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HomeMy WebLinkAboutCC 1988-10-24 Agendas I '1 I I I I ~I ~I ~I 1 :·······'·'···.······'····1·····. ~. ··~·.··>····.I······· ". ··.···,·...:..:.··.·.~I··.·. ~ .~ ~ I'· .. ···.'.····:···.·1·'······ ~ '..~.·.·.·I·.· ~... . . . I I ~. ~ ~ CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA OCTOBER 24, 1988 - 6:30 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. PS 88-17 Request of North Richland Hills Baptist Church for Replat of Lot 1R, Parchman Addition (Agenda Item No.8) (10 Minutes) 2. GN 88-100 Revised Animal Control Ordinance - Ordinance No. 1574 (Agenda Item No.9) (5 Minutes) 3. GN 88-101 Amendment to Building Code (Ordinance No. 1560) - Ordinance No. 1576 (Agenda Item No. 10) (5 Minutes) 4. PW 88-40 Approval of Change Order No. 6 - Grapevine Highway Water System Improvements (Agenda Item No. 12) (5 Minutes) 5. IR 88-46 Master Card/Visa System (10 Minutes) 6. Possible Work Session (5 Minutes) 7. Other Items (5 Minutes) I I I I I I I I I ·1 I I I I ¡·'I I I I ;1 Page 2 NUMBER ITEM ACTION TAKEN 8. *Executive Session (5 Minutes) a. Personnel b. Briefing on Pending Litigation c. Review of Progress on Land Acquisition 9. Adjournment - 7:20 p.m. *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. 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 OCTOBER 24, 1988 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. Invocati on 4. Minutes of the Regular Meeting October 10, 1988 5. Minutes of the Special Meeting October 17, 1988 6. Removal of Item(s) from the Consent Agenda 7. Consent Agenda Item(s) indicated by Asterisk (8, 9, 10 & 12) * 8. PS 88-17 Request of North Richland Hills Baptist Church for Replat of Lot 1R, Parchman Addition (Located south of Glenview Drive and west of Vance) * 9. GN 88-100 Revised Animal Control Ordinance - Ordinance No. 1574 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. GN 88-101 Amendment to Building Code (Ordinance No. 1560) - Ordinance No. 1575 11. GN 88-102 Appointment to Library Board *12. PW 88-40 Approval of Change Order #6 _ Grapevine Highway Water System Improvements 13. Citizens Presentation Mr. Howard Nix, Principal Foster Village Elementary Re: Sidewalk in the Vicinity of Foster Village Elementary School 14. 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. I R 88-46 Date: October 24, 1988 Subject: Master Card/Vi sa System In an effort to aid people in the payment of court fines, water payments or to pay fines to release an individual from jail, staff is preparing to implement a variation of a Master Card/Visa System unless the City Council objects. The traditional Master Card/Visa System is not proposed because of the possibility of loss of public funds due to charge backs and/or improper use of such cards. The proposed system protects against loss by guaranteeing the City its funds immediately, through an agreement with Fundsnet, Inc. of Dallas. Fundsnet charges an additional fee for this service, in accordance with the attached schedule. A person desiring the optional service will be able to present his or her Master Card or Visa to the Court Clerk, Jail Attendant, or Utility Clerk who telephones in the card number to a toll free 800 number, open 24 hours a day, seven days a week. An employee of Fundsnet at the Master Card/Visa Clearing Center will accept or decline the card and amount. Should they accept, an authorization code will be issued. This code is placed on a check that is already in our possession (example attached). The check is filled out and the person whose card was used will endorse the check. This allows the funds to be deposited in our account within 24 hours. With this system there is no cost to the City and we are not liable for charge backs or bad cards. The "Cash Call System" profit is derived from a fee for authorizing a check to be issued on the spot. The fee will be posted where the person can se~ the actual charge for the services they are requesting. They will also be advised of this fee before an authorization code is received from Master Card/Visa. They also will be required to sign the back of the check which shows this charge. Should Council have no objection, staff would like to implement this system as soon as possible. Respectfully submitted, ~-li()j John H. Whitney Director, Management Services JW/gp ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS. TEXAS I ;.;!¡::;Ji,¡i';d~ 1···i.;,I.....!.I...II.;..': }T,j,J ¡(;'. :1; 1"··':'.iJ¡::· ; ,¡;'I,r· ..' I'¡"l':!::"'" :!j':i.' · . . .,. j' I.'~.···.;';·'···:·' , :'j 1"" 1 i : i r Î; ¡ ~ ¡ ¡ i i¡ I I. ';'.i." H,;¡ '; ; "; i: ¡ .' : I¡ ,i¡:' . I· ; ' >!,::: J:": j , : ,:;¡!; I: ..' I I 'i.: :11 :t ':' .' .~.:.; ,'r.:;.;" ,¡ " I ;1:: f: 'ii' ;:: . """ 'I" '.,' 1 : .;; ; ! ~.: :;.' ,! . '. ~, ! , "¡" ¡',. ,.,: ;"'j ",.' ~ 1·'1' ': .,:;. .; . '~l' " 'I .. '11.' . I¡¡i: I I I I I I Ie' I EYN[)~~nETc. P. O. Box 210128 . Dallas. Texas 75211 . 214/339-1300 1 j I . . I, '. ¡ , , : I , I ¡ CASHCALL RATE SCHEDULE AMOUNT REQUESTED FEE CHARGED 0.00 TO 100.00 7.50 100.01 TO 150.00 10.00 150.01 TO 200.00 11.00 200.01 TO 250.00 12.00 250.01 TO 300.00 13.00 300.01 TO 350.00 14.00 350.01 TO 400.00 15.00 400.01 TO 450.00 16.00 450.01 TO 500.00 19.00 500.01 TO 550.00 20.00 550.01 TO 600.00 21.00 600.01 TO 650.00 27.00 650.01 TO 700.00 28.00 700.01 TO 750.00 29.00 750.01 TO 800.00 30.00 800.01 TO 850.00 31. 00- 850.01 TO 900.00 37.00 900.01 TO 950.00 38.00 950.01 TO 1000.00 39.00 1000.01 TO 1050.00 40.00 '1050.01 TO 1100.00, 41.00 :1100.01 TO 1150.00 42.00 '1150.01 TO 1200.00 . 43. 00 ' 1200. 01 TO 1250.00 44.00 1250.01 TO 1300.00 45.00 1300.01 TO 1350.00 46.00 1350.01 TO 1400.00 47.00 . . 1400.01 TO 1450.00 48.00 1450.01 TO 1500.00 49.00 ABOVE $1, 500 CfJm.NDED , ,'I' , , , :' ",' ~ ~ :' I ',¡ I . : ~ , '. , ; '.' I . ¡ ; , ! I' ., . , ! I, I ,,' .: I ~ ~ I :1. j; : '; ~. I , , , ¡ , , . : ~ I I ; , , I t ',' : ,.' I ¡ . , I Ie I I I I I I -- -------..- t~;~ftf;;c:,,~¿, . ,',' ( , .".~:':' i~'~~::¿:.F,':>·:" I aigj~;i.\ .""" ''', .."'..,~', I ':,' I I ' ~--~-~~~~~-----;76857 E.YIU)..}nEl: ISSU I NG LOCATION - - ---- ---.-------- - - ~ ---- '- '.,.' , .:. . '~;"'" .......... ...~.. ...", '. "-# J (,) t (,~ t:\ t, (: (~ (, t, iIJ <" (. (, ,--.,". '''':i: INSTRUCTIONS Compare credit card name with other form of 1.0. Inspect last name Secure authorization number Write the authorization number and amount on the check in appropriate space Complete the check form Obtain the payees endorsement -. " Assure the signature of endorsee is same as 1.0. and credit card Countersign in appropria~e space . .; Imprint the credit card on reverse side 0; check DO NOT FAIL TO IMPRINT THE CARD ON THE CHECK AND VERIFY ALL 1.0. , P.O. BOX 210128, Dallas, Texas 75211 NATIONAL WATS 800-527-6703 IUTHOR/ZAT/ON NUMBER: __ -:- _ _ _ _ Pay To Lount . 1-12 210 BEDFORD POLICE DEPARTMENT Date Dollars $ I NAME OF CARDHOLDER Pay~ IdIIIIIIII' CARD NUMBER EMICAL BANK FIFTH AVE. W YORK. NY 10018 ARRIVAL DATE NAME OF GUEST <'F RESERVATION) COUNTERSIGNED EXPIRATION DATE I III 2 ? b 8 5 ? III I: 0 2 ~ 0 0 0 ~ 2 8 I : ? 0 0 III 0 3 3 q ... ? III ,. I Ie - 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 - OCTOBER 10, 1988 - 7:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order October 10, 1988, at 7:30 p.m. 2. ROLL CALL Present: Tommy Brown Mayor Lyle Welch Councilman Mack Garvin Councilman Frank Metts, Jr. Councilman Virginia Moody Councilwoman Byron Sibbet Councilman Linda Spurlock Councilwoman Staff: Rodger N. Line City Manager Dennis Horvath Senior Assistant City Manager Patricia Hutson Assistant City Secretary Rex McEntire Attorney Richard Albin City Engineer Absent: Richard Davis Jeanette Rewis Mayor Pro Tem City Secretary 3. INVOCATION Counci~man Welch gave the invocation. 4. MINUTES OF THE SPECIAL MEETING SEPTEMBER 20, 1988 APPROVED Councilman Garvin moved, seconded by Councilman Metts, to approve the minutes of the September 20, 1988 Special Meeting. Motion carried 4-0; Councilwomen Moody and Spurlock abstaining due to absence from the meeting. 5. MINUTES OF THE REGULAR MEETING SEPTEMBER 26, 1988 APPROVED Councilman Garvin moved, seconded by Councilman Sibbet, to approve the minutes of the September 26, 1988 meeting. I" I Ie I I I I I I Ie I I il I I I I Ie I October 10, 1988 Page 2 Motion carried 4-0; Councilwoman Moody and Councilman Metts abstaining due to absence from the meeting. 6. PRESENTATION OF PROCLAMATION - CAR CARE MONTH Mayor Brown presented Mrs. Myrtis Byrd with a proclamation for "Car Care Monthll. 7. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilwoman Moody removed Item Nos. 18, 19 and 23 from the Consent Agenda. 8. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (17, 20, 21, & 22) APPROVED Councilwoman Moody moved, seconded by Councilman Metts, to approve the Consent Agenda. Motion carried 6-0. 9. PZ 88-14 PLANNING AND ZONING - PUBLIC HEARING _ REQUEST OF THE NORTH RICHLAND HILLS BAPTIST CHURCH TO REZONE LOTS A THRU F AND G-2 CALLOWAY ACRES ADDITION, LOTS 3 THRU 17 AND A PORTION OF LOT C, PARCHMAN ADDITION AND TRACTS 4A1 AND 4A2, A.G. WALKER SURVEY, ABSTRACT 1630, FROM C-1 (COMMERCIAL), R-7 (MULTI-FAMILY) AND U (INSTITUTIONAL) TO U (INSTITUTIONAL) (LOCATED SOUTH OF GLENVIEW DRIVE BETWEEN VANCE ROAD AND SCRUGGS DRIVE) Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Mark Wood, 6317 Riviera, representing North Richland Hills Baptist Church, appeared before the Council. Mr. Wood stated the purpose of this request was to consolidate all of the property being used by the Church into one zoning category. Mayor Brown called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak, Mayor Brown closed the Public Hearing. 10. ORDINANCE NO. 1570 APPROVED I' Ie I I I I I I I Ie I I I I I I I Ie I October 10, 1988 Page 3 Councilwoman Moody moved, seconded by Councilman Garvin, to approve Ordinance No. 1570. Motion carried 6-0. 11. PZ 88-15 PLANNING AND ZONING - PUBLIC HEARING _ REQUEST OF MILDRED KIDWELL TO REZONE TRACT 7A AND A PORTION OF TRACT 7A6, S. RICHARDSON SURVEY, ABSTRACT 1266 FROM AG (AGRICULTURE) TO OC (OUTDOOR COMMERCIAL) (lOCATED ON DAVIS BOULEVARD NORTHEAST OF TIMBER DRIVE) Mayor Brown opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Curtis Kidwell, representing Mildred Kidwell, appeared before the Council. Mr. Kidwell stated they wanted to use of the property as a golf driving range. Mr. Kidwell stated that was the only purpose they had for the property at this time. Councilwoman Spurlock stated she was concerned about the comments that were made at the Planning and Zoning Meeting regarding the golf balls reaching the people's yards. Mr. Kidwell stated that the people who questioned the driving distance at the Planning and Zoning Meeting, their propert~' was not adjacent to the proposed driving range and he did not think it was feasible for someone to hit a golf ball that far. Councilwoman Moody stated that the Planning and Zoning Minutes stated that the applicant would have no problem with it being restricted to recreational use. . Mr. Kidwell stated that was correct; that recreational use was their main purpose. Mayor Brown called for anyone wishing to speak in opposition to this request to please come forward. There being no one else wishing to speak Mayor Brown closed the Public Hearing. 12. ORDINANCE NO. 1571 APPROVED Councilwoman Moody asked the Staff why a five year restriction was placed on the request. Mr. Tucker stated that driving ranges were usually considered a temporary use of land. Mr. Tucker stated that normally driving ranges were I Ie I I I I I I I Ie I I I I I I I Ie I October 10, 1988 Page 4 considered to be warehousing of land until land values increased. Mr. Tucker stated that the Commission wanted to review the use of the property in five years to see if it was still appropriate. Councilwoman Moody asked if it was a recommendation from the staff. Mr. Tucker stated that it was not a staff recommendation. Councilwoman Moody moved, seconded by Councilman Garvin, to approve Ordinance No. 1571 without the five year restriction. Motion carried 5-1; Councilwomen Moody and Spurlock, Councilmen Sibbet, Garvin and Welch voting for, and Councilman Metts voting against. 13. PZ 88-17 PLANNING AND ZONING - PUBLIC HEARING _ REQUEST OF THE CITY OF NORTH RICHLAND HILLS TO REZONE A PORTION OF TRACTS 2F AND 2B, T. AKERS SURVEY, ABSTRACT 19 FROM I-2 (INDUSTRIAL) TO R-2 (SINGLE FAMILY) (LOCATED NORTH OF LOOP 820 AND BOUNDED ON THE WEST BY HALTOM CITY) Mayor Brown opened the Public Hearing and requested anyone wishing to speak in favor of this request to please come forward. Mr. C.A. Sanford, speaking on behalf of the City of North Richland Hills, appeared before the Council. Mr. Sanford stated this request would zone the property west of the proposed golf course land adjacent to Haltom City. Mr. Sanford stated he felt it would be the highest and best use of the land. Mr. Sanford stat~d the property was presently in a trusteeship with FSLIC. Mr. Sanford stated that the FSlIC requested the City initiate the zoning request. Councilwoman Moody stated the property in Haltom City adjacent to this request was residential and the City would be in effect building a buffer between the residential and North Richland Hills' industrial by approving this zoning request. Councilman Sibbet asked if there would be adequate access for fire and police protection. Mr. Sanford stated the developer of the property would have to participate in Browning Drive which would give access to the property. Mayor Brown called for anyone wishing to speak in opposition to please come forward. There being no one else wishing to speak Mayor Brown closed the Public Hearing. 14. ORDINANCE NO. 1573 APPROVED I Ie I I I I I I I Ie I I I I I I I Ie I October 10, 1988 Page 5 Councilwoman Moody moved, seconded by Councilman Sibbet, to approve Ordinance No. 1573. Motion carried 6-0. 15. PZ 88-16 PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENT TO ORDINANCE NO. 1080 (ZONING ORDINANCE) REGARDING SIGNS Mayor Brown opened the Public Hearing and called for anyone wishing to speak to please come forward. Mr. Bob Hudiburg, Hudiburg Chevrolet, appeared before the Council. Mr. Hudiburg stated that to delete the use of pennants was a paramount to saying they did not need any signs. Mr. Hudiburg stated that the use of pennants in the automobile business was a way of merchandising. Mr. Hudiburg stated that he felt pennants should be allowed on commercial property with property controls and licensing. Mr. Hudiburg asked the Council to consider allowing the use of pennants. Mayor Brown called for anyone else wishing to speak to please come forward. There being no one else wishing to speak Mayor Brown closed the Public Hearing. 16. ORDINANCE NO. 1572 APPROVED Councilwoman Spurlock moved, seconded by Councilwoman Moody, to amend the definition IITemporary Signll by deleting the word IIflag" and include that logo flags or award fla"gs be allowed and if the flag was flown in conjunction with a United States and/or Texas Flag it could be no larger than the accompanying flags and the size being no larger than 100 square feet. Motion carried 6-0. Councilwoman Spurlock moved, seconded by Councilman Metts, that Section 30.6 dealing with portable signs also state that the permit be displayed on the portable signs showing beginning and ending dates of the permit. Motion carried 5-1; Councilwoman Spurlock, Councilmen Sibbet, Garvin, Welch and Metts voting for and Councilwoman Moody voting against. Councilwoman Spurlock moved, seconded by Councilwoman Moody, that the wordage in Section 30.3.8 Filing and Permit Fees be changed to "1-50, 51-100, 101-200, 201-300 and 301 and above". Motion carried 6-0. I Ie I I I I I I I Ie I I I I I I I Ie I October 10, 1988 Page 6 Councilwoman Spurlock moved, seconded by Councilwoman Moody, that Section 30.6.3 Weekend Builders Advertising be changed to include new apartment advertising for the renting of their premises and new home builders who rent or lease. Motion carried 6-0. Councilwoman Spurlock moved, seconded by Councilman Sibbet, to allow pennants in commercial zoning as allowed by the present sign ordinance. Mr. line asked for a clarification of what the present ordinance allowed regarding pennants and what the proposed ordinance would allow. Mr. Sanford stated that the present ordinance only allowed for 50 square feet of pennants. Mr. Sanford stated the proposed ordinance does not define them as a permitted use. Councilwoman Moody stated she disagreed with the present ordinance. Councilwoman Moody stated that 50 square feet of pennants was not enough for a large automobile dealership. Councilwoman Moody stated she felt pennants should be allowed as part of the free enterprise system. Councilwoman Moody stated she felt both the present and proposed ordinances were unfair. The Council discussed allowing the use of pennants and concluded that the proposed Sign Ordinance could be considered for amendment upon the Planning and Zoning Commission's recommendation regarding pennants. Councilwoman Spurlock withdrew her motion and Councilman Sibbet withdrew his second. Councilman Garvin stated he felt that car dealerships could advertise without the use of pennants and that he did not want to make North Richland Hills look like East Belknap. Councilman Garvin stated he would not be in favor of allowing pennants. Councilman Garvin stated that if pennants were allowed for car dealerships it would also have to be allowed for other businesses. Councilman Sibbet stated he would be in favor of pennants and would like for the businessmen to meet with Mr. Sanford and negotiate a reasonable limit. Councilwoman Moody moved, seconded by Councilman Sibbet, to approve the proposed Sign Ordinance, Ordinance No. 1572, as amended. Motion carried 6-0. I" Ie I I I I I I I Ie I I I I I I I Ie I October 10, 1988 Page 7 *17. PS 88-7 REQUEST OF SEVERAL HOMEOWNERS TO REPLAT lOTS 10R-11R, BLOCK 9, lOTS 1R-9R, BLOCK 6, HALTOM RANCHLAND ADDITION, AND LOTS 3R-5R, AND 7R, BLOCK 4, DIAMOND LOCH NORTH ADDITION (LOCATED ON THE SOUTH SIDE OF TABOR STREET BETWEEN RUFE SNOW DRIVE AND DIAMOND lOCH NORTH) APPROVED 18. PS 88-21 CONSIDERATION OF A VARIANCE REQUEST FROM IMMANUEL EVANGELICAL LUTHERAN CHURCH ON TRACT A, BLOCK 7, HOLIDAY HEIGHTS ADDITION FOR CALLOWAY BRANCH CREEK APPROVED Councilwoman Moody expressed her concern about the taxpayers bearing the burden of another developer's responsibility. Councilwoman Moody stated she felt a covenant should be signed. Mr. Tom Miller, representing Immanuel Evangelical lutheran Church, appeared before the Council. Mr. Miller stated the Church was seeking a variance because the cost of improving Calloway Branch was cost prohibitive to the congregation. Mr. Miller stated that in 1975 they improved the creek to the existing survey and provided an additional 25 feet of easement at their own cost. Mr. Miller stated the relocation of the students would remove them from the floodway. Councilwoman Moo~ asked if the school was a day care center. Mr. Miller stated no, that it was an educational facility. Councilwoman Moody stated she could not consider forgiving the fees of this channel. Councilwoman Moody stated the congregation owns the property and was the developer and as a developer they have certain obligations to meet. Councilwoman Moody stated she was not requesting that they do the channel now, but was asking that they sign a letter of covenant that the congregation would be prepared to meet their obligation in the future. Councilwoman Moody asked if they would be willing to sign a covenant. Mr. Miller stated they had considered signing a covenant, but because the channel was totally on their property, they would have to figure the cost of the improvement at 100 percent and the improvement would cost more than the proposed facility. Mr. Miller stated they could not afford to go into a covenant with the City. ' Councilwoman Moody moved, seconded by Councilman Metts, to approve the variance with a letter of covenant for the improvements to Calloway Branch. I" Ie I I I I I I I Ie I I I I I I I Ie I October 10, 1988 Page 8 Councilwoman Spurlock asked if the only improvement to the land in 1975 was the grading of it. Mr. line stated when the existing building was constructed the Subdivision Ordinance at the time required that the drainage channel be widened. Mr. line stated that since that time the Subdivision Ordinance had been amended to require that channel sides be concrete lined. Councilwoman Moody stated she felt the Church should be allowed to build their school, but at the time that the drainage work was required, they should be required to pay their fair share of the drainage channel improvements. Mr. Merl Wade, Pastor, appeared before the Council. Mr. Wade stated that at the time they constructed the Church they were required to give a 100 foot easement, the full eastern part of their property and the Church met all of the City's requirements including dredging the ditch. Mr. Wade stated the Church put money into escrow for the improvement of lola Drive, and put in the required fire hydrant on their property. Mr. Wade stated it was impossible for the Church to sign a covenant knowing that they would be unable to come up with the money. Mr. Wade stated that they would relocate first. Councilwoman Spurlock asked how their burden would be affected when the impact fees went into effect. Mr. Dickens stated it would depend on the rate that the Council put into effect. Councilwoman Moody called for point of order. Councilman Sibbet asked what type of erosion could be expected on the west side of the property in a 100 year flood. Mr. Dickens stated it was not necessarily the 100 year storms that caused erosion but the medium size storms. Councilman Metts asked when they planned to begin their proposed building project and how long would it take to pay for it. Mr. Wade stated they hoped to go out for bids in four weeks, construction would be complete in approximately four months, and they were planning to pay for it in fifteen years. Councilwoman Moody called for the question. Motion carried 3-4; Councilwoman Moody, Councilmen Welch and Sibbet voting for and Councilwoman Spurlock and Councilmen Garvin and Metts voting against, and Mayor Brown voting against to break the tie. Councilman Garvin moved, seconded by Councilwoman Spurlock, to approve PS 88-21. I Ie I I I I I I I Ie I I I I I I I Ie I October 10, 1988 Page 9 Councilman Garvin stated he felt the issue would be brought up again. Councilman Garvin stated he had some concern about the definition of a developer. Councilman Sibbet asked if the school would generate revenue. Mr. Wade stated the school was supported by the voluntary contributions of its members. Mr. Wade stated that three years ago they started asking for $120 donation from the non-members. Mr. Wade stated they hoped to return to total voluntary contributions in the future. Councilman Garvin stated the channel would have to be improved in the future. Councilman Garvin stated that in terms of the definition of a developer that is creating additional water, it was different for them to share the costs then for someone who had been a resident of the City since 1970. Councilwoman Moody stated since she had been on the Council, the Council had made other churches pay their fair share. Motion carried 6-1; Councilwoman Sibbet, Councilmen Garvin, Sibbet, Welch and Metts voting for and Councilwoman Moody voting against. 19. GN 88-97 AMENDMENT TO WATER SERVICE CONTRACT WITH THE CITY OF FORT WORTH, ORDINANCE NO. 1568 APPROVED Mr. Jim Cato, 6733 Parkwood, appeared before the Council. Mr. Cato stated he would like to address the water rate i"nc'reã·se." ~1r. Cato stated the the City had the option to plead their case before: the PUC. Mr. Cato stated the Texas Water Control Board also allocated all of the water sheds in the 'North Central Texas area to either Fort Worth or Dallas. Mr. Cato stated that at the time Fort Worth projected its need on the entire needs of Tarrant County. Mr. Cato stated the City also had the option' of buying water from Tarrant County #1. Mr. Cato stated this would require a water treatment plant and an agreement with other cities in the area. Councilwoman Moody moved, seconded by Councilman Sibbet, to approve Ordinance No. 1568. Motion carried 6-0. *20. GN 88-98 CONTRACT FOR GOLF COURSE ENGINEERING APPROVED *21. GN 88-99 UTILITY LOCK BOX SERVICES/PRINTING SERVICES APPROVED l- Ie I I I I I I I Ie I I I I I I I Ie I October 10, 1988 Page 10 *22. PW 88-38 APPROVAL OF CHANGE ORDER NO. 3 _ GRAPEVINE HIGHWAY WATER SYSTEM IMPROVEMENTS APPROVED 23. PW 88-39 APPROVAL OF CHANGE ORDER NO. 13 _ WATAUGA ROAD PAVING AND DRAINAGE IMPROVEMENTS DENIED Councilman Garvin moved, seconded by Councilman Metts, to deny PW 88-39. Councilwoman Moody stated that she found it appalling that Council would spend $100,000 plus on landscaping on Watauga Road and not spend $10,000 for the safety of the citizens walking on the thoroughfare. Motion carried 4-3; Councilmen Sibbet, Garvin and Metts voting for, and Councilwomen Spurlock and Moody and Councilman Welch voting against, and Mayor Brown voting for to break the tie. 24. CITIZENS PRESENTATION MRS. MARY LOU SMATHERS DAY 7509 CHAPMAN RE: CHAPMAN ROAD ASSESSMENT Mrs. Day was not present. Mr. Bill Ernst, 6612 Tabor, appeared before the Council. Mr. Ernest expressed his dislike over the installation of the traffic signal at Meadowlake Drive and Rufe Snow. 25. ADJOURNMENT Councilman Metts moved, seconded by Councilwoman Moody, to adjourn the meeting. Motion carried 6-0. Mayor ATTEST: City Secretary · "" - I Ie I I I I I I I Ie I I :1 I I I I Ie I MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - OCTOBER 17, 1988 - 6:30 P.M. 1. CALL TO ORDER Mayor Brown called the meeting to order October 17, 1988, at 6:30 p.m. 2. ROLL CALL Present: Tommy Brown Mayor Richard Davis Mayor Pro Tern Lyle Welch Councilman Mack Garvin Councilman Frank Metts, Jr. Councilman Virginia Moody Councilwoman Byron Sibbet Councilman Staff: Rodger N. Line Greg Dickens Rex McEntire City Manager Public Works Director Attorney Absent: Linda Spurlock Councilwoman 3. ADJOURN TO EXECUTIVE SESSION A. PERSONNEL DISCUSSION B. PENDING LITIGATION Council adjourned to Executive Session. 4. RECONVENE FORMAL MEETING Mayor Brown called the meeting back to order with the same Council Members present as recorded. 5. GN 88-98 CONTRACT FOR GOLF COURSE ENGINEERING APPROVED Councilwoman Moody moved to award the contract to Rady & Associates. Motion died for lack of a second. Councilman Metts moved, seconded by Councilman Welch, that the contract be awarded to Knowlton, English & Flowers. Motion carried 5-0; Mayor Pro Tern Davis abstaining. I Ie I I I I I I I Ie I I I I I I I Ie I October 17, 1988 Page 2 6. ADJOURNMENT Mayor Brown adjourned the meeting. Mayor ATTEST: City Secretary ~; I CITY OF NORTH RICHLAND HILLS I Department: .Ubject: I I I I Economic Development 10/24/88 Council Meeting Date: Request of North Richland Hills Baptist Church tor Kepiat ot Lot lK, ~archman Add1L1on PS 88-17 Agend~ Number: This Replat Application is presented for consideration of Lot IR, Parchman Addition. The subject property is located south of Glenview and between Vance Road and Parchman Street. The purpose of this replat is to remove lot lines on Lots 3 through 17 and Plat Tract 4A1, 4A2, A.G. Walker Survey. The Developer's Engineer has agreed to all engineer's comments with exception of items 4, 5, 9, 10, and 11. RECOMMENDATION: The Planning and Zoning Commission approved the Replat Application PS 88-17 and recommended that the following engineer's comments be waived: Item 4. Building line along Parchman Street 5. Additional right of way along Glenview Drive 9. Additional fire hydrants 10. Sidewalks along Glenview Drive 11. Pro rata for six new water lines 4IÞThe City Council should act on the recommendation of the Planning and Zoning Commission. Finance Review Acct. Number Sufficient Funds Available ((1J1c/-~ nt Head Signature City Manager CITY COUNCIL ACTION ITEM . Finance Director Page 1 of 1 ZO I G I Ie ROUGH ORDINANCE NO. 1085 OR I LISTED IN REVISION BLOCK. o 500 lOt -..r-_~ P OF NO '~ I Ie I I I I I I I Ie I I I I I I I Ie I Page 2 p & Z Minutes October 13, 1988 3. PS 88-17 ( ( Request of North Richland Hills Baptist Church for replat of Lot lR, Parchman Addition. Delbert Stembridge, Engineer, came forward to represent the church. He stated they had received the city engineer's comments and they take exception to 5 items: H4-They request a 15 foot setback instead of a 20 foot since it will be considered as the rear of the property; US-They do not wish to dedicate additional right-of-way on Glenview since it has been down graded and no additional right-of-way is needed; #9-They do not wish to install another fire hydrant, they already have two others, one on Vance and one on Parchman. Mr. Stembridge stated they could use the fire hydrant across Glenview if the need arises. D8-The architect will show the fire lanes on the site plan; OIl-They do not feel they should have to pay pro rata, the structure has been there for 25 years and had service that long. He said they do not think it is fair, and they do not feel the city has required this before. . Mr. Wood stated in another letter from the city engineer, they are requesting sight triangles. Mr. Stembridge said they had no objection to this if it is a city policy. Mr. Bowen stated it is a new policy. Mr. Lueck asked how much it would cost to change the plat to show the sight triangles. Mr. Stembridge said about a dollar. Mr. Bowen asked about the sidewalks. Mr. Stembridge stated the sidewalk is already there and would be shown on the site plan. '. I Ie I I I I I I I Ie I I I I I I I Ie I Page 3 P & Z Minutes October 13, 1988 ( ( Mr. Barfield said the reason the fire department does not want to use the fire hydrant across Glenview is there is no one to control traffic for several minutes and someone would drive over the hoses. Mr. Wood stated they have 300 foot coverage on most of the area and the two hydrants reach a portion of the building. He said for the expense involved, he feels the church has plenty of coverage already. Mr. Wood stated nothing is being changed on the north end of the lot and they have sufficient coverage on the south end. Mr. Bowen stated regarding pro rata, this Commission cannot waive pro rata, only the City Council can. PS 88-17 APPROVED Mr. Brock made the motion to approve PS 88-17. Mr. Barfield said it needs to be subject to the engineer's comments and waive the following items: #4 of the September 22nd letter regarding the building line on Parchman Street; U5-waive the right of way; #9, 10, & II-waive. Mr. Brock amended his motion. This motion was seconded by Mr. Bowen and the motion carried 7-0. 4. PS 88-19 TABLED 9/22/88 Request of Mildred Kidwell for plat of Lot 1, Block 1, Kidwe Addition. why did they need at street frontage. Mr. Tucker said it stated in the subdivision ordinance the definition of a lot that it must front on a public street and be at least 50 feet wide. I -, ~ <,j Ie I I I I I I I Ie I I I I I I I Ie I ( ( City of J(8rth Richland Hills, Texas October 12, 1988 REF: PWM-0095-88 Mem to: Planning & Zoning Commission From: Kevin B. Miller, P.E. Assistant Director of Public Works/Utilities RE: Response to Engineer's Letter Dated September 30, 1988 for the Replat of PARCHI1AN ADDITION, Lot lR A review of the referenced plat was made previously and review comments are contained in a memo addressed to the Planning and Zoning Commission dated September 22, 1988. This memo will therefore only address those items receiving a negative response in the Engineer's letter dated September 30, 1988. Item 6: Sight triangles are not a new concept in general, however they are somewhat new for North Rich1and Hills. Sight triangles do not subtract from the total area of the lot but do restrict the permanent placement of above ground objects. Due to the increasing number of residences within the City which refuse to respond to requests to trim trees, bushes, weeds, etc., staff has elected to require sight easements. This will provide future means of enforcement and therefore assist both the Public Works and Community Development Departments in providing safer intersections. Item 9: This policy is not unique to North Richland Hills nor is it new for North Richland Hills. It is not considered unreasonable to require a developer to provide adequate fire coverage without laying hoses across a collector street. The Fire Department prefers not to need to cross a collector such as Glenview while attempting to fight a fire. Item 10: The original drawing did not appear to show sidewalk on Glenview across the entire frontage. If sidewalk does not exist along the entire Glenview frontage included in this plat, it should be installed. (817) 281-0041/7301 N.E. lOOP 820/P.O. BOX 18609/NORTH RICHlAND HillS, TX 76118 I Ie I I I I I I I Ie I I I I I I I Ie I .. ! Parchman Addition, (~ lR Page 2 October 12, 1988 ( Item 11: This plat incorporates two large tracts of land (TR 4Al & TR 4A2 of the A.G. Walker Survey - abstract A-1630) which have not previously been platted. The pro rata charges were calculateq for that frontage which has not previously been platted. (A1>pcu.~:P3¡400,O() ~ /J~~ , ø:~-'- ~~~ Kevin B. Miller, P. . Assistant Director of Public Works/Utilities KBM/ds cc: Mr. George Tucker, Planning Manager Mr. Gregory W. Dickens, Director of Public Works I I' e I I I I,. I I I Ie I I' I I I I I I_ I { ( Stembridge & Associates, . Consulting Engineers Re: PS 88-18; Replat of PARCHMAN ADDITION, LOT 1R and Site Plan ~ I ~ ~eptember 30, 1988 Planning and Zoning Commission City of North Richland Hills . N. E . Loop 820 I P. O. Box 18609 North Richland Hills, Texas 76180 We have recieved the review letter from the City above referenced project and we offer the following PLAT Item 1. The metes and bounds description has been Item 2. Lot or Tract numbers and current ownerships of the property to the south of this plat have been added to the plat. Item 3. The Utility Easement along the southern portion of this tract has been identified to remain and the additional 7.5' Easement has been added to the plat. Item 4. The building line along Parchman Street is the side yard building line and should 'remain 15 feet. Item 5. Glenview Drive has been downgraded and an 80 feet R.O.W. is not necessary. The existing R.O.W. has been shown on the plat. Item 6. The Utility Easement has been added as requested. It has not been City policy to require triangular site easments. SITE PLAN Item 7. The portion of the drawing refering to a Replat has been removed. Item 8. The location of the proposed bUilding, fire lanes, drive approaches and site grading will be submitted by the architech. 4028 Daley, Suite 103 . North Richland Hills, Texas 76118 . (817) 284-1363 Item 9. In case the event of a fire the closing of and rerouting of traffic on Glenvlew Drive and also. on Vance Road would become neccessary. This would allow the fire hydrant on the opposite side of the street to be used. I Ie I, ' I· I I' I I I I- I I I I I I I Ie I ( ( , , PS-88-18; Replat of PARCHMAN ADDITION, LOT1R Page 2 September 30, 1988 Item 10. Existing sidewalks along Glenview Drive have shown. There are no new sidewalks proposed. GENERAL Item 11. It has not been City pol~cy to collect pro rata on Replats of existing structures since they are already in use. i . . . Item 12. If any additional taps are required the owner has no objection to paying tap fees. No additional water meters are anticipated. Item 14. Any additional drainage reference comments will appropriated when the building and site drainage plans submitted. If you have any comments regarding this submittal, not hesitate to call. Sincerely, ~~.~tembridge, I~ Ie I I I I I I I Ie I I I I I I I Ie I ( ( City of j\(8rth Richland Hills, Texas September 22, 1988 REF: prlli-009 2 -88 Memo to: Planning & Zoning Commission From: Kevin B. Miller, P.E. Assistant Director of Public Works/Utilities RE: PS 88-17; Replat of PARCHMAN ADDITION, Lot lR and Site Plan I have reviewed the above referenced documents and offer the following comments. PLAT 1. The fourth paragraph of the metes and bounds description references the "Northeast corner". This should be changed to indicate the "Northwest corner". 2. Lot or Tract numbers and current ownership should be included to identify those lots immediately south of this plat. 3. The 5 foot utility easement along the southern portion of this plat should be identified to remain both by written notes and legend. In addition, a 7.5 foot wide utility easement should be dedicated as shown on the attached drawing. 4. The building line along Parchman Street is shown to be 15 feet. It appears it should be 25 feet. 5. The existing right-of-way and centerline along Glenview Drive should be shown. If necessary, additional right-of-way should be dedicated to provide ~ of an 80 feet wide ultimate right-of-way. 6. Utility and Site Triangle Easements should be dedicated as shown on the attached drawing. SITE PLAN 7. The portion of the drawing defining this sheet as a replat should be removed. 8. A site plan showing the location of the proposed building should be submitted. In addition the drawing should clearly define the location of the proposed fire lane, driveway approaches and site grading. (817) 281..Q04117301 N.E. lOOP 8201P.O. BOX 18609/NORTH RICHlAND HillS, TX 76180 I ' Ie I I I I I I I Ie I I I I I I I 1- I PARCHMAN ADDITION Page 2 September 22, 1988 ( ( 9. Current policy does not allow credit towards fire hydrant coverage which is supplied by hydrants located on the opposite side of a collector street or larger. Additional fire hydrants may therefore be required. 10. Existing and proposed sidewalks along Glenview Drive should be shown. GENERAL 11. Pro rata is due for the 6 inch water lines in Parchman and Vance and the 6 inch water and sewer lines in Glenview as shown below: PARCHMAN WATER VANCE WATER GLENVIEW WATER GLENVIEW SEWER 207.4 feet x $4.00/Ft 207.4 feet x $4.00/Ft 347.5 feet x $4.00/Ft 347.5 feet x $4.00/Ft $ 829.60 $ 829.~0 $1,390.00 $1,390.00 12. Water and sewer tap fees will be collected based on the size of the water meter and the type of sewer connection required. In addition, Sewer System Access Fees will be collected based on the size of the water meters. 13. A letter of approval from each of the utility companies impacted by the easement vacations should be submitted to this office prior to filing the final plat. 14. Additional comments regarding drainage may be appropriate pending the next submittal. The comments contained herein do not purport to relinquish the design engineer from his responsibility to provide adequate, accurate, buildable construction plans, nor does approval of the construction plans signify acceptance of responsibility by the City of North Richland Hills for the engineering contained in the bid documents. ~'/' . . ~ J"'- <~ 'Kevin B. Miller, P.E. . Assistant Director of Public Works/Utilities KBM/ds CITY OF NORTH RICHLAND HILLS ~epartment: Subject: Environmental Services Council Meeting Date: 10/24/88 Revised Animal Control Ordinance - Ordinance No. 1574 Agenda Number: GN 88-100 In July 1988 an Animal Shelter Advisory Committee was formed. This committee was chaired by Mayor Pro Tem Richard Davis and consisted of all the local veterinarians, Dennis Horvath and Pam Burney. This committee carefully reviewed the existing Animal Control Ordinance and our animal control procedures and have recommended several minor changed to the existing ordinance. The paragraphs containing these changes are indicated by an asterisk. The one major change recommended by the committee pertains to our existing fee structure and the proposed new fees are included in the ordinance. The staff concurs with these recommendations and the new fees are consistent with what other cities charge as well as actual costs incurred. e Impoundment of Neutered Animals First Impoundment Second Impoundment Third Impoundment Impoundment of Un-Neutered Animals First Impoundment Second Impoundment Third Impoundment Board Quarantine Old Fees $10.00 10.00 20.00 Proposed Fees $ 10.00 50.00 100.00 $25.00 25.00 40.00 4.00/day 6.00/day $ 25.00 50.00 100.00 6.00/day 10.0Q/day In addition to the fee increases noted above, Article 7 has been added to replace Article 6 Section 9. This article deals with the proper handling of vicious and potentially dangerous animals. This article has been extensively researched and some sections have already been challenged and upheld in court in other municipalities. While the subject of vicious animals is a sensitive one, it is felt that this article will deal with both sides of the issue, and the ultimate concern has to be to protect the public from these animals. The attorney. for the City has reviewed this change and concurs with its content. Recommendation: It is recommended that the City Council approve Ordinance No. 1574. ~ Source of FÜnds: Bonds (GO/Rev.) aOp . dge _0 her Finance Review Acct. Number Sufficient Funds Available ~I f-< fif ¡(1JZ~ Department Head S¡grfí re City anager 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 Ie I ~NDEX 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 Ie I I I I I I ORDINANCE NO. 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: I SECTION 1. Ie I I I I I I I Ie I (A) OWNER: Any person who has right of property in an animal. (B) HARBORING: The act of keeping and caring for an animal or of providing a premise to which the animal returns for food, shelter, or care for a period of 10 days or longer. (C) DOMESTIC ANIMAL: Shall incluqe all species of animals connnonly and universally accepted 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 identifiable owner or harborer, which is found to be at large within 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. I Ie I I I I I I I Ie I I I I I I I Ie I * (H) VICIOUS ANIMAL: (1) Any animal that, when unprovoked, inflicts severe injury or death to a person, or bites or attacks a per~on 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 1nJury, 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 animal 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 minimum dimensions of five (5) feet by ten (10) feet. The fence or structure/pen must form an enclosure suitable to prevent entry of young children, and must be locked and secured such that an animal cannot climb, dig, jump, or otherwise escape of its own violation. The enclosure shall be securely locked at all times. The structure/pen shall have secure sides to prevent the potentially 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. I Ie I I I I I I I Ie I I I I SECTION 1. I I I Ie 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 o~tside, 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 IMPOUNDMENT: Animals owned or harbored in violations of this ordinance or law of the State of Texas shall be taken into custody by an animal control officer or other designated official and impounded under the provisions of this ordinance. I Ie I I I I I I I Ie I I I I I I I Ie I 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 ~mpoundment 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 or other means approved by the City Council. 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 court which may also direct the owner to pay any penalties for violation of this ordinance in addition to all impounded fees. Surrender of an animal by the owner thereof to the Animal Control Division does not relieve or render the owner immune from the decision of the court, nor to the fees and fines which may result from a violation of this ordinance. REMOVAL OF DOGS & CATS FROM CONFINEMENT: It shall be unlawful for any person to remove from any place of confinement any dog or cat which has been confined as authorized, without the consent of the impounding agency. ANIMALS AT LARGE: It shall be unlawful for any person owning or harboring an animal to permit such animal to run at large. Any officer or citizen of the City of North Richland Hills is hereby authorized to take up and deliver to the office of the Animal Control Division any animal mentioned in this ordinance that may be found "at large" in the corporate limits of the City, subject to the applicable provisions of the law. Failure to notify and/or turn over to the Animal Control Division any such animal within forty-eight (48) hours may subject the person taking up the animal to civil and/or criminal action. The animal control officer or his agent and peace officers are authorized to impound any animal mentioned in this ordinance which is in violation of the ordinance. In the event the animal is on private property or property of the animal's owner, the animal control officer, his 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. I Ie I I I I I I I Ie I I I I I I I Ie I SECTION 6. SECTION 7. SECTION 8. CONFINEMENT DURING ESTRUS: Any unspayed female dog or cat in the state of estrus (heat) shall be confined during such period of time in a house, building, or secure enclosure and said area of enclosure shall be so constructed that no other dog or cat may gain access to the confined animal. Owners who do not comply shall be ordered to remove the animal in heat to a boarding kennel, veterinary hospital, or animal shelter. All expenses incurred as a result of this confinement shall be paid by the owner. Failure to comply with the removal order of the Animal Control Division shall be a violation of this ordinance and the dog or cat will then be impounded as prescribed in this ordinance. FEES: The following fees are established beginning with and the effective date of this ordinance. (A) IMPOUNDMENT OF NEUTERED ANIMAL First Impoundment----------------------$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--------------------------$10.00 per day A $15.00 refund wi¡l 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 reproductíon,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. (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 I Ie I I I I I SECTION 1. I I Ie SECTION 2. I SECTION 3. I I SECTION 4. I I I I Ie I violation of this ordinance. (D) The adoption fee shall be set to render neutral the cost of surgically altering, medicating and preparing said animal for adoption. (E) All dogs and cats adopted from the North Richland Hills Animal Shelter which are three (3) months or older shall have that animal vaccinated for rabies with an approved killed tissue vaccine by a veterinarian licensed with the State of Texas within forty-eight (48) hours of adoption. ARTICLE 4. KENNELS A kennel is defined as an establishment designed or used for the boarding, selling or breeding of animals where more than three (3) dogs and two (2) cats or three (3) cats and two (2) dogs are to be boarded, sold or bred. A kennel shall not be allowed until a kennel permit is issued by the City of North Richland Hills. The Animal Control Division shall determine, after inspection, whether or not such permit shall be issued. No permit shall be issued for a kennel to operate within 1,000 feet of any residence. Grooming parlors where no animals are to be kept overnight and veterinary clinics shall not be considered kennels. Such permits shall be valid for one (1) year from date of issuance. The permit fee shall be five dollars ($5.00). REVOCATION OR SUSPENSION OF PERMIT: Any kennel permitted under this ordinance found to be in violation of any zoning law, health law, or any other applicable law of the City of North Richland Hills or of the State of Texas, or that is maintained in such a manner as to be detrimental to the health, safety or peace of mind of persons residing in the inunediate 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 section. Any person, firm, or corporation wishing to keep more than three (3) dogs and two (2) cats or three (3) cats and two (2) dogs and who does not posses a kennel permit, may procure a multiple pet-ownership permit from the City. The permit once issued shall be a defense to the terms of this section. Such permit shall be issued through the office of the Animal Control Division for a fee of five dollars ($5.00) and shall be valid for one year from the date of issuance. Such permi t contemplated by this section may be revoked by the Animal Control Division if: I Ie I I I I I I I Ie I I I I I I I Ie I SECTION 5. SECTION 6. (A) The facilities, upon inspection, show that they are inadequate for the number of animals sought to be kept. (1) Facilities shall be of sufficient size as to allow animal to move about freely. This shall apply to each animal kept. Size of the facility shall be in proportion to the size of each individual animal's height and weight. (2) Adequate food and water must be provided so that each and all animals kept shall be maintained in good health and free of malnutrition and/or dehydration. (3) The said premises shall be kept in a sanitary condition and reasonably free of animal waste, parasites, insects and flies that could be harmful to the animal's health and/or to the health of the general public. (4) The said premises must provide adequate protection from the common elements, i.e, rain, heat, cold. (B) The animals kept are causing a stench or odor which is offensive to a person of ordinary sensibilities; or (C) The animals are maintained in a manner which is dangerous to the health of the animals themselves or adjacent animals; or (D) The animals are causing noise which is offensive or disturbing to a person of ordinary sensibili ties on adj oining, adj acent, or neighboring pre~ises. (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:' ~t 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 to be kept or harbored in the city, and shall establish the conditions thereof. BARKING DOGS: Any person who shall harbor or keep on his premises, or in or about his premises under his control, any dog or animal of the dog kind which by loud or unusual barking or howling shall cause the peace and quiet of the neighborhood or the occupants of adj acent premises to be disturbed shall be guilty of a misdemeanor, and a separate I Ie I I I I I II I I I Ie I I I I I I I Ie I SECTION 1. SECTION 2. SECTION 3. SECTION 4. offense shall be deemed committed upon each day during or on which such violation occurs or continues. ARTICLE 5. ESTRAYS UNATTENDED ESTRAYS: It shall be unlawful for any person, firm or corporation to allow an estray(s) to be unattended upon any public street, alley, thoroughfare or upon the property of another in the corporate city limits of North Richland Hills. The person, firm or corporation having ownership or right to immediate control of such estray(s) shall have the burden to keep such estray(s) off the public streets, alleys, and thoroughfares or the property of another in the City. Any person, firm or corporation violating any portion of this section shall be deemed guilty of a misdemeanor and shall be fined not less than ten dollars ($10.00) or more than two thousand dollars ($2000.00). IMPOUNDMENT: It shall be the duty of the Animal Control Division in absence of action by the County Sheriff's office, to take up any and all estrays that may be found in and upon any street, alley, or in or upon any unenclosed lot in the City of North Richland Hills, or otherwise to be found at large, and to confine such estrays for safe keeping. Upon impounding an estray, the Animal Control Division shall prepare a "Notice of Estray" and file such notice in the "Estray Book" located in the office of the Animal Control Division. Each entry shall include the following: (A) The name and address of the person who notified the Animal Control Division of the estray; (B) The location of the estray when found; (C) The location of the estray until disposition; CD) A description of the animal including it's breed, color, sex, age, size, all markings of any kind, and other identifying characteristics. ADVERTISEMENT OF IMPOUNDED ESTRAYS: When an estray has been impounded, the Animal Control Division shall make a diligent search of the register of recorded brands in the County for the owner of the estray. If the search does nor reveal the owner, the Animal Control Division shall advertise the impoundment of the stray in a newspaper of general circulation in the County at least twice during the next (15) days following impoundment and post a notice of the impoundment of the estray on the public notice board of the County Sub-Court House and 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: I Ie I I I I I I I Ie I I I I SECTION 5. I I I Ie ~ (A) The owner has provided the Animal Control Division with an "Affidavit of Ownership" of the estray containing at least the following information: (1) The name and address of the owner; (2) The date the owner discovered that the animal was an estray; (3) The property from which the animal strayed; (4) A description of the animal including its breed, color, sex, size, all markings of any kind, and any other identifying characteristics. (B) The Animal Control Division has approved affidavit; (C) The affidavit had been filed in the "Estray Book"; (D) The owner has paid all estray handling fees to those entitled to receive them; (E) The owner had executed an "Affidavit of Receipt" containing at least the following information; (1) The name and address of the person receiving the estray; (2) Date of receipt of estray; (3) Method of claim to estray (owner, purchaser at sale); (4) If purchased at sale, the amount of gross purchase price; (5) Amount of estray handling fees paid; (6) Tne net proceeds of the sale. (F) The Animal Control' Division has filed the "Affidavit of Receipt" in the "Estray Book". FEES: For each and every estray taken and impounded there shall be paid to the City of North Richland Hills by the owner thereof or his agents the sum of fifty ($50.00) dollars for the taking and impounding of the estray and the further sum of ten ($10.00) dollars per day, except for the first day, for each and every subsequent day that the animal shall remain in the custody of the Animal Control Division. Such fee being charged for the caring and feeding of such animal. The owner shall also pay for any veterinarian or drug fees incurred for the animal while it is in the custody of the City. I Ie I I I I I I I Ie I I I I I I I Ie 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. Ti tIe 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 o~er 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. 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. I Ie I I I I I I I Ie I I I I I I I Ie I SECTION 9. SECTION 10. SECTION 11. SECTION 1. SECTION 2. DEATH OR ESCAPE OF ESTRAY: If the estray dies or escapes while held by the person who impounded it, the person shall report the death or escape to the Animal Control Division. The report shall be filed in the Estray Book. BREEDING OF ANIMALS: It shall be unlawful for the owner or harborer of any animal listed in this Article to knowingly permit or cause to be permitted the breeding of any such animal within the public view. ENCLOSURES: It shall be unlawful for any person to keep any horse, cow, cattle, sheep, or goat within one-hundred (100) feet of another residence or occupied building, or any hog within five-hundred (500) feet of another's residence or occupied building. ARTICLE 6 DANGEROUS AND VICIOUS ANIMALS No person shall own or harbor a vicious animal within the City of North Rich land 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 harborer 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 notice, the vicious animal may be destroyed during an attempt to impound, if impoundment cannot be made with safety, wherever the impoundment is attempted. Notice under this section may be verbal or in writing. A written notice left at the entrance to the premise where the vicious animal is harbored will be considered valid notice under this section. VICIOUS ANIMAL MEANS: (A) Any animal that, when unprovoked, inflicts severe injury or death to a person, or bites or attacks a person on public or private property; or (B) Any animal that has killed or severely injured a domestic animal without provocation while off the owner's property; or (C) Any animal which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack such that the person reasonably believes that the animal will cause physical injury to the person; or (D) Any individual animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of persons or domestic animals. 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 vicious animal if the Division has cause 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. (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 five (5) working days shall result in the Animal Control Divisions declaration as final.' 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 Municipal Judge. The Determination Hearing shall be conducted within ten (10) working days of receipt of the request for such hearing. (B) The owner shall be notified of said hearing by certified mail, return receipt requested. 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 shelt er. The costs of securing said animal pending the Determination Hearing shall be borne by the owner. I Ie I I I I I I I Ie I I I I I I I Ie I SECTION 6. SECTION 7. (C) The Municipal Judge 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, Environmental Services personnel, Animal Control personnel, police or any other person possessing information pertinent to such determination. The Municipal Judge shall issue findings within five (5) working days after the Determination Hearing. DEFENSE TO DECLARATION OF VICIOUS ANIMAL It is a defense to the determination of an animal as vicious 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 innnediate 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 Municipal Judge 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 Euthanasia Technician. (B) The Municipal Judge 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 the following requirements: (1) The animal must be licensed in accordance with this ordinance; and (2) The potentially dangerous animal must be kept in a proper enclosure; and I Ie 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 by the owner; and I I (4) The potentially dangerous animal, when taken outside the enclosure, must be securely muzzled in a manner that will not cause injury to the potentially dangerous animal nor interfere with its vision or respiration but shall prevent it from biting any person or other animal; and the potentially dangerous animal must be restrained by a substantial chain or cable leash having a minimum tensile strength of one thousand pounds (1,000) and not to exceed six (6) feet in length; and I I 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 1_ (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 Animal Control Division. I (C) If the. owner of an animal declared to be potentially dangerous under this Article is unable or unwilling to comply wi th 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 I (D) In the event the MUnicipal Judge 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. I I Ie I I Ie I I I I I I I Ie I I I I I I I Ie SECTION 8. SECTION 9. NOTIFICATION OF CHANGE OF STATUS The owner/ keeper shall notify the director of Envi'ronmental 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. (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 clear visible warning signs that there is a vicious animal on the premises; or I Ie I I I I I I I Ie I I I I I I I Ie I SECTION 1. SECTION 2. (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) Fail to attend the class on responsible pet ownership conducted by the Environmental Services Department; or (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 subject to a fine of not less than $200.00 but not more than $2,000.00. (D) Exemptions The provisions under this enforcement agency where enforcement. section shall not apply to any law an animal is being used for law ARTICLE 1. 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. I Ie I I I I I I I Ie I I I I I I I Ie I SECTION 3. SECTION 4. RABIES TAG: Concurrent with the issuance and delivery of the certificate of vaccination, the owner of the dog or cat shall cause to be attached to the collar or harness of the vaccinated animal a metal tag, serially numbered to correspond with the vaccination certificate number and bearing the year of issuance. LICENSE REQUIRED: All dogs three (3) months of age or older which are kept, harbored, or maintained within the corporate limits of the City shall be licensed. Cat and dog licenses shall be issued by the Animal Control Division or their agent upon payment of the required fee for each cat or dog. The license fee for cats and dogs shall be $4.00. Before a City License will be issued, the owner of the cat or dog must present a certificate from a licensed veterinarian showing that said cat or dog has been vaccinated for rabies within the preceding twelve (12) months. The owner shall state his name and address, and the breed, color, and sex of the cat or dog to be licensed. Said license shall be good for one year from date of issuance. 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) IIItPoundment of a cat or dog by the Ci ty 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. I Ie I I I I I I I Ie II I I I I I I Ie I SECTION 5. SECTION 6. SECTION 7. SECTION 8. REPORTING BITES: Every physician or other medical practitioner who treats a person or persons for any animal bite shall within twelve (12) hours report such treatment to the North Richland Hills Environmental Services Department giving the name, age, sex, and precise location of the bitten person or persons and such other information as the officer or agency may require. 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 s\,1ch animal immediately submitted to a qualified laboratory for rabies examination at the victim's expense. The owner of any dog or cat that has been reported to have inflicted a bite on any person shall on demand produce said dog or cat for impoundment, prescribed in this section. Home quarantine as defined in Article 1, Section 1-K may be allowed only in those incidences where pe~mitted 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 r classified as "low risk" animals shall be handled as . dictated by State Law. CREATING A HEALTH HAZARD. (A) Any person who shall harbor or keep on his/her premises, or in or about a premises under his/her control, dog or cat or pet animal, and who shall allow his/her premises to become a hazard to the general health and welfare of the community, or who shall allow his/her premises to give off obnoxious or offensive odors due to the activity or presence of such animals, shall be guilty of a misdemeanor. I -- I I I I I I I Ie I I I I I I I Ie I SECTION 9. SECTION 10. SECTION 11. (B) Any person who shall allow his/her dog or cat to eliminate on the property of another shall be guilty of a misdemeanor. GUARD DOGS. All dogs kept solely for the protection of persons and property, residential, commercial or personal, shall be registered with the North Richland Hills Environmental Services Department. The area or premises in which such dog is confined shall be conspicuously posted with warning signs bearing letters not less than two (2) inches high, stating "GUARD DOG ON PREMISES". Said area or premises shall be subject to inspection by the Animal Control Division to determine that the animal in question is maintained and secured at all times in such a manner so as to prevent its coming in contact with the public. Said dog shall be issued a tag varying in color from City license tag, so designating that animal's function for a five dollar ($5.00) fee. Said tag shall be attached to the collar or harness of the dog at all times, and shall bear the words "GUARD OR ATTACK DOG". Dogs registered under Section 9 shall not be required to purchase a City License tag as designated in Section 4, but shall be required to comply with the guidelines in Section 4. TAMPERING WITH TRAPS AND EQUIPMENT. No person shall remove, alter, damage, or otherwise tamper with a trap or equipment set out by the Animal Control Division. ANIMAL CARE (A) No owner shall fail to provide his animal(s) with sufficient good and wholesome food or water, adequate shelter and protection from weather, veterinary care .when needed to prevent suffering, and with humane care and treatment. (B) No person shall beat, cruelly ill treat, torment, mentally abuse, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dog fight, cock fight, bull fight, or other combat between animals or between animals and humans. (C) No person shall abandon an animal in his custody (D) No person shall give away any live animal as a prize for, or as a inducement to enter any contest, game or other competition or an inducement to enter a place of business; offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. (E) Any person who, as the operator of a motor vehicle, strikes a domestic animal shall immediately report such injury or death to the animal's owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society. I -- I I I I I I I -- I I I I I I I Ie 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 prOV1S1ons 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 ~nd with the effective date of this ordinance. Passed and Approved this ATTEST: day of I T~mmy Brown, Mayor Jeanette Rewis, City Secretary Approved as to form and legality Rex McEntire, Attorney . Cf'~!'C" ..;"'.,..... ..' "".... .,~,.,~~,....'..'''''ê'''..'.p.....".~,,- c"p' CITY OF NORTH RICHLAND HILLS Department: Community Deve 1 opment ., Council Meeting Date: 10/24/88 Amendment to BU1Jdlng Code (urdlnance l~bO) ~ Ordinance No. 1575 Agenda Number: GN 88-101 Subject: The new Building Code Ordinance was approved by the City Council on August 22, 1988 with an effective date of November 1, 1988. As directed by the City Council a work session was held with the builders and developers for the purpose of reviewing the ordinance prior to its implementation. Mayor Pro Tem Davis chaired this meeting and we feel it was very beneficial to all concerned. The one area of concern expressed by the builders was the City's requirement for contractors to have liability insurance. However, after researching the subject with the attorney for the City and other cities we can find no real reason for this requirement. We are therefore recommending that this requirement be deleted from the ordinance. FOR INFORMATION ONLY: During the October 4th meeting it was brought to our attention that a potential safety hazard exists in residential chimneys being constructed within the City. It was recommended that the City inspect chimneys in all new residences. This can be handled administratively, per the Building Code, and no Council action is required. In the future the staff will require new home builders to have chimneys inspected by professional chimney sweeping contractors and proper inspection reports be filed with the Inspection Department before the final inspection can be completed. Recommendation: It is recommended that Ordinance No. 1575 be approved. Source of Funds: Bonds (GO/Rev.) Opera· Budget e Othe Finance Review Acct. Number Sufficient Funds Available . Finance Director CITY COUNCIL ACTION ITEM Page 1 of 1 I Ie I I I I I I I Ie I I I I I I I Ie I ORDINANCE NO. 1575 BE IT ORDAINED by the City of North ~ichlanà Hills, Texas that Ordinance No. 1560 ( Building Oràinance), aåopteà August 22, :988 and as heretofo~e amenàed, by deleting SECTION 6 Paragraph F INSURANCE. PASSED AND APPROVED THIS 24TH DAY OF OCTOBER, 1988. Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: ATTORNEY FOR THE CITY ''''·''''·~''''"''''''··'''''~~~~~''''>·'''4''''''''_'f'''_''·'1-"""~~""'"'''''''' I I I I I I I I CITY OF NORTH RICHLAND HILLS Department: Administration 10/24/88 - Council Meeting Date: GN 88-102 Agenda Number: vubject: Appointment to Library Board Mr. Mickey Oxford has submitted his resignation to the library Board. Ms. Janice Fenimore has been proposed to replace Mr. Oxford in Place 3. Recommendation: It is recommended that the City Council appoint a replacement to fill Place 3 on the Library Board. e Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget _ e Other _ ~//~ £b/ Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number Sufficient Funds Available ~7Il~~ Ity Manager , Finance Director Pa.ge 1 of 1 Source of Funds: Bonds (GO/Rev.) Operating Budget e Other I I I I I I I I I Ie I CITY OF NORTH RICHLAND HILLS Department: Public Works - Council Meeting Date: 10/24/88 Subject: Approval of Change Order No.6 - Grapevine Highwav Water System Improvements Agenda Number: PW 88-40 The proposed Change Order No.6 is for construction of an 8 inch water line and 6 inch sanitary sewer line in Harmonson Road between Flory Street and Scruggs Drive. The water line will replace an existing 2 inch water line and the 6 inch sewer will provide service to the west half of the street which did not previously have service. Lots on this section of Harmonson are zoned C-2 or R-7-MF. This construction is submitted as a change order due to the probable increase in cost if this job was bid by itself and the need to eventually construct these facilities prior to improving the street. Change Order No.6 will cost $39,907. Original Contract Price Approved Change Orders To Date Change Order No. 6 $ 311,111.00 30,547.50 39,907.00 Total Contract Price To Date Total Budgeted for this Project $ 381,565.50 500,000.00 Recommendation: The staff recommends approval of Change Order No.6 in the amount of $39,907. Finance Review REV , Finance Director n Head Signature CITY COUNCIL ACTION ITEM Page 1 of 1 I Ie I I I I I I I Ie I I I I I I I Ie I to> Œ©@D~Œ '-I ~~~~lE~~~:~~o?~~:~~a~a~OWERS, IN D 2 j:J~,j ~ I October 11, 1988 ~ Greg Dickens, P.E., Director of Public Yorks ~ City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 RE: 3-553, CITY OF NORTH RICHLAND HILLS GRAPEVINE HIGHYAY YATER IMPROVEMENTS, TRANSMITTAL OF CHANGE ORDER NO. 6 Ye are transmitting Change Order No.6 of the Grapevine Highway Yater System Improvements which has been executed by the Contractor, Circle 'c' Construction Company. As directed by the Public Yorks Department, we have prepared plans for construction of a new a-inch water line and 6-inch sanitary sewer line in Harmonson Road between Flory Street and Scruggs Drive. Ve have obtained a proposal from Circle 'c' to do this work as a change order to the Grapevine Highway water line project using contract unit prices and estimated quantities as applicable, with new proposed unit prices for new pay items as shown on the attached change order form. ~ The original contract amount for this project is $311,111.00. Previous change orders have been approved by Council" in the amount of $30,547.50. The total amount of this proposed change order is $39,907. The combined change order total would be $70,454.50, which is about 23-percent of the original bid amount. The prescribed limit in change orders is 25-percent of the original contract amount. If the Council chooses to approve this change order, please return a fully executed copy of the change order form to our office for further distribution. If the Council chooses to advertise instead for bids, please advise and we will prepare bid documents as required. Meanwhile, please call if you have any questions. __WI ~ RICHARD Y. ALBIN, P.E. RYA/ra/F3553C06A.RUNI/Enclosures cc: Mr. Kevin Miller, P.E., Assistant Director of Public Yorks 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 K-E- F NO. 3-553 CHANGE ORDER NO. i TO THE CONTRACT WHICH WAS DATED JUNE 23 , 1988 Between CITY OF NORTH RICHlAND HILLS CIRCLE'C' CONSTRUCTION CO. (OWNER) ( CONTRACTOR) And For (Description of Project) GRAPEVINE HIGHWAY WATER SYST~' IMPROVEMENTS Pursuant to the provisions of Section 6 of the General Conditions of the Contract, this Change Order, when fully executed, shall constitute the authority to change the work of the Project as follows: 1. Construct 668 linear feet 8-inch diameter (DR 18) Cl. 150 PVC water line on Harmonson Road between Flory Street and Scruggs Drive as shown on the Plan- Profile entitled "Grapevine Highway Water System Improvements" - "Hannonson Road Plan-Profile Sta. 0+65 to Sta. 7+27 - Change Order No. 6". 2. Connect proposed 8-inch diameter waterline to the existing 2-inch waterline running north-south at approximate centerline station 4+09 with one (1) 811 x 2" tapped tee, 8 linear feet of 211 schedule 40 PVC, one (1) 2" 90° bend, and one (1) 2" gate valve and box. 3. Install one (1) fire hydrant, one (1) 6-inch gate valve and box, 6 linear feet of 6-inch (DR 18) Cl. 150 PVC pipe, and one (1) 8" x 8" X 6" tee at centerline station 3+54. 4. Replace the existing water service lines with new 3/4-inch or I-inch copper pipe and transfer these new service lines to the proposed a-inch water main. 5. Construct 345 linear feet of 6-inch diameter sanitary sewer SDR 35 PVC pipe including excavation, embedment, and backfill (depth 6-8 foot) at the location and grade shown on the Plan-Profile Sheet referenced to in Paragraph No.1. The 6-inch sewer construction shall be in accordance with the Page No. 3.2.28, "General Notesll of the "Infonnation for Bidders", and Technical Specification 4.4.01, "Sewer Mai ns and ApPu,rtenances". The excavati on, embedment and back- fill shall be in accordance wi th both Page No. 3.2.25, "Trench Embedrœnt and Backfill Details" and Section of 3.2.08, "Compaction and Density Requirements" of the "Infonnation for Bidders" and with Technical Specification 4.2.08, "Trenching, Embedment and Backfill for Water, Sewer, Drainage and Other Pipe- 1 i n es " . 6. Construct one (1) drop manhole at centerline station 0+25 in accordance with Technical Specification 4.4.01, "Sewer Mains and Appurtenances". 7. Construct one (1). standard Type nAil manhole at centerline station 3+70 in accordance with "Sanitary Sewer Manhole Details" of the "Information for Bidders" and the Technical Specification 4.4.01, IISewer Mains and Appur- tenances". 8. Provide nine (9) deep cut (7-foot or more) 4-inch diameter sanitary sewer service connections in accordance with "Sewer Service Connection Detai,ls" of the "Infonnation for Bidders" and with Technical Specification 4.4.02, "Sewer Service Connections". Four (4) connections shall be installed to the existing 6-inch sanitary sewer. I· I\.., I I I I I I I Ie I I I I I I I IL I Page 2, Change Order No.6, K-E-F Ho. 3-553 9. Install 4-inch diameter sanitary sewer SDR 35 PVC pipe from service connection at main to property line at the locations shown on the enclosed Plan-Profile Sheet and constructed it in accordance with those specifications and details referenced to in Paragraph 5. Excavation, Embedment and Backfill is also included in this item. Add the following quantities to existing Contract Items: WATER' IMPROVEMENTS UNIT DESCRIPTION UNIT PRICE gUAN¡. 611 Di a. {Cl. ISO} PVC Pi pe cr:- 15. 00 211 Dia. (Sch. 40) PVC Pipe L. F. 11.50 8 611 Gate Val ve EACH 325.00 1 211 Gate Valve EACH 250.00 1 Fire Hydrant EACH 900.00 1 Ductile Iron Fittings TONS 2000.00 0.64 Asphalt Pavement Replacement L.F. 9.00 744 Saw Cut Existing Asphalt & Cone. L.F. 1.00 837 Water Service Transfer L.S. 125.00 11 (EXISTING ITEMS) WATER IMPROVEMENTS SUB-TOTAL ......... SANITARY SEWER IMPROVEMENTS NO. T 3. 5. 6. 10. 11. 15. 19. 22. UNIT NO. DESCRIPTION UNIT PRICE QUANT. IS. 611 Dia. S.S. SDR 35 PVC Pipe Incl. Exca/Embd/Bkfl (Depth 6-81) L.F. 18.50 345 5S. Asphalt Pavement Replacement L.F. 9.00 155 7S. Sanitary Sewer Trench Safety Sys. L.S. 3~O. 00 1 (EXISTING ITEMS) SANITARY SEWER IMPROVEMENTS SUB-TOTAL TOTAL "$ 90.00 92.00 325.00 250.00 900.00 1,280.00 6,696.00 837.00 1,375.00 $11,845.00 TOTAL $6,382.50 1,395.00 3s-o ð 0 $ g¡.2 7 ~S-o Fill in the unit prices and their totals for the new proposed items where applicable: WATER IMPROVEMENTS UNIT NO. DESCRIPTION UNIT PRICE QUANT. 28. 8" Dia. (Cl. 150) PVC L. F. /4.9) 668 (NEW ITEMS) WATER IMPROVEMENTS SUB-TOTAL .............. SANITARY SEWER IMPROVEMENTS NO. BS. 9S. 10S. lIS. 125. 13S. UNIT DESCRIPTION UNIT PRICE 41 Di a. Drop Manhol e EACH /2.t'O 00 Std. Type "A" ~1anhole EACH 4S1> ,'U~ Sawcut Exist. Asph. & Concrete L. F. . 1.00 Remove & Replace Concrete Valley S.F. 2.50 Deep Cut 411 Di a. S. S. Connect i on EACH !!'J¡#)O 0 411 D- S S S _ _ _~o la. .. erVlce P, pe L. F. 1.1, L)(.) (NEW ITEMS) SANITARY SEWER IMPROVEMENTS SUB-TOTAL QUANT. I 1 325 31 9 213 TOTAL "$ /3t/~¿ I D() $ /'¡02C 0 (.) TOTAL $ /~ûo (,':0 t7S-o ð <./ 325.00 77.50 Iv" t) 0 0 () ~5-S-6, O() $ t 9 tJ/f I ~ 0 I· :' I~- I I I I I II I Ie I I I I I I I I I Page 3, Change Order No.6, K-E-F No. 3-553 (EXISTING ITEMS) WATER IMPROVEMENTS SUB-TOTAL ......... (EXISTING ITEMS) SANITARY SEWER IMPROVEMENTS SUB-TOTAL (NEW ITEMS) WATER IMPROVEMENTS SUB-TOTAL ............... (NEW ITEMS) SANITARY SEWER IMPROVEMENTS SUB-TOTAL ...... TOTAL CHANGE ORDER COST ................. EXISTING CONTRACT AMOUNT ................ REV I S ED CO NT RA C T AttIO U NT ................. $ II,645:0ð B\ 27..50 l 3 0 2,(" , ð r) b9 Oe ..5"0 ~'1t q 01 ,00 $ Contract completion time shall be increased by _____ days because of this change. Date: By: NDATIO~¿~CCE~TANCE: UI.~ Date: /0 - /1 OWNER'S ACCEPTANCE OF CHANGE: By: Date: , 1988 , 19 88 , 19 88