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HomeMy WebLinkAboutCC 1980-03-06 Agendas SPECIAL WORK SESSION MARCH 6, 1980 e . . · J .. City of JX5rth Richland Hills, Texas ,} S~~t' ~ \ <.:JoILIC <Ç'eSSiöJ 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 pdb (817) 281-0041/7301 N. E. LOOP 820 / P. O. BOX 18609 / NORTH RICHLANO HillS, TEXAS 76118 e . e "". ORD I f\!t\NC~ NO. -_..-....--. 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. e . e Page 2 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 - , þ e 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. . 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) e (6) (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, e (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 . 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. e 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. e 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. e 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. e "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. e 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 e 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 It 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 e 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 e 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. e e 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: e 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. e 4.3-3 Information to be Obtained and Maintained e (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 e 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 e 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; - ,- (~ii) (iv) e (v) (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. e 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 e e 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. e (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. e 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 - 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 e 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). e -- , 5.2-3 Mobile Homes e (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. e 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. e ~ ORDINANCE NO. e 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 e 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. e 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. .) <.?;,- e e L ~ T j ~..;..t. !... 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 (? -- ( 'è e 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: õ{ Qj. ~ .I/'./ . I)' ~1/;~'{¡' · v 7 (2) 'J r} J/Ý- ,rfJ I ~/. 'tL'\; (¿' "Y ), L ,fu ' t1. r?V -r f.1¡Jv ( 3 ) -/ /}}.,v ~ / \ I ,..tÞ I r'J III 11~ ¡\l~I:;AjI V") H 0- . ( (1 ) The employee merits an increase on the basis of meritorious service and efficiencv - . oJ 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 _ ..:... (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 . ------------------------------------------------------------------ The CS Commission feels they have allowed enough time for some response to this request and asked why it has taken this many months. r- e . , City' of JXórth Richland Hills, Texas -*- \!/ ¡ 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. e "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 'e -\ / c:.? 609. (817) 281-0041 I 7301 N.E. lOOP 820 I P. O. BOX'~l NORTH RICHLAND HillS, TEXAS 76118 e 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, ~a~~ ·11 -J. ßi.tS. 'Chairman ~~ ¡:," .... Jll Bob L. Henderson, Vice Chairman cc: Mayor Dick Faram e CSC/hc ,",rr~·· "-~D ~~j,: ,--t:i V t: l . FEB 2 ? 1980 CllY r~"li\NAGER e e .. City· of JX6rth RichJand Hills, Texas ~~l~~> j?. \ ¡ .r-:--<.. \ ~ i l 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 -"\ (817) 281-0041 /7301 N. E. lOOP 820/ P. O. BOX 18609/ NORTH RICHLAND HillS, TEXAS 76118