HomeMy WebLinkAboutCC 1980-03-06 Agendas
SPECIAL WORK SESSION
MARCH 6, 1980
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City of JX5rth Richland Hills, Texas
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March 3, 1980
PUB LIe NOT ICE
The City Council of North Richland Hills \~ill conduct
a S£.ecial Work Session on Thur'sday, r~arch 6, 1980, at
7:00 P. M., in the City Hall, 7301 N. E. Loop 820.
The following items are on the Agenda for consideration:
1. Fossil Creek Park
2. Bowling Alley & Skating Rink Ordinance
3. Flood Insurance
4. Mixed Beverage Ordinance
5. Street Master Plan
1 II.L_ n Ll
7. Civil Service Ruling
8. Board of Adjustments - Alternate Members
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(817) 281-0041/7301 N. E. LOOP 820 / P. O. BOX 18609 / NORTH RICHLANO HillS, TEXAS 76118
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ORD I f\!t\NC~ NO.
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WHEREAS the operation of bOv/l;ng aìleys and skating rinks present
special problems for the City of North qichland Hills in terms of parking,
traffic control t supervision of minor children, and noise control: NOW
BE IT ORDAINED by the City Council of the City of North Richland
Hills that Ordinance No. 179 (Zoning Ordinance) is hereby revised as follows:
Article VI, Section I, as reads:
Commercial Amusements
( indoors) Add: (44)
Article VI, Section I
Under Type of Use Column
Commercial and Services Uses
Bowling Alley (23)
Add: Bowling Alleys and Skating Rinks (45)
Delete: Entire Llne
Article VI, Section I
Under Columns Labled:
Commercial Add:
Industrial
Planned Development
S in each column opposite Bowling
Alleys and Skating Rinks
Article VI, Section II
Delete:
J.\dd: 44.
ji,dd ~ 45 ,
Note 23
This category does not include Bowling Alleys and Skating Rinks.
Applicants for Specific Use Zoning for Bowling Alleys or Skating
Rinks must submit specific plans for dealing with the problems of
parking) traffic control, supervision of minor children, noise,
and protection of adjacent property owners from these problems.
Details are specified in Article X Section VII.
Article X, Section IV
Add: Bowling Alleys-~4 spaces for each lane plus one (1) space for each one
hundred-fifty (150) square feet of non-bowling area.
.Add: Skating Rinks---5 spaces plus, one (1) space for each one hundred-thirty
(130) square feet of floor area exclusive of utility rooms.
Add: Article X, Section VII
Skating Rink and Bowling Alley Requirements:
A. Development Plan: Prior to submission of a request to the City
Council for public hearing, a Development Plan shall be submitted
to and approved by the Planning and Zoning Commission and shall be
attached to and made a part of the ordinance.
B. Location: A Bowling Alley or Skating Rink shall not be located
closer than one hundred (100) feet to any residentiaì structure
measured in a straight line at their closest points.
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c. Loading and Unloading Facilities: Facilities for loading and
unloading patrons' willbe provided off street in the follovJÍng
ratios: 1. Skating Rink-storage lane for not less than twenty
(20) cars.
2. Bowling Alleys-storage lane for not less than ten
(10) cars. Storage lanes must not interfere with or
block fire lanes or exits and may not be counted as
parking spaces required under Section IV.
D. .Noise Barriers: Walls of Bowling Alleys and Skating Rinks shall
be constructed so that noise levels do not exceed fifty (50)
decibels measured at a distance of twenty-five (25) feet from
any outside wall of the structure.
Article XXI. Section III, lOB
Delete the words: "skating rink at the ratio of one (1) space for each one
hundred (100) square feet of floor area".
Mayor, Dick Faram
ATTEST:
Ci ty Secretary, Jeanette ~·1oore
APPROVED AS TO FORM AND LEGALITY
City Attorney, Rex McEntire
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ORDINANCE NO.
FLOOD DAMAGE PREVENTION ORDINANCE
SECTION 1.0
Statutory Authorization, Findings of Fact, Purpose and Objectives
1.1 STATUTORY AUTHORIZATION
The Legislature of the State of Texas has in Vernons Annotated Civil
Statutes Article 962, delegated the responsibility to local governmental
units to adopt regulations designed to promote the public health,
safety, and general welfare to its citizenry. Therefore, the City
Council of North Richland Hills, Texas, does ordain as follows:
1.2 FINDINGS OF FACT
(1) The flood hazard areas of North Richland Hills are subject to
periodic inundation which results in loss of life and property, health
and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the public
health, safety, and general welfare.
(2) These flood losses are caused by the cumulative effect of
obstructions in areas of special flood hazards which increase flood
heights and velocities, and when inadequately anchored, damage uses
in other areas. Uses that are inadequately floodproofed, elevated or
otherwise protected from flood damage also contribute to the flood loss.
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1.3 STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety,
and general welfare, and to minimize public and private losses due to
flood conditions in specific areas by provisions designed:
(1)
(2)
(3)
(4)
(5)
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(7)
To protect human life and health;
To minimize expenditure of public money for costly flood
control projects;
To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
general public;
To minimize prolonged business interruptions;
To minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
streets and bridges located in areas of special flood hazard;
To help maintain a stable tax base by providing for the second
use and development of areas of special flood hazard so as to
minimize future flood blight areas;
To insure that-~otential buyers are notified that property is
in an area of special flood hazard; and,
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(8) To ensure that those who occupy the areas of special flood
hazard assume responsibility for their actions.
1.4 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance includes methods and
provisions for: .
(1) Restricting or prohibiting uses which are dangerous to
health, safety, and property due to water or erosion hazards,
or which result in damaging increases in erosion or in flood
heights or velocities:
(2) Requiring that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at
the time of initial construction;
(3) Controlling the alteration of natural flood plains, stream
channels, and natural protective barriers which help
accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other development
which may increase flood damage; and,
(5) Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may
increase flood hazards in other areas.
Section 2.0
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Definitions
Unless specifically defined below, words or phrases used in this ordinance
shall be interpreted so as to give them the meaning they have in common
usage and to give this ordinance its most reasonable application.
"Appeal II means a request for a review of the Public Works Director's
interpretation of any provision of this ordinance or a request for a
variance.
"Area of sha 11 ow flood i nr means a des i gna ted AO Zone on the Fl ood
Insurance Rate Map (FIRM. The base flood depths range from one to
three feet; a clearly defined channel does not exist; the path of flooding
is unpredictable and indeterminate; and, velocity flow may be evident.
"Area of special flood hazard" me~ns the land in the flood plain within a
community subject to a one percent or greater chance of flooding in any
given year.
IIBase floodll means the flood having a one percent chance of being equalled
or exceeded in any given year.
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IIDevelopment" means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations located within
the area of special flood hazard.
"Existin mobile home ark or mobile home subdivisionll means a parcel (or
contiguous parcels of land divided into two or more mobile home lots for
rent or sale for which the construction of facilities for servicing the lot
on which the mobile home is to be affixed (including, at a minimum, the
installation of utilities, either final site grading or the pouring of
concrete pads, and the construction of streets) is completed before the
effective date of this ordinance.
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IIExpansion to an existing mobile hanep:lrk or mobile home subdivision"
means the preparation of additional sites by the construction of facilities
for servicing the lots on which the mobile ·homes are to be affixed
(including the installation of utilities, either final site grading or
pouring of concrete or the construction of streets).
"Flood" or "flooding" means a general and temporary condition of partial
or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters and/or
(2) The unusual and rapid accumulation or runoff of surface waters
fran any source.
IIFlood Insurance Rate Mapll (FIRM) means the official map on which the
Federal Insurance Administration has delineated both the areas of special
flood hazards and the risk premium zones applicable to the community.
"Flood Insurance Study" means the official report provided in which the
Federal Insurance Administration has provided flood profiles, as well as
the Flood Boundary-Floodway Map and the water surface elevation of the
base flood.
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IIFloodwayll means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than 1 foot.
IIHabitable Floor" means any floor usable for living purposes, which includes
working, sleeping, eating, cooking or recreation, or a combination thereof.
A floor used only for storage purposes is not a IIhabitable floor.1I
IIMobile home" means a structure that is transportable in one or more sections,
built on a permanent chasis, and designed to be used with or without a
permanent foundation when connected to the required utilities. It does not
include recreational vehicles or travel trailers.
IINew constructionll means structures for which the "start of construction"
commenced on or after the effective date of this ordinance.
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"New mobile home park or mobile home subdivision" means a parcel (or contiguous
parcels) of land divided into two or more mobile home lots for rent or sale
for which the construction of facilities for servicing the lot (including, at
a minimum, the installation of utilities, either final site grading or the
pouring of concrete pads, and the construction of streets) is completed on
or after the effective date of this ordinance.
IIStart of constructionll means the first placement of permanent construction of
a structu~e (other'than a mobile home) on a si~, such as the pouring of slabs
or footi ngs or any work beyond the stage- of excavati on. Permanent constructi on
does not include land preparation~ such as clearing, grading, and filling, nor
does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units
or not as part of the main structure. For a structure (other than a mobile
home) without a basement or poured footings, the "start of constructionll includes
the first permanent framing or assembly of the structure or any part thereof on
its piling or foundation. For mobile homes not within a mobile home park or
mobile home subdivision, "start of constructionll means the affixing of the
mobile home to its permanent site. For mobile homes within mobile home parks
or mobile home subdivisions, IIstart of construction" is the date on which the
construction of facilities for servicing the site on which the mobile home is
to be affixed (including, at a minimum, the construction of streets, either
final site grading or the~.pouring of concrete pads, and installation of utilities)
is completed.
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IISfructure" means a walled and roofed building, a mobile home, or a gas
or liquid storage tank, that is principally above ground.
"Substantial improvementll means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50 percent
of the market value of the structure either:
(1) before the improvement or repair is started, or
(2) if the strucuture has been damaged and is being
restored, before the damage occurred.
For the purposes of this definition "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling, floor,
or other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure.
The term does not, however, include either:
(l) any project for improvement of a structure to comply with
existing State or local health, sanitary, or safety code
specifications which are solely necessary to assure safe
living conditions, or
(2) any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
"Variance" means a grant of relief from the requirements of this ordinance
which permits construction in a manner that would otherwise be prohibited
by this ordinance.
Section 3.0
General Provisions
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3.1 LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazards
within the jurisdiction of the City of North Richland Hills.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled liThe
Flood Insurance Study for the City of North Richland Hills," dated
September 17, 1979, and any subsequent revision thereto, with accompanying
Flood Insurance Rate Maps and Flood Boundary-Floodway Maps is hereby
adopted by reference and declared to be a part of this ordinance. The
Flood Insurance Study is on file at 7301 N. E. Loop 820, North Richland Hills,
Texas, 76118.
3.3 PENALTIES FOR NONCOMPLIANCE
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No structure or land shall hereafter be constructed, located, extended,
converted, or altered without full compliance with the terms of this
ordinance and other applicable regulations. Violation of the provisions
of this ordinance by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Any person
who violates this ordinance or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than $200.00. Each day the
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vialatiqn is permitted to exist shall constitute a separate offense. In
addition, payment shall be required for all costs and expenses involved in
the case. Nothing herein contained shall prevent the City of North Richland
Hills from taking such other lawful action as is necessary to prevent or
remedy any violation.
3.4 ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this ordinance
and other ordinance, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
3.5 INTERPRETATION
In the interpretation and application of this ordinance, all provisions
shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers
granted under State statutes.
3.6 WARNING AND DISCLAIMER OR LIABILITY
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The degree of flood protection required by this ordinance is considered
reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by man-made or natural causes. This ordinance does
not imply that land outside the area of special flood hazards or uses
permitted within such~eas will be free from flooding or flood damages.
This ordinance shall not create liability on the part of City of North
Richland Hills, any officer or employee thereof or the Federal Insurance
Administration, for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made thereunder.
Section 4.0
Administration
4.1 ESTABLISHMENT OF DEVELOPMENT": PERMIT
A Development Permit shall be obtained before construction or development
begins within any area of special flood hazard established in Section 3.2.
Application for a Development Permit shall be made on forms furnished by
the Director of Public Works and may include, but not be limited to;
plans in duplicate drawn to scale showing the nature, location, dimensions,
and elevations of the area in question; existing or proposed structures, fill,
storage of materials, drainage facilities; and the location of the foregoing.
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Specifically, the following information is required:
(1) Elevation in relation to mean sea level, of the
lowest floor (including basement) of all structures;
(2) Elevation in relation to mean sea level to which any
structure has been floodproofed;
(3) Certification by a registered professional engineer or
architect that the floodproofing methods for any
nonresidential structure meet the floodproofing
criteria in Section 5.2-2; and,
(4) Description of the extent of which any watercourse
will be altered or relocated as a result of proposed
development.
4.2 DESIGNATION OF THE LOCAL ADMINISTRATOR
The Public Works Director is hereby appointed to administer and
implement this ordinance by granting or denying development
permit applications in accordance with its provisions.
4.3 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
Duties of the Public Works Director shall include, but .not be
limited to:
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4.3-1 Permit Review
(l) Review all development permits to determine that the
permit requirements of this ordinance have been satisfied~
(2) Review all development permits to determine that all
necessary permits have been obtained from those Federal,
State or local governmental agencies from which prior
approval is required.
(3) Review all development permits to determine if the
proposed development is located in the floodway. If
located in the floodway, assure that the encroachment
provisions of Section 5.3(1} are met~
4.3-2 Use of Other Base Flood :Data
When base flood elevation data has not been provided in accordance
with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD, the Public Works Director shall obtain, review, and reasonably
utilize any base flood elevation data available from a Federal, State
or other source, in order to administer Sections 5.2-1, SPECIFIC STANDARDS,
Residential Construction, and 5.2-2, SPECIFIC STANDARDS, Nonresidential
Construction.
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4.3-3
Information to be Obtained and Maintained
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(1) Obtain and record the actual elevation (in relation to mean
sea level) of the lowest habitable floor (including basement) of
all new or substantially improved structures, and whether or not
the structure contains a basement.
(2) For all new substantially improved floodproofed structures:
(i) verify and record the actual elevation (in relation'
to mean sea level); and
(ii) maintain the floodproofing certifications required in
Section 4.1(3).
(3) Maintain for public inspection all records pertaining to
the provisions of this ordinance.
4.3-4 Alteration of Watercourses
(1) Notify adjacent communities and the Texas Department of Water
Resources prior' to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Insurance Administration.
(2) Require that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood carrying capacity
is not diminished.
4.3-5 Interpretation of FIRM Boundaries
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Make interpretations where needed, as to the exact location of the
boundaries of the areas of special flood hazards (for example, where there
appears to be a conflict between a mapped boundary and actual field conditions).
The person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in Section 4.4..
4.4 VARIANCE PROCEDURE
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4.4-1 Appeal Board
(l) The City Council as established by City of North Richland Hills
shall hear and decide appeals and requests for variances from the requirements
of this ordinance.
(2) The City Council shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made by
the Public Works Director in the enforcement or administration of this
ordinance.
(3) Those aggrieved by the decision of the City Council, or any taxpayer,
may appeal such decision to the' District Court, as provided in Vernons
Annotated Civil Statutes, Article 962.
(4) In passing upon such applications, the City Council shall consider
all technical evaluatrlons, all relevant factors, standards specified in other
sections of this ordinance, and:
(i) the danger that materials may be swept .onto other lands to the
injury of others; .
(ii) the danger to life and property due to flooding or erosion damage;
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(~ii)
(iv)
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(vi)
(vii)
(viii)
(ix)
(x)
(xi)
the susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the
individual owner;
the importance of the services provided by the proposed
facility to the community; ,
the necessity to the facility of a waterfront location,
where applicable;
the availability of alternative locations for the proposed
use which are not subject to flooding or erosion damage;
the compatibility of the proposed use with existing and
anticipated development;
the relationship of the proposed use to the comprehensive
plan and flood plain management program of that area;
the safety of access to the property in times of flood for
ordinary and emergency vehicles;
the expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters and the effects of
wave action, if applicable, expected at the site; and,
the costs of providing governmental services during and
after flood conditions, including maintenance and repair of
public utilities and facilities such as sewer, gas, electrical,
and water systems, and streets and bridges.
(5) Upon consideration of the factors of Section 4.4-1(4) and the
purposes of this ordinance~ the City Council may attach such
conditions to the granting of variances as it deems necessary
to further the purposes of this ordinance.
(6) The Public Works Director shall maintain the records of all
appeal actions, including technical information, and report
any variances to the Federal Insurance Administration upon
request.
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4.4-2 Conditions for Variances
(1) Generally, variances may be issued for new construction and
substantial improvements to be erected on a lot of one-half
acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood
level, providing items (i-xi) in Section 4.4-1(4) have been
fully considered. As the lot size increases beyond the one-half
acre, the technical justification required for issuing the
variance increases.
(2) Variances may be issued for the reconstruction, rehabilitation
or restoration of structures listed on the National Register
of Historic Places or the State Inventory of Historic Places,
without regard to the procedures set forth in the remainder of
this section.
(3) Variances shall not be issued within any designated floodway
if any increase in flood levels during the base flood discharge
would result.
(4) Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood
hazard, to afford relief.
(5) Variances shall only be issued upon:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance would
result in exceptional hardship to the applicant; and
(iii) a determination that the granting of a variance will not
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result in increased flood heights, additional threats
to public. safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public
as identified in Section 4.4-1(4), or conflict with
existing local laws or ordinaces.
(6) Any applicant to whom a variance is granted shall be
given written notice that the structure will be permitted
to be built with a lowest floor elevation. below the base
flood elevation and that the cost of flood insurance will
be commensurate with the increased risk resulting from the
reduce~ lowest floor elevation.
Section 5.0
Provisions for Flood Hazard Reduction
5.1 GENERAL STANDARDS
In all areas of special flood hazards the following standards are
required:
5.1-1 Anchoring
(1) All new construction ånd substantial improvements shall be
anchored to prevent flotation, collapse, or" lateral movement of the
structure.
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(2) All mobile homes shall be anchored to resist flotation, collapse,
or lateral movement by providing over-the-top and frame ties to ground
anchors. Special requirements shall be that:
(i) over-the-top ties be provided at each of the four corners
of the mobile home, with two additional ties per side at
intermediate locations, with mobile homes less than 50 feet
long requiring one additional tie per side;
(ii) frame ties be provided at each corner of the home with five
additional ties per side at intermediate points, with mobile
homes less than 50 feet long requiring four additional ties
per side;
(iii) all components of the anchoring system be capable of
carrying a force of 4,800 pounds; and,
(iv) any additions to the mobile home be similarly anchored.
5.1-2 Construction Materials and Methods
(1) All new construction and substantial improvement shall be
constructed with materials and utility equipment resistant to flood
damage.
(2) All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
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5.1-3, Utilities
(1) All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of flood waters into the system;
(2) New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into the systems
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and discharge from the systems into flood waters; and
(3) On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during
flooding.
5.1-4 Subdivision Proposals
(1) All subdivision proposals shall be consistent with the
need to minimize flood damage;
(2) All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical, and water systems located
and constructed to mi nimi ze flood damage;
(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage; and,
(4) Base flood elevation data shall be provided for subdivision
proposals and other proposed development which contain at least 50
lots or 5 acres (whichever is less).
5.2 SPECIFIC STANDARDS
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In all areas of special flood hazards where base flood elevation data
have been provided as set forth in Section 3.2, BASIS FOR ESTABLISHING
THE AREAS OF SPECIAL FLOOD HAZARD or in Section 4.3-2, Use of Other
Base Flood Data, the following standards are required:
5.2-1 Residential Construction
New construction and substantial improvement of any residential structure
shall have the lowest flood, including basement, elevated 18 inches above
base flood elevation.
5.2-2 Nonresidential Construction
New construction and substantial improvement of any commercial, industrial
or other nonresidential structure shall either have the lowest flood,
including basement, elevated to 18 inches above the level of the base
flood elevation; or,
(1) be floodproofed so that below the base flood level the
structure is watertight with walls substantially impermeable to the
passage of water;
(2) have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(3) be certified by a registered professional engineer or architect
that the standards of this subsection are satisfied.
Such certifications shall be provided to the official as set forth in
Section 4.3-3(2).
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5.2-3 Mobile Homes
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(1) Mobile homes shall be anchored'in accordance with
Section 5.1-1(2).
(2) For new mobile home parks and mobile home subdivisions; for
expansions to existing mobile home parks and mobile home subdivisions;
for existing mobile home parks and mobile home subdivisions where the
repair, reconstruction or improvement of the streets, utilities ahd pads
equals or exceeds 50 percent of value of the streets, utilities and pads
before the repair, reconstruction or improvement has commenced; and for
mobile homes not placed in a mobile home park or mobile home subdivision,
require that:
(i) stands or lots are elevated on compacted fill or on pilings
so that the lowest floor of the mobile home will be at or above
the base flood level;
(ii) adequate surface drainaqe and access for a hauler are provided;
and, -
(iii) in the instance of elevation on pilings, that:
-lots are large enough to permit steps,
-piling foundations are placed in stable soil no
more than ten feet apart, and
-reinforcement is provided for pilings more than six
feet above the ground level.
(3) No mobile home shall be placed in a floodway, except in an
existing mobile home park or an existing mobile home subdivision.
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5.3 FLOODWAYS
Located within areas of special flood hazard established in Section 3.2
are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters which carry debris,
potential projectiles, and erosion potential, the following provisions
apply:
(1) Prohibit encroachments, including fill, new construction,
substantial improvements, and other development unless a technical
evaluation demonstrates that encroachments shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
(2) If Section 5.3(1) is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of Section~ 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION.
(3) Prohibit the placement of any mobile homes, except in an
existing mobile home park or existing mobile home subdivision.
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ORDINANCE NO.
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BE IT HEREINAFTER ORDAINED THAT SECTION V, ARTICLE X, OF
ORDINk~CE #179 IS CHANGED TO READ AS FOLLOWS:
SECTION V, REQUIREMENTS RESPECTING THE SALE OF MIXED BEVE~~GES:
A Specific Use Permit for the sale of mixed beverages is required
and shall be gr~nted only when such use is to be in conjunction with the
sale of prepared food for on premise consumption,· and when the ratio of gross
receipts from the sale of such food on the premises to gross receipts from
the sale of mixed beverages on the premises is at least 3 to 2. The Specific
Use Permit is not transferable and Specific Use Zoning shall revert to the
basic zoning upon change in ownership or tenancy.
The City of North Richland Hills shall have the right to determine
by audit if this ratio is being met and may select any 90 consecutive day
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period for audit not more frequently than twice per annum. Permit holders
will keep daily records of food sales and mixed beverage sales and shall
retain said records for a period of at least one year. A summary of weekly
sales of food sales and mixed beverage sales shall be submitted each six
months to the City Secretary not later than February 1st and August 1st covering
thè periods July 1st to December 31st, and January 1st to June 30th, respectively.
Should the audit show that the aforementioned 3 to 2 ratio is not being met,
then mixed beverage sales shall be suspended for a period of thirty (30) days
in the first instance and the permit holder shall subm~t a plan to the city for
achieving the 3 to 2 ratio, . If this plan'is satisfactory ~o the City Manager,
then the sale of mixed beverages may resume at the end of the thirty (30) day
suspension period. Should a subsequent audit show that the ratio of 3 to 2 is.
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not being maintained, then the City Secretary will void the Specific Use Permit
and notify the Texas Alcoholic Beverage Control Commission.
Failure to maintain or submit required records or falsification of
records shall constitute a violatl0n of this ordinance and will be punishable
as specified in Article XXX, and shall constitute full and sufficient grounds
for the voiding or non-renewal of the Specific Use Permit.
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Page 2
Building plans for permit applicants must show kitchen facilities,
to include appliances, adequate in the opinion of the Building Official to
produce sufficient food to support a 3 to 2 ratio of food to mixed beverage
sale. Plans which do not include such facilities will be rejected.
Applications for Specific Use Permits must be accompanied by a
signed letter from the applicant indicating consent to the terms of Section
. V, Article X, of Zoning Ordinance #179~
Mayor·,"': Dick FaraÌn'
Attest:
City Secretary, Jeanette Moore
APPROVED AS TO F0B11 AND LEGALITY
City Attorney, Rex McEntire
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TO:
FRO:1 :
DATE:
SUBJECT:
Tom Paul, City Manager
Civil Service Co~mission
February_14, 1980
M1ENDMENT TO THE CIVIL SERVICE RULES
In r<1ay of1979¡ 'theCS Comr:lÎssion agre~d to amend Rule
5.09 as fo 11 O~'S :
5.09 e - Salary Adjustment
Department heads may request salary adjustments for regular
employees at any time provided the following conditions are met:
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(1 )
The employee merits an increase on the basis of meritorious
service and efficiencv -
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The employee receives additional schooling and exceeds the
educational and experience requirements for the position _
The Department Head provides evidence that there is a shortage
of qualified persons for a particular position _
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(4)
(5)
The Department Head's request is fully documented _
The requisition for an increase Qr adjustment is forwarded
through the Ci vi 1 Servi ce Ccrf'u11i ss i on for approva 1 by the
Ci ty f:1an.ager anå Ci ty Counei 1 .
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The CS Commission feels they have allowed enough time for
some response to this request and asked why it has taken
this many months.
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City' of JXórth Richland Hills, Texas
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February 14, 1980
Mr. Tom Paul, City Manager
7301 Northeast Loop 820
North Richland Hills, Texas
Dear Mr. Paul:
Since it is our purpose to administer a fair and equitable personnel
program, we frequently review the City Charter for compliance and
consistency.
Our method of filling vacancies and making promotions is established
in Article XVII.
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"Section 8. No classification now in existence or that
may be hereafter created in North Richland Hills, shall
ever be filled except by examination held in accordance
with the provisions of this law. All vacancies shall
be filled by permanent appointment from eligibility
lists furnished by the Commission within 90 days after
such vacancy occurs.
Section 10. When a vacancy occurs in any department, the
head of the department shall request in writing from the
Commission names of suitable persons from ,the eligibility
list.
The Secretary shall certify to the Chief Executive of said
City, the names of three (3) persons having the highest
grades on the eligibility list, said Chief Executive shall
thereafter make an appointment from said three names. The
appointment shall be of the person with the highest grade,
except there be a valid reason.............."
We understand that in the past there have been some departments who
have given promotions or filled vacancies without permission of the
Commission.
Please notify the appropriate personnel that hereafter, these
procedures will be adhered to, and the Commission will not be able
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(817) 281-0041 I 7301 N.E. lOOP 820 I P. O. BOX'~l NORTH RICHLAND HillS, TEXAS 76118
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Mr. Tom Paul, City Manager
Page 2
to certify promotions or appointments unless the proper procedure is
followed. We appreciate your support in achieving the cooperation
of all persons who are involved in the hiring and promoting process.
"Respectfully yours,
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·11 -J. ßi.tS. 'Chairman ~~
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Bob L. Henderson, Vice Chairman
cc: Mayor Dick Faram
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FEB 2 ? 1980
CllY r~"li\NAGER
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City· of JX6rth RichJand Hills, Texas
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DATE:
February 29, 1980
TO:
Thomas Paul, City Manager
FROM:
James R. Anderson, Director of Public Works
SUBJECT:
Alternate Members for Zoning Board of Adjustments
1. Our Zoning Ordinance (and Texas Law) requires the affirmative
vote of four of the five members of the Zoning Board of Adjustments
in order to grant a variance to the Zoning Ordinance. In the event
of absence by only one member, it makes it very difficult to do
business. Absence by two members makes it impossible.
2. Article lOlIg. of Vernons !mnotç¡,ted Civil Statutes permits the appoint-
ment of up to four alternate members who would serve in absence of a
regular member. The provision of ttle alternate members could be ac-
. complished by either ordinance or charter revision.
3. In my opinion, the appointment of alternate members would be a sub-
stantial benefit to the city and preclude some embarrassing situations
that have occurred from time to time.
4. Perhaps the City Council would be willing to address this question in
a work session.
R
Anderson
of Public Works
RECt=fYSD
FES 2 9 1980
CITY MANAGER
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(817) 281-0041 /7301 N. E. lOOP 820/ P. O. BOX 18609/ NORTH RICHLAND HillS, TEXAS 76118