HomeMy WebLinkAboutCC 1987-07-27 Agendas
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and
on the
day of
, 1987 which
date
is not more than twenty (20) nor less than ten (10) days
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prior to the date of each such hearing; and
WHEREAS,
such public hearings and
notices
meet
the
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requirements of Section 1.03 of ~he Home Rule Charter for the
City of Watauga, and all requirements of the Statutes for the
State of Texas; and
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WHEREAS, the above described territory lies adjacent to
and adj oins the Ci ty of Wa tauga', Texas; and
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WHEREAS, prior to the publication of the above mentioned
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notices, the office of the City Manager in conjunction with
the Director of Public Works and upon request by the City
Council of the City of Watauga, prepared a Service Plan that
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provides for the extension of municipal services into the
~rea to be annexed; and
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WHEREAS, the City Council of the City of Watauga, Texas
finds that it is in the best interest of the citizens of
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Watauga to proceed with the annexation of the above described
territory into the City of Watauga, Texas,-
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NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Watauga, Texas:
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That the fallowing described land and territory lying
adjacent and adjoining the City of Watauga, Texas is hereby
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added and annexed to the City of Watauga, Texas and said
territory hereinafter described shall hereafter be included
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in the boundary limits of ~the~City of Watauga, Texas and the
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present boundary limits of such town, at the various points
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contiguous to the are~ hereinafter described are altered and
amended so as to include said area within the corporate
limits of the City of Watauga, ~exas to wit:
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Approximately 8.3 acres of land, more or
less, and included within th~ John Edmunds
Survey, Abstract Number 4~1~ the Mansel
Wilmeth Survey, Abstract Number 1621 said
tract of land consisting of the right of way
for Bursey Road from U.s. Highway Number 377
east to Rufe Snow Drive of Tarrant County,
Texas, as further described in Exhibit "A"
attached hereto.
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II.
The above described territory and the area so annexed
shall be a part of the City of Watauga, Texas and the
property
so added hereby shall b~ar its pro rata share of the
taxes
levied
by
the City of Watauga, Texas and the
inhabitants thereof shal~ be entitled to all of the rights
and privileges of all citizens and shall be bound by the
acts, ordinances, resolutions and regulations of the City of
Watauga, Texas.
III.
Pursuant to Article 970a, Section S.A, Texas Revised
Civil Statutes, duly executed written consent agreements of
municipalities in
whose
extraterritorial jurisdiction
the
subject
territory
is
located are attached hereto
and
incorporated by referenced as Exhibit "B".
IV.
If any section, sUb-section, sentence, clause or phrase
of this Ordinance shall for any reason be' held to be invalid,
such decision shall not affect the validity of the remaining
portions of this Ordinance.
V.
This Ordinance shall become effective and be in fully
force and effect from and after the date of passage and
adoption by the City Council and upon approval thereof by the
Mayor of the City of Watauga, Texas, and publication hereof
as prescribed by law.
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PASSED AND ADOPTEb by the City Council of the City of
Watauga, Texas, this
day of
1987.
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APPROVED:
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VIRGIL R. ANTHONY, SR.
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ATTEST:
NANCY MEADOWS, City Secretary
APPROVED AS TO FORM:
MARK G. DANIEL, City Attorney
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EXHIBIT "A"
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BEING a 8.3 acre tract of land, more or less, out of the John
Edmonds Survey, Abstract No. 457, the Mansel Wilmeth Survey,
Abstract No. 1621, and the Thomas Spronce Survey, Abstract
No. 1399, said tract of land cQnsisting of the right-of-way
for Bursey Road from u.s. Highway No. 377 east to Rufe Snow
Drive, said tract described as follows:
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BEGINNING at a point in. the north city limits boundary line
of the City of Watauga, said point also being the point of
intersection of the original east line of u.s. Highway No.
377 (a 100 foot right-of-way) with the original south line of
Bursey Road (a 50 foot right~of-way), said point also being
the northwest corner of a 30 foot wide right-of-way
dedication to the City of Watauga as recorded in Volume 8679,
Page 596, of the Deed Records, Tarrant County, Texas;
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THENCE, easterly with said city limits boundary line, the
original south line of Bursey Road (also known as
Wilson and as County Road 4094) and the north line
of said right-of-way dedication, at 30.26 feet
(deed) passing the northeast corner of said
dedication, and continuing with the north line of a
second right-of-way dedication as recorded in Volume
8679, Page 600, D.R.T.C.T., 171.01 feet (deed) to
the most northern northwest corner of the the M.A.
Blubaugh tract as recorded in Volume 8370, Page
2132, D.R.T.C.T.;
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THENCE, continuing easterly with the south line of Bursey
Road and the north line of said Blubaugh tract,
767.51 feet (deed) to the beginning of a curve to
the right having a radius of 174.37 feet (deed);
THENCE, southeasterly with said curving south line of Bursey
Road, 273.45 feet (deed) to a point in the west line
of Whitley Road (also known as County Road 4024), a
50 foot right-of-way; ~
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THENCE, southerly, with said west line of Whitley Road, at
668.08 feet crossing the south line of the John
Edmonds Survey, Abstract No. 457, and then
continuing southerly with the west line of the
Mansel Wilmeth Survey, Abstract No. 1621, in all
693.08 feet, more or less, to the northwest corner
of the Oxford Business Group tract as recorded in
Volume 8161, Page 1361, of the Deed Records, Tarrant
County, Texas;
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THENCE, easterly,. with the söuth line of Bursey Road and the
north line of said Oxford Business Group Tract 575
feet (deed) Ita the northwest corner of a tract of
land conveyed to G.T. Crowder as recorded in Volume
8181, Page 1707, D.R.T.C~T.;
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THENCE, continuing easterly with the south line of Bursey
Road and the north I~line of" said Crowder tract
1274.76 feet (deed) to the northeast corner of said
tract, said corner also being the intersection of
the south line of Bursey Road with the west line of
Indian Springs Road (a 60 foot-~~ght-of-way);
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THENCE, continuing easterly across said Indian Springs Road
right-of-way with the south line of Bursey Road 60
feet, more or less, to the northwest corner of a 25
foot wide street dedication as shown on the plat of
Foster Village Section 17, Volume 388-162, Page 69,
D.R.T.C.T.¡
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THENCE, continuing easterly with the original south line of
Bursey Road and the north line of said street
dedication 1814.21 feet (plat) to the northwest
corner of two adjoining tracts of land conveyed to
Steve Stringer as recorded in Volume 7773, Page 332
and Volume 7466, Page 489, D.R.T.C.T.¡
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THENCE, continuing easterly with the south line of Bursey
Road and the north line of said Stringer tract
1220.30 feet (deed) to the northeast corner of said
Stringer tract, said corner also being the
intersection of the south line of Bursey Road with
the west line of Rufe Snow Drive (a 60 foot
right-of-way) said p.oint also being the existing
northeast corner of the city limits boundary, City
of Watauga;
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THENCE, northerly, leaving said existing city limits
boundary, with the west line (extended) of Rufe Snow
Drive, 50 feet, more or less, crossing the existing
Bursey Road right-of-way to the southeast corner of
a tract of land conveyed to Bursey Ranch
Partnership/35 Acres as recorded in Volume 7813,
Page 1995, D.R.T.C.T., said corner also being the
intersection of the north line of Bursey Road with
the west line of Rufe Snow Drive;
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THENCE, westerly, with the north line of Bursey Road and the
south line of said Bursey Ranch Partnership/35 acres
tract, 579.48 feet (deed) to the southeast corner of
a tract of land conveyed to Sharla F. Bursey as
recorded in Volume 7380, Page 132~ D.R.T.C.T.¡
THENCE, 'continuing westerly, with the north line of Bursey
Road and the south line of said Bursey tract 291
feet (deed) to the southeast corner of a tract of
land conveyed to the State Savings and Loan
Association of Lubbock as recorded in Volume 7639,
Page 190 (Tract No.3), D.R.T.C.T.J
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THENCE, continuing westerly with the. north line of Bursey
Road and the south line of said Savings and Loan
Association tract 1654.04 feet (deed) to the
southwest corner of said tract, said corner also
being the intersection of the north line of Bursey
Road with the east line of Willis Lane (a 50 foot
right-of-way);
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THENCE, continuing westerly, with the north line (extended)
of Bursey Road, 50 feet, more or less, crossing the
existing Willis Lan~. right-of-way to the southeast
corner of a traét "of land conveyed to the State
Savings and Loan Association of Lubbock as recorded
in Volume ,7639, Page 190 (Tract No.1), D.R.T.C.T.,
said corner also being the intersection of the north
line of Bursey Road with the west line of Willis
Lane;
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~ENCE, continuing westerl~~ with the north line of Bursey
Road and the south line of said Savings and Loan
Association tract 857.51 feet (deed) to the
southeast corner of a tract of land conveyed to the
Keller Independent School -Dt5trict as recorded in
Vol ume 7 318 , Page 13 7, D. R . T .' ~~ T. ;
THENCE, continuing westerly with the north line of Bursey
Road and the south line of said Keller I.S.D. tract
1227.51 feet (deed) to the beginning of a curve to
the right having a radius of 175.02 feet (deed);
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THENCE,
THENCE,
THENCE,
THENCE,
THENCE,
THENCE,
northwesterly with said curving north line of Bursey
Road 273.39 feet (deed) to a point in the east line
of Whitley Road, said point also being in the west
4 line of said Keller I.S.D. tract;
northerly with the east"line of Whitley Road and the
west line of said Keller I.S.D. tract 643.08 feet
(deed) to the northwest corner of said Keller I.S.D.
tract and the intersection of the east line of
Whitley Road with the south line of Wilson Road (a
50 foot right-of-way);
northerly, with the east line (extended) of Whitley
Road crossing the existing Wilson Road right-of-way
50 feet, more or less, to the intersection of the
east line of Whitley Road with the north line
(extended) of Bursey Road;
westerly, with the north line (extended) of Bursey
'Road 117.38 feet, more or less, crossing the Whitley
Road right-of-way to the most southern southeast
corner of a tract of land conveyed to the Trustees,
E-Systems, Inc., Pool Trust, as recorded in Volume
7739, Page 1250, D.R.T.C.T., said corner being the
intersection of the north line of Bursey Road with
the west cut-back ri~ht-of-way line of Whitley Road;
continuing westerly with the north line of Bursey
Road and the south line of said E-Systems tract,
1065.54 feet (deed) to the southwest corner of said
tract, said corner also being the intersection of
the north line of Bursey Road with the original east
line of U.S. Highway No. 377 (a 100 foot
right-of-way);
southwesterly with the original east line (extended)
of U.S. Highway No. 377 50 feet, more or less, to
the POINT OF BEGINNING.
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RESOLUTION NO. 87- 21
WHEREAS, the City of Watauga Texas has proposed to annex
certain territory consisting of 8.3 acres of land out of the John
Edmonds Survey, Abstract 457 and the Mansel Wilmeth Survey, Abstract
1621, said tract of land consisting soley of the right-of-way for
Bursey Road from Rufe Snow Drive west to U.S. Highway 377; and
WHEREAS, all or a portion of said right-of-way is in the
extra-territorial jurisdiction of the City of North Richland Hills,
Texas; and
WHEREAS, the City Council of the City of North Richland
Hills, Texas finds that the tract which Watauga proposes to annex is
so located that it would serve no public purpose if it were annexed by
the City of North Richland Hills.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of North Richland Hills, Texas, that:
1.
The City of North Richland Hills waives its right to annex
all or any portion of the tract described in Exhibit "A", attached
hereto. This waiver is extended for the purpose of allowing the City
of Watauga to annex said tract.
2.
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Exhibit ·'A", attached hereto, is the proposed Ordinance of
the City of Watauga annexing the tract in question and is attached for
descriptive purposes.
PASSED AND APPROVED THIS
, :
day of
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APPROVED:
, 1987.
Mayor
ATTEST:
Jeanette Rewis, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney for the City
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CITY OF
NORTH RICHLAND HILLS
~epartment:
Subject:
Finance
7/27/87
Council Meeting Date:
GN 87-70
Agenda Number:
Federal Revenue Sharing Public Hearing
Federal Revenue Sharing guidelines require publication of Notice on Proposed Revenue
Sharing Usage of Funds. The notices were published in the official newspaper on July 5th
and July 12th, 1987.
The amount of General Revenue Sharing Funds remaining from previous years allotment and
interest earnings to date that is to be appropriated is $68,700.
The following is proposed to be used as a guideline in conducting the public hearing on
the proposed use:
1. The proposed use of Revenue Sharing Funds is as follows:
A. General Government (City Secretary's Office)
Funds to be used to retain a records management
consultant to establish an official policy and
procedures for retaining official public records
and purchase required equipment and supplies
$27,000
B. Public Safety (Fire Department) ..
Funds to be used to convert one modular ambulance
unit to a diesel chassis
22,000
c. Public Works (Streets)
Funds to be used to obtain a new sign machine and
an epoxy button machine
19,700
$68,700
Total Proposed Use
2. Open public hearing on proposed use of Revenue Sharing Fund allowing all interested
citizens to speak pro or con.
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3. Close public hearing after all citizens have been given the opportunity to speak.
4. City Council to set date of proposed adoption of Revenue Sharing Budget.
Recommendation:
It is recommended that the date of August 24, 1987 be set as the date of formal budget
adoption for the supplemental Revenue Sharing Budget.
Source of Funds:
Bonds (GO/Rev.)
. Operating Budget
Other
Finance Review
Acct. Number
Sufficient Funds Available
er1 ~.
Department Head Signature I - '"bity Manager
CITY COUNCIL ACTION ITEM
. Finance Director
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CITY OF
NORTH RICHLAND HILLS
Administration 7/27/87
C "I M "
Re 1 OCd t i Uf) of City Off i c.;e:s, Pu 1 ; ~t= Muve- I.. and-- ouncl eetlng Date:
Relocation of Municipal Court GN 87-71
Agenda Number:
eepartment:
Subject:
..
We are now planning for the Police Department move-in and the remodeling of the existing
Police Department. All of these changes will require relocating some of our employees
within City Hall. Our objective is to properly utilize the existing Police Department
space by providing much needed additional space for various Council activities,
additional space for some departments and foremost in our mind is citizen and developer
convenience when they are required to deal with several people in various departments.
As a part of the initial planning we intended to move the Municipal Court to Room 100
(old meeting room). However, we have determined that there would be absolutely no room
for the eventual growth of the Court. Because of the size of Room 100, we propose to
make it an adequate City Council briefing room that will accommodate the Council, staff,
reporters and visitors during Pre-Council sessions. With that as our plan, we anticipate
moving the Court operation to the Community Center into the 2,000 square foot section
that we previously had reserved. The Court personnel are positive and enthusiastic
about this move and outlined below are other advantages of having the Court in the new
facility.
Room for Growth:
At some time in the future the City of North Richland Hills could possibly become a
Court of Record and we need to adequately plan for this eventuality. Even with the
addition of one or two clerical people in the next few years we will have adequate
room at the Community Center to absorb this growth.
Citizen Convenience:
On Court days our biggest citizen complaint is not the punishment they receive in
Court, it is the punishment they receive in trying to find a parking space. With _
the additional spaces we will pick up when the Police Department is finished,
parking will be adequate for city hall needs. However, on Court days parking will
still be inadequate. The move to the new facility will alleviate any parking
problems. ;
Office Space:
Our City Judge now spends several hours a week in the Court, and we anticipate and
hope that this continues. With the move we will be able to provide an adequate
office space for the City Judge at the new facility, as well as adequate office
space for the Court Administrator and City Marshall.
Courtroom Facilities:
The City Auditorium will provide an exce11ent Courtroom and with the number of
rooms at the Community Center a "Jury Room" will be readily available.
Finance Review
Source of Funds: Acct. Number See Above
Bonds (GO/Rev.) X SU!fiCi:~t~ Ava~An...- _. _
Operating ,µ,get X- -= =~ / /' l>--...________.
Other f;tA/}/)/Yv~ -;e. 4A _~ - . FmanceDirector
Department Head Signature I I 'titYManager-
CITY COUNCIL ACTION ITEM
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Page Two
A summary of the cost of remodeling the old Police wing, the move of the Court to the
Community Center and purchasing necessary furnishings and equipment for the Police
wing are summarized below. Funds are available and allocated in the current Building
and Operating Budget.
Estimated Cost of Final Move-In Exeenses
Remodeling of the old Police wing and City Administration area
Change Order to repair roof over future police wing (see cover
sheet PU 87-32, July 27, 1987)
$100,000
4;2/=1,7 42,477
6,000
Office furnishings for the new Municipal Court area
Office furnishings for combined Fire and Building Inspection
Department and associated counter space and work area
Miscellaneous furnishings for work area and small meeting room
for old Police wing
Conference Room (Room 100) furnishings for City Council
Briefing Room
landscaping City Complex
14,000
5,000
13,000
25,000
Modems and computer equipment required to link Court to Police
Department and Fin~nce Department
Carpet, counter space, paint and rpquired temodeling of 2,000
square feet for Municipal Court area at Community Center
J,9/~( 15,000
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Complete move-in required for new Police Department (furnishings,
equipment, computer upgrade, communications console, etc.)
164,948
Total
$400,425
The overall schematics for the total space allocation of the old Police wing will be
available for review and City Council approval on July 27, 1987. Also request City
Council approval of the physical move of the Court to the new location and the
proposed improvements to Room 100.
CITY OF NORTH RICHLAND HILLS
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Page Three
Funding Source:
Sufficient Funds are available from several sources as indicated below:
From:
1. Unspecified Police Bond Funds $298,'109
13-90-99-5100 & 13-90-99-5200
2. Support Services Building Improvements 72,477H-
06-01-02-6200
3. Unspecified Building Funds 29,839
13-90-99-4800
Total Proposed Appropriation $400,425
To:
1. Police and Related Construction & Furnishings $400,425
13-80-86-6250
Recommendation:
Council approve relocation of Court to Community Center and the allocation of the
proposed budget as indicated above.
CITY OF NORTH RICHLAND HILLS
CITY OF
NORTH RICHLAND HILLS
ø>epartment: Administration Council Meeting Date: 7-27-87
SUbject: Ordinance No. 1474 Creating the City's Officer & Employee Agenda Number: GN 87-72
Liability Plan; Ordinance No. 1475 Establishing the City's
Self-Insurance and Risk Management Program
The adoption of Ordinance No. 1474 and Ordinance No. 1475 will put into effect the
self-insurance program which the council has previously approved. The Wyatt Company
Report, which agreed with our own internal figures does not include consideration of
Workers Compensation and Group Health. These two coverages are made a part of
Ordinance No. 1475.
Since the time when the council elected to become self-insured, all of our surplus
accounts have, of necessity, been risk reserves. The money to be transferred into
the Risk Management Account will be exact figures as of close of business on Monday,
July 27, 1987. These figures will total about $1,420,000.00. The balance of the
$3,237,000.00 called for in the Wyatt Report will be placed in the Risk Management
Fund from budgeted annual risk funds and from future surplus in the general fund.
As is pointed out in the Wyatt Report the program must be established and a fund set
up in order for us to even make application for some type of "umbrella" coverage.
If we are able to find a company that will write an "umbrella" policy for losses over
$1,000,000.00 we are going to have to have well in exces~ of $1,000,000.00 in the
restricted Risk Management Fund. These ordinances are necessary for us to safely
maintain our self-insurance posture.
4IÞ Recommendation:
If is recommended that the City Council pass and approve Ordinance No. 1474 and
Ordinance No. 1475. .
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~ Source of Funds:
i Bonds (GO/Rev.)
_ Operating Bud t
I- Other .
Î
Finance Review
Acct. Number
Sufficient Funds Available
, Finance Director
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ORDINANCE NO. 1474
AN ORDINANCE CREATING THE OFFICER AND EMPLOYEE LIABILITY PLAN
FOR THE CITY; PROVIDING THE TERMS AND PROVISIONS OF THE PLAN;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR GOVERNMENTAL
IMMUNITY; AND ORDAINING OTHER MATTERS RELATED THERETO.
WHEREAS, the City of North Richland Hills, Texas is permitted by State
law and by its duly adopted home rule charter to provide for the defense of,
and the payment of claims against, its officers, members of boards and com-
missions, employees and volunteers when and while acting in the ordinary
course of their duties, powers and functions; and
WHEREAS, the City Council had found and determined that provision there-
for should be made in accordance with this Ordinance and subject to the
limitations contained herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
A.
That the City Council hereby creates and orders the implementation of the
City of North Richland Hills Officer and Employee Liability Plan, which shall
contain and be subject to the following provisions, to-wit:
CITY OF NORTH RICHLAND HILLS OFFICER AND EMPLOYEE
LIABILITY PLAN
Section 1. Definitions. The following words shall have the following
meaning, to-wit:
(
City means the City of North'Richlanå Hills, Texas.
City Vehicle means a vehicle or mobile equipment either leased or owned
by the City.
Claims Board means the board of the City designated by that name in
Ordinance No. 1475.
Loss means an amount which a Plan Member is legally obligated to pay
resulting from an act or omission of the plan Member which is covered under
this Plan.
Plan means the City of North Richland Hills Officer and Employee Liabil-
ity Plan as established by this Ordinance.
Plan Member means a person who is: (a) an officer or employee of the
city; (b) a member of a city board, commission, or committee created by
charter, ordinance, or resolution of the city and a member of the board of
directors of any nonprofit corporation created under the authority of the City
Council as an instrumentality of the City; (c) a member of the City Council;
and (d) a volunteer who has been approved as a volunteer by a departmental
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volunteer coordinator and who is working under the direction of an employee of
the City.
Section 2. Coverage. (a) The City shall indemnify and defend a Plan
Member, in accordance with the terms of this Plan, against a loss arising out
of any claim, suit, or judgment resulting from an act or omission of the Plan
Member during the discharge of his duties and within the scope of his office,
employment, or assigned volunteer work with the City.
(b) A Plan Member whose position with the City terminates is entitled
to coverage in accordance with this Plan for any event that occurred while the
person was a Plan Member.
Section 3. Defense. (a) City will defend any suit against a Plan Member
who is covered under this Plan even if the suit is groundless or fraudulent.
(b) The City may investigate, negotiate, and settle any claim or suit
as it determines necessary.
Section 4. Limits of Coverage. (a) The City will pay losses covered by
this Plan that a Plan Member is legally obligated to pay, except that in cases
arising from incidents or occurrences where the City's liability exists by
virtue of the Texas Tort Claims Act (Article 6252-19, Vernon's Texas Civil
Statutes), whether or not the City is a party defendaRt, the City will pay
those losses covered by the Plan that a Plan Member is legally obligated to
pay up to, but not exceeding, the limits of liability provided by the Act, as
amended, for units of local government.
(b) In addition to the coverage provided in subsection (a) the City
will pay:
(i) The City's expenses in investigating and defending the claim
or lawsuit;
(ii) Costs taxed against a Plan Member in a suit covered by this
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Plan and interest that accrues aftertentry of judgment before the city
has payment with the court on that part of the judgment which does not
exceed the limits of coverage;
(iii) Reasonable expenses of the Plan Member incurred at the City's
request; and
(iv) Attorney's fee ordered by the court to be paid by the Plan
Member, if any.
(c) To be entitled to coverage under the Plan a Plan Member must:
(i) Notify the Claims Board in writing as soon as practicable upon
receipt of written notice of a claim or lawsuit, but no later than three
working days after receipt;
(ii) Cooperate with the Claim Board and, upon the request of the
Claims Board, assist in making settlements, in the conduct of suits, and
in enforcing any right of contribution or indemnity against a person or
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organization who may be liable to the City because of injury or damage
covered under the Plan;
(iii) Attend hearings and trials and assist securing and giving
evidence and obtaining the attendant of witnesses; and
(iv) Not, except upon advice of the City Attorney or when
questioned by a police officer at the scene of an accident, give any oral
or written statement or enter into any stipulation or agreement
concerning a claim or lawsuit;
(v) Not, except at his own cost, voluntarily make any payment,
assume any obligation , or incur any expense with respect to a claim or
lawsuit without the consent of the Claims Board.
Section 5. Plan Period. This Plan covers only acts or omissions occurr-
ing or alleged to have occurred:
(i)
while the Plan is in effect;
/
(ii) before the Plan was in effect (above any insurance coverage in
effect) and which are not barred by any statue of limitation; and
(iii) if the plan is cancelled, while the Plan is in effect and
which are not barred by any statue of limitations.
Section 6. Exclusions. Coverage under this Plan does not apply to a
claim of law suit that is brought against a Plan Member:
(i) By the City;
(ii) Arising out of the intentional or knowing violation of a penal
statute or ordinance committed by or with the knowledge or consent of the
Plan Member, or any claim arising out of acts of fraud committed by or at
the direction of the Plan Member with intent to deceive or defraud;
(iii) Arising either whtae the ij,lan Member is operating a City
vehicle with no authority to. operate :the vehicle, or while the Plan
Member is operating a City vehicle in the course of personal or private
business;
(iv) For liability assumed by the Plan Member under a contract,
unless the contract is entered into at the request of the City;
(v) If the Plan Member joins or attempts to join with the suit
against the Plan Member a claim against the City for benefits under this
Plan;
(vi) If the Plan Member fails to comply with Section 4 of this
Plan; or
(vii) For Punitive damages, where such damages are not recoverable
in law or against the City
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(viii) For damages expressly excluded under Sections 102.002(c) and
(d), Tex. Civ. Prac. & Rem. Code, Vernon's Texas Code Annotated (1985),
as the same may be amended.
Section 7. Subrogation. If payment or legal representation is proved
under this Plan, the City is subrogated to the Plan Member's rights of recov-
ery against any person or organization to the extent of the City's liability
and payments, and the Plan Member must execute and deliver to the Claims Board
whatever documents are necessary to secure those rights in the sole opinion of
the attorney for the City. The Plan Member must not do anything after a loss
to prejudice those rights.
Section 8. Le~al Representation. (a) the City will. provide legal re-
presentation for a Plan Member in a claim or suit in which the Plan Member is
covered under this Plan.
(b) If the attorney for the City determines that there exists a con-
flict of interest for the City Attorney to represent a Plan Member, and the
Plan Member is otherwise entitled to coverage under this Plan, the City will
pay the reasonable fee of a private attorney to represent the Plan Member.
The private attorney will be selected by the Claims Board.
Section 9. Determination of Coverage. If the City denies coverage to a
Plan Member, the Plan Member may seek a determinatio~ of coverage by a court
of proper jurisdiction. If the court rules in favor of the Plan Member, the
City shall provide the Plan Member all benefits under the Plan and shall
reimburse the Plan Member for reasonable attorney fees, expenses and costs
incurred in obtaining the determination of coverage.
Section 10. No Creation of Cause of Action. Nothing contained in the
Plan shall be construed as creating a right or cause of action against a Plan
Member nor giving a right to a third party to institute or maintain a suit
which would not other wise exist under law as a legal claim against a Plan
Member.
~
B. *
The Ordinance may be repealed or amended at any time, subject to rights
existing under Section 4, and the Plan modified or terminated. This Ordinance
shall not operate to repeal or affect any other ordinances of the City except
insofar as the provisions thereof might be inconsistent or in conflict with
the provisions of this Ordinance, in which event such conflicting provisions,
if any, in such other ordinance or ordinances are hereby repealed.
C.
If any section, subsection, sentence, clause of phrase of this Ordinance
is for any reason held to be unconstitutional, such holding shall not affect
the validity of the remaining portions of this Ordinance.
D.
All of the regulations provided in this Ordinance are hereby declared to
be governmental and for the health, safety and welfare of the general public.
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Any member of the City Councilor any City official or employee charge the
enforcement of this Ordinance, acting for the City in the discharge of his
duties, shall not thereby render himself personally liable; and he is hereby
relieved from all personal liability for any damage that might accrue to
persons or property as a result of any act required or permitted in the
discharge of his said duties.
E.
All amounts payable under this Ordinance are subject to available and
appropriated funding therefor, except that appropriation shall not be required
to the extent funding is available therefor, as determined in the exclusive
judgment of the Claims Board, under the provisions of Ordinance No. 1475 of
the City and this Ordinance grants no right to any Plan Member in and to the
Risk Management Fund created in said Ordinance.
F.
This Plan shall become effective on
PRESENTED, FINALLY PASSED AND APPROVED, AND EFFECTIVE on this the
day of
, Mayor
ATTEST:
J City Secretary
APPROVED AS TO FORM:
~City Attorney
By
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ORDINANCE NO. 1475
AN ORDINANCE ESTABLISHING THE CITY'S DEFINED SELF INSURANCE
AND RISK MANAGEMENT PROGRAM; CREATING THE RISK CLAIMS BOARD
FOR THE CITY; CREATING THE RISK MANAGEMENT FUND; PROVIDING
THE TERMS FOR WITHDRAWALS FROM THE FUND UNDER THE PROGRAM;
AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT
WHEREAS, the City of North Richland Hills, Texas (the "City") is exposed
under law to certain risks of liability while the City, as a municipal
corporation and corporate entity, is engaged in its governmental and
proprietary functions (such risks being herein defined as the "Corporate
Risks"); and
WHEREAS, pursuant to its authority under law, the City Council (the "City
Council") has heretofore, by Ordinance No. 1474 (the "Risk Assumption
Ordinance"), assumed the risk of certain liabilities, losses and expenses of,
and possible claims against (herein defined as the "Assumed Risks"), its
officers, employees, board and commission members and certain volunteers, and
has established the "City of North Richland Hills Officer and Employee
Liability Plan"; and
WHEREAS, the City is permitted by law and its home rule charter to insure
itself against possible claims arising out of its Corporate Risks and its
Assumed Risks (herein defined as the "Combined Risks") either through
commercial insurance sources or through a defined self-insurance program; and
WHEREAS, the City Council has found and determined that current rates
from commercial insurance carriers for coverage of its Combines Risks are
prohibitive in cost and, if purchased, create an extraordinary, unfair and
unacceptable burden on the taxpayers and citizens of the City with only
minimal coverage of risks; and
WHEREAS, the absence of funded arrangements for paying potential claims
in connection with the Combined Risks, either through reasonably priced
commercial insurance or through a fully defined and pre-funded self-insurance
program, creates extraordinary burdens of the City's budgetary process and
exposes the City and its taxpayers and citizens to surges in unexpected
expenditure requirements that cannot be anticipated or budgeted in advance to
the detriment of other City requirements for funds; and
WHEREAS, The City Council has found and determined and does hereby find
and determine that it is in the best interests of the City and its citizens
and taxpayers to create and establish a pre-funded self-insurance and risk
management program, to create and provide for a risk management fund, to
define and specify the type and extent of injuries arising out of the Combined
Risks, and the claims and expenses therefor, that may be paid from the risk
management fund, and to provide for contributions to the fund in amounts that
are based upon actuarial analyses of the risks, liabilities and possible
claims that may be paid therefrom;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS:
ARTICLE I
SELF-INSURANCE AND RISK MANAGEMENT PROGRAM
Section I. Creation, Administration. (a) The City Council hereby
establishes and orders created its "Self-Insurance and Risk Management
Program" (the "Program"), which shall, in its entirety consist of the
provisions of this Ordinance.
(b) The Program, subject at all times to the superior authority of the
City Council, shall be under and subject to the supervision and administration
of the City's Risk Claims Board (the "Claims Board"), which Claims Board is
hereby created. The Claims Board shall consist of the City Manager, as
Chairman, Assistant City Manager, the City's Director of Financial Services,
the attorney for the City and the City's Risk Manager. The City Secretary of
a deputy thereof shall service as Secretary of the Claims Board.
(c) The Claims Board shall have the authority and responsibilities
granted to it by this Ordinance and such other powers as are necessary to
carry out its duties, i~cluding expressly the following:
(i) to develop procedures for the conduct of its business;
(ii) to administer the terms and provisions of the Risk Assumption
Ordinance;
(iii) to receive, analyze, process, settle or litigate claims
against the City arising out of any of the Combined Risks whether of not
they are or can be payable from the risk management fund (the "Risk
Management Fund") created in Section 2 of this Ordinance;
(iv) to retain the service of~professional claims adjustment
individual or companies and öo autho~ize such ' persons or companies to
settle claims not in excess of $5,000.00;
(v) to authorize the payment of claims, judgments, costs and
expenses out of the Risk Management Fund for any claim in connection with
a Combined Risk that is permitted herein to be paid therefrom not
exceeding $5,000.00 in one amount, and, for amounts over such sum, to
present vouchers therefor for approval by the Council;
(vi) to supervise the activities and duties of the City's Risk
Manager;
(vii) to provide for the defense of claims, as herein provided, and
to employ experts for the City, and, under the supervision of the City
Attorney, to defend or appear for the City and any "Plan Member" (as
herein defined);
(viii) to direct the investment of funds on hand from time to time
in the Risk Management Fund in investments that are eligible as lawful
investments for the other public funds of the City; and
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(ix) to advise the City Council at least semi-annually of all
aspects of the 'Combined Risks and the status of the Risk Management Fund
and the Program.
Section 2. Creation and Purpose of Risk Management Fund. (a) The City
Council hereby orders created and there shall be established in the City's
official depository bank, unless the same is required to be kept elsewhere by
the terms of other agreements or ordinances of the City, the Risk Management
Fund (the "Fund" or the "Risk Management Fund").
(b) It is the purpose of the Fund to provide to the City an appropriate
amount of money with which it can, from time to time, pay claims arising out
of the Combined Risks for which the City may be liable, all as a part of its
self-insurance plan under the Program. Accordingly, the Fund shall be a
special trust fund established and recorded on the books of the City as a
restricted trust fund solely for the purpose of paying that portion of the
'Combined Risks for which the City may be shown to be liable and that are
described and permitted in Article II of this Ordinance.
(c) The City, by its creation of the Fund, does not admit to liability
for any claim by any person either against the'City or against any "Plan
Member," as herein defined.
(d) Should any claim by any person or claimant"be proven to the
satisfaction of the Claims Board to be owing by the City for a claim that is
beyond the purpose of limits herein provided, or is in excess of amounts
available in the Fund for payment, then, such impermissible claim or the
excess of any permissible claim may be paid the City only at such times and
from such funds and sources as may be provided by law for the payment or
collection thereof and the City reserves the right to assert such defenses to
payment or collection as may be available to it under the laws of the State of
Texas that are available in the absence of this Ordinance, the Fund or the
Program.
(e) No person, party, claimant, or~"Plan Member," as herein defined,
except the City, shall have any rfghts to~any moneys on deposit in the Fund.
The Claims Board shall have the right, by agreement, to grant the right to
obtain payment of specific claims, up to $5,000.00, from the Fund. Any rights
to obtain payment of claims in excess of such amount must be approved the City
Council.
Section 3. Funding of Risk Management Fund.
(a) The Fund shall be funded by -
(i) contributions made from time to time upon order of the City
Council from budgeted, appropriated and available current moneys of the
City; and
(ii) funds derived by the City, in its sole discretion, pursuant
to agreements with third party sources.
(b) The City Council hereby directs that the sum of $
presently accounted for as a part of the City's risk reserves on deposit in
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U.R.E. Fund Account No. 02-00-00-0599, together with sum of $
from RMLC Account No. 11-00-00-0997, $ from RW Compo CI. Account
No. 11-00-00-0107, and $ R. Health In. Account No.
11-00-00-0999, be transferred to the Risk Management Fund.
Section 4. Payments From Risk Management Fund. (a) Upon order of the
Claims Board, money on deposit in the Fund may be withdrawn by checks or
drafts drawn upon the Fund and used to (1) reimburse the City for its payment
of the expenses of the Program; (ii) satisfy and pay claims settled or
adjudged against the City or a "Plan Member," as defined herein, for injuries
arising out of the Combined Risks, as described in Article II hereof; (iii)
reimburse the City for any payment made by the City under any funding
agreement for the Fund that is permitted to be paid to the City pursuant to
such agreement; (iv) pay to the City annually any investment earnings or other
surplus on deposit in the Fund that are not required, in the opinion of a
professional actuary retained by the Claims Board, to maintain the Fund on an
actuarially sound basis for the period and risks for which it is then
currently funded; and (v) prepay or retire, by payment, defeasance or
otherwise, any obligations of the City created in connection with providing
money for the Fund and pay any costs or expenses of the City associated with
the borrowing of any such moneys.
(b) The Claims Board shall not order payments for the purposes
specified in clause (ii) of subsection (a) of this se~tion beyond the
limitations and ·conditions set forth in Article II hereof.
ARTICLE II
PAYMENTS FOR COVERED PROGRAM RISKS, LIMITATIONS, CONDITIONS
Section 1. Covered Program Risks. Payments from the Fund may be ordered
by the Claims Board for the payment of claims that are asserted against or
assumed by the City because of the Combined Risks for the specific injuries,
damages and claims, but subject to the eXGlusions, limitations and conditions,
sp~cified in the following Parts af the S4ction:
PART I
General Provisions
A. Payments may be made from the Fund under the Program for claims of
the type described in Part II of this Section that are made at any time after
actual establishment of the said Fund.
B. The following definitions shall apply to all Parts of this Section:
Advertising Injur~ means injury to a claimant that arises during the
course of the City's promotional activities, if such injury arises out of
libel, slander, defamation, violation of right or privacy, piracy, unfair
competition, or infringement of copyright, title or slogan.
Assumed Risks means the risks of liability that the City has assumed
pursuant to the Risk Assumption Ordinance.
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Bodily Injury means bodily injury, sickness or disease sustained by a
claimant which occurs during the time that the Program is effective, including
death at any time resulting therefrom.
City means the City of North Richland Hills, Texas.
~Combined Risks means the Corporate Risks and the Assumed Risks.
Corporate Risks means risks of tort liability for which the City may,
under law, be held liable while the City, as a municipal corporation and
corporate entity, is performing its governmental or proprietary functions.
Damages means and includes punitive damages, compensatory damages,
special damages, prejudgment interest, post-judgment interest, court costs,
attorneys fees and any other sums awarded to the claimant against the City of
a Plan Member.
Error or Omission means any actual or alleged error or misstatement of
actual act or omission or negligent or breach of duty including misfeasance or
non-misfeasance by the Plan Member in the discharge of his duties for the
City.
Occurrence means an accident, including continuous or repeated exposure to
conditions, or an event or series of related events, ór an Error or Omission
or series of related Errors or Omissions, which result in Bodily Injury,
Personal Injury, Property Damage, Advertising Injury or Regulatory Injury that
are neither expected nor intended by the City or a Plan Member, and also
includes any intentional act by or at the direction of the City or a Plan
Member which results in Bodily Injury, Personal Injury or Property Damage, if
such injury or damage arises solely from the uses of reasonable force for the
purpose of protecting persons or property or from the discharge of one's
duties for the City.
One Annual Period means that period of twelve (12) consecutive months
beginning with either July 27, 1987, the effective of the Program, or any
anniversary date of the effective date~ðf the Program.
Personal Injury means (a) any physical harm to a person's health
including sickness or disease and including death or disability at any ti~
resulting therefrom (this includes mental harm, mental anguish, or mental
illness whether or not there has been physical harm or illness); (b)
discrimination; (c) humiliation; (d) assault and battery; (e) false or
improper service of process; (f) violation of property rights; and (g)
violation of civil rights.
Plan Member means the officers, board and commission members, employees
and volunteers of the City designated as such in the Risk Assumption
Ordinance.
Property Damage means:
(a) physical injury to or destruction of tangible property of a
claimant which occurs during the period that the Program is effective,
including the loss of use thereof at any time resulting therefrom; or
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(b) the loss of use of tangible property which has not been
physically damaged or destroyed, provided such loss of use is caused by
an occurrence during the time that the Program is in effect.
Regularoy Injury means economic loss sustained by a claimant which occurs
as a result of the exercise by the City of its regulatory or property
acquisition functions.
PART II
Program Coverage, Purposes of Fund Disbursements
A. Subject to the limitations contained in Part III and to the
conditions stated in Part IV, the Claims Board may payor order to the paid
from the Fund all Damages that the City shall become legally obligated to pay,
including any settled amount, as a result of a Corporate Risk or an Assumed
Risk caused by an Occurrence that has resulted in a (i) Bodily Injury, (ii)
Property Damage, (iii) Advertising Injury, (iv) Regulatory Injury, or (v)
respect to an Error or Omission, a Personal Injury.
B. The Claims Board shall have the duty to arrange and shall cause or
direct the Fund to pay for the defense of any suit alleging Damages against
the City or a Plan Member alleged to have arisen out of a Combined Risk,
including any duties to defend any Plan Member imposed on the City by the Risk
Assumption Ordinance, even if any of the allegations Bf the suit are
groundless, false or fraudulent, and may direct the Fund to pay for such
investigation and such settlement of any claim or suit a deemed expedient, in
the judgment of the Claims Board, subject to the approval in the appropriate
case of the City Council.
PART III
Limitations
A. Regardless of (1) the number of Plan Members, or (ii) the number of
persons or organizations who sustain Bodily Injury, Property Damage,
Advertising Injury, Personal Injury:or~Regulatory Injury arising out of the
Combined Risks, or (iii) the number of claims made or suits brought on account
of Combined Risks, the payments from the Fund are limited as follows:
1. The total payments from the Fund for all Damages because of Bodily
Injury or Personal Injury sustained by one or more persons as a result of any
one Occurrence shall not exceed $50,000.00 for one person and $100,000.00
aggregate for said occurrence.
2. The total payments from the Fund for all Damages because of Property
Damage sustained by one or more persons or organizations as the result of any
one Occurrence shall not exceed $25,000.00.
3. The total payments from the Fund for all Damages because of
Advertising Injury as the result of any Occurrence shall not exceed
$10,000.00.
4. The total payments from the Fund for all Damages because of
Regulatory Injury as the result of any Occurrence shall not exceed $10,000.00.
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5. The aggregate payments from the Fund for all Damages because of
Bodily Injury, Property Damage, Advertising Injury, Personal Injury and
Regulatory Injury sustained within One Annual Period shall not exceed
$200,000.00.
B. Nothwithstanding any other prov1s10n of this Ordinance, where
liability exists by virtue of Chapter 102, Tex. Civ. Prac. & Rem. Code,
whether or not the City is a party defendant, payments may be made from the
Fund up to, but, in no event exceeding, the limits of liability provided
therein, as amended, for units of local government.
C. Payments from the Fund shall not be made with respect to a claim or
lawsuit that is brought against a Plan Member:
1. By the City;
2. Arising out of an intentional or knowing violation of a penal
statute or ordinance committed by or with the knowledge or consent of the Plan
Member of any claim arising out of acts of fraud committed by or at the
direction of the Plan Member with intent to deceive or defraud;
3. Arising either while the Plan Member is operating a City vehicle
with no authority to operate the vehicle, or while the Plan Member is
operating a City vehicle in the course of personal or·private business;
4. For liability assumed by the Plan Member under a contract, unless
the contract is entered into at the request and with the approval of the City;
5. If the Plan Member joins or attempts to join with the suit against
the Plan Member a claim against the City of benefits under the Assumed Risk
Ordinance or this Ordinance;
6. If the Plan Member fails to comply with Part IV of the Section; or
7. For punitive damages, where such damages are not recoverable in law
or against the City; -
8. For damages in excess of the amounts permitted Section 102.003, or
expressly excluded under Sections 102.002(c) and (d) Tex. Civ. Prac. & Rem.
Code, Vernon's Texas Codes Annotated (1985), as the same may be amended; and
9. For damages arising when a Plan Member is acting beyond the scope.
of his or her official duties.
D. Upon order of the Claims Board,and as a part of the applicable
limit of liability, the Fund may pay all expenses incurred at the request of
the Claims Board by, and all costs taxed against, any Plan Member in any suit
for which protection is afforded under the Risk Assumption Ordinance and all
interest on the entire amount of any judgment therein which accrues after the
entry of the judgment and before the same has been satisfied, subject to the
limits herein established;
E. The Program is further limited as follows:
1. Payments from the Fund shall not be made with respect to any
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obligation for which the City or a Plan Member of any insurance carrier may be
held liable under any worker compensation, unemployment compensation or
disability benefits or any similar law.
2. Payments shall not be made from the Fund for Damages arising out of
actions of the City pursuant to its lawful powers of condemnation.
3. Payments shall not be made from the Fund for Bodily Injury or
Personal Injury where the claimant is a Plan Member or a family member where
protection is afforded under health or similar plans of the City.
F. Payments from the Fund shall not be made for Advertising Injury
arising out of libel or slander of the publication or utterance of defamatory
or disparaging material concerning any person or organ¡2ation or goods,
products or services, or in violation of an individual's right to privacy,
made by or at the direction of a Plan Member with knowledge of the falsity
thereof or with actual malice.
G. Payments from the Fund shall not be made for Bodily Injury or
Personal Injury:
1. Resulting from the selling, serving or g1v1ng of any alcoholic
beverage in violation of any statute, ordinance or regulation; or resulting
from the selling, serving or giving of any alcoholic beverage to a minor, or
to a person under the influence of alcohol, or which causes or contributes to
the intoxication of any person, but this exclusion does not apply with respect
to liability of a Plan Member arising out of the selling, serving or giving
of any alcoholic beverages at functions incidental to the business of the
City.
2. Due to war, whether or not declared, civil war, insurrection,
rebellion or revolution, or to any act or condition incident to any of the
foregoing;
PART IV
Conditions
A. In the event of an Occurrence involving a Plan Member, written
notice containing particulars sufficient to identify the Plan Member and also
reasonably obtainable information with respect to the time, place and
circumstances thereof, and the names and addresses of the injured and of
available witnesses, shall be given by or for the Plan Member of his or her
authorized agents to the Claims Board as soon a practicable. If claim is made
or suite is brought against the Plan Member, the Plan Member shall immediately
forward to the Claims Board every demand, notice, summons, or other process
received. The Plan Member shall cooperate with, and upon the request of, the
Claims Board, assist in making settlements, in the conduct of suits and in
enforcing any right of contribution or indemnity against any person or
organization who may be liable to the Plan Member because of injury or damage
with respect to which payment can be made hereunder; and the Plan Member shall
attend hearings and trials and assist in securing and giving evidence and
obtaining the attendance of witnesses. The Plan Member shall not, except at
his or her own cost, voluntarily make any payment, assume any obligation or
incur any expense other than for first aid to others at the time of accident.
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B. No person or organization shall have any right to join the Fund, any
holder of the Fund, the Claims Board or any person having duties under the
Program of the Fund as a party to any action against the City or against a
Plan Member, nor shall the Fund, the Claim Board, the holder of the Fund, or
any other person having duties under the Program or the Fund be impleaded by
any Plan Member or any legal representative of any Plan Member.
C. The protection provided to the City by the Program is excess over
any valid and collectible insurance, except any insurance that specifically
states it is excess to the protection provided by the Program.
D. In the event of any payment under the Program, the Claims Board
and the City shall be subrogated to all the rights of any Plan Member for
recovery therefor against any person or organization and any Plan Member shall
execute and deliver such instruments and papers and do whatever else that is
necessary to secure such rights. No Plan Member shall do anything after loss
to prejudice such rights, provided, however, that nothing herein shall impair
or limit the right and authority of the Claims Board or the City to refuse to
assert or to waive any right of subrogation in any particular case, and
provided further that any net recovery by the City as subrogee shall be
remitted to the Fund.
E. The City shall have the right by duly adopted ordinance to alter or
amend or terminate the Program in whole or in part at-any time and from time to
time without notice to any Plan Member or other person, except as the right to
amend may be expressly limited by an agreement approved by the City Council.
F. Payments from the Fund on account of a Plan Member shall not be
authorized by the Claims board unless the Plan Member complies in all respects
with the requirements of the Risk Assumption Ordinance and this Ordinance.
Section 2. Expenses of the Program. The Claims Board is authorized to
define from time to time the costs of the Program and to obtain reimbursement
therefor from the Fund.
, rt
ARTICLE III
THE RISK MANAGER
Section 1. Duties. The Program shall include the services of a Risk
Manager for the city. Subject to the superior authority of the Claims Board
and the City Council, the Risk Manager shall have responsibility for:
(a)
Identification and measurement of all risks of accidental loss;
(b) Selection of appropriate risk management techniques for resolving
exposure problems, such as, (1) risk assumption, (2) risk reduction, (3) risk
retention, (4) risk transfer, or (5) other systems, as appropriate, including
the purchase of insurance additional to the Program, subject to the approval
of Claims Board and the City Council;
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(c) Developing and maintaining for the Claims Board and the City
Council an information system in coordination with existing systems for timely
and accurate recording of losses, claims insurance premiums and other related
costs and information; and
Section 2. Risk Retention. With regard to risks of accidental loss, it
shall be the City's policy to self-insure within the framework of the Fund and
the Program and to provide moneys to the Fund in accordance with actuarial
determinations providing for defined self-insurance coverages. Commercial
insurance may be provided:
(a) As excess coverage over the Fund, or
(b) Whenever certain necessary services can be obtained only by
purchase of commercial insurance, or
(c) When the City is obligated by contract or law to purchase
commercial insurance and no alternate method is acceptable, or
(d) When a higher level of risk retention proves both prudent and
fiscally sound, or
(e) When exclusions under the Program do not result in long-term
economic advantage to the City.
Section 3. Purchase of Insurance. (a) The procurement of all insurance
additional to the Program for the City will be coordinated through the Risk
Manager and submitted to the Claims Board and recommended to the City Council
for final approval.
(b) Additional insurance with limits equal to the maximum forseeable
loss shall be purchased:
(1) when the potential loss exposure exceeds the retention level
previously stated, and
, II
(2) when such insurance is available on a fiscally sound basis and,
if paid for as a cost of the Program out of the Fund, the purchase does
not render the Fund actuarially unsound.
(c) Any commercial insurance shall be purchased from sources determined
to be in the best interest of the City. No specific Best's Rating is
established as a minimum; however the insurance company must have an excellent
financial rating as determined by the Director of Financial Services and the
Risk Manager.
(d) Whenever possible, the renumeration of agents and brokers providing
services to the City shall be made on a fee basis.
Section 4. Claims, Reporting, Management and Settlement. (a) Claims made
by the public alleging wrongful acts, Bodily Injury, Personal Injury of
Property Damage and/or Occurrences resulting in Damage to or loss of City
property shall reported to and administered by the Claims Board, but only if
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properly and timely filed within the applicable provisions of the City Charter
or other statutory provisions.
(b) Claims handling and adjustment services will be used as required
and determined by the Risk Manager subject to supervision by the Claims Board.
(c) The Risk Manager shall have authority to settle claims as required
or necessary up to a dollar amount not to exceed $1,000.00 per claim, with
approval of the attorney for the city and the City Manager.
Section 5. General Mana~ement Responsibilities, Other City A~~ointment.
In order to maximize the effectiveness of the City's Risk Management Program,
cooperation between the Risk Manager and department heads and employees at all
levels of management of the City is needed, required and ordered, in order to
prevent, control, and reduce losses and c Bims.
ARTICLE IV
WORKERS COMPENSATION AND HEALTH CLAIMS
The Risk Manager shall have authority to pay routine weekly workers
compensation benefits, medical bills and servicing charges by professionals
hired by the City to administer or help administer the workers compensation
claims. The said Risk Manager shall have authority to pay routine medical
costs under the City health care program along with servicing charges by
professionals hired by the City to administer or help administer the health
claim program.
The Risk Manager shall have authority to pay lump sum workers
compensation claims up to $10,000.00 when supported by medical reports and
providing such claim payments are approved by the City Manager and attorney
for the City. For all other worker compensation claims, the Risk Manager
shall secure approval of the Risk Management Claims Board.
, .
ARTICLE V
MISCELLANEOUS
Section 1. Cumulative Effect. This Ordinance shall be and is hereby
declared to be cumulative of all other ordinance of the City, and this
Ordinance shall not operate to repeal or affect any of such other ordinances
except insofar as the provisions thereof might be inconsistent or in conflict
with the provisions of this Ordinance, in which event such conflicting
provision, if any, in this Ordinance shall control.
Section 2. Validity. If any section, subsection, sentence, clause of
phrase of this Ordinance is for any reason held to be unconstitutional, or
otherwise invalid, such holding shall not affect the validity of the remaining
portions of the Ordinance.
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Section 3. Governmental Functions. All of the regulations provided in
this Ordinance are hereby declared to be governmental and for the health,
safety and welfare of the general public. Any member of the City Councilor
any City official or employee charged with the enforcement of this Ordinance,
acting for the City in the discharge of his or her duties, shall not thereby
render himself or herself personally liable; and he is hereby releived from
all personal liability for any damage that might accrue to person or property
as a result of any act required or permitted in the discharge of his said
duties.
PASSED, APPROVED AND EFFECTIVE, on this the
day of
, Mayor
ATTEST:
, City Secretary
APPROVED AS TO FORM:
, Attorney for the City
, -
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, '.
CITY OF
NORTH RICHLAND HILLS
Planning and Development
_epartment:
Subject: Revised Flood Damage Prevention Ordinance
urd1nance ~o. 1471
- Council Meeting Date:
7/27/87
GN 87-; 73
Agenda Number:
In February, 1987 the City'Counci1 passed Ordinance 1442, the Flood Damage Prevention
Ordinance. This Ordinance enacted the controls which the City must adhere to in order
to be in compliance with the Federal Flood Insurance Program, administered by the
Federal Emergency Management Authority. 'Compliance with these federal provisions
assures continuance of the Flood Insurance Program which allows citizens of the City
living or conducting business in the flood prone areas of the City to purchase federally
subsidized Flood Insurance for their residences or businesses.
After passage of the Ordinance by the City Council a copy of the Ordinance was forwarded
to the FEMA office for their review. In their review of the Ordinance two items were
noted which required revision. (1) In Article 2, Definitions- the definition of
"Lowest Floor" had been revised in the Federal regulations and the City is request~d to
include that definition. (2) In Article 5, Section E- the latest interpretation of the
Federal regulations do not allow specific actions against "mobile homes" as a type of
housing. The FEMA office has requested that we remove the prohibition from the Flood
Damage Prevention Ordinance. However, the Zoning Ordinance and the Subdivision
Ordinance have similar prohibitions which are not affected by this change.
RECOMMENDATION:
It is recommended that the City Council adopt Ordinance No. 1471 revising the Flood
Damage Prevention Ordinance.
Finance Review
Acct. Number
Sufficient Funds Available
, Finance Director
CITY COUNCIL ACTION ITEM
Page 1 of 1
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ORDINANCE NO. 1471
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS that:
1.
Ordinance No. 1442 be, and is hereby, repealed.
2.
The followingr-ordinance is hereby adopted as the Flood Damage
Prevention Ordinance of the City of North Richland Hills, Texas.
3. '..-
This ordinance shall be in full force and effect from date of
passage and approval.
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ARTICLE 1
SECTION A
SECTION B
SECTION C
SECTION D
ARTICLE 2
ARTICLE 3
SECTION A
SECTION B
SECTION C
SECTION D
SECTION E
SECTION F
SECTION G
ARTICLE 4
SECTION A
SECTION B
SECTION C
SECTION D
ARTICLE 5
SECTION A
SECTION B
1
2
3
SECTION C
SECTION D
SECTION E
ARTICLE 6
FLOOD DAMAGE PREVENTION ORDINANCE
OUTLINE
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE
AND METHODS
STATUTORY AUTHORIZATION
FINDINGS OF FACT
STATEMENT OF PURPOSE
METHODS OF REDUCING FLOOD LOSSES
DEFINITIONS
GENERAL PROVISIONS
LANDS TO WHICH THIS ORDINANCE APPLIES
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD
ESTABLISHMENT OF DEVELOPMENT PERMIT
COMPLIANCE
ABROGATION AND GREATER RESTRICTIONS
INTERPRETATION
WARNING AND DISCLAIMER OR LIABILITY
ADMINISTRATION
DESIGNATION OF THE FLOOD PLAIN ADMINISTRATOR
DUTIES AND RESPONSIBILITIES OF THE FLOOD PLAIN
ADMINISTRATOR
PERMIT PROCEDURES
VARIANCE PROCEDURES
(
;
PROVISIONS FOR FLOOD HAZARD REDUCTION
GENERAL STANDARDS
SPECIFIC STANDARDS
RESIDENTIAL CONSTRUCTION
NONRESIDENTIAL CONSTRUCTION
MANUFACTURED HOMES
STANDARDS FOR SUBDIVISION PROPOSALS
STANDARDS FOR AREAS OF SHALLOW FLOODING
(A)/AH ZONES)
FLOODWAYS
SAVINGS CLAUSE AND CIVIL ENFORCEMENT
Cross
Ref.
NFIP
Pg. Regulations
3D
3D
3D
3D
4D
4D 59.1
7D 60.3(d)
7D 60.3(d)
7D 60.3(d) (1)
7D 60.3(d)
7D
8D
8D
8D
8D
8D 60.3(d) (1)
8D 60.3(d) (1)
9D 60.3(d)
10D 60.6(a)
lID
lID 60.3(d) (1)
12D 60.3(d) (1)
12D 60.3(d) (1)
12D 60.3(d) (I)
13D 60.3(d) (1)
13D 60.3(d) (1)
14D 60.3(d) (1)
14D 60.3(d)(2)4
15D-16D
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FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE I
STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS
SECTION A.
STATUTORY AUTHORIZATION
The Legislature of the State of Texas has in Vernon Annotated Civil Statutes
Article, 962, delegated the responsibility to local governmental units to adopt
regulations designated to minimize flood losses. Therefore, the City Council of
the City of North Richland Hills, Texas does ordain as follows:
SECTION B.
FINDINGS OF FACT
(1) The flood hazard areas of the City of North Rich1and Hills are subject to
periodic inundation which results in loss of life and property, health and safety
hazards, disruption of commerce and governmental services, and extraordinary public
expenditures for flood protection and relief, all of which adversely affect the
public health, safety and general welfare.
(2) These flood losses are created by the cumulative effect of obstructions
in Flood Plains which cause an increase in flood heights and velocities, and by the
the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to
other lands because they are inadequately elevated, floodproofed or otherwise
protected from flood damage.
SECTION~C.
STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety and general
welfare and to minimize public and private losses due to flood conditions in
specific areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public ~oney for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in flood
plains;
(6) Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas in such a manner as to minimize future flood blight
areas; and,
(7) Insure that potential buyers are notified that property is in a flood area.
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SECTION D.
METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or
property in times of flood, or cause excessive increases in flood heights or
velocities;
(2) Require that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural flood plains, stream channels, and
natural protective barriers, which are involved in the accommodation of flood
waters;
(4) Control filling, grading, dredging and other development which may
increase flood damage;
(5) Prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards to other lands.
ARTICLE 2
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted to give them the meaning they have in common usage and to give this
ordinance its most reasonable application.
APPEAL means a request for a review of the Flood Plain Administrator's
interpretation of any provision of this ordinance or a request for a variance.
AREA OF SHALLOW FLOODING means a designated AO, AR, or VO Zone on a community's
Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance
of flooding to an average depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable and where velocity flow
may be evident. Such flooding is characte~ized by ponding or sheet flow.
,
AREA OF SPECIAL FLOOD HAZARD is the land in the flood plain within a community
subject to a one percent or greater chance of flooding in any given year. The area
may be designated as Zone A on the FHBM. After detailed ratemaking has been
completed in preparation for publication of the FIRM, Zone A usually is refined into
Zones A, AD, AH, AI-99, va or VI-3D.
BASE FLOOD means the flood having a one percent chance of being equalled or
exceeded in any given year.
CRITICAL FEATURE means an integral and readily identifiable part of a flood
protection system, without which the flood protection provided by the entire system
would be compromised.
DEVELOPMENT means any man-made change in improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations.
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ELEVATED BUILDING means a nonbasement building (i) built, in the case of a building
in Zones AI-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated
floor, or in the case of a building in Zones VI-30, VE, or V, to have the bottom of
the lowest horizontal structure member of the elevated floor elevated above the
ground level by means of pilings, columns (posts and piers), or shear walls parallel
to the floor of the water and (ii) adequately anchored so as not to impare the
structural integrity of the building during a flood of up to the magnitude of the
base flood. In the case of Zones AI-30, AE, A, A99, AO, AH, B, C, X, D, "elevated
building" also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded movement of
flood waters. In the case of Zones VI-30, VE, or V, "elevated building" also
includes a building otherwise meeting the definition of "elevated building", even
though the lower area is enclosed by means of breakaway walls if the breakaway walls
meet the standards of Section 60.3(e)(5) of the National Flood Insurance Program
regulations.
EXISTING CONSTRUCTION means for the purposes of determining rates, structures for
which the "start of construction" commenced before the effective date of the FIRM of
or before January 1, 1975, for FIRMs effective before that date. "Existing
construction" may also be referred to as "existing structures."
//'
FLOOD OR FLOODING means a general and temporary condition of partial or complete
inundation of normally dry land areas from;
(1) the overflow of inland or tidal waters.
(2) the unusual and rapid accumulation or runoff of surface waters from any
source.
FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community, on which the
Federal Emergency Management Agency has delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, the water surface elevation
of the base flood, as well as the Flood Boundary-Floodway Map.
FLOODPLAIN OR FLOOD-PRONE AREA means any land area susceptible to being inundated
by water from any source (see definition of flooding).
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FLOOD PROTECTION SYSTEM means those physical structural works for which funds have
been authorized, appropriated, and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the areas within a
community subject to a "special flood hazard" and the extent of the depths of
associated flooding. Such a system typically includes hurricane tidal barriers,
dams, reservoirs, levees or dikes. These specialized flood modifying works are
those constructed in conformance with sound engineering standards.
FLOODWAY (REGULATORY FLOODWAY) means the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more than a
designated height.
FUNCTIONALLY DEPENDENT USE means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and
unloading of cargo or passengers, and ship building and ship repair facilities, but
does not include long-term storage' or related manufacturing facilities.
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HIGHEST ADJACENT GRADE means the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
LEVEE means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control, or
divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM means a flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which are
constructed and operated in accordance with sound engineering practices.
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking or
vehicles, building access or storage in an area other than a basement area is not
considered a building's lowest floor; provided that such enclosure is not built so
so as to render the structure in violation of the applicable non-elevation design
requirement of Section 60.3 of the National Flood Insurance Program regulations.
MANUFACTURED HOME means a structure transportable in one or more sections, which is
built on a permanent chasis and is designed for use with or without a permanent
foundation when connected to the required utilities. For flood plain management
purposes the term "manufactured home" also includes park trailers, travel trailers,
and other similar vehicles placed on a site for greater than 180 consecutive days.
For insurance purposes the term "manufactured home" does not include park trailers,
travel trailers, and other similar vehicles.
MEAN SEA LEVEL means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION means, for flood plain management purposes, structures for which
the "start of construction" commenced on or after the effective date of a flood
plain management regulation adopted by a community.
START OF CONSTRUCTION (for other than new construction or substantial improvements
under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial
improvement and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, placement, or other improvement was
within 180 days of the permit date. The a~tual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of
slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for basement, footings, piers or
foundations or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure.
STRUCTURE means a walled and roofed building, including a gas or liquid storage
tank, that is principally above ground as well as a manufactured home.
SUBSTANTIAL IMPROVEMENT means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50% of the market value of the
structure either, (1) before the improvement or repair is started, or (2) if the
structure has been damaged and is being restored, before the damage occurred. For
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the purposes of this definition "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor, or other structural part of
the building commences, whether nor not that alteration affects the external
dimensions of the structure. The term does not, however, include either (1) any
project for improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications which are solely necessary to assure
safe living conditions, or (2) any alteration of a structure listed on the National
Register of Historic Places or a State Inventory of Historic Places.
VARIANCE is a grant of relief to a person from the requirements of this ordinance
when specific enforcement would result in unnecessary hardship. A variance,
therefore, permits construction or development in a manner otherwise prohibited by
this ordinance.
VIOLATION means the failure of a structure or other development to be fully
compliant with the community's flood plain management regulations. A structure or
other development without the elevation certificate, other certifications, or other
evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3),
(e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that
documentation 1s provided.
WATER SURFACE ELEVATION means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of
various magnitudes and frequencies in the flood plains of coastal or riverine areas.
ARTICLE 3
GENERAL PROVISIONS
SECTION A
LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazard with the
jurisdiction of the City of North Richland Hills.
SECTION B
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
(
The areas of special flood hazard identifi~d by the Federal Emergency Management
Agency in a scientific and engineering report entitled, "The Flood Insurance Study
for the City of North Richland Hills," dated November, 1985, with accompanying Flood
Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any
revisions thereto are hereby adopted by reference and declared to be a part of this
Ordinance.
SECTION C
ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required to ensure conformance with the provisions of
this ordinance.
SECTION D
COMPLIANCE
No structure or land shall hereafter be located, altered, or have its use changed
without full compliance with the terms of this ordinance and other applicable
regulations.
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SECTION E
ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing
easements, convenants, or deed restrictions. However, where this ordinance and
another conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
SECTION F
INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall be;
(1) considered as minimum requirements; (2) liberally construed in favor of the
governing body; and (3) deemed neither to limit nor repeal any other powers granted
under State statutes.
SECTION G
WARNING AND DISCLAIMER OR LIABILITY
The degree of flood protection required by this ordinance is considered reasonable
for regulatory purposes and is based on scientific and engineering considerations.
On rare occasions greater floods can and will occur and flood heights may be
increased by man-made or natural causes. This ordinance does not imply that land
outside the areas of special flood hazards or uses permitted within such areas-will
be free from flooding or flood damages. This ordinance shall not create liability
on the part of the City of North Richland Hills or any officer or employee thereof
for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made thereunder.
ARTICLE 4
ADMINISTRATION
SECTION A
DESIGNATION OF THE FLOOD' PLAIN ADMINISTRATOR
The Director of Planning and Development is hereby appointed the Flood Plain
Administrator to administer and implement the provisions of this Ordinance and other
appropriate sections of 44 CFR ( National Flood Insurance Program Regulations)
pertaining to flood plain management.
SECTION B
(
DUTIES AND RESPONSIBILITIE~ OF THE FLOOD PLAIN ADMINISTRATOR
Duties and responsibilities of the Flood Plain Administrator shall include, but not
be limited to, the following:
(1) Maintain and hold open for public inspection all records pertaining to the
provisions of this ordinance.
(2) Review permit application to determine whether proposed building site will
be reasonable safe from flooding.
(3) Review, approve or deny all applications for development permits required
by adoption of this ordinance.
(4) Review permits for proposed development to assure that all necessary
permits have been obtained from those Federal, State or local governmental
agencies (including Section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
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(5) Where interpretation is needed as to the exact location of the boundaries
of the areas of special flood hazards (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions) the Flood Plain
Administrator shall make the necessary interpretation.
(6) Notify adjacent communities and the Division of Emergency management Texas
Water Commission prior to any alteration or relocation of a water course, and
submit evidence of such notification to the Federal Emergency Management Agency.
(7) Assure that the flood carrying capacity within the altered or relocated
portion of any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance with
Article 3, Section B, the Flood Plain Administrator shall obtain review and
reasonable utilize any base flood elevation data available from a Federal, State or
other source, in order to administer the provisions of Article 5.
(9) When a regulatory floodway has not been designated, the Floodplain
Administrator must require that no new construction, substantial improvements, or
other development (including fill) shall be permitted within Zones AI-30 and AE on
the Community's FIRM, unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more
than one foot at any point within the community.
SECTION C
PERMIT PROCEDURES
(1) Application for a Development Permit shall be presented to the Flood Plain
Administrator on forms furnished by him/her and may include, but not be limited to
plans in duplicate drawn to scale showing the location, dimensions, and elevation of
proposed landscape alterations, existing and proposed structures, and the location
of the foregoing in relation to areas of special flood hazard. Additionally, the
following information is required:
(a) Elevation is relation to mean sea level, of the lowest floor (including
basement) of all proposed structures;
(b)
Elevation in relation to mean~sea level to which any nonresidential
structure shall be floodprooféd;
(c)
A certificate from a registered professional engineer or architect that
the nonresidential floodproofed structure shall meet the floodproofing
criteria of Article 5, Section B(2);
(d) Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development.
(e) Maintain a record of all such information in accordance with Article 4,
Section (B) (1).
(2) Approval or denial of a Development Permit by the Flood Plain
Administrator shall be based on all of the provisions of this ordinance and the
following relevant factors:
(a) The danger to life and property due to flooding or erosion damage;
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(b) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(c) The danger that materials may be swept onto other lands to the injury of
others;
(d) The compatibility of the proposed use with existing and anticipated
development;
(e) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(f) The costs of providing governmental services during and after flood
conditions including maintenance and repair of streets and bridges, and
public utilities and facilities such as sewer, gas, electrical and water
systems;
(g) The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if
applicable, expected at the site;
(h) The necessity to the facility of a waterfront location, where
applicable;
(i) The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
(j) The relationship of the proposed use to the comprehensive plan for that
area.
SECTION D VARIANCE PROCEDURES
(1) The Board of Adjustment as established by the City of North Richland Hills
shall hear and render judgement on requests for variances from the requirements of
this ordinance.
(2) The Board of Adjustment shall hear and render judgement on an appeal
only when it is alleged there is an error tn any requirement, decision, or
determination made by the Flood Plain Admiftistrator in the enforcement or
ádministration of this ordinance.
(3) Any person or persons aggrieved by the decision of the Board of Adjustment
may appeal such decision in the courts of competent jurisdiction.
(4) The Flood Plain Administrator shall maintain a record of all actions
involving an appeal and shall report variances to the Federal Emergency Management
Agency upon request.
(5) Variances may be issued for the reconstruction, rehabilitation or
restoration of structures listed on the National Register of Historic Places or the
State Inventory of Historic Places, without regard to the procedures set forth in
the remainder of this ordinance.
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(6) Variances may be issued for new construction and substantial improvements
to be erected on a lot of one-half acre or less in size contiguous to and surrounded
by lots with existing structures constructed below the base flood level, providing
the relevant factors in Section C (2) of this Article have been fully considered.
As the lot size increases beyond the one-half acre, the technical justification
required for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of this
ordinance, the Board of Adjustment may attach such conditions to the granting
of variances as it deems necessary to further the purpose and objectives of this
ordinance (Article 1, Section C).
(8) Variances shall not be issued within any designated flood way if any
increase in flood levels during the base flood discharge would result.
(9) Prerequisites for granting variances:
(a) Variances shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(b) Variances shall only be issued upon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant the
variance would result in exceptional hardship to the applicant, and (3)
(iii) and a determination that the granting of a variance will not
result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
(c) Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with
the lowest floor elevation below the base flood elevation, and that the
cost of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation.
(10) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that (i) the critéria outlined in Article 4, Section D(I)-9
are met, and (ii) the structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional threats to
public safety.
ARTICLE 5
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A
GENERAL STANDARDS
In all areas of special flood hazards the following provisions are required:
(1) All new construction and substantial improvements shall be designed (or
modified) and adequately anchored to prevent flotation, collapse or lateral movement
of the structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy;
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(2) All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage; ,
(4) All new construction or substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing, and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of flooding.
(5) All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to minimize
or eliminate infiltration of flood waters into the system and discharge from the
systems into flood waters; and,
(7) On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
SECTION B
SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has been
provided as set forth in (1) Article 3, Section B, (2) Article 4, Section B(7); or
(3) Article 5, Section C(3), the following provisions are required:
(1) Residential Construction - new construction and substantial improvement of
any residential structure shall have the lowest floor, including basement, elevated
to or above the base flood elevation. A registered professional engineer,
architect, or land surveyor shall submit a certification to the Flood Plain
Administrator that the standard of this subsection as proposed in Article 4, Section
C(l)a, is satisfied.
(2) Nonresidential Construction - new construction and substantial improvement
of any commercial, industrial or other nonresidential structure shall either have
the lowest floor (including basement) elevated to or above the base flood level
or, together with attendant utility and sanitary facilities, be designed so that
below the base flood level the structure 'is watertight with walls substantially
impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
A registered professional engineer or architect shall develop and/or review
structural design, specifications, and plans for the construction, and shall certify
that the design and methods of construction are in accordance with accepted
standards of practice as outlined in this subsection. A record of such
certification which includes the specific elevation (in relation to mean sea level)
to which such structures are floodproofed shall be maintained by the Floodplain
Administrator.
(3) ENCLOSURES new construction and substantial improvements, with fully
enclosed areas below the lowest floor that are subject to flooding shall be designed
to automatically equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect or meet or exceed
the following minimum criteria:
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(a)
A minimum of two openings having a total net area of not less than one
one square inch for every square foot of enclosed area subject to
flooding shall be provided.
(b)
The bottom of all openings shall be no higher than one foot above
grade.
(c)
Openings may be equipped with screens, louvers, valves, or other .
coverings or devices provided that they permit the automatic entry and
exit of floodwaters.
(4) MANUFACTURED HOMES
(a)
Require that all manufactured homes to be placed within Zone A, shall
be installed using methods and practices which minimize flood damage.
For the purpose of this requirement, manufactured homes must be
elevated and anchored to resist flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not limited to
use of over-the-top or frame ties to ground anchors. This requirement .
is in addition to applicable State and local anchoring requirements
for resisting wind forces.
(b)
All manufactured homes shall be in compliance with Article 5, Section
B (1).
(c)
Require that all manufactured homes to be placed or substantially
improved within Zones AI-30, AH and AE on the community's FIRM be
elevated on a permanent foundation such that the lowest floor of the
manufactured home is at or above the base flood elevation; and be
anchored to an adequately anchored foundation system in accordance
with the provision of Section B(4) of this Article.
SECTION C
STANDARDS FOR SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent with Article 1, Sections B,
C, and D of this ordinance.
(2) All proposals for the development of subdivisions including manufactured
home parks and Subdivisions shall meet Dévelopment Permit requirements of Article 3,
Section C; Article 4, Section C; and the provisions or Article 5 of this Ordinance.
provisions of Article 5 of this ordinance.
(3) Base flood elevation data shall be generated for subdivision proposals and
other proposed development which is greater than 50 lots or 5 acres, whichever is
lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4,
Section B(7) of this ordinance.
(4) All subdivision proposals including manufactured home parks and
subdivisions shall have adequate drainage provided to reduce exposure to flood
hazards.
(5) All subdivision proposals including manufactured home parks and
subdivisions shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize or eliminate flood
damage.
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SECTION D
STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES)
Located within the areas of special flood hazard established in Article 3, Section
3, are areas designated as shallow flooding. These areas have special flood hazards
associated with base flood depths of 1 to 3 feet where a clearly defined channel
does not exist and where the path of flooding is unpredictable and where velocity
flow may be evident. Such flooding is characterized by ponding or sheet flow;
therefore, the following provisions apply:
(1) All new construction and substantial improvements of residential
structures have the lowest floor (including basement) elevated above the highest
adjacent grade at least (1 1/2 feet) one and one-half feet above the depth number
specified in feet on the community's FIRM (at least two feet if no depth number
is specified).
(2) All new construction and substantial improvements of nonresidential
structures:
(i)
have the lowest floor (including basement) elevated above the highest
adjacent grade at least (1 1/2 feet) one and one-half feet higher than
the depth number specified in feet on the community's FIRM (at least
two feet if no depth number is specified), or;
(ii) together with attendant utility and sanitary facilities be designed so
that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydroynamic loads of effects of buoyancy.
(3) A registered professional engineer or architect shall submit a
certification to the Flood Plain Administrator that the standards of this Section,
as proposed in Article 4, Section C(l)a, are satisfied.
(4) Require within Zones AH and AO, adequate drainage paths around structures
on slopes, to guide floodwaters around and away from proposed structures.
SECTION E.
FLOODWAYS
Floodways - located within areas of special flood hazard established in Article 3,
Section B, are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters which carry debris, potential
projectiles and erosion potential, the following provisions, shall apply;
(1) Encroachments are prohibited, including fill, new construction,
substantial improvements and other development unless certification by a
professional registered engineer or architect is provided demonstrating that
encroachments shall not result in any "adverse effect" on the carrying capacity of
the IOO-year flood plain during the occurrence of the base flood discharge.
(2) If Article 5, Section E(I) above is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard reduction
provisions of Article 5.
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ARTICLE 6
SAVINGS CLAUSE AND CIVIL ENFORCEMENT
A.
If any portion of this ordinance is declared to be invalid it shall not
affect the remaining valid portions.
B.
The reference in this ordinance to regulation of any activity which is
precluded or regulated by the Zoning Ordinance or other ordinances of the
City shall not be construed to allow such activity or to alter the terms of
the Zoning Ordinance or other ordinances pertaining to particula~ land use
or development.
c.
The City shall have the right to enforce this ordinance by civil action in
a court of competent jurisdiction.
It is hereby found and declared by The City of North Richland Hills that severe
flooding has occurred in the past within its jurisdiction and will certainly
occur within the future; that flooding is likely to result in infliction of serious
personal injury or death, and is likely to result in substantial injury or
destruction of property within its jurisdiction; in order to effectively comply with
minimum standards for coverage under the National Flood Insurance Program; and in
order to effectively remedy the situation described herein, it is necessary that
this ordinance become effective immediately. Therefore, an emergency is hereby
declared to exist, and this ordinance, being necessary for the immediate
preservation of the public peace, health and safety, shall be in full force and
effect from and after its passage and approval.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS
THIS DAY OF , 1987.
APPROVED:
ATTEST:
Mayor
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Attorney
· -"/"-:-.'--- :~-,->..,--:..,;_~,,-_---,¡r
CITY OF
NORTH RICHLAND HILLS
Purchasing _ Council Meeting Date: 7/27/87
Bid award to A & W Custom Signs of Keller, for three
internally lighted signs in the amount of $37, 710. A d N b PU87-3l
gen a urn er:
Funds are available for purchase of three internally lighted
signs ( including one message board sign) for identification
of the City Hall, Community Center / Library, and Municipal
Complex on Watauga Road. The signs are coordinated in
design, and previously approved by the City Council Sign
Committee and the City Council.
On July 14, 1987, sealed bids were opened publicly for the
lighted signs.
The results are summarized below:
Vendor
Exceptions
Total Bid
Zimmerman
o
$ 48,333.00
Custom Signs
o
45,855.00
Ford Signs
o
43,158.00
All Kinds of Signs
o
40,533.00
Accent Graphics
o
39,277.51
* A & W Custom Signs
A & W Custom Signs
(Alt. Bid)
o
5
37,710.00
34 , 161 . 00
Does not meet
specifications.
Totally
unacceptable.
-~~
Recommendation: Award bid package for three internally
lighted signs to the lowest bidder * A & W Custom Signs of
Keller, Texas, in the amount of $37,710.
Finance Review
---L
Acct. Number 15-01-01-6150
s~undS Available
77f~ v -
-R~'
"gnature ¡ City Manager
CITY COUNCIL ACTION ITEM
, Finance Director
~
Page 1 of 1
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CITY OF NOR~TH RICH LAND HILLS
PURCHASING DEPARTMENT
NORTH RICH LAND HILLS, TEXAS
I ~tar of the 'Metroplex
INVITATION TO BID AND BID QUOTATION FORM
r VENDOR'S NAME AND ADDRESS SHOW THIS INFORMATION ON ENVELOPE: "
I \ Request For: Lighted Signs
A & W Custom Signs Bid Opening Date: July 14, 1987
421 B Main St.
I Keller, TX 75248 Date:
Requisition No.
Sealed bids will be received until July 14, 1987
I City of North Richland Hills, P. O. Box 18609
North Richland Hills, Texas 76118
A TTI\!: Jeanette Rewis Phone: 817-281-0041
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
It R; rI ñ. II -.,r 'tn ~nøl';fïl'.:a+;nn~ l;~"'atf nn h1l1ð_ -
oJ --.- . - .- - --- - -._-
print.
I: NRH Municipal Complex 1 1 $6905.00 $6905.00
NRH Municipal Building 1 1 5578..00 557B nn
Ig NRH Community Center 1 1 6227..00 6227 00
Messaqe Center 1 1 10 nnn nn 1n nnn nn
- --,"''''-._- ·.",....,....,....,.....,v
~ TOTAL 37.710.00
I 3 LiQhted SiS!ns
-
PP1'" At't-~~npn ~necifications
12 .,
Alternate Bid , ~ TOTAL $34.161..00
I See attached sheet
.
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\.... ALL BIDS MUST BE EXTENDED AND TOTALED BEFORE BEING CONSIDERED. ~~ ~
IERMS % DAYS, F.O.B. CITY OF NORTH
.LAND HILLS: DELIVERY IN DAYS FROM
IPT OF ORDER. The City of North Richland Hills Purchas-
fon ept. reserves the right to reject any or all bids, waive formali-
¡es, or to award purchases on an individual item basis when in its
st interests. ALL SALES AND USE TAXES TO BE EXCLUD-
ED FROM BID. PRICES TO BE QUOTED F.O.B. CITY OF
fORTH RICH LAND HILLS, TEXAS.
- ."-.: - . .'. r,! -". -!- ~', ~".' I r- "" ,
IN SUBMITTING THI~ BID, VENDOR AGREES THAT AC-
CEPTANCE OF ANY OR ALL QUOTATIONS BY THE PUR-
CHASING DEPARTMENT OF THE CITY OF NORTH RICH-
LAND HILLS WITHIN A REASONABLE PERIOD CONSI-
TUTES A BINDING CONTB.8..GT.
COMPANY· A&W CUSIUM SIGNS
BY: . PERRY WEST
PHONENUMB~1-37~
. ~ _ S~~_N<~ ~~RE: - _u AI {. /
DA TE :
7/14/87
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The. unqersigned hereby offers to sell to the City of North Richland Hills,
. on the terms and conditions contained in this proposal, the general
conditions and the specifications and any other conditions that may be
attached and further certify that our attached proposal submitted by
A&W CUSTOM SIGNS complies with all the specifications as outlined in
vendor name
the City of North Richland Hills bid specification. Be it further specified that
any-non-,compliance with the City óf North~ Richland-·Hills specifications will be _____:_
fully'Òi1tlined il1 detail stating said vendors 7"
o exceptions.
state number
And further understand that the City of North Richlan~ Hills' acceptance of
any p.!oposal from any vendor is only with the expressed understanding that
the City of North Richland Hills has full right to accept or reject any and
all proposals, or any part thereof.
Company Name
A&W CUSTOM SIGNS
, . ~ ,.
, ~... ~AJ~/ L-::1
PERRY WEST ~V~~~'
- -, ----..--.-.-..-
:. ,.
By
..
Title
OWNER
Date
7/14/87
~ ~ BE SUBMITTED ~ VENDOR QUOTATION
I' ^\ 4~tJ A~~ (
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ALTERNATE BID
ITEM
-
DESCRIPTION
gUANITY
a
Specifications to alternate bid listed on
bl ueline drawing except lettering on faces S:la
shall be embossed and backspr~ed with customers
choice of color-No trim-cap letters.
A NRH Municipal Complex 1
B NRH Municipal Building 1
C NRH Community Center 1
D Message Center 1
. II
(
~ UNIT PRICE TOTAL
1 $5513.00 $5513.00
- ...-/
1 $4930.00 $4930.00
1 $4718.00 $4718.00
1 $19,000.00 $19,000.00
Total $34,161.00
I
CITY OF
NORTH RICHLAND HILLS
Purchasing Department
_Department:
SUbject:
7/27/87
Proposed change order for repair of existing
library roof in the amount of $42,477.00.
- Council Meeting Date:
Agenda Number: PU 87-32
The existing roof over the old library has leaked in the past
during intense storms. However, as the result of the construction
of the new Police facility several additional leaks have appeared
resulting in the loss of several ceiling tiles., Considering our
plans to remodel the library to house the administrative section
of the Police Department, staff thinks it is in the best interest
of the City to have that section of the roof resurfaced while the
present construction is underway and obviously cost effective.
After personal inspection by John Whitney and two (2) roofing
company representatives, staff feels the failure to advise
council of this problem and potential consequences would be a
dereliction of duty.
Unfortunately, there is no provision with th~ police station
contractor to repair the subject roof.
Financing is outlined in Cover Sheet GN 87-71, July 27, 1987.
Recommendation: Council authorization to Support Services to
issue a change order in the amount of $42,477.00 to Calvin
Baker/Thomas Gilmore; a Joint Vent~re, for the repair of the
existing library roof. r .
----Å-
kf~
Finance Review
Acct. Number 06-01-02-6200
SU~~~~
RtiZ~
City Manager
COUNCIL ACTION ITEM
. Finance Director
Page 1 of 1
. ---'," -11'_ "'-<:'-"-',o~'i', '''''~-".'''>,::t ~__¥,"i ~:'
I
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I_epartment:
Subject:
CITY OF
NORTH RICHLAND HILLS
Administration . . 7/28/87
Bid Award to Austin Paving CUIIIµdny fur r",µruvemenBïounc,1 Meeting Date:
to Watauga Road in the Amount of $3,361,596.24
PW 87-27
Agenda Number:
Bids were received for the reconstruction of Watauga Road on July 15, 1987. The
attached Engineer's letter provides a bid tabulation for your review. The letter also
includes several comments regarding the scheduling of work and other conditions related
to this project which are specially called to your attention. This project includes
acquisition of right-of-way, major construction of paving and drainage, and associated
water and sewer system adjustments.
The budget for right-of-way acquisition was established at $825,964.00. One parcel
remains to be acquired. After this purchase is completed a total of $315,000 will have
been spent which represents a savings of approximately $510,964.
The low bid for construction was received from Austin Paving Company in the amount
of $3,290,825.51 for asphalt or $3,361,596.24 for alternate 2 (concrete construction).
It is the opinion of the City Staff that concrete paving will last longer than asphalt
due to heavy traffic loading that is anticipated for this major thoroughfare. Also, it
should be noted that the utility bid includes a contingency amount of $20,000 for
unanticipated needs. The underground lighting and the landscaping, including a
sprinkler system for the median, will be presented to the City Council for consideration
at a later date.
Funding Source: (Over) Under
Anticipated
Description Budget Cost/Contract Budget
e Construction
*Street & Drainage $2,460,571 $2,934,575 (474,004)
Pipeline Casing 35,000 33,500 ** 1,500
***Landscaping 300,000 300,000 -0-
***Street lights 75,000 75,000 -0-
***Railroad Crossing 240,000 240,000 -0-
***Traffic Signals 200,000 200,000 -0-
Total Construction $3,310,571 $3,783,075 (472,504)
~
, ~
Engineering 441,395 437,700 3,695
Ri ght-of-~Jay 825,964 315,000 510,964
Total - G.O. Bonds $4,577,930 $4,535,775 42,155
Utility Adjustments 406,000 427,021 (21,021)
Grand Tota 1 $4,983,930 $4,962,796 21,134
* Contract cost without reductions for assessments
** Based on Mobil Pipeline Company estimate
*** Estimated costs
Source of Funds:
Bonds (GO/Rev.)
_ Operating Budget
_ Other
x
Finance Review
Acct. Number See Above
SU~dS Available
. Finance Director
City Manager
CITY COUNCIL ACTION ITEM
Page 1 of
2
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·~..·..···:·.··'······.·I'··
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Page Two
As indicated, an additional amount of $21,021 is required for the utility adjustment.
It is recommended that $21,021 be appropriated from the Unspecified Water and Sewer
CIP, account number 02-09-99-6700.
Recommendation:
The staff recommends awarding the bid to Austin Paving Company in the amount of
$3,361,596.24 for concrete paving of Watauga Road and amend the budget as indicated
above.
CITY OF NORTH RICHLAND HILLS
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(; G.tJ£
KNOWL TON-ENGLISH-FLOWERS, INC.
CONSULTING ENGINEERS / Fort Worth-Dallas
July 20, 1987
Honorable Mayor and City Council
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, Texas 76180
Re: 3\-336, CITY OF NORTH RICHLAND HILLS
VATAUGA ROAD PAVING AND DRAINAGE
BID TABULATION
In accordance with your instructions, bids were received on July 15, 1987,
for the referenced project. This project includes paving and drainage
improvements on Vatauga Road from Rufe Snow to Davis Blvd. Also included
are associated water and sewer system adjustments.
The bid tabulation for this project is attached for your review. As the
tabulation indicates, bids were received from four (4) contractors.
The low bid was received from Austin Paving Company, P.O. Box 947022,
Ft. Vorth, Texas 76147, in the amount of S 3,290,828.51, for Alternate 1,
which is Asphalt Paving, and S 3,361,596.24 for Alternate 2, Concrete
Paving. The bid tabulation is broken down as follows:
: Alte.rnate 1 Alternate 2
(Asphalt) (Concrete)
Paving $ 1,506,852.28 $ 1,577,620.01
Drainage 1,356,955.15 1,356,955.15
Yater 408,309.50 408,309.50
Sewer 18,711.58 18,711.58
Total Low Bid $ 3,290,828.51 $ 3,361,,596.24
The difference in the Asphalt and Concrete Alternates is S 70,767.73. The
combined paving and drainage low bid for Alternate 1 is $ 2,863,807.43,
and for Alternate 2 is $ 2,934,575.16. Both of these alternates are lower
than the total budgeted amount of $ 3,310,751 authorized by you for this
project (See Revision 6-A of the CIP Budget Report). Alternate 1 is
$ 446,943.57 lower than the bUdget, and Alternate 2 is $ 376,175.84 lower
than the budget.
1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267-3367
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July 20, 1987
VATAUGA ROAD BID TABULATION
2
Page
Ve would note that this project does not include landscaping and lighting
in the median. The lighting will be provided by TU-Electric, but paid for
by the City, and the landscaping (including sprinkler system) will be
added later after the median is constructed by change order or separate
contract. Ve do not have an estimate for the lighting and landscaping
yet, but sufficient funds appear to be available for this work from the
unused portions of the street, drainage, and right-of-way allocations.
The low bid for the combined water and sewer system work totals
$ 427,021.08, which we understand is over the budgeted amount of about
$ 406,000. A utility contingency fund of $20,000 is provided in the
contract (Bid Item No. 23V) for miscellaneous plumbing and sprinkler
system adjustments if needed. Even though all of the $20,000 extra
contingency monies will probably not be required, we would recommend that
the water and sewer budget be increased to the contract amount of
$ 427,021.08 to cover unanticipated extra costs which may occur.
Because the schedule for this project was moved up about eight months from
the originally scheduled construction commencement date of March 1, 1988,
several unfinished or unresolved items have not yet been accomplished
which could delay completion of this project. The low bidder, Austin
Paving, bid 675 Calendar Days (about 1 year, 10 months), which is 2 months
under the estimated completion time of 2 years (See Revision 6-A CIP
Schedule). The following list of unfinished or unresolved items was
furnished to all bidders in the contract documents and a summary is
included here for your information:
1. Verbal agreements have'bee"" made with all property owners for
dedication of rights-of-way and easements, however, not all
R.O.V. documents have been formally executed yet. Any delays to the
Contractor due to possible R.O.V. acquistion problems will be cause
for extension of contract completion time but not cause for extra
compensation to the contractor. (Ve understand that all right-of-way
has now been acquired except Stop-N-Go).
2. Permit for construction in the St. Louis Southwestern Railway
Company right-of-way has not yet been obtained. The contractor shall
perform all work outside the railroad right-of-way limits, until such
permit has been obtained by the City of North Richland Hills.
Contractor shall have executed a "Right-of-Entry" form before he does
any work within the railroad right-of-way. (This permit requires the
contractor to have comprehensive general and automobile liability
insurance coverage of $ 2,000,000, along with other requirements).
3. Permit for construction in the Davis Blvd. right-of-way has not
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July 20, 1987
VATAUGA ROAD BID TABULATION
Page
3
yet been obtained by the City from the Highway Department.
Contractor shall perform all other work outside the limits of Davis
Blvd. R.O.Y. until permit has been obtained.
4. Several existing utilities owned by Southwestern Bell Telephone
Company, Lone Star Gas Company, TU-Electric Company, Sammons Cable
Communications Company, Mobil Pipeline Company, and the City of North
Richland Hills, require relocation or adjustment, and such work has
not yet been performed. Contractor shall perform all non-conflicting
work in this contract first until such utility conflicts have been
resolved. Delays to the contractor due to utility conflicts shall be
cause for extension of contract completion time but not cause for
extra compensation to the contractor.
5. Plans are presently underway for extension of the existing
casings on two Mobil Pipeline Company lines which cross Vatauga Road.
No underground utility work (water or sewer) or excavation shall be
performed in the vicinity of these Mobil Pipelines until the casing
extension work is complete. Ve understand that Mobil has agreed to
do this work within the next three or four months.
6. The existing Vatauga Road pavement shall be kept open at all
times for two-way traffic. Excavation of the existing pavement shall
not be performed until traffic is rerouted to portions of the
proposed new pavement or to temporary detours. Separate payment to
the contractor is provided for minor detour construction when ordered
by the City.
,
7. A portion of the City-owned Municipal Complex site property has
been made available to the Contractor for temporary use during
construction for storing materials, equipment, stockpiling topsoil,
and other uses if approved by Gene Riddle. The City assumes no
liability for any loss or damage to the contractor's materials stored
at the City site, however. Contractor shall restore the site to its
original condition when the job is finished.
8. Landscaping and sprinkler system is being designed for portions
of the proposed medians, but is not presently included in this
contract. This work will be done by others or by negotiated change
order to this contract after the median construction is complete.
Seeding or hYdromulching of the medians and parkways will also be
included in the landscape contract. This contract (paving) does
include, however, compacted topsoil fill in the medians with mounds
located at various places in the median for future landscaping.
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July 20, 1987
VATAUGA ROAD BID TABULATION
4
Page
9. A miscellaneous plumbing allowance of $20,000 is provided in this
contract for existing sprinkler system adjustments, etc., if
required. Also, a $10,000 allowance for traffic signal box and
conduit adjustments, and miscellaneous traffic signing or pavement
markings is provided, as required.
10. Other general notes related to detailed construction procedures
and schedules are included in the Construction Plans on sheets 4, 5,
and 6.
11. Ve would further note, for the Council's information, that
median openings are provided only at intersecting side streets and
not at private driveways or other locations. Construction of future
median cuts as may be directed by the Council will require
modifications to the median landscape plan, sprinkler system plan,
lighting plan, etc., which will require additional engineering and
construction costs.
12. Regarding the proposed median lighting, the Council should
decide if it wants overhead wiring or underground wiring from pole to
pole. Ve understand that Gene Riddle will be providing costs from
TU-Electric for both of these options for your consideration.
13. Regarding the two alternates provided in this contract,
Alternate 1 includes an 8-inch thick asphalt pavement section on
8-inches of stabilized subgrade, and Alternate 2 includes an 8-inch
thick reinforced concrete pavement section on 8-inches of stabilized
subgrade. Because of the expanßive soils upon which the proposed
pavement will be constructed, you can anticipate future movement and
cracking of both an asphalt or concrete pavement surface throughout
the life of the thoroughfare. A two-year maintenance bond is
provided in this contract which requires the contractor to repair all
cracks or pavement failures during this maintenance period. Ve would
defer recommendation of which Alternate to award, asphalt or concrete
pavement, to the Public Yorks Department.
Based on the bids submitted, we would recommend award of the contract to
the low bidder, Austin Paving Company in the amount of $ 3,290,828.51, if
asphalt paving is selected, or $ 3,361,596.24, if concrete paving is
selected, for a period of 675 calendar days.
Ve will be present at the July 27, 1987, Council meeting to answer any
questions you may have concerning this project.
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July 20, 1987
YATAUGA ROAD BID TABULATION
tlj~
RICHARD V. ALBIN, P.E.
RVA/ra
Enclosures
cc: Mr. Rodger N. Line, City Manager
Mr. Dennis Horvath, Assistant City Manager
Mr. Gene Riddle, Director of Public Yorks
Mr. Greg Dickens, P.E., Assistant Director of Public Vorks
Mr. Richard Royston, Director of Planning
Mr. Lee Maness, Director of Finance
Mr. Floyd McCallum, City Inspector
Mr. Larry Jones, Utility Inspector
Mr. Ken Matheson, Street and Drainage Inspector
Austin Paving Company
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Page
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