or other domestic animal with an anti-rabies vaccine approved by the State Department of Health and administered by a veterinarian licensed by the State. (P) QUARANTINE BY OWNER: (1) Animal must be inside an enclosed structure, i.e., house or garage and must remain there for ten (10) days. (2) If maintained outside, animal must be behind a fence from which it cannot escape and on a chain from which it 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 City Limits of North Richland Hills while under quarantine. ARTICLE 3. DOGS AND CATS .. j. .... IMPOUNDMENT: Animals owned or harbored in violations 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. - 3 - I .... . I· SECTION 2. e I I I I SECTION 3. I I I SECTION 4. Ie SECTION 5. I I I I I I I Ie I DISPOSITION OF IMPOUNDED ANIMALS: If the owner of an animal is known, immediate notice shall be given to him/her. Any impounded animal may be redeemed upon payment of the impoundment fee, care and feeding charges, veterinary charges, rabies vaccination charges and such other costs as set by the Animal Control Division. If such animal is not redeemed within four (4) days it shall be deemed abandoned and may be placed for adoption, subject to payment of the impoundment fee, care and feeding chargès, veterinary charges, rabies vaccination charges, and such other costs as set by the Animal Control Division, or the Animal Control Division may humanely euthanize said animal by injection. DISPOSITION OF IMPOUNDED ANIMAL BEING HELD ON COMPLAINT: 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 violation 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 impounded 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 to the fees and fines which may result from a violation of this ordinance. REMOVAL OF DOGS & CATS 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 office of the Animal Control Division any animal mentioned in this ordinance that may be found "at large" in the corporate limits 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 (48) hours . ,'may subject the person taking up the animal to civil and/or criminal ac'tion. #' 1- _a. 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 agent, or peace officer may enter the property, other than a private dwelling for the purpose of impoundment or issuance of a citation, or both, subject to the applicable provisions of the law. - 4 - I I, · e I I I I I I I Ie I I I I I I *' . SECTION 6. SECTION 7. SECTION 8. CONFINEMENT DURING ESTRUS: Any unspayed female dog or cat in the state of estrus (heat) shall be confined 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 animal. Owners who do not comply shall be ordered to remove the animal in heat to a boarding kennel, veterinary hospital, or animal shelter. 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 and the effective date of this ordinance. (A) IMPOUNDMENT OF NEUTERED ANIMAL First Impoundment----------------------$1o.oo Second Impoundment---------------------$50.00 Third Impoundment----------------------$100.00 Boarding Fee---------------------------$ 6.00 per day Quarantine Fee-------------------------$10.00 per day (B) IMPOUNDMENT OF UN-NEUTERED ANIMAL First Impoundment-----------------------$25.00 Second Impoundment----------------------$50.00 Third Impoundment---------~------------$100.00 Boarding Fee----------------------------$ 6.00 per day Quarantine Fee--------------------------$10.00 per day A $15.00 refund will be given if proof that the animal has been neutered is presented within thirty (30) days of 'the initial imp 0 undmen t . (A) All dogs and cats which are adopted through the North Richland Hills Animal Shelter shall be surgically altered to prevent reproduction in that animal. The person adopting animal shall sign an agreement stating that he/she will have said adult dogs and cats (females over six (6) months of age; males over nine (9) months of age) surgically altered within thirty (30) days of adoption. Immature dogs and cats shall be altered by the date designated in the adoption agreement. J . j.~ . t... . (B) It shall be the responsibility of the person adopting to provide proof of altering to the Animal Control Division of Environmental Services. (C) Failure to comply with this section or failure to comply with 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 permit. Such failure shall also constitute a - 5 - I I, _ I I I I I I I 1_ I I I I I I I Ie I .. . violation of this ordinance. SECTION 1. SECTION 2. SECTION 3. SECTION 4. (D) The adoption fee shall be set to render neutral the cost of surgically altering, medicating and preparing said animal for adoption. (E) All dogs and cats adopted from the North Richland Hills Animal Shelter which are three (3) months or older shall have that animal · vaccinated for rabies with an approved killed tissue vaccine by a veterinarian licensed with the State of Texas within forty-eight (48) hours of adoption. ARTICLE 4. KENNELS 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 is issued by the City of North Richland Hills. The Animal Control Division shall determine, after inspection, whether or not such permit shall be issued. No permit shall be issued for a kennel to operate within 1,000 feet of any residence. Grooming parlors where no animals are to be kept overnight and veterinary clinics shall not be considered kennels. Such permits shall be valid for one (1) year from date of issuance. The permit fee shall be five dollars ($5.00). 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 innnediate vicinity, may have its kennel permit suspended or revoked without prior notice by the Animal Control Division. ~ MULTIPLE 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 4 months of age shall not be counted for purposes of this _iection. Any person, firm, or corporation wishing to keep more than three (3) dogs and two (2) cats or three (3) cats and two (2) dogs and who does not posses a kennel permit, may procure a multiple pet-ownership permit from the City. The permit once issued shall be 'a defense to the terms of this section. Such permit shall be issued through the office of the Animal Control Division for a fee of five dollars ($5.00) and shall be valid for one year from the date of issuance. Such permit contemplated by this section may be revoked by the Animal Control Division if: - 6 - I , . I, e I I I I I I I Ie I I SECTION 5. I I I SECTION 6. I I Ie I (A) The facilities, upon inspection, show that they are inadequate for the number of animals sought 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 each 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 in a 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. (4) The said premises must provide adequate protection from the common elements, i.e, rain, heat, cold. (B) The animals kept are causing a stench or odor which is offensive to a person of ordinary sensibilities; or (C) The animals are maintained in a manner which is dangerous to the health of the animals themselves or adjacent animals; or (D) The animals are causing noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent~ or neighboring premises. (E) Citations have been issued to permit holder for any violation of this ordinance on two (2) separate occasions; or animals covered by the permit have been impounded on two (2) separate occasions. HARBORING WILD ANIMALS: It shall be unlawful to keep or harbor any wild animal within' the city without a permit, except commercial establishments dealing in the sale of such animals which have proper ~ zoning for such a commercial enterprise and have proper facilities for - .the restraint and care thereof. The Animal Control Division and the ci'ty manager or his assistant may issue a permit to allow wild animals ~o,~e kept or harbored in the city, and shall establish the conditions thereof. BARKING DOGS: Any person who shall harbor or keep on his premises, or in or about his premises under his control, any dog or animal of the dog kind which by loud or unusual barking or howling shall cause the peace and quiet of the neighborhood or the occupants of adjacent premises to be disturbed shall be guilty of a misdemeanor, and a separate - 7 - I I, e I I I I I I I Ie I I I I I I I Ie I ,'.. . offense shall be deemed committed upon each day during or on which such violation occurs or continues. SECTION 1. SECTION 2. SECTION 3. SECTION 4. ARTICLE 5. ESTRAYS UNATTENDED ESTRAYS: It shall be unlawful for any person, firm or corporation to allow an estraý(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 two thousand dollars ($2000.00). 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 estrays that may be found in and upon any street, alley, or in or upon any unenclosed lot in the City of North Richland Hills, or otherwise to be found at large, and to confine such estrays for safe 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 office of the Animal Control Division. Each entry shall include the following: (A) The name and address of the person who notified the Animal Control Division of the estray; (B) The location of the estray when fou~d; (C) The location of· the estray until disposition; . (D) A description of the animal including it's breed, color, sex, age, size, all markings of any kind, and other identifying characteristics. ; Þ _a. ' ADVERTISEMENT OF IMPOUNDED ESTRAYS: When an estray has been impounded, the Animal Control Division shall make a diligent search of the register of recorded brands in the County for the owner of the estray. If the search does nor reveal the owner, the Animal Control Division shall advertise the impoundment of the stray in, a newspaper of general circulation in the County at least twice during the next (15) days following impoundment and post a notice of the impoundment of the estray on the public notice board of the 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: - 8 - I I, · e I I I I I I I Ie I I I I I I I Ie I . . SECTION 5. (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; (2) The date the owner discovered that the animal was an estray; · (3) The property from which the animal strayed; (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; (C) The affidavit had been filed in the "Estray Book"; (D) The owner has paid all estray handling fees to those entitled to receive them; (E) The owner had executed an "Affidavit of Receipt" containing at least the following information; (1) The name and address of the person receiving the estray; (2) Date of receipt of estray; (3) Method of claim to estray (owner, purchaser at sale); (4) If purchased at sale, the amount of gross purchase price; (5) Amount of estray handling fees paid; (6) The net proceeds of the sale. (F) The Animal Control Division has filed the "Affidavit of Receipt" in the "Estray Book". FE'~S: For each and every estray taken and impounded there shall be .Jl.aid_ to the City of North Richland Hills by the owner thereof or his agents the sum of fifty ($50.00) dollars for the taking and impounding of the estray and the further sum of ten ($10.00) dollars 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. The owner shall also pay for any veterinarian or drug fees incurred for the animal while it is in the custody of the City. - 9 - ~ I .... . I, SECTION 6. e I I I I I I I Ie I SECTION 7. I I I I SECTION 8. I I Ie I SALE OF ESTRAY: If the ownership of an estray is not determined within fourteen (14) days following the final advertisement required by this Article, title to the estray rests in the City 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 title, free and clear of all claims to the purchaser at the sale. The purchaser of estray at public auction may take possession of the animal upon payment thereof. 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 Division to the City Treasurer. Such net proceeds shall be subject to claim by the original owner of the estray as provided herein. (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; (B) The Animal Control Division has approved the affidavit; (C) The approved affidavit has been filed in the Estray Book. . þ _a. 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. - 10 - I I, ' e I I I I I I I Ie I I I I I I I Ie I SECTION 9. SECTION 10. SECTION 11. SECTION 1. SECTION 2. 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: It shall be unlawful for the owner or harborer of any animal listed in this Article to knowingly permit or cause to be permitted 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 residence or occupied building, or any hog within five-hundred (500) feet of another's residence or occupied building. ARTICLE 6 DANGEROUS AND VICIOUS ANIMALS No person shall own or harbor a vicious animal within the City of North Richland Hills: such an animal shall be impounded as a public nuisance. If impoundment of said vicious animal 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 vicious animal from the premises of the owner or harborer and the impoundment cannot be made with safety, the owner or harbo~er will be given twenty-four (24) hours notice that if the said 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 no~ice, the vicious animal may be destroyed during an attempt to impound, if impoundment cannot be made with safety, wherever the impoundment is attempted. Notice under this section may be verbal or, in writing. A written notice left at the entrance to the premise where the vicious animal is harbored will be considered valid notice under this section. VICIOUS ANIMAL MEANS: (A) Any animal that, when unprovoked, inflicts severe injury or death to a person, or bites or attacks a person on public or private property; or _£B} Any animal that has killed or severely injured a domestic animal without provocation while off the owner's property; or (C) Any animal which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack such that the person reasonably believes that the animal will cause physical injury to the person; or (D) Any individual animal with a known propensity, tendency or disposition to attack unprovoked, to cause 1nJury, or to otherwise threaten the safety of persons or domestic animals. - 11 - I I· '. SECTION 3. e I I I I I I SECTION 4. 1 Ie I I I I SECTION 5. I I 'I Ie I DECLARATION OF A VICIOUS DOG (A) An animal is automatically declared to be a vicious dog under Section 2A and 2B. (B) The Animal Control Division may find and declare an animal to be a V1C10US animal if the Division has evidence before it to believe that an animal is a vicious animal under Section 2C or 2D vicious C) 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 Control Division, setting forth the nature and the date of the act, the location of the event, the owner of the animal, the address of the owner, and the description of the animal doing such act, the Animal Control Division shall investigate the complaint and may determine that an animal is vicious under Section 2C or 2D. NOTIFICATION OF DECLARATION OF A VICIOUS ANIMAL (A) Within five (5) working days of declaring an animal vicious, the Animal Control Division will notify , by certified mail, return receipt requested, the person owning the animal of its designation as a vicious 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 declared to be vicious under Section 2C or 2D, the notice shall inform the owner of the animal that a Determination Hearing may be requested to contest the declaration. The request for a Determination Hearing must be in writing and must be received by the Director of Environmental Services Department or his/her designee no later than five (5) working days from receipt by the owner of the vicious animal declaration. Failure to appeal the declaration of vicious animal within twenty working (20) working days shall result in the Animal Control' Divisions declaration as final. The appeal shall be to a District Court of Tarrant County under the "substantial evidence rule." . ,¡.. .&. DETERMINATION HEARING (A) Upon the written request for a Determination Hearing by the owner of an animal declared vicious under Section 2C or 2D, the Director of the Environmental Services Department or· his/her designee shall schedule said hearing before the Director of Environmental Services. The Determination Hearing shall be conducted within twenty (20) working days of receipt of the request for such hearing. - 12 - I I· '. e I I I I I I I Ie I I I I I I I Ie I ".' . SECTION 6. SECTION 7. (B) The owner shall be notified of said hearing by placing the notice in the United States mail addressed to the owner. Failure of the owner of the animal to appear at the Determination Hearing shall result in the Animal Control Division's declaration as final. Pending the outcome of the Determination Hearing, the animal must be securely confined in a humane manner with a licensed veterinarian, or in the Animal Control Division's shelter. The costs of securing said animal pending the Determination Hearing · shall be borne by the owner. (C) The Director of Environmental Services shall determine whether to declare the animal to be a vicious animal under this chapter based upon evidence, affidavits, and testimony presented at the time of the hearing by the owner, witnesses to any incident which may be germane to such a determination, Animal Control personnel, police or any other person possessing information pertinent to such determination. The Director of Environmental Services shall issue findings within five (5) working days after the Determination Hearing. DEFENSE TO DECLARATION OF VICIOUS ANIMAL It is a defense to the determination of an animal as V1C10US and to the prosecution of the owner of an animal previously declared to be vicious: (A) If the threat, injury, or damage was sustained by a person who at the time was committing a willful trespass or other tort upo~ 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 observed or reported to have teased, tormented, abused or assaulted the animal; or (C) If the person was committing or attempting to commit a crime; or (D) If the domestic animal killed was at the time teasing, tormenting, abusing, or assaulting the animal; or (E) If the animal was protecting or defending a person within the ..¿' j.,- immediate vicinity of the animal from an unjustified attack or assault; or (F) If the animal was injured and responding to pain. DISPOSITION OF DECLARATION HEARING (A) In the event that the animal is determined to be vicious the Director of Environmental Services shall order the animal to be euthanized in a safe and humane manner by a veterinarian or at the North Richland hills Animal Control Shelter by a trained Euthansia Technician. - 13 - I I· \ e I (B) The Director of Environmental Services may find that the animal in question is "potentially dangerous" but not vicious. If the animal is declared potentially dangerous, the owner must adhere to each of the following requirements, which are ordered by the said Director of Environmental Services. I (1) The animal must be licensed in accordance with this ordinance; and I (2) The potentially dangerous animal must be kept in a proper enclosure; and I (3) The owner must present to the Environmental Services Department a Certificate of Public Liability Insurance in the amount of fifty thousand dollars ($50,000) to cover any damages caused by the potentially dangerous animal. The insurance shall be for a twelve (12) month period renewable each year and shall not be cancelled unless the animal is no longer kept in the City by the owner; and I I I (4) The potentially dangerous animal, when taken outside the enclosure, must be securely muzzled in a manner that will not cause injury to the potentially dangerous animal nor interfere with its vision or respiration but shall prevent it from biting any person or other animal; and the potentially dangerous animal must' be restrained by a substantial chain or cable leash having a minimum tensile strength of one thousand pounds (1,000) and not to exceed six (6) feet in length; and Ie I (5) The owner shall post a sign on his/her premises warning that there is a potentially dangerous animal 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 potentially dangerous animal; and I I (6) The potentially dangerous animal must be spayed or neutered; and I _ã. jp- (7) The owner must attend a class on responsible pet ownership conducted by the Environmental Services Department. I (8) Further identification may be required and designated by the order of the Director of Environmental Services. I (C) If the owner of an animal declared to be potentially dangerous under this Article is unable or unwilling to comply with the ownership requirements listed above, the animal shall be euthanized by the North Richland Hills Animal Control Shelter Euthanasia Technician or a licensed veterinarian. An animal declared to be potentially dangerous under this Article shall not be offered for adoption or sale. I Ie - 14 - I I I· ' e I I I I I I I Ie I I I I I I I Ie I 'II'. ... SECTION 8. SECTION 9. (D) In the event the Director of Environmental Services rules that the animal in question is neither vicious or potentially dangerous, said animal 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 animal as well as any other requirements set down in this ordinance. (E) Any appeal may be taken from the order of the Director of · Environmental Services, issued under this Article, by filing suit in a District Court of Tarrant County, Texas within twenty(20)days of the Order. Hearing before the District Court shall be under the "substantial evidence rule". (F) If an animal is declared to be vicious under this ordinance, and if the animal is not in the possession of the Animal Control Division, the owner must surrender the said animal to the Animal Control Division when ordered to do so by any Animal Control Officer. The order to surrender may be verbal or in writting, handed to or mailed to the owner by ordinary mail. If the owner fails to immediately surrender the animal the Animal Control Division shall have the right to take the animal into its possession from the premises of the owner or elsewhere, whereever the animal may be found within the City. If the animal 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. NOTIFICATION OF CHANGE OF STATUS The owner/keeper shall notify the director of Environmental Services Department or his/her designee within twenty-four (24) hours if a potentially dangerous animal is loose, unconfined, has attacked another animal, or has attacked a person, or has died, or has been sold or given away, the owner/keeper shall provide the Director of Environmental Services Department or his/her designee with the name, address, and telephone number of the new owner/keeper. The new owner/keeper must sign a sworn statement that he/she will comply with all of the' requirements of owners of potentially dangerous animals. . : The new owner/keeper must comply with the requirements of owners of po.tentially dangerous animals within ten (10) days of ownership of .Fot~ntially dangerous animals. PENALTIES FOR VIOLATION (A) The owner of a dog declared to be vicious under Section 3 shall be subject to a fine of not less than $200.00 but not more than $2,000.00. - 15 - I "".. . I· : e I I (B) It shall be a violation of this chapter for a vicious or potentially dangerous animal to kill or wound, or assist in killing or wounding any domestic animal belonging to or in the possession of any person, or for a vicious animal to attack, assault, bite or otherwise injure any person or assist in attacking, assaulting, biting, or otherwise injuring any person while out of or within the enclosure of the owner whether or not such vicious or potentially dangerous animal was on a leash and securely muzzled or whether the vicious or potentially dangerous animal escaped without fault of the owner. The Animal Control Division is empowered to confiscate and destroy such vicious or potentially dangerous animal in a expeditious and humane manner. In addition, the owner shall be subject to a fine of not less than $200.00 and not more than $2,000.00. I I I (C) It shall be a violation of this chapter for the owner of a vicious animal to: I (1) Fail to have the potentially dangerous animal licensed in accordance with this chapter; or I (2) Have a potentially dangerous animal outside the enclosure unless muzzled and restrained on a leash or chain as set out in Section 7; or Ie (3) Fail to have a proper enclosure to confine the potentially dangerous animal; or (4) Fail to post signs around the premises with warning signs that there is a vicious premises; or clear visible animal on the I I (5) Fail to secure and maintain public liability insurance of at least $50,000.00 or; I (6) Fail to have the vicious animal neutered or spayed; or (7) Fàil to attend the class on responsible pet ownership conducted by the Environmental Services Department; or I _~ i- (8) Fail to notify the Environmental Services Department of a change of status as set out in Section 6. I If the owner of the vicious of potentially dangerous animal is found to be in violation of any of the above, the owner shall be subject to a fine of not less than $200.00 but not more than·$2,OOO.OO. I (D) Exemptions The provisions under this enforcement agency where enforcement. section shall not apply to any law an animal is being used for law I Ie - 16 - I I , '." . I· \ e I I I I I I I Ie I I I I I I I (' I SECTION 1. SECTION 2. SECTION 3. SECTION 4. ARTICLE 7. IN GENERAL VACCINATIONS: 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 ten (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 after a ten (10) day observation period beginning with the date of the bite, scratch, or attack. 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. (B) The date of vaccination. (C) The type of rabies vaccine used. (D) The year and number of the rabies tag. (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 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 issued by the Animal Control Division or their agent upon payment of the required fee for _~ach cat or dog. The license fee for cats and dogs shall be $4.00. Before a City License will be issued, the owner of the cat or dog must present a certificate 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 good for one year from date of issuance. - 17 - I '* . I, ! e I I I I I I I Ie I I I I SECTION 5. I I I Ie I TAG AND COLLAR: Upon payment of the license fee, the City shall issue to the owner a license certificate and metal tag having stamped thereto on 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 Division 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. REVOCATION OF REGISTRATIONS (A) The Environmental Services Director or his/her designee may revoke any cat or dog registration 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. (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 registration certificate. (3) Any combination of (1) and (2) totaling (3) incidents. (4) Upon a determination that the cat or dog is a vicious cat or dog, as defined by Article 6. (B) Upon revoking the registration 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 registration revoked shall be kept, maintained, or harbored within the City limits. ..' jp -.. REPORTING BITES: Every physician or other medical practitioner who treats a person or persons for any animal bite shall within twelve (12) hours report such treatment to the North Richland Hills Environmental Services Department 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. - 18 - I " I ~ ~ SECTION 6. e I I I SECTION 7. I I I I Ie I I I I SECTION 8. I I I Ie I 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 North Richland Hills Environmental Services Department stating precisely where such animal may ·be found. If a known or suspected rabid animal bites or scratches a domestic animal, such incident shall also be reported as required above. CONFINEMENT OF DOGS AND CATS (A) Any owned dog or cat which has bitten 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 with State Law. If the dog or cat is not confined on the owner's premises, confinement shall be by impoundment in the North Richland Hills Animal Shelter, or at any veterinary hospital of the owner' choice. Such confinement shall be at the expense of the owner. Stray dogs and cats whose owner cannot be located shall be confined in the North Richland Hills Animal Shelter for a period of three (3) days and if unclaimed shall be destroyed and the brain of such animal innnediately submitted to a qualified laboratory for rabies examination at the victim'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 or cat for impoundment, prescribed in this section. Home quarantine as defined in Article 1, Section 1-K may be allowed only in those incidences 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 shall constitute a separate and individual violation. (B) Any wild animal considered "high risk" according to State Law, which bites or scratches. a person shall be caught and humanely killed and the brain submitted for rabies examination. Those wild animals which are classified as "low risk" animals shall be handled as dictated by State Law. CREATING A HEALTH HAZARD. ..¿. J. _ (A) Any person who shall harbor or keep on his/her premises, or in or about a premises under his/her control, dog or cat or pet animal, and who shall allow 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. - 19 - I ~.' . I_ t f e I I I 1 1 I I Ie I I I I I I I Ie I SECTION 9. SECTION 10. SECTION 11. (B) Any person who shall allow his/her dog or cat to eliminate on the property of another shall be guilty of a misdemeanor. GUARD DOGS. All dogs kept solely for the protection of persons and property, residential, commercial or personal, shall be registered with the North Richland Hills Environmental Services Department. 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, sta-ting "GUARD DOG ON PREMISES". Said area or 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. Said dog shall be issued a tag varying in color from City license tag, so designating that animal's function for a five dollar ($5.00) fee. Said tag shall be attached to the collar or harness of the dog at all times, and shall bear the words "GUARD OR ATTACK DOG". Dogs registered under Section 9 shall not be required to purchase a City License tag as designated in Section 4, but shall be required to comply with the guidelines in Section 4. TAMPERING WITH TRAPS AND EQUIPMENT. No person shall remove, alter, damage, or otherwise tamper with a trap or equipment set out by the Animal Control Division. · ANIMAL CARE (A) No owner shall fail to provide his animal(s) with 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. (B) 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. (C) No person shall abandon an animal in his custody .. jÞ .~ (D) No person shall give away any live animal as a prize for, or as a 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. (E) 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 .localhumane society. - 20 - I I·. I I I I I I I Ie I I I I I I ~e I I j } :. '. .. SECTION 13. SECTION 14. SECTION 15. SECTION 16. (F) 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 the prudent 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. AUTHORITY TO DESTROY INJURED/DISEASED ANIMAL: The North Richland Hills Environmental Services Department, 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 had been made to locate the owner of such animal. 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 thousand ($2,000) dollars. 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 be 10 days from passage and publication as required by law. Passed and Approved this ATTEST: day of Tommy Brown, Mayor Jeanette Rewis, City Secretary ...~ .J. ~ Approved as to form and legality Rex McEntire, Attorney - 21 - .. .' CITY OF NORTH RICHLAND HILLS I De artme t" Community Development Council Meeting Date: 5/22/89 4If p n" Ordinance Amending Ordlnance No. 310 and adoptlng tne Subject: 1987 Edition of the Electric Code - AgendaNumber:GN 89-61 Ordinance No. 1605 I I I I I I I I I I" I I I I I I I The City is currently working under the 1984 Edition of the Electric Code. The staff is requesting that the 1987 Edition (the most current edition) of the Electric Code be adopted. If Ordinance 1605 is adopted we will be using the same code as the architects and electricians. The second section deals with our permit fee schedule. The current schedule is both outdated and extremely difficult to use. Permits are currently figured on a count basis, for example: (3 switches, 4 receptacles, 1-100 amp service, 2 ceiling fans, etc.). With one clerk at the permit desk, she must take the information given to her and figure the permit cost from the fixture count given. There is abuse in this system and lost revenue to the City. Our current schedule does not allow for any type of minimum fee, for example: (Temporary power pole fee $3.00, sign hook up $7.50). These small fees do not even begin to cover the cost of processing a permit and sending an inspector to the job site to do an inspection. We have loaked into several ways to streamline a fair and workable system. The fee schedule attached has been thoroughly studied by the staff and we feel it is fair and in line with other cities. There are areas where larger fees will be created and in some areas smaller fees will be created. It further carries a minimum fee of $30.00 which is more' in line with actual cost of service performed. Mr. Joe Crane' of Northeast Electric worked with the staff in development of this ordinance. Recommendation: It is recommended that· the City Council approve Ordinance No. 1605 J . JW""' .- Source of Funds: Bonds (GO/Rev.) Operating dget Other Finance Review Acct. Number Sufficient Funds Available ÐJ) « '1Il/ H City Manager , Finance Director Head Signat CITY COUNCIL ACTION ITEM Pace 1 of 1 r. Ie I I I I I I I Ie I I' I I I I I Ie I ORDINANCE NO. 1605 AMENDING O~DINANCE ~O. 1136; ~EFINING CERTAIN 7E~MS; PROVIDE ~OR ADO?TING TEE 1987 ~~ITION OF TH~ NATIONAL ELECTRIC C0DE AND FG7wRE AMENDMENTS AND REVISIONS; ?ROV:DING NEW PE~MIT FEES; ?ROVIDING FOR A $1,000.00 FINE FOR VIOLA7:0NS; AND R~P~AL:NG A~L ORDIXANCES AND PARTS OF ORDINANC~S IN CO~FL:CT HERETO; PROVIDING A SAVING CLAUSE; AND PROVIDING ~5AT THIS ORDI~ANCE SHALL 3E IN FORCE AND EFFECT FROM AND AFTER 7EE DATE OF ITS ADOPTING AND PUBLICATION. BE IT ORDAINED BY THE CITY COU~CIL OF T5~ CITY OF NORTH RICHLAND HILLS, TEXAS, that: SEC':'~ON 1. ~he :987 Editio~ of t~e Nat~onal Elec~ric Code be hereby aãopteå as the ~lectric Coåe of this City. future =evision or amendment to the National Code be effective in t~is City. · and is Any shall S~CTIO~ 2. Fees. T~e fees to be chargeã under the 1987 National Electrical Code shall be as follows: A. :. ~esiàential Squa=e Feet þ ~ _a. 1500 or less 150:-2000 2001-3000 3001-4000 400:-5000 $50.00 $75.00 $100.00 $125.00 $150.00 $150.00 +.005 per sq. ft. 5001 0::: :TIore 2. Remodels, repairs a:lë. aàditions :-:0 out:'e"ts or less ~~a~ 500 Sq:1.:.2.::-'e feet $30.00 o\te!' : 0 out lets 0::: ~o~e tha~ 500 squa~e feet: $30.00+ .01 per sq. :.: t . I . . Ie I I I I I I I Ie I I I I I I I Ie I 3. Mu.l t: i - F am i 1. \r $50.00 per 1.:nit c. Cowmercial .. tenant f~~ish, remodels, repairs or aà.ãitions 1-:0 outlets or less thaI! 500 sq. :=t. $30.00 over 10 outlets o~ :no=e t~an 500 sq: . == t . $30.00~ .01 pe~ sq. -+=+ ..'-. 2. New Commercial Co!:.st~uction Sq1:are ::ieet 500 or :ess 501 - 5000 5001 - 100,000 :00,00: - 5CO/OOO 500,001 $30.00 $25.00+.0: $30.00+.009 $230.00+.007 1230.00+.005 D. Othe:::, ·.:empora~y "':) - $30.00 each. _ o_e 2 . Ylooi le Homes 530.00 3 . Signs $30.00 4 . Construction T::,ailers $30'.00 each 5 . Swimming Pools $30.00 6 . 7empo=ary ?owe!' $30.00 7 Se=~Jice Cha:lge $30.00 .. ,j. .&. . B. All com~ercia: ~ui:di~gs, lease spaces, change 0: owne~ships, temporary lease space or te~porary ve~ëor shall have a~ electr~cal i~spec~io~ a~ a fee of $ 30.00. c. A~y ?e~son who fails, ~eglects or ref~ses ~o co~ply w~t~f O~ resist the enforce~e~t of any o~ ~~e provisio~s of ~~is sec~~o~ sha:l be =i~ed not :ess t~a~ =i~ty do::ars (S5G.OO), ~or ~ore tha~ o~e thousa~è do~:a=s ($:,000.00) for eac~ o£=e~se. ~ach day a violatio~ is ?er~i~~ed to exis~ s~a:: co~stitute a sepa=a~e o=fe~se. I . . Ie I I I I I I I Ie I I I I I I I Ie I SEC:':ON 3. Xot to :ss~e to Contracto~s ~ailing to Co~~ect ~e£ects. ..:'·al.~ure o:! "the part of an~r registered e':'ectrica': cO!1t~actor to correct any defect, erro= or deficie~cy i~ a~y wor~ installeå ~~åe~ the au~~o=i~y of an electrical permit issued to him, within ten (10; ca:e~èa~ days 2fte~ wri~te~ ~otifica- tio~ thereo= by tne 3uilà~nç :nspector, or within such f~rtner reasonab:e ti~e as ~ay upon req~es~ be prescrioeã, the 3uil¿ing Of=~cia: snall, wit~out f~rt~er notice sLop the :ssuance of permits to suc~ registe~ed e:ec~~ical cont~actor ~ntii such corrections ~ave bee~ maàe, inspecteà and approved. I~ addition thereto, t~e pena:ty provided for violation of this ordinance may ~e enforced. ?ASSED AN~ A??~OVE~ TE:S T:-:E 22ND -:JAY OF MAY : '389 . A??~OVED: Y..A '.tO~ . AT=::::S:: c:::·! SECRETAR~~ A??~OV~~ AS TO ~OR~ AND ~EGAL=:Y: ~ . j. ., crr:-:! AT':ORXEY rt ~ ~\, v.J...._ O~ NORr-!~~ R ~ C--- A""-D ~ ~~ ~ ~..::. l.::L .it,: EI~::"S I I Department: eUbject: I CITY OF NORTH RICHLAND HILLS . r.· ~ Finance Proposed Utility Revenue Bond Refunding S~L.i.~:;j 1989-B ~ 5/22/89- Council Meeting Date: GN 89-62 Agenda Number: I In January, 1989, the City Council approved a proposal to refund all existing debt for the Water and Sewer Enterprise Fund. City Council was advised by Mr. Harold McInroe of First Southwest Ccrnpany that in order to canply with legal requirements the issues should be split and the second sale or refund should be a minimum of 31 days fran the first. That waiting period has expired, and it is now timely to proceed with the second and final phase of the refunding. A restataœnt of the advantages and disadvantages are listed as follO\\TS: ADVANTAGES 1. Under the present covenants and present level of earnings, the City has no flexibility to sell any additional revenue bonds for the Wate:rworks and Sewer System. In the event of a catastrophic loss, the City would be placed in an untenable position. 2. When the refunding is canpleted and with the present level of earnings based on our present rate structure the new covenant will give the City the flexibility to sell approxima.tely $6,000,000 of additional revenue bonds when needed at a future date. . 3. Addi tional benefi ts fran new covenants are as follows: a. The ability to Self-insure the physical plant of the Water and Se\Ver System. (CUrrent provisions require cœmercial insurance) . b. Additional flexibility to sell bonds on projected revenues. (Presently the City must have historical coverage). DISADVANTAGE - . Extends debt obligations for 2 additional years. The addi tional cost of the extension of the debt would be approxima.tely $1, ~OO , 000. However, the additional cost occurs prima.rily in years 2007 and 2008 and the canputed present value cost would be approxima.tely $39,000. Finance Review nt Head Signature CITY COUNCIL ACTION ITEM N/A Source of Funds: Bonds (GO/Rev.) . Operating Budget Other ~ ~~jJ , Finance Director City Manager Page 1 of 2 I' I I I I I I I I I I I I I I I I' I I Although our original projections indicated a present value cost of approximately $18,000, City Council was apprised that the market. condition might change and either increase or decrease that amc>unt. Our Fiscal Agent and our Auditors have reviewed the proposed refunding and concur with the staff that the refunding is in the best interest of the City. Recœmendation: It is recœmended that the City Council authorize the refunding as described above in the anDunt of approximately $6,679,000 of Water and Sewer Revenue Bonds Series 1989-B. '1 ' ¡.. , .~ CITY OF NORTH RICHLAND HILLS I CITY OF NORTH RICHLAND HILLS ~.. . I .ubject: I Department: Parks and Recreation Community Development Block Grant - North Richland Hills Senior Citizens Center Council Meeting Date: Agenda Number: 5-22-89 GN 89-63 I The North Richland Hills Senior Citizens Center has been approved to receive a $60,000 Community Development Block Grant (CDBG) for improvements to the Center. This grant does not require matching funds from the City. The City is, however, contributing architectural fees and staff services to coordinate the project which is being facilitated in conjunction with the Tarrant County Community Development Division. I I Tarrant County and City Staff have met with the North Richland Hills Senior Center Council to determine the optimum use for building and program enhancement with these funds. The Senior Council prioritized the addition of a large multi-purpose room (for exercise and dance type activities) and the addition of a separate sink/basin (for pouring ceramics) as their primary needs at this time. It was determined that these requests could be met within the funds available by building a multi-purpose addition, approximately 1200 square feet, to the east end of the existing building. Minor renovation to the interior of the existing building would accommodate requests for a ceramics sink/basin, centralized restrooms, and the enlargement of a classroom for quilting activities. The exterior design of the new addition will be consistent with the existing building. The construction of the new building addition will require the removal of an exipting garage apartment. Staff is recommending removal of this structure due to safety concerns involving access (steep, narrow stairs), inadequate electrical wiring, and questionable construction. I I A general concept plan for this building project was presented and approved by a general ~nsensus of the senior center participants at meetings held on April 4 and May 2, 1989. "'-he Parks and Recreation Board unanimously recommended acceptance of the Community , Development Block Grant and endorsed this project proposal to City Council at their May 1, 1989 meeting. Project drawings are ready for preparation by architect~ at this time and bid packets could be prepared by the Tarrant County Community Development Division within 30 days. RECOMMENDATION: It is recommended that the City Council take action on the Parks and Recreation Board and the Senior Center Council recommendations to accept the $60,000 Community Development Block Grant and proceed with the project. ~ þ .'- Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other -~\;- ~~ Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available ¡It . Finance Director Page 1 of I . ' I ~ - I ~ ~ c.!) I ~ c.!)' z I § >< ~ I ~ ~ ~ I II I I ~------ --..-..-........-..--. -. 5':':'(;,~ ., '. , ' I ~- ~ - ,. '~..-_....,...,., ~ - 1 I -.a' t) ~ ~¡ . . i i f . ¡ :. , ! ¡ ï M ~ I I I I I I I - I I ! . H. !; .----.. -~ ..---.-....--'\ 1~ -.__.-. '. 'i} :} ù\ ..... ~ ~ ¡ ~ \J\ ~ I· '1 I î û \¡r ,. . ~Lf -4 . ¡.. .-¡.. ~ ~ í .:J ] z CI) H E-t Cl)UQ~ ;áH~~ ~ UCI) ~P:::c.!) ~ ~~Zc.ðCl) <UH 0 E-t ~CI)P-4 CI)~::::>E-t~ zoo~::::> H~P-4<P-4 ~ E-t ~< OQ 00 ~~ CI) ~c.!)::::> ~OZE-t t!)UH< ~UE-t~ «~< ~ HP-4 zO::::>P-4 ~E-ta< I, i I'.; , ,. - i¡ I ì,' ~ ~ 0= p...:>-t ~H :::>ÇQ~ p...~o ~ I µ:J 0 µ:JHOO~ ZE-too H< P: ~ ----l I I i f1 ~ ~ ~I~ I I r,_J CI) ~~ ....:IH ~~~ O~....:I OE-tH ~zu E-t~< Cl)U~ ~ ~µ:JE-t ~z ~H~ E-t:>H <oz U~~ OP-4:>' H Z µ:Joo ~E-tt.) i. ~ ~ E-t Z µ:J U ~ o ~ H OZ Z 00 Z ~ ~H < Cl)Z E-t H. 0 ~H P-4 Cl)H CI)~ E-t~~~Q~~ P-40H>Z~ ~~::CO<Pc.!) U Z P-4Z Z Qµ:J IH o Z~ H~ U < E-t....:l 53 S~ U ~ÇQ H ~ ::x:: H ~ o Z " I I Department: I eUbject: CITY OF NORTH RICHLAND HILLS Administration 5/22/89 Council Meeting Date: Request of Mr. Dale E. Jones, 7140 Hightower Drive Agenda Number: GN 89-64 to be connected to City sewer service. I I On December 15, 1987 Mr. Jones filed an application for a Short Form Plat on Lot 1, Block 1, Jones Addition. On December 24, 1987 the City Engineer's comments were passed ,on to the Planning and Zoning Commission. Engineering comments (attached) included a total street escrow of $9,197.19 and the fact that an additional 6 foot R.O.W. should be dedicated across the front of the property. On January 4, 1988 Loyd Bransom Surveyors, Inc., representing Mr. Jones, were notified of the engineering requirements for the Plat. A Certificate of Occupancy was issued for an addition to his home by the City with the understanding that the platting process would be completed. No action was taken to complete the platting process and on February 29, 1988 and September 22, 1988, the applicant was notified that no action was being taken on their part to complete the platting process. I On October. 8, 1988 the City received a letter from Mr. Jones (attached) retracting his platting application "based on the costly requirements that the City of North Richland Hills has presented to me in order to follow through with our plans to replat the property". On April 24, 1989 Mr. Jones contacted Bob Miller to review the above case. A meeting 4IÞbetween Mr. Jones and. his wife, C. A. Sanford, Kevin Miller and Bob Miller was set up on May 8, 1989. Mr. Jones was told at this meeting that he would be required to sign a covenant by which the City could assess him for future improvements on Hightower Drive. It was explained that 'this process 'was established by Subdivision Regulation and that the same would be expected of any applicant for Platting. Mr. & Mrs. Jones, being concerned with their existing septic system, asked how to appeal this decision. They were advised to contact C. A. Sanford requesting an appearance before Council concerning their request to be connected to city sewer service without meeting the requirements of the City of North Richland Hills Subdivision Ordinance. RECOMMENDATION: .;;. i-. It is recommended that the City Council hear Mr. Jones' request and make a determination relative to allowing him to receive city sewer service. I I Oper I e Oth r '- Finance Review Acct. Number Sufficient Funds Available I ;er1-~ , -- t Head Signature City Manager CITY COUNCIL ACTION ITEM , Finance Director Page 1 of 1 ~ I I Ie I I I I I I Ie· I I' I I I I I Ie I '.' , May 11, 1989 C.A. Sanford Assistant City Manager City of North fichland Hills P.O. Box 18609 North Richland Hills, Tx. 76180 Dear Mr. Sanford: Thank you for taking the time to meet with my wife and I onJJ/8/89 concerning our desire to have our home connected to ·the city sewer system. However, due to the very strict and costly requirements that were presented to us, it is our feeling that the City of North Richland Hills is making it impossible for us to connect' to city sewer service. Therefore, we are requesting to be heard by the City Council · at the earliest possibl~ date in hopes of reaching a mutuålly acceptable solution to this problem. ./ ' Dale E. Jones l) ~j;' ~ : . I·~~: ,~ ..'. . f"'. . r.· .~.' . ' I Ie I I I I I I Ie I I' I I I I I Ie I ( ( October 8, 1088 - - -- Wanda Cal vert Planning & Zoning Coordinator 7301 N.E. Loo~ 820 P.O. Box 18600 N. Richland Hills, Tx. 76180 Dear Mrs. Cal vert, In reference to your letter of Septmber 22. 1088, I hope this will help you to close the files on PS 87-50 JONES ADDITION. . . Based on the costly requirements that the City of No. Richland Hills has presented to me in order to follow through with our plans to replat the pro~erty located at 7140 Hightower Dr., I hereqy retract any such request. In addition, I hereby request that any monies paid by me to the City of No. Richland Hills in the form of permit fees, application fees, etc., in connection with this case be refunded to me promptly since I hav~ not · received the services that .the funds were intended. See itemized figures below. $121.50 Short form plat - Your receipt # 0028)40 - See copies encl. $ 15.00 Recording Fee "" It."" $300.00 Zoning Request " " #0029591 " " " $439·50 ~otal refund amount due to me from the Ci ty of No. Richland Hills. I hope that this helps you to clear your files. and. I await your prompt reply. s:¿' ¥' , ale E. J~f3 7140 Hig 0 er Dr. . No. .Rich Hills,· Tx. 76180 I ' ' . " , , I Ie I I I I I I Ie I II I I I I I Ie I ( r City of J(8rth Richland Hills, Texas ~' - -:::;;.. - !~ f December 24, 1987 Memo to; Planning & Zoning Commission REF(=~ ÞWM::0107-87 'From: Gregory w. D'i'èkens,' P .E'.· . ~~sist~nt (D::irector of Public t-lorks/Uti1ities Subject: PS 87-50; JONES ADDITION, Lot 1, Block 1, Final Plat We have reviewed the referenced material and offer the following comments. 1. Outline site locatioIl on "vicinity map". 2. Show current zoning of property on~plat. 3. Label northwest corner of proper'ty as "POINT OF BEGINNING". 4. Street escrow is due at $58.51 per front foot for 157.19 feet. The total escrow required will be $9,197.19. This is assuming an R-l, R-2, or R-3 zoning. 5. A 10" sanitary sewer line exist on the north side of Hightower Drive. The existing and any proposed structure pn this lot should be provided with service from the public 'sewer main. 6. Right-of-way deØication on Hightower Drive should be based on 34 feet from the centerline of the old right-of-way. Approximately 6 feet'more should be shown to be dedicated across the frontage of said Lot 1. cc: Mr. Rodger N. Line, City Manager Mr. Richard Royston, Director of Development (817) 281-0041/7301 N.E. lOOP 820/P.O. BOX 18609/NORTH RICHlAND HillS, TX 76118 .. I I I I I I I I I Department: CITY OF NORTH RICHLAND HILLS Economic Development 5/22/89 Council Meeting Date: Improvement of Fossil and Singing Hills Creek Channels GN 89-65 I ran Horse Go 1 f Course Agenda Number: .' . Subject: The heavy flooding which occurred on May 5th and May 16th caused extreme silting of Fossil and Singing H~lls channels. This silting is causing a back water effect to the 'extent that the 10' x 10' structures under Highway 820 cannot be used for cart crossing. The flooding also caused extensive erosion of the creek banks along holes 7, 9, 10, 11, 14, 15, and 18. If allowed to remain as is, playability of the course over the next five years will be severly effected. The City Staff has prepared a recovery plan which accelerates the construction effort and has identified the following construction items. 1. Dredge Fossil and Singing Hills channels. $20,000 2. Provide gab ions along banks of Fossil and Singing Hills at #7 and D10 greens, #7 and #10 tees, nIl green, #9 tee and #17 tees. $90,000 3. Added gabions on rock rip rap at each low water crossing. TOTAL $26,000 $136,000 ~The Staff is requesting authorization to proceed with the above cònstruction items òn an emergency basis. This allows us to obtain bids without public notice and therefore lessens the impact on· the construction schedule. Funding Source: Funds are to be acquired through restructuring the present Golf Course Budget (elimination of satellite restrooms and redesign of club house). RECOMMENDATION: It is the Ad Hoc Committe and the Staff's recommendation that City Council deem this situation as an emergency situation allowing the City to obtain bids without public notice. 0" ¿ ;,.. Finance Review Acct. Number Sufficient Funds Available r ~~ Department Head RIfj/~ City Manager , Finance Director CITY COUNCIL ACTION ITEM Paoe 1 of _ 1 ~-,~.'j :;r:<~,~\ ',-"',-r ?},J-':':-~~-'·._'~è"',- ::_:::t< 1': "::,;: )';0 .. -t-- .- ~.--~-,.~'~: c" ,,;t~ ·'>'~"'~':";~/>\"l;<4~'~~.J;w~~ß;;f"'(';l~~,"~,),;ç.'~"[~:"<f.""'!\',:'J""':~"':' .'j' ',."", x,,,,,,c>'A" \:''''i'\:','" "','.' ",. ,...~ '",,';' """,""'" , I .. ' CITY OF NORTH RICHLAND HILLS Department: ~ Approval of Golf Course Earth Work Contract ~Ubject: Economic Development Council Meeting Date: GN 89-66 Agenda Number: 5/22/89 Change Order No. 2 Due to heavy rains in February, extensive flooding occurred in areas A, B & C. The result of the flooding was to expose roots of downed trees and brush well beyond the norm. The Bruce Company in order to maintain schedule was instructed to use their equipment to perform fine root raking on a hourly basis. This operation is performed by using a bulldozer outfitted with a fine root rake. This work was completed April 27, 1989, before our recent flooding. The cost of Change Order No. 2 is $8,470. Funding Source: Sufficient funds are available in the Golf Course Budget. RECOMMENDATION: The Staff and the Golf Course Ad Hoc Committee récommends the Council approve Change Order No. 2 in the amount of $8,470. ; j,. -~ Source of Funds: Bonds (GO/Rev.) Operating Budget Other f\. ~'fVwL- Department Head Signature CITY COUNCIL ACTION ITEM Finance Review Acct. Number Sufficient Funds Available - K:rif~ City Manager . Finance Director r,.,·,'.·.···.I·.··"c-.···. ' ~- Î< ';Ti Page 1 of 1 "., \.? " -, '-~:'r' ,"',:"",' >~ . ;'L, .,~~'.: :;:'~¿'iI"~;4;<~i,i¡¡:r''.''>:'J.::-.:,:ti,''.~:i't'.¿"~~ ".'~"<', '1Á'!'i£: .r.;_.,"?-""'C"J!". :r ~, ....;:.¡. :,ai"~."';I:',..,.. I CITY OF NORTH RICHLAND HILLS , , I Department: , I -SUbject: Economic Development Approval of Golf Course Earth Work Contract Council Meeting Date: GN 89- 67 Agenda Number: 5/22/89 Change Order No. 3 ¡n order to improve the playability of Hole #3, the Architect recommended extending #3 tee out into Fossil Creek. The Architect also recommended that the face of the tee be protected by rock facing. This work was completed April 21, 1989. The cost of Change Order No. 3 is $12,000. Funding Source: Sufficient funds are available in the Golf Course Budget. e RECOMMENDATION: . The Staff and the Golf Course Ad Hoc Committee recommends the Council approve Change Order No. 3 in the amount of $12,000. .- jfr .-~ Source of Funds: Finance Review Acct. Number Sufficient Funds Available ~I' ¡ Department Head Signature CITY COUNCIL ACTION ITEM æ 1ft /~ City Manager t Finance Director r Paae 1 of 1 I CITY OF NORTH RICHLAND HILLS ".. . I Economic Development . Department: ~ Approval of Golf Course Earth Work Contract I ~ubject: · Change Order No. 4 5/22/89 Council Meeting Date: GN 89- 68 Agenda Number: I I Due to changes in th~ drainage along Highway 377 made by the Highway Department 'increasing the run off across fairway 03, it became necessary to add an additional twenty-four inch drain structure. This work was completed on April 19, 1989. The cost of Change Order No.4 is $5,227.75. Funding Source: Sufficient funds are available in the Golf Course Budget. ~ RECOMMENDATION: 4ItThe Staff and the Golf Course Ad Hoc Committee recommends the Council approve Change Order No.4 in the amount of $5,227.75. · · · I Source. of Funds: Bonds (GO/Rev.) a Operating Budget IwrOther ~ ; Þ -.. . Finance Review Acct. Number Sufficient Funds Available I Department Head Signat CITY COUNCIL ACTION ITEM « ~/t¡ ,:I~~ . City Manager , Finance Director Pace 1 of 1 'Y\ , ," , ;""':k~~'?~lY";"'':';'''''''':','''l'f'V "''iw''f' t'" ,"'1'.. ,'; . <."'~ I CITY OF NORTH RICHLAND HILLS I " D~partment: I -SUbject: Economic Development 5/22/89 Approval of Golf Course Earth Work Contract Council Meeting Date: GN 89-69 Change Order No. 5 Agenda Number: I I I I I I After grading on #4 ~airway, an underground spring was found and therefore it was 'recommended by the Architect to install a four inch drain system. This work was completed on April 14, 1989. The Cost of Change Order No. 5 is 3,075. Funding Source: Sufficient funds are available in the Golf Course Budget. RECOMMENDATION: ~II ~The Staff and the Golf Course Ad Hoc Committee recommends the Council approve Change Order No.5. ~II ~~I ~]I I t., ~I 11 :1 s~~~~es ~~~~~~:,~ :1 e gt:g=- =ttf )~~J~~ Department Head Signature CITY COUNCIL ACTION ITEM * J. ..... Finance Review Acct. Number Sufficient Funds Available I (<2 ~Vloê~ City Manager , Finance Director Pace 1 of 1 I WI'· CITY OF NORTH RICHLAND HILLS .... . I ~epartment: I Subject: Economic Development 5/22/89 Request for Authorization to Proceed with the Council Meeting Date: GN 89-70 Agenda Number: Sale of $265,000 in Contractural Obligations for Equipment at Iron Horse Golf Course I I I I I I Ie I I I I I I I I I Attached is a listing of that equipment which will be necessary to operate Iron Horse Golf Course. Harold McInroe of First Southwest has provided the following information: A. Cost of Equipment $250,000 Issuance Cost 15,000 Total Required $265,000 B. Estimated Interest Rate 7.25 - 7.75% C. Timing for sale of Contractural Obligations 1. Council authorization to proceed with sale of contractural obligations -'May .22, 1989. 2. Upon receiving approval to proceed, First Southwest will place the bonds in the private market. It is anticipated that this will take approximately 45 days. 3. When buyers are identified, First Southwest will once again appear before Council to seek the passage of an Ordinance authorizing the sale of the bonds. RECOMMENDATION: The Ad Hoc Committee and the City Staff recommends City Council approval to proceed with the sale of $265,90 of Contractural Obligations for equipment at Iron Horse Golf Course. ... , 1- .-¡.. Finance Review Source of Funds: Bonds (GO/Rev.) gf:;~t'ng Budget == J~ IJ ~ ~ A ~~. . .~ Z "^-vJ'- f! I!I ~ Depart~t Head Signatur - . -ity Manager CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available , Finance Director Page 1 of 1 I I~ I I I I I I I Ie I I I I I I I Ie I . I F~Ot~ 1-1[JF~SE: GC¡LF (:(]LJF~~:)i=: E C:llJ I 1=' t-:1 E r,J ·r B tJ D (~F.~ -r PREPARED BY: RECREATIONAL 4/1·7/8-=-:; GOLF COURSE MATURATION E (] I.J I F' t"1 E.~ t,~ 1·· F' LJ F~ C H {.i S E F' ¡::1 I I::;: l¡,1 ~:~ \{ f':1 (] t.'J E~ f:;: .iAt~I) -rfJe)l_ E; (4 'r I,.) 4 l"J I-~ E~ E: L. 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'i \i'H .",,'i'-Y' . . i," ',','", I CITY OF NORTH RICHLAND HILLS Department: .Ubject: Public Works - 5/22/89 - Council Meeting Date: Agenda Number: PU 89-15 Approval to Purchase a 0 .198 Acre Tract out 0:1: the ~ames Matthews burvey, A-IDS!, Hal tan City, Texas The City has been negotiating with Stewart Delivery Service, Inc. to purchase a 75' x 115' tract of land on the northwest side of Stanley-Keller Road approximately 800 feet northeast of the Beach Street & Stanley-Keller Road intersection for a "booster purrp station" site. The booster pump station is necessary in order to draw water from our authorized service point on the City of Fort Worth's Beach Street Water Main and purrp it through our proposed 18 inch "Beach Street Water Transmission Main" which will be located down Stanley-Keller Road and Cedarcrest Drive, across Diamond Oaks Country Club, through Diamond Loch, up Glenview Drive, down Honey Lane to Harmonson RQad into our existing 12 inch water line. The booster purrp station provides us ~éapability to. deliver the design volume of water at our system pressure. The owner of the property and the City staff have reached an agreaœnt as· to the "contract of sale" (see attachments). The total amount proposed to be paid for the referenced tract in accordance with the "contract of sale" is $17 ,250. The sale price is equal to $2.00 per square foot. Funding Source: Sufficient funds have been appropriated for the Beach Street Water Main project and the cost of acquiring the property to locate the booster purrp station can be appropriatél y , charged to that project. The account number is 02-86-02-6700. ~amœndation: The staff recœmends approval to purchase a 0.198 acre (75' x 115") tract out of a 2.5 acre Tract 3P, James Matthews Survey, A-1051 in Haltan City, Texas for the amount of $17 , 250 fran Stewart Delivery Service, Inc. Finance Review Source of Funds: Bonds (GO/Rev.) _ Operating Budget ., Other: REV . Fmance Director ent Head Signature CITY COUNCIL ACTION ITEM . .. PanA 1 of 1 I:' Ie I I I I I I I Ie I I I I I I I Ie L OONTRAcr OF SALE Seller: Stewart Delivery Service, Inc. Buyer: City of North Richland Hills, Texas Description of Property: A 75' x 115' tract out of the following described larger tract: 2 . 5 acres being Tract 3P of the JAMES MATI'HEWS SURVEY, A-105l, Haltcm City, Texas The location of the 75' x 115' tract is shown on the plat attached hereto and made a part thereof. Consideration: $17,250.00 of which the buyer will pay the s~ of $10,000.00 at closing, with $7,250.00 vendbr1s lien note secured by Deed of Trust. ' The note of $7,250.00 will be paid when seller completes obligations as listed below. Seller Obligations: 1 · Provide a survey of the tract by a Registered Public Surveyor. 2. Initiate the platting procedure, including payment of all required fees, with the City of Haltan City. 3. The north (rear) 65' of the tract will be raised to the current 100 year FEMA flood plain elevation of 589'. The south (front) 50' of the tract will be inclined or sloped downward to the proposed curb elevation on Stanley-Keller Rood. . 4. Execute Warranty Deed. 5. Seller will bring the property to the 589' flood plain within 60 days of the date Haltcm City cornœnces actual street reconstruc;tion of Stanley-Keller Road. (This excludes utility lowering.) 6. The Seller will furnish the survey before closing and will initiate platting procedures immediately upon closing. 7. If Seller does not tiIœly camply with any of these conditions, buyer has the option of canpleting the conditions and not paying the $7,250.00 consideration balance. Buyer Obligations: IDrE : 1. Construct and maintain a booster pump station on the tract to these general specifications: Approximately 18' x 32' in size; set back approximately 60' fran Stanley-Keller Road; the building will be surrounded by a chain link fence at least 6' in height; a concrete drive will be constructed and maintained fran the building to the street; that portion of the lot in front of the building shall not be used for any type of storage. This agreenent is subject to the City of North Richland Hills City Council approval. Executed in multiple originals effective the I? day of May, 1989. S'I'EWARI' DELIVERY SERVICE, INC. ~.1h.~~ent 3900 N. Beach Street Haltan City, Texas 76117 c~ -=- 00:7 /JCHIAND HILŒ, nxAS ~Þ/IhdJ Buyer 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Ci -- . . ~ , .r . 0 '. (( ~ I , . ,. 0 . «,:. w. .' ~ I" :- - : ..: .... :. .~ . , .. .. !' - . " ," .:~:~ ?t~~~ . . , . , . I ~ .:: ::~::' .',. + _.<,""~= . . .r.·:~~~~~~:<"Q~·~·$}e;" r~~'r I'; f;~~~,:. ~.$/~~..:.... 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';..' ... ,- ,;..... _ 't'::\:':: .', . ~' :~'~'~~.'~:.< ~··:;.~~:;;~,~:~~;.i~~~':~~"( ~ ~~?'j, ;i~~'~, ©~,~-\; ~:: · :;::'..-: : ~'..'. ,:,:~' ..', ":; .,., '0·, Ç> ~ ,; -: :':>';-'-~ " ' '. ~. \~;~.~::~. · ~: :::: J~'(~F :.. (:~\'~~~~..' ?\~ : ~~) :..: O' , <;'. .' ' . \J":> '. '. " . . >,:";:':'-' . "',:": .- I... . .. , : . .' .. . . -. .- . I . . e. ....., . _ . _'.. .. ~ '.' ~ . ...:"~ . . ... .0. . .. .. . . '.. . .,. . ". . o· . . ..-. .. . . ~. * ~..", ", . . '·0 '. . -.. :.. 0 ~t I .._ .. . ~. . ~ '. .. ... ·....·0. ..~. . . . . . . :" ~ ";~ ~::'~:... . " :-..... ~. . - . I:: . ... -.. CITY OF NORTH RICHLAND HILLS Department: _Ubject: Public WOrks/Utilities ~ 5/22/89 _ Council Meeting Date: Agenda Number: PW 89-21 Award of Bid on Beach Street Water T:r:ãl!5hå.ssio11 Mail! Irnp:roven\ents Bids were received on the subject project on May 15, 1989 and the low bidders with respect to the "base bid + alternates" are as shown below. Bidder Amount Calendar Day Bid Time J. L. Bertram Canst. Circle "c" Canst. Architectural Utilities $ 945,149.19 967,130.84 1,186,165.94 150 220 240 ..- ., .. A portion of the additive alternate bid amount covers the additional oost to the City for the contractor to bore under all driveways and streets which intersect wi th U. S . Hwy. 377 due to the Texas Department of Highways & Public Transportation requirements. The additional cost associated with the boring is $30,894.39. The other portion of the additive alternate bid amount covers the additional cost to install PVC plastic pipe (ANSI/AWWA C-905) instead of ductile iron for the proposed 16 inch and 18 inch diameters. The addi tional cost associated wi th PVC versus ductile iron pipe is $55,066.48. Funding Source.: .uffiCient funds have been appropriated for the Beach Street Water Main. umber is 02-86-02-6700. The account Recœmendation: The staff recœmends award of the project to J. L. Bertram Construction in the amount of $945,149.19 for a period of 150 calendar days. Finance Review Source of Funds: Bonds (GO/Rev.) _ Operating Budget ., Othe REV See above .. ~ ~ . Finance Director ent Head Signature CITY COUNCIL ACTION ITEM City Manager . .. 1 PaOA 1 of I Ie I I I I I I I Ie I I I I I I I Ie I KNOWL TON-ENGLISH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas May 17, 1989 Honorable Mayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 -~ . Ré: 3-556, CITY OF NORTH RICHLAND HILLS' BEACH STREET CONNECTION YATER LINE" BID TABULATION Bids were received on May 15, 1989, for the 'referenced project. This project includes construction of a major water transmission main which will provide an additional source of supply from Fort Yorth to the southwest part of North Richland Hills.' This main will begin at Beach Street in Fort Yorth, then extend along Stanley-Keller Road in Haltom City from Beach Street to Denton Highway, then along Cedarcrest Drive, continuing across the Diamond Oaks Country Club, and eastward through the Diamond Lo'ch Addition to Glenview, Honey Lane, and Harmonson Road in North Richland Hills. Attached are vicinity- maps showing the general location of the proposed water transmission main. A section of the proposed water main will also be constructed along Denton Highway, U.S. 377, from Stanley-Keller to Tourist Drive in the North Hills Addition. Bids were received f~om a total of six (6) contractors. The base bid and alternate bid amounts for the low bidders are shown below. The base bid includes ductile iron pipe and open cuts across pavement and driveways. The alternate bid includes the extra cost to the contractor to bore or tunnel under streets and driveways in lieu of open cuts. The alternate also includes PVC pipe in lieu of ductile iron. The order shown below is based on the Base Bid plus Alternate. Low Bidder < J.L. Bertram> Next Low Bidder < Circle 'c' > Third Low Bid <Archit. Util.> Exist. Budget Base Bid $ 859,188.32 $ -863,140.44 $1,102,698.92 $1,000,000.00 Alternate 85,960.87 103,990.40 83,467.02 0.00 Base+Alt. $ $ $1,186,165.94 $1,000,000.00 945,149.19 967,130.84 Calendar Days 150 220 240 230 The two low bidders are below the budgets available for this project. The . -. 1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267-3367 I Ie I I I I I II I Ie I I I I I I I Ie I May 17, 1989 BEACH STREET CONNECTION YATER LINE Page actual total construction budget for this project is $1,525,000. However, about $525,000 of the total $1,525,000 is to be used for construction of a booster pump station on Stanley-Keller Road. The $1,000,000 budget is for construction of the water line only. Ye would recommend award based on the Alternate Bid of PVC in lieu of ductile iron, and boring pavement and driveways instead of open cuts with pavement patching. 2 Reconstruction of Stanley-Keller Road in Haltom City is currently in progress, and J.L. Bertram is the contractor for the Haltom City project.;· In the absence of any negtive reports concerning the low bidder, J.L. Bertram Contruction & Engineering, Inc., 1007 Harrison Avenue, Arlington, Texas 76010, we would recommend award to that company in the amount of $945,149.19. for a period of 150 Calendar Days. ' Ye will be present at the May 22, 1989, Council meeting to answer any questions you'may have concerning this project. .~ RICHARD Y. ALBIN, P.E. RYA/ra Enclosures cc: Mr. Dennis Horvath, Deputy City Manager Mr. Greg Dickens, P.E., Director of Public Yorks Mr. Lee Maness, Director of Finance Mr. Larry Jones; City Inspector . .. ~. .. 4 .. í .. . ~~ ~ ~ I , , , ~~ , PUM P ~TAr-no~ 10 . 13~ e,\D , _1~epAJ2AìE.L.L , , , , , , , ,e , ~ -- ..' .....:: . -...... Ii I='- . ,n=- ,-.~ '- ~ -: ¡ - - _. _ _ . _ -= t' ~ c:::.... _ ~. _ .. - ~ . -' ...--:'-' . .. ". I. . l -.. -.- I. ~.-:.. ~. ·-.·f~ l';-· ~ - . :" _'. r .... '-' 1.8. 820 ".;:..:.. -_~ _. '.J. \.."t· "Û' .J~ .:.:" -: -- ~:;. I' · I 1..'4~' / .' ~ · · · · .~. .' \ t:' > --,. . ./. .' ;,..-. "1' - I J I J -! I . -... - ! '. · -._ ~ '- ~ " \ \ \ '. Y'" __- _ _·.Jš - -... ,_ .' _..."..' I . ~ · , (' ~. ". ~_. :f.~",,~.~~ 1 t --:,~. . '.. _ ~~,= ~1~n,I.J I , ~(ò I I _ -- ~.-T·-~1 .-,'" .. ,e. -'..... ~ , -I. --.. r 1, .. .,. ... _ I_ '--. , -'.- ~ ·:'::::"1 .... . ': _: I J :--~ - ..~ .. ---".- - ~. .- ~. . t.. . _. , . __ _. , ---.J!- ~~ :-~..:- ". - -=: _~. ..=.... ' -. '~" i-. ~ .:. -:: :~:;' ...... :~. - .::...: -. - a-:-~ .j.. -. -.:: . .4 ,~ I' . - -~ ,I '-. .. .......~.. ".' -.. C. .. , . . ' .~, -~--.; '--.' , --' '. 'í \, \ ...~. , - ,.(--- :-' ...... .' .. _.-J I ' '- . '_ ".!-_/I : I:':' J -- i r- - J )IIi" · i - .:~ ~~~, ~: . 1·- · . ..ü.: ;' i ~. '),b CI ty of Ríchland Blll. - - -- ..t.-'-:1' .~. ~~~.~.; 'l.~!_:~';- c,. ',. . ~ .. -:. - ~ ~ I~~'-~,.I. ~.... 3· 556 BEACH STREET VATER TRANSMISSION MAIN ~. .,~ "'Þ ~.~ . v From Beach Street to Barmonson Road Total Estimated Cost. $ 1,590,000 Scheduled Complete: ~ry, ~ . F¿b, 11'10 CITY 0' NORTH IICBLAND BILLS. TIXAS . . fI .