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Home My WebLink AboutCC 1989-07-24 Agendas I I I I I I ,I ~I I I I I I .~I I ,I I I I CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA JULY 24, 1989 - 6:00 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. IR 89-55 Request by Laidlaw Waste Systems, Inc. for Rate Increase (5 Minutes) 2. IR 89-54 Letter from Mr. Robert Marks Regarding Water Line Replacement (5 Minutes) 3. IR 89-57 Criteria for the Naming of Streets and Public Facilities (10 Minutes) 4. PZ 89-9 Reconsideration of Ordinance No. 1615 Rezoning Tracts 2A & 2A3, S. Richardson Survey, Abstract 1266 and Tracts lA & lAl, A. Hood Survey, Abstract 683, from their present classifications of R-l Single Family, C-2 Commercial and AG Agriculture to R-2 Single Family (B.H. & L. Joint Venture) (Agenda Item No. 10) (5 Minutes) 5. GN 89-94 Animal Control Shelter Advisory Committee - Ordinance No. 1516 (Agenda Item No. 16) (5 Minutes) I I I I I I I I I I I I I I I I I I ,I . . Page 2 õ NUMBER ITEM ACTION TAKEN 6. GN 89-60 Animal Control Ordinance - Ordinance No. 1609 (Agenda Item No.. 11) (10 Minutes) .... 7. GN 89-92 Child Care Ordinance - Ordinance No. 1617 (Agenda Item No. 14) (5 Minutes) 8. GN 89-87 Amendment to Ordinance No. 1539, Establishing Teen Court Ordinance Advisory Board - Ordinance No. 1614 (Agenda Item No. 13) (5 Minutes) 9. GN 89-76 Public Hearing in Consideration of Adoption of Impact Fees for Drainage Facilities (Agenda Item No. 12) (5 Minutes) 10. IR 89-56 Fossil Creek Lighting System (5 Minutes) 11. Items on Consent Agenda not on Pre-Council - (Item Nos. 16 & 17) (5 Minutes) 12. Possible Work Session (5 Minutes) 13. Other Items (5 Minutes) I I I I 'I I I I I \1 I I I I 'il I I I I Page 3 - NUMBER ITEM ACTION TAKEN 14. *Executive Session (5 Minutes) a. Personnel b. Briefing on Pending Litigation c. Review of Progress on Land Acquisition 15. 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. 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 JUL Y 24, 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 July 10, 1989 5. Presentations by Boards & Commissions None 6. Removal of Item(s) from the Consent Agenda 7. Consent Agenda Item(s) indicated by Asterisk (13, 14,16, 17 & 18) 8., Special Presentation of "Yard of the Month Award" 9. Special Presentation by North Richland Hills Baptist Church - Mr. Paul Paschal 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 10. PZ 89-9 Reconsideration of Ordinance No. 1615 Rezoning Tracts 2A & 2A3, S. Richardson Survey, Abstract 1266 and Tracts lA & lAl, A. Hood Survey, Abstract 683, from their present classifications of R-l Single Family, C-2 Commercial and AG Agriculture to R-2 Single Family (B.H. & L. Joint Venture) 11. GN 89-60 Animal Control Ordinance - Ordinance No. 1609 12. GN 89-76 Public Hearing in Consideration of Adoption of Impact Fees for Drainage Facilities (Recessed at the June 12, 1989 City Council Meeting) *13. GN 89-87 Amendment to Ordinance No. 1539, Establishing Teen Court Ordinance Advisory Board - Ordinance No. 1614 (Postponed at the July 10th, 1989 City Council Meeting) *14. GN 89-92 Child Care Ordinance - Ordinance No. 1617 15. GN 89-93 Appointment to Library Board *16. GN 89-94 Animal Control Shelter Advisory Committee - Ordinance No. 1616 I I I I I I I I I I I I I I I I I I I . . Page 3 · NUMBER ACTION TAKEN ITEM *17. *18. 20. PAY 89-04 Approve Final Pay Estimate #4 in the Amount of $10,606.98 to J.l. Bertram Construction, Inc. - Emerald Hills Way and Emerald Court Paving and Drainage Improvements PAY 89-05 Approve Final Pay Estimate #13 in the Amount of $56,578.58 to Austin Paving - Starnes Road Street and Drainage Improvements 19. Citizens Presentation Mrs. Pam Pietrykowski 7112 Greenhill Trail Re: Street Work Adjournment 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. IR 89-55 Date: July 27, 1989 Subject: Request by Laidlaw Waste Systems, Inc. for Rate Increase Attached is the letter from Laidlaw Waste Systems requesting a rate increase and saœ additional infonnation. The City Manager, Deputy City Manager and myself met with rbnn Buliach from Laidlaw on July 11, 1989 and discussed 'Che proposed increases. Further infonnation from Laidlaw has been requested. We recarmend that the Council direct the City Manager to utilize the appropriate staff nanbers and conduct an in-house review of the rate increase request. Upon canpletion of the review by staff, a recorrmendation will be brought to the Council for their action. GWD/ds attachment ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS. TEXAS ·- _i I. I _J I ~ I _J I _J I_J I _J I I J . ] I ] ] ,- ] -'] -] -] .-] 1'1! ßr JfF.'>- ~ ~ I!If 1ft! ~J.IJj/ ~>.. ~'MI J¡¡¡f LAIDLAW WASTE SYSTEMS INC. July 10, 1989 Mr. Rodger Line City Manager City of North Richland Hills P.O. Box 18609 North Richland Hills, Texas 76180 Dear Mr. Line, Enclosed is a request from our company requesting a review of solid waste collection rates in your city under the terms of our current agreement. In order to keep the City of North Richland Hills informed of changes in regulations and other issues pertaining to the solid waste industry, we have listed a number of items that merit your consideration in the future. First, we have requested a contractual rate increase review. Second, the Texas Legislature has amended the Texas Solid Waste Disposal Act, adding additional fees to dispose of refuse in municipal solid waste landfills. These fees will go directly to the state. We ask that consideration be given to a rate adjustment at the appropriate time. Copies of the bill and a Council of Governments' summary are attached. Third, landfill rates are scheduled to increase March 1990. Since there will be no increase review for another two years, we request that consideration be given to a rate adjustment at the appropriate time. Our explanation of these issues is contained in the third section of this summary. I realize that the number of issues complicates the rate review process but each item has a very real impact on the cost of providing quality service both to Laidlaw and the North Richland Hills community. Should we be able to provide further information or answer any questions please do not hesitate to call. Thank you. IN/ds 6100 ELLIOTT REEDER ROAD, FORT WORTH, TEXAS 76117 (817) 332-7301 I· Ie I I I I I I I Ie I I I I I I I Ie I "J INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 8Q-S4 Date: July 27, 1989 Subject: Letter from Mr. Robert Marks Regarding Water Line Replacement We have investigated our water main repair records concerning the Sunny Meadows Addition. Attached is a sumnary of the number of repairs we have made on the water mains in this Addition since 1985. Review of this sumnary shows that Gayle Drive fran Newman Drive to Pearl Street is the only water main in this addition that currently has had an excessive number of repairs. Due to the relatively short length of this block (500 feet) and the absence of any obstructions other than driveways, the Public W:)rks/Utility Depart:Iænt would recœmend that we replace the water main utilizing our own staff and equipnent. We may take longer to finish the work than a contractor, but if the haneowners can bear with us, we feel. sane Ironies can be saved. Respectfully subnitted, . . , s ic W:)rks/Utilities GWD/ds attachrœnt . ISSUED BY THE CITY MANAGER NORTH RICHLAND HillS, TEXAS I, 4 Ie I I I I I I I Ie I I I I I I I Ie I Gayle Drive: 5-31-89 2-29-89 2-17-89 1-2-88 12-11-87 11-17-87 11-17-87 9-16-87 8-29-86 7-9-86 7-9-86 6-17-86 8-9-85 Pearl Street: 6-17-86 5-17-85 5-15-85 3-20-85 CITY OF NORTH RICHLAND HILIS, TEXAS Water System Repair Records Sunny Meadows Addition 6255 Gayle 6275 Gayle 6212 Gayle 6275 Gayle 6253 Gayle 6267 Gayle 6275 Gayle 6271 Gayle 6271 Gayle 6271 Gayle 6271 Gayle 6275 Gayle 6271 Gayle Pear 1 & Frieda Pearl & Frieda Pearl & Frieda 8212 Pearl Frieda Street: 5-8-87 6-19-85 Shirley Drive: Frieda & Newman 6309 Frieda 11-24-87 6275 Shirley I· Ie I I I I I I I Ie I I I I I I I Ie I Robert Marks 8224 Pearl Street North Richland Hills, Texas June 21, 1989 City Council - North Richland Hills P.o. Box 18609 North Richland Hills, TX 76180 Dear Council Members: My name is Bob Hills, Texas. Boulevard. Marks, and I reside at 8224 Pearl Street, North Richland This is in the Sunny Meadows Addition, located off Davis The main artery into the addition is Newman Street. It is getting a whole new water line, a new street, and other improvements. This has sorely been needed for some time now. I called the Engineering Department and spoke to Mr. Kevin Miller about any other possible water or street improvements to any adjacent streets. He stated that to the best of his knowledge that there wasn't any. I want to make everyone aware that there have been numerous water line repairs on every street in the addition, such as Frieda, Shirley, Pearl, and Gayle. Some locations such as the corner of Frieda and Pearl have been dug up at least six to eight times. Sometimes a break occurs, and the water leaks out for days before it is contained and repaired. The great majority of homeowners all have hot water heaters that are loaded with sand that has infiltrated the water supply. Many, including my own have had to be replaced. My suggestion is this. Since the neighborhood is torn up anyway, why can't the remainder of all these aging lines be replaced also? We're talking about 6 inch diameter and smaller. I think if you check the work orders you will see that the repair work is considerable. Instead of plowing more money into repairs, why not replace and get that problem off the books. As far as funding, why not use the funds that are left over when a hard bid project comes in under budget? I know these funds are available. It's a matter of allocating them. I'll be looking forward to your reply, and I know you will do the right thing because you have in the past. q;lBou~~'lS Bob Marks 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. IR 89-57 ';j~=- Date: July 24, 1989 ~ Subject: Criteria for the Naming of Streets and Public Facilities Attached for City Council consideration is an outline of criteria recommended by City CounciJ Committee, Byron Sibbet and Mack Garvin, in consultation with the Attorney, Rex McEntire. Respectfully submitted, ;ef/l Þ Rodger N. Line City Manager RNl/ph Attachment - ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS I .. . " t. ~~...~. I,'" . ",' I I I I I I I Ie I I I I I I I Ie I ·~I. Person's whose names are considered for the naming of public buildings, parks, streets or other facilities will meet the following criteria: 1. Deceased 'for not less than one year. 2. Must meet the following requirements: - .~. a. Resident of North Richland Hills for not less than one year. b. Resident of Tarrant County. for not less than five~years. c. Have made a significant personal contribution to the community, state or nation. d.Name must not at the time proposed be used as a name for for any of the locations listed in paragraph I. . , II. Name selection procedure: 1. Submit name to city secretary for precouncil consideration. 2. Propose name in precouncil for consideration of all qualifications listed in paragraph I.2. 3. No action taken next council meeting. 4. Subit name for approval as a resolution at the following council meeting. 5. Approve resolution of name with a 3/4ths "yes" vote . - . t I ." .... . ' . .. ,f ... I , -;~:.. ;~:;:;-~.~~~i::~~.;ii::.~. la', ;',' I Ie I I I I I I I Ie I I I I I I I Ie I :t:-,-"-;I- _.~~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. I R 89-56 'tJ^tt c:::::::: x 71F Date: July 24, 1989 Subject: Foss; 1 Creek L i ghti ng 'System The attached. memorandum and photos from Jim Browne, Director of Parks and Recreation, point out the seriousness of the problem we are now faced with at Fossil Creek Park. As you recall this situation was discussed at the Pre-Budget Work Session conducted on June 27, 1989. The Parks Department was able to work with the Girls Softball Association and the few remaining games on their schedule were relocated to other fields. However some parents may be contacting the City Council as these fields have been closed until further notice. The funds of the new lighting system will be discussed at the Budget Work Session to be held in August. Respectfully submitted, 2~t~ Deputy City Manager DH/ph Attachments ... 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 City of Xðrth Richland Hills, Texas MEMORANDUM PARKS AND RECREATION DEPARTMENT July 20, 1989 TO Rodger Line, City Manager Dennis Horvath, Deputy City Manager FROM: Jim Browne Director of Parks & Recreation SUBJ: Fossil Creek Lighting System As you are aware, a very serious structural failure of a 35' light pole occurred at Fossil Creek Park on Thursday, July 14, 1989. The attached photographs illustrate the potential for serious injury or the loss of life which we were very fortunate to avoid in this particular situation. The liability concerns, especially under our current self-insured status, are obvious. I have taken the precaution of closing the ballfields for safety reasons to the primary user group, The North Richland Girls Softball League, and the general public until such time as the fields can be determined to be safe. A field test conducted by Gifford Electric on the current stability and structural integrity of the existing twenty-nine (29) poles showed at least five (5) additional poles to ~ave decayed to an equivalent degree of the pole which fell. The remaining 23 poles were in generally unacceptable condition but not decayed or rotted to the degree of the six (6) poles of greatest concern. Based on the best information available these light poles may have been in place for approximately 15-20 years which greatly exceeds their life expectancy. The Parks and Recreation Department has spent considerable funds in recent years to "fix-and-patch" this aging and decaying lighting system. We are currently assessing the feasibility of recommending the complete replacement of this aged system with a new, safer, more cost efficient system designed to last a minimum of 50 years. Although we are still evaluating various systems a preliminary budget estimate of approximately $100,000 to provide a "Turnkey" ligllting systelD for all three (3) fields would be appropriate. (817) 281.0041"301 N.E. lOOP 8201P.0. BOX 18808INOATH AICHLAND HillS, TX 78180 I Ie I I I I I I I Ie I I I I I I I Ie I There are a number of attractive benefits to installing a modern lighting system which include: Reduced electricity charges due to the use of energy efficient metal- halide lamps and fixtures in lieu of the current quartz fixtures. (savings estimated up to 50% on electricity usage) Reduced maintenance costs due to specifying maintenance baskets on new poles. (Currently we must rent a lift truck, approximately $450.00 per day.) Also, new systems use less fixtures & bulbs resulting in less replacement cost. Improved quality of light will provide a safer play environment for high risk athletic activity involving the children & youth participants. A new lighting system can be installed using fewer light poles (Steel) which are capable of providing better light without necessitating any outfield poles. This would provide an opportunity to expand our facilities to meet the minimum specifications of 200' outfields necessary for our facilities to be selected to host area, regional, state, or national tournaments. Although this concern is minor in relation to our safety concerns, the potential tourism & economic impact that these events generate are a factor to be considered. A short term immediate repair of the existing system would cost an estimated $1,000 per pole to replace. A minimum of $6,000 would be required to replace the six poles we know to be hazardous including the one which has already fallen. To replace all 29 poles a budget estimate of a minimum of $30,000 would be required. These estimates all include parks department personnel removing the poles from the premises. It is my opinion, if funds are available, that the most cost effective long term solution would be to replace the existing system with a modern, safe, energy efficient "Turnkey" system. I will be happy to provide any additional information you may need in this decision making process. However, I would like to emphasize my safety concerns relative to our existing system condition and will not re-open the ballfields until directed by you or council. I· I ,: ~ e I I I I I I I Ie I I' I I I I I Ie I ~,.~ I- I .: ~ e I I I I I I I Ie I I' I I I I I Ie I I · I. · I I I I I I I Ie I I I I I I Ie I I I Ie I I I I I I I Ie I I I I I I I Ie I MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JULY 10, 1989 - 7:30 P.M. 1. CALL TO ORDER .... ' Mayor Brown called the meeting to order July 10, 1989, at 7:30 p.m. Present: Tommy Brown Richard Davis Lyle E. Welch Mack Garvin Frank Metts, Jr. Charles Scoma Byron Sibbet Linda Spurlock Staff: Rodger N. Line Dennis Horvath C.A. Sanford Jeanette Rewis Rex McEntire Greg Dickens 2. ROLL CALL Mayor Mayor Pro Tern Councilman Councilman Councilman Councilman Councilman Councilwoman City Manager Deputy City Manager Assistant City Manager City Secretary Attorney City Engineer 3. INVOCATION Ms. Nancy Nelson gave the invocation. 4. MINUTES OF THE REGULAR MEETING JUNE 26, 1989 APPROVED Mayor Pro Tem Davis moved, seconded by Councilman Garvin, to approve the minutes of the June 26, 1989 meeting. Motion carried 6-0; Councilman Scoma abstaining due to absence from the meeting. 5·. PRESENTATIONS BY BOARDS & COMMISSIONS A. MINUTES OF PARK & RECREATION BOARD B. MINUTES OF CABLE TV BOARD C. MINUTES OF BEAUTIFICATION COMMISSION Mr. Line advised there were no representatives present, this item was for information only. No action was required. I Ie I I I I I I I Ie I I I I I I I Ie I July 10, 1989 Page 2 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilwoman Spurlock removed Item No. 12 and Mayor Pro Tem Davis removed Item No. 16 from the Consent Agenda. 7. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (13, 14, 15, & 17) APPROVED Councilman Metts moved, seconded by Councilman Sibbet, to approve the Consent Agenda. Motion carried 7-0. 8. PZ 89-9 PLANNING & ZONING - PUBLIC HEARING _ REQUEST OF B.H.& L. JOINT VENTURE TO REZONE TRACTS 2A & 2A3, S. RICHARDSON SURVEY, ABSTRACT 1266 AND TRACTS lA AND lAl, A. HOOD SURVEY, ABSTRACT 683, FROM R-l (SINGLE FAMILY), C-2 (COMMERCIAL) AND AG (AGRICULTURE) TO R-2 (SINGLE FAMILY) (LOCATED EAST OF KELLER-SMITHFIELD RD. AND NORTH OF GREEN VALLEY DRIVE) Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. John Barfield, 416 Louella, appeared before the Council. Mr. Barfield stated he would like to bring the Council up-to-date on the prior proceedings on this particular zoning request. Mr. Barfield stated that several months ago he had applied for R-2 zoning on this tract and it went through Planning and Zoning without any opposition. Mr. Barfield stated that when the case was presented to the Council there was considerable opposition and the issue died. Mr. Barfield stated that he had understood that the property to the east would be zoned R-l and instead it was zoned R-3 and R-2. Mr. Barfield stated he therefore felt that his property should be zoned R-2 also. Mr. Barfield stated that his request was the property be zoned R-2. Councilman Garvin stated that when the request was presented to the Planning and Zoning Commission they approved the zoning with the stipulation of 2,000 square foot houses and require either side or rear entry garages or front entry garages if set back 25 feet from the front building line. Councilman Garvin asked Mr. Barfield if he agreed with the stipulations. Mr. Barfield stated he did not see any problem with the stipulations. I Ie I I I I I I I Ie I I I I I I I Ie I July 10, 1989 Page 3 Councilman Scoma stated he felt the front entrance garages should be eliminated and there be rear or side entrance garages only. Councilman Scoma asked Mr. Barfield if he would consider donating open space for a neighborhood park. Mr. Barfield stated he had no problems with the restrictions or the donation of the property. Mayor Brown called for anyone wishing to speak in opposition to please come forward. Mr. Jack Knowles, 7955 Smithfield Road, appeared before the Council. Mr. Knowles stated he lived adjacent to the property in question. Mr. Knowles stated he had heard discussion on several different occasions and it always seemed the interest was in up scale development. Mr. Knowles stated they would then come back and want to retreat from the proposition. Mr. Knowles stated he hated to see the City retreat from the R-l zoning. Councilman Scoma stated that by placing these restrictions on the R-2 zoning the houses would actually be larger than the houses in R-1 zoning. Mr. Knowles asked how the restrictions would be controlled if the property changed owners. Mr. Line stated the City did have a system in place that attempted to enforce all of the provisions that the City Council placed on any kind of zoning change. Mr. Knowles stated that somewhere down the road when the property changed hands two or three times someone could come in and see that it was R-2 zoning and build smaller homes. Mr. McEntire stated the restrictions would be placed in the ordinance. There being no one else wishing to speak Mayor Brown closed the Public Hearing. 9. ORDINANCE NO. 1615 APPROVED Councilman Garvin moved, seconded by Mayor Pro Tem Davis, to approve Ordinance No. 1615 with the stipulation of 2,000 square foot houses, side and rear entrances only, and that there be two ISO' x ISO' open spaces for parks. Mayor Pro Tern Davis advised a lot of the restrictions would be enforced during the platting stage. Motion carried 7-0. I Ie I I I I I I I Ie I I I I II I I Ie I July 10, 1989 Page 4 10. GN 89-20 CLOSING HEARING AND LEVYING ASSESSMENTS FOR IMPROVEMENTS OF SMITHFIELD ROAD - ORDINANCE NO. 1596 (TABLED AT THE 6/12/89 CITY COUNCIL MEETING) APPROVED Councilman Garvin moved, seconded by Councilman Sibbet, to approve Ordinance No. 1596, with the second roll attached. Motion carried 7-0. 11. GN 89-86 RECONSIDERATION OF SELECTION OF DELINQUENT TAX ATTORNEY Councilman Welch moved, seconded by Councilman Sibbet, to reconsider the vote by which Heard, Goggan, Blair & Williams, Tax Attorneys, were hired at the June 26th City Council Meeting. Councilwoman Spurlock spoke against the motion. Motion carried 6-1; Mayor Pro Tem Davis, Councilmen Garvin, Welch, Metts, Sibbet and Scoma voting for, and Councilwoman Spurlock voting against. Councilman Welch moved, seconded by Councilman Sibbet, to engage the services of the McCreary firm as the City's tax attorneys. Councilman Scoma discussed the overall problem and expressed the opinion that the firm the City had been using for 25 years was doing an excellent job and there was no need to change. Councilman Metts spoke to the recommendation of the committee that was appointed to make recommendations to the Council. Councilman Metts expressed the opinion that the Council should engage the services of the Heard firm which was recommended by the Committee. Councilman Welch spoke in support of his motion and urged the Council's support. Councilwoman Spurlock spoke against the motion and in support of Councilman Mett's argument in favor of the Heard firm. Councilman Garvin spoke in support of Councilman Scoma's premise, not to change tax collection firms. Councilman Sibbet spoke in favor of the motion to hire the McCreary firm. Mayor Pro Tem Davis spoke in favor of the motion. Mayor Pro Tem Davis thanked the committee for its work but stated that the fact the McCreary firm would open an office in the City had convinced him that the McCreary firm should be hired. I Ie I I I I I I I Ie I I I I I I I Ie I July 10, 1989 Page 5 Councilman Welch spoke again urging support of his motion. The Mayor called upon those persons in the audience who had expressed a desire to speak on the agenda item. Mr. Taylor Gandy appeared before the Council'. Mr. Gandy spoke as local general counsel for Heard, Goggan, Blair & Williams. Mr. H.G. Wells appeared before the Council. Mr. Wells spoke as a local attorney for Heard, Goggan, Blair & Williams. Mr. Wayne Rhone appeared before the Council. Mr. Rhone introduced his staff. Mr. Rhone expressed a desire to continue his appointment as tax collection attorney. Mr. Mike Brinkley appeared before the Council. Mr. Brinkley spoke as local representative of the McCreary firm and spoke in favor of Councilman Welch's motion. Mr. Dan Echols appeared before the Council. Mr. Echols spoke pointed out what he felt to be the excellent record of the Rhone firm. Councilman Scoma spoke concerning the Rhone firm's collection percentages. Motion failed by 4-3; Councilmen Garvin, Scoma and Metts and Councilwoman Spurlock voting against and Councilmen Welch and Sibbet, Mayor Pro Tern Davis voting for. Councilman Scoma moved, seconded by Councilman Garvin, for the City to enter into the contract with the Wayne Rhone firm as tax collection attorneys. Motion carried 4-3; Councilmen Garvin, Scoma and Sibbet and Mayor Pro Tern Davis voting for, and Councilmen Metts and Welch and Councilwoman Spurlock voting against. RECESS Mayor Brown called a recess. BACK TO ORDER Mayor Brown called the meeting back to order with the same members present. I Ie I I I I I I I Ie I I I I 'I I I I- I July 10, 1989 Page 6 12. GN 89-87 AMENDMENT TO ORDINANCE NO. 1539, ESTABLISHING TEEN COURT ORDINANCE ADVISORY BOARD _ ORDINANCE NO. 1614 POSTPONED Councilwoman Spurlock moved, seconded by Mayor Pro Tem Davis, to postpone GN 89-87, Ordinance No. 1614, until the July 24th City Council Meeting. There were several changes the Council wanted made to the ordinance. Judge Thorn advised he would meet with the Advisory Board and would be ready to present the ordinance at the July 24th Meeting with the changes. Motion carried 7-0. *13. GN 89-88 APPROVE REENGAGEMENT OF PEAT MARWICK MAIN & CO. AS AUDITORS FOR FISCAL YEARS 1988/89, 1989/90 & 1990/91 APPROVED *14. GN 89-89 CONSIDERATION OF REJECTION OF BIDS FOR MAINTENANCE FACILITY AT IRON HORSE GOLF COURSE APPROVED *15. GN 89-90 AWARD OF BIDS: IRON HORSE GOLF COURSE EQUIPMENT APPROVED 16. GN 89-91 AWARD OF CONTRACT FOR GRASS SPRIGGING ON IRON HORSE GOLF COURSE APPROVED Mayor Pro Tern Davis moved, seconded by Councilman Garvin, to award the contract to Quality Turf for grass sprigging in the amount of $85,860. Motion carried 7-0. Mayor Pro Tern Davis moved, seconded by Councilman Metts, to reject the bid of $220,805 from Brown & Harris, Inc. for final grading. Motion carried 7-0. Mayor Pro Tem Davis moved, seconded by Councilman Metts, to authorize the City Manager to execute a contract with RSL for final grading at a cost of $1,500 per day, not to exceed 40 days. Motion carried 7-0. I Ie I I I I I I I Ie I I I II I I I Ie I July 10, 1989 Page 7 *17. PU 89-16 AUTHORIZE "OPEN SPOT MARKET" PURCHASING FOR ASPHALT, OIL, AND GASOLINE FOR A PERIOD OF ONE YEAR APPROVED 18. CITIZENS PRESENTATION MR. RALPH THRASHER 6702 STARNES RD. RE: HOMESTEAD EXEMPTION FOR OVER 65 Mr. Ralph Thrasher, 6702 Starnes Road, appeared before the Council. Mr. Thrasher asked the Council to consider an increase in the tax exemption for persons age 65 and older and/or disabled in the 1989/90 budget. Councilman Welch asked what the exemption was presently. Mr. Thrasher stated $25,000 for 65 and older. Councilman Garvin advised Mr. Thrasher the exemption situation would be looked at in August at the budget work session. Councilman Scoma advised Mr. Thrasher that legislation was recently passed to try and benefit those 65 and older in the terms of payments that could be made on property taxes now. Mr. Thrasher advised he did not feel payments would help anyone. Mayor Brown stated he wanted to remind everyone that there would be an auction Saturday at 10:00 a.m. at North Hills Mall for the Bleeker twins of Keller. Mr. Dan Echols, 5016 Nevada, appeared before the Council. Mr. Echols advised that the Council was going to have to do a lot of concentration at the budget work session. Mr. Echols stated he had repeatedly heard that there would be a tax increase. Mr. Echols stated that Mr. Thrasher had pointed out a problem that existed not only for the older people but for the young people as well. Mr. Echols stated that when the economy was weak it was not the time to raise taxes if it could be helped. Councilman Scoma stated he would like to assure Mr. Echols that this Council was not looking at a tax increase unless it was an absolute unavoidable necessity to save the citizens funds or costs on the other side. Councilman Scoma stated every effort was being made to try and evaluate as much as possible the individual departments as far as I Ie I I I I I I I Ie I I I I I I I Ie I July 10, 1989 Page 8 expenditures and services and what type of operation could be availed to reduce expenses. Mr. Echols stated he realized the position the Council was in. Ms. Myrtis Byrd, Hialeah Court, appeared before the Council. Ms. Byrd asked that the Council not raise taxes unless it was an absolute necessity. Ms. Byrd also asked about the high grass along the highways being cut. ' Councilman Garvin stated that Mr. Line had checked with the State Highway Department on the grass being cut. Councilman Garvin stated that they used the excuse they were behind because of the rain. Councilman Garvin stated they had been assured that within the next two weeks Davis Boulevard would be cut. 19. ADJOURNMENT Mayor Pro Tem Davis moved, seconded by Councilman Metts, to adjourn the meeting. Motion carried 7-0. Mayor ATTEST: C,ity Secretary _~t:::_:~f::-?:':-.-?:·~7~~~:..<;::-5~~~~:~rr::~::·;:~-:;,}r·-;;¡;t ~ ,"_ ~'~--~:;~~;~:~rY~~~~<'¡~\~_~ ',c:-;~__>,~ ~~~~~~~~'>','\-_:_:: -'~ì -_,~,o.:,~...: ~"'__~::i_:·~t;~ ~-\~ c,····"'}''rÆ~~~''''~;.'ii"·~~;~~'ä~~]¡f;i''1'''..'';~-..;;:¡,5;!"~~'!~~\'!;:f";~";:(\:";~:"~¡'" . J, " ;""·j(;~;.t"~)!f'~.~jt1J:o""'''·:!'''~.'£· .""'''·N''...·;,· ,,.,,.,., ';."""~' c>.... W. /.., .".., , I Department: CITY OF NORTH RICHLAND HILLS Economic Development/Planning 7/24/89 Council Meeting Date: SUbject: Reconsideration of Ordinance #1615 PZ 89-9 I ,I II ~I ··.·.··.:··.······..,.·····.·..1 , ¡ ".·.·.:.·.·.·...1 ;~' .~.............;.;,......'...·.1 Ji~. ž ~ Agenda Number: rezoning Tracts 2A & 2A3, S. Richardson Survey, Abstract 1266 and Tracts 1A & IAI, A. Hood Survey, Abstract 683, from their present classifications of R-1 Single Family, C-2 Commercial and AG Agriculture to R-2 Single Family. (B.H. & L. Joint Venture) At the City Council meeting on July 10th, Ordinance #1615 was passed zoning the requested property to R-2. There were three stipulations: 1.) 2000 sq. ft. minimum home size 2.) Side entry or rear entry garages required. 3.) 2 - 150 X 150 open areas (parks) in the Subdivision. If the council so desires, John Barfield (applicant) is willing for the 3rd stipulation to be changed to one 45,000 sq. ft. open area. RECOMMENDATION: It is recommended that the City Council consider amending Ordinance #1615 to change stipulation #3 to 45,000 sq. ft. R~ , Department Head S"gnature City Manager CITY COUNCIL ACTION ITEM Finance Review Acct. Number Sufficient Funds Available Source of Funds: Bonds (GO/Re~.) Operating Bud Other , . Finance Director PaQe 1 of I Ie I I I I I I I 18 I I' I I I I I Ie I ORDINANCE NO. 1615 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-89-9 the following described property shall be rezoned from R-l, C-2, & AG to R-2 with stipulations. BEING all that certain tract or parcel of land situated in the S. Richardson Survey, Abstract 1266, Tarrant County, Texas, and the A. Hood Survey, Abstract 683, Tarrant County, Texas, and being further described by metes and bounds as follows: BEGINNING at a point on the north right-of-way line of Green Valley Drive (a public right-of-way), said point being North 30.0 feet and East 1319.4 feet from the Southeast corner of said A. Hood Survey; THENCE South 89 degrees 52 minutes West along the said North right-of-way line 134.3 feet to a point; THENCE North 18 degrees 29 minutes West, 388.1 feet to a point; THENCE South 65 degrees 34 minutes WesL, 239.1 feet to a point; THENCE North 00 degrees 08 minutes West, 344.3 feet to a point; THENCE South 89 degrees 52 minutes West, 250.0 feet to a point; THENCE North 00 degrees 08 minutes West, 240.0 feet to a point in the North line of a 50.0 foot wide Lone Star Gas Company easement; THENCE North 89 degrees 39 minutes West with the said North line of a 50.0 foot wide Lone Star Gas Company easement, 472.4 feet to a point on the East boundary line of a Lone Star Gas Company tract; THENCE North 00 degrees 08 minutes East, 11.5 feet to the Northeast corner of said tract; THENCE North 88 degrees 52 minutes West with the North boundary line of said tract, 100.0 feet to a point on the apparent East R.O.W. line of Keller-Smithfield Road; ~ - I ~ I I I I I I I ~ I I I I I I I f I Page 2 THENCE North 00 degrees 08 minutes East along said East R.O.W. line, 426.8 feet to a point; THENCE North 88 degrees 46 minutes West along the apparent North R.O.W. line of Keller-Smithfield Road, 662.1 feet to a point; THENCE North 00 degrees 05 minutes East along the said East R.O.W. line of Keller-Smithfie~d Road, 544.5 feet to a point; THENCE North 85 degrees 05 minutes West, 25.1 feet to a point on the approximately centerline of said Keller-Smithfield Road; THENCE North 00 degrees 08 minutes West along said centerline, 1350.0 feet to a point at the intersection of the South R.O.W. line of a 100 foot proposed drainage channel and the approximate centerline of Keller-Smithfield Road; THENCE North 71 degrees 08 minutes East along said South R.O.W. line, 370.0 feet to a point at the beginning of a curve to the right whose radius bears South 18 degrees 52 minutes East at 603.9 feet; THENCE Easterly along said South R.O.W. line and along said curve to the right through a central angle of 44 degrees 59 minutes, a total arc distance of 474.1 feet to a point at the end of said curve; THENCE South 63 degrees 53 minutes East along said South R.O.W. line, 880.0 feet to a point, said point being the beginning of a curve to the right whose radius bears South 26 degrees 07 minutes West at 473.75 feet; THENCE Southeasterly along said South R.O.W. line and along said curve to the right through a central angle of 28 degrees 49 minutes, a total arc distance of 238.3 feet to the end of said curve, said point being at the beginning of a curve to the left whose center bears North 54 degrees 55 minutes East at 525.0 feet; THENCE Southeasterly along said South R.O.W. line and along said curve to the left through a central angle of 29 degrees 02 minutes, a total arc distance of 266.0 feet to a point; THENCE South 00 degrees 08 minutes East, 2585.9 feet to the place of beginning and containing 104.153 acres of land, more or less. This property is located east of Keller-Smithfield Road and north of Green Valley Drive. t- , . I Ie I I I I I I I ft I I' I I I I I Ie I Page 3 APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 8th DAY OF JUNE, 1989 with the stipulation of 2,000 square foot homes, side or rear entry garages or front garages if set back 25 feet from front building line. ~ ' ~~~'-~ SECRETARY PLANNING AND ZONINGlaOMMISSION 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-89-9 IS HEREBY REZONED R-2 THIS 10th DAY OF JULY, 1989 with the following stipulations: Houses be 2,000 square feet, side or rear entry garages, and 45,000 square feet open space for a park within the subdivision. MAYOR CITY OF NORTH RICHLAND HILLS ATTEST: JEANETTE REWIS, CITY SECRETARY CITY OF NORTH RICHLAND HILLS APPROVED AS TO FORM AND LEGALITY: ATTORNEY ",', ,.~ ," J~'~::":~:?j:'~:l!~~è~~':'~',~~ ~f~¥":'.":':: :'":;:(~~-::~i',,,r;~:4n~\' .~-:h·-:~;·_ ~ i·" -;-f;,": ~-j7¥;~Ú:1t~~'~,'~:: :·:/Y"f.~ >':r?~;:~_-:!; "::""T'W""~';:'~,i~;~~"'""":' "~"","~",i~ry¡<~1"",,'<":~::ë?'f', ~ '''ir"i\''':§:':'' ;~i,~' ',>'i"'k',;', 'r":;o;¡',:,X"" 'c, ,·""c,,,h'/'''''',~',;>¡, ',,' ,', ,c., " ,"~"" ..", ,.~,_",.~. .. I CITY OF NORTH RICHLAND HILLS I I I II The following changes have been made: I I 2) . The proposed Ordinance No. 1609 is identical Article 6 which reflects the above changes. I Environmental Services 7/24/89 Department: Council Meeting Date: ~ Animal Control Ordinance - Ordinance No. 1609 GN 89-60 ~ubject: Agenda Number: I This ordinance replaces Ordinance No. 1574 that 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. Ordinance No. 1609 was initially considered by the City Council on May 22, 1989. It was postponed because there was a question as to who would have ultimate and final authority to destroy a vicious animal. Article 6 of the attached ordinance directs that the Director of Environmental Services and the City Veterinarian must unanimously agree that an animal should be destroyed. At the May 22nd meeting the City Council also expressed concern about the liability of a private veterinarian participating in the decision to destroy an animal. This issue was resolved when the Governor signed legislation that establishes an Animal Control Shelter Advisory Committee which protects the veterinarian who serves on this committee. This committee will be established by Ordinance No. 1616 which also will be presented this evening. 1) 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 Determination Hearing has been altered to require both the Environmental Services Director and the City Veterinarian currently serving on the Animal Control Shelter Advisory Committee to hear the evidence and the vicious or potentially dangerous designation must be a unanimous decision. to existing Ordinance No. 1574 except for Recommendation: It is recommended that the City Council approve Ordinance No. 1609. Source of Funds: Bonds (GO/Rev.) a Opera · et .Ot r Finance Review Acct. Number Sufficient Funds Available , i~~ature ~ r ~{(i~ CITY COUNCIL ACTION ITEM , Finance Director Page 1 of " I · " .', '. . I '(". · "\ P . 1 1 I' I I I I I' I I 1 I 1 1 I I' 1 , . ANIMAL CONTROL ORDINANCE II 1609 .... IND EX 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 '; " L il I· I 1 I 1 I 1 I' I 1 'I 1 I I 1 It 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 contains standards regulating the use, type, location, maintenance, registration, confinement, destruction and harboring of certain animals. The intent of the regulations, prohibitions, and provisions is to protect values within the City of North Richland Hills, to enhance the quality of life of persons, pets, and other animals and to protect the general public from damage and injury which may be caused by unregulated animals. ARTICLE 2. DEFINITIONS When used in this ordinance the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows: SECTION 1. (A) 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 accepte'cr-as--being domesticated. (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 iàentifiable o'mer or harborer, wÍ1i~h is round to be at large wi !:hi:l the corporate limits of the City of North Richland Hills. (G) ESTRAY: Means any stray horse, stallion, mare, gelding, filly, colt, mule, jinny, jack, jennet, hog, sheep, goat, or any species of cattle. - 1 - I tI. .. . I ,'~- ~ ~, 61 I I . . I '.'r; . ., .... . ., .:;" "I I I I I Ie . c I I I I I I I e I c 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 (2) Any animal that has killed or severely injured a domestic animal without provocation while off the owner's property; or (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 , " (4) Any individual animal with a known propensity, tendency or disposition to attack unprovoked, to cause ~nJury, or to otherwise threaten the safety of persons or domestic animals. (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. (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. (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. (L) MENACING FASHION: Means the show by an ~nimal of a disposition, determination or intent to attack or inflict injury or harm to a person or other animal. (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 ~inimum 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 ,_ ..o.'F.. _ ~therwise escape of its own violation. The enclQsure -s-fiall..be se.curely: locked _at all_ -times. The- .st~u'ctur-è/pen sliàll . 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. - 2 - ., I .. \. . I ~ ':. ~ '1 , I I I I I I I III I I I I I SECTION 1. I I I~ I· (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. _-a. IMPOUNDMENT: Animals owned or harbored in violations of this ordinance or law of the State of Texas shall be taken into custody by an ani~al control officer or other åesignate¿ official and irnpcun¿e¿ u::.¿er ::-.:.e provisions of this ordinance. - 3 - I .., .' I ; :~ ~ ~ I I I . . ~ 'r '.;:~'. ~ I I I I I' I I I I 1 I I' I ~ Ii SECTION 2. . ' SECTION 3. SECTION 4. SECTION 5. 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 charges, 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 limi ts of the City, subj ect 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 action. -, ~' _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 proper'ty or property of the . animal '5 o'tmer" the animal control.·':o££ic.~r, 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 . -. .~ - .. 'þ .' .. I ~ SECTION 6. I .' I:(;~ ' . I I I I I' I I " . .' - I I I I I I! I " , . ... . ..". 6 SECTION 7. SECTION 8. CONFINEMENT DURING ESTRUS: Any un spayed 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----------------------$10.00 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--------------------------$lO.OO 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 impoundmen 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. . ' i-' .- (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 .~.. ,.J Itt 4' violation of this ordinance. I I I I I I I~ I I I I I I I It I 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 pea~e of mind of persons residing in the immediate vicinity, may have its kennel permit suspended or revoked without prior notice by the Animal Control Division. ~ MULTIPLE 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 _~ection. Any person, firm, or corporation wishing to keep more than three (3) dogs and two (2) cats or three (3) cats ~nd two (2) dogs and who does not posses a kennel permit, may procure a multiple pet-c~mership per~i~ 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 ~.. _:.1 , I I \ -' -. I +' ..... I I I I I~ I I SECTION 5. I I I SECTION 6. I I I~ 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 ~eight. · (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 city 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 contTol, any dog o~ ani~al of t~e 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 - .t"' - I ';~ ,~ ~ offense shall be II ~ violation occurs or I I , " SECTION 1. .". . . II ',... '\ I' I I I SECTION 2. I I' 1 I I I SECTION 3. I I I I~ I SECTION 4. deemed committed continues. each day on during which such or upon ARTICLE 5. ESTRAYS UNATTENDED ESTRAYS: It shall be unlawful for any person, firm or corporation to allow an estraý(s) to be unatte~ded upon any public stréet, 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" loca~ed 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 found; (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. ... ,¡. .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 no= reveal the ow~er, the Animal Control Divisi~n' 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 ~ 'c. ~.. , I' I I·· I I I I It- I I I I SECTION 5. I I I I~ I (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. . t '. I (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". FEES: For each and every estray taken and impounded there shall be JLaid. 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 D:....tision. Such fee being charged for the caring and feeding of such animal. The owner shall also pay fo= any veterinarian or drug fees incurred for the animal while it is in the custody of the City. - 9 -, I , ... . Ii; ':, ;.) .' I~ I I . : ::' '" I I I I I~ I I I I I I I I~ I SECTION 6. '. . SECTION 7. SECTION 8. 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. _. j. , .&. . 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 M . . I ~ -- ".JI'SECTION 9. I I I I I I I I' I I I I I I I I' I 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 1nJury 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 pro?ert7 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 Ie I I I I I I I Ie I I I I I I I Ie I SECTION 3. SECTION 4. SECTION 5. 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. 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 V1C10US, 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 and the Veterinarian serving on the Animal Shelter Advisory Committee. The Determination Hearing shall be conducted within twenty (20) working days of receipt of the request for such hearing. - 12 - I Ie 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 and said Veterinarian 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 ANI}~L 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 upon the premises occupied by the owner of the animal; or (B) If the person was teasing, tormenting, abusing, or assaulting the animal or has, in the past, been 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 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 Ie I (B) The Director of Environmental Services and said Veterinarian 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 Ie (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 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 (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 , . Ie I I I I I I I Ie I I I I I I I Ie I SECTION 8. SECTION 9. (D) In the event the Director of Environmental Services and said Veterinarian 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 potentially dangerous animals within ten (10) days of ownership of potentially dangerous animals. PENALTIES FOR VIOLATION (A) The owner of a dog declared to be V1C10US under Section 3 shall be subject to a fine of not less than $200.00 but not more than $2,000.00. - 15 - I ' - r;:.~~._ ~ I Þ - I 'I I I I I I I. I " I I I I I I 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. (C) It shall be a violation of this chapter for the owner of a vicious animal to: (1) Fail to have the potentially dangerous animal licensed in accordance with this chapter; or (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 (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 (5) Fail to secure and maintain public liability insurance of at least $50,000.00 or; (6) Fail to have the vicious animal neutered or spayed; or (7) Fáil to attend the class on responsible pet ownership conducted by the Environmental Services Department; or _;;.' i- (8) Fail to notify the Environmental Services Department of a change of status as set out in Section 6. 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 su~ject to a fine of not less than $200.00 but not more than·$2,OOO.OO. (D) Exemptions The provisions under this enforcement agency where enforcement. section shall not apply to any law an animal is being used for law - 16 - I· .., . ','\.. . .... I ~ . I I . I I I I I I~ I I I I I I I 1'- 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 wi~h 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 t1.¡elve (12) months. The ow~er shall state hi.3 name a~d ad¿ress, a.n:' :h~ 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· t ' ~. -!' , .:..~. ..;. .. I ~ « I I I I I I I --- I I I I SECTION 5. I I I. I 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. ... ~ .a. 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 loc~ti0n of the bitten person or persons and such other information as the officer or agency may require. - 18 - I· . . ~\ <. '" .,::, '~..~ ~ I - SECTION 6. . I I SECTION 7. I I I I I -- I I I I SECTION 8. I I I~ I II 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 l-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 I1low risk" animals shall be handled as dictated by State Law. CREATING A HEALTH HAZARD. .. . j. , .1- (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 neal~h and welfare of the co~~unity, or ~ho sh~ll allvw 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 - . I I I I I I II lit I I" I I I I I@ I I . 0; ø', ) . ~' ~ ,~\ ~ 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, st<tting "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 anima1(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 tombat between animals or between animals and humans. (C) No person shall abandon an animal in his custody .. . J. ' .'L (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 wh2reb:l t:l~ off::::!" 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 .local humane society. - 20 - 1- M' ~ ~-~ Ý' -- I · « I I I I I I I ra I I" I I I I I. I I ~ . .¿ 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 .. . ;. -:z... App=oveé as to form and legality Rex McEntire, Attorney - 21 - ",. ",.' ,- ....., ," . .' ,.., . "., """\~.''';' .. ~'c:~T'~'''''.f'''''''':l''',",,¡''~''' ~~,,~;,,-,::·,~;t,..·:"C"Þ·'··' ;".<., ;.~,.. :. '. "','" .... .~..,., ., 'c .,'·'~\.'·iI't"";'ß""'e..··.,.œ.. .' "'~ ~,!;¡.>-;,:>F,r. """~: "~/P" ·;:i::.' ¡", '''.:,..: :~'j,/'¡",J;-:''::;¡'T'" < C';~i,:. CITY OF NORTH RICHLAND HILLS 7/24/89 Council Meeting Date: GN 89-76 Agenda Number: Public Works Subject: Public Hearing in Consideration of Adoption of ]mpact Fcc~ for Dr~in~gc Facilitioc The Mayor should reconvene the public hearing which was recessed on June 12, 1989. I f It On July 11, 1989, a Council workshop was held concerning the Ci"tlr' s Drainage Impact Fee Study and adoption of a drainage impact fee. The Mayor and a quorum of the Council were present. IDeal engineers and several developers were in attendance. Their cœments and questions were requested and received. I II I I I The Drainage Impact Fee Steering Cœmittee has revaluated its previous recœmendation concerning a phase-in adoption of a fee. Due to new infonnation that has been obtained, the Steering Cœmittee ~uld recœmend the Council consider not adopting a drainage impact fee at this tirœ. Further consideration to adopt a drainage impact fee in the future would be recœmended. The Mayor should close the public hearing. Recœmendation: The Impact Fee Steering Carmittee recarmends the Council reject adoption of a drainage impact fee at this tirœ. I I I I I Ie I I I Source of Funds: Bonds (GO/Rev.) Operating Budget Oth Finance Review' Acct. Number N/A Sufficient Funds Available I)f¡} f< If~ ~ City Man ger Finance Director r ment Head Signature CITY COUNCIL ACTION ITEM D""",^ .. "f - I --,. . ".'-~.' e ~ I I I I I --- I I· I I I Ie I Ie I City of J{ðrth Richland Hills, Texas DRAINAGE IMPACT FEE (x)UNCIL ~RKSHOP July 11, 1989 In June, 1987, the State I.egislature passed Senate Bill 336 which describes the procedure all municipalities shall follow to implement an "impact fee". An "impact fee" is defined as a charge or assessment imposed by a poli tical subdivision against new developœnt in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to such developœnt. On October 12, 1987 the City Council passed Ordinance No. 1503 which directed the staff to develop and implement a "drainage impact fee" in accordance with 'SB 336. The staff and our consultants accanplished the developœnt of the impact fee in Septenber, 1988. The Capital Improvanents Advisory ccmni ttee was made aware of those findings and wrote a letter of recarrnendation to the Mayor and City Council dated March 8, 1989. A copy of the letter is attached for your info:r:mëÌtion. -rhe law requires that the Council adopt or "reject the Impact Fees within 30 days of the "public hearing". The Canmi ttee recarrnends the Council consider the following action. *Adopt the attached impact fee schedule by Ordinance. *Phase-in the 100% imposition of the fee as shown. 0% - date of adoption thru 9/30/90 40% - 10/1/90 thru 9/30/91 75% - 10/1/91 thru 9/30/92 100% - 10/1/92 and thereafter (817) 281-G041n301 N.E. LOOP 8201P.0. BOX 18808/NORTH RICHLAND HILLS, TX 71110 I --, , . I . '. '~ .' ,- e MAJOR POINrS I I I I I I --- I I- I I I Ie I I- I 1. Currently, no drainage impact fee is being charged. 2. All major drainage improvements that are constructed by the City are installed to help mitigate or eliminate 100 year flooding in hares or to control erosion or both. These improvements are funded by the taxpayer through ad valorem or sales taxe~. 3 . All drainage improvements installed and paid for by developers are designed to handle the future fully-developed watershed flow. The current Subdivision Ordinance and Design Manual require the developers to pay for all improvement cost whether the channel handles both existing runoff and future additional flow volune due to future developnent. 4. The Council must understand that if a "drainage impact fee" is adopted, this will mean that future bonds will have to be sold at certain times to fund the required improvements. The improvements will only need to be installed as the City develops. 5. If the impact fee is adopted prior to August 28, 1989, we can function with "the entire City as one service area" until our first update review (probably in 2 to 3 years). Then the City will have to revise the Land Use Assumption Plan and Capital Improvements Plan to meet the recently passed HB 1786 that outlined the changes to SB 336. The Ci ty would have to administer the drainage impact fee on the basis of each of the 6 watersheds in the City being an individual service area. If the impact fee is set equal to 100% of the lowest calculated fee for the 6 service (watersheds) areas, the Ci ty can charge the same fee throughout the City in the future. We do not know what that figure would be wi thout further study. 6. If the impact fee is adopted at other than 100%, all the remaining costs attributable to future developnent (with reference to the Drainage Impact Fee Capital Improvements Plan) will be paid for by the taxpayers. I, ",. '.'-:':' .' e I I I I I I --- I I· 1 I I Ie I I- I City of J\8rth Richland Hills, Texas March 8, 1989 TO: Honorable Mayor and City Council Members FROM: Impact Fee Advisory Committee SUBJECT: Drainage Impact Fee comments and recommendations The Committee, after reviewing the Capital Improvements Plan proposed in accordances with the provisions of S.B. 336, the executive summary prepared July 11, 1988, and sample consultations relative to the proposed Impact Fee finds the Capital Improvements to be in ~rder and .', ',. the fee projections to be valid. However, after many hours of discussion, the Committee feels that to impose a drainage impact fee at this time would do harm to the City by slowing development. It is the understanding of the êommittee that S.B. 336 does not stop the ' City from having developers pay to improve drainage as specified in the City's Subdivision Ordinance. The Committee is, however, concerned that S.B. 336 will not allow the City to collect pro-rata for sewer and water if an impact fee is not put in effect before June 1990. Recommendation: The Advisory Committee recommends that the drainage impact fee not be put into effect for at least the next two years. However, the Committee does recommend that the necessary studies be started toward implementing a water and sewer impact fee. (817) 281.0041"301 N.E. LOOP 820IP.O. BOX 18809/NORTH RICHLAND HILLS, TX 78180 ø· , '." I ,'. . . ~. ~~. ,- . CITY OF NORTH RICffi.AND HILLS, TEXAS DRAINAGE IMPACT FEE SCHEDULE June, 1989 I I I I I I Ii' I I' I I I Ie I e' I _ I UNIT FEE YEAR (per Delta CA) 1989 $39,561 1990 41,114 1991 42,667 1992 $ 44,221 1993 45,774 1994 47,327 1995 48,881 1996 50,434 1997 51,987 1998 53,541 1999 55,094 2000 56,647 2001 58,201 2002 59,754 2003 61,307 2004 62,861 2005 64,414 2006 65,967 2007 67,521 2008 69,074 , . . ¡. 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COo::) W" ~OO c:·-w CG WC-QO ozwctUU -...a..Ow ca: Z Z a.t'30a..a."'-...Wa..Z-IIII~ )(Q)...J 0 t- 0« -I w>-wt--It-uw-C)Qc< >ZWZW...Jt- --1m w<>w...Jma:t-<O 1I0...lw:E...I<O(/JQ..(/)", -Q(/J0 (/Ja..w Z (/» (/JU(/) a:(/J(/)::J a:w-(/)W W>-WOOO <a:::).. (/JW(/Jt-t-zzu WUO<(/Jw(/J-zoou >-<WOctu..<to-com« -n co an co an ~ . co co co 00 co œ o . ...... 00 co M ...... . co o o 0) M o ...... o ...... œ o ...... co co o co 00 M an at) co co co M ...... N 0) Ø) . o . co co c----------__ E-NM.anco......coœo-N :::J-----_______ --- o o (/) -I < ... o ... ® ~ I ," May 30, 1989 '.' . CDM e environmental engineers, scientists, planners. & management consultants I I I I I I .- I I I I I Ie I f' I STORMWATER UTILITY BILL PASSES - UPDATE FOR TEXAS CITIES Through the efforts of the TEXAS MUNICIPAL LEAGUE and its staff, repre- sentatives of TML member cities, senate sponsor Sen. Ken Armbrister (D-Victoria), and other interested parties, H.B. 1567 (Rep. Todd A. Hunter, D-Corpus Christi) has passed both the Texas House and Senate and is on the C-overnor's desk. Once signed, this bill gives Texas cities the specific authority to establish a STORMWATER UTILITY as an alternate financing source for all drainage expenses. User fees, based on a fair and equitable rate base, will create a new revenue stream for future capital funding requirements. As you may be aware, CAMP DRESSER & McKEE INC. has supported this Texas effort, as we have extensive in-depth experience in establishing sto~ter utilities in many other states. To our knowledge, CDM has developed more drainage utilities than all other engineering firms combined. In order to meet expenses associated with the Clean Water Act and the pending NON-POINT SOURCE regulations, plus the existing need for an acceptable level of service for flood control and drainage in general, additional revenues are needed. This bill removes any remaining clouds as to the legality of a Texas city creating and funding a separate stormwater utility within its boundaries and provides a new revenue source other than general funds. If you have an interest in exploring the utility concept for your city, have questions in general, or wish to discuss our experience in detail, please call Lynn Mays at (512) 345-6651, or Ashok Varma or me at (214) 987-1900. Jack A. Renfro Vice President Business Development @)" I CITY OF NORTH RICHLAND HILLS leDepa. rtment: Administration Amendment to Ordlnance No. Ib3~, tstaDllsnlng Teen Court Ordinance Advisory Board - I Subject: Urdlnance No. Ib14 Council Meeting Date: 7 /24/89 Agenda Number: GN 89-87 I I I I I I Ie II Judge Thorn will be present to answer any further questions. Recommendation: II It is recommended that the City Council approve Ordinance No. 1614. I I The attached Teen Court Ordinance conforms with the proposal set forth by Judge Thorn in the Pre-Council Meeting of June 26th, 1989. This ordinance incorporates those recommendations listed below that were agreed upon by the advisory committee as well as discussion by the City Council Members at the July 10th, 1989 Council Meeting. 1. The advisory committee has been increased to seven persons with three places specifically designated for a representative from sponsor organizations. 2. Fort Worth Christian High School has been added for a resource for a student representative. 3. Advisory committee members' terms have been extended to two years except for the member from the high school. 4. The committee members' terms are staggered. 5. Each Council Member will appoint one committee member whose place on the committee corresponds to the Council Members place on the Council. 6. The terms of the committee members will begin and end on October 1st to correspond with other city boards and commissions. 7. The Municipal Judge will make not more than three recommendations for each place on the committee to the appropriate Council Member. I I I" I Finance Review Source of Funds: Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Budget Other ~ {)UA/J4A4~J4/þ;tj ~ el¡~ ~ Department Head Signature i ity: Manager CITY COUNCIL ACTION ITEM , Finance Director Paae 1 of 1 I Ie I I I I I I I Ie I I I II I I I I- I ORDINANCE NO. 1614 BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas, that: 1. There is hereby established liThe Teen Court of North Richland Hills, Texas". 2. There is hereby established "The Teen Court Advisory Boardll for the City. The said "Boardll shall be composed of seven persons. The terms of office for said "Boardll shall be for two years beginning October 1st, except that the term of office for the Board member in Place 1 shall be for only one year from October 1st until the following October 1st. The appointees for Place 2, Place 4, and Place 6 shall originally serve from October 1, 1989 until October 1, 1990, and then such subsequent appointees shall serve a term of two years with said term to begin on October 1st in even numbered years. The appointees for Place 3, Place 5, and Place 7 shall be appointed to serve from October 1, 1989 until October 1, 1991 and subsequent appointees shall serve a term of two years with said term to begin on October 1st in odd numbered years. The appointees are as follows: Place 1 Place 2 Place 3 Place 4 Place 5 Place 6 Place 7 High School Student Sponsor Sponsor Sponsor General Public General Public General Public 3. It shall be the duty of the Municipal Judge of the City to recommend not more than three person for each available place to serve on said "Boardll by September 1st of each year. The appointments to said Board shall be made from the recommendations made by the Municipal Judge by the City Council Member who holds the corresponding council place or on the Council Member's own motion if it rejects one or more of the Judge's recommendations. 4. Place 1 on the Board shall be filled from a list of North Richland Hills residents who are students at Richland High School or Fort Worth Christian High School. Places 2, 3 and 4 on the Board shall be filled from a list of persons who are connected with the Teen Court Program as Sponsors which list shall be kept by the Municipal Judge. Places 5, 6 and 7 on the Board shall be filled by appointing residents of the City of North Richland Hills from the general public. I" Ie I 1 1 I I I I Ie I 1 II II I I I I- I Page Two Ordinance No. 1614 5. The functions of the Board created by this ordinance shall be to approve practices and procedures of the Teen Court which are initially drawn and promulgated by the Municipal Judge. After such practices and procedures have been approved by the Board, the Municipal Court shall enter its order officially adopting same as the "Rules of the Teen Court of North Richland Hillsll. 6. In the event that any matter arises in the operation of the Teen Court which is not covered by the said "Rules", the Municipal Judge is given the discretion to rule on such matters. Final interpretation of the uRules" shall be within the province of the Municipal Court. PASSED AND APPROVED this 24th day of July, 1989. Tommy Brown, Mayor ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City ~:Pè''t;,·J ,~.:c~-::{'.~'~t~'tfC_:~-·.~~ ~-::<:-:-~,.~"''"- '{--j ~ ". "''''''''': - ~"·"'7"'~'r":.':~\~'~~';""''''''''''''''''' 'c -~";~_C" -;r-:'·.i'; .,.".~-. ".... I CITY OF . NORTH RICHLAND HILLS I Environmental Services 7/24/89 Department: Council Meeting Date: ~ Child Care Ordinance - Ordinance No. 1617 GN 89-92 ·Subject: Agenda Number: II The attached 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 facilities. I I I II Recommendation: It is recommended that the City Council approve Ordinance No. 1617. I I Ie I I I I I t'l The inspection fee mentioned in this ordinance is currently in effect and does not change. This ordinance was initially reviewed by the City Council on May 22nd and was postponed until a Council Committee of Councilman Lyle Welch and Councilman Charles Scoma could meet with the staff and local day care operators. This meeting was held and seven of the local day cares were represented. A second meeting was held with Councilman Scoma at which time the needs of the City in regards to day care regulations were discussed. The attached ordinance is a result of these two meetings. Finance Review ~.....·........,'..I Source of Funds: t( Bonds (GO/Rev.) e Operating Budget Other ~I tkl ~ ~ Acct. Number Sufficient Funds Available /J If {lf~~ Department Head Signature City Manager CITY COUNCIL ACTION ITEM . Finance Director Page 1 of 1 I, Ie I I I I I I I Ie I I I I I I I I· I CHILD CARE ORDINANCE NO. 1617 ARTICLE 1 PURPOSE The purpose of this Article is to provide minimum 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. ARTICLE 2 TEXAS DEPARTMENT OF HEALTH MINIMUM STANDARDS ADOPTED There is hereby adopted the uMinimum Standards for Day Care Centers" as published and promulgated as 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 Standa~ds for Day Care Centers shall apply as though such regulations were copied at length herein, except where specific other provisions are expressed within this Ordinance. ARTICLE 3 DEFINITIONS Sec;t.ion 3.01 Child Care Facility: A facility where child care occurs. The term "child care" shall be applied where: A. care, training, education, custody, treatment or supervision 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 B. care, training, education, custody, treatment or supervision 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 c. the facility is intended to provide child care at least twenty-six (26) weeks per year; and D. more than one-quarter (1/4) of the children cared for at the facility are under eleven (11) years of age. Section 3.02 The term "child care" shall not apply to: A. an educational facility that operates solely for page 1 I Ie I I I I I I I Ie I I Section 4.01 I I I I I I- I 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; B. an educational facility that is integral to and inseparable from its sponsoring religious organization or an educational facility, both of which do not provide custodial care for more than three (3) hours maximum per day and that offers educational 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; c. For purposes of this Ordinance, "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. D. Fee schedule applicable: fee set by the City Council of North Richland Hills. ARTICLE 4 PERMITS Administration: Permit Issue, Inspection, Compliance, Enforcement. A. The Environmental Health Officer or 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 Ordinance and other applicable sections of the City Code. He/she shall cause the Child Care Facility to be inspected not less frequently than semiannually to ensure that the facilities, grounds and equipment are maintained in compliance with this Ordinance 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 inspections to be kept on file in the Environmental Service Department and issued to the Child Care page 2 I Ie I I I I I I I Ie I I I I I I II I- I Section 4.02 Section 4.03 Facility. along with appropriate directives to resolve deficiencies observed in the inspections.. He/she shall have the authority to enforce the provisions of this Ordinance 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 Ordinance 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 Official or his/her designee. 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. Permit 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 Services 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, and mailing address of the Child Care Facility. New Child Care Facilities shall also provide the current zoning of the property as well as submit a site plan 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. 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 page 3 I. Ie I I I I I I I Ie I I I I :1 I I I- I Section 4.04 Section 4.05 Section 4.06 Facility. The amount of said insurance coverage shall not be less than $100,000.00. Permit Duration and Renewal: The permit shall be renewable on October first (1st) of each calendar year. Permit Fee: The fee for the annual permit shall be one hundred and fifty dollars ($150.00). Permit Suspension and Revocation: A. The Environmental Health Official or his/her designee is hereby authorized to suspend or revoke, on the authority of the City Manager, a Child Care Facility permit for a violation of any provision of this Ordinance. Suspension or revocation 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 511spension or revocation. B. The following actions shall constitute cause for suspension: 1. failure to respond within specified limits of time regarding violations observed during Health Official's inspection of the premises and operation; 2. violation by the operator or any employee or staff member of the requirements for permit as contained in this Ordinance. 3. any violation of this Ordinance which poses a danger to any child entrusted to the care of the Child Care Facility; 4. failure to keep continually in force the required insurance against liability for bodily injury or death. c. The following actions shall constitute cause for revocation. 1. failure to correct a violation for a period of six (6) months following 5uspen5ion of the permit; page 4 I. Ie I I I I I I I Ie I I I I I I I I- I Section 4.07 Section 4.08 Section 4.09 2. knowingly submitting false information, or allowing false information to be submitted, in the application for a permit. D. A permit that has been suspended may be reactivated 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. E. A permit that has been revoked shall not be reissued. 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 Ordinance 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 causing bodily harm to any person or of any offense contained in Chapters 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 4.09, 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 page 5 I. Ie I I I I I I I Ie I I I I I I I I- I Section 4.10 Section 4..11 Section 5.01 Section 5.02 specified in this Ordinance, the operator shall ensure that such person does not come in contact with the enrolled children until the charges are resolved. 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 Environmental 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. 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 City Ordinance #1489. The fees set forth in Ordinance #1489 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 Handler or Food Manager Certificates as set down in Ordinance 1489. ARTICLE 5 FACILITIES Toilet and Plumbing Fixtures and Facilities: Toilet fixtures and facilities shall be provided in accordance with Appendix ItC" of the Uniform Plumbing Code as adopted in the North Richland Hills Plumbing Code. Playground Provisions A. An outdoor playground shall be provided where applicable and shall be supervised by adults in an adult-child ratio not less than that maintained in indoor activities. B. A playground 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 many be continued and maintained if they are a minimum of four (4) feet in height. c. Any pool, pond or other body of water greater than ten (10) inches in depth shall be separated from a page 6 I, Ie I I I I I I I Ie I I I I I I I. I I Section 5.03 Section 6.01 Section 6.02 playground by a fence as described in (B) above. D. 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. 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 corridors in a Child Care Facility. All employees and staff members shall be instructed in fire emergency procedures. c. A Child Care Facility shall not be located in a mobile home or in any part of a building other than the ground level. D. Permanent signs shall be conspicuously posted in restrooms and food areas 50 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. F. 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. ARTICLE 6 RELEASE OF CHILD Signature Registry: The Child Care Facility shall maintain a signature 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 discretion. Conditions of Release: An enrollment agreement required page 7 I Ie I I I I I I I I e Section 6. 03 I I I I I I I. I I Section 7.01 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 (4) digits of their social security account number for purposes of security in emergency conditions as identified in Section 6.03 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. Emergency Conditions: 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 (4) 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 (4) 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. ARTICLE 7 SEVERANCE; REPEALER; PENALTY Severance: 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 of competent jurisdiction such voidness, ineffectiveness, or unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs, page 8 I' Ie I I I I I I I Ie I I I I I I I. I I 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. Section 7.02 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 ordinance. Section 7.03 Penalty: 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 this Ordinance shall be fined upon conviction not less than one dollar ($1.00) nor more than one thousand dollars ($1,000) and each day any violation of noncompliance 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: Passed and approved this ____ day of Tommy Brown Mayor ATTEST: ..---.----..- ,Jeanette Rewis City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire Attorney for the City page 9 I I I ,I ;1 il il ~I ,..'....',.,'..'..,........:..:..'·.1 ~.,' 5 >"1 i :~I '...,.'...,.".,..',:..','....·.'·..····..·.'··..1· ,;, ~:~( -y ~t~1 ..-........ ~< ·.l......,·.·...·.i··1 (~ CITY OF NORTH RICHLAND HILLS Department: Administration 7/24/89 Council Meeting Date: GN 89-93 Agenda Number: Subject: .Appointment to Library Board Due to the resignation of Kay Schmidt (Place 6) a vacancy exists on the Library Board. Councilman Sibbet will have a recommendation Monday night. Recommendation: It is recommended that the City Council fill Place 6 vacated by Ms. Kay Schmidt. I' ~\';I ~,'..'..,,',.,...."'.'..,..'..',',', ~ J., ì1' ; II ~r~ I S~~~~es ~~~~~~:.~ r<' Operating Budget _ ~: e Oth~-1 /) -, I (~~~ K-u~ f·; 'V - Department Head Signature II CITY COUNCIL ACTION ITEM Finance Review Acct. Number Sufficient Funds Available f<f1~~ City Manager , Finance Director Page 1 of 1 I I I I I I I I I Ie I I I I I I Ie I CITY OF NOR'TH RICHLAND 'HILLS ~ Department: Environmental Services . Council Meeting Date: 07 /24/89 Subject: Animal Control Shelter Advisorv Committee Ord. No. 1616 Agenda Number: GN 89-94 The attached Ordinance 1616 brings the city in compliance with new state statutes which require all cities which have animal shelters in a county with a population greater than 75,000 to have an Animal Shelter Advisory Committee in place. State Statute #44-77 6b prescribes the specific makeup of the Advisory Committee which is reflected in the Ordinance. Recommendation: It is recommended that the City Council approve Ordinance No. 1616. Source of Funds: Bonds (GO/Rev.) Operating B et Other Finance Review Acct. Number Sufficient Funds Available g)} . Finance Duector Department Head Si~ ure \ CITY COUNCIL ACTION ITEM n.-........ ~ .....ç. I Ie I I I I I I I Ie I I I I I I I Ie I ~ , ORDINANCE NO. 1616 Be it ordained by the City Council of the City of North Richland Hills, Texas that: ARTICLE 1. Pursuant to Article 44-77 6b (Texas Animal Shelter Act) there is hereby created "The Animal Control Shelter Advisory Committee". StIch Committee shall be' composed of one licensed Veterinarian, one City Official, one person whose duties include the daily operation of the City Animal Control Shelter and one representative from an Animal Welfare Organization. ARTICLE 2. The initial membership of the said Committee is as follows: ( 1 ) (2 ) ( 3 ) (4) (Licensed Veterinarian) (City Official) (Shelter Employee) (Representative of Animal Welfare Organization) ARTICLE 3. Each term of office shall be for two years except the original appointees. The original appointees to places (1) and (3) shall serve until October of 1991; the original appointee of place (2) and (4) shall serve until October of 1990. ARTICLE 4. The Committee shall perform the functions set out in Article 44-77 6b and recommend policy to the city staff for operation of the City Animal Control Shelter. 1- .' ~ , " I~ I I I I I I I~ ~-,-,---p I e Rex McEn'tire, Attorney P"lssed and A'pproved this ATTEST: _.- -- .- _..~~- ..-.... .----..--.- ..--.---------.-- ,J 8~.r[1[let t~e Rt3Wis" Ci ty Secretary ;\ppr()'.T~d ,~s t.o form and legality I I I 1 I I I Ie I day of ,1989. Tommy Brown, Mayor CITY OF NORTH RICHLAND HILLS ~epartment: SUbject: Public Works 7/24/89 Council Meeting Date: Agenda Number: PAY 89-04 Approve Final Pay Estimate #4 in the AllUUlIL of $10, 606. 98 to J. L. Dertrðm Construction, Inc. - Emerald Hills Way & Emer¡:ild Court Paving and Drainage Inprovements This ClP project was awarded by the Council on April 25, 1988 for $202,146. 76 to J. L. Bertram Construction, Inc. Final payrœnt to the Contractor will make his total earnings on the project $210,060. 72. This includes sane reconstruction of new driveways which had to be renoved and replaced to provide special driveway construction to help mitigate the excessively steep front yard slopes. Also included is the sidewalk construction authorized by Council but accanplished prior to change order being executed. ~ ~ ~ Funding Source: The original budget appropriation for this project was $38,000 for engineering, $10,000 for RCM and $329,600 for construction or a total appropriation of $377,600. The total I expenditures inclusive of this final payment and engineering is $227,333.84. The I balance of $150,266.16 should be transfered back to Unspecified 1987 St.reet Funds (13-90-99-4310). ~ ~camendation: The Contractor substantially canpleted this project in January, 1989. The Contractor sustained several weeks delay each for negotiation of 12" water main reconstruction after contract award, Lone Star Gas service line ad justrnents , and sidewalk change order. The project is now totally canplete with all final adjustments having been made. The staff recœmends approval of final payrœnt to J. L. Bertram Construction, Inc. in the amount of $10,606.98. Finance Review 00 Acct. Number Sufficient Funds Available 13-09-87-6150 ~ . Fmance Director e artment Head Signature CITY COUNCIL ACTION ITEM . . P~nA 1 of 1 I Ie I I I I I I I Ie I I I I I I I Ie I KNOWL TON-ENGLlSH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas July 20, 1989 Honorable Mayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-346, CITY OF NORTH RICHLAND HILLS, EMERALD HILLS YAY AND EMERALD COURT PAVING AND DRAINAGE IMPROVEMENTS CONTRACTOR'S PARTIAL PAY ESTIM. NO. 4 AND FINAL Enclosed is one copy of Contractor's Partial Pay Estimate No.4, dated July 14, 1989, made payable to J.L. Bertram Constr. & Engr. Inc., in the amount of $10,606.98, for materials furnished and work performed on the referenced project as of June 27, 1989. The quantities and conditions of the project have been verified on-site by your representative, Bill Rutledge, as indicated by his signature on the estimate, and we have checked the item extensions and additions~ Ye assume trench densities have been monitored by the City and in the absence of any negative reports, we would recommend final payment. NEW SIDEWALK CONSTRUCTION This estimate includes extra costs associated with new sidewalk construction on the north side of the street as authorized by Council. This work is complete although a formal change order has not been executed. Ye would recommend that this item be placed on the Council agenda for ratification. Final acceptance of the project and such ratification should constitute formal approval of the change order. New sidewalks and additional curb and gutter added $4,922.70 to the original contract amount. Please see the attached "Construction Project Status Report" which accounts for the differences in original estimated contract quantities and final as-built quantities and costs for each pay item in the project. The original contract amount was $202,146.76. Contractor earnings, including new sidewalk construction ordered by the Council, and driveway reconstruction to correct grade problems, totals $210,060.72, which is $7,913.96, (3.91-percent), over the original contract amount based on original estimated quantities and contract unit prices. The total Contractor earnings of $210,060.72, however, is under the original budget amount of $329,000 for this project. We recommend that this final payment, in amount of $10,606.97, be made to J.L. Bertram Constr. & Engr. Inc., 1007 Harrison Ave, Arlington, Texas 76010. 1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267-3367 I Ie I I I I I I I Ie I I I 'I I I I Ie I July 20, 1989 EMERALD HILLS YAY Page 2 The original contract completion date was October 4, 1988. The Final acceptance date was June 27, 1989, which is 266 days over the original Contract Completion Time of 120 calendar days. However, due to construction of a new water line in the right-of-way by change order to another contract, delays caused by Lone Star Gas, new sidewalk change order, driveway reconstruction, etc., we would not recommend assessment of liquidated damages to the Contractor unless recommended by the Public Yorks Department. The two (2) year period of maintenance begins on this date and therefore will terminate on July 15, 1991. In accordance with the provisions of Item 3.2.11(a) of the Contract Documents, the maintenance obligation includes "sealing of pavement cracks, repair of pavement buckling or other failures, along with failure of all concrete flatwork and other concrete structures". Maintenance of the new 12-inch water main is included in a separate contract with Austin Paving Company. Please call if you have any questions. ~~w, ~ RICHARD Y. ALBIN, P.E. RYA/lld/F3346L19rev Enclosures cc: Mr. Dennis Horvath, Deputy City Manager Mr. Greg Dickens, P.E., Director of Public Yorks Mr. Bill Rutledge, City Inspector Mr. Lee Maness, Director of Finance J.L. Bertram Construction & Engineering I CON T R ACT 0 R ' 5 EST I HAT E IIE~ate No. 4 & FINAL Job No. 3-346 Date: F"'No. F3346REV.V20 Cal. Days: Iproject Description: EMERALD HILLS VAY AND EMERALD COURT V.O. Date: PAVING & DRAINAGE IMPROVEMENTS Scheduled Completion Date: For Materials Furnished and Labor Contractor: J.L. Bertram Contr. & Engr. Performed in Period Ending: twner: City of North Richland Hills Time Charged Thru Period (Days): lace: North Richland Hills ..... -. -........... Page 1 of 2 14-JUL-1989 120 6 - JUN - 1988 4·0CT·1988 27·JUN·1989 386 r~: ............................. ......... ......... ......... ........... ........... PREVIOUS THIS UNIT ITEM DESCRIPTION UNIT ESTIMATE ESTIMATE TOTAL PRICE AMOUNT IfMERALD HILLS VAY ASPHALT * NOTE: Quantities Modified by c.o. 1 C.Y. 1,542.00 0.00 1,542.00 $4.77 $7,355.34 1. UncI. Street Excavation 2. Rem. Exist. Curb & Gutter L.F. 3,749.00 0.00 3,749.00 1.80 6,748.20 I 3. Rem. Exist. Cone. Flatwork S.F. 5,712.00 ·4,476.00 1,236.00 0.55 679.80 4. Saw Cuts L.F. 1,003.00 -635.00 368.00 1.60 588.80 5. Subgrade Stab. w/Lime Slurry S.Y. 9,318.00 0.00 9,318.00 1.12 10,436.16 I 6. Lime For Stab. Subgrade TON 187.00 0.00 187.00 65.00 12,155.00 7.*HC·30 or EA-HVMS Prime Coat S.Y. 9,353.00 0.00 9,353.00 0.18 1,683.54 8.*RC·2 or EA-HVRS Tack Coat S.Y. 7,552.00 7,552.00 15,104.00 0.10 1,510.40 9.*Type "A" HMAC 2" Thk Cmpctd S.Y. 15,104.00 0.00 15,104.00 3.00 45,312.00 1110.*Type "D" HMAC 2" Thk Cmpctd S.Y. 7,552.00 0.00 7,552.00 3.00 22,656.00 11. Type "0" HMAC for Misc. Uses TON 0.00 0.00 0.00 30.00 0.00 12.*6" Curb"& 24" Gutter L.F. 2,851.00 0.00 2 , 851 . 00 4.60 13,114.60 1_8" Curb & 24" Gutter L.F. 1,313.00 0.00 1,313.00 4.90 6,433.70 1 . 5" Thk Cone. Driveways S.F. 5,713.00 0.00 5,713.00 2.25 12,854.25 15.*6" Thk Cone. Valleys S.F. 3,059.00 ·500.00 2,559.00 2.40 6,141.60 116. *4" Thk Cone. Sidewalk S.F. 7,860.00 0.00 7,860.00 1.50 11,790.00 17. Cl. "C" Cone. for Ret. Vall C.Y. 7.00 0.00 7.00 280.00 1,960.00 18. Adj. V.V. & Cleanout Boxes EACH 6.00 0.00 6.00 110.00 660.00 1119. Adj. San. Sewer Manholes EACH 5.00 0.00 5.00 330.00 1,650.00 20. c.o. 2 · Vheelchair Ramps S.F. 0.00 0.00 0.00 1.70 0.00 TOTAL AMOUNT EMERALD HILLS VAY ASPHALT $163,729.39 IIHERALD HILLS COURT ASPHALT ItA. UncI. Street Excavation C.Y. 255.00 0.00 255.00 $4.77 $1,216.35 2A. Rem. Exist. Curb & Gutter L.F. 794.00 0.00 794.00 1.80 1,429.20 3A. Rem. Exist. Cone. Flatwork S.F. 1,991.00 0.00 1 , 991 . 00 0.55 1,095.05 14A. Saw Cuts L.F. 198.00 0.00 198.00 1.60 316.80 SA. Subgrade Stab. w/Lime Slurry S.Y. 1,530.00 0.00 1,530.00 1.12 1,713.60 6A. Lime For Stab. Subgrade TON 31 . 00 0.00 31 . 00 65.00 2,015.00 7A. MC·30 or EA·HVMS Prime Coat S.Y. 1,254.00 0.00 1,254.00 0.18 225.72 18A. RC·2 or EA·HVRS Tack Coat S.Y. 2,508.00 0.00 2,508.00 0.10 '250.80 ,9A. Type "A" HMAC 2" Thk Cmpctd S.Y. 2,508.00 0.00 2,508.00 3.00 7,524.00 lOA. Type "D" HHAC 2" Thk Cmpctd S.Y. 1,254.00 0.00 1,254.00 3.00 3,762.00 ¡lA. 6" Curb & 24" Gutter L.F. 794.00 0.00 ' 794.00 4.60 3,652.40 2A. 5" Thick Concrete Driveways S.F. 1,991.00 0.00 1 , 991 . 00 2.25 4,479.75 Ie TOTAL AMOUNT EMERALD HILLS COURT ASPHALT : $27,680.67 I I CON T R ACT 0 R ' S EST I MAT E Contractor: J.L. Bertram Contr. & Engr. Iwner: City of North Richland Hills lace: North Richland Hills .. lis late No. 4 & FINAL Job No. 3·346 Date: lJi No. F3346REV. V20 Cal. Days: iro ect Description: EMERALD HILLS VAY AND EMERALD COURT V.O. Date: PAVING & DRAINAGE IMPROVEMENTS Scheduled Completion Date: For Materials Furnished and Labor Performed in Period Ending: Time Charged Thru Period (Days): .................. -.. Page 2 of 2 14·JUL-1989 120 6 - JUN· 1988 4-0CT-1988 27-JUN-1989 386 I~: PREVIOUS THIS UNIT ITEM DESCRIPTION UNIT ESTIMATE ESTIMATE TOTAL PRICE AMOUNT ............................. ......... ......... ......... ........... ........... MISCELLANEOUS ITEMS 11M. Misc. Plumbing Allowance 2M. Solid Sodding with Grass I L.S. S.Y. 0.45 0.00 0.45 0.00 2,880.00 2,880.00 $5,000.00 1.40 $2,250.00 4,032.00 TOTAL AMOUNT MISCELLANEOUS ITEMS $6,282.00 IfRIVEVAY AND SIDEVALK REPLACEMENTS 3R. Rem. Exist. Cone. Flatwork S.F. 4R. Saw Cuts L.F. 14R. 5" Thick Cone. Driveways S.F. 6R. 4" Thick Cone. Sidewalks S.F. 2,904.12 691.80 2,684.62 480.00 0.00 2,904.12 0.00 691.80 0.00 2,684.62 0.00 480.00 $1.55 1.60 2.25 1.50 $4,501.39 1,106.88 6,040.39 720.00 Ie TOTAL DRIVEWAY AND SIDEVALK REPLACEMENTS : $12,368.66 Ifield Verification of Job Conditions Itnd Confirmation of Pay Quantities ............................................................................................. Approved: Knowlton·English.Flowers, Inc. Consulting Engineers Iy: I Date: ,19 Date: 7-JS ,19g'1 - - I····································· ................................................. ...... Total · · · · · · · . . . . . . . . $210,060.72 Less Percent (%) Retained . . 0% 0.00 I Difference · · · · · · · · · · · · 210,060.72 Plus (%) Materials on Hand 75% 0.00 Total · · · · · · · . . . . 210,060.72 I Less Previous Payments · · · · 199,453.75 Difference Due This Estimate $10,606.97 (Note: Pay Last Amount Shown) ============ lI~i·~~;~~~~~·(i~~i:·~~~~~~:;;········2iõ:Õ6Õ:72···~~d;···2Õ2:i46:76····;~;~~~~;······iõ3:9i T. Charged Thru This Period: 386 Time:' 120 Percent: 321.67 I ' SEE f)fZ.AFT LOP,! (Owner's Project Representative) By: ~W/~ (Project Manager) I ~"_ .,.'~-;:!:~, __~t-{,~~-,:~·::,:·Jc :'~l£~---;~:;\~~~t~~--~~; ':~~·'~if1:~~;;!~;0:-~.-,~t~~-~~~~:ff1~-~: . -'j-",- Î'. ,,' '..\' ( " ··':~;f;·~','~,r:""'~'0:-r:'~¡)' ·';i·I:t,~k:'i ji;\~\,.H ", ;'\ ",. .. . . ""'.," , CITY OF NORTH RICHLAND HILLS Department: Public Works w 7/24/89 - Council Meeting Date: Agenda Number: PAY 89-05 Approve Final Pay Estimate #13 in the huuwIL vI $56,578.!j8 La AusLin Paving Starnes Road Street & Drainage Improvements This ClP project was awarded by the Council on February 22, 1988 for $904,568.17 to Austin Paving. The total contract amount after change orders was $986,685.44. Final payrœnt to the contractor will make his total earnings on the project $980,341.93. '!he Contractor substantially ccmpleted this project in February, 1989. The project is now totally canplete with all final adjustments having been made. Funding Source: Sufficient funds were appropriated for the project and the surrmary of cost are detailed below: Difference Transferred Budget Actual to Unspecified Paving Construction $ 570,520 $ 499,815.05 $ 70,704.95 Drainage Construction 390,000 378,849.63 11,150.37 Utility Construction 112,600 101,677.25 10,922.75 e'Ibtal Construction 1,073,120 980,341.93 92,778.07 Recarmendation: The staff recamends approval of final payrœnt to Austin Paving in the amount of $56,578 .58 and the transfer of the balance to the appropriate Unspecified Accounts as detailed above. Finance Review Source of Funds: Bonds (GO/Rev.) _ Operati 9 Budget - Other GO A t N mb 13-03-86-6150 cc. u er Sufficient F~ Available .~/?Z liII ftfrAZ~~ City Manager . Finance Director ;' nt Head Signature CITY COUNCIL ACTION ITEM . . Pace 1 of 1 I Ie I I I I I I I Ie I I I I I I I Ie I bf2e~ KNOWL TON-ENGLISH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas July 15, 1989 Honorable Hayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-342, CITY OF NORTH RICHLAND HILLS STARNES ROAD STREET & DRAINAGE IMPROVEMENTS CONTRACTOR'S FINAL PAY ESTIMATE NO. 13 Enclosed is one copy of Contractor's Final Pay Estimate No. 13, dated July 15, 1989, made payable to Austin Paving, in the amount of $56,578.58, for materials furnished and work performed on the referenced project as of April 28, 1989. The quantities and conditions of the project have been verified on-site by your representative, Ken Matheson, as indicated by nis signature on the estimate, and we have checked the item extensions and additions. Please see the attached "Construction Project Status Report" which accounts for the differences in original estimated contract quantities and final as-built quantities and costs for each pay item in the project. The original contract amount, including approved change orders, is $986,685.44. Contractor earnings, including new sidewalk construction ordered by the Council, and other change orders, totals $980,341.93, which is $6,343.51, (0.65-percent), under the original contract amount based on original estimated quantities and contract unit prices. The contract completion date was February 26, 1989. The Final acceptance date was April 28, 1989, which is 61 days over the Contract Completion Time of 335 calendar days. However, due to construction bad weather, change order delays, etc., we do not recommend assessment of liquidated damages to the Contractor unless recommended by the Public Yorks Department. The two (2) year period of maintenance begins on this date and therefore will terminate on July 15, 1991. In accordance with the provisions of Item 3.2.11(a) of the Contract Documents, the maintenance obligation includes "repair of all water line leaks and malfunctions of all valves, fire hydrants, and other equipment furnished and installed under this Contract along with storm sewer line breaks or stoppage. The maintenance obligation also includes sealing of pavement cracks, repair of pavement buckling or other failures, along with failure of all concrete flatwork and other concrete structures". 1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267-3367 I Ie I I I I I I I Ie I I I I I I I Ie I July 15, 1989 STARNES ROAD FINAL PAYMENT Page Ve recommend that the final payment, in amount of $56,578.58, be made to Austin Paving, P.O. Box 947022, Fort Vorth, Texas 76147. Please call if you have any questions. ~~w,~ RICHARD V. ALBIN, P.E. RVA/lld/f3342l19 Enclosures cc: Hr. Dennis Horvath, Deputy City Manager ~Mr. Greg Dickens, P.E., Director of Public Yorks ~ Mr. Ken Matheson, City Inspector Hr. Lee Maness, Director of Finance Hr. Barry Clark, Austin Paving 2 . . I CON T R ACT 0 R ' S EST I MAT E .. -.... Ilia1mate No. !We No. F3342. V20 IFroject Description: 13 & FINAL -....... . Job No. 3-342 Date: Cal. Days: STARNES ROAD STREET & DRAINAGE IMPROVEMENTS V.O. Date: Scheduled Completion Date: For Materials Furnished and Labor Performed in Period Ending: Time Charged Thru Period (Days): íontractor: Austin Paving wner: City of North Richland Hills lace: North Richland Hills r~: PREVIOUS THIS UNIT ITEM DESCRIPTION UNIT ESTIMATE ESTIMATE TOTAL PRICE ............................. ......... ......... ......... ........... ILSPHALT PAVING CONSTRUCTION : Page 1 of 3 14-JUL-1989 335 28-HAR-1988 26-FEB·I989 28-APR-1989 396 AMOUNT ----....... NOTE: Quantities for all change orders 1,2,3R, and 4 added to this form, 3/20/89 RVA. lIP. UncI. Street Excavation C.Y. 2P. Subgrade Stab. w/Lime Slurry S.Y. 3P. Lime For Stab. Subgrade TON 4P. Extra York . Cone. Sidewalk L.F. 15P. Deleted S.Y. ·6P. Deleted S. Y. 7P. Deleted S.Y. ~8P. Deleted L.F. 9P. 6" Thick Cone. Valley S.F. OPe 5" Thk Cone. Driveways S.F. i~ Type "D" HHAC for Misc. Uses TON ~ Adj. Ex. San. Sewer Manholes EACH 3P. Adj. V.V. Boxes to Fin. Grade EACH 14P. Rem. Exist. Curb & Gutter L.F. ISP. Rem. Exist. Cone. Flatwork S.F. 6P. Saw Cuts L.F. 17P. Rem/Dispose Frame Structure L.S. I 7,862.00 26,028.00 534.36 4,756.00 0.00 0.00 0.00 0.00 6,496.00 2,254.00 319.00 9.00 13.00 10.00 361.00 548.00 1.00 0.00 7,862.00 0.00 26,028.00 0.00 64.00 0.00 0.00 0.00 0.00 0.00 -175.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 534.36 4,820.00 0.00 0.00 0.00 0.00 6,496.00 2,079.00 3-1 9 . 00 9.00 13.00 10.00 361.00 548.00 1.00 RAINAGE CONSTRUCTION TOTAL AMOUNT BID, ASPHALT PAVING'IMPROVEMENTS 10. 18" Dia. RCP 2D. 21" Dia. RCP 130. 24" Dia. RCP 4D. 27" Dia. RCP 5D. 33" Dia. RCP ED. 39" Dia. RCP 7D. 42" Dia. RCP D. 4'·0" Vide Storm Drain Vault 90. 5'-3" Vide Storm Drain Vault IbD. 5' Vide Std. Curb Inlet 1110. 10' Vide Std. Curb Inlet 12D. Concrete for Box Culverts IPD. Railroad Tie Retaining Vall ~D. Triple Pipe Railing ~Anchor Plates Posts for Culvert Railing D. Furn. & Inst. Safety Systems TOTAL AMOUNT BID, I L.F. L.F. L.F. L.F. L.F. L.F. L.F. EACH EACH EACH EACH C.Y. L.F. L.F. EACH EACH L.S. 419.00 4 71 . 00 140.00 105.00 574.00 70.00 1,460.00 2.00 3.00 2.00 18.00 637.85 182.00 187.00 10.00 10.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DRAINAGE IMPROVEMENTS : 419.00 471.00 140.00 105.00 574.00 70.00 1,460.00 2.00 3.00 2.00 18.00 637.85 182.00 187.00 10.00 10.00 1.00 $4. 16 1.80 73.46 8.00 0.04 2.15 2.65 5.65 2.31 2.96 23.47 285.00 220.00 3.24 0.43 2.16 325.00 $19.40 21.50 24.75 26.90 36.60 42.00 57.00 970.00 1,400.00 1,345.00 1,450.00 221.00 50.00 48.50 27.00 27.00 5,400.00 $32,705.92 '46,850.40 39,254.09 38,560.00 0.00 0.00 0.00 0.00 15,005.76 6,153.84 7,486.93 2,565.00 2,860.00 32.40 155.23 1,183.68 325.00 $193,138.25 $8,128.60 10,126.50 3,465.00 2,824.50 21,008.40 2,940.00 83,220.00 1,940.00 4,200.00 2,690.00 26,100.00 140,964.85 9,100.00 9,069.50 270.00 270.00 5,400.00 $331,717.35 Date: Cal. Days: STARNES ROAD STREET & DRAINAGE IMPROVEMENTS V.O. Date: Scheduled Completion Date: For Materials Furnished and Labor Performed in Period Ehding: Time Charged Thru Period (Days): I CON T R ACT 0 R ' 5 EST I MAT E I.mate No. F No. F3342.Y20 IIroject Description: .......... -........ 13 & FINAL Job No. 3-342 'on tractor: Austin Paving wner: City of North Richland Hills lace: North Richland Hills Page 2 of 3 14-JUL-1989 335 28-MAR-1988 26-FEB-1989 28-APR-1989 396 I~: PREVIOUS THIS UNIT ITEM DESCRIPTION UNIT ESTIMATE ESTIMATE TOTAL PRICE AMOUNT -.-.....-........-........... ........- ..-...... ......-.. -.-.......- ...----.--. YATER CONSTRUCTION : 11v. 6" Dia. PVC Vater Pipe L.F. 100.00 0.00 100.00 2'1. 8" Dia. PVC Vater Pipe L.F. 280.00 0.00 280.00 ìV. 16" Ductile Iron Pipe L.F. 853.00 0.00 853.00 v. 6" Gate Valve & Box EACH 2.00 0.00 2.00 SV. 8" Gate Valve & Box EACH 4.00 0.00 4.00 6V. 16"Horz. GV w/Boxes & By-Pass EACH 3.00 0.00 3.00 Iv. 8"x6" Tap. Slv & 6" GV w/Box EACH 0.00 0.00 0.00 v. Fire Hydrants TONS 5.00 0.00 5.00 9V. Ductile Iron Fittings EACH 4.28 0.00 4.28 IV. Adapters for RCCP to DIP EACH 5.00 0.00 5.00 IV. ReI. Ex. Fire Hydrants & G.V. EACH 2.00 0.00 2.00 2Y. Misc. Plumbing Allowance L.S. 0.26 0.00 0.26 ~ Furn. & Inst. Safety System L.S. 1.00 0.00 1.00 * CO 2 · 16x8 T.S. w/8" GV EACH 6.00 0.00 6.00 5\1. * CO 3 · 12" PVC Vater Line L.F. 60.00 0.00 60.00 16V. * CO 3 . 12" Gate Valve EACH 1.00 0.00 1.00 IS. * CO 2 · 8" SS Pipe L.F. 225.00 0.00 225.00 S. * CO 2 · 5S Manhole EACH 1.00 0.00 1.00 " TOTAL AMOUNT BID, VATER IMPROVEMENTS ONCRETE PAVING CONSTRUCTION tc. 8" Thk (CI."A") Cone. Paving S.Y. 21,413.00 571.00 21,984.00 C. 6" Curb & 24" Gutter L. F. 10,071.00 0.00 10,071.00 I I I I Ie I TOTAL AMOUNT BID, CONCRETE IMPROVEMENTS : $17.75 20.50 40.90 400.00 600.00 3,820.00 1,025.00 890.00 1,900.00 650.00 780.00 10,000.00 5,350.00 1,807.30 24.75 880.00 20.35 1,485.00 $1,775.00 5,740.00 34,887.70 , 800.00 2,400.00 11,460.00 0.00 4,450.00 8,132.00 3,250.00 1,560.00 2,600.00 5,350.00 10,843.80 1,485.00 880.00 4,578.75 1,485.00 $101,677.25 13.95 306,676.80 4.68 47,132.28 $353,809.08 I CON T RAe TOR'S EST I HAT E Page 3 of 3 'Anate No. F~--No. F3342.Y20 Iroject Description: . . . . . - - . . . .. . . . - 13 & FINAL Job No. 3-342 14-JUL-1989' 335 28-MAR·1988 26-FEB·1989 lion tractor: Austin Paving ~ner: City of North Richland Hills Place: North Richland Hills Date: Cal. Days: STARNES ROAD STREET & DRAINAGE IMPROVEMENTS V.O. Date: Scheduled Completion Date: For Materials Furnished and Labor Performed in Period Ending: Time Charged Thru Period (Days): 28-APR-1989 396 t: I 1 1 PREVIOUS THIS UNIT ITEM DESCRIPTION UNIT ESTIMATE ESTIMATE TOTAL PRICE AMOUNT ............................- ........- ......... ......--. ........... ........... lield Verification of Job Conditions nd Confirmation of Pay Quantities .........................-...................................----............................ ,19_ Approved: Knowlton-English-Flowers, Inc. co~ Engineers . By:. ~t(J,c2a:- (Project Manager) 7"/~ I_ )t£~ tJ/Z.AF-r éorY (Owner's Project Representative) late: ,1911 Date: ............................................................................................. I THIS MONTH'S BILLING: I Street: $ 56,578.58 Drain: 0.00 Vater: 0.00 I TOTAL: $ 56,578.58 Total . . . . . . . . . . . . . . . $980,341.93 0% 0.00 980,341.93 75% 0.00 980,341.93 923,763.35 $56,578.58 Less Percent (%) Retained . . Difference . . . . . . . . . Plus (%) Materials on Hand Total . . . . . . . . . . . Less Previous Payments Difference Due This Estimate (Note: Pay Last Amount Shown) ----------- ----------- 1I~~~i·~~~~~~~~·{i~~i:·~~~~~~:;~·········9åõ3¡i:93···~¡d~···9Õ¡:Š6å:i7····;~~~~~~~······iõå:3å Time Charged Thru This Period: 396 Time: 335 Percent: 118.21 I I Ie I