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CC 1987-09-28 Agendas
I I I I I I I I I I I I I I I I I I I CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA SEPTEMBER 28, 1987 - 5:30 P.M. For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. *Executive Session (Recommended Discussion Time - 30 Minutes) a. Personnel b. Briefing on Pending Litigation c. Review of Progress on Land Acquisition 2. GN 87-93 Increase of Hotel/Motel Occupancy Tax Rate, Ordinance No. 1498 (Other budget related items, including Agenda Item Nos. 14, 16, 17, 18, 19, 20, 21, 23, 29, 30, & 31) (Recommended Discussion Time - 15 Minutes) 3. Interim Report on Economic Development Plan - Mr. Worth Blake (Recommended Discussion Time - 20 Minutes) 4. Discussion of Weed Ordinance - Councilman Garvin (Recommended Discussion Time - 10 Minutes) SEP 1 5 I I I I I I I I I I I I I I I I I I I Page 2 NUMBER ITEM ACTION TAKEN 5. Discussion of Appearance at State Department of Highways and Public Transportation Meeting in August Regarding Northeast Tarrant County Freeway - Mayor Dan Echols (Recommended Discussion Time - 10 Minutes) 6. GN 87-104 Proposed Policy for Public Meeting Rooms (Agenda Item No. 22) (Recommended Discussion Time - 10 Minutes) 7. GN 87-108 Ordinance Establishing a Police Operated Impound Area, and a Revision of the Current Wrecker Ordinance No. 878, Ordinance No. 1490 (Agenda Item No. 26) (Recommended Discussion Time - 5 Minutes) 8. Greater Tarrant County Narcotics Intelligence Coordination Unit (Recommended Discussion Time - 10 Minutes) 9. GN 87-106 Waste Hauler Ordinance, Ordinance No. 1497 (Agenda Item No. 24) (Recommended Discussion Time - 5 Minutes) I ~.. I I I ( - : ',Page 3 .) "'t ' -'":""t ~_:;:.-~,,'.r.1/~: _. ~-l.... t,::_; ~< ~ ,PW 87-31; Amendment 'to 'Water Service \ .. contract>~ith· City' of Fort - Worth, Ordinance No. 1491 \.' (Agenda Item No. 32) (Recommended Discussion Time - 5' - Minutes)' r I r I [I -'. r '. . J --/// . / . '.... .. ,,/-, 11. , - Platting of Industrial Park ). "',:,,: :t-J _ ,1'- . ~. I, Boulevard for Holiday Lane Connection - Mr~\Mike Jennings,' Lamar Savings(Reco~~ended0 Discussion ;rime"'-' -- Minutes)' , . II f ' II .11 . ¡,;,." \':, .', ,c",: --{ :<'~"-¿::;'::1'~::':~~ '- ~ :-: :::. ,":'>''-;:"',' -,:,~:'..'''; ~ ::'\, "~_ . :',;'. \~~t ... : ~ , , , ' ,-' '-.- 12. : ".' Poss i b 1 e Work Sess i on October 5, -' " ¡ .J' II". ",-i, 13. \'-)~.".. '.-" '.' ~Other Items " . -',. ;~:;t:~4i~~~~~~=7~ :.;:::; '..:., ,;;'h ::.<,. ..¥ :.:'.' - ,.....\.. -. . ···'1... II II' II!· ·ll! . ·tl ·1 I ,// .' - ~ ,~, ~-, ., .., :..... ., , - ,:' ( . . ./' *Clósed due to subject matter as provided ,by the " .. - . .:. . '.',:...1. ", -;" 'Open Meetings Law:r 'If 'any action' is' . i . contemplated; it will be taken in open session. . - ;1 .. . . " " I"'. '., ; . I I I I I I I I I I I I I I I I I I I CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA SEPTEMBER 28, 1987 For the Meeting conducted at the North Richland Hills City Hall Council Chambers, 7301 Northeast Loop 820, at 7:30 p.m. The below listed items are placed on the Agenda for discussion and/or action. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Roll Call 3. Invocation 4. Minutes of the Special Meeting September 14, 1987 5. Minutes of the Regular Meeting September 14, 1987 6. Removal of Item(s) from the Consent Agenda 7. Consent Agenda Item(s) indicated by Asterisk (11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 28, 29, 30, 31, 32, 33, 34, & 35) 8. Presentation of Proclamation by Mayor Echols Regarding Fire Prevention Week 9. PZ 87-19 Public Hearing - Amendment to Zoning Ordinance Regarding Commercial Gymnasiums, Ordinance No. 1494 I I I I I I I I I I I I I I I I I I I Page 2 NUMBER ITEM ACTION TAKEN 10. SO 87-9 Request for Approval of Theater Marquee Sign at I.H. 820 and Hwy. 26 *11. GN 87-93 Increase of Hotel/Motel Occupancy Tax Rate, Ordinance No. 1498 *12. GN 87-94 Proposed Closing of Fountain Street Between Venice Street and Dawn Drive *13. GN 87-95 Investment Policies *14. GN 87-96 Repayment of Prior Year1s Franchise Taxes from the Utility Fund to the General Fund *15. GN 87-97 Bank Wire Transfer Contracts, Resolution No. 87-25 (First Republic Bank Richland, N.A.), Resolution No. 87-26 (Texas Commerce Bank-Hurst, N.A.) and Resolution No. 87-27 (Bank of North Texas, N.A.) *16. GN 87-98 Certified Tax Roll, Resolution No. 87-23 *17. GN 87-99 Granting Exemptions for Fiscal Year 1987/88, Resolution No. 87-24 I I I I I I I I I I I I I I I' (, I I I Page 3 .. NUMBER ITEM ACTION TAKEN *18. GN 87-100 Setting Tax Rate for Fiscal Year 1987/88, Ordinance No. 1493 *19. GN 87-101 Adopting Operating Budget Fiscal Year 1987/88, Ordinance No. 1492 *20. GN 87-102 Ordinance Adopting the Texas Municipal Retirement System's "Updated Service Creditll Benefit and Increasing the City and Employees Contribution Rates, Ordinance No. 1495 *21. GN 87-103 Ordinance Amending and Adopting the Civil Service Rules and Regulations, Ordinance No. 1479 *22. GN 87-104 Proposed Policy for Public Meeting Rooms *23. GN 87-105 Ordinance- Adopting Legislative Changes to the Texas Municipal Retirement Act, Ordinance No. 1496 *24. GN 87-106 Waste Hauler Ordinance,. Ordinance No. 1497 25. GN 87-107 Public Hearing - Watauga Road. Realignment and Street Vacation I I I I I I I I I I I I I I I t I III I Page 4 NUMBER ITEM ACTION TAKEN *26. GN 87-108 Ordinance Establishing a Police Operated Impound Area, and a Revision of the Current Wrecker Ordinance No. 878, Ordinance No. 1490 27. GN 87-109 Appointment to Boards/Commissions *28. GN 87-110 Adoption of Resolution Confirming Cooperation and Participation in Tarrant County's Community Development Block Grant Program, 1988-1990, Resolution No. 87-28 *29. PU 87-38 Increase Purchase Order No. 00129 to Hudiburg Chevrolet in the amount $9,995 for one vehicle *30. PU 87-39 Rejection of Bids for Type I 1988 AmbulanCe í *31. PU 87-40 Award Bid to Riggs First Line (E-1) for one Class A, Triple Combination Pumper Fire Truck in the Amount of $166,794 *32. PW 87-31 Amendment to Water Service Contract with City of Fort. Worth, Ordinance No. 1491 I I I I I I I I I I I I I I I I) I I I Page 5 NUMBER ITEM ACTION TAKEN *33. PAY 87-6 Final Pay Estimate #3 to Atkins Brothers Equipment Company, Inc. in the Amount 0 $25,027.80 - North Richland Boulevard and Lariat Trail *34. PAY 87-7 Final Pay Estimate #10 - Street, Water & Drainage Improvements Along Ashmore Drive, Rogan Drive and Lynn Terrace *35. PAY 87-8 Final Pay Estimate #4 to Leonard Hazel, Inc. in the Amount of $46,491.99 Miscellaneous Water and Sewer Improvements 1986 36. Citizen Presentation Mr. Mike Jenningst Lamar Savings Regarding Platting of Industrial Park Boul~vard tor Holiday Lane Extens i on - (If time is not available in Pre-Council Meeting) 37. Adjournment I~ Ie I I I I I I I Ie I I I I I I) ~ Ie I . .A. ~ ~ COMMISSION STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION DEWIlT C. GREER STATE HIGHWAY BLDG. 11TH A BRAZOS AUSTIN, TEXAS 7'701-1413 September 22, 1987 ENGINEER-DIRECTOR R. E. STOTZER, JR. -.- ROBERT H. DEDMAN, CHAIRMAN JOHN R. BUTLER, JR. RAY STOKER, JR. -.- IN REPLYRWffR TO (512)463-8576 Honorable Bob Hampton Tarrant County Commissioner Precinct No.3 Northeast Government Complex 645 Grapevine Highway Hurst, Texas 76054 Dear Commissioner Hampton: In.accordance with your letter dated September 14, 1987, I have registered the mayors of Colleyville, Fort Worth, Grapevine,' Keller, North Richland Hills, Southlake and Watauga to appear before the State Highway and Public Trans- portation Commission on Monday, November 16, 1987. We prepare extensive public hearing reports to help our Commissioners be- come familiar with each delegation's request. Due to the'amount of data we must compile and coordinate for these reports, we ask that all the neces- sary information be submitted six (6) weeks prior to the public hearing date. Therefore, in order to provide:the Commission with an appropriate briefing document for the November public hearìng, you should contact our District Engineer in Fort Worth, Mr. J. RO. Stone at 817/292-6510, to coordinate the elements of your presentation, i.e., limits, estimated cost, traffic counts, accident data, etc. A list of delegation responsibilities is attached to help you prepare for your appearance before the State Highway and Public Transportation Commission. Your attention is especially directed to Item #3. Also, your attention is directed to Item #5 relative to changes in your'planned presentation. Your letter and outline should reach this office no later than October 5, 1987. The hearings are scheduled to start at 10:00·a.m. in the DeWitt C. Greer Building on the 1st floor. Your delegation will be No.2 on the docket for November 16th. It is my understanding your delegation plans to discuss a proposed freeway in Tarrant County. Your presentation time should be limited to twenty minutes or less. I ).,. ...~ I · e I I I I I I I Ie I I I I I I I Ie I Honorable Bob Hampton Page 2 September 22, 1987 Mr. Stone and his staff are available to assist you if you have any questions concerning your presentation before the Commission. Sincerely, Attachment cc: Mayor J. R. Hubbard, City of Colleyville Mayor Bob Bolen, City of Fort Worth Mayor Nick Powell, City of Keller Mayor Tom Powers, City of Grapevine ~or Dan Echols, City of North Richland Hills Mayor Johnny H. Westerholm, City of Southlake Mayor Virgil R. Anthony, Sr., City of Watauga Mr. Robert H. Dedman Mr. J 0 h n R. But 1 e r , : Jr . I Mr. Ray Stoker, Jr. Mr. R. E. Statzer, Jr. Mr. Byron C. Blaschke Mr. Roger G. Welsch Mr. M. L. Yancey Mr. J. R. Stone (District 2) Highway Design Division (File 0-8) Transportation & Planning Division (File 0-10) Safety & Maintenance Operations Division (File 0-18) I~. Ie I I I I I I I Ie I I I I I I I Ie I ~ .. -, PUBLIC HEARING REPORTS Delegation Responsibilities 1. Delegation should contact State Department of Highways and Public Transpor- tation District Office in Fort Worth (817/292-6510) and coordinate all items to be discussed at Public Hearing. 2. Discussion should be planned to address a maximum of three projects with priorities indicated. 3. District Office will provide assistance for delegation, if desired, to -pre- pare a letter which includes a substantial outline of the subject(s) to be discussed. The outline should include: a. limits b. Description of existing facility c. Traffic volumes d. Description of requested improvement e. Include proposed local government' participation (City, County): 1. Right of Way 2. Utility adjustments 3. Curb and gutter 4. Storm sewer f. List any additional proposed participation in project (private sector, etc.). 4. Presentation time at Public Hearings should be limited to a maximum of twenty minutes. 5. If delegation identifies changes in planned presentation subsequent to sub- mission of letter, the District Office should be notified immediately. Any changes within thirty days of Public Hearing may result in deferring presen- tation of delegation until following Public Hearing. . 6. Except for Legislators, the delegation'.s presentation should be made by a maximum of three speakers. 7. If ,delegation plans to handout material to the Commission supporting their presentation, it is very desirable that this information be made available to the Commission prior to the public hearing, so the Commission may review and be familiar with its contents. Therefore, it is strongly recommended you furnish any such documents to the Commission Secretary (11th and Brazos, Austin, Texas 78701-2483) ten days prior to the Commission meeting date. I ~ Ie I I I I I I I· Ie I I I I ,I I I Ie I THE PEROT GROUP 12377 ~IERIT DRIVE · St:ITE 1600 n.-\.LLAS, TEXAS 75251 (214) 788- 3000 September 17, 1987 Mayor Dan Echols City of North Richland Hills P.o. Box 18609 North Richland Hills, Texas 76180 Mayor Echols: Per your request, enclosed find a copy of the Letter of Intent to Donate used to gather support for improvements to State Highway 121. I hope this will assist you in your efforts. Please keep me informed of progress on the project. Very truly yours, Q~W~~ ~. Gl-~; Laurie D. Zirpel CS LDZ/ns Enclosure I .,. ~, - "" Ie I I I I I I I, Ie I I I I I I I Ie I LETTER OF INTENT TO DONATE RIGHT-OF-WAY FOR STATE HIGHWAY 121 Improvement of Texas State Hi ghway 121 ("SH 121") to a controlled access freeway facility, including development of an alignment bypassing the City of Lewisville, as generally shown on Exhibit nAil (attached to this letter and incorporated herein by this reference) is urgently needed to reduce congestion and enhance safe and expeditious flow of traffic along SH 121 between US Hi ghway 75 in McKi nney, Texas, and the Da 11 as/Fort Worth Regional Airport. Improvement of SH 121, including the new alignment bypassing lewisville, would also benefit the under- signed by providing a major thoroughfare along or across a tract of land owned by the undersigned, as generally shown on Exhibit IIB" and legally described on Exhibit lie" (both attached to this letter and incorporated herein by this reference). In consideration of the above the undersigned offers and agrees to dedi cate to the appropri ate government agency (as determined by the Texas Department of Highways and Public Transportation) at no cost, such real property currently owned by the undersigned as may be necessary to construct the new align- ment of SH 121 and improve the existing alignment (other than the portion bypassed) to a controlled access freeway facility, provided that the strip of real property to be dedicated by the undersigned shall in no event exceed feet in width at any point along SH 121. The final alignment may be adjusted to conform to surveys and eng; neeri ng studi es at no cost to the undersigned, provided~· such, .final alignlTlent does not vary substantially from the route depicted on Exhibit IIAII. This offer to donate the foregoing right-of-way by the undersigned is expressly made subject to the following conditions: 1. The Texas Department of Highways and Public Transportation (IISDHPTII) shall formally revise its official plans of Texas state highways to show that SH 121 is planned for ultimate development as a controlled access freeway facility from the intersection of SH 121 with US Highway 75 southwest to the Dallas/ Fort Worth Regional Airport access roadt including the '... I ~ '- Ie I I I I I I I~ Ie I I I I I I I Ie I alignment bypassing Lewisvi1le as shown on Exhibit IIAII, before the undersigned shall be required to execute documents legally dedicating the land offered herein. '2. SDHPT shall approve and fund before May 1, 1985, and shall expeditiously acquire all right-of-way needed for the facility described in Paragraph 1. 3. SDHPT shall design and begin actual construction of a four-lane divided highway on the route as shown on Exhibit nAil as rapidly as practicable, and in no event later than December 31, 1988. 4. The documents evidencing the .dedication of right-of-way as aforesaid shall contain the restrictions described above and shall otherwise be in form and substance satisfactory to the undersigned and its legal counsel. Improvement 'of SH 121 ; s urgently needed by all the communities north and east who use SH 121 for access to DFW Airport and by the City of Lewisville to ease congestion and aid the flow of traffic. day of , 1985. Dated this ( Property Owner) AGREED TO AND ACCEPTED by the Texas Department of Highway and Public Transportation By: Its: , 1985 I . · _J: __ I~~ I TO FROM I I I I I I Ie I I I I I I I Ie I INTER-OFFICE MEMORANDUM Rod er N. Line REF: PDMfl01/87/614 Jerr L. McGlasson Police DATE: September 21. 1987 SUBJECT: Greater Tarrant Co~ntLNarcotics Intelligence Coordination Unit On Monday September 14th 1987 the Commissioners Court of Tarrant County unanimously authorized District Attorney Tim Curry to seek $1,419,652 in Federal Grant Funds on behalf of the County and the 29 cities whose Chiefs of Police have indicated they'd like to participate in this endeavor. We are one of the cities who have indicated their interest in this task force. D.E.A., I.R.S. (Criminallillnvestigations) and the Texas D.P.S. Narcotics unit are participating in the Grant in an advisory role. The grant establishes and funds a management structure of one commander and two assistant commanders; funds two assistant district attorneys, hire three D.A. in-' vestigators, a computer specialist, a crime analyst, a financial officer and seven clerk typists; for a total of 18 personnel paid by the grant. The local participants contribute between 50 and 60 enforcement officers and supervisors to this project. The grant funds all furniture, supplies, housing, utilities and vehicles needed by the grant-funded staff. The local participants agree to not seek any narcotics fund- ing outside this grant and that they'll either assign their current narcotics en- forcement staff to this grant and/or will not engage in any enforcement efforts with- out first ,coordinating with the Commander of the ùnit. This agreement extends to State and Federal agencies within Tarrant County. The entire County has been divided into four jurisdictions, (Tarrant County, Greater Fort Worth, Greater Arlington and Northeast) we are in the "Northeast Team". Lieu- tenant Joey Ziemien of Euless will act as coordinator of all 10-15 members assigned to this team. Each of the other three (3) teams will also have a command level person in charge of all members of that particular team, no matter which city they may re- present. Each team will have 10-20 local narcotics agents assigned under their Commander. ../ :. ! In order to assure full accountability on 'the part of all participants, a Board of Governors has been selected with Tim Curry acting as the Chairman. Sheriff Don Carpenter, Chiefs Windham, Kunkle, Rippy and myself comprise the voting members with DEA and DPS narcotics serving as non-voting members. In order for the grantees to obtain $200,000.00 in grant confidential monies (buy money) we had to pledge 25% of that amount ($66,000.00) in local buy money as a "direct match". In reali ty there is nearer to $125,000. 00 available. The 1. 5+ million sought for this county is part of the 13 million in Federal funds allotted to rexas for drug interdiction earlier this year. We anticipate approval of this grant by the Criminal Justice Division of the Governor's office as early as October 18th and feel this unit can be operational by November 1st 1987. Since this grant only runs one year and we do not 'forsee any funding possible past the 5th year. We've taken steps to assure that this concept does not die when grant funding ceases. All agencies have agreed that assets seized and forfeited will be- come part of an interest bearing fund and that the interest from this fund will be used to continue this task force well beyond the term of this Grant. The Board of Governors is actively recruiting the Grant funded positions, seeking buildings to house the four teams (and the Grant staff) and writing the specifi- cations for the electronic and computer equipment described in the Grant. I'll be glad to elaborate on any portion of the unit you'd like to know more about. If any formal commitment documents are required I'll present them to either you or to the City Council as may be required. I Ie I I I I I I I Ie I I I I I I I Ie I ~ - ~ ~ o :z:~ o:~ UJ~ >CJ 8~ l.L.CJ o~ o~ ~ -=: o CQ --- . +lL CQJ ~-g .~ ~ V)O <U __I I I I I , I I ~ LU C :z: i o u ,... taL. .... C1J uu c·... rd'+- C'+- .,.. 0 L&.. I ...; l·)- ~ ~.g .~ ~ v)o <u c o .... .... ~= GJU .... C1J ~~e Cl::L.RS Q.OJ ... I- mL cno cu .,.., ..J~ \ -a , c VlO .... .,. V)..,.a >tctl r-C ta·... c"'O <L- o &no UUc_ .... rd ~~(1) o ~ u.c L.U C't1L. :zcø C1J U1 cu cz: ~QJ CJL.E ~ :::1 ~ V)NQJ < .,. t- QJ V) Þ \ .... ,... .... \ .c .,. V) C \ 0 Q. en \ OJ ~ '+- 0 I / / I VI n:s OJ ~ ea U) E -- - ~ to- .... res c o .... ~ 'E / ~ Q I -c ,... cu .... u. c s..o~ <1J~R ~ c:n res RSCQJ QJ .,.. r- I..r- ~~ ~ ~E C1JRS -CClJ ~r- L- o :z: .s:::. '-~ CJL-~ ~O¡¡;;¡ rd3rd ~~~ c.,:,L o L&.. l ~~e s..Ctt1 L.:::JQJ RSOI- Þ-U en L QJ U .,.. '+- '+- o o N I Lt) ,.. en s.. OJ U .... '+- ..... o Ln ..- I o ,.. ~ L. QJ U .... '+- 4- o o N I Ln ,... ~ ~ aJ U .,.. ~ "t- o Ln r- I o r- I· Ie I I I I I I I Ie I I I I I I I f' I MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - SEPTEMBER 14, 1987 - 7:45 P.M. 1 __ CALL TO ORDER Mayor Echols called the meeting to order September 14, 1987, at 7:45 p.m. Present: Dan Echols Dick Fisher Richard Davis Marie Hinkle Virginia Moody Jim Ramsey Linda Spurlock Staff: Rodger N. Line Dennis Horvath Jeanette Rewis Rex McEntire Lee Maness John Whitney Richard Royston Greg Dickens Richard Albin 2. ROLL CALL Mayor Mayor Pro Tem Councilman Councilwoman Councilwoman Councilman Councilwoman City Manager Assistant City Manager City Secretary Attorney Finance Director Director of Support Services Director of Planning Asst. Public Works Director City Engineer Members of~ the Pressf Absent: Mack Garvin Gene Riddle Councilman Public Works Director 3. INVOCATION Councilwoman Hinkle gave the invocation. 4. MINUTES OF THE REGULAR MEETING AUGUST 24, 1987 APPROVED Mayor Pro Tern Fisher moved, seconded by Councilwoman Moody, to approve the minutes of the August 24, 1987 meeting. Motion carried 6-0. I· Ie I I I I I I I ~ I I I I I II I f I September 14, 1987 Page 2 5. . REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None 6. CONSENT AGENDA ITEM(S) INDICATED BY ASTERISK (11, 12, 13, 14, 16, 17, 18, 19, 20, 21, & 22) APPROVED Councilman Ramsey moved, seconded by Councilwoman Hinkle, to approve the Consent Agenda. Motion carried 6-0. 7. PZ 87-14 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF IKE HARRIS AND COMPANY TO REZONE TRACT 16E, W.W. WALLACE SURVEY, ABSTRACT 1606 FROM R-3 SINGLE FAMILY TO R-8 ZERO-LOT-LINE SINGLE FAMILY (LOCATED SOUTH OF EMERALD HILLS WAY AND WEST OF GRAPEVINE HIGHWAY) POSTPONED 8. ORDINANCE NO. 1486 POSTPONED 9. PZ 87-15 PLANNING & ZONING - PUBLIC HEARING - REQUEST OF RICHMOND BAY DEVELOPMENT COMPANY TO REZONE A PORTION OF TRACT 2, W.A. TRIMBLE SURVEY, ABSTRACT 1520, FROM OC (OUTDOOR COMMERCIAL) AND R-2 (SINGLE FAMILY) TO R-2 (SINGLE~ FAMILY) AND O-C (OUTDOOR COMMERCIAL) (LOCATED SOUTH OF MEADOW LAKES DRIVE AND WEST OF DORY COURT) Mayor Echols opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. John Hutchins, Consulting Engineer representing the applican~, appeared before the Council. Mr. Hutchins stated he was present to answer any questions the Council might have. Mr. Hutchins stated they were çontinuing the development of Meadow Lakes by continuing the R-2 lots with 10,400 square feet and had agreed to the minimum house size that was proposed by the Planning and Zoning Commission. Mr. Hutchins stated they were taking 130 feet off one of the ,proposed fairways and could see no adverse effect to the golf course. I· Ie I I I I I I I ~ I I I I I I I ~ I September 14, 1987 Page 3 Mayor Echols stated there was some concern on the golf course and asked Mr. Hutchins if he had a copy of the plat on this proposed change and the potential golf course. Mr. Hutchins showed the Council a copy of the plat. Councilman Ramsey stated he did not have a problem with the proposed zoning tonight, but did have a problem with the fact that the golf course kept eluding the City. Councilman Ramsey stated that he felt it was time that the Council asked if a golf course was actually going to be developed. Mr. Hutchins stated the information that he got today from Mr. Frank, who handled the negotiations on the golf course, was that they did have a contract. Councilman Ramsey stated that maybe the Council should hold up on approval _ of the request until the contract could be reviewed. Councilman Ramsey asked if the Staff was aware of the contract. Mr. Line stated he had talked with Bob Frank at least once or twice a week for the last six months and the status seemed to be the same as it was several months ago. Mr. Line stated there had not been any concrete progress on the golf course in quite sometime although he understood from Mr. Frank that there was a good chance it would come through. Councilwoman Hinkle stated that sometime back the City was not going to issue any more building permits until the developers of the golf course escrowed money, or at least the money was available and the City knew there was really going to be a golf course. Mr. Line stated that the issuance of building permits pertained only to the multi-family zoned area. Mr. Line stated that with the approval of the multi-family the golf course was a condition. Mr. Line stated that subsequently all the multi-familYihad been converted to another type of zoning. ! Councilwoman Hinkle asked how many lots were left on the lake. Mr. Hutchins stated they were working on nine lots at the present time and two would have lake views. Mr. Hutchins stated that none of the lots in question were on the lake. Mr. Hutchins stated he would like to inform the Council that they did have a master plan for the area that cpmpletely eliminated the golf course and they planned on putting single family homes in that area. Councilman Davis stated it was time to belly up. Councilman Davis stated the City had been told several times there was going to be a golf course. Councilman Davis stated all they were doing was taking away more of the OC, Outdoor Commercial. Councilman Davis stated they had lied to the citizens of North Richland Hills that had bought houses in the area and they had also advertised a golf course. Councilman Davis stated it was time to belly up and do it, or get someone else in there to do it right. I Ie I I I I I I I ~ I I I I I I I f I September 14, 1987 Page 4 Mayor Echols called for anyone wishing to speak in opposition to please come forward. There being no one else wishing to speak Mayor Echols closed the Public Hearing. 10. ORDINANCE NO. 1487 DENIED Councilman Davis moved, seconded by Councilman Ramsey, to deny Ordinance No. 1487. Motion carried 6-0. *11. PS 87-30 REQUEST OF BOAT CLUB ESTATES, INC. FOR REPLAT OF COVENTRY PLACE ESTATES ADDITION, LOTS 7R-l THROUGH 16R-1, BLOCK 5 AND LOTS 1 THROUGH 12, BLOCK 6 (LOCATED ON NORTHEAST CORNER OF HIGHTOWER DRIVE AND SMITHFIELD ROAD) APPROVED *12. GN 87-88 FOOD SERVICE ORDINANCE, ORDINANCE NO. 1489 APPROVED *13. GN 87-89 VITAL STATISTIC FEES, ORDINANCE NO. 1488 APPROVED { *14. GN~87-90 BANK DEPOSITORY AGREEMENT APPROVED 15. GN 87-92 PUBLIC HEARING - OPERATING BUDGET APPROVED Mr. Line presented the overall view of the proposed budget. Mayor Echols opened the Public Hearing and called for anyone wishing to speak to please come forward. There being no one wishing to speak Mayor Echols closed the Public Hearing. Councilman Davis moved, seconded by Councilman Ramsey, to set the final adoption of the Operating Budget for September 28, 1987. Motion carried 6-0. I Ie I I I I I I I Ie I I I I I I I i' I September 14, 1987 Page 5 *16. PU 87-33 PURCHASE OF RIGHT-OF-WAY FROM WILLIAM E. PASTEUR AND WALTER ELLIOTT, JR. FOR THE PURPOSE OF CONSTRUCTING STARNES ROAD APPROVED *17. PU 87-34 AWARD THE ANNUAL OFFICE SUPPLY CONTRACT TO MILLER BUSINESS SYSTEMS APPROVED *18. PU 87-35 RATIFYING INVOICE 6808 AND 6794 IN THE AMOUNT OF $6,707.83 APPROVED *19. PU 87-36 PURCHASE OF COUNCIL CHAMBERS REMOTE VIDEO EQUIPMENT APPROVED *20. PU 87-37 BID AWARD TO HUDIBURG CHEVROLET FOR (5) CHEVROLET CELEBRITY'S (2) 1/2 TON PICKUPS & (1) S-10 PICKUP IN THE AMOUNT OF $78,438 APPROVED *21. PW 87-29 1987 MISCELLANEOUS STREET RECONSTRUCTION APPROVED *22. PW 87-30 CONTRACT FOR LABORATORY SERVICES WITH THE TRINITY RIVER AUTHORITY : APPROVED l- Ie I I I I I I I Ie I I I I I I I i' I 23. CITIZEN PRESENTATION None 24. ADJOURNMENT September 14, 1987 Page 6 Mayor ATTEST: City Secretary " *' CITY OF NORTH RICHLAND HILLS Planning and Development Department: 9/28/87 - Council Meeting Date: Public Hearing on Proposed Zoning Ordinance Amendment Kegard1ng Commerc1a~ üynmasu1ms Ordinance No. 1494 PZ 87-19 Agenda Number: At the Planning and Zoning Commission direction the Staff has drafted a proposed amendment to the Zoning Ordinance which would create the designation "Commercial Gymnasium" for the purpose of indoor recreational play for a fee. In discussions with a prospective developer of such a use it was observed that the Zoning Ordinance did not contain such a category. The Staff had suggested that the proposed use be allowed in the C-I District. At the same time the Staff also noted that the definitions of and the designated use category covering Health Spas and Fittness Centers, which historically have been permitted in C-I District, did not exist. These definitions and categories have also been added. In observing the proposed uses available for the "Commercial Gym" the parking ratio is proposed at one space per each four hundred square feet of floor area in the building. Although this ratio is somewhat lower than the retail or business level ratio, the nature of the use lends itself to the less restrictive requirement. RECOMMENDATION: The Planning and Zoning Commission recommended approval of the proposed revision to the Zoning Ordinance to add the use categories, Commercial Gymnasium, Health Spa and Fitness Center to the Ordinance. It is recommended that the City Council conduct the required public hearing and act upon the proposed revision to the Zoning Ordinance. I I Source of Funds: Bonds (GO/Rev.) Operating Budget r Finance Review Acct. Number Sufficient Funds Available , 72f1~~ ead Signature City Manager CITY COUNCIL ACTION ITEM , Finance Director Page 1 of I Ie I I I I I I I " I I I I I I I Ie I Page 2 P & Z Minutes August 27, 1987 3. PZ 87-19 PZ 87-19 APPROVED ( ( Mr. Elliott stated this property already zoned R-2 which is 9,000 square foot lots and 1,600 squa foot houses. He said this is an e sting subdivision which is being esurrected and they plan to develo t. Mr. Tucker asked the owners would have any objecti to restricting the lots which fr t on Hightower to side or rear ent garages. Mr. Ro ton stated that Hightower wou be a major thoroughfare. Elliott said they had no objections to that. Chairman Bowen called for those wishing to speak in opposition to this replat to please come forward. There being no one wishing to speak, 'the Chairman closed the Public Hearing. Mr. Tricoli made the motion to approve PS 87-30 with the stipulation that Lots 5 thru 8 of Block 6 must have side or rear entry garages. This motion was seconded by Mr. Wood and the motion carried 5-0. Consideration of an amendment to the Zoning Ordinance 81080 regarding Commercial Gymnasium. Mr. Wood made the motion to recommend approval of PZ 87-19. This motion was seconded by Mr. Mr. Tricoli and the motion carried 5-0. Chairman Bowen said the Commission was approached regarding an indoor Gym for soccer. He stated they needed to add the use to the ordinance and set up parking limitations. ,I Ie I I I 1 I I 1 Ie I I I I I I I Ie I Page 3 P & Z Minutes August 27, 1987 ADJOURNMENT ( ( Mr. Tucker said the ordinance did not address spas either so they have listed a definition for those uses. The meeting adjourned at 7:40 P. M. Chairman Planning & Zoning Commission Secretary Planning & Zoning Commission I I ORDINANCE NO. 1494 I I BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas, that Ordinance No. 1080 (Zoning Ordinance), adopted January 9, 1984 and as heretofore amended, be and the same is hereby amended at the following section: I a. Section III, Definitions, be revised to add the following definitions: I COMMERCIAL AMUSEMENTS I An enterprise whose main purpose is to provide the general public with an amusing or entertaining activity, where tickets are sold or fee collected at the gate of the activity. Commercial amusements include zoos, carnivals, expositions, miniature golf courses, driving ranges, arcades, fairs, exhibitions, athletic contests, rodeos, tent shows, ferris wheels, children's rides, roller coasters, skating rinks, ice rinks, and traveling shows. I I SPAS, HEALTH STUDIO OR FITNESS CENTER I A business, open to the general public, which provides various facilities and materials for the purposes of improving the health and fitness of its clients. This type business may include in its facilities such things as swimming pools, weight rooms, running tracks, suanas or steam rooms for the use of its customers. These various uses must be located indoors. I I COMMERCIAL GYMNASIUM I Any facility, open to the general public, offering as its primary use floor area for the playing of organized sports, such as basketball or soccer, for fees; whether in structured league arrangements or in "free play" setting. Such facilities may include restaurant and snack bar-refreshment services subject to all other provisions of this ordinance governing such services. I b. Section 13.2 PERMITTED USES, shall be revised as follows: I Section 13.2.16 Spas, Health Studios, Fitness Centers, Commercial Gymnasiums. I c. Table 22.3 shall be revised to add the following: SECTION 3 RECREATIONAL, SPECIAL AND ENTERTAINMENT (f) Spas, Health Studios, Fitness Centers, Commercial Gymnasium, 1 Space for each 400 square feet of gross floor area. I ·1 I_ I I I I I I I I_ I I I II I I ,_ I I Page 2 APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 27th DAY OF AUGUST, 1987. .. PASSED AND APPROVED THIS DAY OF ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: J :1- Attorney ission ~æ Chairman Planning & Zoning Commission , 1987. Mayor ¡ \". ' //-:, -/. CITY OF NORTH RICHLAND HILLS Department: eUbject: Fire Department Request for Approval of Theater Marquee Sign at I.H. 820 and Hwy. 26 Council Meeting Date: 9/28/87 Agenda Number: SO 87-9 Mr. Burk Collins of Burk Collins Investments is requesting City Council approval of a sign permit for two theater marquee signs for the new theater being constructed at I.H. 820 and Hwy. 26. One of the signs will be placed along I.H. 820 and the other along Hwy. 26. Two signs are allowable under the Sign Ordinance. Section 4.5 "Theater Marquees" of the Sign Ordinance requires Council approval on all theater marquee signs. Since the Council has original jurisdiction over this type of sign, forwarding this request to the Council for action is not considered to be in conflict with the Council 's moratorium on requests for sign variances. It should be noted, however, that the size of the overall sign (including the theater marquee) totals approximately 840 square feet according to Staff's method of computation, and totals approximately 360 to 380 square feet according to a representative of the applicant, based on his method of computation. The maximum allowable under the Sign Ordinance is 300 square feet. The height of the proposed sign is also in conflict with the Sign Ordinance. Recommendation: Staff recommends approval of the theater marquee sign and requests guidance regarding the sign size and height issues. Source of Fund · Bonds (GOI v.) Operating dget e Other Finance Review Acct. Number Sufficient Funds Available R¢ ad Signature City Manager CITY COUNCIL ACTION ITEM , Finance Director Page 1 of I I I I I I I I I I I I I·~ · 1;~Jli ~ I -:1 I:; f,ijí Ii i ..~~ l , '. .iEu , I I : ;..J:.'5 II . . I I I¡ · . i ':-1 i - I l · :.:t': .Š · " ~ - Þ I II · po · - .- !" ¡ '~TE~ .---- ~ -J!'~~Þf!t yo ~ -- -i Õ t. ---- . ~;"¡":"I:' m- L~1r:rl·~~=::::C';' ~':;;~:~:::'~I~~~I¡ J.;~.._;.. ·1vOrth q[¡(fS Q;i(fanv !' ~; ~~. ... architects planners . ~ \:; (J " ~ ! .. 1360U ......... (""'''. ...,"" '""44·..."·"""71000' . BUR K CO L LI NS IN VE S T MEN T5 III i 1 :'-"';ì':y,~ ~.w.'t~&~·:'';=::·'t'.:';·,,,:·":·'·~.;;;- ::'~.f':'!~~~ ~~ J -...-. ---- ..---- ~------_.- . I _.. ~'~.........___.-= ,. .... .... .."....... . ....'........""....~_... "'t. 'I'.... ....~--' ... ~,.,. ',' " lA'It,. '_..~ ....,-..--.. ....JV t=:~5¡. WJl] 1:1 ~ t- .__.._.~ ~ ~©~@~ t:,·: -~~. . ... ~tm LTIlñù ~~(ill~ lj:~~:~è~ .:~~~~ l~~~~~~;~~~_:~!~~~~=1~~~i1~ªT;~~~~~~~. I I Ie ~ I. e>' t I ! i ~~'·bM J1 ~_4" 1 I 1 I I I Ie I. I ~rgy¡wJ~~ I I 1 2 3 4 5 8 7 8 I ,;.. ..... ~ ~..~..~. - - .,,.', I I t' :¿I.b-r ¡ 1- . -- k··· , ¡. '...:"-' --~--:- ~ '. ' . :~ :- - ' - . ,.. -.' .. ....-a;..~ ~oJ~ ...: CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 8/28/87 Subject: Increase of Hotel/Motel Occupancy Tax Rate - Ordinance No. 1498 Agenda Number: GN 87-93 The proposed 1987-88 Operating Budget includes a proposed increase in, the Hotel/Motel Occupancy Tax from the current rate of 4% to 7%. A survey of other cities in Dallas and Tarrant Counties indicates that of the 20 cities included there are three cities at 4%, five cities at 5%, one at 6% and a majority (11) at 7% (see attachment 1). It is believed that the additional funding that such increase will provide will accrue to the benefit of the motels in North Richland Hills because of the anticipated increased activity generated by the new Economic Development Director. A strong emphasis will be placed on developing a stronger commercial and industrial base by attracting new businesses to this area. Recommendation It is recommended that Ordinance No. 1498 be adopted, increasing the Hotel/Motel Occupancy Tax in North Richland Hills to 7%, effective October 1, 1987. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ '7J1~. ~~ Department Head Signature CITY COUNCIL ACTION ITEM . Finance Director ..... City Manager Page 1 of 1 I' I I 1 I I I 1 I I I I I I I I I I I ORDINANCE NO. 1498 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. There is hereby levied a tax upon the cost of occupancy of any sleeping room furnished by a hotel (when the cost of occupancy is more than $2.00 per day). The tax hereby levied and assessed is 7% of the consideration paid by the occupant of the sleeping room of the hotel. 2. The definition of hotel is that definition given in Article 1269j-4.1, Vernon Revised Civil Statutes of Texas, being Section 156.001 of the State Taxation Code. 3. The monies shall be collected by each hotel and shall be paid to this City on a quarterly basis on the last day of January, April, July, and October of each year. The first payment under this rate shall come due on the last of January, 1988. 4. The monies collected by the City shall be placed in a special fund and shall be used only for those purposed authorized by the statutes of this state governing such matters. 5. The rates established by this ordinance shall be in full force and effect on and after October 1, 1987. The rates established by Ordinance No. 774 shall remain in effect until October 1, 1987. PASSED AND APPROVED this 28th day of September, 1987. Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City CITY OF NORTH RICHLAND HILLS Planning and Development _epartment: Subject: Proposed Closing of Fountain Street between Venice Street and Dawn Drive 9/28/87 Council Meeting Date: Agenda Number: GN 87-94 In July, 1987 the Planning and Zoning Commission was presented with a petition by citizens with property adjacent to Fountain Street between Dawn Drive and Venice Street requesting that the one block of the street be closed. Their intent was to prevent cross traffic between the two streets. In the deliberations by the Commission Staff comments indicating that the proposed closing would present no operational difficulties were presented. Based upon these comments and the request of the applicants the Commission recommended that the street should be closed. At the direction of the City Council and with the advice of the City Attorney the Staff has proceeded with the processes dictated by current State Law in order to vacate a public street. These processes first require that the City Council hold a public hearing to consider the proposed street closing and if the determination is made that the street should be closed then the property in the street is to be appraised and offered for sale in open bidding. The City may not divest itself of public right of way without subscribing to this process since it is required that any property released by the City must be paid for by the prospective purchaser at fair market value. The Staff has made contact with the applicants in this request and have made them aware of these requirements. Subsequently, the applicants determined that they did not wish to proceed with application and have asked that their request be withdrawn. Also the Staff, specifically the Fire Department, Police Department and the Public Works Department have reviewed their positions on the proposed closing and are in agreement that the street should not be closed. Since the request to close the street is on record in the City Council minutes, it is believed that formal action should be taken denying the request, despite the fact that the request has been'withdrawn. RECOMMENDATION: ! Based upon the applicant's withdrawal of their request and the current comments of the Staff it is recommended that the City not proceed with the vacation of Fountain Street between Venice Street and Dawn Drive. Finance Review Source of Funds: Bonds (GO/Rev.) . Op ting Budget er Acct. Number Sufficient Funds Available (( 11/ ?1~ Head Signature City Manager CITY COUNCIL ACTION ITEM t Finance Director Page 1 of 1 I Ie 1 I" IV, ,,, ~ u." ·s' ,..- \~ J '11" "0 ' " '" " .' 't ' :~ \4 1'27' " -., " 9 J. Q J\. o I !"J -"0 f 1 '" ....! to IS .... 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'),1 ,. ~ 3f 1~2."~ .11 :- ; :,.. 30 ); I ~ , '" ",!, .." ~ ~. .19 ~ ... f" t ~4 .;, ; .~ .g lS ~ _4' , "\ G .. 25 ~ " ~ " ~~ .'~ ;!/ø' ~ '^ ~ o ~ 2' J!iI., ~ ONr'X ) 1. ø~ '0 ~ '-.. 5 ::: . :) þ: '1 ""- Iå ,... !.. I 38.4- 81 IrA ~ ) " III 'R,c...14 LAND I . I 0- ,,",0 9'0 I ¿4.-f~ ....... t'ft 2 ~" '" '.". .. \ ' l.ø '.,¡ o~ .. I" 1 <\,: » .., ,.., .~8, ~ é ~ .,. #' ~ ctJ ,0 ," t I .... W 1. , I .~ , 70 ~\'-; 70 7t1 'Z,..q 04-,2. ~ '" .... .. ~, \ ...... ~ :¡. : J t3~ " .'" ~. ; -- ..~ h o "'" ~ 'I~ ~ - .~ J ~4 _ 7~ ~,. 12. R. I ;>_.tI. "t ~ lit V ~ J~ ~ " .,' 't ~e j .00 1 I. ,(//14f .. . "'L D 2... 5. ,. '0 , 0"" "0 [I ~ 4- t). - 3 ~ ~I I N J ð 4a. sa (p"" T ... Þ '-AzA 't ~~ v~ ç ~<;) '-''"'M ~G v. 6Þt:;'O, . . I' Ie I I I I I I I {' I I I I I I Ie~ ~ //}&A -. ~h~ ~~/.- ~ .. I 36/1 S~þ~ IJ4Ø~~~V/V September 3, 1987 To the Planning and Development Committee and City Council of North Richland Hills, Texas. Due to the revelation of the legal technicalities and land purchase involvement that would occur in the closing of Fountain Street, we the undersigned do hereby withdraw our partition. We appreciate the cooperation and consider- ation you have extended. 3t,~ 9 VEÑÍ(,"~ / ~ :3 '7 0 ~ .,ð.;t,. ¥;t-~~J 7)(7¿111 i . II'~ Ie I I I I I I I ~ I I I I I I ~ I I ( ( JUNE24,1987 We the undersigned hereby petition the City Council of North Richland Hills, Texas for the closing of (1) one block of Fountain Street to protect the property and safety of the residence of Venice and Dawn streets. We feel a permanent barricade and possibly a high fence should be erected (North & South), between properties of Venice and Dawn. This one block of Fountain Street has served as an escape for numerous burglaries, an attempted murder, and an attempted rape. All of these involved (3) three residences on Venice and have occurred within the past 6 months. Although a crime watch was established by the (2) two blocks of residents on Venice Street last year, our crime rate has greatly increased. I'~ ~ I I I I I I I rP I I I I I I ~ I I ...._.,. ....~ - r. ( ~ ,ugust 10, 1987 Page 2 Sign Ordinance. Councilwoman Moody stated the cover sheet was sent out wrong and she felt the City owed them the courtesy to reconsider it at next Council meeting. Councilwoman Moody moved, seconded by Councilman Garvin, request of Fifth Avenue Dinettes at the August 24, 1987 Motion carried 6-0. REMOVAL OF ITEM(S) Councilwoman Moody removed Item N No. 14 from the Consent Agenda 12 and a citizen removed Item 6. AGENDA ITEM(S) INDICATED BY ASTERISK (9, 10, & 15) APPROVED ,þ"".. '. o ~, ' .~~;' ,> . '.. Mayor P Tern Fisher moved, seconded by Councilwoman Moody, to approve the Con t Agenda. 7. GN 87-74 AUTHORIZATION TO PROCEED WITH THE CLOSING OF FOUNTAIN STREET BETWEEN VENICE STREET AND DAWN DRIVE APPROVED Councilman Davis moved, seconded by Councilwoman Hinkle, to set the public hearing for September 28, 1987. Motion carri~d 6-0. -..-..-.... ....--...:- ~-..-- '-'-"'''''' -- 8. . GN 87-75 WATAUGA ROAD REALIGNMENT & STREET VACATION APPROVED Councilman Davis moved, seconded by Councilwoman Hinkle, hearing for September 28, 1987. Motion carried 6-0. 9. GN 87-76 CERTIFI ON OF PROPERTY TAX COLLECTION ULY 1, 1987 'THRU JULY 30, 1988 APPROVED *10. GN 87-77 'CHARTER AMENDMENT ELECTION, ORDINANCE NO. 1476 APPROVED " . ...... :... ..,. I Ie I I I I I I I f I I I I I I ~ I I Page 2 P & Z Minutes July 9, 1987 ( ( 3. PS 87-26 Request of the City Hills for re of Lot Smi Addition. Mr. Wood made the motion to approve PS 87-26. This .motion was seconded by Mr. Schwinger and the motion carried 3-0. 4. PS 87-27 Request closing of Fountain Street between Venice Street and Dawn Drive. Chairman Bowen called for anyone wishing to speak regarding this to please come forward. Bonnie Armstrong, 3625 Venice, came forward. She stated they had several robberies and assaults in their neighborhood and they use this street for their get-away back to the park. Ms. Armstrong said Fountain Street serves no useful purpose; no houses ·face this street. She said she had submitted a petition with signatures of the property owners who have side entry garages on Fountain Street. PS 87-27 APPROVED Mr. Schwinger made the motion to approve the closing of Fountain street and send it on to the City Council. This motion was seconded by Mr. Wood and the motion carried 3-0. Chairman Bowen asked when this would be heard by the City Council. Mr. Royston stated he was not sure. He said he must meet with the City Attorney regarding this matter. Mr. Royston said Ms. Armstrong would be notified of the date of the council meeting. ADJOURNMENT The meeting adjourned at 7:40 P. M. Chairman Planning & Zoning Commission Secretary Planning & Zoning Commission I" .. Ie I I I I I I I , I I I I I I f/.!. E/lS c t1/~ / II-}' ¿Jl1e/1/ lh/ S ~ eO/-1£:; ðe;-o£c //Je {/ot.//L/(!/ I. I ßO/tJ/t/1 E AttØJ ~r~tJµI C 3~ d-.r;- 1/ E AI Ic!-E I FT¿~ð/\, If, IE x ?c'/?ð Ph S9~- d6~ ( ( DO DODD 3700 VEl) IC E A~t:.'~ ~ 1t~=:¿" ('J C'J ¿~ e"J / l?)é.' t 6. .' o¿. . ~c=-;c- J-:rï[ I.~Ç ¿I 2. 0'2 I n I/Vy ~ DK,0' ') !~D 0 ~ ~ ~J. ~ J ~ Ii "- ..iI.. 1 _ ~..~' hl~~~ 'n ÇJ I j-~. DPJi; 0 ~ "It, '';, I . -/ ~ 5 ~ [ :~~I~__. 8/0 t!.,( 3'0 0 .J~ Ou .8 (I) \! t( ~I ~ II \J Ii ! <\) t. L; 1 DA lJJ AI -r-- _.~ ' ~ff.{^ I~O E ..... CITY OF NORTH RICHLAND HILLS Finance Investment Policies Council Meeting Date: Agenda Number: GN 87-95 9/28/87 The Public Funds Investment Act of 1987, as adopted by the State Legislature, requires that the City adopt written policies regarding the investment of funds. The attached proposed Investment Policies address liquidity, diversification, safety of principal, yield, maturity and quality and capability of investment management as is required. There is no change from current unwritten investment practices that have been followed for the past several years. Recommendation , It is the staff's recommendation that the attached proposed Investment Policies be adopted effective September 28, 1987. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Acct. Number Sufficien unds Available ~ , Finance Director I I 4 7ll~.y~- Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of I Ie I I I I I I I it I I I I I I Ie I I CITY OF NORTH RICHLAND HILLS INVESTMENT POLICIES SEPTEMBER 28, 1987 I. Introduction The City of North Richland Hills shall manage and invest its cash with three objectives, listed in order or priority: Safety, liquidity, and yield. The safety of the principal invested always remains the primary objective. Cash management is defined as the process of managing monies in order to ensure maximum cash availability and maximum yield on short-term investment of idle cash. It is concerned with what happens between the point that revenue is earned and expense payment clears the bank. The City shall maintain a comprehensive cash management program which includes collection of accounts receivable, vendor payment in accordance with invoice terms, and prudent investment of its available cash. // The Public Funds Investment Act of 1987, Section 5, prescribes that each city is to adopt rules governing its investment practices. The "Investment Policies" are intended to fulfill the requirements of this State law. II. Responsibility The Finance Director is the City's investment officer and is responsible for the City's comprehensive cash management program, including the administration of the Investment Policies. The Finance Director is responsible for considering the quality and capability of staff involved in investment management and procedures. The Finance Director shall be responsible for authorizing investments and the Assistant Finance Director and Special Projects Accountant shall participate in properly accounting for investment and pledged collateral in order to maintain appropri~te internal controls. 't ' III. Investment Committee An Investment Committee consisting of the Director of Finance, Assistant Finance Director, Special Projects Accountant, and Staff Accountant shall meet as frequently as necessary to review the City's investment portfolio. The Committee shall also meet as necessary to add or delete a financial institution or broker /dealer from the list of institutions with whom the City may do business or to conduct other business. Any two of the four Investment Committee members constitute a quorum. The Finance Director shall serve as Chairman of ~he Committee, and written record of Investment Committee meetings shall be maintained. -1- I Ie I I I I I I I tþ I I I I I I Ie I I IV. Authorized Investments The City may invest in: o u.s. Treasury bills U.S. Treasury notes and bonds Government National Mortgage Association (Ginnie Mae or GNMA) fully modified pass through mortgage-backed securities Repurchase agreements whose underlying collateral consists of the foregoing with remaining maturity of three years or less Shares in a Texas Local Government Investment Pool (LGIP) investing only in securities authorized by State law, subject to the City attorney's written approval for the City to invest in the LGIP State, City, County, school or road district general obligation or revenue bonds (out-of-state bonds shall only be general obligation bonds) with a remaining maturity of three years or less which have received a rating from Moody's or Standard and Poor's of at least A In the case of bond proceeds, common trust funds of banks domiciled in Texas whose assets consist exclusively of the above Collateralized certificates of deposit and other evidences of deposit at Federally insured banks in the State of Texas o o o o o o o The investment maturity schedule shall correspond with the City's projected cash flow needs. Remaining maturities on inv.estments purchased shall be no longer than 3 years, except in the case of revenue bond reserve accounts which may be invested for longer terms with specific City Council approval. Investments shall be diversified to reduce the risk of loss resulting from over-concentration of investments in a specific maturity, a specific issue, or a specific class of securities. Investments in out-of-state bonds shall be limited to no more than twenty percent (20%) of the City's investment portfolio. ~ V. Qualifying Institutiohs Financial institutions (Federally insured banks) with and through whom the City invests shall be located in the State of Texas. Broker/dealers through whom the City purchases U.S. government securities may include only those dealers reporting to the Market Reports Division of the Federal Reserve Bank of New York, also known as the "primary government securities dealers." A current list of these dealers is included in Appendix A. This list may be revised as the reporting dealers change. The City shall evaluate the financial instit~tion' and broker/dealers' soundness to the extent the 'Investment Committee considers necessary. Investigation may include review of rating agency reports, review of call reports, and analysis of management, profitability, capitalization, and asset quality. Financial institutions and broker/dealers with whom the City wishes to do business shall provide the financial data requested by the City. -2- I Ia I I I I I I I " I I I I I I ~ I I The Investment Committee shall review the information and decide on the soundness of a financial institution or broker/dealer before adding the institution to the list of those with whom the City does business. An institution must be approved by the Investment Committee and added to the approved list before any business can be transacted with the City. VI. Safekeeping Investments in U.S. Treasury obligations and GNMAs purchased by the City and securities pledged as collateral for certificates of deposit or other evidences of deposit and for repurchase agreements shall be retained in safekeeping in a third party safekeeping bank or in the Federal Reserve Bank. The City, financial institution, and the safekeeping bank(s) shall operate in accordance with a master safekeeping agreement signed by all three parties. The City shall always hold the original safekeeping receipt for its investments and for pledged collateral. One of the City's designated investment officers must approve release of collateral prior to its removal from the safekeeping account. Securities owned by the City and collateral securities pledged to the City which must be maintained in safekeeping must be maintained at a bank other than the bank~hrough which the specific owned security is purchased or from which the specific collateral security is pledged. VII. Collateral Securities for Certificates of Deposit and Demand Accounts The City will accept as collateral for its certificates of deposit and demand accounts the following securities: o FDIC coverage U.S. Treasury bill~ U.S. Treasury notes and bonds - State, city, county, school, or road district general obligation or revenue bonds with the remaining maturity of twenty years or less*, except that out-of-state bonds shall be limited to general obligation bonds City of North Richland Hills revenue bonds or general obligation bonds, time warrants, and certificates of obligation* Government National Mortgage Association (GNMA or Ginnie Mae) fully modified pass through mortgage securities o o o o o * The securities must have received a rating of at least A by Moody's or Standard and Poor's. Collateral consisting of out-of-state bonds shall be limited to twenty 'percent (20%) of the total collateral pledged by a financial institution. -3- I Ie I I I I I I I t' I I I I I I ~ I I The above listed items constitute the only acceptable means of collateralizing the City's deposits. Collateral securities may be owned outright by the pledging financial institution or may be borrowed pursuant to a contractual agreement. The loaned securities must be held in safekeeping by the Federal Reserve Bank of Dallas pursuant to a safekeeping agreement signed by the financial institution and the City. Certificates of deposit and other evidences of deposit shall be collateralized according to the schedule included in Appendix B. Collateral shall be audited at least annually by the City's independent accountants and may be audited by the City at any time during normal business hours of the safekeeping bank. The financial institutions with whom the City invests and/or maintains other deposits shall provide monthly, and as requested by the City, a listing of the City's certificates of deposit and other deposits at the institution and a listing of the collateral pledged to the City marked to current market prices. The listing shall include total pledged securities itemized by: Names Type/description Par value Current market value Maturity date Moody's or Standard & Poor's rating (both if available) The City and the financial institution shall assume responsibility for ensuring that collateral is sufficient. VIII. Investment Practice - General All investment decisions ~shall be internally documented and approved before execution by any two of th~ Irivestment~Committee Members. Any of the above may order investments orally, but shall follow up the investment order with a written confirmation to the financial institution or broker/dealer. Investments in FDIC insured certificates of deposit with bank holding companies may be held in book-entry form by the holding company banks in which the City has invested funds. Oral confirmation of the investment transaction must be followed up in writing with original safekeeping receipts. The City shall take physical possession of certificates of deposit in individual banks at the time funds are released for the investment. All investment purchased by the City and held in safekeeping in a third party safekeeping institution shall be purchased "delivery versus payment." That is, the City shall authorize the release of its funds only after it has received notification from the safekeeping bank that purchased security has been received in the City's safekeeping account. This notification may be oral, but will be followed up in writing with the original safekeeping receipt. -4- I Ie I I I I I I I ~ I I I I I I ~ I I The City must have confirmation from its safekeeping bank that collateral pledged from a financial institution is in the City's account before investing in certificates of deposit or other evidences of deposit at the financial institution. This confirmation may be oral, but must be followed up in writing with the original safekeeping receipt. Competitive quotations shall always be taken for certificates of deposit and shall be taken for U.S. Treasury security investments as considered prudent by the Investment Committee. In the case that the City intends to invest bond proceeds in money market funds or common trust funds of banks, competitive quotations shall be taken from at least three banks domiciled in Texas. IX. Investment Practice-Repurchase Agreements The Government Finance Officers Association in a 1982 policy statement regarding repurchase agreements said: The sale by a bank or dealer of a government security with a simultaneous agreement to repurchase the security on a later date can ensure safety of public funds while securing money market rates of interest. The Government Finance Officers Association affirms that repurchase agreements are an integral part of an investment program of state and local governments. Furthermore, public finance officers are encouraged to develop policies and procedures which provide that appropriate safekeeping measures are taken to ensure the safety of such investments. The three key elements of the City's repurchase agreement investment contracts shall be: 1) The City's security interest in the underlying security must be perfected. This is, tbe City repurchase agreements, like other City investments, will be acqhired "delivery versus payment." 2) The security underlying the repurchase agreement shall be a U.S. Treasury bill, note, bond, Government National Mortgage Association fully modified pass through mortgage-backed security. 3) The market value of the securities shall exceed the amount of money committed by the City and shall be "marked to market" at least weekly by the dealer or financial institution with whom the repurchase agreement contract is negotiated. x. Reporting The Finance Director shall reþort annually to the City Council on the City's investments within 90 days of the end of the calendar year. The annual report shall include a review of the activities and ·return of the twelve months. -5- I -. I I I I I I I , I I I I I I '- I I XI. Indemnity The Finance Director, Assistant Finance Director, other Finance Department employees, and the Investment Committee shall be personally indemnified in the event of investment loss provided the Investment Policies are followed. XII. Policy Revisions The policies may be amended by recommendation of the City Manager, the Investment Committee and action of the City Council. Investment Policy revisions may become necessary with changes in State law, City needs, the economy, and investment opportunities. -6- I. I I I I I I I ~ I I I I I I ~ I I APPENDIX A LIST OF THE GOVERNMENT SECURITIES DEALERS REPORTING TO THE MARKET REPORTS DIVISION OF THE FEDERAL RESERVE BANK OF NEW YORK Bank of America, NT & SA Bankers Trust Company Bear, Stearns & Co. Briggs, Schaedle & Co., Inc. Carroll McEntee & McGinley Incorporated Chase Manhattan Government Securities, Inc. Chemical Bank Citibank, N.A. Continental Illinois National Bank and Trust Company of Chicago Crocker National Bank Discount Corporation of New York Donaldson, Lufkin & Jenrette Securities Corporation Drexel Burnham Lambert Government Securities, Inc. The First Boston Corporation First'Interstate Bank of California First National Bank of Chicago Goldman, Sachs & Co. Greenwich Capital Markets, Inc. Harris Trust and Savings Bank E.F. Hutton & Company, Inc. Kidder, Peabody & Co., Incorporated Kleinwort Benson Government Securities, Inc. Aubrey G. Lanston & Co., Inc. Lehman Government Securities, Inc. Manufacturers Hanover Trust Company Merrill Lynch Government Securities, Inc. Morgan Guaranty Trust Company of New York Morgan Stanley & Co. Incorporated The Northern Trust Company Paine Webber Incorporated Wm. E. Pollock Government Securities, Inc. Prudential-Bache Securities, Inc. Refco Partners Salomon Brothers, Inc. Smith Barney Government Securities, Inc. Dean Witter Reynolds, Inc. L.F. Rothschild Unterberg, Tomlin, Thomson, McKinnon Securities, Inc. Security Pacific National Bank I" I. I I I I I I I ,. I I I I I I -. I I APPENDIX B Collateralization Ratios to be Used in a Monthly Mark-to-Market Program The following percentages constitute the minimum market value for collateral instruments (and accumulated interest thereon) that are pledged for City of North Richland Hills Certificates of Deposit and demand accounts under a program in which collateral is revalued and adjusted at least monthly. FORMS OF COLLATERAL PLEDGED COLLATERAL RATIO (market value divided by deposit plus accrued interest) ================================================================================ 1. U.S. Treasury Bills and Treasury Notes/Bonds a. maturing within one year 102% b. maturing in 1-5 years 105% c. maturing in more than 5 years 107% d. zero-coupon Treasury securities (STRIPS, etc.) with maturities exceeding 10 years 110% 2. GNMA mortgage backed fully modified pass-through securities 102% 3. Municipal bonds a. General obligation bonds issued in same state (1) (1) maturing in less than 1 year 102% (2) maturing in 1-5 years 105% (3) maturing in more than 5 years 107% b. Revenue bonds (2) (1) maturing in less than 1 year 102% (2) maturing in 1-5 years 105% (3) maturing in more than 5 years 107% NOTES: (1) General obligation bonds issued in other state shall be collateralized at higher levels unless their credit rating are the highest grades (AAA or AA) . (2) Lower rated revenue bonds (A) shall be collatralized at the higher ratios. Indust~ial development revenues bonds are not acceptable. I CITY OF NORTH RICHLAND HILLS Finance 9/28/87 Council Meeting Date: ubject: Repayment of Prior Year's Franchise Taxes From Utility Fund to General Fund Agenda Number: GN 87-96 Based on the General Fund Fee Analysis, dated July 31, 1987, performed by Lewis F McLain, Jr., Administrative & Fiscal Consulting Services, Inc., the Utility Fund should transfer a franchise fee in the amount equal to 2% of gross sales to the General Fund. The transfer should be made retroactively from the last rate increase. According to the' study performed, the rates charged Watauga customers includes an adequate amount to pay the City of Watauga a 2% franchise tax on gross sales. Since the water and sewer rates charged to City of North Richland Hills customers are the same, the franchise tax built into the rate structure should be transferred to the General Fund. The following table summarizes Utility Sales since 1982-83 which was the first full year following the last rate increase: Utility 2% Amount Paid Year Gross Sales Franchise Tax To Watauga ------ ----------- ------------- ----------- 1982-83 $5,849,282* $116,986 $26,514 1983-84 7,014,907* 140,298 31,504 1984-85 7,693,569* 153,871 37,815 1985-86 8,274,694* 165,494 41,300 1986-87 8,422,330** 168,447 39,824 ------------ ------------~ ----------- TOTAL $37,254,782 $745,096 $176,957 Amoun t Due NRH ---------- $90,472 108,794 116,056 124,194 128,623 ---------- $568,139 * Based on appropriate Audited Financial Report.' ** Based on projected 'sales. Recommendation: The staff recommends the following: 1) The 2% franchise tax be approved to be applied retroactively effective October 1, 1982. 2) The amount of $568,139 be transferred to the General Fund. Finance Review Source of Funds: Bonds (GO/Rev.)' Operating Budget Other /::' . ~ 771~~ Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number SU~C~dS Available , Finance Director City Manager Page 1 of I CITY OF NORTH RICHLAND HILLS Finance 9/28/87 Council Meeting Date: Bank Wire Transfers Contracts Resolution Resolut1ons ~7-25, B7-2ó & B/-2/ GN 87-97 Agenda Number: City of North Richland Hills is required from time to time to make wire transfers for investments, insurance, contractor pay estimates and bond payment purposes. Our new bank depository contract requires specific people to be designated in order to make the necessary transfers. The City's depository bank and investment banks (Bank of North Texas, First Republic and Texas Commerce Bank) request the attached resolutions be formally approved by Council action. Recommendations ~ i _ It is recommended that Resolutions 87-25, 87-26, and 87-27 be approved, thereby approving the wire transfer contracts with Bank of North Texas, First Republic Richland and Texas Commerce Bank-Hurst and authorizing Lee Maness, Jim Cook, Debbie Scott and Donna Heishman to make necessary transfers, limited to amounts specified in the attached contracts. Finance Review Source of Funds: Bonds (GO/Rev.) . Operating Budget Other ~ -., . / ~~.~~ Department Head Signature CITY COUNCIL ACTION ITEM Acct. Number SUffizndS Available ~~ JfI1~ City Manager , Finance Director Page 1 of 1 I Ie I I I I I I I . I I I I I I -. I I RESOLUTION NO. 87-25 WHEREAS, from time to time, the City of North Richland Hills verbally requests First RepublicBank Richland, N.A. (the "Bank") to transfer funds to other banks or to other accounts at the Bank for credit to persons designed by the City of North Richland Hills in amounts not to exceed the collected balance on deposit with the Bank, in a matter which makes it inconvenient or impossible to execute prior written authorization, instructions or releases otherwise required by the Bank so that the Bank requests for the transfer of funds. NOW, THEREFORE, BE IT RESOLVED, that the officers of the City of North Richland Hills, listed below are hereby authorized to enter into and perform the Agreement attached hereto as Exhibit "A" on behalf of the City of North Richland Hills with the Bank providing for requests for the transmission of funds belonging to the City of North Richland Hills upon the terms and conditions set forth in said Agreement, and to appoint such persons who may request such transfers on behalf of the City of North Richland Hills in accordance with such Agreement. The authority conferred herein may be exercised singly by any of such officers and shall continue in full force and effect until written notice of revocation shall be received by the Bank. Director of Finance TITLE (Authorized Signature) Asst. Director of Finance TITLE (Authorized Signature) Special Projects Accountant TITLE (Authorized Signature) Staff Accountant TITLE (Authorized Signature) Passed and approved this 28th day of September, 1987. Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney I Ie I I I I I I I -- I I I I I I -. I I RESOLUTION NO. 87-26 WHEREAS, from time to time, the City of North Richland Hills verbally requests Texas Connnerce Bank-Hurst, N.A. (the "Bank") to transfer funds to other banks or to other accounts at the Bank for credit to persons designed by the City of North Richland Hills in amounts not to exceed the collected balance on deposit with the Bank, in a matter which makes it inconvenient or impossible to execute prior written authorization, instructions or releases otherwise required by the Bank so that the Bank requests for the transfer of funds. NOW, THEREFORE, BE IT RESOLVED, that the officers of the City of North Richland Hills, listed below are hereby authorized to enter into and perform the Agreement attached hereto as Exhibit "A" on behalf of the City of North Richland Hills with the Bank providing for requests for the transmission of funds belonging to the City of North Richland Hills upon the terms and conditions set forth in said Agreement, and to appoint such persons who may request such transfers on behalf of the City of North Richland Hills in accordance with such Agreement. The authority conferred herein may be exercised singly by any of such officers and shall continue in full force and effect until written notice of revocation shall be received by the Bank. Director of Finance TITLE (Authorized Signature) Asst. Director of Finance TITLE (Authorized Signature) Special Projects Accountant TITLE (Authorized Signature) Staff Accountant TITLE (Authorized Signature) Passed and approved this 28th day of September, 1987. Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney I Ie I I I I I I I . I I I I I I -. I I RESOLUTION NO. 87-27 WHEREAS, from time to time, the City of North Richland Hills verbally requests Bank of North Texas, N.A. (the "Bank") to transfer funds to other banks or to other accounts at the Bank for credit to persons designed by the City of North Richland Hills in amounts not to exceed the collected balance on deposit with the Bank, in a matter which makes it inconvenient or impossible to execute prior written authorization, instructions or releases otherwise required by the Bank so that the Bank requests for the transfer of funds. NOW, THEREFORE, BE IT RESOLVED, that the officers of the City of North Richland Hills, listed below are hereby authorized to enter into and perform the Agreement attached hereto as Exhibit "A" on behalf of the City of North Richland Hills with the Bank providing for requests for the transmission of funds belonging to the City of North Richland Hills upon the terms and conditions set forth 'in said Agreement, and to appoint such persons who may request such transfers on behalf of the City of North Richland Hills in accordance with such Agreement. The authority conferred herein may be exercised singly by any of such officers and shall continue in full force and effect until written notice of revocation shall be received by the Bank. Director of Finance TITLE (Authorized Signature) Asst. Director of Finance TITLE (Authorized Signature) Special Projects Accountant TITLE (Authorized Signature) Staff Accountant TITLE (Authorized Signature) Passed and approved this 28th day of September, 1987. Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney CITY OF NORTH RICHLAND HILLS Finance 9/28/87 Council Meeting Date: ubject: Resolution 87-23, Certified Tax Roll Agenda Number: GN 87-98 The "Truth-in-Taxation" of Chapter 26 of Texas Property Tax Code requires that the Chief Appraiser of the taxing district supply each taxing unit within that county with certified totals of all appraisal values within that tax unit. Mr William Roberts, Chief Appraiser of Tarrant Appraisal District, has submitted totals of appraised values to the City of North Richland Hills for our review. A comparative analysis of these September 24th certified numbers to those previously presented to City Council is as follows: Per Workshop Budget Per Tax Roll Received Difference Taxable Value $1,538,803,405 $1,526,869,521 ($11,933,884) The difference is due primarily to the value of properties currently under protest to the Appraisal Review Board. That amount is $9,911,485. The remaining $2,022,399 is taxable value lost due to appeals being granted by the ARB from July 15, 1987 to September 24. That amount equates to approximately $8,400 in actual tax dollars lost to the General Fund. The budget as tentatively approved anticipates a three percent rate of noncollection of property taxes, or approximately $190,000. Since the certified tax roll amount will continue to be .adjusted by Tarrant Appraisal District throughout next year, the amount to be collected can never be fixed absolutely. Therefore, we recommend that the three percent delinquency estimate be reduced to approximately $182,200 or 2.92 percentage so that an absolute number canlbe ,establisIted as of October 1, 1987. I ' Recommendation It is the recommendation that the Council accept the Net Taxable Value of $1,526,869,521, and revise the estimated delinquency rate to 2.92%. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other ~ ~ ~ ~_.... .-/ Department Head Signature CITY COUNCIL ACTION ITEM xx Acct. Number N/A ~~ndS Available Æ~-- City Manager . Finance Director Page 1 of 1 I Ie I I I I I I I -- I I I I I I I RESOLUTION NO. 87-23 WHEREAS, the City Council of this City received the Ad Valorem Tax Rolls for the year 1987 from Tarrant Appraisal District in the amount of net taxable value of $1,526,869,521 plus value of properties pending disposition before the Appraisal Review Board; and WHEREAS, the City Council studied said Tax Rolls and approved same on September 28, 1987. NOW, THEREFORE, be it resolved by the City Council of the City of North Richland Hills, Texas, that: 1. The approval of said Tax Rolls received from Tarrant Appraisal District in September, 1987, be and is hereby ratified and said Tax Rolls shall collectively be considered the Tax Roll of this City for 1987 and it is hereby in all things adopted and approved. Passed an approved the 28th day of September, 1987. Dan Echols - Mayor ATTEST: Jeanette Rewis - City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney """ CITY OF NORTH RICHLAND HILLS Finance 9/28/87 ubject: Resolution 87-24, Granting Exemptions for Fiscal Year 1987/88 Council Meeting Date: Agenda Number: GN 87-99 Attached is the resolution granting Homestead, Over/65 and Disabled Citizens exemptions for Budget Year 1987/88. The proposed Homestead Exemption is 15% or a minimum of $5,000 for owner occupied residential property which provides an additional 5% of tax relief to owners of residential homesteads. The Over/65 and Disabled Citizens is unchanged from previous years. Recommendation It is recommended that Resolution 87-24 be adopted. Finance Review Source of Funds: Bonds (GO/Rev.) , Operating Budget Other ~ ~ . Finance Director ~ /7l~.t ~~ Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of 1 I Ie I I I I I I I . I I I ,I I I -. I I RESOLUTION NO. 87-24 BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1. There shall be exempt from the City Ad Valorem Taxes for the year 1987, fifteen per cent (15%) (with a minimum of $5,000) of the assessed value of residental homestead within the City which is occupied by the owner as his homestead. 2. Persons over the age of 65 years, claiming an exemption pursuant to Ordinance No. 676 shall have a $25,000.00 exemption from the assessed value of a residential homestead. A person who is disabled within the meaning of Section 11.13 (m) of the Property Tax Code of the State of Texas, as of January 1st of each year shall be entitled to $25,000.00 exemption from the assessed value of property owned by such disabled persons and used exclusively for homestead purposes by such disabled persons. No person may claim both the "over 65" exemption and the "disability" exemption and no homestead shall be subjected to both the "over 65" exemption and the "disability" exemption. 3. Persons claiming the exemptions must comply with the City Ordinances and Texas Property Tax Code. PASSED AND APPROVED this 28th day of September, 1987. ATTEST: Dan Echols - Mayor Jeanette Rewis - City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney CITY OF NORTH RICHLAND HILLS Finance ubject: Ordinance 1493, Setting Tax Rate tor ¥1scal Year 1~~11~~ Council Meeting Date: Agenda Number: GN 87-100 9/28/87 The attached ordinance sets the Tax Rate at 41.3¢ per $100 valuation for Budget Year 1987-88. Recommendation Approve Ordinance 1493. Source of Funds: Bonds (GO/Rev.)· Operating Budget Oth~ 4 ~ ///~<~~ Department Head Signature CITY COUNCIL ACTION ITEM -xx Finance Review Acct. Number N/A ~ffendS Available . Finance Director City Manager Page 1 of I. ie I I I I I I I . I I I I I I ~. I I ORDINANCE NO. 1493 AN ORDINANCE LEVYING A TAX RATE FOR THE CITY OF NORTH RICHLAND HILLS, TEXAS FOR THE 1987 BE IS ORDAINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS THAT: We, the City Council of the City of North Richland Hills do hereby levy or adopt the tax rate on $100 valuation for this City for tax year 1987 as follows: $ 19.64¢ for the purposes of maintenance and operation. $ 21.66¢ for the payment of principal and interest on debt of this City. $ 41.30¢ Total tax rate. The tax assessor-collector is hereby authorized to assess and collect the taxes of the City of North Richland Hills on this 28th day of September, 1987. 1. That there is hereby levied and shall be collected as provided by law an ad valorem tax for the year 1987 on all property, real and personal, except such property as may be exempt from taxation by Constitution and the statutes of the State of Texas, and ordinances and resolutions of the City of North Richland Hills situated within the corporate limits of the City of North Richland Hills, Texas, on January 1, 1987, and that the amount to be applied to the value of such property shall be :41.3¢ per $100.00 valuation. 2. That the tax so levied and assessed shall be apportioned to the accounts and funds in the amount as set forth above. The amounts collected for payment of principal and interest on debt of the City shall be deposited into an interest and sinking fund for that. purpose until a total of $3,282,964 is deposited from the 1987 ad valorem tax levy. A three percent (3%) uncollectible factor shall be accounted for in the General Fund. 3. That the taxes provided for herein are in accordance with the appropriate State statutes. I Ie I I I I I I I . I I I I I I -. I I ORDINANCE NO. Page Two 4. Ad valorem taxes levied by this Ordinance shall be due and payable on October 1, 1987, and shall become delinquent on the first day of February, 1988. Payment of such tax is due in one full installment. 5. If the tax. is unpaid after February 1, 1988, such tax will become delinquent and penalty' and interest will attach and accrue as provided by the Statures of the Texas Property TAX Code Sec. 33.01. 6. In the event the taxes become delinquent and in the event such delinquent taxes are referred to an attorney for collection, an additional amount of fifteen percent (15%) of the total amount of tax, penalty and interest then due shall be added as collection costs to be paid by the taxpayer. 7. Taxes herein levied and uncollected shall be a first prior and superior lien against the property, and the said lien shall be superior liens charges, and encumbrances, and such lien shall attach ~o personal property with the same priority as to real property. 8. The lien provided herein shall be attached as of January 1, 1987. 9. Should any section, provision or clause of the Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. 10. The Ordinance shall become effective from and after the date of its approval and adoption as provided by law. I, Ie I I I I I I I . I I I I I I ~. I I ORDINANCE NO. Page Three PASSED AND APPROVED by the City Council of the City of North Richland Hills, Texas, upon first and final reading, at a regular meeting on the 28th day of September, 1987. ATTEST: Jeanette Rewis - City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney Dan Echols - Mayor CITY OF NORTH RICHLAND HILLS Finance Ordinance 1492, Adopting Operating tludget ¥1sca~ Year 1~~11~~ Council Meeting Date: Agenda Number: GN 87-101 9/28/87 Department: The attached Ordinance is the final step in the budget process for fiscal year 1987-88. The All Funds Summary is incorporated in the Ordinance outlining revenues and expenditures by Operating Fund. Recommendation Approve Ordinance 1395 adopting the proposed Operating Budget for fiscal year 1987-88. I I Source of Funds: Bonds (GO/Rev.) Operating Budget Other .,C/ - - ^--e.e~ &<.~--- ~ Department Head Signature CITY COUNCIL ACTION ITEM ---xx Finance Review Acct. Number N/ A S~dS Available . Finance Director Page 1 of I I , I I I I I I II I I II I I I I t' I ORDINANCE NO. 1492 AN ORDINANCE ADOPTING AND APPROVING A BUDGET FOR THE CITY OF NORTH RICHLAND HILLS, TEXAS, FOR THE FISCAL YEAR OCTOBER 1ST, 1987 THROUGH SEPTEMBER 30TH, 1988 WHEREAS, an annual operating budget for the fiscal year October 1, 1987 through September 30, 1988 has been prepared by the City Manager for the City of North Richland Hills, Texas, and WHEREAS, said budget has been presented by the City Manager in accordance with the City Charter, and /' WHEREAS, public notices of a hearing upon this proposed budget have been published as required, and the public hearing held on said budget, and it is the consensus that the budget, as submitted and amended, should be approved, to wit: FUND RECOMMENDED BUDGET AMENDED AND ADOPTED BUDGET TOTAL REVENUE (General Fund) TOTAL REVENUE (Debt Service) Total Revenue General Fund and Debt Service $11,364,443 3,282,964 $11,364,443 3,282,964 $14,647,407 14,647,407 EXPENDITURES: DEPARTMENT City Council City Manager City Secretary Legal Civil Service Finance Planning & Development Municipal Court Library Public Works Parks & Recreation Police Fire Non-Departmental Support Services/Purchasing Total General Fund Debt Service Requirements $ 58,592 203,062 165,461 77,857 91,173 471,390 164,010 229,375 583,861 1,344,121 679,723 3,530,982 2,818,758 716,306 229,772 $11,364,443 3,282,964 $ 58,592 203,062 165,461 77,857 91,173 471,390 164,010 229,375 583,861 1,344,121 679,723 3,530,982 2,818,758 716,306 229,772 $11,364,443 3,282,964 Total General Fund and Debt Service Fund Expenditures $14,647,407 $14,647,407 I· I I- I I I I I I lilt I I I I I I I t' I ORDINANCE NO. Page Two FUND RECOMMENDED BUDGET AMENDED AND ADOPTED BUDGET UTILITY ENTERPRISE FUND Water Sewer Interest Income & Misc. Total Revenues $ 6,771,610 3,950,148 415,000 $11,136,758 $ 6,771,610 3,950,148 415,000 $11,136,758 EXPENDITURES Public Works/Utility Finance/Utility Non-Departmental Total Expenditures $10,063,455 725,938 347,365 $11,136,758 $10,063,455 725,938 347,365 $11,136,758 OCCUPANCY TAX FUND Revenues $ 146,500 $ 146,500 $ 146,500 ~xpenditures $ 146,500 PARKS & RECREATION CONTRIBUTION FUND Revenues $ 57,500 $ 57,500 $ 57,500 Expenditures $ 57,500 SUPPORT SERVICES FUND Revenues $ 1,788,165 $ 1,788,165 $ 1,788,165 Expenditures $ 1,788,165 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that the City Council of the City of North Richland Hills ratify, and approve the budget as filed and amended for the fiscal year beginning Octòber 1, 1987 through September 30, 1988. I· I I- I I I I I I lit I I I I I I I f' I , ORD INANCE NO. Page Three PASSED AND APPROVED by a majority of the City Council at a meeting in the Council Chamber of the North Richland Hills City Hall on the 28th of September 1987. ATTEST: Jeanette Rewis - City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney Dan Echols - Mayor I CITY OF NORTH RICHLAND HILLS Department: 411Bubject: Ordinance adopting the Texas Municipal Retirement System's "Updated Service Credit" benefit and increasing the City and employees contribution rates. Ordinance No. 1495. Personnel Council Meeting Date: 9-28~87 Agenda Number: GN 87-102 The Texas Municipal Retirement Act requires that the "Updated Service Credit" benefit be adopted annually for the benefit to continue from year to year. This benefit was initially adopted by the City Council in 1983 and has been re-adopted each subsequent year. Additionally, the Civil Service Commission has recommended increasing the employee's TMRS contribution from 5% to 7% of income earnings and increasing the City's contribution ratio from 1~:1 to 2:1. The attached ordinance re-adopts the "Updated Service Credit" benefit and increases the employee/City contributions to TMRS with an effective date of January I, 1988. All costs relating to these benefits are included in the proposed 1987-88 budget. Reconunendation: It is recommended that the City Council approve Ordinance No. 1495 adopting the "Updated Service Credit" benefit and increasing the employee and City contributions to TMRS effective January It 1988. Source of Funds: Bonds (GO/Rev.) Operating Budget .ther x Finance Review Acct. Number Departmentalized in Account 1160 ds Available I Finance Director ~~ Department Head ~nature CITY COUNCIL ACTION ITEM Page 1 of 1 I Ie I I I I I I I Ie I I I I I I I Ie I . ~ - ORDINANCE NO. 1495 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF NORTH RICHLAND HILLS; PROVIDING FOR INCREASED MUNICIPAL CONTRIBUTIONS TO THE CURRENT SERVICE ANNUITY RESERVE AT RETIREMENT OF THE EMPLOYEES OF THE CITY; PROVIDING AN INCREASE IN THE RATE OF DEPOSITS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE CITY AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 63.401 through 63.403 of Title 110B, Revised Civil Statutes of Texas, 1925, as amended, each member of the Texas Municipal Retirement System who has current service credit or prior service credit in said System in force and effect on the 1st day of January, 1988, by reason of service in the employment of the City of North Richland Hills, and on such date has at least 36 months of credited service with the system, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 63.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 63.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecede~t service credit previously authorized for part of,the same service. (b) On the terms and conditions set out in Section 63.601 of said title, any member of the Texas Municipal Retirement System who is eligible for Updated Service Credits on the basis of service with this City, and who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on Jañuary 1, 1986" shall be credited with Updated Service Credits pursuant to, calculated in accõrdance with, and subject to adjustment as set forth in said 63.601. (c) In accordance with the provisions of subsection (d) of Section 63.401 of said title, the deposits required to be made to the Texas Municipal Retirement System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. Section 2. Increased Employee Deposit Rate. That all employees of the City who are members of the Texas Municipal Retirement System, shali make deposits to the Sy~tem at the rate of 7% of their individual earnings. However, this rate shall not be applied to earnings in excess of the maximum earnings subject to retirement deductions as fixed by ordinance. Section 3. Increased Matching Ratio. For each month of current service thereafter rendered by each of its employees who are members of the Texas Municipal Retirement System, the City will contribute to the current annuity reserve of each such member at the time of his or her retirement, a sum that is 200% of such member's accumulated deposits for such month of employment; and I . '. - Ie I I I I I I said sum shall be contributed from the City's account in the municipality accumulation fund. Section 4. Effective Date. Subject to approval by the Board of Trustees of Texas Municipal Retirement System,the updated service credits and increases in retirement annuities granted hereby shall be and become effective on the 1st day of January, 1988. Passed and approved this the 28th day of September , 19--ªz'. ATTEST: APPROVED: City Secretary or Clerk Mayor APPROVED AS TO FORM AND LEGALITY: I 1I4IÞ Attorney for the City I I I I I I I Ie I CITY OF NORTH RICHLAND HILLS Department: eUbject: Personnel Council Meeting Date: 9-28-87 Ordinance amending and adopting the Civil Service Rules Agenda Number: GN 87-103 and Regulations. Ordinance No. 1479. Upon approval by the City Council, the attached proposed Ordinance No. 1479 ratifies previous City Council action in adopting the City Civil Service Rules and Regulations and amends Rule 9.04g pursuant to the approval and recommendation of the Civil Service Commission to allow retirees to convert up to (30) days of accumulated sick leave to vacation leave for the six week period immediately preceeding retirement. Recommendation: It is recommended that the City Council approve Ordinance No. 1479 adopting the City's Civil Service Rules and Regulations. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget --L _Other _ .., ~-...:- ~ent ~d Signature CITY COUNCIL ACTION ITEM Acct. Number Departmentalized in Account 1090 nds Available . Finance Director Page 1 of 1 I Ie I I I I I I I Ie I I I I I I I I" I ORDINANCE NO. 1479 WHEREAS, the Civil Service has heretofore approved compensation of unused sick leave to retiring employees; and WHEREAS, such approval constitutes a recommendation to the City Council for change in the Civil Service Rules and Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The prior approval of the Civil Service Rules and Regulations be and is hereby ratified. A copy of the Rules and Regulations approved and ratified by this ordinance are attached to this ordinance and marked Exhibit "A". 2. Pursuant to approval and recommendation of the Civil Service Commission, Rule 9.04g shall hereafter read as follows. "g. Upon leaving the service, an employee shall not not be compensated for unused sick leave or personal business leave. Provided however, employees who retire shall be permitted to convert up to 30 days of accumulated sick leave to vacation leave to be used for the six week period immediately preceding their retirement. For the purpose of this subsection, an employee shall be considered retired who terminates employment after completing 20 years of continuous service with the City, or who retires under the Texas Municipal Retirement System." Passed and approved this 28th day of September , 1987. Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City The City Council has previously been provided a copy of the Civil Service Rules and Regulations and because they are (34) pages thick, a copy has not been attached to this ordinance. Copies of the Rules and Regulations will be available for distribution to the Council on Monday night. 1-. CITY OF NORTH RICHLAND HILLS Department: .ubject: Administration Proposed Policy for Public Meeting Rooms 9/28/87 Council Meeting Date: GN 87-104 Agenda Number: The City Council Committee comprised of Mayor Pro Tem Dick Fisher and Councilwoman Linda Spurlock has met and considered policies to be recommended to govern the free use of public meeting facilities in connection with the opening of the new Library and Recreation Center. Such free use would be the only allowable exception to the fees for use of these facilities as adopted by the City Council on August 24, 1987 (Ordinance No. 1485). The committee met on August 31st and September 11th, 1987 and formulated the proposed policies outlined on the attachment hereto, then transmitted the draft policies to representatives of nine organizations which had expressed interest in this matter. The organizations' representatives were invited to attend a meeting held on September 15th, 1987 to obtain their input. Representatives of four organizations attended the meeting and, following a thorough discussion, each indicated support of the proposed policy, at least on a trial basis. The proposed policy provides for free use of the Glenview Drive Recreation Center adjacent to Fire Station #2, which is now more available as a result of opening the new Recreation Center. In order to equip the Glenview Recreation Center to accommodate the groups which wish to use it, it will be necessary to purchase 13 tables at an approximate cost of $1,300. Funds for this purpose are available in Recreation Division Office Equipment Account Number #01-70-03-6500. The City ,Council Committee directed the staff to transmit to the City Council for action, the proposed policy as outlined on the attachment. lI~ecommendation: ¡¡ It is recommended that the City Council adopt the attached policy statement. ~ I I I I I I Source of Funds: I Bonds (GO/Rev.) . I_Operating Budget _ Other I I I Finance Review Acct. Number Sufficient Funds Available eP~ Department Head Signature . ~ger CITY COUNCIL ACTION ITEM . Fmance Director Page 1 of --.!-_ I~· I I" I I I Name Address Ci ty, State I Dear I I ~ I I I I I Sincerely, I Dennis Horvath Assistant City Manager City of j\(8rth Richland Hills, Texas September 3, 1987 REF: ACML 189-87 The Mayor and City Council of North Richland Hills have appointed Mayor Pro Tern Dick Fisher and Councilwoman Linda Spurlock as a committee to review and recommend a policy to the full Council on the use of public meeting rooms. This committee has met and is considering a recommendation that would be comprised of a three tier policy: 1), Rooms are available on a fee basis at the City Recreation Center at 6720 Airport Freeway (the former Church of Christ). 2) The City Auditorium (6720 Airport Freeway) is available, with restrictions, to nonprofit organizations. 3) The possible free use, to qualified nonprofit organizations, of the former City Recreation Center located at 6801 Glenview Drive, (adjacent to Fire Station #2). The fees associated with rooms 'at the City Recreation Center were established by ordinance in August of 1987 and are now effective. ' The policy for the City Auditorium and the rooms available at the Glenview facility are now being reviewed by the committee. You or your designated representative are invited to attend a meeting on September 15th, 1987 at 6:30 p.m. in the City of North Richland Hills Conference Room to discuss the proposed policy as outlined in Attachment #1. We encourage your participation as your thoughts and concerns will be used to finalize a policy that will be recommended to the full City Council in late September. leDH/9P t·" I (817) 281.Q04117301 N.E. lOOP 820/P.O. BOX 18609/NORTH RICHlAND HillS, TX 76180 I· " I~ I' I I I I I I ~ I I I I I 'I I Ie I Letter 189 was sent to the following: Mr. Ken Zimmer, President Richland Youth Association P.O. Box 18571 North Richland Hills, TX. 76180 Ms. Keith Gibson Boy Scouts Association 7453 College Circle South North Richland Hills, TX. 76180 Mr. Glenn Porterfield, President Trinity Arts Council P.O. Box 18345 Fort Worth, Texas 76118 Ms. Mary Paris, President Northeast Fine Arts League 5625 Starlight Haltom City, TX. 76117 Ms. Penny Clowers, Unit Chairman league of Women Voters 512 W. 4th Street Fort Worth, TX. 76109 Ms. Patti Fischer, Director Senior Citizen's Center 7301 Bursey Road North Richland Hills, TX. 76180 Mr. Dan Burbach Northeast Soccer Association 5721 Whitewood Drive Fort Worth, Texas 76137 Mr. Jerrell Neeley, Commissioner North Richland Girls Softball Association 3725 Labadie Drive Richland Hills, TX. 76118 Mr. Warren Condra, President American Association of Retired Persons 7458 Meadow Court North Richland Hills, TX. 76180 I .' Ie II I I I I I I -- I I I I II I I I- I PROPOSED POLICIES FOR PUBLIC MEETING ROOMS FORMER RECREATION/COMMUNITY CENTER ADJACENT TO FIRE STATION #2 (6801 Glenview Drive) 1) May be used free of charge for nonprofit organizations or other civic organizations on a scheduled first-come, first-serve basis. 2) No janitorial service or no janitorial deposit is required. 3) No set up service by the City. 4) The key to the free facility must be picked up the day of the meeting and returned the next day. No key deposit required. 5) Proposed policy is tentative and subject to revision or revocation. 6) The proposed use of free public facility must be fair and equitable to all citizens of North Richland Hills. 7) No permanent office space or storage space is available to any organization. Policy may be revoked if facility not cleaned up after each use. CITY AUDITORIUM POLICY 1) The Public Auditorium is not a meeting room. 2) The Parks and Recreation Department will schedule activities in the auditorium based on the following guidelines: A) First priority in the auditor'îum is for Municipal Court with four day settings each month and at least one evening setting per month. B) Other organizations may· have free use of the Audi~orium with the following restrictions: 1) Scheduled activities must not be of a political, religious or fund raising nature. 2) Must be a nonprofit activity or event (i.e. AARP Craft Show, NEFAL Art Show, Trinity Arts Theatrical Productions, etc.) C) No admission can be charged and events must be open to the public. I· ... Ie 1\' I I I I I I I~ I I I I I I I Ie I þ Page Two D) Limited food or beverages in hallway outside of the auditorium. E) All activities must be scheduled with the Director of Parks and Recreation not later than three weeks in advance. F) A non-refundable fee of $100 will be paid in advance for janitorial services. Additional fees, as required, may be charged to using organizations for any damage done to City property or any overtime that may be required by City employees (opening and closing of building). CITY OF NORTH RICHLAND HILLS Department: _Ubject: Personnel Council Meeting Date: 9-28-87 Ordinance adopting legislative changes to the Texas Municipal Retirement Act. Ordinance No. 1496. Agenda Number: GN 87 -105 We received notification a month ago from the Texas Municipal Retirement System (TMRS) that the state legislature amended the Texas Municipal Retirement Act with certain provisions affecting employee participation in TMRS provided these provisions are adopted by ordinance by the participating municipality. Summarizing these provisions, they are: (1) reduces from (28) years to (25) years the service requirement for retirement eligibility; (2) if a vested member dies before reaching retirement eligibility age, the surviving spouse has the option of leaving the member's deposits in the system and receiving an annuity beginning with the date the deceased member would have reached retirement age; (3) provides for a "standard occupational disability annuity" for all members of the system instead of the former (10) year service requirement for the benefit to apply. The cost to adopt these provisions is so small that no increase is required in the City's deposit rate for 1988. Recommendation: It is recommended that the City Council approve Ordinance No. 1496 adopting the provisions of the Texas Municipal Retirement System as enacted by the state legislature with an effective date of January 1, 1988. Source of Funds: Bonds (GO/Rev.) Operating Budget ----L _ Other - ~~- Departm~ad Qnature CITY COUNCIL ACTION ITEM Finance Review Acct. Number Departmentalized in account 1160 nds Available . Finance Director Page 1 of 1 I Ie I I I I I I I Ie I I I I I I I Ie I ORDINANCE NO. 1496 AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENTS SYSTEM; GRANTING THE ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 64.202(f), 64.204, 64.405, 64.406 AND 64.410 OF TITLE 110B, REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED BY THE 70TH LEGISLATURE; AND PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: Section 1. Pursuant to the provisions of Sections 64.202(f), 64.204, 64.405, 64.406, and 64.410 of Subtitle G of Title Il0B, Revised Civil Statutes of Texas, 1925, as amended by the 70th Legislature of the State of Texas, Regular Session, which Subtitle shall herein be referred to as the "TMRS Act,", the City of North Richland Hills, Texas, adopts the following provisions affecting participation of its employees in the Texas Municipal Retirement System (which retirement system shall herein be referred to as the "System"): ,/' (a) Any employee of this City who is a member of the System is eligible to retire and receive a service retirement annuity, if the member has at least 25 years of credited service in that System performed for one or more municipalities that have participation dates after September 1, 1987, or have adopted a like provision under Section 64.202(f) of the TMRS Ac t. ~, (b) If a "vested member," as tQ.at term is defined in Section 64.204(b) of the TMRS Act, shall die before becoming eligible for service retirement and leaves surviving a lawful spouse whom the member has designated as beneficiary entitled to payment of the member's accumulated contributions in event of the member's death before retirement, the surviving spouse may by written notice filed with the System elect to leave the accumulated deposits on deposit with the System subject to the terms and conditions of said Section 64.204(b). If the accumulated deposits have not been withdrawn before 3 suc:h time as the member, if living, would have become entitled to servic~ retirement; the surviving spouse may elect to receive, in lieu of the accumulated deposits, an annuity payable monthly thereafter during the lifetime of the surviving spouse in such amount as would have been payable had the member lived and retired at that date under a joint and surviving annuity (Option 1) payable during the lifetime of the member and continuing thereafter during the lifetime of the surviving spouse. (c) At any time before payment of the first monthly benefit of an annuity, a surviving spouse to whom subsection (b) applies may, upo_n written application filed with the System, receive payment of the accumulated contriþutions standing to the account of the member in lieu of any benefits otherwise payable under this section. In the event such a surviving spouse shall die before payment of the first monthly benefit of an annuity allowed under this section, the accumulated contributions credited to the account of the member shall be paid to the estate of such spouse. (d) The rights, credits and benefits hereinabove authorized shall be in addition to the plan provisions heretofore adopted and in force at the I Ie I I I I I I I Ie I I I I I I I Ie I '-. - effective date of this ordinance pursuant to the TMRS Act. (e) Any employee of this City who is a member of the System is eligible to retire and receive a "standard occupational disability annuity" under Section 64.408 of the TMRS Act or an "optional occupational disability retirement annuity under Section 64.410 of the TMRS Act upon making application therefor upon such form and in such manner as may be prescribed by the Board of Trustees of the System, provided that the System's medical board has certified to said Board of Trustees: (1) that the member is physically or mentally disabled for further performance of the duties of the member's employment; (2) that the disability is likely to be permanent; and (3) that the member should be retired. Any annuity granted under this subsection shall be subject to the provisions of Section 64.409 of the TMRS Act. (f) The provisions relating to the occupational disability program as set forth in section (e) above are in lieu of the disability program heretofore provided for under Sections 64.301 to 64.308 of the TMRS Act. Section 2. This ordinance shall become effective on the first day of January, 1988, provided that it has previously been determined by the Actuary for the System that all obligations of the City to the municipality accumulation fund, including obligations hereby undertaken, can be funded by the City within its maximum contribution rate and within its amort~zation period. Passed and approved this the 28th day of September , 19 87. ATTEST: APPROVED: City Secretary or Clerk Mayor .. APPROVED AS TO FORM AND LEtALITY: Attorney for the City CITY OF NORTH RICHLAND HILLS Department: POLICE/ENVIRONMENTAL SERVICES/FOOD SERVICE _ Council Meeting Date: 09-28-87 WASTE HAULER ORDINANCE - ORDINANCE No. 1497 Agenda Number: GN 87 -106 This ordinance was originally proposed as a model ordinance by the North Central Texas Council of Governments and is designed to regulate both the generators and transporters of grease trap waste, grit trap waste and septage that operate within the city limits of North Richland Hills. It is part of the enforcement section of our new Food Service Program through Environmental Services Division. In the past, the tendency has been to regulate the transporters of the wastes, but not the generator of such waste. This ordinance is designed to regulate both the generator and the transporter of liquid waste. This type of regulation will enable the Food Service Inspectors to trace the liquid waste from the source to the final disposition of the waste. These regulations are necessary to prevent the illegal dumping of liquid waste either on the ground surface or into the city waste water system which in turn increases our city surcharge. Through the use of a four' part manifest ticket system this Division can keep track of the disposal of liquid waste from the establishment that generates it to the trans- porter that disposes of it. Recommendation: It is recommended that the attached Ordinance be adopted. Finance Review Acct. Number Sufficient Funds Available ~~7~ rtment Head Signature City Manager CITY COUNCIL ACTION ITEM . Finance Director Page 1 of I -- I I I I I I I . I I I I I I I t' I ORDINANCE NO. PREAMBLE WHEREAS, the City Council of the City of North Richland Hills, finds that the unregulated transportation and discharge of liquid waste presents a hazard to the public health, safety, and welfare of the citizens of the City of North Richland Hills, Texas; and WHEREAS, the City Council of the City of North Richland Hills, finds that unregulated transportation of liquid waste facilitates the unauthorized discharge of liquid waste on the land and into the streams, creeks and sanitary sewer systems located in the territorial and extraterritorial limits of the City of North Richland Hills is undesirable ; and WHEREAS, the City Council of the City of North Richland Hills, finds that previous ordinances regulating the transportation of liquid wastes, but not regulating the generator of such waste has led to a lack of responsibility on the part of the generator to determine if waste materials were being properly disposed; and WHEREAS, Article 21.356 of the Texas Water Code authorizes regulations necessary to control and regulate the type, character, and quality of waste which may be discharged to the City of North Richland Hills, disposal system, to protect the health and safety and to prevent unreasonable adverse effects on the disposal system; and WHEREAS a model waste ordinance regulating the generators and transporters of grease trap waste, grit trap waste and septage in metroplex cities is of utmost importance and need so as to ensure the proper handling and disposal of these wastes to protect human health and the environment; and WHEREAS it is the intention of the City of North Richland Hills to enact an ordinance designed to protect and enhance the public health, safety, and welfare of our citizens by regulating the generators and transporters of grease trap waste, grit trap waste, and septage; and WHEREAS authorization to enact said ordinance is vested in the general police powers of the City and State and is more specifically granted under the rules developed by the Texas Department of Health consistent with the Solid Waste Disposal Act, Texas Civil Statues, Article 4477-7, Section 4(c) and "Dillon's Rules", the latter principle of jurisprudence stating that the City may enact rules equal to or more stringent than State rules. Now therefore be it Ordained by the City Council of the City of North Richland Hills, Texas that: Pa ge 1 -f-----~- ---- - ~._-_.~ -=- - - - - - - - -.---- -- I ARTICLE 1 LIQUID WASTE SECTION 1. Definitions. I I I I I I . I I I I I I I , I A. Approved: Accepted as satisfactory under the terms of this article and given formal and official sanction by the approving authority. B. Approving Authority: The City Environmental Health Officer or any other official designated by the City Manager. C. Director: The City Environmental Health Officer of the Environmental Services Division of the City of North Richland Hills. D. Disposal: The discharge, deposit, injection, dumping, spilling, leaking or placing of solid or semi-solid grease trap waste, grit trap waste, and/or septage into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. E. Disposal Site: A permitted site or part of a site at which grease trap waste, grit trap waste, or septage is processed, treated and/or intentionally placed into or on any land at which said waste will remain after closure. F. Disposer: A person who receives, stores, retains, processes, or disposes of liquid waste. G. Generator: A person who causes, creates, generates, or otherwise produces liquid waste. H. Grease Trap: A water-tight receptacle designed and constructed to intercept and prevent the passsage of greasy, fatty liquid, semi-liquid and/or solid wastes generated from commerical operations into the sanitary sewer system to which the receptacle is directly of indirectly connected. I. Grease Trap Waste: Greasy, fatty liquid, ~emi-liquid, and/or solid wastes removed from commercial operations by a grease trap. J. Grit Trap: A water-tight receptable designed and constructed to intercept and prevent the passage of petroleum based oil, grease waste and'solids into the sanitary sewer to which the receptable is directly or indirectly connected. Page 2 I I Ie I I I I I I II I I I I I I I it I 10 _ K. Grit Trap Waste: Petroleum based oil, grease wastes and solids from commercial automotive or heavy machinery repair and/or washing facilities. L. Hazardous Waste: Any liquid, semi-liquid or solid waste (or combination of wastes), which because of its quantity, concentration, physical, chemical or infectious characteristics may: (1). Have any of the following characteristics; toxic, corrosive, an irritant, a strong sensitizer, flammable or combustible, explosive or otherwise capable of accusing substantial personal injury or illness; (2). Pose a substainia1 hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise improperly managed, and is identified or listed as a hazardous waste as defined by the Texas Solid Waste Disposal Act or the Administrator, U.S Environmental Protection Agency (EPA) pursuant to the Federal "Solid Waste Disposal Act", as amended by the "Resource Conservation and Recovery Act of 1976" and as may be amended in the future. M. Liquid Waste: Water-borne solids, liquids, and gaseous substances derived from a grease trap, grit trap, chemical/ portable toilet and/or septic tank and described as a grease trap waste, grit trap waste or septage. N. Manager: The person conducting, supervision, managing or representing the activites of a generator, transporter or disposer. O. Manifest System: A system consisting of a four-part trip ticket used to document the generation, transportation and disposal of liquid waste. P. Owner: The person who owns a facility or part of a facility. Q. Permit: The formal written document issued to a person by the approving authority authorizing collection of grease trap waste, grit trap waste and septage. R. Permittee: A person granted a permit under this article. S. Person: An individual, corporation (including a government corporation) organization, government, governmental subdivision or agency, federal agency, state, political subdivision of a Page 3 I I f I I I I I I . I I I I I I I ~ I state, interstate agency or body, business or business trust, partnership, association, firm, company, joint stock company, commission, or any other legal entity. T. POTW: Publicly Owned Treatment Works. u. Sanitary Sewer: A sewer which carries sewage and to which storm, surface, and ground waters are not normally admitted. V. Septage: Wastes removed from a portable toilet, chemical toilet or septic tank. W. Shall: The word "shall" wherever used in this article will be interpreted in its mandatory sense; "may" is permissive. x. Special Wastes: Solid waste or combination of solid wastes that, because of its quantity, concentration, physical or chemical characteristics or biological properties, require special handling and disposal to protect the human health or the environmental. Y. Spill: The accidental or intentional loss or unauthorized discharge of grease trap waste, grit trap waste, and septage. z. Tank: A device, designed to contain an accumulation of grease trap waste, grit trap waste and septage which is constructed primarily of non-earthen materials (e.g., concrete, steel, plastic) to provide structural support for the containment. AA. TDH: Texas Department of Health. BB. TWC: Texas Water Commission. cc. Toxic Waste: Any liquid, semi-liquid, or solid waste material which has the ability to chemically produce injury once it reaches a susceptible site in or on the body. DD. Transporter: A person who operates a vehicle for the purpose of transporting liquid waste. EE. Trip Ticket: The shipping document originated and signed by the transporter which contains the information required by the approving authority. FF. Vehicle: A mobile device in which or by which liquid waste may be transported upon a public street or highway. SECTION 2. Permits. Pa ge 4 I I f I I I I I I It I I I I I I I if I A. A person commits an offense if he operates or causes to be operated a vehicle for the purpose of transporting liquid waste without an applicable permit. A permit shall be issued for transportation of liquid waste and the approving authority shall designate on the permit the liquid waste authorized for transportation in the vehicle. A separate vehicle permit number is issued for each vehicle operated. B. A person who desires to obtain a permit must make application on a form provided by the approving authority. C. A person who desires to obtain a permit must submit to the approving authority at the time of application a photocopy of the manager's drivers license. The approving authority shall be notified of manager employment changes during the permit period and shall be provided a copy of the manager's drivers license. D. The approving authority shall not issue a permit unless the applicant submits for inspection by the approving authority the vehicle the applicant proposes to use to transport liquid waste and the vehicle is found by the approving authority to be constructed and equipped in accordance with the provisions of this article. E. A permit is not transferable. F. A permit by the City of North Richland Hills excludes the hauling of materials that are hazardous in nature. G. Transporters transporting hazardous wastes must have the applicable Texas Water Commission and U.S. Environmental Protection Agency (EAP) registration number and use the appropriate EPA manifest systems. H. Each applicant must specify the disposal site or sites to be used for the authorized disposal of liquid wastes. The approving authority shall be immediately notified of additional disposal sites used during the permit period. SECTION 3. Fee and Display of Permit. A. The approving authority shall not issue a permit to an applicant until the appropriate established fee is paid. A person shall pay a fee of one hundred dollars ($100.00) for the first vehicle and fifty dollars ($50.00) for each additional vehicle operated by the person. Each permit must be renewed annually. B. The permit fee shall be due and payable on October first (1st) of each calendar year. Pa ge 5 I I {' I I I I I I II I I I I I I I , I "" _ C. The approving authority shall number permits consecutively, and each permit holder shall cause to be displayed, on each side of each vehicle in a color contrasting with the background in three inch letters or larger the business name, TDH registration number the following: NRH 000 The first three letters (NRH) shall represent the City of North Richland Hills. The numbers (000) shall be the permit number. The permit holder shall place business name, TDH registration number and the vehicle permit number on each vehicle before the vehicle is operated, The permit holder shall keep the permit receipt, or a copy, in the vehicle at all times. ARTICLE 2 SECTION 1. Liquid Waste Vehicles: Maintenance A. A liquid waste transporter shall: (1). Maintain hoses, tanks, valves, pumps, cylinders, diaphragms, pipes, connections, and other appurtenances on a vehicle in good repair and free from leaks; (2). Provide a safety plug or cap for each valve of a tank; (3). Cause a vehicle exterior to be clean and the vehicle odor-free at the begining of each work day. B. The approving authority may cause to be impounded a vehicle which is being operated in violation of this article, and he/she may authorize the holding of the vehicle until the violation is corrected. The approving authority may also revoke the permit for the improperly operated vehicle. If a vehicle is impounded or if a permi t is revoked an appeal may be filed by the transporter pursuant to Article Three (3) of this ordinance. SECTION 2. Liquid Waste Vehicles: Inspection. A. A liquid waste transporter's vehicle shall be inspected by the approving authority prior to the issuance of a vehicle permit with qualifications as follows: (1). Use, of a vehicle with a single tank as an integral portion of vehic Ie to transport liquid wastes; portable tanks or other containers temporarily installed in vehicles are prohibited. Pa ge 6 I I , I I I I I I II I I I I I I I t' I (2). Piping, valves and connectors shall be permanently attached to tank and/or vehicle; (3). Tank to be liquid tight; (4). Tank to be constructed so that every interior and exterior portion can be easily cleaned; (5). Piping, valves, and connections shall be accessible and easy to clean; (6). Inlet, or opening of tank to be constructed so that collected waste will not spill during filling, transfer, or during transport; (7). Outlet connections to be constructed so that no liquid waste will leak, run, or spill out from the vehicle; (8). Outlets to be of a design and type suitable for the liquid waste handled and capable of controlling flow or discharge without spillage or undue spray on or flooding of immediate surroungings while in use; (9). Pumps, valves, cylinders, diaphragms and other appurtenances to be of a design and type suitable for the type of waste handled, capable of operation without spillage, spray, or leakage, and capable of being easily disassembled for cleaning. SECTION 3. Responsibilities of a L~quid Waste Transporter. A. Before accepting a load of liquid waste for transportation, a liquid waste transporter shaJ.I determine the nature of the material to be transported and that his equipment is sufficient to properly handle the job without spillage, leaks, or release of toxic or harmful gasses, fumes, liquids, or other substances. Upon delivery of the waste to the disposer, the transporter shall inform the disposer of the nature of the waste. B. A transporter with the City of North Richland Hills liquid waste transporter permit shall not transport materials that are hazardous as defined in Article One (1) in vehicles permitted by the City for transporting liquid waste. c. A transpqrter holding a City of North Richland Hills permit must use a disposal site permitted and approved by the city, or the state, or the federal government. Page 7 I I I' I I I I I I . I I I I I I I , I SECTION 4. D. A manifest system, consisting of a four-part trip ticket is used to document the generation, transportation and disposal of all applicable liquid waste generated in the City of North Richland Hills and shall be used as follows: (1). The trip ticket books are purchased by the transporter from the City of North Richland Hills, Division of Environmental Services, for a fee of ten dollars; (2). A transporter will complete one trip ticket for each location serviced, with the exception of chemical/portable toilet companies servicing their own units. Chemical / portable toilet companies servicing their own units shall be exempt from trip ticket requirements but shall be required to submit a monthly total of volumes disposed and location of disposal to the approving authority; (3). White copy of trip ticket signeè by transporter and generator at time of waste collection and Yellow copy maintained by generator; (4). White copy of trip ticket signed by disposer at time of disposal and Pink copy maintained by disposer; (5). Green copy of trip ticket maintained by transporter; (6). All completed trip ticket books containing the White copy of the trip ticket will be delivered at least monthly by the transporter to the City of North Richland Hills, Division of Environmental Services; (7). A copy of all trip tickets shall be maintained for a period of two years. Accumulation of Liquid Waste. A person commits an offense if he/she allows liquid waste that emits noxious or offensive odors or is unsanitary or injurious to public health to accumulate upon property under his/her control. SECTION 5.Disposal of Liquid Waste A. B. A person commits an offense if he/she unloads or offers for sale or exchanges liquid waste, except at a place permitted by the city or the state,_ or the federal government. A person commits an offense if he/she deposits or discharges liquid waste onto a street or into a storm or sanitary sewer or Page 8 I I I' I I I I I I . I I I I I I I , I or an area that drains into the storm sewer system. SECTION 6. Responsibilities of Liquid Waste Generator. A. A generator of liquid waste shall have all liquid waste material picked up from his/her premises by a liquid waste transporter who holds a valid permit from the city and the liquid waste shall be transported to an approved site for disposal. B. A generator of liquid wastes shall not have hazardous wastes or liquid waste in combination with hazardous waste removed from his premises by a liquid waste hauler operating under a city permit. C. A generator shall sign the trip ticket from the transporter when a load is picked up by the transporter and shall keep a copy of all trip tickets for a period of two years. The approving authority may inspect these records during normal business hours. D. A generator shall: (1) Install or provide collection device of size and type specified by approving authority; (2) Maintain collection device in continuous, proper operation; (3) Supervise proper cleaning of collection device; (4) Report spills and accidents involving collection device to approving authority within 24 hours; (5) Clean up all spills and accidents immediately and have material disposed of by permitted transporter by proper means. SECTION 7. Responsibilities of Liquid Waste Disposers A. A liquid waste disposer commits an offense if he/she allows accumulation of liquid waste on his premises so that rainfall could carry the material to storm sewers or adjacent property or create a noxious odor or health hazard. B. A liquid waste disposer shall: (1) Obtain and maintain compliance with all licenses and/or permits required by local, state or federal law; (2) Accept waste only from a permitted transporter; Page 9 1----:----.-.-- --- - - - - - - --- ------ ---.- I r I I (3) Maintain trip ticket copies for a period of two years; (4) ,Accept only those classes of wastes authorized by license or permit; (5) Make available all records required to be kept for inspection by the approving authority during normal business ho ur s . ARTICLE 3. ENFORCEMENT I SECTION 1. Rules and Regulations The approving authority may promulgate rules and regulations as may be necessary to carry out the provisions of this article and protect the public from health and safety hazards. The approving authority may undertake immediate actions as may be necessary to protect the public from health and safety hazards. The approving authority may amend any permit issued hereunder to ensure complaince with applicable laws and regulations. I I I . I I I I I I I " I SECTION 2. Denial, Suspension, Revocation or Permit A. The approving authority may deny a permit if it is determined that an applicant is not qualified under Article Two (2) of this article and may suspend or revoke a permit if it is determined that a permittee; (1) Is not qualified under Article Two (2) of this article; (2) Has violated a provision of this article; (3) Has failed to pay a required fee; (4) Has failed to comply with maintenance or inspection requirements; (5) Has failed to deliver trip tickets to the approving authority. B. After suspension under this section, a permittee may file a request for reinstatement of the permit. When the approving authority determines that the permittee is again qualified, all violations have been corrected, precautions have been taken to prevent future violations, and all required fees have been paid, he shall reinstate the permit. Page 10 I----~----_..- ------- - ----- ---- ----- I r I I C: _ The approving authority may revoke for a period of one year or less all permits held by a liquid waste transporter if the transporter or an employee of the transporter violates any of the provisions of this article, any rule or regulation promulgated by the approving authority, or applicable provisions of the city code or state law. D. A permittee whose permit is suspended or revoked shall not collect, transport, or dispose of any waste materials within the jurisdiction of the approving authority. I SECTION 3. Hearing The hearing provided for in this Article shall be conducted by the Board of Appeals of the City of North Richland Hills at a time and place designated. Based upon the recorded evidence of such hearing, the Board of Appeals shall make a final finding, and shall sustain, modify or rescind the action of the approving authority. A notice of the hearing decisions shall be furnished to the holder of the permit by the Ci ty Environmental Health ~ Officer. "'SECTION 4. Responsibility of Corporations or Associations I I I I I I I I I I A. If the approving authority denies the issuance of a permit, or revokes a permit, he/she shall send to the applicant, or permit holder, by certified mail. return receipt requested, written notice of his/her actions and the right to a hearing. B. A. In addition to prohibiting certain conduct by natural persons, it is the intent of this article to hold a corporation or association legally responsible for prohibited conduct performed by an agent acting in behalf of a corporation or association and within the scope of his office or employment. B. Any person, operator, or owner who shall violate any prOV1S1on of this ordinance, or who shall fail to comply with any provision hereof, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed one thousand dollars ($1,000.00), and each violation and each ~ay -a violation continues, shall constitute a separate offense and shall be punished accordingly. C. Any person found to be guilty of violating prOV1S1ons of this article shall become liable to the city for any expense, loss, or damage occasioned by the city for reason of appropriate clean-up and proper disposal of said waste materials. Additionally, an administrative fee equal to one-half (1/2) of assessed clean-up costs shall be levied by the city against the guilty person. ARTICLE 4. SEVERANCE; REPEALER; PENALTY ""ECTION 1. I Severance Page 11 ~I-----.:---_.' ----- - - - - - - ---- --~- --- I r I I I I I I . I I I I I I I , I ARTICLE 4. SEVERANCE; REPEALER; PENALTY SECTION 1. Severance That it is hereby declared that the sections, articles, subsections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, subsection, article, or section of this ordinance shall be declared void, ineffective, or unconstitutional by a valid judgment or final decree of the court of competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs, subsections, article,or sections of this ordinance since the same would have been enacted by the City Council with the incorporation herein of any such void, ineffective, or unconstitutional phrase, clause, sentence, paragraph, subsection, article, or section. SECTION 2. Repealer All ordinances or parts of ordinances not consistent or conflicting with the provisisions of this ordinance are hereby repealed; provided that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this ordinance. SECTION 3. Penalty Any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined upon conviction not less, than one dollar ($1.00) nor more than one thousand dollars ($1,000.00) and each day any violation of non-compliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by state law and the power of injunction as provided in Vernon's Ann. Div. St. Art. 1175 (f), (1) to (8) and as may be amended may be exercised in enforcing this article whether or not there has been a complaint filed. This ordinance shall be in full force and effect from the date of passage and approval and publication as required by law: Passed and approved this day of Dan Echols Mayor ATTEST: Jeanette Rewis City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire Attorney for the City Page 12 CITY OF NORTH RICHLAND HILLS Planning and Development 9/28/87 Public Hearing on the Proposed Watauga Road Reallgnment and Street Vacatlon Council Meeting Date: GN 87-107 Agenda Number: In the construction of the improved Watauga Road project the alignment of the street is being shifted northward in the area between Holiday Lane and Smithfield Road. This shift in the new street leaves a portion of the existing roadway which will not be a part of the thoroughfare. Also two existing streets, Abbott Drive and Price Drive do not extend past the existing street to intersect with the new Watauga Road alignment in this same area. In order to ascertain the wishes of the citizens in the area of this street realignment regarding the status of the existing streets, the Commission held a public hearing and the concensus of those attending was that the section of the old Watauga Road should not only be vacated but also should be totally removed to prevent "by-pass" traffic from utilizing the existing streets. However, in the instance of the lots which side on the existing Watauga Road, at least two of the property owners indicate that they currently have backyard-side street access which comes from the existing Watauga Road. Based upon those comments the Planning and Zoning Commission recommended that the section of Watauga Road which will no longer be part of the thoroughfare should be abandoned and Price Street should be dead-ended within the existing subdivision. Abbott Street will be extended to the new alignment of Watauga Road in compliance with an agreement with the property owner who dedicated the necessary right of way for Watauga Road and made the extension of Abbott a condition of the dedication. Pursuant to the City Attorney's advice the public hearing has been called for this agenda to allow additional comments from the citizens regarding this street vacation. If the City Council agrees that the street should be vacated the Staff would need to be authorized to proceed with making an appraisal of the property and disposing of it in accordance with State law. RECOMMENDATION: It is recommended that the City Council hold the required public hearing and make a determination that the street should be vacated and authorize the Staff to proceed with the necessary procedures for disposing of the property. , Finance Review Acct. Number Sufficient Funds Available ead Signature CITY COUNCIL ACTION ITEM fff17¿ City anager , Finance Director I Page 1 of 1 I Ie I I I I I I I Ie I I I I I I I Ie I ----. CALL TO ORDER ROLL CALL ( ( MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, JUNE 25, 1987 - 7:30 P. M. The meeting was called to order by the Chairman, Don Bowen, at 7:30 P. M. PRESENT: Chairman Secretary Member Alt. Member Dir. Planning/Dev. P & Z Coordinator Don Bowen John Schwinger Carole Flippo Manny Tricoli Richard Royston Wanda Calvert /' ABSENT: Mark Wood George Tucker CONSIDERATION OF THE MINUTES OF JUNE 11, 1987 1. PS 87-19 PS 87-19 RECOMMENDED Ms. Flippo made the motion to approve the minutes as written. This motion was seconded by Mr. Tricoli and the motion carried 3-0 with Mr. Schwinger abstaining since he was not present at the meeting. Watauga Road realignment discussion and recommendation to City Council. Chairman Bowen stated there was a Public Hearing held at the last meeting regarding the realignment of Watáuga Road, what to do with the existing right-of-way, and what to do with Price Drive. Mr. Schwinger made the motion to recommend to the City Council the abandonment of the existing right-of-way of Watauga Road at the time the new road is constructed, have Price Drive be a dead-end street and Abbott Avenue be extended to intersect with the new Watauga Road. This motion was seconded by Mr. Trico!i and the motion carried 4-0. I Page 2 PZ Minutes Ie June 11, 1987 I I I I I PS 87-16 APPROVED I 3. PS 87-17 I Ie PS 87-17 I APPROVED I 5. I I I PS 87-20 APPROVED 4. PS 87-19 I I Ie I Chairman Bowen asked for questions or comments. Mr. Roberson said he would have to talk with the Developer and get a letter to the City. Mr. Tucker stated that req ring the Developer to build D glas Lane should be part of the tion. Carole Flippo made e motion to approve PS 87-16 bject tO,the Developer build his portion of of Douglas La and subject to Engineer co ents. /.-/,,-:, " _/ Mr. the seconded the motion and passed 4-0. est of William Agan, Don Forman, Paul K. Mar for Replat, of Lots A, 1, and A2, Block 21, Clearview Addition. Mr. Tricoli made the motion to approve PS 87-17. Mr. Tucker seconded the motion and the motion carried 4-0. Chairman Bowen stated that Item No.4, Watauga Road Project, would be moved down to the Zoning cases. Request of North Hills Joint Venture for Replat of Lots 19R-IA and 19R-IB, Block 33, Holiday West Addition. Mr. Tricoli made the motion to approve PS 87-20. Ms. Flippo seconded the motion and the motion carried 4-0. Public Hearing to discuss the Watauga Road Project. I I Ie I I I I Page 3 PZ Minutes June 11, 1987 Chairman Bowen opened the Public Hearing by asking Richard Royston, Director of Planning to explain the reason for the public hearing. I I Mr. Royston stated that the $14 million bond package was passed in September, 1985 for the Watauga Road section between Rufe Snow and Davis Boulevard project. One item not not resolved was what to do with the section of the old alignment of Watauga Road that would be left after the northerly realignment. The road would become a six lane street rather ",/' than the present two lane. The new __/. alignment would go north through existing vacant property to a point on Smithfield Road which is north of the existing intersection. Currently two streets, Price and Abbott, intersect into the existing section of Watauga Road. The purpose of the hearing was to get concerns and reactions from the residents of this area. The City has an agreement with the Developer to bring Abbott to the new alignment of Watauga Road. There was not any decision regarding Price Street as yet. What to do with the existing Watauga Road section is the issue and purpose of the hearing. Ie I I Chairman Bowen asked for those with ~questions or comments to come forward. I Mr. A.W. Koon 7804 Owen Drive came forward to ask where Holiday Lane would tie into the new alignment. I II I I Ie I Mr. Royston stated that the new section would come out of Fox Hollow and tie in at the same intersection. Mr. Koon stated that he had lived in the area since 1968 and had seen the traffic build up coming off 820 going to Rufe Snow. The traffic would come from Rufe Snow, through the High School area, to Holiday Lane, to Bogart, to Price and to Owen Street. Traffic was using the smaller I Page 4 PZ minutes I June 11, 1987 I_ I I I I I I I_ I I I I I I I I_ I neighborhood streets to by-pass Hudiburg Chevrolet and heavier ,congested traffic off of 820. Mr. Koon hoped that something could be resolved and the money spent on Watauga Road and the tie in to Holiday Lane. People needed easier access to get on Davis and Watauga Road. Mr. Koon felt that Owen was being used as a thoroughfare rather than as a residential street. He had voted for the extension project, hoping for traffic relief. Paul Deal of 6216 Price Drive came forward. He stated that from the diagram, even though Abbott would be extended to Watauga Road, there would still be congestion at the Watauga Road and Smithfield Road intersection. People would still travel the old portion anyway. If the section was vacated, people would still reroute through their neighborhood. There is already a problem with traffic coming off Price. --=- ./ ' Chairman Bowen stated that if the section of Watauga Road was vacated the section between the two streets could be vacated as well. Paul Deal asked if the street portion had~to be vacated. -< ~ ~,] Mr. Tucker stated that it would not have to be vacated. Chairman Bowen stated that only a portion of it could be vacated if that was the choice. Larry Buck of 6221 Abbott came forward and asked for options on the project. Mr. Royston stated that the City had not tried to identify any preference problems. The only obligation is Abbott to Watauga. Options are related to Price and Watauga. One option would be to dead end Price. I Page 5 PZ Minutes I June 11, 1987 Ie I I I I I I Ie I I I I I I I Ie I There is commercial property to the south and the City always try not to let commercial traffic and residential traffic mix together. Another option would be to barricade or cul-de-sac. Another possibility would be to vacate all or a portion of Watauga Road. Larry Buck asked if dead ending Abbott was out of the question because of a prior commitment to the Developer. Mr. Royston stated that because of the ~ way the dedication came to the City _/ and through the dedication of the commercial property that the statement was correct. Paul Deal asked if the City was contemplating abandoning the street. Mr. Royston stated that was one of the possibilities. If the street were vacated it might be dedicated back to the residents. Keith Putnam 6221 Price came forward and asked that if the decision were made to dead end or cul-de-sac, would the residents be looking at the back of commercial properties and dumpsters. Would there be guaranteed stockade fences required like at some of the Malls. .,;- - . ~ Mr. Royston stated that if the commercial property were developed there would be screening fences required, but residents would still be looking at the back of buildings. Mr. Putnam stated it would be all right if there ,is a good stockade fence with minimum height requirements because of the elevated areas. George Duke 6228 Price came forward and asked if closing the old alignment section of Watauga Road from Abbott to Smithfield Road would be closed. I Page 6 PZ Minutes I June 11, 1987 Ie I I I I I I Ie I I I I I I I Ie I Chairman Bowen stated that that was the purpose of the meeting. George Duke stated that if Watauga Road was not closed the traffic problems would not be alleviated. Traffic would go east on Watauga Road to Smithfield Road to make the right turn. Chairman Bowen asked if he was recommending closing Watauga Road. Mr. Duke stated that 1f the City was not going to widen or put in a right ~_~. hand turn lane at Smithfield Road and- Watauga Road, then it would be better to close it. Mr. Duke stated that he felt that the drainage off Watauga Road needed to be alleviated before widening or improvements to the street was done. There is a bad drainage problem at the corner of Price and Watauga Road where his Mother lives. Water backs up two feet into the drive, garbage washes down and collects on the corner. He felt that the residents were not going to benefit by improving Watauga Road unless the drainage problem was improved. Chairman Bowen stated that there were not any plans to improve Watauga Road even if the street were left open. Mr. Duke stated that a minor street problem had led to one inch to one and one-half inches of asphalt being added to the street but that only tripled the problem. Mr. Tucker stated that if Watauga Road was abandoned the drainage would carry off onto the other Watauga Road. Mr. Royston stated that the Developers of the commercial property also have possibilities on cutting down drainage problems. I Page 7 PZ Minutes I June 11, 1987 Ie I I I I I I Ie I .1 I I I I I Ie I Mr. Tucker stated that he felt that abandoning the street was the best solution rather than leaving it open which would leave the problem laying there. Mr. Duke stated that everyone wanting to go from Davis to Loop 820 would turn right at the intersection, right on Price, to Owen because of backed up traffic, then left to Smithfield Road. Sue Bosquis of 6225 Price asked 1f the area of zoned commercial businesses would back up to Watauga Road or would //-' there be an easement so that residents /.. / would not be looking at the back of -- the bUildings. Mr. Royston stated there could be two possibilities. Number one, a 25 foot setback plus the width of the street between properties or Number 2, if the street were abandoned, the north alignment would have to stay 25 foot off that. Regardless, there would be a 40-75 foot easement from the existing property. Ms. Bosquis stated that she had heard a rumor that Price or Abbott was to become a cul-de-sac, not dead end the street but circle around. Mr. ';Royston stated that that was one option, cul-de-sac or barricade so traffic would have to turn around. Ms. Bosquis asked would that mean that leaving Watauga open would keep the commercial businesses from backing up to Watauga Road. If the Road was . closed that would mean the businesses would back up to the Road. Ms. Bosquis asked if the road was not closed would there be the 25 foot between properties anyway. Mr. Royston stated that there would be 25 foot plus the street width. I Page 8 PZ Minutes I June 11, 1987 Ie I I I I I I Ie I I I I I I I Ie I - Mr. A.W. Koon came forward again to state that he hated to see the section closed. He stated that a problem could develop regarding fire fighting. Chairman Bowen stated that he thought the best alternative was to abandon the section and asked if there were any more questions or comments. There being no one else wishing to speak Chairman Bowen asked for comments from the Commission. Mr. Tucker stated that he thought the Commission should take more time for consideration before making a formal recommendation to the City Council. His personal recommendation was to close the street. Something should be worked out to gain as much buffer as possible for the residents from the commercial property. --=-/ Ms. Flippo agreed. Chairman Bowen closed the public hearing and asked for a motion. Mr. Tucker stated that they should take more time and put it on the next agenda then make a formal recommendation to the City Council. Mr. Tucker said that he would like to hear from the Staff of the Police, and Fire Departments on whether the Commission was creating an impact that would create unsafe conditions. Ms. Flippo wanted to know about the drainage problem. Mr. Tucker stated that the Commission should know who was responsible for the drainage , who would take out the old black top and put it back to the natural ground. Chairman Bowen suggested that the item could be tabled. I I Ie I I I I I Ie I I I I I I I I- I Page 9 PZ Minutes June 11, 1987 PS 87-19 TABLED 6. PZ 87-12 Mr. Tucker made the motion to place the issue on the next agenda and then make a formal recommendation to the City Council after they had heard from more of the City Staff. Manny Tricoli seconded the motion and the motion passed 4-0. Request of Nelson E. File to rezone Tract 2M, T.K. Martin Survey, Abstract 1055, from its present classification of AG Agriculture to R-2 Single Family. Chairman Bowen asked for those n favor of this rezoning to pI se come forward. /'--"-, // ./' Nelson Files of 8908 ndson Road, representing himself came forward. Mr. Files stated t t he understands that to obtain b ding permits to remodel his ho he must be rezoned and then pIa ed. He said that he thought th rezoning would pass but that he s not sure the platting would. Bowen stated that the would be considered first. Mr. Files Stated that the two were tied together and that if the platting was ~ot passed then he would not need the rezoning. Chairman Bowen said that he understood the problem from the Staff paperwork in terms of platting but the two could not be heard together. Chairman Bowen asked if there was any one else who wished to speak in favor or in opposition. There being no one else to speak. Chairman Bowen closed the public hearing and asked for a motion. Mr. Tucker asked Mr. Royston if this property, zoned AG, was left out of the Master Plan although it was occupied. I I. I I I· I I I I -. I I I I I I I " I ( ~August lOt 1987 Page 2 Sign Ordinance. Councilwoman Moody stated the cover sheet was sent out wrong and she felt the City owed them the courtesy to reconsider it at th next Council meeting. Councilwoman Moody movedt seconded by Councilman Garvint torecon request of Fifth Avenue Dinettes at the August 24t 1987 meeting Motion carried 6-0. 5. REMOVAL OF ITEM(S) FROM THE CONSENT GENOA Councilwoman Moody removed Item Nos. 11 and 12 nd a citizen removed Item No. 14 from the Consent Agenda. . CONSENT AGENDA ITEM( INDICATED BY ASTERISK ( , 10, & 15) PPROVED Mayor Pro Tem Fisher moved seconded by Councilwoman MoodYt to approve the Consent Agenda. Motion carried 6-0. 7. N 87-74 AUTHORIZATION TO PROCEED WITH THE CLOSING OF FOUNTAIN STREET BETWEEN VENICE STREET AND DAWN DRIVE APPROVED C ncilman Davis movedt seconded by Councilwoman Hinklet to set the public earing for September 28, 1987. Motion carri~d 6-0. 8. GN 87-75 WATAUGA ROAD REALIGNMENT & STREET VACATION APPROVED Councilman Davis movedt seconded by Councilwoman Hinklet to set the public hearing for September 28, 1987. Motion carried 6-0. * 9. GN 87-76 CERTIFICATION OF PROPERTY TAX COLLECTION RATIO FROM JULY 1, 1987 THRU JULY 30 APPROVED *10. ~- 7 CHARTER AMENDMENT ELECTIONt -- ORDINANCE NO. 1476 APPROVED - - .. ..l<!J \0 . ·å,t<) F . I .(0 U\r- .f) ~c:-i + " '0,( Q1 :i 1.::1 H J,.I wS ,,'14.; , ì I 1>1 ~ .... ,. t-- § ~,' . I· ; CITY OF NORTH RICHLAND HILLS I 1 I I I I I I Department: Police Council Meeting Date: 09-28-87 Subject: Ordinance establishing a Police Operated Impound Area. Agenda Number: GN 87-108 a.nd a revision of the current Wrecker Ordinance #878, Ordinance No. 1490 Consideration is requested for approval of an improved Wrecker Ordinance intended to rescind Ordinance #878. The improved Wrecker Ordinance establishes Police Department responsibility for a City owned Vehicle Impoundment Area, specifies criteria for procuring wrecker permits by individuals, and sets forth-standards for the operation of a Rotation Wrecker Listing. A provision is included which establishes a single wrecker company, awarded by contract, to be used on all vehicle pulls made by Police authority. 'Þ Reconunendation: It is recommended that the attached Ordinance be adopted establishing the Police Impoundment Area, procedures for permitting wreckers, and the Police Department authorized wrecker. Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Acct. Number Sufficient Funds Available I e1;1~~ partment Read Signature ity Manager CITY COUNCIL ACTION ITEM . Finance Director . .' '. ,"'-. ,~'.J#': :' . Page 1 of - .......:.. ........~.. I: Ie I I I I I I I Ie I I I I I I I Ie I ~ ~ SECTION I - SECTION II - Table of Contents Page De fini t ion s. · · · · · ~ · · · · . · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1- 2 The Police Impoundment Area..............................2_3 SECTION III - Application for Permit...................................3_7 SECTION IV - Rejection of Application for Permits.....................7-8 SECTION V - The Rotation wrecker Listing.............................8_9 ·U SECTION VI - .. Non-consent wreckers.......................................9 SECTION VII - _.Solicitation of Wrecker Business Prohibited...............l0 SECTION VIII - Owner Request Wrecker.....................................l0 SECTION IX - SECTION X - SECTION XI - Solicitation of wrecker Business by City Employee.........l0 Inspection of Wrecker Facilities..........................l0 The Police Department Wrecker Service..................l0-ll SECTION XII - Suspension of Permits..................................11_12 SECTION XIII - Appeal of Suspensions.....................................13 SECTION XIV - Storage Fees....... .,..................................... .13 SECTION XV - Pen a 1 tie s for Vi 0 la t ion. · · · · · · · · . . . . . . . . . . . . . . . . . . . . . . . . . . 13 SECTION XVI - Unconstitutional Clause...................................13 , . I'~ Ie I I I I I I I Ie I I I I I I I i' I ORDINANCE NO. AN ORDINANCE ESTABLISHING A VEHICLE STORAGE FACILITY MAINTAINED BY THE POLICE DEPARTMENT AND PROCEDURES FOR ITS OPERATION; ESTABLISHING REQUIREMENTS AND STANDARDS FOR POLICE DEPARTMENT FRANCHISE WRECKERS, PERTAINING TO WRECKER EQUIPMENT ~ND THE OPERATION OF WRECKER COMPANIES; ESTABLISHING A PERMIT SYSTEM FOR POLICE DEPARTMENT APPROVED WRECKERS, INCLUDING CRITERIA FOR MEETING APPROVAL, CONDITIONS FOR MAINTAINING A WRECKER PERMIT, CRITERIA FOR SUSPENSION OR CANCELLATION OF A PERMIT, AND A WRECKER PERMIT FEE; ESTABLISHING AN AUTHORIZED ROTATION WRECKER LIST FOR CITIZEN REQUESTED WRECKER PULLS; ESTABLISHING A SINGLE AUTHORIZED WRECKER FOR WRECKER PULLS MADE UNDER POLICE AUTHORITY; PROVIDING PENALTIES FOR VIOLATIONS OF REQUIREMENTS UNDER THIS ORDINANCE; ESTABLISHING RATE FEES THAT WRECKER COMPANIES MAY CHARGE FOR PULLS MADE UNDER PERMIT. , ¡ BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas: SECTION I. 1-0 Definitions The following terms, where used in this ordinance, shall have the meaning and effect hereinafter set forth~ 1. Police Operated Vehicle Storage Facility: Short title, Police Impoundment Area. An area operated by the Police Department or its duly authorized representative primarily designed and designated for the storage and safekeepin.g of vehicles that were towed and impounded by Police authority. 2. Damaged l1otor; inoperativè or criminal acts. Vehicl-es: unsafe': as Any motor the result vehicle that is of a collis ion or 3. Abandoned Motor Vehicle: A motor vehicle that is left unattended on public property for more than 24 hours, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 24 hours, or a motor vehicle left unattended on the right-of-way of a designated county, state, federal highway, or a public roadway for more than 24 hours. 4. Motor Vehicle: A vehicle subject to registration under the Certificate of Title Act (Art. 6687-1, Vernon's Texas Civil Statutes). "Motor Vehicle" includes a motor boat, outboard motor, or a vessel subject to registration under Chapter 31, Texas Parks and Wildlife Code, and includes every vehicle which is self-propelled. 5. Vehicle: Every device in, or by which any person or property is or may be transported or drawn upon a public highway or roadway. 1 I'~ Ie I I I I I I I Ie I I I I I I I Ie I 6. Impounded Vehicles: Any vehicle held for safekeeping by the Police Department to include vehicles towed and stored by Police authority for violation of Federal, State, or Municipal codes or statutes, or in connection with a Police investigation. 7. Private Storage Facility: A garage, parking lot, or facility or establishment designed and operated for servicing, repairing, storing, or parking of vehicles~ 8. Owner of Vehicle: A person in whose name the vehicle is registered under the Certificate of Title Act (Art. 6687-1 Vernon's Texas Civil Statutes) or a person in whose name the vehicle is registered (Article 6675a-z, Vernon's Texas Civil Statutes), or a member of the persons immediate family; or a person who holds the vehicle through a valid lease agreement; or an unrecorded lien holder whose right to possess the vehicle exists through a chattel mortgage. . . ' 9. Wrecker: A vehicle designed exclusively for the task of safely towing, winching, or moving motor vehicles. 10. ~,Rotation Wrecker: A wrecker called through the Police ! Department 'by request of the vehicle owner when the owner f'has no specific wrecker to request and the vehicle is being towed to an area or location other than the Police operated vehicle storage facility. 11. Police Departmen·t Wrecker: The wrecker service called by Police authority to remove a vehicle from a location and deliver the vehicle to the Police impoundment area, or another location specified exc~usively by Police authority. 12. Wrecker SerJ'ice Permit: An annual permit issued by the Police Department to a wrecker company for individual wreckers i;n i.ts possession after meeting requirements set forth by t~is Ordinancé. 13. Wrecker Driver Permit: An annual permit issued by the Police Department to the driver of a permitted wrecker. 14. Owner Request Wrecker: Any wrecker that is requested specifically by name by the owner or operator of a motor vehicle. This wrecker is not required to be listed on the Rotation Wrecker List and is not required to be the Police Department Wrecker authorized by this ordinance. SECTION II. The Police Impoundment Area The Police Department will maintain and operate the Police impound- ment area. 1. The Police impoundment area will be enclosed completely by a secure fence at least 5 feet in height, and will be kept 2 I~ Ie I I I I I I I Ie I I I I I rotation with the I I Ie I locked at all times, except when accepting or releasing an impounded vehicle. 2. The Police impoundment area shall have an all-weather surface that makes delivery and release of vehicles feasible in all weather conditions. 3. The Police impoundment area shali have a sign posted at the main entrance, clearly visible and readable from the street, displaying the words "North Richland Hills Police Impoundment Area", the correct street address of the impoundment area, the telephone number where a vehicle release may be obtained, and the hours during which a vehicle may be obtained for release. 4. The Police impoundment area will be served by a lighting system capable of providing at least one foot candle of illumination where the vehicles are maintained, and at least ~ five foot candles of illumination at the entrance and in the . traffic lanes inside the fenced perimeter. 5. . Access into the Police impoundment area will be restricted to .,Authorized Police Personnel and the agents of the wrecker rservice authorized to make pulls for the Police Department. r."All other unauthorized entry into the impoundment area will be considered trespassing, and violators will be prosecuted according to prevailing State Law. 6. All vehicles pulled by the Police Department wrecker under the authority of the Police Department and all pulls of city owned vehicles wil] be impounded in the Police impoundment area unless a ranking supervisor in the Police Department authorizes different, but comparable impoundment accommoda- tions for investigative reasons. 7. Release of]veh~cles from the Police impoundment area is the sole respohsibility of the Police Department. No release will be obtained without proper authorization from the Police Department. SECTION 11"1. Application for Permit Consideration for approval for a wrecker permit to operate on the wrecker listing will be contingent on the applicant's compliance standards and requirements set forth herein. 1. No firm, corporation, partnership, or individual will be placed on the rotation wrecker list for the City of North Richland Hills unless they possess a current wrecker service permit from the City, all wrecker drivers hold current wrecker driver permits from the City, and are approved to operate the same. 2. No firm, corporation, partnership, or individual shall be permitted under more than one company name to hold more than one listing on the rotation wrecker list at any time. 3 1-: I . Ie I I I I I I I Ie I I I I I I I Ie I 3 · No firm, corporation, partnership, or individual will be permitted to remove a vehicle from a location under police control or direction without having a current permit from the City of North Richland Hills affixed to the wrecker certifying compliance with all the requirements set forth. 4. An applicant for a wrecker service permit must meet or exceed all of the following requirements: .t d. a. The wrecker service must have, in continuous serviceable operation, at least three (3) wrecker units. Each wrecker service shall have at least, but not limited to one wheel lift type towing unit or equivalent that can safely complete damage-free towing in a timely manner. The wrecker service shall have a trailer capable of carrying motorcycles, and dolly equipment capable of moving partial vehicles or vehicles with no wheels. Fach wrecker shall be not less than one ton in size and will be equipped with a boom, cable, tow bar, and a power takeoff winch capable of towing and winching normal sized vehicles (rated 8,000 pounds lift capacity minimum). Each wrecker shall carry as standard equipment: safety chains, a fire extinguisher, wrecking bar, broom, axe, flat blade shovel, flares, fusee, flags, and scotch blocks; and shall be equipped with emergency overhead rotating beacons wi~h amber lenses visible up to at least 500 feet. Each wrecker shall have a chain separate from the sling and cable assembly securely affixed to the boom or bed of the towing vehicle capable of being attached to the frame or secured to the towed vehicle for safety purposes. This chain must be in use if a vehicle is being towed. Each JVreGker shall have the name, address, and phone numbet of the wrêcker company inscribed on each side door thereof in non-magnetic letters of not less than three inches in height, contrasting in color from the painted surface they are on. Each wrecker that is included on the Police rotation wrecker listing will be required to be radio equipped for communications with the North RichlandHills Police Department on a frequency designated by' the Chief of Police or his designated representative. Each wrecker to be permitted will be inspected by the Chief of Police or his designated representative prior to approval to insure compliance with the above listed requirements. b. c. e. f. g. h. i. 5. Each wrecker company applying for a service permit shall pay a non-refundable $30.00 yearly application fee. Wrecker Service Permit Fees, once approved, shall be $10.00 annually for each wrecker for which a permit is desired and $5.00 annually for each driver permit desired. 4 1-. Ie I I I I I I I Ie I I I I I I I Ie I 6. All applications for wrecker service permits must furnish the Chief of Police or a designated police representative with the following: a. Information· divulging the names, dates. of birth, driver's license numbers, social security account number, addresses, telephone numbers, fingerprints and a recent photograph of all partners, individuals, or corporations which possess any equity interest in the applicant wrecker service. Individuals, partners, or corporations who may not have an equity interest in the applicant wrecker service, but serve in a capacity of managing any or all of the business affairs of the applicant wrecker service must also be included. . .. Ii b. A written application for each wrecker to be permitted in the City listing size, capacity, year, make, model, Vehicle Identification Number, registration, equipment description and any other information specified on the wrecker application form provided. c. The location of the applicant's storage facility where damaged or inoperative vehicles might De taken for safekeeping. d. A drawing of the applicant's storage facility showing size in feet, parking surface composition, lighting, and security facil,ities. Hours of operation and storage facility liability insurance coverage shall also be provided. e. A copy of insurance policies that list all covered vehicles held by the wrecker company indicating the coverages and amounts. Minimum Bodily Injury Liability and Property Damage for each wrecker vehicle will be no less than: $100,000/$300,000/$100,000. i - _ f. All individual permi t applications for each wrecker driver that will operate a wrecker within the City of North Richland Hills. Individual permit applications shall state the full, name, driver's license number (Class A or Class B), address and telephone number, along with other required information, including applicant's fingerprints, a recent photograph, and a notarized statement attesting to the correctness of the information submitted by the applicant. Fingerprints will be obtained by Police Department personnel at no cost to the applicant. g. A listing of all persons employed at the company's storage facility or general office which shall include each individual's full name, age, date of birth, address, telephone number, driver's license, and social security number. 5 I"· Ie I 7. The written application must contain a sworn statement by the owner or agent that the permitted wrecker service will comply with the standard and customary charges set forth in this ordinance. I I 8. It will be the responsibility of the wrecker company owner to maintain current and updated information on file with the Chief of Police or his designated representative. Updates involving changes in ownership, address, phone number, or personnel must be reported immediately. If a permitted driver's employment is terminated with a permitted wrecker company, that driver's permit becomes void. No new or substitute driver will be permitted until the required application and fees are received and an investigation conducted. Any changes or replacement of required vehicular hardware must be reported within 72 hours of the change and will be subject to inspection by the designated police representative to insure compliance with this ordinance. ~ Replacement equipment must meet the requirements of this · ordinance. I I I 9. . All wrecker companies desiring to be placed on the rotation .wrecker list shall certify that all cars towed from within '! the City limits of North Richland Hills will be stored in facilities designated by the Police Department or any such location agreed upon by the owner/driver of the vehicle and the wrecker company. All such wrecker company storage facilities will comply with the requirements set forth by the ordinance of the City in which they are located or by applicable state laws. They shall be enclosed by a permanent, secure fence and the gate shall remained locked. Wrecker company storage facilities must be located within 4 miles of the North Richland Hills City Limits. I Ie I I 10. Wrecker companies desiring to be placed on the rotation wrecker Ip.st,' shall -carry Garage Keepers Extra Legal liabilityïnsurance to~cover all vehicles stored; including damage due to fire, explosion, theft, riot, vandalism, and collision. I I 11. The rotation wrecker list shall be used for all vehicles in which a pull is requested through the Police Department by the owner/driver of a vehicle in which the owner/driver has no preference of a wrecker company. I I I Ie I 6 I~ Ie I I I I I I I Ie I I I I I I I Ie I .- 12. The Chief of Police or his representative shall issue permits to applicants complying with the provisions of this ordinance after the completed application (along with applicable fees) have been received, and the police repre- sentative has conducted an investigation on each applicant, owner, driver and agent of the applicant company. All permits shall expire annually at 12:00 noon on September 30. 13. All wrecker permits shall be visibly displayed on the inside lower left corner of the rear window of each wrecker operated within the City. 14. All wrecker services companies must comply with all applicable State statutes including but not limited to the Litter Abatement Act, ,the Abandoned Motor Vehicle Act, Garage Storage of Vehicles, Storage Lots, and others covering the operation of wreckers, wrecker companies and their facilities, equipment, and personnel. .~ Incomplete applications will not be accepted or considered. SECTION IV. r: Rejection of Application for Permits An application for permit may be rejected if any wrecker company is found guilty of any of the following çircumstances:' 1. Failure to complete the Permit Application paperwork. 2. Failure to cooperate with the Chief of Police or his designated representative during any of the investigations required for permit approval. 3. Refusal (0 :provide -. information as required by the applicatioh. 4. Refusal to submit to inspections of facilities or equipment. 5. Failure to pay required fees. 6. ,Any individual, partner, firm or corporation having a material interest in the wrecker service requesting said application being under indictment for, being convicted of, or having received probation for, any felony offense. Further, the application will be rejected if any individual, partner, firm or corporation having a material interest in the wrecker service requesting said application has had an Information filed, has been convicted of or has received probation for any misdemeanor offense where the defendant could be punished by confinement in the County Jailor other penal facility. 7 I". Ie I I I I I I I Ie I I I I I I I Ie I 7. Concerning application for wrecker driver permits: a. Any wrecker driver who is an applicant shall be rej ected if the applicant driver is violation of the guidelines set out in Section IV, Item number 6 which deals with felony or misdemeanor activity. b. Any wrecker driver applicant who does not hold a valid, current Texas Driver's License authorizing him to operate said wrecker with a vehicle in tow will be rejected. c. Any wrecker driver applicant whose driver's license is currently suspended will be rejected. d. Any wrecker driver applicant whose driving record includes more than three moving violations or chargeable collisions, or a combination of either in the past three years shall be rejected. SECTION V . .. The Rotation Wrecker Listing . All wrecker service companies desiring to be called for wrecker service by the. City of North Richland Hills shall request in writing to be placed on the: rotation wrecker list maintained by the Police Department. The rotation Wrecker listing will consist of permitted wrecker services who are ,requested by ci tizens through the Police Department when the citizen has no specific wrecker to request, and the vehicle is being towed to an area or location other than the Police I~poundment Area. 1. The Police Department shall maintain a Rotation Wrecker List. The list shall be maintained in alphabetical order which shall contain the name and addresses of each wrecker service company permitted. The first wrecker company on the list shall be notified. After the company at the top of the list receive a call then the company's name shall be placed on the bottom: of the ~'list and the next company shall be moved to the top of tne list and it shall receive the next call. This process shall 1:e repeated until each company providing wrecker service on the list has received a call, then the process will start over. 2. When a wrecker service is requested by the Police Department to make a call and the said company agrees to make the call then the company shall immediately proceed to the scene of the call. The company shall be given a reasonable length of time in which to reach the location. If the wrecker service answering the call has not reached the location within a reasonable length of time,. the officer at the scene may elect to call the next wrecker service on the list and that company shall have priority over that particular call. In the event that the wrecker service fails to comply with the provisions of this ordinance by failing to proceed to the designated place wi thin a reasonable length of time, this wrecker service shall be removed from the top of the list and placed at the bottom. In normal weather or traffic condi tions, "reasonable time" shall be construed as thirty minutes maximum. Should special equipment be needed or special circumstances exist that can be justified to police 8 I' Ie I I I I I I I Ie I I I I I I I Ie I officers at the scene causing a longer delay, "reasonable time" shall be construed as being·· forty five minutes maximum. 3. All wrecker services desiring to be placed on the Rotation Wrecker Lists which are called for wrecker service shall comply with the following schedule of rates. 1. Base Charge Wrecker Pulls (Normal) $45.00 2. Additional Charges to Base Charge a. Use of Dollies 25.00 b. Winching/Waiting/Standby Hourly Rate 60.00 (Fifteen Minute Increments) c. Drop Drive Shaft 15.00 d. Pulls 1 1/2 ton and greater 75.00 Waiting time first fifteen minutes, No Charge. . . . 4. Vehicles pulled by rotation wreckers must be available to be released from 8:00 a.m. to 5:30 p.m. Monday through Friday, and 8:00 a.m. to 12 noon on Saturdays. Vehicles can be picked up on Sundays by appointment with the rotation wrecker company responsible for the tow. 5. No damaged or inoperative motor. vehicle or trailer shall be removed by the owner or a wrecker service company from the scene of a collision or vehicle accident without notifica- tion to the North Richland Hills Police Department. 6. No person shall drive a wrecker to or near the scene of an accident within the City of North Richland Hills unless such person has been called to the scene by the owner of the vehicle or his authorized representative or by the Police Department. Each such wrecker operator, when called by the owner of a' disabled -trehicle or his authorized representa- tive, shall' notify the Police Dispatcher before proceeding to the scene of the disabled vehicle. 7. Debris at Accident Scene to be Removed - Each wrecker company called to the scene of an accident shall completely remove from the street all resulting wreckage or debris, including all broken glass, before leaving the site. SECTION VI. Non-consent wreckers: No person or firm shall operate a wrecker or wrecker business in any manner, directly or indirectly, within the city limits for the purpose of towing a vehicle without the direct and expressed consent of the owner of the vehicle being towed unless a permit has been issued for the operation of the wrecker by the City of North Richland Hi 11 s . 9 I', Ie I I I I I I I II I I I I I I I Ie I SECTION VII. Solicitation of Wrecker Business Prohibited - No persons shall solicit any wrecker business in any manner, directly or indirectly, on the streets of North Richland, Hills at or near the scene of an accident or of wrecked or disabled vehicles. SECTION VIII. Exceptions - an "Owners Request Wrecker" towing a vehicle under the direction of the vehicle owner is not required to meet the requirements of storage facilities, minimum number of wrecker units or extra insurance as required in Section III of this ordinance, However, said wrecker shall be required to meet equipment and permit requirements, as set forth in this ordinance, to tow a vehicle from any police department controlled scene or facility. SECTION IX. No ßmployee of the City of North Richland Hills shall recommend to any person, directly or indirectly, either by word, gesture, sign or otherwise, the name of any particular person or firm engaged in the wrecker business, nor shall any city employee influence or attempt to influence in any manner a decision of a person in choosing or selecting a wrecker operator. SECTION X. The Chief of Police or his authorized representative shall enforce this ordinance and make such inspection of facilities as deemed necessary, Any variance from the provisions of this ordinance must be approved in advance in writing by the Chief ùf Police. SECTION XI. The Police Department Wrecker Service The Police Depat-tment wrecker service shall be used for all vehicles on which a pull is required by the Police Department and called by Police authority to be towed to the Police Impoundment Area; such as illegally parked, inoperable, abandoned vehicles, vehi(:les involved in accidents where the owner is unable to request a wrecker, in situations where the driver is hospitalized or incarcerated, or vehicles seized or held as evidence in a criminal case. 1. The Police Department wrecker contract will be awarded on an annual basis through a competitive bid process, said contract to be effective October 1st of each year. 2. If a wrecker service desires to bid for the Police Department wrecker contract, the following requirements must be me t : a. The wrecker service mus t have complied with all the requirements for a rotation wrecker listing as detailed in Sections III, IV, V, VI, and VIII. The wrecker service must have valid City of North Richland Hills wrecker permits for all wrecker units and wrecker drivers. b. 10 I". Ie I I I I I I I Ie I I I I I I I Ie I c. The wrecker service must have in continuous, serviceable operation, at least three (3) wrecker units. It is not required for a bidding wrecker service to hold a listing on the rotation wrecker list, however if a wrecker service desires to be the operating police department wrecker, and operate as a rotation wrecker, at least four (4) COntinuously operating permitted wrecker units must be maintained. The Police Department wrecker service company must agree to comply with directives given by Police Department personnel during police department pulls, towing vehicles to the police impoundment area or any other location specified by the police department for investigative purposes. The Police Department wrecker service company will be responsible for all pulls made under police authority, whoatever the load demand. The Police Department wrecker service must equip all wrecker uni~s with both receiver and transmitter capability for communications with the Police Department on a frequency designated by the Police Department. d. e. f. II II 3. The Police Department wrecker service will not possess any right or privilege, express or implied, for usage of the police impoundment area, except where specifically authorized under this ordinance. 4. Agents, owners, and employees of the Police Department Wrecker service shall not remove or dismantle vehicles or parts of vehicles, nor remove or authorize removal of property from any vehicle or parts of vehicles impounded in the police impoundment area. SECTION XII. ~Suspension of Pe rmits Permits issued to wrecker services operating in the City of North Richland Hills are valid for the period specified or until suspended by the Chief of Police. 1. Wrecker permits issued to wrecker units may be suspended for any of the following reasons. a. Willful noncompliance with permit standards as detailed in Section III. Any condition created since original permit approval that would have been grounds for rejection under Section IV. Habitual failures to respond to requests for service from the police department. Knowingly falsifying, misrepresenting, or omitting information on the application for a permit. Failure to allow inspection of equipment, facilities, or records by the Chief of Police or his designated representative. Failure to respond in a timely fashion to calls from b. c. d. e. f. 11 I. Ie I I I I I I I Ie I I I I I I I Ie I the police department as per Section V, Item #2 of this Ordinance. 2. Wrecker driver permits issued to individual drivers may be suspended for any of the following reasons: a. b. c. d. e. .. f. . Any condition created since original permit approval that would have been grounds for rejection under Section IV, subsection 9. Driving the wrecker unit in violation of the Texas Motor Vehicle Laws, unless specifically ordered to do so by a police officer. Driving under the influence of intoxicants. Having his driver's license suspended by the Texas Department of Public Safety for any reason. An arrest, charge, or indictment for any felony or a misdemeanor where a person, if convicted, could be punished by confinement in a penal facility. An accumulative driving record showing more than three moving violations or chargeable collisions, or á combination of either during the term of the permit. SECTION XIII. 1; Appeal of Suspensions 1. If a wrecker permit or wrecker driver permit is suspended by the Chief of Police, and the company owner or wrecker driver affected wishes to appeal the suspension, he may do so, in writing to the City Manager. A copy of the appeal should be forwarded to the üffice of the Chief of Pol.ice to serve as notice of appeal. If the suspension is sustained by the City Manager, the company owner or wrecker driver affected may appeal the decision to the North Richland Hills City Council. The appeal should be made in writing, and copies forwarded to the Chief of Police, and the City Manager, to serve as notice of appeal. The decision of the City Council shall be final. 2. After suspension of the permit in question by the Chief of Police, and upon notice of appeal of the decision to suspend, said suspension shall be commuted to an administrative probation status for the permit holder until a final decision is rendered, or the appeal is withdrawn. During the administrative probationary period, prior to final disposition, the permit holder will be allowed to operate "business as usual" pending a final decision, without restriction, unless sU,ch a violation of law has occurred as a basis for the suspension, that it is in the best interest of the citizens of North Richland Hills to impose certain restrictions. It shall be the discretion of the Chief of Police, as approved by the City Manager, to impose such restrictions on the permi t holder as may be necessary to potentially protect the interests, the peace, and the dignity of the citizens of North Richland Hills. 3. If, on appeal, the suspension is overruled, then the permit holder shall he removed from administrative probation 12 I·.. Ie I I I I I I I Ie I I I I I I I I" I status, and returned to normal status with no further inconvenience imposed. 4. If, on appeal, the suspension is sustained, the permit holder shall surrender such permit fcund to be suspended to the Chief of Police or his representative immediately after the rendering of a final decision. SECTION XIV. Storage Fees The vehicle storage fees to be applied to impounded vehicles shall be ten dollars ($10.00) per day. SECTION XV. Penalties for Violation .. fa Any firm, ~orporation, partnership, or individual who shall operate a wrecker without a permit, or while a permit is under suspension, or knowingly violates any section of this ordinance shall be guilty of a misdemeanor, and shall upon conviction in a court of jurisdiction, be punished by a ,fine not to exceed two hundred dollars ($200.00). SECTION XVI. If any section, sub-section, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision will not affect the validity of the remaining portion of this code. PASSED AND APPROVED this day of , 19 Dan Echols - Mayor ATTEST: City Secretary - Jeanette Rewis APPROVED AS TO LEGALITY AND FORM: City Attorney - Rex McEntire 13 - ",'....--<'1;' -"';,p" " , '", "":""'T!:""" ,."....',.~.'"'f"'" " CITY OF NORTH RICHLAND HILLS Administration Department: .Ubject: Council Meeting Date: 9/28/87 Agenda Number: GN 87-109 Appointment to Boards/Commissions Place 1 Place 3 Place 4 Place 6 Place 7 Place 2 Alt. Place 5 Alt. Place 1 Place 3 Place 4 Place 5 Place 6 Place 2 Alt. Place 7 Alt. Third Alt. c. Board of Appeals Place 1 Place 2 Place 4 Place 5 Place 6 Place 3 Alt. Place 7 Alt. Source of Funds: Bonds (GO/Rev.) . Operating Budget Other Ron Hubbard Forest Grubbs Jack Roseberry Harold Schubert Billy Cypert Jim Kemp Mark Wood Don Bowen Carole Flippo John Schwinger George Tucker David Barfield Ron Lueck Manny Tricoli Orville Baker Joe Crane Eric Hill John Larriviere Robert Skinner Michael Dean Mary Narwood A. Board of Adjustments This board is statutory with five members appointed by a majority of the City Council. Expires September 1989 Expires September 1989 Expires September 1988 Expires September 1988 Expires September 1989 Expires September 1988 Expires September 1989 Mayor Pro Tem Fisher will supply the name for Place 5 Alternate Monday night. B. Planning & Zoning Board Official action to expand this board cannot be taken prior to positive vote for this Charter Amendment (November 3, 1987). Expires September 1989 Expires September 1989 Expires September 1988 Expires September 1989 Expires September 1988 Expires September 1988 Expires September 1989 Expires September 1988 Per conversation with Councilman Ramsey on September 23, 1987, George Tucker will be a voting member and Manny Tricoli an alternate. ¡ Rf1/~ Department Head Signature I City Manager CITY COUNCIL ACTION ITEM Expires September 1989 Expires September 1988 Expires September 1988 Expires September 1989 Expires September 1988 Expires September 1989 Expires September 1989 Finance Review Acct. Number Sufficient Funds Available . Finance Director e Page 1 of 2 I I I I I I I I I I I I I I I I I I I Civil Service Commission Charter provisions require five members appointed by the Mayor and confirmed by a two-thirds vote of the Council - further requires 2 two-year terms, 2 one year terms, and 1 three year term. Place 1 Place 3 Place 4 Place 5 Place 7 Place 2 Alt. Place 6 Alt. Lyle Welch Jeff Newsom George Pederson Jack Frisque Bob Roark Garry Cope Expires September Draw* Expires September Draw* Expires September 1988 (1 yr) Expires September Draw* Expires September Draw* Expires September 1988 Expires September 1988 *Places 1, 3, 5 & 7 initially will draw for terms; 2 - two year, 1 - one year and 1 _ three year. --- CITY OF NORTH RICHLAND HILLS I - ,'- ~ Ie I· I I I I I I Ie I I I I I I I Ie I @ CITY OF" NORTH RICH LAND HILLS TEXAS OFFICE OF THE MAYOR August 20, 198,7 Ref: CCM 003-87 Memo to: City Council From: Dan Echols, Mayor Subject: Boards and Commissions In our workshop session on Monday evening, we did not take into account some facts relating to certain boards and commissions. I will review each board/commission where a problem exists and suggest possible accommodations. A,. Board of Adjustments This board is statutory with five members appointed by a majority of the City Council. However, we can proceed in a similar ma~ner to that intended by allowing place appointment of both members and alternates and approved by a majority of the Council. .. " Place 1 Ron Hubbard Expires September 1989 Place 3 Forest Grubb Expires September 1989 Place 4 Jack Roseberry Expires September 1988 Place 6 Harold Schubert Expires September 1988 Place 7 Billy Cypert Expires September 1989 Place 2 Alternate Jim Kemp Expires September 1988 Place 5 Alternate Expires September 1989 Vacancies could be filled by a place alternate and the place vacated could appoint a replacement place alternate. B. Civil Service Commission Charter provisions require five members appointed by the Mayor and confirmed by a two-thirds vote of the Council - further requires 2 two-year terms; 2 - one year terms, and 1 - three year term. In a similar manner to "AII above, place nominations could be made by Council for members and alternates - appointed by the Mayor and confirmed by Council (2/3 vote). I Ie I. I I I I I I Ie I I I I I I I Ie I August 20, 1987 Page 2 Nominees: Place 1 Place 3 Place 4 Place 5 Place 7 Place 2 Alternate Place 6 Alternate Lyle Welch Jeff Newsom George Pederson Jack Frisque Bob Roark Garry Cope Expires September Draw* Expires September Draw* .Expires September 1988 (1 yr) Expires September Draw* Expires September Draw* Expires September 1988 Expires September 1988 *Places 1, 3, 5 & 7 initially would draw for terms: 2 - two year, 1 - 1 year and 1 - 3 year. Vacancies filled from alternates for the term being replaced. C. Planning & Zoning Board Official action to expand this board cannot be taken prior to positive vote for this Charter Amendment (November 3, 1987). Place 1 Mark Wood Expires September 1989 Place 3 Don Bowen Expires September 1989 Place 4 Carole Flippo Expires September 1988 , Place 5 John Schwinger Expires September 1989 Place 6 Manny Tricoli Expires September 1988 Place 2 Alternate David Barfie,ld Expires September 1988 Place 7 Alternate Ron Lueck Expires September 1989 Third Alternate George Tucker Expires September 1988 , D. Board of Appeals Rex will rewrite appointive ordinance ~ directed ~ Council, but he advises that this~boar,d would þe "unwieldy" with seven members. It has an investigative,deli~era:tive mfssion and originally had three members - expanded to five currently. . Place 1 Place 2 Place 4 Place 5 Place 6 Orville Baker Joe Crane Eric Hill John Larriviere Robert Skinner Expires September 1989 Expires September 1988 Expires September 1988 Expires September 1989 Expires September 1988 At Council pleasure, these may be alternates or members: Place 3 Place 7 . Michael Dean Mary Norwood Expires September 1989 Expires September 1989 E. Industrial Development Committee It is recommended that the appointment of this committee be postponed in order to coordinate with Economic Development proposals by Worth Blake. I Ie I I I I I I I Ie I I I I I I I Ie I --:. August 20, 1987 Page 3 Place 1 Place 2 Place 3 Place 4 Place 5 Place 6 Place 7 Alternate Sandy Bartek E.F. Crites Robert Harrison Charles Brinkley Charles Owen James Walker Cliff Stevens Tommy Brown Expires September 1989 Expires September 1988 Expires September 1989 Expires September 1988 Expires September 1989 Expires September 1988 Expires September 1989 Expires September 1988 F. The following boards/commissions will appear on the agenda with membership as agreed. 1. Cable TV Board Rex had rewritten ordinance for eleven members. Will rewrite to seven members. Place 1 Bob Langson (TCJC) Expi res September 1989 Place 2 Byron Sibbet Expires September 1988 Place 3 Gaye Ingram (BISD) Expi res September 1989 Place 4 Ray Fulenwider (clergy) Expires September 1988 Place 5 Bette Robinson Expires September 1989 Place 6 Edward Pat Carruth Expires September 1988 Place 7 E. o. Jackson Expires September 1989 2. Library Board Place 1 Polly Brinkley Expires September 1989 , Place 2 Jan Daniels Expires September 1988 Place 3 Mickey Oxford Expires September 1989 Place 4 Mattie Belle Lewis Expires September 1988 Place 5 Clyde Zellers Expires September 1989 Place 6 Kay 'Schmi.dt Expires September 1988 Place 7 cMi chael' Fri tz Expires September 1989 Alternate Roxy Hamilton Expires September 1989 3. Park & Recreation Commission Place 1 Ron Parks Expires September 1989 Place 2 Wade Parkey Expires September 1988 Place 3 Robert Fenimore Expires September 1989 Place 4 Don Tipps Expires September 1988 Place 5 David McGilvary Expires September 1989 Place 6 Douglas Davis Expi res September 1988 Place 7 Sharon Battles Expires September 1989 Alternate Bobby Lambert Expires September 1989 All boards and commissions should annually elect a chairperson and secretary. ~ Dan Echols CITY OF NORTH RICHLAND HILLS Department: Public Works _ Council Meeting Date: 9-28-87 eUbject: AdQption of Resolution Confirming Cooperation and Agenda Number: GN 87-110 Participation in Tarrant County's Community Development Block Grant Program, 1988-1990 - Resolution Number 87-28 This is a resolution confirming our participation in Tarranty County's CDBG program. The resolution stating our cooperation is required by the Housing and Community Development Act of 1974 in order for our city to join in with the County on obtaining our Federal allocation of the Block Grant funding. Recommendation: The staff recommends approval of adopting the attached Resolution. Finance Review Source of Funds: Bonds (GO/Rev.) , Operating Budget eOthe Acct. Number Sufficient Funds Available ¡¿f1~ City Manager . Frnance Director CITY COUNCIL ACTION ITEM Page 1 of 1 I Ie I I I I I I I Ie I I I I I I I Ie. I ........ ..~, -. .~A. V"v1v~.. ..~~ ~.. ~~""~~.. iø: * tc\: ~< >(: .1...0& >. .. ~i ~ .. ... , . 1ft · ..- ........ TARRANT COUNTY MANAGEMENT RESEARCH SERVICES Clete McAlister Director September 16, 1987 Dear Mayors: It is time to secure cooperation agreements from all the non-metropolitan cities participating in the Tarrant County Consortium. The agreem~nts will enable us to obtain Block Grant funding from the Federal allocation provided under Title I of the Housing and Community Development Act of 1974. The qualification process for urban counties has provisions for the inclusion of local units of government that split between more than one county to join completely with an urban county or remain split. Once a split city has signed the Cooperation Agreement, the city's entire jurisdiction is covered by Tarrant County's entitlement. In other words, a city cannot apply for funding through two different counties. The total available money for which Tarrant County is eligible in FY 1987 is~$2,349,000. As each city -is aware, it may choose not to participate with the Consortium during any funding year. However, since the program has ,.been of great benefit to the ci ties of Tarrant Count;,y in '. the past and has the potential for even greater benefits~ in the future, the County feels it would be in each city's best interest to participate in the County's program as established by the Mayors' Council of Tarrant County. In this way, each city will be assured of a voice in deciding how to spend a guaranteed amount. Should a city decide to opt out of the Consortium, it would be ineligible for Tarrant County"s Urban Block Grant funding for three years. It should also be noted, however, that a city is ineligible to compete for grants under the small cities or state CDBG programs as long as it remains a part of the Consortium. Tarrant County should be notified .at the following address no later than October 15, 1987 should your city decide to opt out: Tarrant County Management Research Services 100 E. Weatherford Street, Room 404 Fort Worth, TX 76196-0134 Administration Buildine · 100 E. Weatherford Street . Fort Worth. Texas 76196-0134 . 817/334-1267 I Ie I I I I I I I Ie I I I I I I I Ie I September 16, 1987 Page 2 A copy of the Cooperation Agreement is enclosed for review and adoption by your City Council. This must be signed and returned no later than October 28, 1987 to the Tarrant County Management Research Services Department. The 1988 urban county qualification process for the Community Development Block Grant program (Cooperation Agreements) has been included on the Tarrant County Mayors' Council October 5 agenda. However, should you or your staff have any questions concerning the grant program in general or the Cooperation Agreements please do not hesitate to call me at (817) 334-1733 or Patricia Ward, Associate Planner, at 334-1736. Sincerely, ~:71~ Clete McAlister, Director Management Research Services cc: City Secretaries I· I Ie I I I I I I Ie I I I I I I I Ie I RESOLUTION REGARDING CITY OF'S PARTICIPATION IN TARRANT COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE THREE PROGRAM YEAR PERIOD, JULY 17, 1988 THROUGH JULY 16, 1990 WHEREAS, the 93rd Session of the Congress passed and the President of the u.s. signed into law, the Housing and Community Development Act of 1974 for the specific purpose of developing viable communities, and WHEREAS, Tarrant County has been designated as an "Urban County" by the Department of Housing and Urban Development entitled to a formula share of program funds provided said County has a combined population of 200,000 persons in its unincorporated areas and units of general local government with which it has entered into cooperative agreements, and WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas counties to enter into cooperative agreements wi th local governments for essential Communi ty Development and Housing Assistance activities, and .' . WHEREAS, through cooperative agreements Tarrant County has authority to carry activities funded from annual Community Development Block Grant (CDBG) from Federal Fiscal Years 1988, 1989, and 1990 appropriations and from any program income generated from the expenditure of such funds, and WHEREAS, Tarrant County and the City of agree to cooperate to undertake, or assist in undertaking, communi ty renewal and lower income housing assistance activities, specifically urban r,enew~l and publicly assisted housing, and WHEREAS, Tarrant County and the City of shall take all actions necessary to assure compl iance with the Urban County's certification required by section 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the civil Rights Act of 1964, and Title VIII of the Civil Rights Act of 1968, section 109 of Title I of the Housing Community Development Act of 1974, and WHEREAS, the Ci ty of agrees to inform the county of any income generated by the expenditure of CDBG funds received, and that any such progra~ income must be paid to the County to be used for eligible activities in accordance with all Community Development Block Grant requirements, and WHEREAS, Tarrant County is responsible for monitoring and reporting to u.s. Department of Housing and Urban Development on the use of any such program income and that in the event of close-out or change in status of , any program income that is on hand or received subsequent to the I ;' .. I Ie I I I I I I Ie I I I I I I I Ie I close-out or change in status shall be paid the county, and WHEREAS, the City of agrees to notify Tarrant County if any modification or change in the use of the real property from that planned at the time of acquisition or improvement including disposition, and further agrees to reimburse the County in an amount equal to the current fair market value (less any portion thereof attributable to expenditure of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations, and . WHEREAS, any money generated from disposition or transfer of property will be treated as program income and returned to the county prior to or subsequent to the close-out, change of status or termination of the cooperation agreement between county and the City of ; NOW, THEREFORE, BE IT RESOLVED, by the ci ty of , that the City Council of , Texas supports the application of Tarrant county funding of Housing and Community Development Act of 1974, and asks that its population be included for three successive years with that of Tarrant County, Texas to carry out Community Development Program Activities Eligible for Assistance under Public Law 93-383, and authorizes the Mayor of , Texas to sign such addi tional forms as requested by the Department of Housing and Urban Development pursuant to the purposes of the Resolution, and further that the city of , Texas understands that Tarrant County will have final responsibility for selecting projects and filing annual grant requests. PASSED AND APPROVED ,THIS . ; ¡ day of ,1987 ATTEST: APPROVED: CITY SECRETARY MAYOR Commissioners' Court Clerk County Judge ~.;c".:!_.. ,<;.. .~,_._' ~.. . "" CITY OF NORTH RICHLAND HILLS Purchasing - Council Meeting Date: 9/28/87 Increase PO #00129 to Hudiburg Chevrolet in the amount PU 87 38 Agenda Number: - of $9,995 for one vehicle. The proposed 1987-88 Budget as tentatively approved by the City Council includes the position of Right of Way Agent) and final action on the budget is scheduled for this Council meeting. If approved, t'he Right of Way Agent position will require a City vehicle. At the Council Meeting of September 14, 1987, Agenda Number PU 87-37, Council approved the purchase of cars and trucks from Hudiburg Chevrolet (copy attached). Because of the extremely good price we obtained, it would be most advantageous to increase the Celebritys by one and the amount of $9,995. Recommendation: Authorize the Director of Support Services to increase PO #00129 by one vehicle in the amount of $9,995. Fundino Source: 02-09-86-6600 13-00-95-6600 $4,997.50 (1/2) 4.997.50 (1/2) $9,995.00 Finance Review Acct. Number See Above Sufficient Funds Available . Finance Director x .~ Department Head Signature CITY COUNCIL ACTION ITEM Page 1 of CITY OF NORTH RICHLAND HILLS ( Department: Purchasing . -_ Council Meeting Date: 9/14/87 Award bid to the lowest bidder, Hudiburg Chevrolet for _ b· t (5) Chev. Celebrity's, (2) ! Ton Pickups & (1) S-lO PU PU 87-37 U Jec : Agenda Number: in the amount of $78,438. On August 20, 1987, sealed bids were opened for (5) 1988 Chevrolet Celebrity's, (1) 1988 S-lO Pickup truck, and (2) 1988 ! Ton Pickup Trucks. The results are ~-:. as follows: ···'J3i:: .. .~>~?,;~.: ,~:., -,' '!.,f; , , .j;..~' '.~ i'~~{',.I,~, , A CHEVROLET CELEBRITY Quantity(5) ) ~~.t~ ~:....,.... "';'", . VENDOR EXCEPTIONS UNIT PRICE TOTAL PRICE ','. ì¡j:X.~,.,: ,.:~: )':': ':"~j¡.I" ";' ';;y:' - -,::,~>,~t:A Bounds Chev. '<;~l~ Graff Chev. ,~~Vf;~'A ' Jack Williams ·~~iJJ,~,tHudibUrg o 1 o 1 o $ 10,460 10,306 9,995 No Bid $ 52,300 51,530 49,975 .....~...... " Ji'",ø -/ '::;; ';':'t," ,: ,). ";:~" B S-10 PICKUP TRUCK Quant_ity(l) B Bounds Chev. B Graff Chev. B Jack'Williams B *Hudiburg o o 1 1 o $ 8,836 8, 8'00 8,623 No Bid $ 8,836 8,800 8,623 C ~ TON PICKUP TRUCK Quantity(2) C Bounds Chev. 1 $ 10,254.23 $ 20,508.46 C Graff Chev. 3 9,935.00 19,870.00 C Jack Williams 2 9,878.00 19,756.00 C *Hudiburg .'. ! 2 9,9.20.00 19,840.'00 - All exceptions to specifications are acceptable. Recommendation Award bid to the lowest bidder, * Hudiburg Chevrolet for (5) Chevrolet Celebrity's. (2) ~ Ton Pickups and (1) 8-10 Pickup in the amount of $78,438. FUNDING SOURCE 2 each 01-70-02-6600 3 each 01-80-02-6600 2 each 01-90-05-6600 1 each ~ CIP 13-00-95-6600 ~ CIP 12-09-86-6600 - Finance Review Acct. Number See above un~~le~ ~ . Finance Director Department Head Signature CITY OUNCIL ACTION ITEM City Manager Page 1 of I CITY OF NORTH RICHLAND HILLS Purchasing - Council Meeting Date: 9/28/87 Agenda Number: PU 87-39 Rejection of Bids for Type I 1988 Ambulance On September 17, 1987, sealed bids were opened for a Type I, 1988 Ambulance. The result of the bid opening is as follows: Vendor' Exc:eDtions Amount A. Eagle No Bid B. Collins 13 $57,627.00 c. Southwest 6 $55,205.00 D. Southwest 6 $53,645.00 (alternate) The bids were reviewed by Fire Chief, Stan Gertz, Assistant Chief'_, Mike Duncan, and the purchasing staff. The unanimous opinion was reject all bids based on the exceptions to the ambulance module. vendors have bid a basic production module which is diametrically opposed to our existing ambulance fleet. The contradistinction between our specifications and the vendors proposals is totally unacceptable. to Both Recommendation: Rejection of all bid proposals and authorize the Director of Support Services to resolicit proposals. Source of Funds: Bonds (GO/Rev.) , Operating Budget Other Finance Review Acct. Number N/ A ds Available , Finance Director Department Head Signature CITY C UNCIL ACTION ITEM ,~ City Manager Page 1 of Vendor Exceptions Amount A. Neel & Associates 0* $166,866 I <American Eagle) less 1 II 500 $165,366 I * B. Riggs First Line 0 $166,794 (E-l) .Ubject: ~ I CITY OF NORTH RICHLAND HILLS Department: Purchasing Award bid to *Riggs First Line (E-1) for one (1) Class A~ Triple Combination Pumper Fire Truck in the amount of $166,794. Council Meeting Date: 9/28/87 Agenda Number: PU 87-40 'On September 14, 1987, sealed bids were opened for a Class A, Triple Combination Pumper Fire Truck. The results of that bid are as follows: Delivery 180 days 90 days Earlier this year the Fire Department rec~ived a pumper from E-l. Staff is very pleased with the quality of this unit and the performance by E-l to meet the delivery time as quoted. It is in the best interest of the City to standardize the fleet whenever possible. In addition, John Whitney, Director of Support Services and Fire Chief, Stan Gertz, visited both vendors manufacturing sites earlier this year. E-l is a main line manufacturer with a solid reputation and their facilities were modern, efficiently laid out with an abundant inventory of manufacturing parts. The last pumper placed on order from Rj,ggs First Line (E-l) was February 10, 1987, and received on April 27,1987. * Even though Neel & Associates <American Eagle) is low bidder, $1.428 dollars difference, Neel & Associates <American Eagle) having placed the clause in their specification stating, lilt is the intent of American Eagle to meet or exceed your specification, however, due to construction methods used in manufacturing our apparatus, American Eaqle's specification shall prevail. II? The design of the American Eagle is not the same as our specification. It is unclear how these changes will affect the overall work ability of our apparatus. Staff recommends award bid to Riggs First Line (E-l). Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other . Finance Director Two CITY COUNCIL ACTION ITEM PaQe 1 o-r 2 -t-:--~~_._---------------- ------ - - I- I I I I I I I . I I I I I I I I Fundinq Source: At the budget retreat it was the recommendation from Staff that City Council consider funding of a fire pumper truck and ambulance unit from General Fund Reserves. The estimated amount at that time was approximately $210,000. However, the actual bid amount for the pumper as indicated above is $166,794 and the estimate for the ambulance is approximately $62,000 or a total amount of approximately $229,00 A detail of the proposed funding is listed as follows: FROM: General Fund - Fund Balance 01-00-00-1000 $229,000 TO: Fire Department Equipment 13-90-86-6600 $229,000 Recommendation: Award bid to *Riggs First Line (E-l) for a Class A", Triple Combination Pumper in the amount of $166,794. It is also recommended that the funds be appropriated as indicated above and sealed bids be solicited for the ambulance unit. CITY OF NORTH RICHLAND HILLS 1---.- j . I Department: Utility -'SUbject: Amendment to Water Service Contract With Citv of II Fort Worth - Ordinance No. 1491 I The attached proposed ordinance will amend the March 19, 1964 water service contract with the City of Fort Worth. The amendment will allow the City of Fort Worth during I fiscal year 1987-88 to charge the water service rates as determined by Touche Ross & ~I CO. in their study"dated September 1, 1987. The methodology used in the study was based on determination of wholesale water revenue requirements with rates set accordingly. The City of Fort Worth and the Wholesale Water Rates Steering Committee cooperated in selection of the consultant and review of the findings. I The amendment will only allow the yearly adjustable rates to be charged for one year, after which time we will revert back to the five year adjustable rate system I as outlined in the original contract. During this one year period, it is the City 'of Fort Worth's and the Wholesale Water Customers' intention to renegotiate a new water service contract to their mutual benefit. The existing contract, if not · amended, would provide a 14.3 per cent increase in the wholesale water rate charged by Fort Worth for water sold to North Richland Hills; whereas, the attached proposed ordinance provides for no increase. I I I I I , I " Source of Funds: Bonds (GO/Rev.) Operating Budget .. Other 1 r-'l I . CITY OF NORTH RICHLAND HILLS Council Meeting Date: 9-28-87 Agenda Number: PW 87-31 Recommendation: The staff recommends approval of Ordinance No. 1491 adopting an amendment to the City of Fort Worth's Watèr Service Contract as described above. Finance Review Acct. Number Sufficient Funds Avai lable" £tŒ~ , nt Head Signature · City Manager CITY COUNCIL ACTION ITEM , Finance Director 1 Paae 1 of I Ie I I I I I I I Ie I I I I I I I Ie I ORDINANCE NO. 1491 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The Mayor be, and is hereby, authorized to execute the attached document entitled "First Amendment to City Secretary Contract No. 494711 as the act and deed of this City. PASSED AND APPROVED this 28th day of September, 1987. Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: Attorney for the City I FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 4947 ~ I This Agreement entered into this day of , 1987, by and between the City of Fort Worth and City of North Richland Hills. I WHEREAS, the City of Fort Worth and City of North Richland Hills entered into a contract for water service dated March 19, 1964, same being City of Fort Worth I City Secretary Contract No. 4947; and I WHEREAS, the City of Fort Worth and City of North Rich1and Hills are desirous I of amending said City of ~ort Worth Secretary Contract Number 4947; NOW, THEREFORE, the City of Fort Worth and City of North Richland Hills agree-as I follows: 1. I Paragraph 5, Section 3(b), is hereby amended and, after having been so amended, shall read as follows: ~ "b. Commodity Charge and Rates of Use Charge. I "Except for fiscal year 1987-1988, the rate shall be reviewed and adjusted every five (5) years beginning in fiscal year 1988-1989. The cost related to the production and transmission function of distributing treated water to the Fort Worth city limits in wholesale quantities plus a service charge shall be determined in accorqance with the methods herein. Such costs shall be projected through the City of Fort Worth fiscal year 1991 to establish the fair rate for water to be charged during the period October 1, 1988, to September 30, 1993. The adjusted rate shall be made effective October 1, 1988. A similar review and rate adjustment shall be made for each succeeding five year period for the term of this contract. For the rates for the five (5) years beginning 1988-1989, the Touche Ross study dated September, 1987, and computer model included therewith shall be used by Fort Worth to project the rates to be charged for said five (5) year period. I I I I "For the period October 1, 1987, to September 30, 1988, the rates indicated and the detail methodology used in the study conducted by Touche Ross & Co., dated September 1, 1987, will be adopted." .- I I 2. Every other term, condition and/or covenant contained in City of Fort Worth 4IÞCity Secretary Contract Number 4947 not amended hereby shall be unaffected hereby I and shall continue in full force and effect. I I Ie ATTEST: CITY OF FORT WORTH BY: I City Secretary I APPROVED AS TO FORM AND LEGALITY: I City Attorney Date: I ATTEST: CITY OF NORTH RICHLAND HILLS I By: City Secretary I APPROVED AS TO FORM AND LEGALITY: I City Attorney Ie Date: I I I I I I I Ie I CITY OF NORTH RICHLAND HILLS Department: Public Works ~Ubject:Final Pay Estimate #3, to Atkins Brothers Equipment Company, Inc. in the Amount of ~25,027.80 - North Rich1and Boulevard and Lariat Trail Source of Funds: Bonds (GO/Rev.) - --.GíL.. Operating Budget _ _Other ~ ~ Department Head Signatur CITY COUNCIL ACTION ITEM 9-28-87 Council Meeting Date: Agenda Number: PAY 87-6 This contractor has completed this job in a very efficient manner and without major complaints from the citizens of North Rich1and Hills. The contractor's time was under the time that was bid on the job. Funding Source: A total of $79,981 was budgeted in Account Number 13-00-57-6150 for this proj.ect. Total cost including this final estimate are $81,244. It is requested that $1,263 be appropriated from Unspecified Account No. 13-90-99-4600 to cover the as build costs. Recommendation: ! The staff recommends approval of final pay estimate #3 in the amount of $25,027.80 to Atkins Brothers Equipment Company, Inc. It is also recommended, that the additional $1,263 be transferred from Unspecified as indicated above. Finance Review Acct. Number See above Sufficient Funds Available , Finance Director City Manager Page 1 Of I ~ ~ Ie I I I I I I I Ie I I I I I I Ie I I ,-- &--E.rJ~ KNOWL TON-ENGLlSH-FLOWERS, INC. CONSUL TING ENGINEERS / Fort Worth-Dallas S~ptember 14, 1987 Honorable Mayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-233, CITY OF NORTH RICHLAND HILLS NORTH RICHLAND BLVD. & LARIAT TRAIL CONTRACTOR'S FINAL PAY ESTIMATE NO. 3 Enclosed is one copy of the Contractor's Final Pay Estimate No. 3 dated September 10, 1987, made payable to Atkins Brothers Equipment Co. Inc., in the amount of $25,027.80, for materials furnished and work performed on the referenced project as of September 9, 1987. This project includes storm drainage improvements along the rear of four residential homes, located on Circle Drive North, and in North Richland Blvd. Also included in this project is a parallel storm drain between two homes on Lariat Trail just west of ' the Cars ton Court Addition. Ye would note that the North Richland Blvd. storm drain discharges into an open earthen ditch on the Daymer Corp. property. This property is presently undeveloped and when it does develop the ditch will be replaced by an underground storm drain. Since this offsite drainage channel is located in a narrow IS· foot wide drainage easement, the walls of the earthen channel are ~elatively steep. Ve would su~est that the City o~tain a letter or ~mpórary construction easement from the Daymer Corpora cion permitting City forces to widen the drainge channel and flatten out the walls of the channel to help reduce potential erosion of the channel walls. The quantities and conditions of the project have been verified on-site by YOUl representative, Larry D. Jones, as indicated by his signature on the estimate, and we have checked the item extensions and additions. The project was completed before the contract completion date of September 11, 1987, therefore no liquidated damages were incurred. The contract amount was $79,980.70 based on contract unit prices and estimated quantities of construction. Actual contractor earnings total $81,243.33, which is $1,262.63 over the contract amount, or 1.58-percent. The two (2) year period of maintenance begins on this date, and therefore, will terminate on September 14, 1989. The maintenance obligation includes Continued next page ... 1901 CENTRAL DR., SUITE 550 · BEDFORD, TEXAS 76021 . 817/283-6211 . METRO/267-3367 I , ~ ~. Ie I I I I I I I Ie I I I I I I Ie I I September 14, 1987 FINAL ESTIMATE 2 Page repair of all water, sanitary sewer, or storm sewer breaks or stoppage, and repair of other equipment furnished and installed under this contract. Tthe maintenance obligation also includes sealing of pavement cracks, repair of pavement buckling or other failures resulting from storm drain backfill settlement or other subgrade failure, along with failure of all concrete flatwork and other concrete structures such as storm drain vaults and inlets. Ve recommend that this final payment, in amount of $25,027.80, be made to Atkins Brothers Equipment Co. Inc., 918 V. Marshall, Grand Prairie, Texas 75051. Ve will be present at the September 28, 1987, Council meeting to answer any questions you may have concerning this project. U;, RICHARD V. ALBIN, P.E. RVA/lld Enclosures cc: Mr. Rodger N. Line, City Manager Mr. Dennis Horvath, Assistant City Manager ~ Mr. Gene Riddle, Director of Public Vorks ~ Mr. Greg Dickens, P.E., Assistant Director Mr. Lee Maness, Director of Finance Mr. Jim Cook, Assistant Director of Finance Mr. Larry Jones, City Inspector Atkins Brothers Equipment Co. Inc. of Public Yorks CITY OF NORTH RICHLAND HILLS Department: Public Works eUbject: Final Pay Estimate 1110 - Street, Water & Drainage Improvements Along Ashmore Drive, Rogan Drive & Lynn Terrace Council Meeting Date: 9-28-87 Agenda Number: PAY 87-7 SRO Asphalt, Inc. has completed the subject project within the contract time period bid. Contractor was inadvertly overpaid on this project by $165.41. The overpayment occurred due to the Contractor miscalculating the quantity amount constructed on the previous Estimate #9 under Item No. 15. The Contractor's calculations were based on "square feet" when they should have been based on "square yards". The amount of difference between the calculations was an overpayment of $31,478.40. The 5% retainage on Estimate #9 was $27,861.85. Due to other minor adjustments in final quantities, the final pay estimate shows we overpaid the Contractor by the amount of $165.41. The procedure for checking the contractors' calculations has been reviewed and improved in an effort to minimize the possibility of a recurrence of this type of error. Recommendation: I The staff recommends to collect overpayment amount of $165.41 from SRO Asphalt, Inc. I Finance Review Acct. Number Sufficien ds Available . Finance Director City Manager I CITY COUNCIL ACTION ITEM Page 1 of 1 'Á ).J Ie I I I I I I I Ie I I I I I I Ie I I 6 ~8&- KNOWLTON-ENGLISH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas September 22, 1987 Honorable Hayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Tex~s 76180 Re: 3-227, CITY OF NORTH RICHLAND HILLS STREET, VATER & DRAINAGE IMPROVEMENTS ALONG ASHMORE DR., ROGAN DR. & LYNN TERRACE FROM GLENVIEV DRIVE CONTRACTOR'S FINAL PAY ESTIMATE NO. 10 Enclosed is one copy of the Contractor's Final Pay Estimate No. 10 dated September 18, 1987, made payable to SRO Asphalt, Inc., for materials furnished and work performed on the referenced project as of September 18, 1987. Computation of final quantities indicates a previous overpayment of $165.41 to the Contractor. Therefore, the Contractor should be required to refund $165.41 to the Cjty. ,This project includes paving, drainage, and utility construction in Ashmore Drive, Rogan Drive, and Lynn Terrace from Glen.view Drive to I.H. 820, east of Booth Calloway Road. A change order was added to this Contract for parking lot improvements on City Park property located on Vatauga Road across from the Municipal Complex Site. The quantities and conditio~s of.the project have been verified on-site by your representative, Hr. Flòyd McCallum, as indicated by his signature on the estimate, and we have checked the item extensions and additions. Ve understand that City forces have monitored trench densities, and in the absence of any negative reports, we have no objection to this final estimate. The original scheduled contract completion date was April 22, 1987. The contractor was delayed by the City as a result of a decision by the Council to replace all curh and gutter and driveways on all streets included in this project which front on residential property. Ve do not have an accounting of the time delay associated with this change. The contractor also performed extra work including the City Park property parking lot paving on Vatauga Road along with additional curb and gutter and driveway replacement on Rogan without requesting additional time. The contractor was again delayed by the City while waiting for authorization to pro~eed with the Vance Road extension. This change order was not implemented, however. Ve have not received any letters from the Continued next page ... 1901 CENTRAL DR., SUITE b5ú . BEDFORD, TEXAS 76021 · 817/283-6211 · METRO/267-3367 f ~). J ~ Ie I I I I I I I Ie I I I I I I Ie I I September 22, 1987 FINAL ESTIMATE Page 2 Contractor requesting time extensions. Although we do not have an accurate substantial completion date for this project, we would guess that the contractor might have been finished by the scheduled completion date if the extra work had not been added to this contract by the City. Therefore, we do not recommend assessment of liquidated damages for this project. The original contract amount was $474,348.54 based on contract unit prices and estimated quantities of construction. Actual contractor earnings total $535,468.53, which is $61,119.99 over the original contract amount. The parking lot change order amount was $10,344.40, and extra curb and gutter and driveway construction totaled $49,621, which accounts for most of the $61,119.99 above the original contract amount. Change orders and extra work amount to about 13-percent over the original contract price. The two (2) year period of maintenance begins on this date, and therefore, will terminate on September 22, 1989. The maintenance obligation includes repair of all water, sanitary sewer, or storm sewer breaks or stoppage, and repair of other equipment furnished and installed under this contract. The maintenance obligation also includes sealing of pavement cracks, repair of pavement buckling or other failures resulting from storm drain backfill settlement or other subgrade failure, along with failure of all concrete flatwork and other concrete structures such as storm drain vaults and inlets. Ve recommend that this final credit, in amount of $165.41, be refunded to the City from SRO Asphalt Inc., 1007 Harrison Ave., Arlington, Texas 76010. Ve will be present at'the SßPte~ber 28, 1987, Council meeting to answer any questions you may~have concerning this project. &~ (jj OiL:- RICHARD V. ALBIN, P.E. R\lA/lld Enclosures cc: Mr. Rodger N. Line, City Manager Mr. Dennis Horvath, Assistant City Manager Hr. Gene Riddle, Director of Public \lorks , » Hr. Greg Dickens, P.E., Assistant Director of Public Vorks ~ Hr. Lee Maness, Director of Finance Mr. Jim Cook, Assistant Director of Finance Mrs. Donna Heishman, Special Project Accountant Mr. Larry Jones, City Inspector SRO Construction Co. CITY OF NORTH RICHLAND HILLS Department: Public Works ~Ubject: Final Pay Estimate #4, to Leonard Hazel, Inc. in the Amount of $46,491.99 - Miscellaneous Water & Sewer Improvements 1986 Council Meeting Date: 9-28-87 Agenda Number: PAY 87-8 Leonard Hazel, Inc. has completed the subject project prior to expiration of the contract time bid. Final payment. request of $46,491.99 by the contractor is based on a total project cost of $312,529.26. The original contract amount was $311,402.35. Minor field changes requested by the City was the cause for the additional cost of $1,126.91. Funding Source: The minor changes requested by the City will cause a small cost overrun for this project. The additional funding required is available. A transfer from Unspecified 02-09-99-6700 to 02-01-31-6700 in the amount of $1,127. Recommendation: The staff recommends approya1 ~f payme~t to Leonard Hazel, Inc. in the amount of $46,491.99. It is a1soirecòmmended ,ihat the transfer be made as indicated above. --RElL Finance Review Acct. Number ~ee above Sufficient F nds Available . Finance Director CITY COUNCIL ACTION ITEM Page 1 of 1 I: Ie I I I I I I I Ie I I I I I I Ie I I ~ &¡2~ KNOWL TON-ENGLISH-FLOWERS, INC. CONSULTING ENGINEERS / Fort Worth-Dallas September 22, 1987 Honorable Hayor and City Council City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: 3-555, CITY OF NORTH RICHLAND HILLS MISCELLANEOUS VATER & SEVER IMPROVEMENTS CONTRACTOR'S FINAL PAY ESTIMATE NO. 4 Enclosed is one copy of the Contractor's Final Pay Estimate No.4 dated September 21, 1987, made payable to Leonard Hazel, Inc., in the amount of $46,491.99, for materials furnished and work performed on the referenced project as of September 21, 1987. This project includes new waterlines in Hightower Drive, Holiday Lane, , North Richland Blvd., Riviera Drive, Georgia Drive, Tabor Drive, Mike Street, and at the North Hills pump station. The quantities and conditions of the project have been verified on-site by your-representative, Mr. Larry Jones, as indicated by his signature on the estimate, and we have checked the item extensions and additions. Extra work performed by the contractor and included in the miscellaneous plumbing allowance has been reviewed and recommended for approval by the Assistant Director of Public Yorks, Greg Dickens. Ye understand that City forces have monitor~d trench densities, and in the absence of any negative reports we have no dbje¿tion to the the proposed final estimate. The project was completed before the contract completion date of October 4, 1987, therefore no liquidated damages were incurred. The contract amount was $311,402.35 based on contract unit prices and estimated quantities of construction. Actual contractor earnings total $312,529.26, which is $1,126.91 over the contract amount, or less than one-percent. The two (2) year period of maintenance begins on this date, and therefore, will terminate on September 22, 1989. The maintenance obligation includes repair of all water line leaks, valves, fire hydrants, or repair of any other equipment furnished and installed under this contract. The maintenance obligation also includes sealing of pavement cracks, repair of pavement buckling or other failures resulting from water line backfill settlement or other subgrade failure. Ye recommend that this final payment, in amount of $46,491.99, be made to Continued next page ... 1901 CENTRAL DR., SUITE 550 · BEDFORD. TEXAS 76021 . 817/283-6211 . METRO/267-3367 I·' Ie I I I I I I I Ie I I I I I I Ie I I September 22, 1987 FINAL ESTIMATE Page Leonard Hazel Inc., 4024 Rufe Snow Drive, N. Richland Hills, Texas 76180. Ve will be present at the September 28, 1987, Council meeting to answer any questions you may have concerning this project. ()Jr Q~ RICHARD V. ALBIN, P.E. - RVA/lld 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 Yorks Mr. Larry Jones, City Inspector , Mr. Lee Maness, Director of Finance Mr. Jim Cook, Assistant Director of Finance Mrs. Donna Heishman, Special Project Accountant Mr. Leonard Hazel, Contractor ....,....--, .~ 2