HomeMy WebLinkAboutCC 2006-12-11 Agendas
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL WORK SESSION AGENDA
NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, December 11, 2006
6:00 P.M.
A. 1
Discuss Items from Regular City Council Meeting
A.2
IR 2006-129 Presentation of Proposed Sign Ordinance Revisions by Council Focus
Group - (15 Minutes)
A.3
IR 2006-130 Information on Upcoming Agreements regarding the use of Public Right-of-
Way for Gas Pipelines (10 Minutes)
A.4
IR 2006-128 Discuss 2007 State Legislative Program (10 Minutes)
A.5
Adjournment
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills City Council was
posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas
Government Code on December 8, 2006 at \t\',\<\. (1\~. ~ _ ']
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
this meeting. Please contact the City Secretary's office at 817-427-6060 for further
information.
The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code.
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CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
CITY HALL COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, December 11, 2006
7:00 P.M.
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Copies of the full City Council agenda information packet are accessible prior to every
regularly scheduled Monday Council meeting according to the following locations and
schedule:
o Library on the Friday prior to the meeting (available electronically)
o City Hall on the day of the meeting (hard copy available)
Additionally, the agenda packet is available for download from the City's web site at
www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council
meeting.
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A.O
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A.2
A.3
Call to Order - Mayor Trevino
Invocation - Councilman Whitson
Pledge and Flag Ceremony - Scout Troop #434
Special Presentation(s) and Recognition(s) - Kathy Luppy
Keep NRH Beautiful Holiday Lighting Awards
A.4 Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Councilor another City Board or
Commission at a later date. In order to address the Council, please complete a
Public Meeting Appearance Card and present it to the City Secretary prior to the
start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by
the Council of any subject which is not on the posted agenda, therefore the Council
will not be able to discuss or take action on items brought up during the citizens
presentation.
A.5 Removal of Item(s) from Consent Agenda
B.O CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed to
require little or no deliberation by the City Council and will be voted on in one motion.
There will be no separate discussion of these items unless a Council Member so
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requests, in which event the item will be removed from the Consent Agenda and
considered.
B.1
Approval ot Minutes of November 13, 2006 City Council Meeting
B.2
FP 2006-13 Consideration of a Request from Randy Seale to Approve a Final Plat ot
Lots1-4, Block 15, Windcrest Addition Phase II (Located in the 7400 Block ot Douglas
Lane - 1.234 acres).
B.3
PAY 2006-006 Approve Final Payment in the amount of $2,041.98 to Sharrock Electric,
Inc. for the Davis Boulevard at Shadywood Lane Traffic Signal Installation Project
C.o
PUBLIC HEARINGS -'
C.1
ZC 2006-05 Public Hearing and Consideration of a Request From Brad Hardy to
Approve a Zoning Change from "C-1" Commercial to "RI-PD" Residentiallnfill - Planned
Development (Located in the 8200 Block of Starnes Road - being Lot 11 A, Block 6,
Crestwood Estates Addition - 3.63 acres) *****Letter submitted to Continue item to next
Council Meeting - January 8, 2007****
D.O
PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
FP 2006-14 Consideration ot a Request from Dencil S. Long III to Approve a Final Plat
of Lot 1, Block 1, Dencil Long III Estates (Located in the 6700 Block ot Meadow Road. -
2.838 acres). ***Letter submitted by applicant to Continue item to next Council Meeting -
January 8, 2007***
E.O PUBLIC WORKS
E.1 PU 2006-061 Approve Agreement between The City of North Richland Hills and Redflex
Traffic Systems, Inc. for the Red Light Automated Traffic Signal Enforcement System -
Resolution No. 2006-105
E.2 PW 2006-040 Approve Municipal Maintenance Agreement (MMA) with the Texas
Department of Transportation for Placement of Cameras on State Highway Right-ot-
Way - Resolution No. 2006-102
E.3 PW 2006-039 Approve Amendment to Municipal Maintenance Agreement (MMA) with
the Texas Department of Transportation for the Installation of Camera Monitoring
Systems on State Highway Rights-of-Way and Signalized Intersections - Resolution No.
2006-1 04
F.O GENERAL ITEMS
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F.1
GN 2006-113 Consideration of Amending Chapter 106 of the General Code of
Ordinances by Revising the Sign Regulations - Ordinance No. 2916
F.2 GN 2006-110 Renewal of Medical Director's Contract - Resolution No. 2006-1 06
F.3 GN 2006-116 Approve Management Agreement with Evergreen Alliance Golf Limited,
L.P. for Services at Iron Horse Golf Course - Resolution No. 2006-109
F.4 GN 2006-114 Approve 2007 State Legislative Program
F.5 GN 2006-111 Agreement with TxDOT for 2006-2007 Holiday D.W.I. Enforcement Grant
- Resolution No. 2006-107
F.6 GN 2006-112 Ordinance Requiring Burglar Alarm Permit - Ordinance No. 2915
F.7 INFORMATION AND REPORTS - Councilman Turnage
F.8 Adjournment
All items on the agenda are for discussion and/or action.
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills City Council was
posted at City Hall, City of North Richland Hills, TAas in compliance with Chapter 551, Texas
Government Code on December 8,2006 at \CJ: \ C\.\\\.'
-, -
'ItQ
S i ta City ecretary
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
this meeting. Please contact the City Secretary's office at 817-427-6060 for further
information.
The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code.
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A.1
A.2
A.3
A.4
A.5
City of North Richland Hills
City Council Work Session Meeting Agenda
North Richland Hills City Hall Pre-Council Chambers
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, December 11,2006
6:00 P.M.
Discuss Items from ReQular City Council Meetinq
IR 2006-129 Presentation of Proposed Siqn Ordinance Revisions by Council
Focus Group - (15 Minutes)
IR 2006-130 Information on Upcominq Aqreements reqardinq the use of Public
Riqht-of-Way for Gas Pipelines (10 Minutes)
IR 2006-128 Discuss 2007 State Leqislative Proqram (10 Minutes)
Adjournment
CITY OF
. NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 12-11-2006
Presented by: Agenda No.A.1
Subject: Discuss Items from Regular City Council Meeting
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2006-129
Date: December 7, 2006
Subject: Presentation of Proposed Sign Ordinance Revisions
For several months staff has been tracking potential updates to the Sign Ordinance
such as reflecting changes in Federal and State law and including the City's revised
sight visibility triangles. It was felt that the major foundation and objectives of the
Ordinance are still relevant to Council Goals and ideals, but some modifications
needed to be reviewed to consider possible updating. With this in mind, Mayor Trevino
appointed a "Focus Group" on Signs in early October made up of Scott Turnage,
Council Place 6, Suzy Compton, Council Place 3 and Kathy Luppy, Chairperson of the
Keep NRH Beautiful Committee to review the existing sign ordinance and recommend
necessary changes. The creation of the Focus Group afforded an effective opportunity
to review these changes as well as consider others if needed.
The Sign Ordinance Focus Group met four times in October to review and receive
input from a cross section of types of local business owners/managers as well as from
staff. Eight local businesses were invited to a meeting on October 25 to voice
concerns and review the current sign ordinance. Changes were recommended and a
final review meeting was held on December 4th to review recommendations.
The Sign Ordinance Focus Group also established primary objectives in reviewing
updates to the sign ordinance. These objectives included:
a. allowing for proper and effective identification of local businesses
b. enhancement of traffic safety
c. conformance with state and federal laws
d. encouraging the removal of illegal and obsolete signs
e. promoting an attractive community
Scott Turnage was elected as the chair of the Sign Ordinance Focus Group and he will
be making a presentation at the Council work session regarding the proposed sign
ordinance revisions. An action item has been placed on the regular agenda for this
ordinance revision. Details of the suggested changes are included with the action
item agenda comments. The proposed sign ordinance revisions involve changes to
Chapter 106 of the Code of General Ordinances. This proposed revision does not'
require a public hearing.
-- ISSUED BY THE CITY MANAGER
NORTH RICHlAND HillS, TEXAS -
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2006-130
Date: December 11, 2006
Subject: Information on Upcoming Agreements regarding the use of
Public Right-of-Way for Gas Pipelines
As the Mayor and the City Council are aware, there is one existing gas well site
(Graham Ranch site) within the City and in the future there could be a few more gas
well sites. Currently, there are various gas trunk mains within the City; however, none
of these existing mains intersect the Graham Ranch site. Additional gas pipelines will
need to be constructed in order to connect the Graham Ranch site with an existing
trunk main. The gas pipelines will need to cross both private property and public right-
of-way (ROW).
In order for the City to regulate these proposed new gas pipelines, staff began drafting
an agreement with the operator of the Graham' Ranch site (Harding Company) which
would allow the Harding Company to construct and maintain gas pipelines within the
public ROW. As the number of gas well sites is expected to increase during the next
few years and during the drafting of the "Harding agreement", it became apparent that
additional agreements would be needed for future gas pipelines as well. Since the
agreements will probably be fairly similar except for the proposed gas pipeline routes,
staff began drafting a standardized agreement that could be used by the Harding
Company for the Graham Ranch site, as well as other gas companies for their
upcoming gas well sites.
Staff would like a standard ROW Use Agreement so that staff can regulate the location
of additional gas pipelines, regulate the number of gas pipelines constructed within the
ROW, and impose conditions on the owners of these gas pipelines within the public
ROW. In return for the use of the City's ROW, the owners of the gas pipelines would
pay the City the appropriate fees for the use of the ROW. Portions of these
agreements would need to be project specific (such as the exhibits which would depict
pipeline locations) and all agreements would need City Council approval on a case by
case basis.
Since staff is currently working on a standard ROW Use Agreement, staff wanted to
brief the Mayor and City Council with the major issues that will be addressed in the
standard agreement, so that the Mayor and City Council will be familiar with these
issues when the individual agreements are presented for action in the future.
-- ISSUED BY THE CITY MANAGER
NORTH RICHlAND HillS, TEXAS -
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Staff envisions the standard agreement regulating this ROW use to cover the following
topics:
· the granting of a "license" to gas companies to construct gas pipelines
· the agreement would be non-exclusive
· time periods (terms)
· fees
· construction requirements
· notice to relocate gas pipeline
· notice to removal gas pipeline
· restoration of ROW requirements
· insurance requirements
Staff will provide a brief presentation to the Mayor and City Council on this matter at the
December 11,2006 Work Session.
Respectfully submitted,
Gregory Van Nieuwenhuize, P.E.
Assistant Director of Public Works
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2006-128
Date: December 11, 2006
Subject: Discuss 2007 State Legislative Program
The State legislative session will begin January 9, 2007 and will adjourn on May 28,
2007. The purpose of this report is to provide Council with information regarding our
recommended legislative priorities for this session, as the 2007 State Program is on
the City Council agenda for approval.
As in the past, we have used four guiding principles to determine positions on the City
related issues we expect will come forward during this session of the legislature.
These guiding principles are local control, a predictable and sufficient level of revenue
to provide for our 'citizens, opposition to unfunded state mandates, and quality of life.
Several of the bills we expect to see this session include:
· Appraisal/revenue caps
· Additional property tax/sales tax exemptions that would substantially erode
the tax base;
· Presumption of work related disease or condition for fire personnel;
Because we want to provide Council with the most up to date information, we have not
included the legislative positions with the agenda. We will however deliver the
positions to Council prior to Monday night's meeting.
We will bring you regular updates throughout the session, and will make you aware of
any legislative alerts or contacts that need to be made.
We look forward to discussing this with you Monday, and hearing whether you have
any additional items to add to the program.
Respectfully Submitted,
Karen Bostic
Managing Director
-- ISSUED BY THE CITY MANAGER
NORTH RICHlAND HillS, TEXAS -
CITY OF
. NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 12-11-2006
Presented by: Agenda No.A.5
Subject: Adjournment
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A.O
A.1
A.2
A.3
City of North Richland Hills
City Council Regular Meeting Agenda
North Richland Hills City Hall Council Chambers
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, December 11, 2006
7:00 P.M.
Call to Order - Mavor Trevino
Invocation - Councilman Whitson
Pledae and Flaa Ceremony - Scout Troop #434
Special Presentationes) and Recoanition(s) - Kathv Luppv
Keep NRH Beautiful Holidav Liahtina Awards
A.4 Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Councilor another City Board or
Commission at a later date. In order to address the Council, please complete a
Public Meeting Appearance Card and present it to the City Secretary prior to the
start of the Council meeting. The Texas Open Meetings Act prohibits
deliberation by the Council of any subject which is not on the posted agenda,
therefore the Council will not be able to discuss or take action on items brought
up during the citizens presentation.
A.S Removal of Item(s) from Consent Aaenda
B.O CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed
to require little or no deliberation by the City Council and will be voted on in one
motion. There will be no separate discussion of these items unless a Council
Member so requests, in which event the item will be removed from the Consent
Agenda and considered.
B.1 Approval of Minutes of November 13, 2006 City Council Meetina
B.2 FP 2006-13 Consideration of a Request from Randv Seale to Approve a Final
Plat of Lots1-4, Block 15, Windcrest Addition Phase II (Located in the 7400 Block
of Doualas Lane - 1.234 acres).
B.3 PAY 2006-006 Approve Final Payment in the amount of $2,041.98 to Sharrock
Electric, Inc. for the Davis Boulevard at Shadvwood Lane Traffic Sianal
Installation Proiect
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C.O PUBLIC HEARINGS
C.1 ZC 2006-05 Public Hearina and Consideration of a Request From Brad Hardv to
Approve a Zonina Chanae from "C-1" Commercial to "RI-PD" Residentiallnfill -
Planned Development (Located in the 8200 Block of Starnes Road - beina Lot
11A, Block 6, Crestwood Estates Addition - 3.63 acres) *****Letter submitted to
Continue item to next Council Meetina - Januarv 8, 2007****
D.O PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
D.1 FP 2006-14 Consideration of a Request from Dencil S. Lana III to Approve a
Final Plat of Lot 1, Block 1, Dencil Lona III Estates (Located in the 6700 Block of
Meadow Road. - 2.838 acres). ***Letter submitted bv applicant to Continue item
to next Council Meetina - Januarv 8, 2007***
E.O PUBLIC WORKS
E.1 PU 2006-061 Approve Aareement between The City of North Richland Hills and
Redflex Traffic Systems, Inc. for the Red Liaht Automated Traffic Sianal
Enforcement System - Resolution No. 2006-105
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E.2 PW 2006-040 Approve Municipal Maintenance Aareement (MMA) with the Texas
Department of Transportation for Placement of Cameras on State Hiahwav
Riaht-of-Wav - Resolution No. 2006-102
E.3 PW 2006-039 Approve Amendment to Municipal Maintenance Aareement (MMA)
with the Texas Department of Transportation for the Installation of Camera
Monitorina Systems on State Hiahwav Riqhts-of-Wav and Siqnalized
Intersections - Resolution No. 2006-104
F.O GENERAL ITEMS
F.1 GN 2006-113 Consideration of Amendinq Chapter 106 of the General Code of
Ordinances bv Revisina the Siqn Reaulations - Ordinance No. 2916
F.2 GN 2006-110 Renewal of Medical Director's Contract - Resolution No. 2006-106
F.3 GN 2006-116 Approve Manaaement Aareement with Everareen Alliance Golf
Limited, L.P. for Services at Iron Horse Golf Course - Resolution No. 2006-109
F.4 GN 2006-114 Approve 2007 State Leqislative Proqram
F.5 GN 2006-111 Aareement with TxDOT for 2006-2007 Holidav D.W.I. Enforcement
Grant - Resolution No. 2006-107
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F.6 GN 2006-112 Ordinance Requirinq Burqlar Alarm Permit - Ordinance No. 2915
F.7 INFORMATION AND REPORTS - Councilman Turnaqe
F.B Adjournment
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Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 12-11-2006
Agenda No. A.O
Subject: Call to Order - Mayor Trevino
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CITY OF
. NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 12-11-2006
Presented by: Agenda No. A.1
Subject: Invocation - Councilman Whitson
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CITY OF
. NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 12-11-2006
Presented by: Agenda No. A.2
Subject: Pledge and Flag Ceremony - Scout Troop #434
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Department: City Secretary
Presented by: Kathy Luppy
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 12-11-2006
Agenda No. A.3'
Subject: Special Presentation(s) and Recognition(s) - Kathy Luppy
Keep NRH Beautiful Holiday Lighting Awards
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 12-11-2006
Agenda No. A.4
Subject: Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Councilor another City Board or Commission at
a later date. In order to address the Council, please complete a Public Meeting
Appearance Card and present it to the City Secretary prior to the start of the Council
meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any
subject which is not on the posted agenda, therefore the Council will not be able to
discuss or take action on items brought up during the citizens presentation.
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Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Subject: Removal of Item(s) from Consent Agenda
Council Meeting Date: 12-11-2006
Agenda No. A.5
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 12-11-2006
Agenda No. B.O
Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed to
require little or no deliberation by the City Council and will be voted on in one motion.
There will be no separate discussion of these items unless a Council Member so
requests, in which event the item will be removed from the Consent Agenda and
considered.
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CITY OF
. NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 12-11-2006
Presented by: Agenda No. B.1
Subject: Approval of Minutes of November 13, 2006 City Council Meeting
Recommendation:
To approve the minutes of the November 13, 2006 City Council Meeting.
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City Council Minutes
November 13, 2006
Page 7
COUNCILMAN TURNAGE MOVED TO APPROVE ORDINANCE No. 2912. COUNCILWOMAN
COMPTON SECONDED THE MOTION
MOTION TO APPROVE CARRIED 7-0.
C.2
SUP 2006-03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM
BRIAN JAMES TO APPROVE A SPECIAL USE PERMIT TO DEVIATE FROM THE
85% MASONRY REQUIREMENTS FOR RESIDENTIAL STRUCTURES (LOCATED
AT 8920 RUMFIELD ROAD - BEING LOT 1, BLOCK 1, JAMES ADDITION)
ORDINANCE NO. 2913
APPROVED
Mayor Trevino opened the Public Hearing.
Councilman Welch advised he was the engineer of record for the project and would
abstain from discussion and voting.
An affidavit of disqualification has been completed by Councilman Welch and filed with
the City Secretary stating the nature of the interest was he was engineer of record for
the project.
Mr. Brian James, applicant, presented his request for approval of a special use permit
for an exemption to the residential masonry requirement of 85% per wall elevation. Mr.
James advised the Council that he did not realize that the modifications he made to the
new home's elevations during construction did not meet City Code.
Mr. Dave Pendley, Chief Building Official, presented the request and a summary of the
issues. The applicant's approved building permit indicated that the elevation would be
masonry meeting the City's masonry requirements. The builder and applicant, without
knowledge or approval of the Building Inspection Department, altered the elevations
during construction. One of the options available to the applicant that will allow him to
proceed with his plan is the approval of a special use permit by the Council. The
applicant will be required to redo the elevation in accordance with the approved building
plans if Council does not approve the special use permit.
Mayor Trevino called for anyone wishing to speak in favor of the request to come
forward.
Randy Shiflet, Chairman of P&Z Commission, 7524 Woodhaven Drive came forward.
He explained that the east side elevation was the only side impacted. The other three
sides of the house meet the requirements. The commission did consider that if the
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MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS,
HELD IN THE CITY HAll, 7301 NORTHEAST
. LOOP 820 - NOVEMBER 13, 2006
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
13th day of November, 2006 at 6:00 p.m. in the Council Work Room prior to the 7:00
p.m. regular Council meeting.
Present:
Oscar Trevino
John Lewis
Ken Sapp
Suzy Compton
Tim Barth
David Whitson
Scott Turnage
Tim Welch
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Staff Members: Larry J. Cunningham
Richard Torres
Ogden Bo Bass
Karen Bostic
Patricia Hutson
Monica Solko
George Staples
Mary Edwards
John Pitstick
Larry Koonce
Mike Curtis
Vickie Loftice
Drew Corn
JoAnn Stout
Eric Wilhite
Dave Pendley
Chris Swartz
Call to Order
Mayor
Mayor Pro Tem, Place 1
Council, Place 2
Council, Place 3
Council, Place 4
Council, Place 5
Council, Place 6
Council, Place 7
City Manager
Assistant City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
City Secretary
Assistant City Secretary
City Attorney
Public Information Officer
Director of Planning & Development
Finance Director
Public Works Director
Director of Parks & Recreation
Budget Director
Director of Neighborhood Services
Planner
Chief Building Official
Aquatic Manager
Mayor Trevino called the work session to order at 6:00 p.m.
A.1 Discuss Items from Reaular City Council Meetina
There were no questions from the Council.
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City Council Minutes
November 13, 2006
Page 2
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A.2 IR 2006-117 Presentation of Boulevard 26 Intersection Desian Concepts
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Councilman Whitson, member of the Boulevard 26 Oversight Committee, presented to
Council the committee's recommendations for intersection improvements at Boulevard
26 and Rufe Snow and Boulevard 26 and Glenview Drive. Councilman Whitson advised
that also representing the City on the committee is Councilman Turnage. Other
committee members are Mike Rigby, Chair, and two council members from the City of
Richland Hills - Phil Heinze and Jeff Ritter. At the committee's October 19 meeting,
Schrickel, Rollins and Associates presented for consideration four concept designs.
The committee is unanimously recommending to both cities concept B-2. B-2 includes
landscaping, signs, signals, a two-inch asphalt overlay with stripped crosswalks and a
painted oval. The committee is also unanimously recommending the addition of
Concept C as an added alternate bid. Concept C includes the addition of colored and
stamped concrete in the crosswalks. Councilman Whitson showed visual concepts of
the Boulevard 26 and Rufe Snow intersection and the Boulevard 26 and Glenview Drive
intersection. The project's budget includes approximately $800,000 for construction
costs; costs could be between $50,000 and $200,000 over budget depending on which
design option is constructed. All costs will be shared equally by both cities. Councilman
Sapp questioned if both Band C would be bid. Councilman Whitson explained that B-2
would be bid with an option to add Option C. Councilman Welch questioned if the cost
of concrete had been compared to cost of asphalt for the intersections. Mr. Pitstick
advised that it had been considered, but if concrete were used, improvements could be
made to only one intersection. Council took formal action on the item during the regular
meeting.
A.3 IR 2006-118 NRH20 2006 End of Season Report
Mr. Chris Swartz, Aquatic Manager, presented a PowerPoint presentation highlighting
NRH20's 2006 End of Season report. Highlights of the report included -
· Second best summer in terms of attendance
· Best revenue year - over $3.9 million - increase of 13.6 percent from last season
· Highest season pass totals - 10,848 passes sold
· Highest group exclusive revenue - over $165,000
· Third best food and beverage revenue - over $410,000
· Fifth best locker and gift shop combined revenue - over $165,000
Mr. Swartz reviewed the revenue operations of the park and the 2006 survey results.
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Mayor Trevino questioned if consideration had been given to making the check-in area
and picture taking more user friendly and faster. Mr. Swartz explained the problem was
that the vendor did not support the ability to upload a photo with online season pass
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City Council Minutes
November 13, 2006
Page 3
purchase, but that several options were currently being considered to move the season
passes to the front gate and improve service.
A.4 IR 2006-119 NRH20 Strateaic Plan Implementation Update
Mr. Chris Swartz, Aquatic Manager, highlighted the goals, short-term action items,
estimated completion and status of the implementation timeline for the Strategic Plan
update. The Council approved the Strategic Plan update at their September 26, 2005
meeting and on November 14, 2005 staff presented to Council an implementation
timeline. One of the goals was to allow incremental annual increases to the historically
low marquee price at NRH20. Mr. Swartz presented to the Council the recommended
2007 pricing for NRH20. Council concurred with the Strategic Plan Implementation
Update including the recommendations of Staff for 2007 ticket pricing.
A.5 IR 2006-120 Discuss Upcomina State and Federal Leaislative Proarams
Ms. Karen Bostic, Managing Director, advised the Council the 80th Legislative Session
will begin January 9 and the prefiling of bills began November 13. The City will use the
following guiding principles to determine positions on city related issues:
· Local control
· A predictable and sufficient level of revenue
· Opposition to unfunded mandates
· Quality of life
Council was asked to submit to the City Manager's office any priorities for the City's
2007 Legislative Program, which will be presented for Council approval at the
December 11 meeting. Council was also advised that the 110th Federal Legislative
Session would begin January 3, 2007.
A.6 Executive Session and Adiournment
Mayor Trevino announced at 6:40 p.m. that the Council would adjourn into Executive
Session as authorized by Chapter 551 Texas Government Code, Section 551.072 to
discuss land acquisition located in the Loop 820 Corridor.
Mayor Trevino announced at 7:00 p.m. that the Council would adjourn to the regular
Council meeting.
REGULAR COUNCIL MEETING
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City Council Minutes
November 13, 2006
Page 4
A.O
CALL TO ORDER
Mayor Trevino called the meeting to order November 13, 2006 at 7:06 p.m.
ROLL CALL
Present:
Oscar Trevino
John Lewis
Ken Sapp
Suzy Compton
Tim Barth
David Whitson
Scott Turnage
Tim Welch
Mayor
Mayor Pro Tem, Council Place 1
Council, Place 2
Council, Place 3
Council, Place 4
Council, Place 5
Council, Place 6
Council, Place 7
Staff:
Larry J. Cunningham
Ogden Bo Bass
Richard Torres
Patricia Hutson
Monica Solko
George Staples
City Manager
Assistant City Manager
Assistant City Manager
City Secretary
Assistant City Secretary
Attorney
A.1
INVOCA TION
Councilman Sapp gave the invocation.
A.2
PLEDGE OF ALLEGIANCE
Councilman Sapp led the pledge of allegiance.
A.3
SPECIAL PRESENTATION(S) AND RECOGNITION(S)
None.
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City Council Minutes
November 13, 2006
Page 5
A.4
CITIZENS PRESENTATION
Mrs. Laverne O'Steen, 8429 Emerald Circle, appeared before the Council and advised
this was her 19th citizen presentation since February 2006 about the Emerald Lakes
facility. Mrs. O'Steen stated that the facility was not permitted by the City of North
Richland Hills before the construction of and therefore this project should never have
happened. Mrs. O'Steen stated that the walls were not inspected and it was her
understanding that some failed during construction and had to be reconstructed. Mrs.
O'Steen stated that she had not heard any dates, times, or engineering firm names for a
study to be conducted to know what to fix, what is causing the problem and an accurate
cost estimate. Mrs. O'Steen stated that to whom it is that is concerned about tax
dollars, it is her tax dollars as well and that she could not help that the City has drug its
feet. Mrs. O'Steen stated to Mayor Trevino that the open meetings act had not stopped
his discussion and attacks after her presentations.
Mayor Trevino asked for the Attorney to address what the City Council can do to
respond to Mrs. O'Steen.
Mr. Staples advised the Council that the City can do nothing. Mrs. O'Steen is factually
and legally incorrect. The City did not create the problem; the City properly permitted
and did everything required by law. Mr. Staples further advised that the problem is Mrs.
O'Steen's problem; it is a private problem and not a public problem. The City Council
cannot spend public funds to solve private problems of this nature.
Councilman Whitson called for point of order. Councilman Whitson stated that he
thought the Council Rules of Procedure prohibited attacks against the Mayor, Council
and Staff. Councilman Whitson requested Staff to look into.
Mayor Trevino stated that as chair of meeting he did not take Mrs. O'Steen's comments
as an attack, but would request that the City Manager look into.
A.5
REMOVAL OF ITEM{S) FROM THE CONSENT AGENDA
None.
8.0
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
City Council Minutes
November 13, 2006
Page 6
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B.1 APPROVAL OF MINUTES OF OCTOBER 23,2006 CITY COUNCIL MEETING
B.2 PW 2006-038 APPROVE CITY-DEVELOPER AGREEMENT WITH RICHLAND
RETAIL, L.P. FOR FUTURE IMPROVEMENTS TO SHADY GROVE ROAD -
RESOLUTION NO. 2006-091
B.3 PU 2006-060 AUTHORIZATION TO EXTEND WRECKER SERVICES
CONTRACT WITH AA WRECKER SERVICE RESOLUTION NO.2006-099
B.4 GN 2006-102 CONSIDERATION TO AUTHORIZE THE CITY MANAGER TO
EXECUTE A SITE ACCESS AGREEMENT WITH THE CITY OF FORT WORTH
- RESOLUTION NO. 2006-097
COUNCILMAN SAPP MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
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PUBLIC HEARINGS
C.1
ZC 2006-14 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM
KEVIN NUGEN TO APPROVE A ZONING CHANGE FROM "R-3" RESIDENTIAL TO
"CS" COMMUNITY SERVICES (LOCATED AT 8316 WOODS LANE - BEING LOT 2,
BLOCK 2, WOODBERT ADDITION) ORDINANCE NO. 2912
APPROVED
Mayor Trevino opened the Public Hearing.
Mr. Kevin Nugen, applicant, presented his request. Request is to rezone a .481 acre
site from R-3 Single Family Residential to CS Commercial Services for the purpose of
building a small professional services office.
Mr. Eric Wilhite, Chief Planner, presented a summary of the case, Planning and Zoning
and Staff recommendations. The proposed use of the land is consistent with the
Comprehensive Plan. The Planning & Zoning Commission recommended approval of
the request at their October 19 meeting.
Mayor Trevino called for anyone wishing to speak for or against the request to come
forward.
. There being no one wishing to speak, Mayor Trevino closed the Public Hearing.
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City Council Minutes
November 13, 2006
Page 7
COUNCILMAN TURNAGE MOVED TO APPROVE ORDINANCE No. 2912. COUNCILWOMAN
COMPTON SECONDED THE MOTION
MOTION TO APPROVE CARRIED 7-0.
C.2
SUP 2006-03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM
BRIAN JAMES TO APPROVE A SPECIAL USE PERMIT TO DEVIATE FROM THE
85°/Ó MASONRY REQUIREMENTS FOR RESIDENTIAL STRUCTURES (LOCATED
AT 8920 RUMFIELD ROAD - BEING LOT 1, BLOCK 1, JAMES ADDITION)
ORDINANCE NO. 2913
APPROVED
Mayor Trevino opened the Public Hearing.
Councilman Welch advised he was the engineer of record for the project and would
abstain from discussion and voting.
An affidavit of disqualification has been completed by Councilman Welch and filed with
the City Secretary stating the nature of the interest was he was engineer of record for
the project.
Mr. Brian James, applicant, presented his request for approval of a special use permit
for an exemption to the residential masonry requirement of 850/0 per wall elevation. Mr.
James advised the Council that he did not realize that the modifications he made to the
new home's elevations during construction did not meet City Code.
Mr. Dave Pendley, Chief Building Official, presented the request and a summary of the
issues. The applicant's approved building permit indicated that the elevation would be
masonry meeting the City's masonry requirements. The builder and applicant, without
knowledge or approval of the Building Inspection Department, altered the elevations
during construction. One of the options available to the applicant that will allow him to
proceed with his plan is the approval of a special use permit by the Council. The
applicant will be required to redo the elevation in accordance with the approved building
plans if Council does not approve the special use permit.
Mayor Trevino called for anyone wishing to speak in favor of the request to come
forward.
Randy Shiflet, Chairman of P&Z Commission, 7524 Woodhaven Drive came forward.
He explained that the east side elevation was the only side impacted. The other three
sides of the house meet the requirements. The commission did consider that if the
City Council Minutes
November 13, 2006
Page 8
.
homeowner complied with the 85% masonry it would make the structure look odd due to
all the accented cedar in other areas.
Mr. James came forward again and advised the Council that their concern for the
upkeep of the cedar would not be a problem. He stated that he would treat the cedar as
often as needed.
Mayor Trevino called for anyone else in favor of the request to come forward. There
being no one, Mayor Trevino called for anyone opposed to the request to come forward.
There being no one, Mayor Trevino closed the public hearing and called for a motion.
MAYOR PRO TEM LEWIS MOVED TO APPROVE ORDINANCE 2913. COUNCILMAN WHITSON
SECONDED THE MOTION.
.
Council discussed the purpose of the masonry requirements and other city ordinances
was to ensure that as the City is finished out, neighborhood aesthetics and values are
increased. Council discussed that they were not concerned with the look of the house,
but were concerned with the house not meeting the masonry requirements. Council
discussed that they did not want this to be used as a precedence for future home
builders and that once plans are approved by staff, any changes will be submitted to
staff for approval. Council was concerned that by approving this SUP request, others
will also try to ask forgiveness rather than permission. The Council made comments
that this particular request was being supported only because of the oversight and the
cost to correct the oversight would be the responsibility of Mr. James. Council warned
that approval of future SUP requests of this nature would be a gamble and that the next
individual could be out the expense to meet the requirements of the City. The Council
also expressed their concerns with the maintenance of the cedar. Council commented
that while Mr. James was committed to the maintenance of the cedar, they were
concerned with future owners of the house maintaining the cedar.
MOTION TO APPROVE CARRIED 5-1; COUNCILMAN SAPP VOTING AGAINST; COUNCILMAN
WELCH ABSTAINING.
e
C.3
GN 2006-103 PUBLIC HEARING AND CONSIDERATION OF AMENDING THE CITY
OF NORTH RICH LAND HILLS ZONING ORDINANCE BY REVISING SECTION 118-1
DEFINI'TIONS; REPEALING SECTIONS 118-204, 118-354, 118-393 AND 118-423
REQUIREMENTS FOR CONDITIONAL SPECIAL USE PERMITS AND SITE PLANS
WITHIN 200 FEET OF RESIDENTIAL PROPERTIES; REVISING SECTION 118-242
REQUIRING ADMINISTRATIVE SITE PLAN APPROVAL; REVISING SECTION 118-
631 AMENDING TABLE OF PERMITTED USES - ORDINANCE NO. 2910
APPROVED
City Council Minutes
November 13, 2006
Page 9
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Eric Wilhite called on Randy Shiflet, Chairman of P&Z Commission to come forward.
Mr. Shiflet came before Council on behalf of the P&Z Commission to express their
support for Ordinance No. 2910.
Eric Wilhite presented a PowerPoint presentation. He explained that this ordinance
amendment revises the Table of Permitted Uses in the Zoning Ordinance, creates new
definitions, repeals sections dealing with Conditional Special Use Permits and Site
Plans within 200 feet of residential properties, and creates a requirement for
administrative site plan approval. These proposed changes are an effort to clarify
permitted uses and make the permitted use table more understandable. There are six
basic changes to the proposed zoning text revisions: (1) elimination of the conditional
special use permits (CS), (2) providing for administrative site plan approval by staff, (3)
specifying outdoor commercial uses to allow and encourage outdoor entertainment
uses, (4) specifying a minimum of 5 acres for automobile and truck dealerships, (5)
clarifying allowed uses with alcohol sales, (6) adding new and unlisted land uses
(section 118-1).
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Many of the changes to the table of permitted uses are a direct response to a desire by
the City to be increasingly selective in the approval of specific types of land uses, their
general and particular location, and their physical relationships to both existing and
future adjacent land uses. As is to be expected, new types of land uses have been and
will always be requested by developers and these amendments include several such
new land use types. Modification of the administrative site plan provisions are intended
to shorten the overall review time spent by developers without sacrificing quality of
design or compliance with City development standards.
The Planning and Zoning Commission and staff believes these amendments will both
strengthen and expand the City Council's ability, through land planning and land use
controls, to meet several key community goals and objectives including enhancing
economic vitality and furthering private investment, the conservation of both commercial
and residential neighborhoods, and the overall protection of land use values throughout
our Community.
The Planning & Zoning Commission held a public hearing on the proposed changes to
the zoning ordinance on Thursday, October 19, 2006 and recommended 6-0 to
approve Ordinance No. 2910.
Mayor Trevino opened the Public Hearing and called for anyone in favor of the changes
to come forward.
Randy Shiflet, Chairman of P&Z Commission came forward. He commented again that
the P&Z Commission unanimously voted for support of the changes.
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City Council Minutes
November 13, 2006
Page 10
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Mayor Trevino called for anyone in favor of or opposed to the changes to come forward.
There being no one wishing to speak Mayor Trevino closed the Public Hearing and
called for a motion.
COUNCILMAN WELCH MOVED TO APPROVE ORDINANCE No. 2910. COUNCILMAN SAPP
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
PLANNING & DEVELOPMENT
.
D.1
GN 2006-104 JOINT RESOLUTION OF THE CITY COUNCILS OF RICHLAND HILLS
AND NORTH RICHLAND HILLS ENDORSING BOULEVARD 26 STREETSCAPE
DESIGN CONCEPTS FOR CONSTRUCTION OF INTERSECTION IMPROVEMENTS
AT RUFE SNOW AND BOULEVARD 26 AND GLENVIEW DRIVE AND BOULEVARD
26 - RESOLUTION NO. 2006-098
APPROVED
John Pitstick, Director of Planning and Development, presented the item. He stated that
staff has worked closely with the Boulevard 26 Oversight Committee and Schrickel,
Rollins and Associates to bring the conceptual design of the Boulevard 26 Corridor into
a realistic and practical design in preparation for construction. Four basic options were
presented to the Oversight Committee on Thursday, October 19, 2006 including A, B1,
B2 and C.
It was a unanimous decision to proceed with Option B2 which includes improvements to
both intersections for full landscaping, signs and signal improvements, 2 inch asphalt
overlay and striped crosswalks and a painted oval as a base bid. It was also
unanimously decided that should funding be available, an add alternate bid will be
considered for selecting Option C which includes the addition of colored and stamped
concrete in the crosswalks. The current budget for this project includes approximately
$800,000 for construction costs. Schrickel, Rollins and Associates has estimated that
construction costs could be between $50,000 and $200,000 over budget depending on
which design option is ultimately constructed. These costs would be shared by both
cities.
Staff has prepared a joint resolution with the City of Richland Hills. This resolution will
be presented to the City of Richland Hills on Tuesday, November 14th for approval.
. Councilman Welch left the Council Meeting at 8:03 p.m.
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City Council Minutes
November 13, 2006
Page 11
COUNCILMAN WHITSON MOVED TO APPROVE RESOLUTION No. 2006-098. COUNCILMAN
TURNAGE SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
PUBLIC WORKS
There were no items for this category.
GENERAL ITEMS
F.1
GN 2006-105 AMENDING THE INTERLOCAL AGREEMENT BETWEEN THE CITIES
OF NORTH RICH LAND HILLS AND KELLER FOR ANIMAL CREMATION SERVICES
- RESOLUTION NO. 2006-100
APPROVED
Jo Ann Stout, Director of Neighborhood Services, presented the item. She explained
that Neighborhood Services Department's desire was to ensure all municipalities that
request our services are charged the same fee for crematory services and all service
relationships are approved through an interlocal agreement.
Staff has chosen a roughly middle range rate for such services ($30 per animal) as
gathered from a survey of comparable cities that also provide crematory services. This
amendment will, if approved, ensure that the City of Keller and any future municipalities
that request our services will be charged the same amount. This will also require
approval of an interlocal agreement by the City Council for the provision of such
services.
COUNCILWOMAN COMPTON MOVED TO APPROVE RESOLUTION No. 2006-100. COUNCILMAN
BARTH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
City Council Minutes
November 13, 2006
Page 12
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F.2
GN 2006-101 AMEND CHAPTER 54, TO ADD ARTICLE X AUTOMATED TRAFFIC
SIGNAL ENFORCEMENT - ORDINANCE NO. 2911
APPROVED
Mayor Trevino announced that the next two items (F.2 and F.3) were related and would
be discussed together but would be voted separately. Jimmy Perdue, Chief of Police,
came forward and presented a PowerPoint presentation. He explained as our
roadways become more congested, motorists begin to look for opportunities to avoid
those traffic devices that might cause them to be delayed. Unfortunately, often these
actions result in unsafe measures that can cause accidents. One of the contributing
factors to many accidents throughout the City is motorists failing to stop at red lights. A
recent engineering study was conducted at those and other high-accident intersections
in North Richland Hills. A temporary camera was set up and filmed the following
intersections for a total of eight hours (7-10am, 11-2pm, and 5-7pm).
.
Location
Smithfield Rd. at Mid-Cities Blvd.
Holiday Ln. at Mid Cities Blvd.
Davis Blvd. at Harwood Rd.
Davis Blvd. at Lola Dr.
Davis Blvd. at Mid-Cities Blvd.
Davis Blvd. at Maplewood Ave.
Rufe Snow Dr. at Dick Lewis
Rufe Snow Dr. at Mid-Cities Blvd.
Rufe Snow Dr. at Loop 820
# of violations
6 vehicles
16 vehicles
20 vehicles
36 vehicles
36 vehicles
37 vehicles
61 vehicles
426 vehicles
976 vehicles
Many cities across the State have begun installing cameras at selected high-accident
locations in an attempt to reduce the number of accidents. If a violation is detected by
the system, then a digital image is downloaded to a server where the picture is reviewed
by a police officer to verify the violation. If a violation is confirmed, then a citation is sent
to the registered owner. The amount being charged by most jurisdictions is $75.00 for
the first occurrence. Since we have a number of intersections eligible for red light
cameras that are located on a State Highway, a new Municipal Maintenance Agreement
(MMA) will be completed and brought to the City Council for approval. This is being
coordinated by the Public Works Department. There are numerous benefits to the City
of North Richland Hills and its residents through the use of an automated red light
enforcement system.
COUNCILWOMAN COMPTON MOVED TO APPROVE ORDINANCE No. 2911. COUNCILMAN
TURNAGE SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
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City Council Minutes
November 13, 2006
Page 13
F.3
GN 2006-109 CONSIDER APPROVAL OF TRAFFIC SAFETY FUND MEMORANDUM
OF USAGE - RESOLUTION NO. 2006-103
APPROVED
Chief Perdue explained that the Council consensus at the October 23, 2006 Work
Session was for Staff to bring forward the Policy on Uses of Revenues from the
Automated Signal Enforcement Program for approval.
The policy is intended to establish guidelines governing the usage of funds and defining
the scope of resources for which the Traffic Safety Fund may be utilized. The Fund is
established by City Ordinance and is defined as the gross collections derived from civil
violations in accordance with Article X of Chapter 54 of the Municipal Code. The Funds
may be expended only for the costs of automated signal enforcement under this article,
public traffic or pedestrian safety programs, traffic enforcement, intersection
improvements, and other uses as determined on an annual basis by resolution of the
City Council.
The policy is in anticipation of the City receiving revenues from an automated traffic
signal enforcement program (red light camera) over the next several years. It is
important that the City not become reliant on these funds as the program is intended to
have a diminishing revenue stream as it becomes effective. The policy is to be
reviewed on an annual basis to allow for any modifications.
COUNCILMAN SAPP MOVED TO APPROVE RESOLUTION No. 2006-103. MA VOR PRO TEM
LEWIS SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
F.4
GN 2006-106 APPOINTMENTS TO NAMING BOARD
APPROVED
Patricia Hutson, City Secretary, presented the item. She stated that the Naming Board
was established by Ordinance No. 2517 for the purpose of submitting recommendations
to the City Council for the naming of City facilities, which includes parks, buildings,
streets and other publicly owned facilities. The Board consists of three Council
members. Mayor Trevino, Councilwoman Compton and Councilman Lewis are
currently serving on this board. The ordinance provides that the appointments to the
board are to be made annually and that the Mayor, subject to Council approval, makes
the appointments. Mayor Trevino is recommending that Councilwoman Compton,
Councilman Barth and Councilman Turnage be appointed to the Board.
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e
City Council Minutes
November 13, 2006
Page 14
MAYOR PRO TEM LEWIS MOVED TO APPROVE THE MAYOR'S RECOMMENDATION FOR THE
APPOINTMENT OF COUNCILWOMAN COMPTON, COUNCILMAN BARTH AND COUNCILMAN
TURNAGE TO THE NAMING BOARD COMMITTEE. COUNCILMAN WHITSON SECONDED THE
MOTION.
MOTION TO APPROVE CARRIED 6-0.
F.5
GN 2006-107 APPOINTMENTS TO KEEP NRH BEAUTIFUL COMMISSION- PLACES
1,5 AND ALTERNATE
APPROVED
Patricia Hutson, City Secretary, presented the item. She explained that Places 1, 5 and
the Alternate position on Keep NRH Beautiful Committee are currently vacant. Mayor
Pro Tem Lewis is recommending the appointment of Ms. Teresa Hebert to the Place 1
position. Ms. Hebert lives in the northern quadrant of the City. Councilman Whitson is
recommending the appointment of Ms. Dianna Madar to the Place 5 position. Ms.
Madar has been serving as the Alternate since June 2006. Mayor Trevino is
recommending the appointment of Ms. Dianne Spradling to the Alternate position. Ms.
Spradling lives in the eastern quadrant of the City.
COUNCILMAN WHITSON MOVED TO APPOINT THE FOLLOWING TO THE KEEP NRH BEAUTIFUL
COMMISSION:
PLACE 1 - TERESA HEBERT
PLACE 5 - DIANNA MADAR
ALTERNATE - DIANNE SPRADLING
COUNCILWOMAN COMPTON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6-0.
F .5.1
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK
SESSION AGENDA
No action needed.
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City Council Minutes
November 13, 2006
Page 15
F.6
INFORMATION AND REPORTS
Mayor Pro Tem Lewis made the following announcements.
City offices will be closed on Thursday and Friday, November 23 and 24, in observance
of the Thanksgiving holiday. Garbage and recycling will not b~ collected on
Thanksgiving Day. It will be collected on Friday, instead.
The November 27th City Council Meeting has been cancelled. The next Council Meeting
will be held on December 11 th.
The Neighborhood Services Department is seeking volunteers for a LitterNot clean up
event on Tuesday, November 21 st. For more information, please contact Neighborhood
Services at 817-427-6651 .
The City's 2006/2007 Budget is now available online. To view the budget, log on to
www.nrhtx.com. go to the government tab and click on annual budget.
Kudos Korner - Ed Harsh, Public Works Department - A resident called to express
appreciation for Ed and the assistance he provided when she ran out of gas. Ed made
sure that her car was out of traffic and brought her enough gas to get to a service
station. The woman said she is glad to know there are still people willing to help others
and she is glad they are here in North Richland Hills.
F.7
ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:45 p.m.
Oscar Trevino - Mayor
ATTEST:
Patricia Hutson - City Secretary
·
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development
Presented by: Eric Wilhite
Council Meeting Date: 12-11-2006
Agenda No. B.2
Subject: FP 2006-13 Consideration of a Request from Randy Seale to Approve a Final
Plat of Lots1-4, Block 15, Windcrest Addition Phase II (Located in the 7400 Block of
Douglas Lane - 1.234 acres).
Case Summary: The applicant, Randy Seale is requesting approval of the Final Plat
of Lots 1-4, Block 15, Windcrest Addition Phase II.
Current Zoning: The current zoning is "R-2" single family.
Thoroughfare Plan: The site has frontage on Douglas Lane, a two lane collector
with 60 feet of right of way.
Comprehensive Plan: The Com'prehensive Plan indicates Neighborhood Service
uses. The proposed plat is consistent with the Plan.
Staff Review: The Development Review Committee has reviewed the plat and has
determined that it is consistent with the approved preliminary plat and sub-division
regulations.
· Rough Proportionality: At the Planning & Zoning Commission Meeting of August 17,
2006, the Planning & Zoning Commission approved the Public Works Department's
rough proportionality determination that the developer will be required to assume 1000/0
of the amount required for the public infrastructure improvements indicated on the final
approved public infrastructure construction plans for the Windcrest Addition Phase II,
Lots 1 - 4, Block 15 Subdivision.
Vested Rights:
The development rights vested on October, 2006.
Planning and Zoning Commission Recommendation:
Commission recommended 6-0 to approve.
The Planning & Zoning
Staff Recommendation: Approval of FP 2006-13.
Review Schedule:
Application: 10/7/3/06 Final Hearing: 12/11/06
Total Review Time: 8 weeks
·
.
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FP 2006-13
Final Plat
Winder est Addition Phase II, Lots 1-4, Block 15
7400 Block of Douglas Lane
Prepared by Planning 9/21/06
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o 75 150 300 450 600
.
.
Public Works Sign Off Letter
NI~H
CITY OF NORTH RICHLAND HILLS
MEMO
TO: Eric Wilhite. Chief Planner
FROM:
Glenn Smith, Engineer Associate l'
SUBJECT: Windcrest Addition, Phase II; Block 15 - Lots 1-4
Final Plat - FP2006-13
DATE:
November 7 t 2006
Pu blic Works has reviewed the final plat and final construction plans submitted to this
office on November 71 2006. All Public Works' requirements have been met.
cc: Greg Van Nieuwenhuize, Assistant Public Works Director
.
GES/pwm2006-221
.
.
.
.
Excerpt from November 16, 2006 Planning & Zoning Commission Meeting
FP 2006-13
CONSIDERATION OF A REQUEST FROM RANDY SEALE TO APPROVE A FINAL
PLAT OF LOTS 1-4, BLOCK 15, WINDCREST ADDITION PHASE II (LOCATED IN
THE 7400 BLOCK OF DOUGLAS LANE -1.234 ACRES).
APPROVED
Mr. Randy Seale, 6529 Meadow Lakes Drive, applicant, came forward in support of his
request of the Final Plat of Lots 1-4, Block 15, Windcrest Addition Phase II. The
property is currently zoned "R-2" single family. The property will be divided into 4 lots,
two fronting Douglas Lane and two fronting Starnes Road.
Mr. Mark Long, 1650 Precinct Line Road, represents· the applicant, is the engineer for
the project. They want to develop 4 residential lots with R-2 zoning. All comments have
been addressed regarding drainage and water sewer.
Eric Wilhite advised that staff recommends approval of FP2006-13.
As there was no further discussion, the Chairman called for a vote on the motion.
Don Bowen, seconded by Brenda Cole, motioned to approve FP 2006-13. The
motion carried unanimously (6-0). Randy Shiflett was absent.
.
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CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Presented by: Mike Curtis
Council Meeting Date: 12-11-2006
Agenda No. B.3
Subject: PAY 2006-006 Approve Final Payment in the amount of $2,041.98 to Sharrock
Electric, Inc. for the Davis Boulevard at Shadywood Lane Traffic Signal Installation
Project
This project consisted of the installation of a new traffic signal at the intersection of
Davis Boulevard and Shadywood Lane. The project was awarded by Council on May 9,
2005, PW 2005-006 for $74,678.70 to Sharrock Electric, Inc. Final payment to the
contractor will make his total earnings on the project $74,294.40, which is $384.30
under the contract amount. The project is now complete and the traffic signal is
functioning as required.
Recommendation: To approve final payment in the amount of $2,041.98 to Sharrock
Electric, Inc.
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13 Jut 05 10:55 GtS_0527 S_Signalizatìon~a\A'lt Shadywood.mxd
(Excerpt from 2005/06 Capital Projects Budget)
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(Davis Blvd. @
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Signalization
(Davis Blvd. @
Shadywood Ln.)
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Department: City Secretary
Presented by:
Subject: PUBLIC HEARINGS
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 12-11-2006
Agenda No. C.O
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CITY OF
NORTH RICHLAND HILLS
Department: Planning
Presented by: Eric Wilhite
Council Meeting Date: 12-11-2006
Agenda No. C.1
Subject: ZC 2006-05 Public Hearing and Consideration of a Request From Brad Hardy
to Approve a Zoning Change from "C-1" Commercial to "RI-PD" Residential Infill -
Planned Development (Located in the 8200 Block of Starnes Road - being Lot 11 A,
Block 6, Crestwood Estates Addition - 3.63 acres) *****Letter submitted to Continue item
to next Council Meeting - January 8, 2007****
Case Summary: The applicant, Nisher, Inc., represented by Brad Hardy, is requesting
approval of a zoning change from "C-1" Commercial to "RI-PD" Residential Infill-
Planned Development. The 3.63 acre site is located in the 8200 Block of Starnes Road.
Site Plan Requirement: All requests for PD zoning must be accompanied by a site
plan detailing the various elements of the proposed development. The applicant has
submitted a plan and a narrative that outlines the development guidelines specific to this
project.
Existing Site Conditions: The site is vacant with some large tree masses on the north
and south ends. The site slopes toward the north from the south. The 100 year flood
plain encroaches on a portion of the open space being preserved on the northern
portion of the development.
Thoroughfare Plan: The site has frontage on Starnes Road, a 2-lane, undivided,
collector street with 60 feet Right of Way (ROW).
Comprehensive Plan: The Comprehensive Plan depicts public/semi public uses for
this area. The proposed density of residential units (5.0 units per acre-net) is slightly
higher than traditional "R-2" zoning.
Plat Status: The applicant will complete platting after zoning request hearings.
Adjacent Zoning / Land Use:
North: "C-1" / Commercial
East: "C-1" / Commercial
South: "R-2" / Single family neighborhood
West: "R-2" / Single family neighborhood
Land Use Summary:
· Total acreage
· Number of lots
· Gross density
3.63 acres
18 for residential use, 4 smaller common areas
5 units per acre net
Minimum Lot Dimensions/Setbacks:
.
· Min. house size 2,000 sq. ft.
· Min. lot area 5,076 sq. ft.
· Average lot area 5,700 sq. ft.
· Avg. lot width Approximately 47 feet
· Avg. lot depth Approximately 103 feet
· Min. front bldg. setback 10 feet (22 feet for front entry garages)
· Min. side setback 5 feet (10 feet minimum between residential
structures)
· Min. rear setback 15 feet, 20 feet on allies
· Max. height 38 feet
Development amenities:
· Established Homeowners Association;
· HOA maintained common areas consisting of 4 community open spaces and 2
landscape features/medians, private street;
· Common area landscape amenities include preservation of native tree vegetation;
· Use of decorative brick pavers;
· Use of decorative "Old World" cast iron street light and mail box pedestals;
· Meandering sidewalk along the development's street;
· Use of a 6 feet masonry fence on exterior boundary along commercial zoning as well
as along Starnes Road.
. Housing amenities:
· 85% masonry all elevations, using enhanced brick patterns, and rock/stone accent;
· Wood garage doors;
· Minimum 20 feet front setback for front entry garages;
· All driveways to be brick pavers or stamped concrete;
Planning and Zoning Commission Recommendation:
Commission recommended 4-2 to approve.
The Planning & Zoning
Staff Recommendation: Approve the applicant's request for the Continuation of ZC
2006-05 to the City Council meeting of January 8, 2007. Because of issues brought up
at the time of the Planning & Zoning Commission hearing the applicant will require more
time to evaluate and address.
As this item does require a Public Hearing, and as such has been advertised and
posted, Council should open the item and read the applicant's letter of request
into the record, entertain a motion to continue to January 8, 2007 and act by
voting.
Review Schedule:
Application: 6/27/06 Final Hearing: 12/11/06
Total Review Time: 20 weeks
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Letter Requesting Continuance to 1/8/2007
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B.B. Hardy
P.o. Box 884. Bcdford~ TX 76095
Phone: 817-475-l141 FAX: Y72-55ó-()69ó
En1ajJ~ brad.hardy ~(bbhardy.com
November 6" 2006
John Pitstick, Director
Eric Wilhite, Chief Planner
North Richland Hills Planning & Zoning
7301 N.E. Loop 820
North Richland Hil1s'Þ TX 76180
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Ref: Crest\vood Estates
City Council December 11
At your reccomendation we respectfulJy request that the referenced zoning
case be continued until the next City Council meeting in January.
Furthennore we request that no action by City Council be taken on this
matter until such time that we have the opportunity to represent this c.ase
before the Council.
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Excerpt from November 16, 2006 Planning & Zoning Commission Meeting
ZC 2006-05
PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BRAD HARDY
TO APPROVE A ZONING CHANGE FROM "C-1" COMMERCIAL TO "RI-PD"
RESIDENTIAL IN FILL - PLANNED DEVELOPMENT (LOCATED IN THE 8200
BLOCK OF STARNES ROAD. - 3.63 ACRES).
APPROVED
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Mr. Brad Hardy, 6445 Love Dr., Irving, applicant, said this development is Crestwood
Place Addition and they have been working on it for a couple years. They have looked
at this property since midsummer of two years ago from a lot of different angles and
rational with a lot of help from outside consultants. His company has done 54
subdivisions through out the State of Texas in the last 20 years. These have been
primarily medium to high density residential communities with over 30 of those being
medium density communities. This particular community we are working as consultants
and fee based managers. That is what my role is here today-to help the local North
Richland Hills owner get this property developed. The property is situated on Starnes
west of Davis Boulevard behind a vacant building that was formerly Winn Dixie. Winn
Dixie has been closed for several years. We are acquainted with the owner of that
property and there are not any plans for it that we are aware of. To provide the best use
for our property and to help stabilize the neighborhood we have come up with this plan
for the property. It consists of 22 lots, 18 of which are residential. The remainders are
reserved for open space for the development. We have divided the open spaces, as we
intend to have a structured homeowners association, primarily of the developers and
then it will be moved over to the homeowners. They will control the maintenance and
the liability relative to the community open space which is at the front two lots and the
front entrance and at the rear of the property and then along the private drive which
constitutes the main street for the development. We have spent considerable time
working with City staff on this project and feel that we have received a lot of good input.
We are appreciative. We did not realize it would take as long as it has. The density is
about 5 units per acre which for this property is a fairly low density for what we consider
an infill where basically the neighborhood to the north, east and south is transitioning to
commercial which is where Winn Dixie. Typically, this infill or transitional density can
work for residential which we feel is very appropriate in this case because the lots to the
west are very similar in structure to those lots even though being on a 2000 updated
basis. We are trying to offer as many amenities as we can and keep the properties as
affordable as we can. The home cost are relative to the size of the homes. The
average size is to be a minimum of 2,000 square feet. We are going to offer three plans
with variations of those three basic plans for the neighborhood and that mixture will
provide closer to 2,400 sq. ft. average and give us some insurance that as we get
through and build the property that if someone wants a smaller home we can
accommodate that. Our concern is that we really can accommodate some people that
want a smaller home of building up the property with some cushion rather than end up
with three or four properties at the end that we can't build on. We are trying to control
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that at the onset by the 3 plans we have given the quantity of lots 3 lots that are front
entry garage homes, 5 or 6 that are swing-in garages and the balance will be rear-entry
garages which are on the eastern side of the property which lend themselves to bigger,
larger homes-2,000; 2,400 or 2,500 sq. ft. homes. We feel like most of these homes will
be in the 2,400 sq. ft. range. This should give us some flexibility on the west side of the
property to work with the neighbors that we are backing up to protect sight lines and
visibility lines and be good neighbors with them. We can control on the 8 or 10 lots on
the east side to get the average 2,000 sq. ft. home. The existing grove of trees there as
you come into the property-virtually all will stay except where we are putting in the
street that will come into the neighborhood. We will loose a few trees but we will more
than mitigate the loss as we go through the property and put a minimum of 2-3" caliper
trees on each lot. The grove of trees will be kept except where the street passes
through and then we will put in brick pavers with a boulevard island, ornamental light
posts and lamps, up light it, and install some nice brick and wrought iron fencing
intermingled with the trees and try to have a nice differentiation for the community from
Starnes. Again towards the rear of the property as you go back towards the
hammerhead-that came out of Public Works and gave a lot more green space and the
Fire Department liked it just as well as the cul-de-sac. Given the fact that we are in the
flood plain back there we have to be able to change grades as we get back there over
that 100-year limit. That hammerhead configuration at the back of the street on the
turnaround lends itself to what we are trying to do.
Chairman Schopper opened the Public Hearing at 7:08 p.m. and asked if there was
anyone present to speak in favor of the request.
Mr. Jack Vise, 7420 Forrest Lane, whose property backs up to the proposed
development. Mr. Vise expressed his concerns regarding the sight lines of two-story
house looking down into the yard of one-story houses. The other was water shed. Now
when it rains there is a river running through my back yard. I understand in developing
the property drainage would be directed a different way which will help my problem.
Greg Van Nieuwenhuize said drainage will be taken care of during platting. If the
property drains toward Mr. Vise's back yard, Mr. Hardy can probably get his property to
drain to the street. If Mr. Vise's back yard is low, the water that is there will still collect
there. Drainage will be addressed during the platting process.
Mr. Bowen said that there is no way the City can legislate that the applicant can't build a
two-story house that will look down into a backyard.
Mr. Vise said he understands that. He is not against the development. In fact, this plan
is preferable to other that have been presented in the past. He is in favor.
Mr. Bowen said he thinks there will definitely be some two-story homes in there just
because of the home sizes and the smaller lots.
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Ms. Wanda Mollett, 7404 Forrest Lane, spoke against the request. She and her
husband are the second lot on Forrest Lane. Their back yard will abut the new
development. She shares the same concerns as her neighbor, and realizes that the
Commission cannot legislative the two-story homes, but as you drive through the
neighborhood, just since she has lived there, she has seen neighborhood after
neighborhood come in. It is cram as many houses on top of each other as you can. We
don't need houses with 10 foot backyard depths right behind us where we bought
because we had mature trees and larger lots--where you couldn't borrow sugar from
your neighbor by raising the window. It's too much. We bought there because of what
the neighborhood looked like. We knew this could be an issue, but we were hoping that
the current taxpayers would be protected by the Commission and that you would protect
our investment and not let them stack them in as thick as you can get them. We have
some of the largest, nicer lots around and would like to keep that consistent. Would
they be willing to try not to make such a killing on the land and maybe pluck a few
houses out of there? Can they put the single story homes on the side that abuts Forrest
Lane and put the two story homes across the street? Also the trees look like they are
only going to be saved up on Starnes. What about the trees that are behind my house?
Chairman Schopper read a letter into the record that was received-dated November
12, 2006 to the Planning and Zoning Commission regarding this case. "Dear Mr.
Chairman and Members of the Planning and Zoning Commission, We are property
owners at 7400 Forrest Lane, on the corner of Starnes Road and Forrest Lane, adjacent
to the west of the property that Mr. Brad Hardy is requesting to be rezoned from C-1
Commercial to RI-PD, Residential Infill. As property owners adjacent to this property,
we have several concerns. First, being that whatever residential infill that Mr. Hardy is
going to build that it would not in any way devalue our property. That it would hopefully
add to our property value by being attractive, being an asset to our neighborhood and
our city. Many people view this area everyday as Starnes Road is one of the most
heavily traveled roads in our city. We would also hope that this would not cause more
traffic concerns on Starnes Road. Our other concerns are the beautiful trees up and
down the property line behind our home and our neighbors homes. Please allow the
trees right behind our property line to remain and also as many to remain on and around
the building site as this only adds beauty to our neighborhood and our city. We are
trusting that you will work for our neighborhood and our city to keep them looking
beautiful. Thank you in advance for addressing these concerns. AI and Martha
Bertrum" .
As there were no others wishing to speak, the Chairman closed the Public Hearing at
7:19 p.m.
Mr. Haynes asked Mr. Hardy, how will he insure that the trees on the north and south
ends of the property will not be damaged during construction?
Mr. Hardy said during the permitting process, prior to starting the work on the
subdivision infrastructure, we propose and probably be required to provide a survey of
what is existing and also indicate any impact with the development of the property and
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how we intend to protect and preserve the trees. Fundamentally protection will be by
fencing the trees off in the areas where we intend to save the trees to keep people from
backing into the trees when loading and unloading materials. They will be fenced with
temporary type screen fencing and more than likely posted as well.
Mr. Benton asked, will the trees be removed from the lots where homes will be
developed because there is no room for them on the back of the homes on the west
side of the development?
Mr. Hardy said that is correct. There are not many of them there now. There are
drainage issues where we will have to drain the back of the property to the street.
Mr. Benton said he is also concerned with the roads coming in and the access coming
in behind some of the homes seems quite narrow. It is all squeezed in so tight and I am
looking at the lots next to it -it doesn't look real appealing to me. I don't know if
eliminating a lot on each side and spreading that out if it is a possibility.
Mr. Hardy said the site plan shows the maximum outside limits which shows more
ground coverage than will probably be used, but it does show the worst case scenario.
If more 2-story homes are done on the east side, then there will more be more open
space. We have to keep all the lots proportionate in size, to keep a balance in the
neighborhood both from a marketing standpoint and homeowner association
maintenance and expense.
Mr. Bowen said concerning the design of the hammerhead that it has been approved by
the Fire Department. The thing is if someone is parking there car up there then it is not
available. It seems to me that at least in this hammerhead there should be no parking
in there as it is used for a turn-around.
Mr. Hardy said that it will be striped as a no parking zone. It will also be laid out in the
homeowner's association rule book but physically marked on the street as well.
Mr. Cooper asked since it will be a private street, who will enforce the parking? He
thinks the hammerhead is a good alternative to the cul-de-sac. He is concerned about
the fire access.
Eric Wilhite said the Fire Department will enforce it. The Fire Marshall will. It is the
same when there is a cul-de-sac. Also on commercial development the Fire
Department enforces fire lanes and no parking zones. Also the HOA will have control of
that as well since it is a private street.
Ms. Cole said in the narrative the applicant stated that in order to shield the
neighborhood from the commercial property, that where permitted along the east side
you would put the fence. Now where permitted -is there a place where it is not?
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Mr. Hardy said at the north end of the site plan which is northerly of the 100 year flood
plain they are restricted by some city requirements in constructing that fence within the
limit of the flood plain. So we could go from the point up which is basically all but
maybe the very northern 20 or 30 feet down the our property line on the southern edge
of Starnes.
Ms. Cole asked then what will be put in that area?
Mr. Hardy said as a screening fence-there is a picture of it in the back of the narrative
book. It is a cast stone cobblestone fence.
Ms. Cole said in the place where you can't put this fence. That small area-what will be
there?
Mr. Hardy said that now there are trees there and we will work in conjunction with those
trees to try to make sure that the intent of the screening fence is served in that area. If it
is the addition of some more trees and bushes to continue that screening effect then we
will do that. It will have to be something natural so we don't change the existing
contours of the grading.
Ms. Cole said for clarification on number 2, there is shown the 3 front entry garages. In
your sample on the elevations it indicates lots 12, 13 and 14 which don't match. Can
she presume you are talking about Lots 14, 15 and 16?
Mr. Hardy said it would be the northern 3 most lots on the west side.
Chairman Schopper said the matter at hand is the zoning case-whether to change this
parcel to a residential parcel. The problem why you think the neighborhood is stressed
is because the Winn Dixie is dark and if you talked to the property owner you know the
reason it is dark is because Winn Dixie is still on the lease and they can't get the new
users into it because they can't get Winn Dixie off the lease because typically Winn
Dixie would cash in those leases. We recently approved a site plan for a property to the
east of Winn Dixie putting a video store in there and there is a tremendous demand for
property for professional office sites which would go well back behind that Winn Dixie if
it was open. Right now it looks distressed and nobody is going to spend $150 per foot
to build professional offices back there as long as it is dark. I am looking at down
zoning this to residential as a permanent solution for a temporary problem. That is why
I have a problem with it. I am intimately familiar with the property. The product that you
are bringing is a good product. I don't have a problem with that. The biggest problem
you are going to give to the adjacent Crestwood property is that you are going to cause
their property taxes to go up because they are going to be more valuable properties and
the comps people use to appraise with will be higher. I just have an issue why this is
not a commercial property? We just down zoned the hard corner of Davis Boulevard
and Hightower for a similar kind of thing. We down zoned the catfish farm, Liberty
Village. There is a lot of stuff that what the problem was it wasn't feasible for that use at
.
the time, but for residential because everybody wants to live in North Richland Hills. I
need you to tell me why it is not a commercial site.
Mr. Hardy said because fundamentally it is more an industrial site than a commercial
site because it is backing up to the Winn Dixie. If that Winn Dixie building was 20 years
older, or if it was in less of a condition, or had more short-term obsolescence, which it
physically is good for another 40 years and there is no way to transfer it. That is always
going to be the back side of that building. The way the layout is designed, whatever
goes in that building is going to be allowed to have trucks all night loading and
unloading just like Winn Dixie did. That is the current approved use there.
Mr. Schopper said that is why he has a problem with residential being there. It is a
transitional use that should be in there and we don't need anymore duplexes.
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Mr. Hardy said duplexes would not be satisfactory but the garden offices wouldn't either.
We worked on that concept for 6 to 8 months. We have developed garden homes in
this area and know several other garden office developers and asked them to look at it
as well. They see some potential in the properties in the next 5 to 10 years to the
northeast of the Winn Dixie that actually has Starnes Road frontage. We agree with
that, but the depth relative to the frontage on this property is not conducive to a garden
office development because only 1 or 2 building would have frontage on Starnes and
the rest would not. Starnes is a residential feeder, not a commercial street. So we
couldn't generate even any long-term interest in this property as a commercial property
as an office. There was some interest from an industrial use-an automotive garage-but
we felt like that would not work. That is the type of uses we encountered-more of an
industrial type but we don't do that-we don't see it fitting there. We have had some
success with this type of development in conjunction with the Winn Dixie type building.
We did close to 200 active adult houses in a community called Villas of Bedford over on
Bedford Road and east of Central Drive and actually Winn Dixie backed out on us on
that project as well and it sat vacant for several years after we finished the property.
We have also worked with Kroger in Arlington at Lamar and 1-30 with a community
called Villas of Pebblebrook that has worked really well. It has a nice homeowner's
association and a lot of private ownership. We could not generate office building or
commercial uses. It is worth more money as commercial and we would prefer to see
commercial from a development stand point, but from a near term to long term need of
this neighborhood on this particular property, like I mentioned earlier, it wasn't just us,
we took this to various area and statewide consultants. We had then look at it and drive
by to give us their thoughts and it pretty much universally came back we need to work
up some type of a non-rental non-income producing residential development. That led
us to where we are today to try to pack the very most bang we can put in that for the
dollar. Being a transitional piece of property and being under 4 acres the price of the
community is high. They want to be a good neighbor to the people with homes on
Forrest Lane.
Mr. Schopper said to bear in mind that a lot of people are still upset about the trees that
were taken down for the Chevron station so bare that in mind and if you could address
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the tree issue that you will probably go a lot further. There is a drainage issue because
there used to be a pond down in there so you have to rework the dirt and then the trees
have to go. That is just part of the hard thing of that.
Mr. Hardy thinks the site drainage was addressed when they put the Winn Dixie in. He
understands there are some drainage issues in the back yards to the west of the
property, which to some extent we will help those conditions. If their backyards are
low, they are low, but we will not exacerbate them. The Public Works Department will
make sure of that. We have a good 2% slope on the property off Starnes back to the
creek before we hit the flood plane so it is a good workable site for the layout we have
to make everything to drain.
Mr. Bowen has a little concern about the RI-PD. The base zoning for RI-PD is R2 and
we trade the density for amenities. His concern is that some of the other RI-PD's that
have been reviewed are not this dense and they are providing more fountains, gazebos
and curved linear streets. What in this development are you giving the city that gives
the reason to permit the increased density?
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Mr. Hardy said they are putting some curve in the street. The site line from Starnes is
only 4 lots deep into the community. Were it not for the grove of trees at Starnes we
could do some more fountains or entry amenities, but we feel the real value is the trees.
We are going to intermix within the trees iron and brick low profile fencing to delineate
the neighborhood but not necessarily right up at the sidewalk. We are going to mix that
up with the trees in a manner that we don't disturb the trees but still give the feeling that
the trees are part of the community-off limits.
Mr. Bowen said he understands that the trees are a good amenity. He just wants to
make sure that he understands.
Mr. Hardy said they have put a nice brick paver island with some landscaping and nice
expensive street lighting both at the front entrance and at the midway access of the
property and at the towards the rear of the property where the trees are at the back at
the creek. We are going to be doing as much landscaping as possible, fully irrigated
homeowner association maintained sprinkler system, grounds maintenance, wood
garage doors, try to offer a look and feel to this community to justify the effort and
expense going into it.
Mr. Cooper asked how far it is from the back of the property on the east side to the back
of the Winn Dixie building?
Mr. Hardy said from the actual Winn Dixie building to the screen wall being proposed
there is a 20 ft. fire lane and then a 7 or 8 ft to the fence and 5 or 10ft. from the back of
the building to the fire lane so something less than 50 ft.
Chairman Schopper called for a motion.
.
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Mike Benton motioned to deny ZC2006-05. There was no second and the motion
died.
Brenda Cole, seconded by Steven cooper, motioned to approve ZC 2006-05. The
motion carried (4-2). Bill Schopper and Mike Benton voted to deny the motion.
Randy Shiflett was absent.
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EXHIBIT A
All that certain tract or parcel of land situated in the W. D. BARNES SURVEY Abstract
No. 146, in the City of North Richland Hills, Tarrant County, Texas and containing a
portion of Lot 11, Block 6, Crestwood Estates, an Addition to the City of North Richland
Hills, Tarrant County, Texas and being more particularly described by metes and
bounds as follows:
BEGINNING at a 1/2 inch steel rod found for the northeast corner of Lot 1, Block 6,
Crestwood Estates, an Addition to the City of North Richland Hills, Tarrant County,
Texas, as recorded in Volume 388-101, Page 54-55 and being in the southerly
boundary line of a tract of land described in deed to Herman J. Smith recorded in
Volume 9158, Page 162 of the Deed Records, Tarrant County, Texas;
THENCE South 89 degrees 43 minutes 08 seconds West with southerly boundary line
of said Smith tract a distance of 290.09 feet to a 1/2 inch steel rod with cap stamped
"MOAK SURV INC" set for the northeast corner;
.
THENCE South 00 degrees 22 minutes 53 seconds East, passing a 1/2 inch steel rod
with cap stamped "MOAK SURV INC" found at 1 0.99 feet for the northwest corner of
the tract described to Sunbelt-Dix, Inc as recorded in Volume 12347, Page 1780 of said
Deed Records, in all a distance of 164.27 to a 1/2 inch steel rod found in the easterly
boundary line of said Sunbelt-Dix tract and also being the beginning of a curve to the
left;
THENCE southeasterly with said easterly boundary line and said curve to the left having
a radius of 532.14 feet, a central angle of 32 degrees 28 minutes 01 seconds, an arc
length of 301.54 feet and a long chord of South 13 degrees 39 minutes 05 seconds East
at 297.52 feet to a 1/2 inch steel rod with cap stamped "MOAK SURV INC" found for the
southeast corner of said Lot 11 and being the southwest corner of said Sunbelt-Dix
tract, said point being in the northerly right-of-way line of Starnes Road and in a curve
to the left;
THENCE southwesterly with said northerly right-of-way line and said curve to the left
having a radius of 901.65 feet, a central angle of 16 degrees 27 minutes 39 seconds, an
arc length of 259.04 feet and a long chord of South 54 degrees 20 minutes 40 seconds
West at 258.15 feet to a 5/8 inch steel rod found;
THENCE South 46 degrees 06 minutes 50 seconds West continuing with said northerly
right-of-way line 15.27 feet to a 1/2 inch steel rod found for the southwest corner of said
Lot 11 and the beginning of a curve to the right;
THENCE northwesterly with the westerly boundary line of said Lot 11 and with said
curve to the right having a radius of 532.14 feet, a central angle of 42 degrees 20
minutes 45 seconds, an arc length of 393.29 feet and a long chord of North 21 degrees
.
.
17 minutes 32 seconds West, 384.40 feet to a 1/2 inch steel rod with. cap stamped
"MOAK SURV INC" found for a westerly corner of said Lot 11;
THENCE NORTH 00 degrees 14 minutes 11 seconds West continuing with said
westerly boundary line, 254.87 feet to the place of beginning and containing 3.672 acres
of land more or less as surveyed by Moak Surveyors, Inc in the month of October, 2006.
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Location Map
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N
A
NRH
ZC 2006-05
Zoning Change; C-1 to RI-PD; 3.63 acres
Crestwood Place
8200 Block of Starnes Rd.
Prepared by Planning 10/17/06
ILf"LJ
o 125 250
I IFeet
750 1,000
I
500
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Public Works Sign Off Letter
NI~H
CITY OF NORTH RICH LAND HILLS
MEMO
TO:
Eric Wilhite, Chief Planner
FROM:
Caroline Waggonèr. Civil Engineer
" 1"\
. ~ )
L/'~'"
SUBJECT: Crestwood Place RIPD Site Plan
W.O. Barnes Survey, Tract 11A
lC2006-05
DATE:
November 3, 2006
Public Works has reviewed the Site Plan and RIPD narrative submitted to this office on
November 1, 2006. All of Pub¡;c Works' requirements have been met.
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cc: Gregory Van Nieuwenhuize, P.E., Public Works Assistant Director
CLW/pwm2006-218
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Notice of Public Hearing
NOTICE OF PUBLIC HEARING
CITY OF NORTH RICHLAND HILLS
PLANNING AND ZONING COMMISSION
CITY COUNCIL
Case #: ZC 2006-05; Crestwood Place
Applicant: Brad Hardy
Location: 8200 Block of Starnes Rd. (3.63 acres)
You are receiving this notice because you are a property owner of record within 200
feet of the property shown on the attached map.
Purcose of Public Hearina:
A public hearing is being held to consider a request from Brad Hardy to rezone 3.63 acres
from IIC-1" Commercial to IIRI_PDIt Resjdential Infill - Planned Development located in the
8200 Block of Starnes Rd.
.
Public Hearina Schedule:
Public Hearing Dates: PLANNING AND ZONING COMMISSION
THURSDAY, NOVEMBER 16, 2006
If recommended for approval by the Planning and Zoning Commission, this zoning
request will be heard by the City Council on:
CITY COUNCIL
MONDAY, DECEMBER 11,2006
Both Meetings Time: 7:00 P.M.
80th Meetings Location: CITY COUNCIL CHAMBERS
7301 N. E. LOOP 820
NORTH RICHLAND HILLS, TEXAS
If you have any questions or wish to submit a petition or letter concerning the above
request, please contact:
Planning Department
City of North Richland Hills
7301 Northeast Loop 820
North Richla nd Hills, Texas 76180
Phone (817) 427-6300
Fax (817)427-6303
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Property Owner Notification List
Maryellen Grimes Albert & Martha Bertram Victor & Cordell Noble
8208 Starnes Rd 7400 Forrest Lane 8128 Sayers Lane
N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180
Nisher Inc Orville & JanIce Crow Douglas & Donna Curry
8504 Precinct Li ne Rd Ste 100 7432 Forrest Lane 7469 Timberhill Dr
Colleyville, TX 76034 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180
DBT Porcupine WD2 Joseph & Tami Gieder Scottie & Sandi Ingram
Doug Jennings
500 W 13th Street Ste 100 7428 Forrest Lane 7424 Forrest Lane
Ft. Worth4 TX 76102 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180
Clarence & Carolyn Miller Jack W Vise Michael & Amber Barnhill
7468 Timberhill Dr 7420 Forrest Lane 7421 Forrest Lane
N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 N. Richland HIlls, TX 76180
Paul & Tanya Littlejohn Terry & Denna Mizell Jennifer & John Wilson
7416 Forrest Lane 9025 Tyne TraiJ 7412 Forrest Lane
N. Richland Hills, TX 76180 Ft. Worth, TX 76118 N. Richland H iUs, TX 76180
. Mary E Endicott Frank J Molinets Marvin 0 Smith
7340 Timberidge Dr 7413 Forrest Lane 8004 Main Street
N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180
David & Denise Tober Jerry Mollett Jr Allan & Susan Fitzwater
7337 Timberidge Dr 7404 Forrest Lane 7409 Forrest Lane
N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180
Morris & Jud ith Ghandi Mark & Carolyn Johnson Norma A Douglas
7336 Timberidge Dr PO Box 1035 7111 Snyder Rd
N. Richland Hills, TX 76180 Ashburn, VA 20146 Memphis, TN 38125
Aaron & Amy Reale Ulizabeth Walker Nancy & Teresa Duncan
8204 Starnes Rd 8121 Starnes Rd 7320 Forrest Court
N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 N. Richland Hitls, TX 76180
Karen Jo Saunders Brian & Donna Bradley Audra G Bishop
7329 Timberidge Dr 7316 Forrest Court 7321 Forrest Court
N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180
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ORDINANCE NO. 2914
ZONING CASE ZC 2006-05
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH
RICHlAND HillS; AMENDING THE ZONING MAP OF THE CITY OF NORTH
RICHlAND HillS, TEXAS, AND REZONING A 3.63 ACRE TRACT OF
PROPERTY FROM C-1 (COMMERCIAL) TO RI-PD (RESIDENTIAL INFlll-
PLANNED DEVELOPMENT) ZONING; ESTABLISHING A PENALTY;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.,
WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent
to real property owners within 200 feet of the property herein described at
least 10 days before such hearing; and,
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in the City at least 15 days before such
hearing; and,
.
WHEREAS, public hearings to zone the property herein described were held before
both the Planning and Zoning Commission and the City Council, and the
Planning and Zoning Commission has heretofore made a
recommendation concerning the zone change; and,
WHEREAS, the City Council is of the opinion that the zone change herein effectuated
furthers the purpose of zoning as set forth in the Comprehensive Zoning
Ordinance and is in the best interest of the citizens of the City of North
Richland Hills; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND
HillS, TEXAS:
Section 1 : THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance
and the zoning map of the City of North Richland Hills are hereby
amended by rezoning a 3.63 acre tract of land located in the 8200 Block of
Starnes Road in the City of North Richland Hills, Tarrant County, Texas,
more particularly described in Exhibit A from C-1 (Commercial) to RI-PD
(Residential Infill-Planned Development) zoning and approving the site
plan thereof.
Section 2: Any person, firm or corporation violating any provision of the
Comprehensive Zoning Ordinance as amended hereby shall be deemed
guilty of a misdemeanor and upon final conviction thereof fined in an
amount not to exceed Two Thousand Dollars ($2,000.00). Each day any
such violation shall be allowed to continue shall constitute a separate
violation and punishable hereunder.
.
.
Section 3: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses of this ordinance
as an alternative method of publication provided by law.
Section 4: This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED this 11th day of December, 2006.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
.
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
John Pitstick, Planning & Development Director
.
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Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 12-11-2006
Agenda No. D.O
Subject: PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
.
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development
Presented by: Eric Wilhite
Council Meeting Date: 12-11-2006
Agenda No. D.1
Subject: FP 2006-14 Consideration of a Request from Dencil S. Long III to Approve a
Final Plat of Lot 1, Block 1, Dencil Long III Estates (Located in the 6700 Block of
Meadow Road. - 2.838 acres). ***Letter submitted by applicant to Continue item to next
Council Meeting - January 8, 2007***
Case Summary: The applicants, Dencil Long and Nancy Traficanti, are proposing to
plat this 2.83 acre tract for development of a single family residence. The applicant is
requesting that this plat be continued until the January 8, 2006 City Council
meeting. The applicant is appealing the City Engineer's Rough Proportionality
Determination and is requesting additional time in order to provide the information
necessary for their appeal.
Current Zoning: "R-1-S" (special single-family residential)
Thoroughfare Plan: The site has frontage on Meadow Road, a 2-lane, undivided,
collector street (C2U) with 50 feet right of way. Thirty-five feet of right-of-way is being
dedicated by this plat for Meadow Road.
.
Comprehensive Plan: The Comprehensive Plan depicts low density residential uses
for this area. The lot proposed by this plat is consistent with the plan.
Staff Review/Rough Proportionality Determination: The Development Review
Committee has reviewed the plat and has determined that it complies with both the
Zoning and Subdivision Ordinances. The city's engineer has determined that this
subdivision will be responsible for $15,928.00 of improvement cost for the future off-site
paving and drainage improvements within the Meadow Road right-of-way.
Rough Proportionality Determination: The City Engineer's original determination
was that the property owner would be responsible for $15,928.00 for future off-site
pavement and drainage improvements within the Meadow Road right-of-way.
The property owner is requesting an Appeal of Determination of Proportionality pursuant
to Section 212.904 for the cost of improvements determined. A copy of the appeal letter
from the applicant is attached. The applicant however needs additional time in order to
get all of the necessary information to staff supporting their appeal.
Council does not need to take action on the appeal at this time. The appeal will be
considered in the future during the same meeting as the plat.
Vested Rights:
The development rights vested on September 2(, 2006.
.
.
.
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Planning and Zoning Commission Recommendation: The Planning & Zoning
Commission met on Thursday, November 16, 2006 and recommended 6-0 to approve
FP 2006-14. The property owner's request for a variance and the appeal to Rough
Proportionality occurred after the Planning & Zoning Commission reviewed and
recommended this case to City Council. The Planning & Zoning Commission
recommended this case with the City Engineer's Determination of Rough Proportionality
intact. The City Attorney has determined that this case does not need to be returned to
the Planning & Zoning Commission for additional review because Council's granting or
denying of the property owner's requests will not alter the details of the plat such as
easements or rights-of-way.
Staff Recommendation: Approve the applicant's request for the Continuation of
FP2006-14 to the City Council meeting of January 8, 2007 and to acknowledge that the
applicant has waived the 30 day rule relative to this item.
As this item does not require a Public Hearing, Council may open the item and read the
applicant's letter of request into the record, entertain a motion to Continue to January 8,
2007 and act by voting.
Review Schedule:
Application: 9/18//06 Final Hearing: 12/11/06
Total Review Time: 10 weeks
.
Location Map
.
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FP 2006-14
Final Plat
Oencil Long III Estates, Lot 1, Block 1
6700 Block of Meadow Rd.
Prepared by Planning 9/21/06
n.sLJ
o 125 250
I
500
I IFeet
750 1,000
.
·
Public Works Sign Off Letter
NI~H
CITY OF NORTH RICH LAND HILLS
MEMO
TO: Eric Wilhite, Chief Planner
FROM:
Caroline Waggoner, P.E., Civil Engineer
;10)
~I
RE:
PP 2006-11
FP 2006-14
Dencíl Long III Estates; Block 1, Lot 1
DATE:
November 7,2006
pubric Works has reviewed the Preliminary and Final Plats submit1ed to this office on
November 1,2006.
·
Preliminary Plat I Final Plat:
On November 7, 2006. the Public Works Department determined that the Preliminary
and Final Plats for Dencil Long III Estates Addition (PP 2006-11, FP 2006-14) dated
October 12.2006 and submitted to this department on November 1,2006, met the
requirements of the Public Works Department in accordance with Chapter 110 of the
City Code.
Pu blic Infrastructure Construction Plans:
The Public Works Department has determined that no public infrastructure construction
plans are required for the Dencil Long III Estates Addition; Block 1, Lot 1.
Rouah Proportionalitv:
No on-site water, sanitary sewer, or drainage facilities are needed to serve this lot at
this time. However, the developer is responsible for future off-site paving and drainage
improvements within the Meadow Road right-af-way. The total cost of said future off-site
improvements is S 15,928.00. Such amount is roughly proportionate to the proposed
Dencil Long III Estates development.
The above determination of proportionality is made pursuant to Section 212.904, Texas
Local Government Code by the undersigned professional engineer in the employ of the
City of North Richland Hills, licensed by the State of Texas.
Staff has been made aware by the applicant's engineer that the applicant wishes to
appeal the above determination. The Public Works staff will be available to meet and
further discuss this rough proportionality determination. The developer/engineer/owner
may dispute staff's proportionality determination by filing a written appeal of this
proportionaJity determination, along with 15 copies of such appeal, with the City
Secretary within 10 days of the date of the Planning and Zoning Commission. The
·
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Public Works Sign Off Letter - Page 2
Eric Wilhite
PP 2006-11
FP 2006-14
Dencil Long III Estates
November 7, 2006
Page 2 of 3
appeal shall comply with Section 110-455: "Rough Proportionality Appeal" (incl uded for
your reference) and Section 110-456: "Appeals Procedure" of the City Code.
Sec. 110-454. Rough proportionality appeaL
(a) An applicant for a preliminary or final plat or for a permit which imposes an
exaction requirement as a condition of approval may file an appeal to contest
any exaction requirement, other than impact fees, imposed as a condition of
approval or in which the failure to comply is grounds for denying the plat
application pursuant to the subdivision ordinance.
(b) The purpose of a proportionality appeal is to assure that an exaction
requirement imposed on a proposed plat or development as a condition of
approval does not result in a disproportionate cost burden on the applicant,
taking into consideration the nature and extent of the demands created by the
proposed subdivision or development on the city's pubHc facilities systems,
(Ord. No. 2887, § 1, 6-12-2006)
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Sec. 110-455. Appeals procedure.
(a) An applicant for a preliminary or final plat or an applicant seeking approval
for any other permit or zoning for which an exaction requirement is imposed shall
file a written appeal with the city secretary within ten days of the date the
planning and zoning commission or the city official responsible for issuing the
permit takes action applying the exaction requirement. This may include denial of
the permit or plat. The applicant shall submit 15 copies of the appeal.
(b) A separate appeal form shaH be submitted for each exaction requirement for
which relief is sought. The city secretary shaH forward the appeal to the city
council for consideration.
(c) The applicant may request postponement of consjderation of the applicant's
plat application by the city council pending preparation of the study required by
subsection (f)t in which case the applicant shall also waive the statutory period
for acting upon a plat for the time necessary for the city council to decide the
appeal.
(d) No developer's agreement may be executed by the city until the time for
appeal has expired or, if an appeal is filed, until the city council has made a
determination with respect to the appeal.
(e) The appeal shall state the reasons that application of the exaction
requirement is not roughly proportional to the nature and extent of the impact
created by the proposed subdivision or development on the city's public facilities
systems and does not reasonably benefit the proposed subdivision or
development.
(f) The appellant shall submit to the city's engineer 15 copies of a study In
support of the appeal that includes. with respect to each specific exaction
requirement appealed, the following information within 30 days of the date of
appeal. unless a longer time is requested:
.
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Public Works Sign Off Letter - Page 3
Eric Wilhite
PP 2006-11
FP 2006-14
Dencil Long III Estates
November 7. 2006
Page 3 of 3
.
(1) Total capacity of the city's water. wastewater, roadway, drainage, or
park system, as applicable, to be utilized by the proposed subdivision or
development. employing standard measures of capacity and equivalency
tables relating the type of development proposed to the quantity of
system capacity to be consumed by the subdivision. If the proposed
subdivision is to be developed in phases, such information also shall be
provided for the entire development, including any phases already
developed;
(2) Total capacity to be supplied to the city's public facilities systems for
water, wastewater. roadway, drainage or parks, as applicable, by the
exaction requirement. This information shall include any capacity
supplied by prior exaction requirements imposed on the development;
(3) Comparison of the capacity of the applicable city public facilities
systems to be consumed by the proposed subdivision or development
with the capacity to be supplied to such systems by the proposed
exaction requirement. In making this comparison, the impacts on the
city's public facilities systems from the entire subdivision or development
shall be considered;
(4) The amount of any city participation in the costs of oversizing the
public infrastructure improvements to be constructed by the applicant in
accordance with the citis requirements;
(5) Comparison of the minimum size and capacity required by city
standards for the applicable public facilities systems to be utilized by the
proposed subdivision or development with the size and capacity to be
supp~ied by the proposed exaction requirement; and
(6) Any other information that shows the alleged disproportionality
between the impacts created by the proposed development and the
exaction requirement imposed by the city.
(9) The city's engineer shall evaluate the appeal and supporting study and shall
make a recommendation to the city council based upon the cityls engineer's
analysis of the information contained in the study and utilizing the same factors
considered by the engineer in making the original proportionality determination.
(Ord. No. 2887, § 1,6-12-2006)
~.-:, " ..:
Cøj}~ kvðf'-Yµ
éLW/pwm2006-219
Cc: Gregory Van Nieuwenhuize, P.E., Public Works Assistant Director
.
·
Rough ,~~o,portionality Appeal & Wavier of 30 day Plat Rule
Nancy Traficanti and Deneil S. Long III
6704 Meadow Rd
North Richland Hills Texas
RECEIVED
NOV 2 7 2006
CITY SECRE1ARY
November 24, 2006
Ref: Appeal of Oetennination of Proportionality pursuant to Section 212.904
Mayor Trevino and North Richland Hills City Counsel Members
Your consideration of our appeal concerning the detennination of rough proportionality
would be appreciated.
We purchased the property at 6704 Meadow Rd in February 2006 because of the rural
surroundings and only after verifying with the City of North Richland Hills we would be
able obtain a pennit to build an addition to the existing home as long as the addition was
under 50% of the value of the existing home. The handicap accessible addition is to alloy,
us to care for our parents in a quality living environment due to major medical problems.
It is difficult to find homes already built meeting these needs.
·
In June of 2006 a city ordinance changed which would require us to re~zone in order to
ob.tain a building pennit. As a result of the re-zoning we were informed a preliminary and
final plat needed to be submitted to allow the City of North Richland Hills' records to be
updated to show the actual location of the city facility connections. We hired an engineer
and surveyor to comply with the city's request to submit a preliminary plat (PP2006-11)
and final plat (FP 2006-14). We received only one significant comment to these
submittals from the Development Review Committee (DRC), an exaction requirement of
determination of rough proportionality for future off-site paving and drainage
improvements in the amount of$lS~928.00.
Addition Frontage: 216 LF
Number of Driveways: 1
Driveway Width: 12 ft
Corner Radius: 5 ft
0/0
Item Unit Qty. Unit Price Assessed T ota'
Curb & Gutter LF 204 $ 15.00 100% $ 3 060.00
Res~en~aIDriveway SY 15 $ 39.00 100% $ 585.00
Concrete Sidewafk (41 wide) SV 91 $ 33.00 100% $ 3.003.00
10' Curb Inlet EA 1 $ 2 530.00 100% $ 2 530.00
33" RCP LF 150 S 75.00 60% $ 6,750.00
Total $ 15,928.00
We are private residents and have no plans to sub divided this tract of land, therefore not
impacting the infrastructure of the city. Developers who are in business to make money
by developing land are changing the infrastructure of a city by building new structures
increasing population, traffic, city facility usage, etc. If we ever decided to subdivide this
Page 10f2
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Rough Proportionality Appeal & Wavier of 30 Day Plat Rule - Pag~ 2
tract of land we would not have any objections to paying this exactjon requirement. If we
\\'ere infonned of the city's plans or intent and the impacts of changing the ordinance
related to this issue at the time verification with the city was done concerning a permit.
Vie \\i·ould not have purchased the property.
In closing one of our primary objections to the exaction requirement is the fact that at no
cost to the City it has a Right-of-Way along the interface of our property and Meadow
Rd. It is our beHefthc city. since it controls this Right-of-Way. should be the bearer of
these costs. We will not gain much ifany benefit,for any future off-site paving and
drainage. The control of the Right-of-Way along with the exaction requirement seems
very excessive for the city to require of private residents. The entire process has been
timely and not only cost us financially which we can not recouped like a true developer
but has put a strain on our family.
Sincerely. ~/ ' "
-,' ~ .
/ : '(/ ¿? ,-<!/.I t /{d -" .¿ -Cd '.I-;:7(~ _0'
/ 0' A--- /' .'
\ ' ,
Nancy Trafic'anti
·
*****
As the applicant I would request you to waive the 30 day deadline for
approval for this plat.
Sincerely. ~_.
/!?Lr-~<j ~f~4-~~ '
Nancy Tra/1canti
6704 Meadow Road
North Richlànd Hills. TX 76180
(817) 656-4683 home
(817) 300-9596 cell
Page 2 of2
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Excerpt from November 16, 2006 Planning & Zoning Commission Minutes
FP 2006-14
CONSIDERATION OF A REQUEST FROM DENCIL S. LONG III TO APPROVE A
FINAL PLAT OF LOT 1, BLOCK 1, DENCIL LONG III ESTATES (LOCATED IN THE
6700 BLOCK OF MEADOW RD. - 2.838 ACRES).
APPROVED
The applicants, Dencil Long and Nancy Traficanti, are requesting approval of the final
plat of this 2.83 acre tract for development of a single family residence in order to
accommodate their aging parents. The current ordinance for development will not allow
an addition to any residence located on a property that has not been platted.
The site is currently zoned "R-1-S" (special single-family residential).
Staff recommends approval of FP 2006-14.
Eric Wilhite wanted to note on the case that the applicant would like staff to mention the
rough proportionality determination of $15,928 as determined by the city's engineer.
The applicant will speak about this but I believe they are going to request an appeal
process that will go to City Council appealing that rough proportionality.
Greg Van Nieuwenhuize said that on this property rough proportionality determination
was for gutter, residential driveway approach, sidewalk and some drainage. As you are
probably aware, Meadow Road right now is what we consider an unimproved street, it
has no curb and gutter or ditches. Therefore in order to just meet the minimums, the
amount that is needed to bring the property up to our minimum standards is the
$15,928. It is my understanding that the property owner would like to appeal that. I
have talked to the property owner and believe she understands the appeal process. I
am sure she is not happy about the process but she does have the ability to appeal. As
it stands right now that is what the city believes is the exaction for that property. The
applicant has 10 days to appeal from approval of her plat. We have given the applicant
the requirements for appeal. It is ultimately up to the City Council to determine whether
the $15928 is appropriate for the property or not. The applicant has some
circumstances which she feels are extenuating.
Mike Benton, seconded by Brenda Cole, motioned to approve FP 2006-14. The
motion carried unanimously (6-0). Randy Shiflett was absent.
.
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Letter from Nancy Traficanti Requesting Continuance of Item to 1/8/2007
DecckJ11ber 5, 2006
Dencil Long III Estates Final Plat
1 am requesting Dction on the final plat for 6704 Meadow Rd (Dcncil Long III Estates) by
the City Council currently scheduled for December 11 t 2006 be postponed until the City
Council mCt.1ing on January 8, 200í. If you have any questions please feel rree to rontaçt
me.
Sincerely ~. /'- .
~ ~.' / ~
/l~~"/ . ~~-.....,
NancyTra anti ry
Cell 81 7 300 9596 (I
Home 8) 7 6564683
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Department: City Secretary
Presented by:
Subject: PUBLIC WORKS
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 12-11-2006
Agenda No. E.O
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CITY OF
NORTH RICHLAND HILLS
Department: Police
Presented by: Jimmy Perdue
Council Meeting Date: 12-11-2006
Agenda No. E.1
Subject: PU 2006-061 Approve Agreement between The City of North Richland Hills
and Redflex Traffic Systems, Inc. for the Red Light Automated Traffic Signal
Enforcement System - Resolution No. 2006-105
Council approved the ordinance for an automated signal enforcement program on 11-
13-2006. The Police Department has reviewed the products currently available through
multiple vendors and believes that Red-Flex offer the City of North Richland Hills the
best value and quality of products and service. It is the City's intention to join with other
area communities via an inter-local agreement with the City of Piano, using Piano's bid
for a contractor to install, maintain, and facilitate North Richland Hills Automated Signal
Enforcement Program. The Cities of Frisco, Grand Prairie and Richardson also operate
their systems through an inter-local agreement with the City of Piano. The Piano bid
was awarded to Red-Flex Traffic Systems.
Red-Flex has submitted an agreement for services to the City of North Richland Hills.
Red-flex would install and maintain all equipment to the City of North Richland Hills.
Red-Flex would review violations, send out notices (only after verifying the violation by a
sworn North Richland Hills Police Officer), and collect fines for all violations. Red-Flex
would charge the City of North Richland Hills $4870.00 per approach for these services
per month. This agreement is the same agreement that has been signed by all the
cities that are using the inter-local agreement with the City of Piano.
The initial term of the contract is for three (3) years with three additional one year
extensions. The agreement calls for an initial installation of four (4) intersection
approaches within ninety (90) days with the ability to increase that number to twenty
(20) intersections upon mutual agreement. Included in the agreement is a cost neutrality
section that specifies the program will be operated at no cost to the City regardless of
the number of violations. The City of North Richland Hills would be able to opt out of the
agreement should there be a change in the law making these type systems illegal.
Tickets issued under this red light enforcement program will not be criminal offenses but
civil, and therefore will not be included on a person's driving record should a person
receive a ticket under this program.
Recommendation:
Approve Resolution No. 2006-105.
.NRH
RESOLUTION NO. 2006-105
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICH LAND HILLS, TEXAS, THAT:
1.
The City Manager be, and is hereby authorized to execute the attached
agreement between the City of North Richland Hills and Red-Flex Traffic Systems, Inc.
for the Red Light Automated Signal Enforcement System.
PASSED AND APPROVED this 11th day of December 2006.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
.
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Jimmy Perdue, Police Chief
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AGREEMENT BETWEEN THE CITY OF NORTH RICHLAND HILLS
AND REDFLEX TRAFFIC SYSTEMS, INC. FOR
PHOTO RED LIGHT ENFORCEMENT PROGRAM
This Agreement is made as of this 11 th day of December, 2006 by and between
Redflex Traffic Systems, Inc. with offices at 6047 Bristol Parkway 1 st Floor, Culver City,
California 90230 ("Redflex"), and The City of North Richland Hills, a municipal
corporation, with offices at 7301 N.E. Loop 820, North Richland Hills, TX. 76180 (the
"C u sto me r").
RECITALS
WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain
equipment, licenses, applications, and Notice of Violation processes related to digital
photo red light enforcement systems; and
WHEREAS, the Customer desires to engage the services of Redflex to provide certain
equipment, processes and back office services so that sworn police officers of the
Customer are able to monitor, identify and enforce red light running violations as
prescribed under Ordinance No. Chapter 54 Article X; and
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WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the
incidence of vehicle collisions at the traffic intersections and city streets that will be
monitored pursuant to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
1. DEFINITIONS. In this Agreement, the words and phrases below shall have the
following meanings:
1.1. "Authorized Officer" means the Police Project Manager or such other
individual(s) as the Customer shall designate to review Potential Violations and
to authorize the Issuance of Notice of Violations in respect thereto, and in any
event, a sworn police officer.
1.2. "Authorized Violation" means each Potential Violation in the Violation Data for
which authorization to issue a Notice of Violation in the form of an Electronic
Signature is given by the Authorized Officer by using the Redflex System.
1.3. "Notice of Violation" means the notice of a Violation, which is mailed or
otherwise delivered by Redflex to the violator on the appropriate Enforcement
Documentation in respect of each Authorized Violation.
1.4. "Confidential or Private Information" means, with respect to any Person, any
information, matter or thing of a secret, confidential or private nature, whether or
not so labeled, which is connected with such Person's business or methods of
operation or concerning any of such Person's suppliers, licensors, licensees,
customers or others with whom such Person has a business relationship, and
.
.
which has current or potential value to such Person or the unauthorized
disclosure of which could be detrimental to such Person, including but not limited
to:
1.4.1. Matters of a business nature, including but not limited to information
relating to development plans, costs, finances, marketing plans, data,
procedures, business opportunities, marketing methods, plans and
strategies, the costs of construction, installation, materials or components,
the prices such Person obtains or has obtained from its clients or customers,
or at which such Person sells or has sold its services; and
1.4.2. Matters of a technical nature, including but not limited to product
information, trade secrets, know-how, formulae, innovations, inventions,
devices, discoveries, techniques, formats, processes, methods,
specifications, designs, patterns, schematics, data, access or security
codes, compilations of information, test results and research and
development projects. For purposes of this Agreement, the term "trade
secrets" shall mean the broadest and most inclusive interpretation of trade
~ecrets.
1.4.3. Notwithstanding the foregoing, Confidential . Information will not include
information that: (i) was generally available to the public or otherwise part of
the public domain at the time of its disclosure, (ii) became generally
available to the public or otherwise part of the public domain after its
disclosure and other than through any act or omission by any party hereto in
breach of this Agreement, (iii) was subsequently lawfully disclosed to the
disclosing party by a person other than a party hereto, (iv) was required by a
court of competent jurisdiction to be described, or (v) was required by
applicable state law to be described.
1.5. "Desianated Intersection Approaches" means the Intersection Approaches set
forth on Exhibit A attached hereto, and such additional Intersection Approaches
as Redflex and the Customer shall mutually agree from time to time.
1.6. "Electronic Sianature" means the method through which the Authorized Officer
indicates his or her approval of the issuance of a Notice of Violation in respect of
a Potential Violation using the Redflex System.
1.7. "Enforcement Documentation" means the necessary and appropriate
documentation related to the Photo Red Light Enforcement Program, including
but not limited to warning letters, violation notices (using City specifications), a
numbering sequence for use on all Notice of Violation, instructions to
accompany each issued Notice of Violation (including in such instructions a
description of basic adjudication procedures, payment options and information
regarding the viewing of images and data collected by the Redflex System),
chain of custody records, criteria regarding operational policies for processing
Notices of Violation (including with respect to coordinating with the Department
of Motor Vehicles), and technical support documentation for adjudication
personnel.
1.8. "Equipment" means any and all cameras, sensors, equipment, components,
products, software and other tangible and intangible property relating to the
.
e
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Redflex Photo Red Light System(s), including but not limited to all camera
systems, housings, radar units, severs and poles.
1.9. "~Fine" means a monetary sum in the form of a civil penalty assessed for each
Notice of Violation.
1.10. "Governmental Authoritv" means any domestic or foreign government,
governmental authority, court, tribunal, agency or other regulatory,
administrative or judicial agency, commission or organization, and any
subdivision, branch or department of any of the foregoing.
1.11. "Installation Date of the Photo Red Liaht Proaram" means the date on
which Redflex completes the construction and installation of at least one (1)
Intersection Approach in accordance with the terms of this Agreement so that
such Intersection Approach is operational for the purposes of functioning with
the Redlight Photo Enforcement Program.
1.12. "Intellectual Propertv" means, with respect to any Person, any and all now
known or hereafter known tangible and intangible (a) rights associated with
works of authorship throughout the world, including but not limited to copyrights,
moral rights and mask-works, (b) trademark and trade name rights and similar
rights, (c) trade secrets rights, (d) patents, designs, algorithms and other
industrial property rights, (e) all other intellectual and industrial property rights (of
every kind and nature throughout the universe and however designated),
whether arising by operation of law, contract, license, or otherwise, and (f) all
registrations, initial applications, renewals, extensions, continuations, divisions
or reissues hereof now or hereafter in force (including any rights in any of the
foregoing), of such Person.
1.13. "Intersection Approach" means a conduit of travel with up to four (4)
contiguous lanes from the curb (e.g., northbound, southbound, eastbound or
westbound) on which at least one (1) system has been installed by Redflex for
the purposes of facilitating Redlight Photo Enforcement by the Customer.
1.14. "Operational Period" means the period of time during the Term,
commencing on the Installation Date, during which the Photo Red Light
Enforcement Program is functional in order to permit the identification and
prosecution of Violations at the Designated City Streets and Intersection
Approaches by a sworn police officer of the Customer and the issuance of
Notices of Violation for such approved Violations using the Redflex System.
1.15. "Person" means a natural individual, company, Governmental Authority,
partnership, firm, corporation, legal entity or other business association.
1.16. "Police Proiect Manaaer" means the project manager appointed by the
Customer in accordance with this Agreement, which shall be a sworn police
officer and shall be responsible for overseeing the installation of the Intersection
Approaches and the implementation of the Redlight Photo Enforcement
Program, and which manager shall have the power and authority to make
management decisions relating to the Customer's obligations pursuant to this
Agreement, including but not limited to change order authorizations, subject to
any limitations set forth in the Customer's charter or other organizational
documents of the Customer or by the city counselor other governing body of the
Customer.
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1.17. "Potential Violation" means, with respect to any motor vehicle passing
through a Designated City Street and/or Intersection Approach, the data
collected by the Redflex System with respect to such motor vehicle, which data
shall be processed by the Redflex System for the purposes of allowing the
Authorized Officer to review such data and determine whether a Red Light
Violation has occurred.
1.18. "Proprietarv Propertv" means, with respect to any Person, any written or
tangible property owned or used by such Person in connection with such
Person's business, whether or not such property is copyrightable or also
qualifies as Confidential Information, including without limitation products,
samples, equipment, files, lists, books, notebooks, records, documents,
memoranda, reports, patterns, schematics, compilations, designs, drawings,
data, test results, contracts, agreements, literature, correspondence, spread
sheets, computer programs and software, computer print outs, other written and
graphic records and the like, whether originals, copies, duplicates or summaries
thereof, affecting or relating to the business of such Person, financial
statements, budgets, projections and invoices.
1.19. "Redflex Marks" means all trademarks registered in the name of Redflex
or any of its affiliates, such other trademarks as are used by Redflex or any of its
affiliates on or in relation to Photo Red Light Enforcement at any time during the
Term this Agreement, service marks, trade names, logos, brands and other
marks owned by Redflex, and all modifications or adaptations of any of the
foregoing.
1.20. "Redflex Proiect Manacer" means the project manager appointed by
Redflex in accordance with this Agreement, which project manager shall initially
be Lane Flaccer, or such person as Redflex shall designate by providing written
notice thereof to the Customer from time to time, who shall be responsible for
overseeing the construction and installation of the Designated Intersection
Approaches and the implementation the Photo Red Light Enforcement Program,
and who shall have the power and authority to make management decisions
relating to Redflex's obligations pursuant to this Agreement, including but not
limited to change-order authorizations.
1.21. "Redflex Photo Red Licht Svstem" means, collectively, the SmartCam™
System, the SmartOps TM System, the Redlight Photo Enforcement Program,
and all of the other equipment, applications, back office processes and digital
red light traffic enforcement cameras, sensors, components, products, software
and other tangible and intangible property relating thereto.
1.22. "Photo Red Licht Enforcement Procram" means the process by which the
monitoring, identification and enforcement of Violations is facilitated by the use
of certain equipment, applications and back office processes of Redflex,
including but not limited to cameras, flashes, central processing units, signal
controller interfaces and detectors (whether loop, radar or video loop) which,
collectively, are capable of measuring Violations and recording such Violation
data in the form of photographic images of motor vehicles.
1.23. "Photo Redliaht Violation Criteria" means the standards and criteria by
which Potential Violations will be evaluated by sworn police officers of the
.
.
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Customer, which standards and criteria shall include, but are not limited to, the
duration of time that a traffic light must remain red prior to a Violation being
deemed to have occurred, and the location(s) in an intersection which a motor
vehicle must pass during a red light signal prior to being deemed to have
committed a Violation, all of which shall be in compliance with all applicable
laws, rules and regulations of Governmental Authorities.
1.24. "SmartCam TM Svstem" means the proprietary digital red light photo
enforcement system of Redflex relating to the Photo Red Light Enforcement
Program.
1.25. "SmartOcs TM Svstem" means the proprietary back-office processes of
Redflex relating to the Photo Red Light Enforcement Program.
1.26. "SmartScene TM Svstem" means the proprietary digital video camera unit,
hardware and software required for providing supplemental violation data.
1.27. "Traffic Sianal Controller Boxes" means the signal controller interface and
detector, including but not limited to the radar or video loop, as the case may be.
1.28. "Violation" means any traffic violation contrary to the terms of the Vehicle
Code or any applicable rule, regulation or law of any other Governmental
Authority, including but not limited to operating a motor vehicle contrary to traffic
signals, and operating a motor vehicle without displaying a valid license plate or
reg istration.
1.29. "Violations Data" means the images and other Violations data gathered by
the Redflex System at the Designated City Streets and/or Intersection
Approaches.
1.30. "Warnina Period" means the period that only warning notices and not
Notices of Violation shall be sent during the 30 day period commencing with the
installation of a traffic-control signal monitoring device.
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2. TERM. The term of this Agreement shall commence as of the date hereof and shall
continue for a period of three (3) years after the Installation Date (the "Initial Term").
The Customer shall have the right, but not the obligation, to extend the term of this
Agreement for up to three (3) additional consecutive and automatic one (1) year
periods following the expiration of the Initial Term (each, a "Renewal Term" and
collectively with the Initial Term, the "Term"). The Customer may exercise the right
to extend the term of this Agreement for a Renewal Term by providing written notice
to Redflex not less than thirty (30) days prior to the last day of the Initial Term or the
Renewal Term, as the case may be.
3. SERVICES. Redflex shall provide the Photo Red Light Enforcement Program to the
Customer, in each case in accordance with the terms and provisions set forth in this
Agreement. This Agreement shall consists not only of the terms and conditions set
forth in this document but also the Redflex Traffic Systems USA Bid Proposal for
Automated Traffic Signal Enforcement System RFP #C015-05 incorporated herein in
its entirety (Exhibit "G") and the City of Piano's Proposal Number C015-05 RFP For
Automated Traffic Signal Enforcement System incorporated herein in its entirety
(Exhibit "H"). In the event there exists a conflict in interpretation, the documents
.
.
shall control in the order listed above. These documents shall be referred to
collectively as "Contract Documents."
3.1. INSTALLATION. With respect to the construction and installation of (1) the
Designated Intersection Approaches and the installation of the Redflex System
at such Designated Intersection Approaches, the Customer and Redflex shall
have the respective rights and obligations set forth on Exhibit B attached hereto.
3.2. MAINTENANCE. With respect to the maintenance of the Redflex System at the
Designated Intersection Approaches the Customer and Redflex shall have the
respective rights and obligations set forth on Exhibit C attached hereto.
3.3. VIOLATION PROCESSING. During the Operational Period, Violations shall be
processed as follows: ,
3.3.1. All Violations Data shall be stored on the Redflex System;
3.3.2. The Redflex System shall process Violations Data gathered from the
Designated City Streets and/or Intersection Approaches into a format
capable of review by the Authorized Officer via the Redflex System;
3.3.3. The Redflex System shall be accessible by the Authorized Officer through
a virtual private network in encrypted format by use of a confidential
password on any computer equipped with a high-speed internet connection
and a web browser;
3.3.4. Redflex shall provide the Authorized Officer with access to the Redflex
System for the purposes of reviewing the pre-processed Violations Data
within an average of four (4) days of the gathering of the Violation Data from
the applicable Designated City Streets and/or Intersection Approaches
3.3.5. The Customer shall cause the Authorized Officer to review the Violations
Data and to determine whether a Notice of Violation shall be issued with
respect to each Potential Violation captured within such Violation Data, and
transmit each such determination in the form of an Electronic Signature to
Redflex using the software or other applications or procedures provided by
Redflex on the Redflex System for such purpose, and REDFLEX HEREBY
ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A
NOTICE OF VIOLATION SHALL BE THE SOLE, UNILATERAL AND
EXCLUSIVE DECISION OF THE AUTHORIZED OFFICER AND SHALL BE
MADE IN SUCH AUTHORIZED OFFICER'S SOLE DISCRETION (A
"NOTICE OF VIOLATION DECISION"), AND IN NO EVENT SHALL
REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A NOTICE
OF VIOLATION DECISION;
3.3.6. With respect to each Authorized Violation, Redflex shall print and mail a
Notice of Violation within two (2) days after Redflex's receipt of such
authorization; provided, however, during the Warning Period, warning
violation notices shall be issued in respect of all Authorized Violations;
3.3.7. Redflex shall provide a toll-free telephone number for the purposes of
answering citizen enquiries.
3.3.8. Redflex shall permit the Authorized Officer to generate reports as needed
using the Redflex Standard Report System.
3.3.9. Prior to the installation date of the Photo Red Light Program, Redflex shall
open and maintain a local customer office for the walk-in payment of fines
.
.
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and a local mailing address in the Dallas metropolitan area to accept
payment by mail.
3.3.10. Upon Redflex's receipt of a written request from the Customer and
in addition to the Standard Reports, Redflex shall provide, without cost to
the Customer, reports regarding the processing and issuance of Notices of
Violation, the maintenance and downtime records of the Designated
Intersection Approaches and the functionality of the Redflex System with
respect thereto to the Customer in such fòrmat and for such periods as the
Customer may reasonably request; provided, however, Redflex shall not be
obligated to provide in excess of six (6) such reports in any given twelve (12)
month period without cost to the Customer;
3.3.11. Upon the Customer's receipt of a written request from Redflex, the
Customer shall provide, without cost to Redflex, reports regarding the
prosecution of Notices of Violation and the collection of fines, fees and other
monies in respect thereof in such format and for such periods as Redflex
may reasonably request; provided, however, the Customer shall not be
obligated to provide in excess of six (6) such reports in any given twelve (12)
month period without cost to Redflex;
3.3.12. Upon Redflex's receipt of a written request from the Customer at
least fourteen (14) calendar days in advance of the adjudication proceeding,
Redflex shall provide expert witnesses for use by the Customer in
prosecuting Violations; provided, however, the Customer shall use
reasonable best efforts to seek judicial notice in lieu of requiring Redflex to
provide such expert witnesses; and
3.3.13. During the three (3) month period following the Installation Date,
Redflex shall provide such training to police personnel as shall be
reasonably necessary in order to allow such personnel to act as expert
witnesses on behalf of the Customer with respect to the Redlight
Enforcement Program.
3.4. PROSECUTION AND COLLECTION: COMPENSATION. The Customer shall
diligently prosecute all contested Notices of Violation before the hearing officer
and any appeal to Customer's municipal court. Redflex shall diligently prosecute
the collection of all Fines, contested or uncontested. All payments will be
collected and deposited into a Customer specified account and will be in direct
accordance with the Customer's guidelines. Redflex will employ a collection
service to collect delinquent payments with a goal of achieving a 70-800/0
collection rate. Redflex shall have the right to receive, and the Customer shall be
obligated to pay, the compensation set forth on Exhibit D attached hereto.
3.5. OTHER RIGHTS AND OBLIGATIONS. During the Term, in addition to all of the
other rights and obligations set forth in this Agreement, Redflex and the
Customer shall have the respective rights and obligations set forth on Exhibit E
attached hereto.
3.6. CHANGE ORDERS. The Customer may from time to time request changes to
the work required to be performed or the addition of products or services to
those required pursuant to the terms of this Agreement by providing written
notice thereof to Redflex, setting forth in reasonable detail the proposed
.
.
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changes (a "Chanae Order Notice"). Upon Redflex's receipt of a Change Order
Notice, Redflex shall deliver a written statement describing the effect, if any, the
proposed changes would have on the pricing terms set forth in Exhibit D (the
"Chanae Order Proposal"), which Change Order Proposal shall include (i) a
detailed breakdown of the charge and schedule effects, (ii) a description of any
resulting changes to the specifications and obligations of the parties, (iii) a
schedule for the delivery and other performance obligations, and (iv) any other
information relating to the proposed changes reasonably requested by the
Customer. Following the Customer's receipt of the Change Order Proposal, the
parties shall negotiate in good faith and agree to a plan and schedule for
implementation of the proposed changes, the time, manner and amount of
payment or price increases or decreases, as the case may be, and any other
matters relating to the proposed changes; provided, however, in the event that
any proposed change involves only the addition of equipment or services to the
existing Designated Intersection Approaches, Designated City Vehicles, or the
addition of Intersection Approaches to be covered by the terms of this
Agreement, to the maximum extent applicable, the pricing terms set forth in
Exhibit D shall govern. Any failure of the parties to reach agreement with
respect to any of the foregoing as a result of any proposed changes shall not be
deemed to be a breach of this Agreement, and any disagreement shall be
resolved in accordance with Section 10.
.
4. License: Reservation of Riahts.
4.1. License. Subject to the terms and conditions of this Agreement, Redflex hereby
grants the Customer, and the Customer hereby accepts from Redflex upon the
terms and conditions herein specified, a non-exclusive, non-transferable license
during the Term of this Agreement to: (a) solely within the City of North Richland
Hills, access and use the Redflex System for the sole purpose of reviewing
Potential Violations and authorizing the issuance of Notice of Violations pursuant
to the terms of this Agreement, and to print copies of any content posted on the
Redflex System in connection therewith, (b) disclose to the public (including
outside of the City of North Richland Hills that Redflex is providing services to
the Customer in connection with Photo Red Light Enforcement Program
pursuant to the terms of this Agreement, and (c) use and display the Redflex
Marks on or in marketing, public awareness or education, or other publications
or materials relating to the Photo Red Light Enforcement Program, so long as
any and all such publications or materials are approved in advance by Redflex.
4.2. RESERVATION OF RIGHTS. The Customer hereby acknowledges and agrees
that: (a) Redflex is the sole and exclusive owner of the Redflex System, the
Redflex Marks, all Intellectual Property arising from or relating to the Redflex
System, and any and all related Equipment, (b) the Customer neither has nor
makes any claim to any right, title or interest in any of the foregoing, except as
specifically granted or authorized under this Agreement, and (c) by reason of the
exercise of any such rights or interests of Customer pursuant to this Agreement,
the Customer shall gain no additional right, title or interest therein.
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4.3. RESTRICTED USE. The Customer hereby covenants and agrees that it shall
not (a) make any modifications to the Redflex System, including but not limited
to any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use
any of the Redflex Marks in any way which might prejudice their distinctiveness,
validity or the goodwill of Redflex therein, (d) use any trademarks or other marks
other than the Redflex Marks in connection with the Customer's use of the
Redflex System pursuant to the terms of this Agreement without first obtaining
the prior consent of Redflex, or (e) disassemble, de-compile or otherwise
perform any type of reverse engineering to the Redflex System, the Redflex
System, including but not limited to any Equipment, or to any, Intellectual
Property or Proprietary Property of Redflex, or cause any other Person to do any
of the foregoing.
4.4. PROTECTION OF RIGHTS. Redflex shall have the right to take whatever
action it deems necessary or desirable to remedy or prevent the infringement of
any Intellectual Property of Redflex, including without limitation the filing of
applications to register as trademarks in any jurisdiction any of the Redflex
Marks, the filing of patent application for any of the Intellectual Property of
Redflex, and making any other applications or filings with appropriate
Governmental Authorities. The Customer shall not take any action to remedy 'or
prevent such infringing activities, and shall not in its own name make any
registrations or filings with respect to any of the Redflex Marks or the Intellectual
Property of Redflex without the prior written consent of Redflex.
4.5. INFRINGEMENT. The Customer shall use its reasonable best efforts to give
Redflex prompt notice of any activities or threatened activities of any Person of
which it becomes aware that infringes or violates the Redflex Marks or any of
Redflex's Intellectual Property or that constitute a misappropriation of trade
secrets or act of unfair competition that might dilute, damage or destroy any of
the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall
have the exclusive right, but not the obligation, to take action to enforce such
rights and to make settlements with respect thereto. In the event that Redflex
commences any enforcement action under this Section 4.5, then the Customer
shall render to Redflex such reasonable cooperation and assistance as is
reasonably requested by Redflex, and Redflex shall be entitled to any damages
or other monetary amount that might be awarded after deduction of actual costs;
provided, that Redflex shall reimburse the Customer for any reasonable costs
incurred in providing such cooperation and assistance.
4.6. INFRINGING USE. The Customer shall give Redflex prompt written notice of
any action or claim action or claim, whether threatened or pending, against the
Customer alleging that the Redflex Marks, or any other Intellectual Property of
Redflex, infringes or violates any patent, trademark, copyright, trade secret or
other Intellectual Property of any other Person, and the Customer shall render to
Redflex such reasonable cooperation and assistance as is reasonably requested
by Redflex in the defense thereof; provided, that Redflex shall reimburse the
Customer for any reasonable costs incurred in providing such cooperation and
assistance. If such a claim is made and Redflex determines, in the exercise of
its sole discretion, that an infringement may exist, Redflex shall have the right,
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but not the obligation, to procure for the Customer the right to keep using the
allegedly infringing items, modify them to avoid the alleged infringement or
replace them with non-infringing items.
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5. ReDresentations and Warranties.
5.1. Redflex Representations and Warranties.
5.1.1. Authoritv. Redflex hereby warrants and represents that it has all right,
power and authority to execute and deliver this Agreement and perform its
obligations hereunder.
5.1.2. Professional Services. Redflex hereby warrants and represents that any
and all services provided by Redflex pursuant to this Agreement shall be
performed in a professional and workmanlike manner and, with respect to
the installation of the Redflex System, subject to applicable law, in
compliance with all specifications provided to Redflex by the Customer.
5.2. Customer Representations and Warranties.
5.2.1. Authoritv. The Customer hereby warrants and represents that it has all
right, power and authority to execute and deliver this Agreement and
perform its obligations hereunder.
5.2.2. Professional Services. The Customer hereby warrants and represents
that any and all services provided by the Customer pursuant to this
Agreement shall be performed in a professional and workmanlike manner.
5.3. LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS
AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM OR ANY RELATED
EQUIPMENT OR WITH RESPECT TO THE RESULTS OF THE CUSTOMER'S
USE OF ANY OF THE FOREGOING. NOTWITHSTANDING ANYTHING TO
THE CONTRARY SET FORTH HEREIN, REDFLEX DOES NOT WARRANT
THAT ANY OF THE DESIGNATED INTERSECTION APPROACHES OR THE
REDFLEX SYSTEM WILL OPERATE IN THE WAY THE CUSTOMER SELECTS
FOR USE, OR THAT THE OPERATION OR USE THEREOF WILL BE
UNINTERRUPTED. THE CUSTOMER HEREBY ACKNOWLEDGES THAT THE
REDFLEX SYSTEM MAY MALFUNCTION FROM TIME TO TIME, AND
SUBJECT TO THE TERMS OF THIS AGREEMENT, REDFLEX SHALL
DI.LIGENTL Y ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN A
TIMELY MANNER.
6. Termination.
6.1. TERMINATION FOR CAUSE: Either party shall have the right to terminate this
Agreement immediately by written notice to the other if (i) state statutes are,
amended to prohibit or substantially change the operation of photo red light
enforcement systems; (ii) any court having jurisdiction over City rules, or state or
federal statute declares, that results from the Redflex System of photo red light
enforcement are inadmissible in evidence; or (iii) the other party commits any
material breach of any of the provisions of this Agreement. In the event of a
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termination due to Section 6.1 (i) or 6.1 (ii) above, Customer shall be relieved of
any further obligations for payment to Redflex other'than as specified in Exhibit
"0". . Either party shall have the right to remedy the cause for termination (Sec
6.1) within forty-five (45) calendar days (or within such other time period as the
Customer and Redflex shall mutually agree, which agreement shall not be
unreasonably withheld or delayed) after written notice from the non-causing
party setting forth in reasonable detail the events of the cause for termination.
6.2. The rights to terminate this Agreement given in this Section 6.1 shall be without
prejudice to any other right or remedy of either party in respect of the breach
concerned (if any) or any other breach of this Agreement.
6.3. PROCEDURES UPON TERMINATION. The termination of this Agreement shall
not relive either party of any liability that accrued prior to such termination.
Except as set forth in Section 6.3, upon the termination of this Agreement, all of
the provisions of this Agreement shall terminate and:
6.3.1. Redflex shall (i) immediately cease to provide services, including but not
limited to work in connection with the construction or installation activities
and services in connection with the Photo Red Light Enforcement Program,
(ii) promptly deliver to the Customer any and all Proprietary Property of the
Customer provided to Redflex pursuant to this Agreement, (iii) promptly
deliver to the Customer a final report to the Customer regarding the
collection of data and the issuance of Notice of Violations in such format and
for such periods as the Customer may reasonably request, and which final
report Redflex shall update or supplement from time to time when and if
additional data or information becomes available, (iv) promptly deliver to
Customer a final invoice stating all fees and charges properly owed by
Customer to Redflex for work performed and Notice of Violations issued by
Redflex prior to the termination, and (v) provide such assistance as the
Customer may reasonably request from time to time in connection with
prosecuting and enforcing Notice of Violations issued prior to the termination
of this Agreement.
6.3.2. The Customer shall (i) immediately cease using the Photo Red Light
Enforcement Program, accessing the Redflex System and using any other
Intellectual Property of Redflex, (ii) promptly deliver to Redflex any and all
Proprietary Property of Redflex provided to the Customer pursuant to this
Agreement, and (iii) promptly pay any and all fees, charges and amounts
properly owed by Customer to Redflex for work performed and Notice of
Violations issued by Redflex prior to the termination.
6.3.3. Unless the Customer and Redflex have agreed to enter into a new
agreement relating to the Photo Red Light Enforcement Program or have
agreed to extend the Term of this Agreement, Redflex shall remove any and
all Equipment or other materials of Redflex installed in connection with
Redflex's performance of its obligations under this Agreement, including but
not limited to housings, poles and camera systems, and Redflex shall
restore the Designated City Vehicles and Designated Intersection
Approaches to substantially the same condition such Designated
Intersection Approaches were in immediately prior to this Agreement.
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6.4. SURVIVAL. Notwithstanding the foregoing, the definitions and each of the
following shall survive the termination of this Agreement: (x) Sections 4.2
(Reservation of Rights), 5.1 (Redflex Representations and Warranties), 5.2
(Customer Representations and Warranties), 5.3 (limited Warranty), 7
(Confidentiality), 8 (Indemnification and liability), 9 (Notices), 10 (Dispute
Resolution), 11.1 (Assignment), 11.17 (Applicable law), 11.16 (Injunctive Relief;
Specific Performance) and 11.18 (Jurisdiction and Venue), and (y) those
provisions, and the rights and obligations therein, set forth in this Agreement
which either by their terms state, or evidence the intent of the parties, that the
provisions survive the expiration or termination of the Agreement, or must
survive to give effect to the provisions of this Agreement.
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7. CONFIDENTIALITY. During the term of this Agreement and for a period of three (3)
years thereafter, neither party shall disclose to any third person, or use for itself in
any way for pecuniary gain, any Confidential Information learned from the other
party during the course of the negotiations for this Agreement or during the Term of
this Agreement. Upon termination of this Agreement, each party shall return to the
other all tangible Confidential Information of such party. Each party shall retain in
confidence and not disclose to any third party any Confidential Information without
the other party's express written consent, except (a) to its employees who are
reasonably required to have the Confidential Information, (b) to its agents,
representatives, attorneys and other professional advisors that have a need to know
such Confidential Information, provided that such parties undertake in writing (or are
otherwise bound by rules of professional conduct) to keep such information strictly
confidential, and (c) pursuant to, and to the extent of, a request or order by any
Governmental Authority, including laws relating to public records.
8. Indemnification and Liabilitv.
8.1. Indemnification bv Redflex. Subject to Section 8.3, Redflex hereby agrees to
defend and indemnify the Customer and its affiliates, shareholders or other
interest holders, managers, officers, directors, employees, agents,
representatives and successors, permitted assignees and each of their affiliates,
and all persons acting by, through, under or in concert with them, or any of them
(individually a "Customer Party" and collectively, the "Customer Parties")
against, and to protect, save and keep harmless the Customer Parties from, and
to pay on behalf of or reimburse the Customer Parties as and when incurred for,
any and all liabilities, obligations, losses, damages, penalties, demands, claims,
actions, suits, judgments, settlements, costs, expenses and disbursements
(including reasonable attorneys', accountants' and expert witnesses' fees) of
whatever kind and nature (collectively, "losses"), which may be imposed on or
incurred by any Customer Party arising out of or related to (a) any material
misrepresentation, inaccuracy or breach of any covenant, warranty or
representation of Redflex contained in this Agreement, or (b) the willful
misconduct of Redflex, its employees or agents which result in death or bodily
injury to any natural person (including third parties) or any damage to any real or
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tangible personal property (including the personal property of third parties),
except to the extent caused by the willful misconduct of any Customer Party.
8.2. Indemnification bv Customer. Subject to Section 8.3, the Customer, to the extent
allowed by law and without waiving any rights, defenses or immunities provided
to it by the Texas Tort Claims Act, hereby agrees to defend and indemnify
Redflex and its affiliates, shareholders or other interest holders, managers,
officers, directors, employees, agents, representatives and successors,
permitted assignees and all persons acting by, through, under or in concert with
them, or any of them (individually a "Redflex Party" and collectively, the "Redflex
Parties") against, and to protect, save and keep harmless the Redflex Parties
from, and to pay on behalf of or reimburse the Redflex Parties as and when
incurred for, any and all Losses which may be imposed on or incurred by any
Redflex Party arising out of or in a~y way related to (a) any material
misrepresentation, inaccuracy or breach of any covenant, warranty or
representation of the Customer contained in this Agreement, or (b) the willful
misconduct of the Customer, its employees, contractors or agents which result in
death or bodily injury to any natural person (including third parties) or any
damage to any real or tangible personal property (including the personal
property of third parties), except to the extent caused by the willful misconduct of
any Redflex Party.
8.3. Indemr:1ification Procedures. In the event any claim, action or demand (a
"Claim") in respect of which any party hereto seeks indemnification from the
other, the party seeking indemnification (the "Indemnified Party") shall give the
party from whom indemnification is sought (the "Indemnifying Party") written
notice of such Claim promptly after the Indemnified Party first becomes aware
thereof; provided, however, that failure so to give such notice shall not preclude
indemnification with respect to such Claim except to the extent of any additional
or increased Losses or other actual prejudice directly caused by such failure.
The Indemnifying Party shall have the right to choose counsel to defend such
Claim (subject to the approval of such counsel by the Indemnified Party, which
approval shall not be unreasonably withheld, conditioned or delayed), and to
control, compromise and settle such Claim, and the Indemnified Party shall have
the right to participate in the defense at its sole expense; provided, however, the
Indemnified Party shall have the right to take over the control of the defense or
settlement of such Claim at any time if the Indemnified Party irrevocably waives
all rights to indemnification from and by the Indemnifying Party. The
Indemnifying Party and the Indemnified Party shall cooperate in the defense or
settlement of any Claim, and no party shall have the right enter into any
settlement agreement that materially affects the other party's material rights or
material interests without such party's prior written consent, which consent will
not be unreasonably withheld or delayed.
8.4. LIMITED LIABILITY. Notwithstanding anything to the contrary in this
Agreement, neither party shall be liable to the other, by reason of any
representation or express or implied warranty, condition or other term or any
duty at common or civil law, for any indirect, incidental, special, lost profits or
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consequential damages, however caused and on any theory of liability arising
out of or relating to this Agreement.
9. NOTICES. Any notices to be given hereunder shall be in writing, and shall be
deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3)
days after being mailed first class, certified mail, return receipt requested, postage
and registry fees prepaid, or (c) one Business Day after being delivered to a
reputable overnight courier service, excluding the U.S. Postal Service, prepaid,
marked for next day delivery, if the courier service obtains a signature
acknowledging receipt, in each case addressed or sent to such party as follows:
9.1. Notices to Redflex:
Redflex Traffic Systems, Inc.
15020 North 74th Street
Scottsdale, AZ 85260
Attention: Ms. Karen Finley
Facsimile: (480) 607-5552
9.2. Notices to the Customer:
City of North Richland Hills
7301 N. E. Loop 820, North Richland Hills, TX 76180
Attention: Larrv Cunningham, City Manager
Office (817)427-6003
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10. DISPUTE RESOLUTION. Upon the occurrence of any dispute or disagreement
between the parties hereto arising out of or in connection with any term or provision
of this Agreement, the subject matter hereof, or the interpretation or enforcement
hereof (the "Dispute"), the parties shall engage in informal, good faith discussions
and attempt to resolve the Dispute. In connection therewith, upon written notice of
either party, each of the parties will appoint a designated officer whose task it shall
be to meet for the purpose of attempting to resolve such Dispute. The designated
officers shall meet as often as the parties shall deem to be reasonably necessary.
Such officers will discuss the Dispute. If the parties are unable to resolve the
Dispute in accordance with this Section 10, and in the event that either of the parties
concludes in good faith that amicable resolution through continued negotiation with
respect to the Dispute is not reasonably likely, then the parties may mutually agree
to submit to binding or nonbinding arbitration or mediation.
11. Miscellaneous.
11.1. ASSIGNMENT. Neither party may assign all or any portion of this
Agreement without the prior written consent of the other. However, the Customer
hereby acknowledges and agrees that the execution (as outlined in Exhibit F),
delivery and performance of Redflex's rights pursuant to this Agreement shall
require a significant investment by Redflex, and that in order to finance such
investment, Redflex may be required to enter into certain agreements or
arrangements ("Financing Transactions") with equipment lessors, banks,
financial institutions or other similar persons or entities (each, a "Financial
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I nstitution" and collectively, "Financial I nstitutions"). The Customer hereby
agrees that Redflex shall have the right to assign, pledge, hypothecate or
otherwise transfer ("Transfer") its rights, or any of them, under this Agreement to
any Financial Institution in connection with any Financing Transaction between
Redflex and any such Financial Institution, subject to the Customer's prior
written approval, which approval shall not be unreasonably withheld or delayed.
The Customer further acknowledges and agrees that in the event that Redflex
provides written notice to the Customer that it intends to Transfer all or any of
Redflex's rights pursuant to this Agreement, and in the event that the Customer
fails to provide such approval or fails to object to such Transfer within forty-five
(45) business days after its receipt of such notice from Redflex, for the purposes
of this Agreement, the Customer shall be deemed to have consented to and
approved such Transfer by Redflex. Notwithstanding the above, this Agreement
shall inure to the benefit of, and be binding upon, the parties hereto, and their
respective successors or assigns.
11.2. "SPEED ENFORCEMENT" The Customer and Redflex agree that
should legislation or local ordinance be enacted to enable the photo,
enforcement of speed within the city, and the city requires this capability for
public safety then the city will have the option to extend this contract to include
additional terms for photo enforcement of speed within the city.
11.3. RELATIONSHIP BETWEEN REDFLEX AND THE CUSTOMER. Nothing
in this Agreement shall create, or be deemed to create, a partnership, joint
venture or the relationship of principal and agent or employer and employee
between the parties. The relationship between the parties shall be that of
independent contractors, and nothing contained in this Agreement shall create the
relationship of principal and agent or otherwise permit either party to incur any
debts or liabilities or obligations on behalf of the other party (except as specifically
provided herein).
11.4. AUDIT RIGHTS. Each of parties hereto shall have the right to audit to
audit the books and records of the other party hereto (the "Audited Partv") solely
for the purpose of verifying the payments, if any, payable pursuant to this
Agreement. Any such audit shall be conducted upon not less than forty-eight
(48) hours' prior notice to the Audited Party, at mutually convenient times and
during the Audited Party's normal business hours. Except as otherwise provided
in this Agreement, the cost of any such audit shall be borne by the non-Audited
Party. In the event any such audit establishes any underpayment of any
payment payable by the Audited Party to the non-Audited Party pursuant to this
Agreement, the Audited Party shall promptly pay the amount of the shortfall, and
in the event that any such audit establishes that the Audited Party has underpaid
any payment by more than twenty five percent (25%) of the amount of actually
owing, the cost of such audit shall be borne by the Audited Party. In the event
any such audit establishes any overpayment by the Audited Party of any
payment made pursuant to this Agreement, non-Audited Party shall promptly
refund to the Audited Party the amount of the excess.
11.5. FORCE MAJEURE. Neither party will be liable to the other or be deemed
to be in breach of this Agreement for any failure or delay in rendering
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performance arising out of causes beyond its reasonable control and without its
fault or negligence. Such causes may include but are not limited to, acts of God
or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics,
quarantine restrictions, strikes, freight embargoes, or Governmental Authorities
approval delays which are not caused by any act or omission by Redflex, an~
unusually severe weather. The party whose performance is affected agrees to'
notify the other promptly of the existence and nature of any delay.
11.6. ENTIRE AGREEMENT. This Agreement represents the entire Agreement
between the parties, and there are no other agreements (other than invoices and
purchase orders), whether written or oral, which affect its terms. This
Agreement may be amended only by a subsequent written agreement signed by
both parties.
11.7. SEVERABiliTY. If any provision of this Agreement is held by any court or
other competent authority to be void or unenforceable in whole or part, this
Agreement shall continue to be valid as to the other provisions thereof and the
remainder of the affected provision.
11.8. WAIVER. Any waiver by either party of a breach of any provision of this
Agreement shall not be considered as a waiver of any subsequent breach of the
same or any other provision thereof.
11.9. CONSTRUCTION Except as expressly otherwise provided in this
Agreement, this Agreement shall be construed as having been fully and
completely negotiated and neither the Agreement nor any provision thereof shall
be construed more strictly against either party.
11.10. HEADINGS. The headings of the sections contained in this Agreement
are included herein for reference purposes only, solely for the convenience of
the parties hereto, and shall not in any way be deemed to affect the meaning,
interpretation or applicability of this Agreement or any term, condition or
provision hereof.
11.11. EXECUTION AND COUNTERPARTS. This Agreement may be executed
in any number of counterparts, each of which when so executed and delivered
shall be deemed an original, and such counterparts together shall constitute only
one instrument. Anyone of such counterparts shall be sufficient for the purpose
of proving the existence and terms of this Agreement, and no party shall be
required to produce an original or all of such counterparts in making such proof.
11.12. COVENANT OF FURTHER ASSURANCES. All parties to this Agreement
shall, upon request, perform any and all acts and execute and deliver any and all
certificates, instruments and other documents that may be necessary or
appropriate to carry out any of the terms, conditions and provisions hereof or to
carry out the intent of this Agreement.
11.13. REMEDIES CUMULATIVE. Each and all of the several rights and
remedies provided for in this Agreement shall be construed as being cumulative
and no one of them shall be deemed to be exclusive of the others or of any right
or remedy allowed by law or equity, and pursuit of anyone remedy shall not be
deemed to be an election of such remedy, or a waiver of any other remedy.
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11.14. BINDING EFFECT. This Agreement shall inure to the benefit of and be
binding upon all of the parties hereto and their respective executors,
administrators, successors and permitted assigns.
11.15. COMPLIANCE WITH LAWS. Nothing contained in this Agreement shall
be construed to require the commission of any act contrary to law, and
whenever there is a conflict between any term, condition or provision of this
Agreement and any present or future statute, law, ordinance or regulation
contrary to which the parties have no legal right to contract, the latter shall
prevail, but in such event the term, condition or provision of this Agreement
affected shall be curtailed and limited only to the extent necessary to bring it
within the requirement of the law, provided that such construction is consistent
with the intent of the Parties as expressed in this Agreement.
11.16. NO THIRD PARTY BENEFIT. Nothing contained in this Agreement shall
be deemed to confer any right or benefit on any Person who is not a party to this
Agreement.
11.17. INJUNCTIVE RELIEF: SPECIFIC PERFORMANCE. The parties hereby
agree and acknowledge that a breach of Sections 4.1 (License), 4.3 (Restricted
Use) or 7 (Confidentiality) of this Agreement would result in severe and
irreparable injury to the other party, which injury could not be adequately
compensated by an award of money damages, and the parties therefore agree
and acknowledge that they shall be entitled to injunctive relief in the event of any
breach of any material term, condition or provision of this Agreement, or to
enjoin or prevent such a breach, including without limitation an action for specific
performance hereof.
11.18. APPLICABLE LAW. This Agreement shall be governed by and construed
in all respects solely in accordance with the laws of the State of Texas United
States.
11.19. JURISDICTION AND VENUE. Any dispute arising out of or in connection
with this Agreement shall be submitted to the exclusive jurisdiction and venue of
the courts located in the County of Collin, Texas, and both parties specifically
agree to be bound by the jurisdiction and venue thereof.
11.20. MOST FAVORED NATION CLAUSE. If during the term of this contract
Redflex should enter into any agreement with another municipality within the
greater Dallas metropolitan area for photo red light enforcement upon terms and
conditions more favorable than those granted to Customer, Reflex agrees to
modify this contract to include such favorable terms if so requested by
Customer.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first set forth above.
"Customer"
" Redflex"
CITY OF NORTH RICHLAND HILLS
By:
REDFLEX TRAFFIC SYSTEMS, INC.,
By:
Name:
Titl e:
APPROVED AS TO CONTENT:
By:
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EXHIBIT "A"
Designated Intersection Approaches
The contract is for the implementation of up to 20 intersections. Identification of
enforced intersection will be based on mutual agreement between Redflex and the City
as warranted by community safety and traffic needs.
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EXHIBIT "B"
Construction and Installation Obliaations
Timeframe for Installation: Fixed Photo Red Light System
Redflex will have each specified intersection installed and activated in phases in
accordance with an implementation plan to be mutually agreed to by Redflex Traffic
Systems and the Municipality.
Redflex will use reasonable commercial efforts to install the system in accordance with
the schedule set forth in the implementation plan that will be formalized upon project
commencement.
Redflex will use reasonable commercial efforts to install and activate the first four
specified intersection within the first ninety (90) days subsequent to formal project kick-
off. Any additional intersections will be added within thirty (30) days of receipt of a
notice to proceed. The Municipality agrees that the estimated timeframe for installation
and activation are subject to conditions beyond the control of Redflex and are not
guaranteed.
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In order to provide the client with timely completion of the photo enforcement project
Redflex Traffic Systems requires that the City assist with providing timely approval of
City permit requests. The City acknowledges the importance of the safety program and
undertakes that in order to keep the project on schedule the customer is to provide city
engineers review of Redflex permit requests and all documentation within a two
business days. Redflex will also review and correct if necessary any red lines with in
two business days. Permits need to be received within five business days of first
submittal in order to implement the program in a timely manner.
1. Redflex Obliaations. Redflex shall do or cause to be done each of the following (in
each case, unless otherwise stated below, at Redflex's sole expense):
1.1. Appoint the Redflex Project Manager and a project implementation team
consisting of between one (1) and four (4) people to assist the Redflex Project
Manager;
1.2. Request current "as-built" electronic engineering drawings for the Designated
Intersection Approaches (the "Drawings") from the city traffic engineer, if
available;
1.3. Develop and submit to the Customer for approval construction and installation
specifications in reasonable detail for the Designated Intersection Approaches,
including but not limited to specifications for all radar sensors, pavement loops,
electrical connections and traffic controller connections, as required; and
1.4. Seek approval from the relevant Governmental Authorities having authority or
jurisdiction over the construction and installation specifications for the
Designated Intersection Approaches (collectively, the "Approvals"), which will
include compliance with City permit applications.
1.5. Finalize the acquisition of the Approvals;
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1.6. Submit to the Customer a public awareness strategy for the Customer's
consideration and approval, which strategy shall include media and educational
materials for the Customer's approval or amendment (the "Awareness
Strategy");
1.7. Develop the Redlight Violation Criteria in consultation with the Customer;
1.8. Develop the Enforcement Documentation for approval by the Customer, which
approval shall not be unreasonably withheld;
1.9. Complete the installation and testing of all necessary Equipment, including
hardware and software, at the Designated Intersection Approaches (under the
supervision of the Customer);
1.10. Cause an electrical sub-contractor to complete all reasonably necessary
electrical work at the Designated Intersection Approaches, including but not
limited to the installation of all related Equipment and other detection sensors,
poles, cabling, telecommunications equipment and wiring, which work shall be
performed in compliance with all applicable local, state and federal laws and
regulations;
1.11. Install and test the functionality of the Designated Intersection Approaches
with the Redflex System and establish fully operational Violation processing
capability with the Redflex System;
1.12. Implement the use of the Redflex System at each of the Designated
Intersection Approaches;
1.13. Deliver the Materials to the Customer; and
1.14. Issue Notice of Violation notices for Authorized Violations;
1.15. Redflex shall provide training (i) for up to fifteen (15) personnel of the
Customer, including but not limited to the persons who Customer shall appoint
as Authorized Officers and other persons involved in the administration of the
Redlight Photo Enforcement Program, (ii) for at least sixteen (16) hours in the
aggregate, (iii) regarding the operation of the Redflex System and the Redlight
Photo Enforcement Program, which training shall include training with respect to
the Redflex System and its operations, strategies for presenting Violations Data
in administrative adjudication hearing proceedings and a review of the
Enforcement Documentation;
1.16. Interact with administrative adjudication hearing personnel to address
issues regarding the implementation of the Redflex System, the development of
a subpoena processing timeline that will permit the offering of Violations Data in
adjudication proceedings, and coordination between Redflex, the Customer and
adjudication personnel; and
1.17. Redflex will work with the Customer to develop a comprehensive Public
Awareness/Education Campaign that will be based on research and public
polling to ensure tailored messaging for the community. Redflex will organize a
press conference at the project's commencement and coordinate all logistics,
including preparing a media packet which will include: a news release; an
overview of the Customer's photo enforcement program; a project fact sheet; a
project question and answer sheet; a photo enforcement "Facts & Myths"
handout; a map showing photo enforcement intersections and thoroughfares;
background on similar successful projects elsewhere; an explanation of photo
.
.
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enforcement technology; an explanation of how the program will be
administered; and a spokesperson contact list. The Police Department's Public
Information Officer will be their primary point of contact, and will have final
approval on all media materials
1.18. Notice of Violation processing and Notice of Violation re-issuance
1.19. Employ a collection agency to collect delinquent accounts. To offset the
cost of collecting each delinquent account, Redflex will receive reimbursement
for the cost of delinquent collection up to the amount of the late fee penalty of
$25 associated with that account, for each account and associated late fee
successfully collected.
2. CUSTOMER OBLIGATIONS. The Customer shall do or cause to be done each of
the following (in each case, unless otherwise stated below, at Customer's sole
expense ):
2.1.1. Appoint the Police Project Manager; Provide an Administrative Hearing
Officer to preside over Appeals Hearing for the City.
2.1.2. Assist Redflex in obtaining the Drawings from the relevant Governmental
Authorities;
2.1.3. Notify Redflex of any specific requirements relating to the construction and
installation of any Intersection Approaches or the implementation of the
Redlight Photo Enforcement Program;
2.1.4. Provide assistance to Redflex in obtaining access to the records data of
the Texas Department of Transportation in Redflex's capacity as an
independent contractor to the Customer; and
2.1.5. Assist Redflex in seeking the Approvals
2~ 1.6. Provide reasonable access to the Customer's properties and facilities in
order to permit Redflex to install and test the functionality of the Designated
Intersection Approaches and the Redlight Photo Enforcement Program;
2.1.7. Provide reasonable access to the personnel of the Customer and
reasonable information about the specific operational requirements of such
personnel for the purposes of performing training;
2.1.8. Seek approval or amendment of Awareness Strategy, as described in
Section 1.17 above, and provide written notice to Redflex with respect to the
quantity of media and program materials (the "Materials") that the Customer
will require in order to implement the Awareness Strategy during the period
commencing on the date on which Redflex begins the installation of any of
the Designated Intersection Approaches and ending one (1) month after the
I nstallation Date;
2.1.9. Assist Redflex in developing the Redlight Violation Criteria; and
2.1.10. Seek approval of the Enforcement Documentation.
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EXHIBIT "C"
Maintenance
1. All repair and maintenance of Photo Red Light Enforcement systems and related
equipment will be the sole responsibility of Redflex, including but not limited to
maintaining the casings of the cameras included in the Redflex System and all other
Equipment in reasonably clean and graffiti-free condition.
2. Redflex shall not open the Traffic Signal Controller Boxes without a representative of
city Traffic Engineering present.
3. The provision of all necessary communication, broadband and telephone services to
the Designated Intersection Approaches will be the sole responsibility of the Redflex
4. The provision of all necessary electrical services to the Designated Intersection
Approaches will be the sole responsibility of Redflex.
5. In the event that images of a quality suitable for the Authorized Officer to identify
Violations cannot be reasonably obtained without the use of flash units, Redflex shall
provide and install such flash units.
6. The Redflex Project Manager (or a reasonable alternate) shall be available to the
Police Project Manager each day, on a reasonable best efforts basis.
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EXHIBIT "D"
COMPENSATION & PRICING
Commencing on the expiration of the Warning Period for each Designated Intersection
Approach, Customer shall be obligated to pay Redflex a fixed fee of $4,870 per month
for each Designated Intersection Approach ("Fixed Fee") as full remuneration for
performing all of the services contemplated in this Agreement.
As a beta-testing and feasibility study, Redflex will provide a mobile photo red light
system unit for a period of 90 days at no charge to the Customer; upon completion of
feasibility study; Redflex and the Customer will have the option to extend this contract
and negotiate terms for mobile photo enforcement.
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Cost Neutralitv
Cost neutrality is assured to Customer. The maximum compensation that Customer
shall be obligated to pay to Redflex each month is the Fixed Fee. Each month,
Customer and Redflex shall compare the aggregate revenue received from all Notice of
Violations ("Revenue") to the total amount invoiced by Redflex for the Fixed Fee
("Amount Invoiced") during the previous month ("Cost Neutrality Review"). If the
Amount Invoiced exceeds the Revenue, then City shall only be obligated to pay the
Revenue to Redflex and the difference between the Revenue and the Amount Invoiced
for that month will carryover to the next month as a deficit ("Deficit Amount"). If, in the
next following month, the Revenue exceeds the Amount Invoiced, Customer shall pay
the Amount Invoiced plus all or any portion of the accumulated Deficit Amount to the
extent that there is sufficient Revenue to pay all or any portion of the Deficit Amount.
Upon contract expiration any such outstanding deficits will be forfeited by Redflex.
BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS:
1. Redflex construction will· be able to utilize existing conduit for installation where
space is available.
2. The Customer agrees to pay Redflex within thirty (30) days after the invoice is
received. A monthly late fee of 1.5% is payable for amounts remaining unpaid 60
days from date of invoice.
3. Each year, beginning with the second year of the Initial Term, the pricing will be
adjusted by the Consumer Price Index (CPI) for the Dallas Metroplex as published
by the U.S. Department of Labor.
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Exhibit "E"
Additional Riahts and Obliaations
Redflex and the Customer shall respectively have the additional rights and obligations
set forth below:
1. Redflex shall assist the Customer in public information and education efforts,
including but not limited to the development of artwork for utility bill inserts, press
releases and schedules for any public launch of the Redlight Photo Enforcement
Program (actual print and production costs are the sole responsibility of the
Customer).
2. Redflex shall be solely responsible for installing such Signage. The Customer shall
be solely responsible for the fabrication of any signage, notices or other postings
required pursuant to any law, rule or regulation of any Governmental Authority
("Sianaae"), including but not limited to the Vehicle Code, and shall assist in
determining the placement of such Signage.
3. The Redflex Project Manager and the Police Project Manager shall meet on a
weekly basis during the period commencing as of the date of execution hereof and
ending on the Installation Date, and on a monthly basis for the remainder of the
Term, at such times and places as the Redflex Manager and the Customer Manager
shall mutually agree.
4. The Customer shall not access the Redflex System or use the Redlight Photo
Enforcement Program in any manner other than prescribe by law and which restricts
or inhibits any other Person from using the Redflex System or the Redflex Photo
Enforcement Program with respect to any Intersection Approaches constructed or
maintained by Redflex for such Person, or which could damage, disable, impair or
overburden the Redflex System or the Redflex Photo Enforcement Program, and the
Customer shall not attempt to gain unauthorized access to (i) any account of any
other Person, (ii) any computer systems or networks connected to the Redflex
System, or (iii) any materials or information not intentionally made available by
Redflex to the Customer by means of hacking, password mining or any other
method whatsoever, nor shall the Customer cause any other Person to do any of the
foregoing.
5. The Customer shall maintain the confidentiality of any username, password or other
process or device for accessing the Redflex System or using the Redlight Photo
Enforcement Program.
6. Each of Redflex and the Customer shall advise each other in writing with respect to
any applicable rules or regulations governing the conduct of the other on or with
respect to the property of such other party, including but not limited to rules and
regulations relating to the safeguarding of confidential or proprietary information, and
when so advised, each of Redflex and the Customer shall obey any and all such
rules and regulations.
7. The Customer shall promptly reimburse Redflex for the cost of repairing or replacing
any portion of the Redflex System, or any property or equipment related thereto,
damaged directly or indirectly by the Customer, or any of its employees, contractors
or agents.
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Insurance
1. During the Term, Redflex shall procure and maintain and Redflex's sole cost and
expense the following insurance coverage with respect to claims for injuries to
persons or damages to property which may arise from or in connection with the
performance of work or services pursuant to this Agreement by Redflex, and
each of Redflex's subcontractors, agents, representatives and employees:
2. Commercial General Liability Insurance. Commercial General Liability Insurance
with coverage of not less than One Million Dollars ($1 ,000,000) combined single
limit per occurrence for bodily injury and property damage;
3. Commercial Automobile Liability Insurance. Commercial Automobile Liability
Insurance with coverage of not less than One Million Dollars ($1 ,000,000)
combined single limit per occurrence for bodily injury or property damage,
including but not limited to coverage for all automobiles owned by Redflex, hired
by Redflex, and owned by third parties;
4. Professional Liability (Errors and Omissions) Insurance. Redflex will use its
commercial best efforts to procure and maintain Professional Liability (Errors and
Omissions) Insurance with coverage of not less than One Million Dollars
($1,000,000) per occurrence and in the aggregate.
5. Workers' Compensation and Employer's Liability Insurance. Workers'
Compensation Insurance with coverage of not less than the limits required by the
Labor Code of the State of Texas, Employer's Liability Insurance with coverage of
not less than One Million Dollars ($1,000,000) per occurrence.
6. With respect to the insurance described in the foregoing Section of this Exhibit E,
any deductibles or self-insured retentions must be declared to and approved by
the Customer, and any changes to such deductibles or self-insured retentions
during the Term must be approved in advance in writing by the Customer.
7. With respect to the Commercial General Liability Insurance the following
additional provisions shall apply:
8. The Customer Parties shall be covered as additional insureds with respect to any
liability arising from any act or omission of any Redflex Parties on the premises
upon which any such Redflex Parties may perform services pursuant to this
Agreement, and such coverage shall contain no special limitations on the scope
of protection afforded to such additional insureds.
9. The insurance coverage procured by Redflex and described above shall be the
primary insurance with respect to the Customer Parties in connection with this
Agreement, and any insurance or self-insurance maintained by the customer
shall be in excess, and not in contribution to, such insurance.
10. Any failure to comply with the reporting provisions of the various insurance
policies described above shall not affect the coverage provided to the customer,
and such insurance policies shall state the such insurance coverage shall apply
separately with respect to each additional insured against whom any claim is
made or suit is brought, except with respect to the limits set forth in such
insurance policies.
11. With respect to the insurance described in the foregoing Section of this Exhibit E,
each such insurance policy shall be endorsed to state that the coverage provided
thereby shall not be cancelled except after thirty (30) calendar days' prior written
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notice to the Customer. If any of the Redflex Parties are notified by any insurer
that any insurance coverage will be cancelled, Redflex shall immediately provide
written notice thereof to the Customer and shall take all necessary actions to
correct such cancellation in coverage limits, and shall provide written notice to
the Customer of the date and nature of such correction. If Redflex, for any
reason, fails to maintain the insurance coverage required pursuant to this
Agreement, such failure shall be deemed a material breach of this Agreement,
and the Customer shall have the right, but not the obligation and exercisable in
its sole discretion, to either (i) terminate this Agreement and seek damages from
Redflex for such breach, or (ii) purchase such required insurance, and without
further notice to Redflex, deduct from any amounts due to Redflex pursuant to
this Agreement, any premium costs advance by the Customer for such
insurance. If the premium costs advanced by the Customer for such insurance
exceed any amounts due to Redflex pursuant to this Agreement, Redflex shall
promptly remit such excess amount to the Customer upon receipt of written
notice thereof.
12. Redflex shall provide certificates of insurance evidencing the insurance required
pursuant to the terms of this Agreement, which certificates shall be executed by
an authorized representative of the applicable insurer, and which certificates
shall be delivered to the Customer prior to Redflex commencing any work
pursuant to the terms of this Agreement.
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Exhibit F
FORM OF ACKNOWLEDGMENT AND CONSENT
This Acknowledgement and Consent, dated as of , 2006, is
entered into by and between the City of North Richland Hills (the "City") and Redflex
Traffic Systems, Inc., ("Redflex"), with reference to the [Agreement for Automated Red
Light Photo Enforcement Cameras], dated as of , by and between
the City and Redflex (the "Agreement").
1. Redflex has entered into a Credit Agreement, dated as of August 3, 2004
(the "Harris-Redflex Credit Agreement"), with Harris Trust and Savings Bank (the
"Bank"), pursuant to which the Bank has provided certain working capital credit facilities
to Redflex. Such credit facilities will provide Redflex the working capital that it needs to
perform its obligations to the City under the Agreement.
2. Pursuant to the Harris-Redflex Credit Agreement, Redflex has granted
Harris a security interest in all of Redflex's personal property as collateral for the
payment and performance of Redflex's obligations to the Bank under the Harris-Redflex
Credit Agreement. Such security interest applies to and covers all of Redflex's contract
rights, including, without limitation, all of Redflex's rights and interests under the
Agreement.
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3. Redflex will not, by virtue of the Harris-Redflex Credit Agreement, be
relieved of any liability or obligation under the Agreement, and the Bank has not
assumed any liability or obligation of Redflex under the Agreement.
4. The City hereby acknowledges notice of, and consents to, Redflex's grant
of such security interest in favor of the Bank in all of Redflex's rights and interests under
the Agreement pursuant to the Harris-Redflex Credit Agreement.
5. The City further acknowledges and agrees that this Acknowledgement and
Consent shall be binding upon the City and shall inure to the benefit of the successors
and assigns of the Bank and to any replacement lender which refinances Redflex's
obligations to the Bank under the Harris-Redflex Credit Agreement.
IN WITNESS WHEREOF, the City and Redflex have caused this
Acknowledgement and Consent to be executed by their respective duly authorized and
elected officers as of the date first above written.
The City:
CITY OF NORTH RICHLAND HILLS
Redflex:
REDFLEX TRAFFIC SYSTEMS, INC.
By:
Name:
Title:
By:
Name:
Title:
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Exhibit "G"
Redflex Traffic Systems USA Bid Proposal for Automated Traffic Signal Enforcement
System RFP #C015-05
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Exhibit "H"
City of Plana's Proposal Number C015-05 RFP For Automated Traffic Signal
Enforcement System
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-
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Presented by: Mike Curtis
Council Meeting Date: 12-11-2006
Agenda No. E.2
Subject: PW 2006-040 Approve Municipal Maintenance Agreement (MMA) with the
Texas Department of Transportation for Placement of Cameras on State Highway
Right-of-Way - Resolution No. 2006-102
In June, 2006, the Texas Attorney General issued on opinion on authorizing the Texas
Department of Transportation (TxDOT) to allow placement of cameras on state highway
right-of-way for monitoring compliance with traffic control devices. Automated red-light
compliance systems are one of the countermeasures used to improve intersection
safety by reducing red-light violations.
TxDOT will consider allowing cities to install red-light camera monitoring equipment at
signalized intersections located on state highway right-of-way provided the City
executes two agreements. The first agreement is called a Municipal Maintenance
Agreement (MMA) and is being considered on this agenda item and the second
agreement is called an Amendment to the MMA and is the following agenda item. The
MMA outlines the general responsibilities for both parties and the Amendment to the
MMA identifies the specific TxDOT intersections to be approved for the red light
cameras.
The attached MMA indicates that the City will be responsible for all costs associated
with the installation, maintenance and operation of the camera system, including the
necessary roadway signage and power costs. A separate electrical service and
connection will need to be provided by the City.
The installation of camera monitoring equipment at signalized intersections on the state
highway right-of-way is only available for cities with an executed MMA.
Recommendation:
To approve Resolution 2006-102.
·NRH
RESOLUTION NO. 2006-102
A RESOLUTION APPROVING THE AGREEMENT DATED DECEMBER
11, 2006, BETWEEN THE STATE OF TEXAS AND THE CITY OF
NORTH RICHlAND HillS, FOR THE MAINTENANCE, CONTROL,
SUPERVISION, AND REGULATION OF CERTAIN STATE HIGHWAYS
AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF NORTH
RICH lAND HillS; AND PROVIDING FOR THE EXECUTION OF SAID
AGREEMENT.
BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND
HillS, TEXAS:
SECTION 1. That the certain agreement dated December 11, 2006, between the State
of Texas and the City of North Richland Hills for the maintenance, control,
supervision, and regulation of certain State Highways and/or portions of
State Highways in the City of North Richland Hills be, and the same is
hereby approved; and that Larry J. Cunningham, City Manager is hereby
authorized to execute said agreement on behalf of the City of North
Richland Hills and to transmit the same to the State of Texas for
appropriate action.
. AND IT IS SO RESOLVED.
PASSED AND APPROVED this 11th day of December, 2006
CITY OF NORTH RICHlAND HillS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND lEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
e
Mike Curtis, P.E., Public Works Director
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Form 1038
(Rev. 212004)
MUNlCIP AL MAINTENANCE AGREEMENT
§
§
AGREEMENT made this day of .. 20~
the State of Texas, hereinafter æfcmd to as the "State," party of the first part. and the City of
County,
lation . 2000, Iatcst Federal Census) acting by and through its duly
ffieers, beœin.after caUcd the "City,'" party of the second part.
WITNESSETH
S, Chapter 311 of the Transportatioo Code gives the City exclusive dominion, cootrol, and
jurisdiction over and under the public streets within its corporate limits and authorizes the City to enter agreements
with the S to fix responsibilities for maintenance, control, supervision, and regulation of State highways within
and thro its corporate limits; and
IŒAS, Section 221.002 of the Transportation Code authorizes the State, at its discretion, to enter
. cities to fix responsibilitics for maintenance, control, supervision, and ægulBtion of State highways
ugh the corporate limits of such cities; and
REAS. the Executive Director, acting for and in behalf of the Texas Transportation Commission, has
made it 1m WD to the City that the State will assist the City in the maintenance and operation of State highways
within such City, conditioned that the City will enter into agreements with the State for the purpose of detennining
the rcspous· ilities ofthc parties thereto; and
IŒAS, the City has requested the State to assist in tho mainteoance and operation of State highways
within such City:
AGREEMENT
NO ,THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the
parties 0 to be by them respectively kept and performed, it is agreed as follows:
For this agræD18ot, the use of the words "State Highway" shall be construed to moan aU nwnbered
highways are part of the State's Highway System.
Page lof8
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. COVERAGE
1. This agreement is intended to cover and provide for State participation in the maintenance and operation
of the following classifications of State Highways within the City:
A. Non--ControUed Access highways or portions thereof which are desaibcd and/or graphically shown
as "State Maintained and Operated" highways in Exhibit "A," which is attached hereto and made a
part h~[
B. All State highways or portions thereof which have been designated by the Texas Transportation
Commission or maintained and operated as Controlled Access Highways and which are described
and/or graphically shown in Exhibit "B," which is attached hereto and made a part hereof:.
2. :In the event that the present system of State highways within the City is cbaaged by cancel1ati~ modified
routing. or new routes, the StBte will terminate maintenance and operation and 1bis agrcemeat will become
null and void on those ¡xrtions of the highways which are DO longer OD the State Highway System; and
the full effect and all conditiOl18 of this agreement will apply 10 the changed highways or new highways on
the State Highway System within the City; and they shall be classified as "State Maintained and Operatedt'
under paragraph 1 above, unless the execution of a new agreement on the changed or new portions of the
highways is requested by either the City or the State.
3. Exhibits that are a part of this agreement may be ßchanged with both parties' written CODCUJTeDce.
Additional exhibits may also be added with both parties' written concurrence.
GENERAL CONDITIONS
1. The City authorizes the State to maintain and operate the State highways covered by this agreement in the
manner set out herein.
·
2. This agrccmcut is betwœn the State and the City only. No person or entity may claim third party
beneficiary status UDder this COIItract or any of its provisioas. nor may any non-party sue for personal
injuries or property damage UDder this contract.
3. This agreement is for the purpose of defining the authority and responsibility of both parties for
maintenanœ and operation of State highways through the City. This agreement shall supplement any
special agreements betwœn the State and the City for the maintenance, operation, and/or construction of
the State hig1Íways covered herein, and this agreanart shall supersede any existing Mtmicipal
Maintenance Agreements.
4. Traffic ngulations, mcluding speed limits, will be established only after traffic and engineering studies
have been completed by the State and/or City and approved by the State.
Page2of8
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S. State will erect and maintain all1raff1C sigu and associated pavement markings necessary to regulate,
BOd guide traffic on State highways within tho State rigbt~f.way except as mentioned in this
ph aud elsewhere in this agreement. At the intersections of ofT-system approaches to State
ways, the City sball install and maintain all stop signs. yield signs, and one-way signs and any
stop or yield bars and pedestrian crosswalks outside the main lanes or outside the frontage roads,
if s exist. The City shall install and maintain all street name signs except for those mounted on State
tainc:d traffic signal poles or arms or special advance street name signs on State rigbt~f.way. An new
s installed by the City on State right-of..way shall meet or exceed the latest State breakaway standards
be in accordaoce with the Taar Manuo/ 011 Uniform Traffic Control Devices, latest edition aod
sion. All existing signs shall be upgraded on a maintenance replacement basis to meet these
req. ents.
6. Su' ect to approval by the State, any State highway lighting system may be installed by the City provided
the City shall pay or otherwise provide for all cost of installation, maintenance, and operation except in
tho installations specifically covered by separate agreements betMIen the City and State..
7. 111 City shall enforce the State laws governing the movement of loads which exceed the Jegallimits for
we t, length, heigb~ or width as prescribed by Chapters 621,622, and 623 ofthc Transportation Code for
pu lie highways outside corporate limits of cities. The City shall also, by ordinance/resolution and
e en~ prescribe and ,enforce lower weight limits when mutually agreed by the City and the State that
sue restrictions arc needed to avoid damage to the highway and/or for traffic safety.
8.
city shall prevent future encroachments within the right-of..way of the State highways and assist in
of my p.reøent encroø.chm8nm when requested by the State except where specifically authorized by
agreement; and prohibit the planting of trœs or shrubbery or the CJ"e8tÌon or construction of any
obstruction within the rightA()f.way without prior approval in writing ûom the State.
9.
1C çaotrol devices such as signs, traffic signals, and pavement markings. with respect to typo of device,
of installation and necessity, will be determined by traffic and engineering studies. The City shall not
~ main~ or permit the installation of any type of traffic control device whicb will affect or
the UIO of State highways unless approved in writing by the State. Traffic control devices
çd prior to the date of this agreement 81'8 hereby made subject to the terms of this agreement and the
agrees to 1he removal of sucl1 devices which affect or influence the use of State highways unless their
· ued use is approved in writing by the State. It is understood that basic approval for· future
llations oftraflic control signals by the State or as ajoint project with the City, will be indicated by the
City official'. signatwe OD the title sheet of the plms. Both parties should retain a copy of the
title sheet or a letter signed by both parties acknowledging which signalized intersections are
by this agreement. Any special n=quirements not covered within this agreement will be covered
a separate agreement.
·
construction of sidewalks, ramps or other accessibility n1ated items shall compJy with curmrt ADA
. The city is n:spoosible for the maintenance of these items.
Page 3 of8
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1.
2.
· 3.
4.
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6..
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11. If e City bas a driveway permit process that has been submitted to and approved by the S1Bte~ the City
. issue permits for access driveways on State highway routes and wilJ assure the grantee's conformance,
for proper installation and mabrteoance of access driveway facilities, wi1h either a Local Access
gement Plan that the City has adopted by ordinance and submitted to the State or, if the City has not
ad by ordinance and submitted to the State a Local Access Management Plan, the Staters "Regulations
for cccss Driveways to State Highways" and the State·s Access Management Manual. If the City does not
hav an approved city-wide driveway permit process, the State will issue access driveway pamits on State
. My routes in accordance with the City's Local Access Management Plan, adopted by city ordinance
and submitted to the State or, if 1bc City has not 8doptod by ordinanœ and submitted a Local Access
M gement p~ the State·s "Regu1ations for Access Driveways to State Highways" and the State's
A 5S Management Manual.
12.
use of unused right-of-way and areas beneath structures will be determined by a separate agreement.
OLLED ACCESS mGBWAYS
wing specific conditions and responsibilities shall be applicable to non-controlled access State
high in addition to the "General Conditions~' contained herein above. Non..controlled access State highways
or portio s thereof covered by this section arc those listed and/or graphically shown in Exhibit "A."
· tain the traveled surface and foundation beneath such traveled surface necessaJy for the proper
su port of same under vehicular loads encountered and maintain the shoulders.
ist in mowing and titter pickup to supplement City resources when requested by the City and if State
re oorees are available.
ist in sweeping and otherwise cleaning the pavement to supplement City resources when requested by
City and if State resources are available.
A ist in snow and ice control to supplement City resources when requested by the City and if State
re ourees are available.
. tain drainage facilities within the limiu of the right-of-way and State drainage easements. This does
DO relieve the City of its responsibility for drainage of the State highway facility within its corporate
. ·ts.
tal~ maintain, and operate, when required, normal regulatory, warning and guide signs and normal
. gs (except as provided under "General Conditions" in paragraph 4).. In cities with less than 50,000
ulatioo, this also includes school safety deviœa, school crosswalks, aod crosswa1b installed in
co dunction with pedestrian signal heads. This does not include other pedestrian crosswalks. Any other
c s1riping desired by the City may be placed and maintained by the City subject to written State
ap royal.
Page 4 ofB
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7.
operate, and maintain traffic signa1s in cities with less than 50,000 population.
8. In citics equal to or greater than 50,000 population, the State may provide for installation of traffic signals
cn the installation is fmanced in whole or in part with federal-aid funds if the City agrees to enter into
agreement setting forth the responsibilities of eacb party.
œibllitia (Noa-CoDtroDed Acœu)
1. hibit angle parking. except upon written ,approval by the State after traffic and engineering studies have
n conducted to determine if the State highway is of sufficient width to permit angle parking without
. g with the :&ee and safe movement of traffic.
2. I and maintain all parking restriction signs, pedestrian crosswalks [except as provided in paragraph 6
der "State's Responsibilities (Non-ControJJed Access)"], parking stripes, and special guide signs when
to in writing by the State. Cities greater than or equal to 50,000 population will also install, operate,
maintain all school safety devices and school crosswalks.
3. ing and marking of intcrsccting city streets with State highways will be the full responsibility of the
(except as provided under "GcoCral Conditions" in paraøraph 4).
4. uire installations, repairs, removals, or adjustments of publicly or privaœly owned utilities or services
to be performed in accordance with Texas Department of Transportation specifications and subject to
val of the State in writing.
S. RJ . all functions and responsibilities for maintenance and operations which are not specifically
·bed as the responsibility of the State. The assistance by the State in maintenance of drainage
ilities does not relieve the City of its responsibility for drainago of the State highway façility within its
limits exœpt where participation by the State is specifically covered in a separate agreement
een the City and the State.
6. l~ maiDtaiD, and operate aU traffic signals in cities equal to or greater than 50,000 poJm1ation. Any
v · aûons will be handled by a separate agreement. .
7.
8.
eep and otherwise clean the pavement.
9.
g specific conditions and responsibilities shall be applicable to controlled access highways úi addition
eraI Conditions" contained herein above. Controlled access State highways or portions thereof covered
on are those listed and/or graphically shown in Exhibit "B."
Page 5 ofB
.
DsibilÏfiel (ComtroUed Aceeu)
1. . tain the traveled suñace of the through lanes, ramps, and frontage roads and foundations beneath
so h 1I'aveled surface necessary for the proper support of same under vehicular loads encountered.
2. M w and clean up litter within the outermost curbs of the frontage roads or the entire right-of-way width
w ere no frontage roads exist, and assist in peñorming these operations between the right-of-way line and
tb outermost curb or crown line of the ÛOIltage roads in undeveloped areas.
3. eep and othenv1se clean the through lanes, ramps, separation structmes. or roadways and frontage
s.
.
4. ove snow and control ice on the through lanes and ramps and assist in these operations as the
. ability of equipment and labor will allow on tho frontage roads and grade separation structures or
ways.
5. pt as provided under "General Conditions" in paragraph 4, the State will install and maintain all
no markings and signs, including sign operation if applicable, on the main lanes and frontage roads.
·5 includes school safety devices, scbool crosswalks, and crosswalks installed 00 frontagc roads in
co gunction with pedestrian signal beads. It does not include other pedestrian crosswalks.
6. , operate, and maiutain 1raffiç signals &t ramps and frontage road intersections unless covered by a
te agreement.
7. M intain aU drainage facilities within the limits of the right-of-way and State drainage easements. This
d s not relieve the City of its responsibility for drainage of the highway facility within its corporate
uibilltiel (CoatroUed Access)
1.
hibit. by ordinance or resolution and through enforcement, a1l pt\rking on ûontage roads except when
leI parking on one side is approved by the State in wriûng. Prohibit aU parking on main lanes and
s and at such other places where such restriction is necessary for satisfactmy operation of traffic, by
ing and enforcing ordinances/resolutions and taking other approprÜlte action in addition to full
pliance with CUJTent laws on parking.
2. D coasidered necessary and desirable by both the City and the State, the City shall pass and enforce an
OJ inancelresolution providing for one-way traffic on the ftootage roads except as may be otherwise
to by separate ~ts with the State.
Page 6 of8
.
.
3. S or cause to be secured the approval of tile State before any utility instaJlation, repair, removal, or
ad usbneDt is undertaken, crossing over or under the highway facility or eoteriog the right-of-way. In the
tv of an emergency, it being evident that immediate action is necess&Iy for protectiou of the public and
to .. ize property damage and loss of investment, the City, without the necessity of approval by the
S œ, may at its own responsibility and risk: make neceSSaIY emergency utility repairs, notifying the . State
of . s action as soon as practical.
4. P s necessary ordinmces/resoJutions and re1ain its "'ÇOnsibility for enforcing the control of access to the
ex . rcssway/ftceway facility.
s. I and maintain all parking restriction signs, pedestrian crosswalks (except as mentioned above in
graph 5 under "State's Rmponsibilities"), and parking stripes when agreed to by the State in writing.
ing and marking of intenecting city stRets to State highways shall be the full TCSponsibility of the City
pt as discussed under "General Conditions" in paragraph 4).
. ODS of the State created herein to maintain and operate the State highways covered by this agreement
. te if and when such highways cease to be officially on the State highway system; and further,
er party fail to properly fulfill its obligations as herein outlined, the other party may terminate this
upon 30 days written notice. Upon tenniDatioo, aU m8.ÙJteD8Dçe and operation duties on non-
access State highways shall revert to City responsibilities, in accordance with Chapter 311 of the
portation Coda. Th. State shall retain all maintenance responsibilities on controlled access State
highway in accordance with the provisions of Chapter 203 of the Texas Transportation Code, 23 United States
Code § 116 and the State's Interstate Maintenance Guidelines as approved by the Fedem1 Highway Administration
in aœo ce with 23 CFR. § 635, Subpart E..
.
Said S assumption of maintenance and operations shall be effective the date of execution of this agreement
by tho T xas Department of Transportation.
Page 70f8
.
.
IN WITNESS WlŒREOJr, tho parties have hereunto affixed their signatures, the City
of OD the _ day of . 20--, and the
Texas Dept~eDt of Transportation, 011 the day of '" 20_
ATTEST:
TIlE STATE OF TEXAS
CITY OF
Executed and approved for the Texas Transportation
CommissioD for the purpose and effect of activating
and/or canying out the orders, and established policies
or work programs heretofore approved and authorized
by the Texas Transportation Commission
BY
(Title of Signing Official)
BY
District Engineer
District
.
The Texas Department of Transportation maintains the information collected through this fann. With few
exceptions, you are entitled on request to be informed about the information that we collect about you. Under
Sections S 2.021 aDd 552.023 of the Texas Government Code, you also are entitled to receive and review the
ÍDformatiOI . Under Section S~9.004 of the Government Codt\ you are also entitled to bave us correct information
about you 1J~at is inconœL For inquiries call 512-416-3048.
NOTE: lobe executed in duplicate and supporœd by Municipal Maintenance OrdinanccIResolution and City
Secretary C þ1ificate.
Page 8 or8
.
.
(Prepared by NRH GIS Dept.)
.
°NtÐRTH
ICH LAND
HILLS
0' I 1 inct) equals 4000 feet
EXHIBIT A
NON-CONTROLLED
STATE HIGHWAYS
North Richland Hills, TX
.
.
(Prepared by NRH GIS Dept.)
.
N®RTH
ICHLAND
HILLS
. t 1 Inch equals 4000 feet
c
~
"w
z
:¡
t-
(.)
Z
Õ
W
D:
Q.
.
Ø)
N
Q
C')
:Ii
u.
EXHIBIT B
CONTROLLED
STATE HIGHWAYS
North Richland Hills, TX
.
.
CITY OF
NORTH RICHLAND HILLS
Department: F ublic Works
Presented by: Mike Curtis
Council Meeting Date: 12-11-2006
Agenda No. E.3
Subject: PW 2006-039 Approve Amendment to Municipal Maintenance Agreement
(MMA) with t~ e Texas Department of Transportation for the InstaUation of Camera
Monitoring SY4þtems on State Highway Rights-of-Way and Signalized Intersections -
Resolution No. 2006-104
This second 1 xDOT agreement process is to approve an Amendment to the MMA
(Municipal Maintenance Agreement) identifying the intersections where the City would
like to install I ed light cameras. The approval of the previous item only authorizes the
City to furnish install, operate and maintain camera monitoring systems such as red
light cameras Þn state highway rights-of-way and signalized intersections, but did not
identify the loc ~tions where the City was seeking approval.
.
Generally, the Amendment is prepared on an individual location basis. In order to
expedite future installations, TxDOT staff suggested submitting all potential locations (if
known) at one time, on one amendment. By approving all possible locations at this time
it will preven1 the City from having to approve a future Amendment for future
installations. 1 xDOT will still need to approve the plans for each individual location, but
the location will not need to be formally approved or added to the agreement. The list of
potential locatipns is attached and shown as Exhibit A to the Amendment. Currently,
two locations have been designated for installation of the red-light camera equipment.
The locations 4~re IH 820/Rufe Snow Drive intersection and Davis Boulevard/Lola Drive
intersection. E ut with the approval of this Amendment, the City will receive approval for
future installations at all TxDOT intersections.
Recommendat on:
To approve Resolution No. 2006-104.
.
I
·
RESOLUTION NO. 2006-104
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HI LLS, TEXAS, THAT:
1.
That l arry J. Cunningham, City Manager, be, and is hereby authorized to
execute the 4 attached Amendment to Municipal Maintenance Agreement for the
Furnishing, Inc ~tallation, Operation and Maintenance of Camera,s on State Highway
Rights-of-way 4 as an act and deed of the City.
PASSEl D AND APPROVED this the 11th day of December, 2006.
CITY OF NORTH RICH LAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
· Patricia Hutsc n, City Secretary
APPROVED~ ~S TO FORM AND LEGALITY:
George A. Sti: ~ples, City Attorney
APPROVED~ ~S TO CONTENT:
Mike Curtis, F .E., Public Works Director
·
.
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
AMENDMENT TO MUNICIPAL MAINTENANCE AGREEMENT FOR THE
FURNISHING, INSTALLING, OPERATION AND MAINTENANCE
OF CAMERAS ON STATE HIGHWAY RIGHTS-OF-WAY TO MONITOR
COMPLIANCE WITH TRAFFIC-CONTROL SIGNALS
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation. hereinafter called the "State", and the City'of
hereinafter called the '4City" t acting by and through its duly authorized officers.
WITNESSETH
WHEREAS, the State owns and maintains a system of highways and roadways in the Cjty of
pursuant to Transportation Code, Section 201.103; and
WHEREAS, the State and the City executed a Municipal Maintenance Agreement on
; and
WH EREAS, the City has requested permission to install cameras on state highway rights-of-way to
monitor compliance with traffic-control signals, hereinafter referred to as "camera monitoring
equ ipment", at the locations listed on Exhibit A attached hereto and made a part of hereof; and
.
WHEREAS. the State has determined that when the City's installation of camera monitoring
equipment will not damage the highway facility, impair safety, impede maintenance, or in any way
restrict the operation of the highway, the proposed camera monitoring equipment may be installed
by the City or its contracto~
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto to be by them respectively kept and performed as hereinafter set
forth, it is agreed as follows:
AMENDMENT
ARTICLE 1, CONTRACT PERIOD
This amendment becomes effective on final execution by the State and shall remain in effect as
long as said camera monitoring equipment is in operation at the described locations.
ARTICLE 2. TERMINATION
This amendment may be terminated by one of the following conditions:
1) By mutual agreement of both partjes;
2) By the State giving written notice to the City as consequence of failure by the City or its
contractor to satisfactorily perform the services and obJigations set forth in this amendment.
with proper allowances being made for circumstances beyond the control of the City or its
contractor. The State's written notice to the City shall describe the default and the
proposed terminatjon date. If the City cures the default before the proposed termination
date, the proposed termination is ineffective; or
MMA Amendment
Page 1 of 4
August 24, 2006
.
.
3) By either party upon thirty (30) days written notice to the other.
Termination of this amendment shall not serve to terminate the underlying Mu nicipal Maintenance
Agreement between the State and the City.
ARTICLE 3. COMPENSATION
No compensation shall be paid for this amendment.
ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL
A. The City will use labor and supervisory personnel employed directly by the City or its
contractor, and use City owned or contractor owned machinery, equipment, and vehicles
necessary for the work. In the event that the City or its contractor does not have the machinery,
equipment, and vehicles necessary to perform the work, the machinery, equipment, and
vehicles may be rented or leased as necessary.
B. No reimbursement shall be paid for any materials supplied by the City or its contractor.
C. Any adjustment, replacement, or reinstallation of the camera monitoring equipment due to
reconstruction or alteration of the intersection shall be performed by the City at the City's
expense. The State will work with the City to provide adequate notice of any planned work to
allow for the necessary modification or removal.
D. All installation or maintenance work performed by the City or its contractor requiring traffic
control shall be performed in accordance with the Texas Manual on Uniform Traffic Control
Devices.
.
ARTICLE 5. INSPECTION OF WORK
A. The City or its contractor will furnish the State a complete set of design drawings and
instaHation plans for review. The installation plans shall include all electrical, electronics,
signing, civil and mechanical work pertaining to the camera monitoring equipment.
8. The State reserves the right to inspect and request modification of any camera monitoring
equipment under this agreement both prior to and after installation. No installation may occur
until the State has approved the proposed installation.
C. The State reserves the right to inspect and approve the completed installation.
D. The State wHl promptly notify the City or its contractor of any faiJure of materials. equipment, or
instaUation methods, and the City or its contractor will take such measures necessary to obtain
acceptabte systems components and installation procedures wjthout delay.
ARTICLE 6. RESPONSIBiliTIES OF THE PARTIES
The parties agree that neither party is an agent, servant, or employee of the other party and each
party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its
contractors, employees. representativest and agents. The State shall not be held responsible for
the operation (or non-operation) of the camera monitoring equjpment or for any effect it may have.
The City is responsible for any damage that may occur to state equipment during the installation,
majntenance or operation of the camera monitoring equipment. The City is responsibte for
maintaining the camera monitoring equ ipment and related signing in good working order and
keeping such equipment free from graffiti.
ARTICLE 7. DE-ACTIVATION OF CAMERA MONITORING EQUIPMENT
The State reserves the right to disconnect and remove camera monitoring equipment from the
traffic signals should any probrem arise affecting the State. The State will notify the appropriate
MMA Amendment
Page 2 of 4
August 24, 2006
.
.
City office of the de-activation of the camera monitoring equipment. Upon correction of the
problem, the City may reconnect the camera monitoring equipment.
ARTICLE 8. INSTALLATION REQUIREMENTS
The City or its contractor shan furnish and install all equjpment related to the camera monitoring
equipment installation. This includes. but is not limited to, camera equipment. camera housing
and supporting structure, intersection lighting, vehicle detection system, communications
equipment, electrical service and connections, roadway signing, and any Interconnection with the
signal. The City or its contractor wiIJ be responsible for all power costs associated with the
operation of the camera monitorjng equipment.
Electrical connections made to the State's signal equipment shall be optically or otherwise isolated
as approved by the State and shall not affect the operation of any component of the traffic signal
system including both the signal controller and the conflict monitor/malfunction management unit.
ARTICLE 9. REPORTS
Upon written request, the City will be required to supply the State with data related to the operation
of the camera monitoring equipment.
ARTICLE 10. REMEDIES
Violation or breach of contract terms by the City shaU be grounds for termination of the
amendment, and any increased cost arising from the City default, breach of contract. or violation
of terms shall be paid for by the City. This amendment shan not be considered as specifying the
exclusive remedy for default, but all remedies existing at law and in equjty may be avaHed of by
either party and shaU be cumulative.
.
ARTICLE 11. INSURANCE
Before beginnjng work, the entity performing the work shall provide the State with a fully executed
copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the
amounts and types specified on the Certificate of Insurance for all persons and entities working on
State right of way. This coverage shall be maintained until all work on the State right of way is
complete. If coverage is not maintained, all work on State right of way shall cease immediately.
ARTICLE 12. SUCCESSORS AND ASSIGNS
The City shall not assign or otherwise transfer its rights or obligations under thjs amendment
except with the prior written consent of the State.
ARTICLE 13. LEGAL CONSTRUCTION
In case anyone or more of the provisions contained in this agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, such invalidity. illegality, or unenforceability
shall not affect any other provision thereof and this amendment shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein.
MMA Amendment
Page 3 of 4
August 24, 2006
.
·
ARTICLE 14. NOTICES
All notices to ejther party by the other required under this amendment shan be delivered personally
or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following
respective addresses:
C ¡tV:
State:
All notices shaU be deemed given on the date so delivered or so deposited in the mail. unless
otherwise provided herein. Either party hereto may change the above address by sending written
notice of such change to the other in the manner provided herein.
ARTICLE 15. GOVERNING LAWS AND VENUE
This amendment shall be construed under and in accordance with the laws of the State of Texas.
Any legal actions regard ing the parties' obligations under this agreement must be filed in Travis
County, Texas.
·
ARTICLE 16. PRIOR AGREEMENTS SUPERSEDED
This amendment constitutes the sole and only agreement of the parties hereto and supersedes
any prior understandings or written or oral agreements between the parties respecting within the
subject matter.
ARTICLE 17. REVISIONS TO EXHIBIT A
Revision to the locations listed in Exhibit A may be made if submitted in writing by the City and
initialed by both parties.
IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of this
agreement.
THE CITY OF
Executed on behalf of the City by:
By
Date
Typed or Printed Name and Title
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved and authorized by the Texas Transportation Commission.
By
District Engineer
MMA Amendment
Date
Page 4 of 4
August 24, 2006
·
.
EXHIBIT "A"
LOCATIONS FOR POTENTIAL CAMERA MONITORING EQUIPMENT
State Hiahwav 26
Boulevard 26
· Rufe Snow Drive
· Vance Road
· Glenview Drive
· Road to the Mall
· Rodger Line Drive
· Northeast Loop 820
· FM 1938/Bedford Euless Road
· Strummer Drive
· Harwood Road
· Tarrant County College Access
· Walker Boulevard/Cannon Drive
.
FM 1938
Davis Boulevard
· Maplewood Drive
· Harwood Road/Lola Drive
· Emerald Hills Way
· College Circle
· Bridge Street
· Mid-Cities Boulevard
· Main Street
· Starnes Road/Rumfield Road
· Shadywood Lane
· Bursey Road (future traffic signal installation)
· North Tarrant Parkway
· Super Target Access
· FM 3029 (Precinct Line Road)
FM 3029
Precinct Line Road
· Mid-Cities Boulevard
· Martin Road
· Glade Road
· Amundson Road (future traffic signal installation)
· Rumfield Road (future traffic signal installation)
· North Tarrant Parkway
.
Northeast LOOD 820
· Holiday Lane
· Rufe Snow Drive
·
·
·
Department: City Secretary
Presented by:
Subject: GENERAL ITEMS
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 12-11-2006
Agenda No. F.O
CITY OF
NORTH RICHLAND HILLS
.
Department: Planning and Inspections
Presented by: Scott Turnage
Council Meeting Date: 12-11-2006
Agenda No. F.1
Subject: GN 2006-113 Consideration of Amending Chapter 106 of the General Code of
Ordinances by Revising the Sign Regulations - Ordinance No. 2916
For several months staff has been tracking potential updates to the Sign Ordinance
such as reflecting changes in Federal and State law and including the City's revised
sight visibility triangles. It was felt that the major foundation and objectives of the
Ordinance are still relevant to Council Goals and ideals, but some modifications needed
to be reviewed to consider possible updating. With this in mind, Mayor Trevino
appointed a "Focus Group" on Signs in early October made up of Scott Turnage,
Council Place 6, Suzy Compton, Council Place 3 and Kathy Luppy, Chair of the Keep
NRH Beautiful Committee to review the existing sign ordinance and recommend
necessary changes.
The Sign Ordinance Focus Group met four times in October to review and receive input
from staff and local business leaders. Eight local businesses were invited to a meeting
on October 25 to voice comments/ideas and review the current sign ordinance.
Changes were recommended and a final review meeting was held on December 4th to
review recommendations.
'. The Sign Ordinance Focus Group also established primary objectives in reviewing the
sign ordinance. These objectives included:
a. allowing for proper and effective identification of local businesses
b. enhancement of traffic safety
c. conformance with state and federal laws
d. encouraging the removal of illegal and obsolete signs
e. promoting an attractive community
Following is an outline of specific recommended changes based on the primary
objectives:
A. Identification of Local Businesses
· Allowing separate pole signs for pre-owned dealerships on freeway
· Larger monument signs for shared and multi-tenant businesses
· Allowing more internal directional signs
· New blade signs under canopies and awnings
· Allowing 2 portable signs per business per year
· Allowing 5 portable signs per non-profit event
· Allowing 6 special events per year for freeway businesses and large centers
· Allowing names and logos on light pole banners on freeway and large centers
.
B. Traffic Safety
.
.
.
· Increasing setbacks for signs from intersections and
Driveways
· Electronic Messages limited to 5 second intervals
· Eliminating electronic messages away from the freeway
C. Conform to State and Federal Laws
· No political signs allowed on federal, state or local government property
· Allowing sign variances as part of planned development site plans
· Removing outdated section on obsolete signs
· Enforcing state regulations requiring one or two vear timeframe to remove
abandoned or obsolete sians (exempting multi-tenant non-conforming pole and
monument signs)
D. Removal of Illegal and Obsolete Signs
· Illegal Portable Signs - Verbal notice and 24 hour notification (then abatement or
impoundment by city)
· Illegal Permanent Signs - 10 day written notice (citations to follow)
· Signs in right of way - removed without notice
· Obsolete signs - offer to remove obsolete pole signs at City's expense - follow
through with state regulations for 1 or 2 year removal
E. Promoting an Attractive Community
· 100 foot spacing of Pole Signs on freeway
· Electronic Messages limited to 5 second intervals
· Eliminating electronic messages away from the freeway
· Requiring vehicles with signs to be relocated every 24 hours
Requiring trailer advertising to be 65 feet from adjacent streets
Scott Turnage was elected as the chair of the Sign Ordinance Focus Group and he will
be making a power point presentation regarding the proposed sign ordinance revisions.
During Councilman Turnage's presentation he may be assisted in the presentation by
other members of the Focus Group and possibly some of the business representatives
who participated in this review and discussion.
Staff has included a marked up copy of the proposed changes to the Sign Ordinance.
The text in "red" represents proposed new changes and the "strikeouts" indicate
those sections that have been eliminated from the ordinance. The proposed sign
ordinance revisions are changes to Chapter 106 of the Code of General Ordinances.
This proposed revision does not require a public hearing.
Recommendation: To approve Ordinance No. 2916 revising the sign regulations in
Chapter 106 of the Code of General Ordinances.
.
.
.
Recommended Changes to Sign Ordinance
By Sign Ordinance Focus Group
Sec. 106-2. Definitions.
All definitions of words contained in this chapter shall correspond with the most
appropriate definitions appearing in the Webster's New Collegiate Dictionary, unless specifically
defined in this section. For purposes of the regulations of this chapter, the following words,
terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Awning means an architectural projection, which provides weather protection, identity
or decoration, and is supported by the building to which it is attached. It is composed of a
lightweight rigid or retractable skeleton structure over which another cover is attached which
may be of fabric or other materials, and may be illuminated. Sign text and logos on awnings are
included in the wall signage area, but only the area of the sign, not the entire awning.
Banner sign means a temporary sign which is painted or printed on a strip of cloth,
canvas, or other flexible material with or without frames.
Billboard sign means an outdoor advertising structure which advertises a use, product,
or service not necessarily found on the premises. A billboard sign is also known as an off-site
advertisi ng sig n.
Building official means the administrative official charged with responsibility of
enforcing and interpreting this chapter.
Building sign means a permanent sign that has its supporting structure depending on
a building for support and includes wall signs, canopy signs, projections signs and outdoor
menu board signs.
Canopy sign means a permanent sign which is attached to a fuel station canopy.
Community event means an event that is sponsored by a nonprofit organization as
defined by section 503(c) of the United States Internal Revenue Code, as amended, and formed
for the use, benefit and enjoyment of its members to achieve religious, recreational, charitable,
municipal or educational pursuits.
Electronic message board means a sign utilizing a fixed light source to provide a
message in text, pictures or symbols that may appear to move or may appear as an on/off
message.
Flag means a piece of cloth, usually rectangular, of distinctive color and design, used
as a symbol, a standard, a signal, or an emblem.
Freeway overlay zone means the zone located within an area 200 feet from and
parallel to the right-of-way of I.H. Loop 820 and State Highway 121.
Ground sign means a permanent sign that has its supporting structure depending on
the ground for attachment and includes pole signs, monument signs, outdoor menu message
boards, electronic message boards and traffic directional signs.
Illumination means, for the purposes of these regulations, as follows:
(1) Internal lighting. A source of illumination entirely within the sign which makes the
contents of the sign visible at night by means of the light being transmitted through a translucent
material but wherein the source of the illumination is not visible.
(2) Internal-indirect lighting. A source of illumination entirely within the sign (generally a
freestanding letter) which makes the sign visible at night by means of lighting the background
upon which the freestanding character is mounted. The character itself shall be opaque, and
thus will be silhouetted against the background. The source of the illumination shall not be
visible.
.
.
.
(3) Indirect lighting. A source of external illumination located a distance away from the sign,
but designed specifically to illuminate the sign, when it is not visible to persons viewing the sign
from any normal position of view.
Incidental signs means a permanent sign that has a purpose secondary to the use of
the property that provides information rather than advertising. Examples of such signs are traffic
directional signs interior to the lot, "employee only parking," "loading zone only," "truck traffic
only" signs. Incidental signs on windows may include credit card logos and hours of operation.
Light pole banner sign means a temporary sign which is painted or printed on a strip
of all weather cloth, canvas, or other flexible material which is designed or manufactured for
outdoor use mounted on a light pole on private property. The sign material shall be secured in
such a manner to render the sign stationary.
Lot means land, including a tract, plat, or parcel, occupied or intended for occupancy by
a use permitted in the city's zoning chapter (chapter 118), and usually having its principal
frontage upon a street or upon an officially approved place.
Lot width means the minimum width of a lot measured at the front building line or chord
length when the front of the lot is curved.
Major development sign means a permanent ground sign that provides advertising
media for certain sized multi-tenant developments.
Monument sign means a permanent ground sign generally constructed out of brick,
stone or cast concrete material supported on concrete foundation across the entire base of the
structure and which may have an open space between the bottom of the sign and the ground
which does not exceed one foot.
Non-conforming sign means a sign which although not meeting current ordinance
requirements met all ordinance requirements at the same location and time it was erected,
painted or placed and at all times it was thereafter altered.
Obsolete sign means a sign that advertises or identifies a business, product or service
that is no longer in existence at that location.
Off-premises sign means a sign displaying advertising copy that pertains to a
business, person, organization, activity, event, place, service, or product which is not principally
located or primarily manufactured or sold on the premises on which the sign is located.
On-premises sign means a sign identifying or advertising a business, person, or
activity, and installed and maintained on the same premises as the business, person, or
activity.
Outdoor menu board means a permanent ground sign or wall sign that provides an
itemized listing of menu items and prices for food service establishments.
Permanent sign means any sign other than temporary or portable signs defined in this
section.
Pole sign means a permanent ground sign that is supported totally from the ground.
The message area is located on top of the support structures.
Portable sign means those signs that are not firmly attached to the ground, a building,
or other structure, and those that can be easily moved or carried about and reused numerous
times at different locations. Determination by the building official or his designated
representative as to whether any sign is portable shall be controlling.
Projection sign means a permanent wall sign that is mounted to the exterior wall of a
building and that is mounted perpendicular to the wall of the building.
Roof sign means any sign erected and constructed wholly on and over the roof of a
building, supported by the roof structure, and usually extending vertically above the highest
portion of the roof.
Sign me3ns 3 displ3yed ~tructure be3ring lettering, symbol~ or logo~, genor311y used to
identify or :1dvertise :1 pl:1ce of business, product or service 10c:1ted or otmred on the premises.
Distinctive colors (exceeding 15 percent of :1ny f:1c3de ele\':1tion), sh:1pes or im:1ges 'Nhich
.
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promote the product or business sh:111 constitute :1 sign. ThiG m:1Y include bright colors, lightG,
dr3wings or gr3phics. (Ex3mple: bright orange mini\A~3rehouses.) The determin3tion of ':.'h3t
constitutes 3 sign Sh311 be m3de by the building offici31. ^ny :1ppoal of the building offici31's
decision sh:111 be m3de to the sign re'.'ie':J b03rd.
Sign means an outdoor structure, sign, display, light device, figure, painting, drawing,
message, plaque, poster, billboard, or other thing that is designed, intended, or used to
advertise or inform.
Sign area means the total area within the extreme perimeter of the attraction area
intended to draw attention to the sign. Exception: Monument signs.
Sign height means the vertical distance measured from natural grade to the top of the
sign, measured at its highest point above ground level. For purposes of measurement, the
natural grade shall be the elevation created by the undisturbed existing grade, or by normal site
grading, when creating a development site. It shall not include any super elevation treatment.
Sign rider means an attachment to a real estate sign "detailing" certain features of the
property, such as "Four Bedroom," "Pool," "Game Room," or the agent's name.
Temporary sign means any sign, banner, pennant, valance or advertising display
constructed of cloth, canvas, light fabric, cardboard, wallboard or other like material, with or
without frames, and any type sign not permanently attached to the ground, wall or building,
intended to be displayed for a short period of time only.
Traffic directional sign means any sign used only to control and direct traffic into or on
private property, e.g., "ENTER" or "EXIT."
Wall sign means a sign painted on or attached to the wall surface of a building.
Wall surface means the general outer surface of any main exterior wall of the building
or structure not including cornices, bay windows, or other ornamental trim.
106-3. General Regulations.
The following general regulations shall be applicable to all signs erected within the corporate
limits of the city. Where a conflict may exist between a general provision and a specific
regulation, the specific regulation shall have priority over the general provision.
Exception 1: Signs specifically approved by the City Council as part of a commercial planned
development or planned re-development
Exception 2: Signs installed and maintained by the City
(1) Compliance required. No person shall erect, alter, or add to a sign, or sign structure,
unless said sign conforms to the provisions contained in this chapter. Compliance is required
whether or not a permit is required.
(2) Sign area. The sign area permitted in these regulations shall apply to the maximum size of
a single sign face. However, when the two faces of a sign are separated by an angle of 20
degrees or more, the maximum sign area shall be the total of all nonparallel sign faces.
(3) Construction standards.
a. The construction of all signs shall comply with the structural requirements of the city building
code and the most recent edition of the International Building Code, as adopted by the city. Any
electrical installations shall comply with the city electrical code.
b. All freestanding sign structures, excluding traffic directional signs, shall be constructed with,
or covered with the masonry material to match the masonry portion of the principal building, or
shall be constructed of brick or stone.
c. No permanent wood signs shall be allowed.
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d. All sign structures shall be painted or anodized to blend with the architecture. Exposed
metal surfaces that are subject to rust or corrosion are prohibited.
(4) Engineering requirements. Where required, the construction plans shall be signed and
sealed by a professional engineer registered in the state.
(5) Interference with safety provisions. No sign shall be erected in such a manner that any
portion of its surface or supports will interfere in any way with the free use of any fire escape,
exit, standpipe, or window, or obstruct any required ventilator or door stairway.
(6) Minimum street frontage. A minimum of 50 feet of qualified street frontage shall be
required to erect a ground sign.
(7) Landscaping required. All ground signs, except traffic control and direction signs, shall be
located in a landscaped setting which minimally consists of turf plant material, in all directions
from the sign for a distance equal to a minimum of 4 1/2 feet from the base of the sign. Ground
type outdoor menu board signs and monument signs shall be required to have landscaping on
only two sides.
(8) Encroachment. A permanent sign shall not be constructed within or project over any
property line, right-of-way line, public drainage easement, public or private utility easement
without an encroachment letter which has been approved by the public works department.
(9) Memorial and historical signs. The sign review committee may authorize special permits,
on such terms as deemed appropriate, for signs and markers denoting properties or buildings
which may have historical or memorial significance to the community.
(10) Community special events. The sign review committee may authorize signs to advertise
patriotic, special events or special projects of general public interest taking place within the
boundaries of the city.
(11) Lighting. Where provided for in these regulations, certain signs may be illuminated.
Illumination may be internal, internal-indirect, or indirect, as defined elsewhere in these
regulations. All electrical facilities shall require separate electrical permits and shall be installed
in accordance with the city electrical code. Lighting shall be installed so as to avoid any glare or
reflection onto adjacent property, or create a traffic hazard on a street. Illuminated signs situated
within 100 feet of residentially zoned property shall be shielded to minimize glare.
(12) Freeway overlay zone. There shall be a freeway overlay zone located within an area 200
feet from and parallel to the right of way of I. H. Loop 820 and State Highway 121. A pole or
electronic message board sign within the freeway overlay zone shall comply with the following
additional regulations:
a. Maximum pole and electronic message boards sign height: A pole sign or electronic
message board sign located within the freeway overlay zone shall not exceed 65 feet in
height.
b. One pole sign shall be allowed per platted lot which must be separated by a minimum of 100
feet from existing pole signs located on adjacent lots.
c. Maximum pole and electronic message board sign area: The maximum size of a pole sign
or electronic message board sign located within the freeway overlay zone shall be two
square feet of sign area for each linear foot of freeway frontage up to a maximum of 400
square feet. Electronic message boards may not contain displays which reproduce a sense
of motion that may cause an undue distraction to motorists, and may not change displays or
flash at frequencies more than once every five seconds. Lettering or images that blink,
flash, fly or chase into view of the electronic display shall be prohibited.
d. Any pole sign or electronic message board sign located on the property of a public school,
private school, government entity or other nonprofit organization that is used to provide
public service information of a general nature to the community may have a commercial
sponsorship message on the sign. The commercial sponsorship message is limited to ten
percent of the total sign area.
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e. One pole sign or monument sign shall be allowed for each separate auto dealership located
within the freeway overlay district, but may not exceed one sign for each 150 linear feet of
qualified street frontage, or fraction thereof. Auto dealership signs shall aM be subject to
the applicable provisions of the pole or monument sign regulations. A pre-owned
automobile dealership and each new automobile make offered for sale shall constitute
separate dealerships for the purposes of this section.
(13) Visibility triangles. No fence, screening wall, billboard, sign, structure, hedge, tree, or
shrub shall be erected, planted or maintained in such a manner so as to obstruct or interfere
with a clear line of sight for the drivers of approaching motor vehicles within a visibility sight
triangle. Within this triangle, vision shall be clear at elevations between 30 inches and nine feet
above the average curb grade. The placement of utility poles or traffic control devices shall be
regulated by the public works director.
a. Street intersections.
1. On corner lots where two residential streets intersect or 'lJhere ::1 residenti::11 street
intersects '.\'ith ::1 C 2 U collector street, or l::1rger, the triangular area shall be formed by
tho gre::1ter of either:
i. Extonding the two curb lines from ::1n im::1gin::1F)' point of intersection 3 dist3nce of 30
connecting these points \\'ith ::1n im::1gin::1ry line, thereby m::1king ::1 tri::1ngle; or
fh extending the property lines, from their point of intersection, a distance of 15 ~ feet
and connecting these points with an imaginary line, thereby making a triangle.
2. On corner lots where any combination of twe residential, C-2-U, C-4-U and larger
collector streets intersect, or 'I.'here ::1 C 2 U collector street intersects v/ith ::1 C -1 U
collector street, or l::1rger, the triangular area shall be formed by the gro::1ter of either:
i. Extending tho wo curb lines from 3n im::1gin3ry point of intersection 3 dist3nce of 35
foet ::1nd connecting these point~ 'J:ith ::1n im::1gin3r)' line, thereby making ::1 tri::1ngle; or
ih extending the property lines, from their point of intersection, a distance of 70 feet in
the directions of approaching (perpendicular) traffic and 15 ~ feet in the direction
parallel to the approach of the intersection and connecting these points with an
imaginary line, thereby making a triangle.
3. On corner lots vi'here 1\\'0 C -1 U collector streets, or l::1rger, intersect, the tri3ngular 3re3
sh::111 be formed by the gre::1ter of either:
i. Extending tho ~'o curb lines from 3n im3gin::1ry point of intersection a distance of 10
feet 3nd connecting these points v:ith ::1n im3gin3F)' line, thereby making a triangle; or
ii. Extending the property lines, from their point of intersection, 3 distance of 20 feet 3nd
connecting these points '.\'ith ::1n im::1gin::1r)' line, thereby m::1king ::1 tri::1ngle.
34. In cases where streets do not intersect at approximately right angles, the public
works director shall have the authority to vary these requirements as deemed necessary
to provide safety for both vehicular and pedestrian traffic.
b. Driveway visibility triangles for commercial driveways.
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No sign, including the pole of a sign, shall be erected or maintained in such a manner so as
to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles
within a visibility triangle located on each side of a commercial driveway which intersects
with a public street right-of-way or public access easement. The triangular area shall be
formed by extending from the imaginary intersection point of the street right-of-way line with
the edge of the driveway a distance of 50 feet in the directions of approaching
(perpendicular) traffic in relationship to the intersection; and 15 feet in the direction parallel
to the approach of the intersection; and connecting these points with an imaginary line,
thereby making a triangle. Within this triangle, vision shall be clear at elevations between 30
inches and nine feet above the average curb grade. Where a driveway intersects with a one-
way street, a visibility triangle is only required on the oncoming traffic side of such driveway,
unless traffic safety considerations dictate otherwise.
Sec. 106-6(2)g (remove section)
g. The :1pplic:1nt sh:111 P:1Y :1 deposit in the :1mount est:1blished in the fee ordin:1nce '¡.'hen the
permit :1pplic:1tion is filed. The deposit m:1Y be :1pplied to the permit 'Nhen the permit is
secured. If the permit is not secured, the deposit sh:111 be considered :1 pl:1n revie'.v foe :1nd
is nonrefundable.
Sec. 106-8. Administration and enforcement.
For purposes of the regulations of this chapter, the enforcement provisions contained in this
section shall apply to the sign regulations. Any violation of these regulations is subject to the
provisions of the penalty clause contained herein.
(1) Notification of violation - When any permanent sign is constructed, erected, altered, or
maintained in violation of these regulations, the property owner, management and/or tenant
shall be given written notice to remove or alter the structure so as to comply with the standards
set forth in these regulations. as folloVJs: When any temporary or portable sign is installed on
private or public property in violation of these regulations, verbal notice of violation may be given
in person to a violator.
a. When written notice is utilized, the property owner, his agent, and/or the tenant shall be
served with a written notice that states the violation and requires compliance with this
chapter not more than ten days from the date the notice is served. The notice may be
served by handing it to the property owner, agent, or tenant, in person, or by depositing the
same in the United States mail, addressed to the property owner at the owner's address as
shown on the most current tax roll of the city, or the tenant as shown on the utility billing
records of the city. If the owner or tenant cannot be found, or if the notice is refused, or if the
notice is returned by the United States Postal Service, then the owner may be notified as
follows:
1. Posting the notice on or near the front door of each building on the premises where
the violation exists at least ten days prior to further action; or
2. Posting the notice on a placard attached to a stake driven into the ground on the
premises where the violation exists at least ten days prior to further action.
b. When verbal notice is utilized, the property owner, his agent, and/or the tenant shall be
notified of the violation and instructed to correct or abate the violation within twenty-four (24)
.
hours. Failure to correct or abate such violation shall be considered a violation of this
ordinance and eligible for citations.
c. If such person, firm or corporation fails or refuses to comply with the provisions of this
ch3pter section within the specified period following notification, the same shall be
considered to be in violation of and subject to fine and penalty as provided for in this
chapter.
106-8(3) Illegal signs.
a. Signs which are erected in the public right-of-way in violation of this chapter, may be
removed 3S may be 3uthorized by the city m3n3ger without notice.
b. The building official or his designee is authorized to abate and/or impound any temporary or
portable sign that is in violation of these regulations if not abated by the property owner and/or
the sign owner within 24 hours after verbal notice has been given.
106-8(4) On-premises sign maintenance.
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a. Signs and sign structures, including those existing prior to this chapter, shall be maintained
at all times in a state of good repair, safe and secure condition, with all braces, bolts, slips,
supporting frame and fastenings free from deterioration, termite infestation, rot, rust or
loosening, and able to withstand at all times the wind pressure for which they were originally
designed.
b. Sign supports, structures and faces of all exterior surfaces that are covered with paint shall
be regularly painted to prevent rusting, peeling or blistering surfaces.
c. Any sign or sign support which varies, leans or lists 15 degrees or more from horizontal or
vertical original design (unless approved as part of the original design) shall be considered as
requiring maintenance, and shall be repaired or removed by the owner.
d. All obsolete signs lottoring must be removed '.A.'ithin 30 days of the sign becoming obsolete.
In the case of a p3inted sign, it shall be painted o'.'er, in the case of an internally lit sign, a bl3nk
p3nel £h311 be in£t3I1ed, 3nd in the C3se of 3pplied letter£ or other m3teri31, thoy sh311 be
removed. For purposes of this ch3pter, obsolete signs include 3ny sign that ad'.'ertises a
bu£ine£s th3t is not in oper3tion on the premi£os.
e d. At no time shall a sign's internal lighting or structure be exposed unless it is actively under
repair.
f. ,^,ny sign 'A'hich the building offici31 determine£ no longer servos 3 bon3 fide uso
conforming to this ch3pter, sh311 bo remo'.'ed by tho O\A.'ner, 3gent or person h3\'ing the
bonofici31 use of the 13nd, buildings or structure upon 'IJhich the sign is loc3ted \Aw'ithin 15 d3YS
after '.vritten notific3tion to do so from the building offici3!. Upon bilure to comply '.vith such
notice, the building offici31 i£ hereby 3uthorizod to C3u£e the remo\'31 of £uch £ign, 3nd 3ny
expense incident thereto sh311 be p3id by the owner of the 13nd, building or structure to \\'hich
such £ign i£ 3tt3ched or upon VJhich it is erocted.
. Sec. 106-10. Nonconforming signs. Miscellaneous Regulations
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(3) Do fin ition s. Tho follo'J:ing words, torms 3nd phr3ses, '.vhon used in this section, Sh311 ha'Je the
me3nings 3scribed to them in this subsection, except ,..¡hare tho context clearly indicates a
differont m03ning:
Off pr{)misos sign m03ns 3 sign di£pl3ying 3d\"orti£ing copy th3t port3in£ to 3 busino£s, porson,
org3niz3tion, 3ctivity, event, pl3ce, sarvice, or product not princip311y loc3ted or prim3rily
m3nuf3ctured or sold on the premises on v:hich the sign is located.
On p.r'om.isos s.ïgn me3ns 3 freest3nding sign idontifying or 3d'Jertising 3 busine£s, person, or
3ctivity, 3nd in£t3l1od 3nd m3int3inod on tho S3mo premi£os 3£ tho busino£s, por£on, or
3ctivity.
S.ïgn me3ns 3n outdoor structure, sign, displ3Y, light device, figure, p3inting, dr3'.ving, mess3ge,
pl3que, poster, billbo3rd, or other thing th3t is designed, intended, or used to ad'Jertise or
inform.
(a)-(b} Signs erected in violation of law. Any sign erected or placed in violation of a city ordinance
or regulation applicable at the time of its erection shall be deemed to constitute a violation
of this section and shall be removed upon notification to the owner of the premises where
it is located. Failure to remove such sign after notice shall constitute a violation of this
section.
(b) W Destroyed signs. Signs which do not comply with current sign ordinances of the city must, if
damaged or destroyed, so that the cost of repairing such sign is more than 60 percent of
the cost of erecting a new sign of the same type at the same location, shall be removed
upon notice. Failure to remove such a sign shall constitute a violation of this section.
(c) ~ Abandoned on-premises signs.
(1) On-premises signs identifying or advertising a business shall be removed within 30
days following the first anniversary of the date on which the business, person or
activity identified or advertised by such sign or sign structure ceases to operate on
the premises where the sign or sign structure is located; provided, however, that if
the premises containing the sign is leased, such removal shall be required within 30
days following the second anniversary of the date the most recent tenant ceases to
operate on the premises. Failure to remove as required shall constitute a violation of
this section.
(2) On-premises signs or sign structures advertising or identifying a person, activity or
business which ceases to operate on the premises shall not be altered to advertise
another person, activity or business unless such sign as altered shall conform to the
city's sign regulations including, but not limited to, size, height, and location.
(d) (0) Otho.r nonconform.ing s.igns. Nonconforming Signs.
(1) Sign panels may be replaced in multi-tenant non-conforming pole and monument
signs as changes in tenants occur as long as no other structural changes are made
to the sign.
(2) All other permanent signs which do not comply with current sign regulations shall
be entitled to remain unless required to be relocated, reconstructed or removed in
compliance with V.T.C.A., Local Government Code § 216.001--216.015.
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Sec. 106-12. Electronic message boards.
Electronic message boards within the freeway overlay zone shall be subject to specific
regulations for the freeway overlay zone. Electronic message boards located outside the
freeway overlay zone are prohibited. shall comply '.vith the follo'J.'ing regulations:
(1) The maximum area is limited to 10 square feet.
(2) The sign message is noncommercial and is limited to general public inform3tion.
(3) The m3ximum 13mp ':.(att3ge shall not exceed 10 \\(atts.
(1) Commercial sign sponsorship may be affixed to the sign. The m3ximum area of the
comp3ny n3me 3ndJor logo is limited to 3 m3ximum of ten percent of the sign aroa.
(5) Electronic mess3ge b03rds not meeting these criteria may be 3110v.(ed only upon appro'/31
of 3 specific use permit.
(Code 1975, § 19 1.'2 12)
Sec. 106-13(a)(2)c Nonresidential monument and multifamily monument signs
c. Non-residential monument and multi-family monument signs.
1. Number allowed. A maximum of one monument sign per street frontage per lot shall be
permitted.
2. Maximum area. The maximum area for a monument sign shall be 50 square feet for
sign message area and 75 feet for sign structure area. The maximum area of a
monument sign serving a multi-tenant property shall be 75 square feet for sign message
area and 100 square feet for sign structure area when the following conditions are met:
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a. The multi-tenant property contains a minimum of 2 acres
b. The multi-tenant property has a minimum of 150 feet of street frontage
c. The multi-tenant property serves a minimum of 6 tenants
3. Maximum height. The maximum height for a monument sign shall be seven feet. The
maximum height for a monument sign serving a multi-tenant property meeting items 2-a
thru 2-c of this section shall be eight feet six inches (8'-6").
4. Spacing. A nonresidential monument sign shall be a minimum of 100 feet from another
nonresidential monument sign, pole sign, or major development sign situated on the
same lot.
5. Changeable message boards. A nonresidential monument sign may contain a
changeable message board that utilizes changeable letters. The area of a message
board shall be included in calculating the total sign area.
6. Lighting. Monument signs may be illuminated only by internal lighting for scripted
nonferrous panels or by a ground lighting source where the light and fixture are not
visible from a public right-of-way.
7. Shared off-premise monument signs. In office parks and other similar uses where
individual buildings are located on separate lots, but within the same development,
shared off-premise monument signs may be allowed under the following conditions:
a. A shared off-premise sign may not be located on a vacant lot or parcel.
b. The owner(s) of all properties desiring to install a shared off-premise monument sign
must provide a copy of a notarized "unity" agreement which has been filed of record
with Tarrant County Deed Records that notifies the building official that the subject
properties are to be considered a single parcel.
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c. A shared off-premise monument sign shall adhere to the same requirements of other
non-residential monument signs, however, they may not exceed a maximum height
of seven feet (7'-0") or exceed a maximum area of 75 square feet.
d. A parcel or lot that contains an existing monument sign shall not be granted an
additional off-premise monument sign.
e. A shared off-premise monument sign shall not be considered a bonus sign.
106-13(a)(5) Traffic Directional Signs
(5) Traffic directional signs. The purpose of a traffic directional sign is to aid vehicular traffic into
or out of a business establishment by identifying only the vehicle entrances or exits. Traffic
directional signs shall comply with the following regulations:
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a. Generally.
1. ^ permit Sh311 not be required for:) tr:)ffic direction:)1 sign.
1. Traffic directional signs shall be allowed in zoning districts shown in section 106-9,
Table of Permitted Signs.
2. Only two traffic directional signs may be allowed f9ç at each public street drive
approach. Each sign must be either an "entrance" or an "exit" labeled sign, and/or
may contain an arrow guiding the proper direction.
3. A traffic directional sign shall not exceed two square feet in area with a maximum
height of thirty (30) inches.
4. Traffic directional signs may include a company name and logo.
5. A traffic directional sign may be internally illuminated.
6. Traffic directional signs shall be located on private property.
7. Portable and temporary signs shall be prohibited.
8. Traffic directional signs shall be permanently installed on a concrete footing or other
approved foundation system with above grade bases or pedestals consisting of
decorative concrete, masonry, plastic, or metal finishes.
9. Interior traffic directional signs on sites having combined building areas greater than
200,000 square feet may be exempt from the above requirements with approval of
the Sign Review Committee."
106-13(b)(3) Projection Signs
(3) Projection signs. A projection sign is a sign in which the message area is perpendicular to
the wall of the building. Projection signs shall comply with the following regulations:
a. Projection signs may be allowed in zoning districts shown in section 106-9, Table of
Permitted Signs.
b. One projection sign may be allowed for each single tenant building or for each tenant in
a multi-occupancy structure. However, no single tenant building or single tenant
storefront shall have a projection sign in combination with a wall sign, roof sign, or
canopy sign.
c. A projection sign shall not exceed 25 square feet. The plane of the message area shall
not exceed 18 inches from the plane of the message area on the opposite side of the
sign. '
d. Projection signs shall not project over any property line or right-of-way line.
e. A projection sign shall not project more than four feet from any wall surface and shall not
extend above the apparent roofline of the building.
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f. Every projection sign shall be a minimum of eight feet above the grade over a
pedestrian walking area or 14 feet over a vehicular maneuvering area.
g. A projection sign may be illuminated.
h. Provided the above requirements are met, an additional projection sign (commonly
referred to as a "blade sign") may be installed beneath a canopy or awning of a main
entrance to a single tenant building, or each tenant store front, that does not exceed a
maximum area of six square feet and has a vertical dimension of no greater than 12
inches.
106-13(c)(2) Vehicle Advertising
(2) Vehicle advertising.
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a. It shall be unlawful to attach any sign to or upon any vehicle, trailer, skid or similar
mobile structure where the primary use is to provide a base for the sign itself and where
the vehicle is allowed to remain parked along a right-of-way in the same location or in
the same vicinity at frequent or extended periods of time exceeding twenty-four (24)
hours.
b. Vehicles whose primary use is the regular delivery of goods or services may have such
goods and services advertised upon the vehicle, provided that the owner can
demonstrate, through a log or other documentation made contemporaneously with the
vehicle usage, that the primary use of the vehicle is the regular delivery of goods or
services.
c. Signs shall be permanently attached to the vehicle in a professional manner by being
painted, adhered, bolted, screwed or magnetically affixed. No sign or advertising
structure shall be erected or attached to any vehicle except for those signs which are
painted directly or mounted flush to the surface or mounted directly on the roof of the
vehicle. No roof-mounted signs shall project more than 12 inches above the roof of the
vehicle or the bed of a pickup truck.
d. Banners or signs made of cloth or other light materials, secured with rubber, rope, string,
tape or other similar adhesives shall be prohibited for vehicular advertising.
e. Vehicle advertising affixed to a vehicle which has been altered for purposes of
circumventing these regulations shall be prohibited.
f. Vehicles that are inoperable, that are not properly licensed and/or are currently not
registered shall not be used, parked or stored in a manner to provide advertising.
g. Trailers displaying advertising shall be required to be stored more than 65 feet from a
public right of way. In addition, trailers displaying advertising shall be required to be
stored no more than 100 feet from the building within which the business that is being
advertised on the trailer is located.
106-13(c)3 Portable signs.
a. A permit shall be required for every portable sign. Nonprofit organizations, including
community events will not be charged a permit fee.
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b. All applications for a portable sign permit shall be accompanied by a refundable deposit per
sign as established in appendix A of this Code. The director of finance shall review all fees
annually and adjust fees by the increase in the DFW Consumer Price Index for the
preceding 12 months as established by the U.S. Department of Commerce. The deposit will
be refunded to the applicant once the portable sign has been removed and an affidavit
attesting to the removal of the sign is filed with the 'city. If the applicant fails to provide such
.
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an affidavit within five days of the expiration of the permit, the deposit will be forfeited to the
city .
c. Portable signs shall be allowed in zoning districts shown in section 106-9, Table of
Permitted Signs, subject to the following additional restrictions:
1. Portable signs utilized by nonprofit organizations or for community events shall be
allowed in all zoning districts; however, within residential zoning districts, signs may only
be located on a collector or arterial street.
2. Portable signs utilized to advertise "for profit" activities may be located in nonresidential
districts only.
d. A portable sign may be erected or placed to advertise a business, industry or pursuit, but
only on the premises on which the referenced business, industry or pursuit is conducted and
only when a certificate of occupancy has been previously issued by the building official.
e. Portable signs to advertise community events may be located off-premises from the location
of the event.
f. A portable sign may be erected for a maximum period of ten days.
g. The number of allowable portable sign permits shall be as follows:
1. One grand opening portable sign permit may be issued to a business during the tenure
of the business at the same location.
2. In addition to the one-time grand opening permit, a maximum of ooe two portable sign
permits may be issued to a business for advertising purposes each calendar year
provided a minimum of 90 days separates the two permits.
3. Each non-profit organizational event or community event shall be permitted to obtain five
portable signs permits per event, not to exceed five events per year. A minimum of 30
days must separate each event.
h. The portable sign structure must be removed from the view of adjacent public rights of way
upon expiration of the permit. Removal of the letters from the signboard does not constitute
removal of the sign.
i. A portable sign shall not exceed 50 square feet in area.
j. A portable sign shall not be erected or placed in any location that constitutes a safety or
traffic hazard.
k. A portable sign shall not be erected or placed in a fire zone, fire lane, handicap parking area
or required loading zone.
I. A portable sign shall not be placed in any location that blocks the view of any ground sign.
m. A portable sign shall be placed a minimum of ten feet from any property line.
n. A portable sign shall be a minimum of 100 feet from another portable sign situated on the
same lot.
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o. A portable sign shall bear the company name, address and telephone number of the owner
of the sign which shall be the same information as shown on the contractor registration on
file with the city. Any sign not containing current information shall be declared an illegal sign.
p. Portable signs shall not be illuminated.
q. Portable signs shall be kept painted and in good repair. No portion of a portable sign shall
have missing or damaged faces. Portable signs shall be maintained structurally and shall
be mechanically sound and free from broken, bent, or otherwise damaged components.
Signs found to be in other than good repair shall be immediately removed by the business
owner upon notice of the building official or his designee.
1 06-13(c)(6) Political Signs
(6) Political signs.
a. A political sign is a sign that contains primarily a political message, has an effective
area of 36 square feet or less, is no more than eight feet in height, is not illuminated, and
has no moving elements.
b. No permit shall be required for any political sign as defined in a. above.
c. Political signs shall be allowed in all zoning districts on private property with the
consent of the property owner.
d. Political signs shall not be located on any utility, light, traffic signal or sign pole.
e. Political signs shall be allowed for a period of 30 days prior to local or county
elections, 60 days prior to a state election, and 90 days prior to a national election. All
political signs shall be removed no later than seven days after the election or after the
termination of candidacy, whichever comes first.
f. Signs with primarily political messages which do not meet the definition of a. above
shall not be allowed unless with a permit subject to other sign requirements.
g. Political signs shall not be located so as to cause a safety or traffic hazard. Signs
within public right of way which, in the opinion of the director of public works or his
designee constitute a safety or traffic hazard may be relocated if feasible or removed
without prior notice, pursuant to written guidelines to be developed by the director of
public works and filed with this chapter.
h. A political sign shall not be illuminated or projected.
i. Political signs shall not be placed on public property or within any federal, state or
local public right of way, except that political signs less than three feet in height and with
no more than six square feet of sign face on any side may be placed in public right of
way, other than a median, with no portion of such sign closer than three feet from the
back of the curb, or, if no curb, from the edge of the pavement of streets classified by the
city's thoroughfare plan as arterial P6D, M6D, M4D, P7U, M5U or M4U or collectors
classified as C4U or C2U as long as such sign is not placed in right of way adjacent to
.
.
.
an occupied residence or adjacent to publicly owned land other than a road. No sign
shall be placed within 30 feet of an identical sign. Signs shall not extend over the
sidewalk or street.
106-13(c)(12) Light pole banner signs.
a. A permit shall be required for light pole banner signs.
b. Light pole banner signs shall be allowed in zoning districts shown in section 106-9, Table of
Permitted Signs.
c. A single permit may be issued for multiple light pole banner signs, a number which must be
specified on the permit application.
d. A light pole banner sign shall not exceed 32 square feet in size.
e. Light pole banner signs shall not project above the maximum height of the pole.
f. Light pole banner signs shall be kept in good repair and remain securely attached in such a
manner to withstand wind loads in accordance with the International Building Code.
g. Light pole banner signs shall not be displayed for a period to exceed 60 days; nor shall a
permit for light pole banner signs be issued for the same property more than three times
within a one-year period.
a. The primary message displayed on light pole banner signs may be seasonal in nature and
without the use of words describing a product company name or logo. Light pole banner
signs located on the following sites shall not be displayed for a period to exceed 180 days;
may contain the name of the company, services, and/or its logos; and shall include the
same name and logo on all displayed banners. Light pole banner signs shall not advertise
individual products:
(1) A development on a single platted lot that contains one (1) or more multi-occupancy
buildings having two hundred thousand (200,000) square feet or more in combined floor
area, or
(2) A development of two (2) or more contiguous and adjacent lots that contains one (1) or
more multi-occupancy buildings having two hundred thousand (200,000) square feet or
more in combined area, or
(3) A single business located on one or more contiguous and adjacent platted lots
containing a minimum of five (5) acres within the freeway overlay district.
106-13(c)(13) Temporary Sales Events within the Freeway Overlay Zone.
a. Except for temporary uses allowed by City Code Section118-715, displays associated
with temporary sales events such as tethered balloons, inflatable figurines or structures,
banners and similar elements, are limited to those locations indicated below:
(1) A development on a single platted lot that contains one (1) or more multi-occupancy
buildings having two hundred thousand (200,000) square feet or more in combined
floor area, or
.
(2) A development of two (2) or more contiguous and adjacent lots that contains one (1) or
more multi-occupancy buildings having two hundred thousand (200,000) square feet or
more in combined area, or
(3) A single business located on one or more contiguous and adjacent platted lots
containing a minimum of five (5) acres within the freeway overlay district.
b. A permit shall be required for each temporary sales event intending to display one or more
tethered balloons, inflatables, banners, or similar element. Each temporary sales event
shall pay a fee of $100.
c. No more than six (6) temporary sales events may be permitted per calendar year for a
period not to exceed ten (10) days per event. Each temporary sales event intending to
display one or more tethered balloons, inflatables, banners, or similar elements must be
separated by a period of no less than thirty (30) days.
d. No more than four, or a combination thereof, of tethered balloons, inflatables, banners, or
similar elements shall be displayed per event.
e. Tethered balloons and inflatable signs shall meet the following standards:
1.
2.
3.
. 4.
5.
When placed on a building they may not exceed 25 feet in height above the roof of the
building and shall not obstruct visibility necessary for safe traffic maneuvering.
When placed on the ground they may not exceed 25 feet in height above the ground
level and shall not obstruct visibility necessary for safe traffic maneuvering.
Shall maintain a setback from any side or rear property line a minimum distance equal to
the height of the balloon and shall not overhang a federal, state, or local thoroughfare.
Shall maintain five feet of clearance from any overhead electrical wire.
Shall be kept in good repair and remain securely attached in such a manner to withstand
wind loads.
f. Inflatable figurines and structures shall be properly anchored. When in use, power supplies
to inflation devices shall be protected with Ground-Fault Circuit Interrupters (GFCI).
Approved extension cords supplying power to the inflation devices must be adequately
protected from damage by vehicle and pedestrian traffic.
g. Search lights and laser beam-type lighting are prohibited.
.
.
ORDINANCE NO. 2916
AN ORDINANCE AMENDING CHAPTER 106 OF THE NORTH
RICHLAND HILLS CODE OF ORDINANCES AND THE SIGN
REGULATIONS OF THE CITY; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas (the "City") is a home rule city acting
under its charter adopted by the electorate pursuant to Article XI, Section 5, of the
Texas Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council having previously adopted a sign· ordinance wishes to
amend certain sections thereof; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1: That Section 106-2 of the North Richland Hills Code of Ordinances be
amended to read as follows:
.
"Sec. 106-2. Definitions.
All definitions of words contained in this chapter shall correspond with the most
appropriate definitions appearing in the Webster's New Collegiate Dictionary, unless
specifically defined in this section. For purposes of the regulations of this chapter, the
following words, terms and phrases, when .used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
Awning means an architectural projection, which provides weather protection, identity or
decoration, and is supported by the building to which it is attached. It is composed of a
lightweight rigid or retractable skeleton structure over which another cover is attached
which may be of fabric or other materials, and may be illuminated. Sign text and logos
on awnings are included in the wall signage area, but only the area of the sign, not the
entire awning.
Banner sign means a temporary sign which is painted or printed on a strip of cloth,
canvas, or other flexible material with or without frames~
Billboard sign means an outdoor advertising structure which advertises a use, product,
or service not necessarily found on the premises. A billboard sign is also known as an
off-site advertising sign.
.
.
Building official means the administrative official charged with responsibility of enforcing
and interpreting this chapter.
Building sign means a permanent sign that has its supporting structure depending on a
building for support and includes wall signs, canopy signs, projections signs and
outdoor menu board signs.
Canopy sign means a permanent sign which is attached to a fuel station canopy.
Community event means an event that is sponsored by a nonprofit organization as
defined by section 503(c) of the United States Internal Revenue Code, as amended,
and formed for the use, benefit and enjoyment of its members to achieve religious,
recreational, charitable, municipal or educational pursuits.
Electronic message board means a sign utilizing a fixed light source to provide a
message in text, pictures or symbols that may appear to move or may appear as an
on/off message.
Flag means a piece of cloth, usually rectangular, of distinctive color and design, used as
a symbol, a standard, a signal, or an emblem.
.
Freeway overlay zone means the zone located within an area 200 feet from and parallel
to the right-of-way of I.H. Loop 820 and State Highway 121.
Ground sign means a permanent sign that has its supporting structure depending on the
ground for attachment and includes pole signs, monument signs, outdoor menu
message boards, electronic message boards and traffic directional signs.
Illumination means, for the purposes of these regulations, as follows:
(1) Internal lighting. A source of illumination entirely within the sign which makes
the contents of the sign visible at night by means of the light being transmitted
through a translucent material but wherein the source of the illumination is not
visible.
(2) Internal-indirect lighting. A source of illumination entirely within the sign
(generally a freestanding letter) which makes the sign visible at night by means
of lighting the background upon which the freestanding character is mounted.
The character itself'shall be opaque, and thus will be silhouetted against the
background. The source of the illumination shall not be visible.
(3) Indirect lighting. A source of external illumination located a distance away
from the sign, but designed specifically to illuminate the sign, when it is not
visible to persons viewing the sign from any normal position of view.
.
.
Incidental signs means a permanent sign that has a purpose secondary to the use of
the property that provides information rather than advertising. Examples of such signs
are traffic directional signs interior to the lot, "employee only parking," "loading zone
only," "truck traffic only" signs. Incidental signs on windows may include credit card
logos and hours of operation.
Light pole banner sign means a temporary sign which is painted or printed on a strip of
all weather cloth, canvas, or other flexible material which is designed or manufactured
for outdoor use mounted on a light pole on private property. The sign material shall be
secured in such a manner to render the sign stationary.
Lot means land, including a tract, plat, or parcel, occupied or intended for occupancy by
a use permitted in the city's zoning chapter (chapter 118), and usually having its
principal frontage upon a street or upon an officially approved place.
Lot width means the minimum width of a lot measured at the front building line or chord
length when the front of the lot is curved.
Major development sign means a permanent ground sign that provides advertising
media for certain sized multi-tenant developments.
.
Monument sign means a permanent ground sign generally constructed out of brick,
stone or cast concrete material supported on concrete foundation across the entire base
of the structure and which may have an open space between the bottom of the sign and
the ground which does not exceed one foot.
Non-conforming sign means a sign which although not meeting current ordinance
requirements met all ordinance requirements at the same location and time it was
erected, painted or placed and at all times it was thereafter altered.
Obsolete sign means a sign that advertises or identifies a business, product or service
that is no longer in existence at that location.
Off-premises sign means a sign displaying advertising copy that pertains to a business,
person, organization, activity, event, place, service, or product which is not principally
located or primarily manufactured or sold on the premises on which the sign is located.
On-premises sign means a sign identifying or advertising a business, person, or activity,
and installed and maintained on the same premises as the business, person, or
activity.
Outdoor menu board means a permanent ground sign or wall sign that provides an
itemized listing of menu items and prices for food service establishments.
Permanent sign means any sign other than temporary or portable signs defined in this
section.
.
.
Pole sign means a permanent ground sign that is supported totally from the ground. The
message area is located on top of the support structures.
Portable sign means those signs that are not firmly attached to the ground, a building,
or other structure, and those that can be easily moved or carried about and reused
numerous times at different locations. Determination by the building official or his
designated representative as to whether any sign is portable shall be controlling.
Projection sign means a permanent wall sign that is mounted to the exterior wall of a
building and that is mounted perpendicular to the wall of the building.
Roof sign means any sign erected and constructed wholly on and over the roof of a
building, supported by the roof structure, and usually extending vertically above the
highest portion of the roof.
Sign means an outdoor structure, sign, display, light device, figure, painting, drawing,
message, plaque, poster, billboard, or other thing that is designed, intended, or used to
advertise or inform.
Sign area means the total area within the extreme perimeter of the attraction area
intended to draw attention to the sign. Exception: Monument signs.
.
Sign height means the vertical distance measured from natural grade to the top of the
sign, measured at its highest point above ground level. For purposes of measurement,
the natural grade shall be the elevation created by the undisturbed existing grade, or by
normal site grading, when creating a development site. It shall not include any super
elevation treatment.
Sign rider means an attachment to a real estate sign "detailing" certain "features of the
property, such as "Four Bedroom," "Pool," "Game Room," or the agent's name.
Temporary sign means any sign, banner, pennant, valance or advertising display
constructed of cloth, canvas, light fabric, cardboard, wallboard or other like material,
with or without frames, and any type sign not permanently attached to the ground, wall
or building, intended to be displayed for a short period of time only.
Traffic directional sign means any sign used only to control and direct traffic into or on
private property, e.g., "ENTER" or "EXIT."
Wall sign means a sign painted on or attached to the wall surface of a building.
Wall surface means the general outer surface of any main exterior wall of the building or
structure not including cornices, bay windows, or other ornamental trim.
Section 2: That Section 106-3 of the North Richland Hills Code of Ordinances be
amended to read as follows:
.
.
"106-3. General Regulations.
The following general regulations shall be applicable to all signs erected within the
corporate limits of the city. Where a conflict may exist between a general provision and
a specific regulation, the specific regulation shall have priority over the general
provision.
Exception 1: Signs specifically approved by the City Council as part of a commercial
planned development or planned re-development
Exception 2: Signs installed and maintained by the City.
(1) Compliance required. No person shall erect, alter, or add to a sign, or sign
structure, unless said sign conforms to the provisions contained in this chapter.
Compliance is required whether or not a permit is required.
(2) Sign area. The sign area permitted in these regulations shall apply to the
maximum size of a single sign face. However, when the two faces of a sign are
separated by an angle of 20 degrees or more, the maximum sign area shall be the total
of all nonparallel sign faces.
.
(3) Construction standards.
a. The construction of all signs shall comply with the structural requirements of the city
building code and the most recent edition of the International Building Code, as adopted
by the city. Any electrical installations shall comply with the city electrical code.
b. All freestanding sign structures, excluding traffic directional signs, shall be
constructed with, or covered with the masonry material to match the masonry portion of
the principal building, or shall be constructed of brick or stone.
c. No permanent wood signs shall be allowed.
d. All sign structures shall be painted or anodized to blend with tha architecture.
Exposed metal surfaces that are subject to rust or corrosion are prohibited.
(4) Engineering requirements. Where required, the construction plans shall be signed
and sealed by a professional engineer registered in the state.
(5) Interference with safety provisions. No sign shall be erected in such a manner that
any portion of its surface or supports will interfere in any way with the free use of any
fire escape, exit, standpipe, or window, or obstruct any required ventilator or door
stairway.
.
.
(6) Minimum street frontage. A minimum of 50 feet of qualified street frontage shall be
required to erect a ground sign.
(7) Landscaping required. All ground signs, except traffic control and direction signs,
shall be located in a landscaped setting which minimally consists of turf plant material,
in all directions from the sign for a distance equal to a minimum of 4 1/2 feet from the
base of the sign. Ground type outdoor menu board signs and monument signs shall be
required to have landscaping on only two sides.
(8) Encroachment. A permanent sign shall not be constructed within or project over
any property line, right-of-way line, public drainage easement, public or private utility
easement without an encroachment letter which has been approved by the public works
department.
(9) Memorial and historical signs. The sign review committee may authorize special
permits, on such terms as deemed appropriate, for signs and markers denoting
properties or buildings which may have historical or memorial significance to the
community.
(10) Community special events. The sign review committee may authorize signs to
advertise patriotic, special events or special projects of general public interest taking
place within the boundaries of the city.
.
(11) Lighting. Where provided for in these regulations, certain signs may be
illuminated. Illumination may be internal, internal-indirect, or indirect, as defined
elsewhere in these regulations. All electrical facilities shall require separate electrical
permits and shall be installed in accordance with the city electrical code. Lighting shall
be installed so as to avoid any glare or reflection onto adjacent property, or create a
traffic hazard on a street. Illuminated signs situated within 100 feet of residentially zoned
property shall be shielded to minimize glare.
(12) Freeway overlay zone. There shall be a freeway overlay zone located within an
area 200 feet from and parallel to the right of way of I.H. Loop 820 and State Highway
121. A pole or electronic message board sign within the freeway overlay zone shall
comply with the following additional regulations:
a. Maximum pole and electronic message boards sign height: A pole sign or electronic
message board sign located within the freeway overlay zone shall not exceed 65
feet in height.
b. One pole sign shall be allowed per platted lot which must be separated by a
minimum of 100 feet from existing pole signs located on adjacent lots.
c. Maximum pole and electronic message board sign area: The maximum size of a
pole sign or electronic message board sign located within the freeway overlay zone
shall be two square feet of sign area for each linear foot of freeway frontage up to a
.
.
maximum of 400 square feet. Electronic message boards may not contain displays
which reproduce a sense of motion that may cause an undue distraction to
motorists, and may not change displays or flash at frequencies more than once
every five seconds. Lettering or images that blink, flash, fly or chase into view of the
electronic display shall be prohibited.
d. Any pole sign or electronic message board sign located on the property of a public
school, private school, government entity or other nonprofit organization that is used
to provide public service information of a general nature to the community may have
a commercial sponsorship message on the sign. The commercial sponsorship
message is limited to ten percent of the total sign area.
e. One pole sign or monument sign shall be allowed for each separate auto dealership
located within the freeway overlay district, but may not exceed one sign for each 150
linear feet of qualified street frontage, or fraction thereof. Auto dealership signs shall
be subject to the applicable provisions of the pole or monument sign regulations. A
pre-owned automobile dealership and each new automobile make offered for sale
shall constitute separate dealerships for the purposes of this section.
.
(13) Visibility triangles. No fence, screening wall, billboard, sign, structure, hedge,
tree, or shrub shall be erected, planted or maintained in such a manner so as to
obstruct or interfere with a clear line of sight for the drivers of approaching motor
vehicles within a visibility sight triangle. Within this triangle, vision shall be clear at
elevations between 30 inches and nine feet above the average curb grade. The
placement of utility poles or traffic control devices shall be regulated by the public works
director.
a. Street intersections.
1. On corner lots where two residential streets the triangular area shall be
formed by extending the property lines, from their point of intersection, a
distance of 15 feet and connecting these points with an imaginary line,
thereby making a triangle.
2. On corner lots where any combination of residential, C-2-U, C-4-U and larger
collector streets intersect the triangular area shall be formed by extending the
property lines, from their point of intersection, a distance of 70 feet in the
directions of approaching (perpendicular) traffic and 15 feet in the direction
parallel to the approach of the intersection and connecting these points with
an imaginary line, thereby making a triangle.
3. In cases where streets do not intersect at approximately right angles, the
public works director shall have the authority to vary these requirements as
deemed necessary to provide safety for both vehicular and pedestrian traffic.
c. Driveway visibility triangles for commercial driveways.
.
.
No sign, including the pole of a sign, shall be erected or maintained in such a
manner so as to obstruct or interfere with a clear line of sight for the drivers of
approaching motor vehicles within a visibility triangle located on each side of a
commercial driveway which intersects with a public street right-of-way or public
access easement. The triangular area shall be formed by extending from the
imaginary intersection point of the street right-of-way line with the edge of the
driveway a distance of 50 feet in the directions of approaching (perpendicular) traffic
in relationship to the intersection; and 15 feet in the direction parallel to the approach
of the intersection; and connecting these points with an imaginary line, thereby
making a triangle. Within this triangle, vision shall be clear at elevations between 30
inches and nine feet above the average curb grade. Where a driveway intersects
with a one-way street, a visibility triangle is only required on the oncoming traffic side
of such driveway, unless traffic safety considerations dictate otherwise."
Section 3: That Section 106-6(2)g of the North Richland Hills Code of Ordinances be
deleted.
Section 4: That Section 106-8(1) of the North Richland Hills Code of Ordinances be
amended to read as follows:
"Sec. 106-8. Administration and enforcement.
.
(1) Notification of violation - When any permanent sign is constructed,
erected, altered, or maintained in violation of these regulations, the property
owner, management and/or tenant shall be given written notice to remove or alter
the structure so as to comply with the standards set forth in these regulations.
When any temporary or portable sign is installed on private or public property in
violation of these regulations, verbal notice of violation may be given in person to
a violator.
a. When written notice is utilized, the property owner, his agent, and/or the tenant
shall be served with a written notice that states the violation and requires compliance
with this chapter not more than ten days from the date the notice is served. The notice
may be served by handing it to the property owner, agent, or tenant, in person, or by
depositing the same in the United States mail, addressed to the property owner at the
owner's address as shown on the most current tax roll of the city, or the tenant as
shown on the utility billing records of the city. If the owner or tenant cannot be found, or
if the notice is refused, or if the notice is returned by the United States Postal Service,
then the owner may be notified as follows:
1. Posting the notice on or near the front door of each building on the
premises where the violation exists at least ten days prior to further action; or
.
.
.
.
2. Posting the notice on a placard attached to a stake driven into the ground
on the premises where the violation exists at least ten days prior to further action.
b. When verbal notice is utilized, the property owner, his agent, and/or the tenant
shall be notified of the violation and instructed to correct or abate the violation within
twenty-four (24) hours. Failure to correct or abate such violation shall be considered a
violation of this ordinance and eligible for citations.
c. If such person, firm or corporation fails or refuses to comply with the provisions of
this section within the specified period following notification, the same shall be
considered to be in violation of and subject to fine and penalty as provided for in this
chapter. "
Section 5: That Section 106-8(3) of the North Richland Hills Code of Ordinances be
amended to read as follows:
"106-8(3) Illegal signs.
a. Signs which are erected in the public right-of-way in violation of this chapter, may
be removed without notice.
b. The building official or his designee is authorized to abate and/or impound any
temporary or portable sign that is in violation of these regulations if not abated by the
property owner and/or the sign owner within 24 hours after verbal notice has been
given."
Section 6: That Section 106-8(4) of the North Richland Hills Code of Ordinances be
amended to read as follows:
"106-8(4) On-premises sign maintenance.
a. Signs and sign structures, including those existing prior to this chapter, shall be
maintained at all times in a state of good repair, safe and secure condition, with all
braces, bolts, slips, supporting frame and fastenings free from deterioration, termite
infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for
which they were originally designed.
b. Sign supports, structures and faces of all exterior surfaces that are covered with
paint shall be regularly painted to prevent rusting, peeling or blistering surfaces.
c. Any sign or sign support which varies, leans or lists 15 degrees or more from
horizontal or vertical original design (unless approved as part of the original design)
shall be considered as requiring maintenance, and shall be repaired or removed by the
owner.
.
.
.
d. At no time shall a sign's internal lighting or structure be exposed unless it is
actively under repair."
Section 7: That Section 106-10 of the North Richland Hills Code of Ordinances be
amended to read as follows:
"Sec. 106-10. Miscellaneous Regulations
(a) Signs erected in violation of law. Any sign erected or placed in violation of a city
ordinance or regulation applicable at the time of its erection shall be deemed to
constitute a violation of this section and shall be removed upon notification to the owner
of the premises where it is located. Failure to remove such sign after notice shall
constitute a violation of this section.
(b) Destroyed signs. Signs which do not comply with current sign ordinances of the
city must, if damaged or destroyed, so that the cost of repairing such sign is more than
60 percent of the cost of erecting a new sign of the same type at the same location,
shall be removed upon notice. Failure to remove such a sign shall constitute a violation
of this section.
(c)
Abandoned on-premises signs.
(1) On-premises signs identifying or advertising a business shall be removed
within 30 days following the first anniversary of the date on which the business,
person or activity identified or advertised by such sign or sign structure ceases to
operate on the premises where the sign or 'sign structure is located; provided,
however, that if the premises containing the sign is leased, such removal shall be
required within 30 days following the second anniversary of the date the most
recent tenant ceases to operate on the premises. Failure to remove as required
shall constitute a violation of this section.
(2) On-premises signs or sign structures advertising or identifying a person,
activity or business which ceases to operate on the premises shall not be altered
to advertise another person, activity or business unless such sign as altered shall
conform to the city's sign regulations including, but not limited to, size, height,
and location.
(d) Nonconforming Signs.
(1) Sign panels may be replaced in multi-tenant non-conforming pole and
monument signs as changes in tenants occur as long as no other
structural changes are made to the sign.
(2) All other permanent signs which do not comply with current sign
regulations shall be entitled to remain unless required to be relocated,
reconstructed or removed in compliance with V.T.C.A., Local Government
Code § 216.001--216.015."
.
.
.
Section 8: That Section 106-12 of the North Richland Hills Code of Ordinances be
amended to read as follows:
"Sec. 106-12. Electronic message boards.
Electronic message boards within the freeway overlay zone shall be subject to specific
regulations for the freeway overlay zone. Electronic message boards located outside
the freeway overlay zone are prohibited."
Section 9: That Section 1 06-13(a)2c of the North Richland Hills Code of Ordinances be
amended to read as follows:
"106-13 Sign Height, Area and Construction and Placement Standards.
(a) Ground Signs Generally
(2) Monument Signs
c. Non-residential monument and multi-family monument signs.
1 .
Number allowed. A maximum of one monument sign per street frontage
per lot shall be permitted.
2. Maximum area. The maximum area for a monument sign shall be 50
square feet for sign message area and 75 feet for sign structure area.
The maximum area of a monument sign serving a multi-tenant property
shall be 75 square feet for sign message area and 100 square feet for
sign structure area when the following conditions are met:
a. The multi-tenant property contains a minimum of 2 acres
b. The multi-tenant property has a minimum of 150 feet of street
frontage
c. The multi-tenant property serves a minimum of 6 tenants
3. Maximum height. The maximum height for a monument sign shall be
seven feet. The maximum height for a monument sign serving a multi-
tenant property meeting items 2-a thru 2-c of this section shall be eight
feet six inches (8'6").
.
4.
Spacing. A nonresidential monument sign shall be a minimum of 100 feet
from another nonresidential monument sign, pole sign, or major
development sign situated on the same lot.
5. Changeable message boards. A nonresidential monument sign may
contain a changeable message board that utilizes changeable letters. The
area of a message board shall be included in calculating the total sign
area.
6. Lighting. Monument signs may be illuminated only by internal lighting for
scripted nonferrous panels or by a ground lighting source where the light
and fixture are not visible from a public right-of-way.
7. Shared off-premise monument signs. In office parks and other similar
uses where individual buildings are located on separate lots, but within the
same development, shared off-premise monument signs may be allowed
under the following conditions:
a. A shared off-premise sign may not be located on a vacant lot or parcel.
.
b. The owner(s) of all properties desiring to install a shared off-premise
monument sign must provide a copy of a notarized "unity" agreement
which has been filed of record with Tarrant County Deed Records that
notifies the building official that the subject properties are to be considered
a single parcel.
c. A shared off-premise monument sign shall adhere to the same
requirements of other non-residential monument signs, however, they may .
not exceed a maximum height of seven feet (7') or exceed a maximum
area of 75 square feet.
d. A parcel or lot that contains an existing monument sign shall not be
granted an additional off-premise monument sign.
e. A shared off-premise monument sign shall not be considered a bonus
sign."
Section 10: That Section 106-13(a)(5) of the North Richland Hills Code of Ordinances
be amended to read as follows:
"106-13 Sign Height, Area and Construction and Placement Standards.
(a) Ground Signs Generally
.
.
(5)
Traffic directional signs. The purpose of a traffic directional sign is to aid
vehicular traffic into or out of a business establishment by identifying only
the vehicle entrances or exits. Traffic directional signs shall comply with
the following regulations:
a. Generally.
1. Traffic directional signs shall be allowed in zoning districts shown in section
106-9, Table of Permitted Signs.
4.
. 5.
6.
7.
8.
1. Traffic directional signs shall be allowed in zoning districts
shown in section 106-9, Table of Permitted Signs.
2. Only two traffic directional signs may be allowed at each
public street drive approach. Each sign must be either an
"entrance" or an "exit" labeled sign, and/or may contain an arrow
guiding the proper direction.
3. A traffic directional sign shall not exceed two square feet in
area with a maximum height of thirty (30) inches.
Traffic directional signs may include a company name or logo.
A traffic directional s,ign may be internally illuminated.
Traffic directional signs shall be located on private property.
Portable and temporary signs shall be prohibited.
Traffic directional signs shall be permanently installed on a
concrete footing or other approved foundation system with
above grade bases or pedestals consisting of decorative
concrete, masonry, plastic, or metal finishes.
9. Interior traffic directional signs on sites having combined
building areas greater than 200,000 square feet may be
exempt from the above requirements with approval of the Sign
Review Committee."
Section 11: That Section 1 06-13(b)(3). of the North Richland Hills Code of Ordinances
be amended to read as follows:
"106-13 Sign Height, Area and Construction and Placement Standards.
.
.
(b) Building signs
(3) Projection signs. A projection sign is a sign in which the message area is
perpendicular to the wall of the building. Projection signs shall comply with
the following regulations:
a. Projection signs may be allowed in zoning districts shown in section
106-9, Table of Permitted Signs.
b. One projection sign may be allowed for each single tenant building
or for each tenant in a multi-occupancy structure. However, no
single tenant building or single tenant storefront shall have a
projection sign in combination with a wall sign, roof sign, or canopy
sign.
c. A projection sign shall not exceed 25 square feet. The plane of the
message area shall not exceed 18 inches from the plane of the
message area on the opposite side of the sign.
.
d.
Projection signs shall not project over any property line or right-of-
way line.
e. A projection sign shall not project more than four feet from any wall
surface and shall not extend above the apparent roofline of the
building.
f. Every projection sign shall be a minimum of eight feet above the
grade over a pedestrian walking area or 14 feet over a vehicular
maneuvering area.
g. A projection sign may be illuminated.
h. Provided the above requirements are met, an additional projection
sign (commonly referred to as a "blade sign") may be installed
beneath a canopy or awning of a main entrance to a single tenant
building, or each tenant store front, that does not exceed a
maximum area of six square feet and has a vertical dimension of no
greater than 12 inches."
Section 12: That Section 106-13(c)(2) of the North Richland Hills Code of Ordinances
be amended to read as follows:
.
"106-13 Sign Height, Area and Construction and Placement Standards
.
(c) Temporary signs
(2) Vehicle advertising.
a. It shall be unlawful to attach any sign to or upon any vehicle,
trailer, skid or similar mobile structure where the primary use is to
provide a base for the sign itself and where the vehicle ,is allowed to
remain parked along a right-of-way in the same location or in the
same vicinity at frequent or extended periods of time exceeding
twenty-four (24) hours.
b. Vehicles whose primary use is the regular delivery of goods or
services may have such goods and services advertised upon the
vehicle, provided that the owner can demonstrate, through a log or
other documentation made contemporaneously with the vehicle
usage, that the primary use of the vehicle is the regular delivery of
goods or services.
.
c. Signs shall be permanently attached to the vehicle in a
professional manner by being painted, adhered, bolted, screwed or
magnetically affixed. No sign or advertising structure shall be
erected or attached to any vehicle except for those signs which are
painted directly or mounted flush to the surface or mounted directly
on the roof of the vehicle. No roof-mounted signs shall project more
than 12 inches above the roof of the vehicle or the bed of a pickup
truck.
d. Banners or signs made of cloth or other light materials, secured
with rubber, rope, string, tape or other similar adhesives shall be
prohibited for vehicular advertising.
e. Vehicle advertising affixed to a vehicle which has been altered
for purposes of circumventing these regulations shall be prohibited.
f. Vehicles that are inoperable, that are not properly licensed
and/or are currently not registered shall not be used, parked or
stored in a manner to provide advertising.
.
g. Trailers displaying advertising shall be required to be stored
more than 65 feet from a public right of way. In addition, trailers
displaying advertising shall be required to be stored no more than
100 feet from the building within which the business that is being
advertised on the trailer is located."
.
Section 13: That Section 1 06-13(c)(3) of the North Richland Hills Code of Ordinances
be amended to read as follows:
"106-13 Sign Height, Area and Construction and Placement Standards.
(c) Temporary signs.
(3) Portable Signs
a. A permit shall be required for every portable sign. Nonprofit organizations,
including community events will not be charged a permit fee.
b.
All applications for a portable sign permit shall be accompanied by a
refundable deposit per sign as established in appendix A of this Code. The
director of finance shall review all fees annually and adjust fees by the
increase in the DFW Consumer Price Index for the preceding 12 months
as established by the U.S. Department of Commerce. The deposit will be
refunded to the applicant once the portable sign has been removed and
an affidavit attesting to the removal of the sign is filed with the city. If the
applicant fails to provide such an affidavit within five days of the expiration
of the permit, the deposit will be forfeited to the city.
.
c. Portable signs shall be allowed in zoning districts shown in section 106-9,
Table of Permitted Signs, subject to the following additional restrictions:
1. Portable signs utilized by nonprofit organizations or for community
events shall be allowed in all zoning districts; however, within
residential zoning districts, signs may only be located on a collector
or arterial street.2. Portable signs utilized to advertise "for profit"
activities may be located in nonresidential districts only.
d. A portable sign may be erected or placed to advertise a business, industry
or pursuit, but only on the premises on which the referenced business,
industry or pursuit is conducted and only when a certificate of occupancy
has been previously issued by the building official.
e. Portable signs to advertise community events may be located off-premises
from the location of the event.
f. A portable sign may be erected for a maximum period of ten days.
.
.
i.
j.
. k.
I.
.
g.
The number of allowable portable sign permits shall be as follows:
1. One grand opening portable sign permit may be issued to a
business during the tenure of the business at the same location.
2. In addition to the one-time grand opening permit, a maximum of two
portable sign permits may be issued to a business for advertising
purposes each calendar year provided a minimum of 90 days
separates the two permits.
3. Each non-profit organizational event or community event shall be
permitted to obtain five portable signs per event, not to exceed five
events per year. A minimum of 30 days must separate each event.
h. The portable sign structure must be removed from the view of adjacent
public rights of way upon expiration of the permit. Removal of the letters
from the signboard does not constitute removal of the sign.
A portable sign shall not exceed 50 square feet in area.
A portable sign shall not be erected or placed in any location that
constitutes a safety or traffic hazard.
A portable sign shall not be erected or placed in a fire zone, fire lane,
handicap parking area or required loading zone.
A portable sign shall not be placed in any location that blocks the view of
any ground sign.
m. A portable sign shall be placed a minimum of ten feet from any property
line.
n. A portable sign shall be a minimum of 100 feet from another portable sign
situated on the same lot.
o. A portable sign shall bear the company name, address and telephone
number of the owner of the sign which shall be the same information as
shown on the contractor registration on file with the city. Any sign not
containing current information shall be declared an illegal sign.
p. Portable signs shall not be illuminated.
q. Portable signs shall be kept painted and in good repair. No portion of a
portable sign shall have missing or damaged faces. Portable signs shall
be maintained structurally and shall be mechanically sound and free from
broken, bent, or otherwise damaged components. Signs found to be in
.
other than good repair shall be immediately removed by the business
owner upon notice of the building official or his designee."
Section 14: That Section 1 06-13(c)(6) of the North Richland Hills Code of Ordinances
be amended to read as follows:
"106-13 Sign Height, Area and Construction and Placement Standards
(c) Temporary signs
(6) Political signs.
a. A political sign is a sign that contains primarily a political message, has an
effective area of 36 square feet or less, is no, more than eight feet in height, is not
illuminated, and has no moving elements.
b. No permit shall be required for any political sign as defined in a. above.
.
c. Political signs shall be allowed in all zoning districts on private property with
the consent of the property owner.
d. Political signs shall not be located on any utility, light, traffic signal or sign
pole.
e. Political signs shall be allowed for a period of 30 days prior to local or county
elections, 60 days prior to a state election, and 90 days prior to a national
election. All political signs shall be removed no later than seven days after the
election or after the termination of candidacy, whichever comes first.
f. Signs with primarily political messages which do not meet the definition of a.
above shall not be allowed unless with a permit subject to other sign
requirements.
g. Political signs shall not be located so as to cause a safety or traffic hazard.
Signs within public right of way which, in the opinion of the director of public
works or his designee constitute a safety or traffic hazard may be relocated if
feasible or removed without prior notice, pursuant to written guidelines to be
developed by the director of public works and filed with this chapter.
h. A political sign shall not be illuminated or projected.
i. Political signs shall not be placed on public property or within any federal,
state or local public right of way" except that political signs less than three feet in
.
.
height and with no more than six square feet of sign face on any side may be
placed in public right of way, other than a median, with no portion of such sign
closer than three feet from the back of the curb, or, if no curb, from the edge of
the pavement of streets classified by the city's thoroughfare plan as arterial P6D,
M6D, M4D, P7U, M5U or M4U or collectors classified as C4U or C2U as long as
such sign is not placed in right of way adjacent to an occupied residence or
adjacent to publicly owned land other than a road. No sign shall be placed within
30 feet of an identical sign. Signs shall not extend over the sidewalk or street.
Section 15: That Section 1 06-13(c)(12) of the North Richland Hills Code of Ordinances
be amended to read as follows:
"106-13 Sign Height, Area and Construction and Placement Standards
(c) Temporary signs
(12) Light pole banner signs.
a. A permit shall be required for light pole banner signs.
i.
b.
Light pole banner signs shall be allowed in zoning
districts shown in section 106-9, Table of Permitted
Signs.
c. A single permit may be issued for multiple light pole
banner signs, a number which must be specified on the
permit application.
d. A light pole banner sign shall not exceed 32 square feet
in size.
e. Light pole banner signs shall not project above the
maximum height of the pole.
f. Light pole banner signs shall be kept in good repair and
remain securely attached in such a manner to withstand
wind loads in accordance with the International Building
Code.
g. Light pole banner signs shall not be displayed for a
period to exceed 60 days; nor shall a permit for light pole
banner signs be issued for the same property more than
three times within a one-year period.
.
·
h. The primary message displayed on light pole banner
signs may be seasonal in nature and without the use of
words describing a product company name or logo. Light
pole banner signs located on the following sites shall not
be displayed for a period to exceed 180 days; may
contain the name of the company, services, and/or its
logos; and shall include the same name and logo on all
displayed banners. Light pole banner signs shall not
advertise individual products:
(1) A development on a single platted lot that contains
one or more multi-occupancy buildings having two
hundred thousand (200,000) square feet or more in
combined floor area, or
(2) A development of two (2) or more contiguous and
adjacent lots that contains one (1) or more multi-
occupancy buildings having two hundred thousand
(200,000) square feet or more in combined area, or
·
(3) A single business located on one or more contiguous
and adjacent platted lots containing a minimum of five (5)
acres within the freeway overlay district."
Section 16: That Section 106-13 of the North Richland Hills Code of Ordinances be
amended by adding a new subsection 1 06-13(c)(13) which shall read as follows:
"106-13 Sign Height, Area and Construction and Placement Standards
(c) Temporary signs
(13) Temporary sales events within the Freeway Overlay Zone.
a. Except for temporary uses allowed by City Code
Section118-715, displays associated with temporary sales
events such as tethered balloons, inflatable figurines or
structures, banners and similar elements, are limited to those
locations indicated below:
(1) A development on a single platted lot that contains
one (1) or more multi-occupancy buildings having
·
·
two hundred thousand (200,000) square feet or
more in combined floor area, or
(2)
A development of two (2) or more contiguous and
adjacent lots that contains one (1) or more multi-
occupancy buildings having two hundred thousand
(200,000) square feet or more in combined area,
or
(3)
A single business located on one or more
contiguous and adjacent platted lots containing a
minimum of five (5) acres within the freeway
overlay district.
b. A permit shall be required for each temporary sales event
intending to display one or more tethered balloons,
inflatables, banners, or similar element. Each temporary
sales event shall pay a fee of $100.
c.
No more than six (6) temporary sales events may be
permitted per calendar year for a period not to exceed
ten (10) days per event. Each temporary sales event
intending to display one or more tethered balloon,
inflatable, banner, or similar elements must be separated
by a period of no less than thirty (30) days.
·
d. No more than four, or a combination thereof, of tethered
balloons, inflatables, banners, or similar elements shall
be displayed per event.
e. Tethered balloons and inflatable signs shall meet the
following standards:
1. When placed on a building they may not exceed
25 feet in height above the roof of the building and
shall not obstruct visibility necessary for safe traffic
maneuvering.
2. When placed on the ground they may not exceed
25 feet in height above the ground level and shall
not obstruct visibility necessary for safe traffic
maneuvering.
3. Shall maintain a setback from any side or rear
property line a minimum distance equal to the
·
·
height of the balloon and shall not overhang a
federal, state, or local thoroughfare.
4.
Shall maintain five feet of clearance from any
overhead electrical wire.
5.
Shall be kept in good repair and remain securely
attached in such a manner to withstand wind
loads.
f. Inflatable figurines and structures shall be properly
anchored. When in use, power supplies to inflation
devices shall be protected with Ground-Fault Circuit
Interrupters (GFCI). Approved extension cords supplying
power to the inflation devices must be adequately
protected from damage by vehicle and pedestrian traffic.
g. Search lights and laser beam-type lighting are
prohibited ."
·
Section 17: It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional or otherwise invalid by the final judgment or decree of any
court of competent jurisdiction, such invalidity shall not affect any of the remaining
phrases, clauses, sentences, paragraphs and sections of this ordinance, since the
same would have been enacted by the city council without the incorporation in this
ordinance of any such invalid phrase, clause, sentence, paragraph or section.
Section 18: Any person, firm or corporation violating any provision of this ordinance
shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an
amount not to exceed Five Hundred Dollars ($500.00). Each day any such violation
shall be allowed to continue shall constitute a separate violation and punishable
hereunder.
Section 19: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses hereof.
Section 20: This ordinance shall be in full force and effect immediately upon
publication.
AND IT IS SO ORDAINED.
PASSED AND APPROVED this 11th day of December, 2006.
·
·
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
John Pitstick, Planning & Development Director
·
·
.
CITY OF
NORTH RICHLAND HILLS
Department: Fire
Presented by: Andy Jones
Council Meeting Date: 12-11-2006
Agenda NO.F.2
Subject: GN 2006-110 Renewal of Medical Director's Contract - Resolution No. 2006-
106
The purpose of this report is to seek Council's approval to authorize the City Manager to
renew the contract with Dr. Roy Yamada as Medical Director for the City of North
Richland Hills. Further, the purpose of this report is to summarize changes to the
contract since the last contract period. Dr. Roy Yamada has served as the Medical
Director for the Fire Department for six years, beginning January 1, 2000.
The effective date of the new contract is January 1, 2007. The contract fee for 2007 will
be $21,500.00, paid in four equal payments, one each quarter. The contract amount for
2007 represents an increase of $3,560.00 over the previous contract. The fee for 2008
will be $25,760.00, paid in four equal payments, one each quarter. The contract
amount for 2008 will contain a $4,260.00 increase. Several factors influencing this
increase are enumerated here.
.
An increase in the population of North Richland Hills. Base rates for medical direction,
researched by Fire Department staff, range from 31 cents per capita to, more than 40
cents per capita. The new contract fee equates to approximately 33.8 cents per capita
for 2007 and 40.5 cents per capita for 2008, based on a population estimate of 63,521.
Insurance Rates have increased sianificantlv the past several years. The cost to
maintain insurance coverage required under the contract has increased $6,985.00 per
year for the Medical Director. The increase in the contract amount will not fully cover
the insurance premium cost increases incurred by the Medical Director.
Medical direction for the NRH20 water park will not be a part of the contract. Research
with Department of State Health Services and other water parks in the area reveals that
lifeguards and first aid providers at these facilities are not required by DSHS to have
medical direction.
Doctor Yamada provides extensive direct personal contact with our first responders,
regular participation in meetings involving policy development, case review, dispute
resolution, research and routine administration. Doctor Yamada provides extensive
training in medical protocol for our EMS personnel as well as advanced skills training.
Doctor Yamada provides our Department with 24 hour, on line medical direction via cell
phone.
Recommendation:
.
Staff recommends approval of Resolution 2006-106 that Council authorize the City
Manager to renew the contract for medical direction with our current Medical Director,
Roy K. Yamada, M.D. under the new terms. Approval will insure a continuity of the
excellent medical direction that has been in place for almost six years.
·
RESOLUTION NO. 2006-106
RESOLUTION AUTHORIZING THE CITY MANAGER
TO RENEW THE CONTRACT FOR MEDICAL
DIRECTION WITH OUR CURRENT MEDICAL
DIRECTOR, ROY K. YAMADA, M.D.
WHERAS, Dr. Roy Yamada has served as the Medical Director for the Fire Department
for six years; and
WHERAS, Dr. Roy Yamada provides extensive direct personal contact with our first
responders, regular participation in meetings involving policy development, case review,
dispute resolution, research and routine administration; and
WHERAS, Dr. Roy Yamada provides extensive training in medical protocol for our EMS
personnel as well as advanced skills training, as well as provides our Department with
24 hour, on line medical direction via cell phone;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS THAT:
·
The City Manager is hereby authorized to sign a renewal contract with Dr. Roy Yamada
for Medical Dï'rection, in the amount of $21 ,500.00 for the 2007 calendar year and
$25,760.00 for the 2008 calendar year.
PASSED AND APPROVED this 11th day of December, 2006.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Richard Torres, Assistant City Manager
·
·
STATE OF TEXAS §
§
COUNTY OF TARRANT §
AGREEMENT
The parties to the AGREEMENT are the City of North Richland Hills, Texas
(hereinafter called CITY) and Roy K. Yamada, M.D. (hereinafter called DOCTOR).
The CITY hereby engages the services of DOCTOR as Emergency Medical
Director for the North Richland Hills Fire Department pursuant to the terms of this
AGREEMENT.
·
The term shall be for a period of two (2) years beginning January 1, 2007 and
ending December 31, 2008. The parties, by mutual consent, may extend the
AGREEMENT for an additional two (2) years. Either party may terminate this
AGREEMENT by giving 30 days notice in writing to the other party.
The compensation shall be $21,500.00 for 2007 payable in four (4) equal
payments of $5,375.00, payable on the first day of January, April, July and October of
2007. The compensation shall be $25,760.00 for 2008 payable in four (4) equal
payments of $6,440.00, payable on the first day of January, April, July and October 'of
2008.
The DOCTOR shall have overall medical responsibility for the planning,
implementation, operation and monitoring of the City's pre-hospital emergency and
medical services. He shall also be responsible for direction and management of pre-
hospital Emergency Medical Services (EMS), including continuing education activities
for all involved personnel and participation with governmental institutions & public safety
agencies. His services shall be performed under the direction of and subject to the
·
.
approval of the Fire Chief of the City. The DOCTOR shall perform his work in
conjunction with such other City personnel and officials as may be named by the Fire
Chief. An attachment called "Addendum A" will be considered part of this document,
and further defines the requirements and expectations of the DOCTOR.
A copy of DOCTOR'S evidence of insurance, certificates and licenses are
attached hereto. DOCTOR agrees to keep this or identical coverage in full force and
effect during the term of this AGREEMENT and to furnish written evidence of insurance
on a current basis at all times.
Roy K. Yamada, M.D.
Date
.
Larry J. Cunningham, City Manager
Date
Approved as to form:
George Staples, City Attorney
Date
.
·
CITY OF NORTH RICHLAND HILLS
FIRE DEPARTMENT
SPECIFICATIONS FOR MEDICAL DIRECTOR
"Addendum A" to Agreement between
the City of North Richland Hills and Roy K. Yamada, M.D.
dated January 1 , 2007
I. DescriDtion
The Medical Director has the overall responsibility for the planning,
implementation, operation, and monitoring of the City of North Richland Hills pre-
hospital Emergency Medical Services (EMS) operations. He must have the
expertise and demonstrate efficiency for medical pre-hospital EMS operations.
He will be responsible for the direction and management for pre-hospital EMS,
including continuing education activities for all involved personnel, and
participation with governmental institutions and public safety agencies.
II. Qualifications to be Maintained
A.
·
B.
C.
D.
E.
·
License to practice medicine as a Medical Doctor (M.D.) or D.O. in the
State of Texas.
Certified in Advanced Cardiac Life Support.
License from Drug Enforcement Agency for dispensing Schedule II
narcotics.
Be familiar with City codes, which govern the EMS system.
Be knowledgeable of the local, regional and state EMS system's design
and goals, and be interested in the improvement of EMS in the region; be
knowledgeable for the current EMS environment at the local, state and
national levels.
F. Be willing to cooperate with other EMS providers.
G. Be familiar with the skills, equipment, environment and functioning of field
services.
H. Be able to devote sufficient time and effort to oversee the entire North
Richland Hills EMS system.
· I.
J.
K.
Devote time to continued medical education with emphasis on emergency
medical services and pre-hospital care.
Be knowledgeable of the communications equipment utilized by North
Richland Hills EMS.
Maintain and provide proof of medical malpractice insurance coverage
throughout term of Agreement.
III. RelationshiDs
A. Accountable to the Fire Chief.
B. Works in conjunction with the Fire Chief, Chief of Operations Division,
EMS Staff Officer, and Quality Control and Improvement Committee
members.
C. Works with area hospitals, administrators, medical/nursing staff, local &
state government agencies and other associated person(s) or entities.
IV. ScoDe of Services
·
·
A.
General - The duties and responsibilities of the Medical Director fall into
two (2) general categories:
1. Medical leadership
2. Regulatory duties
(to include, but not limited to, first response, ambulance services,
Police SWAT paramedics, and on-line & off-line medical control
practices)
Effective medical leadership requires extensive direct personal contact
with first responders, ambulance personnel, "base station hospital"
physicians, nurses and other staff. Effective medical leadership also
requires regular participation in 12 to 18 meetings per year involving policy
development, case revjew, dispute resolution, research and routine
administration. Maintaining a current awareness of EMS developments at
the local, state and national levels, representing North Richland Hills EMS
at professional meetings, and participation in related research are also
essential to effective medical leadership. Occasional local public speaking
about the EMS system, press contacts, and helping to manage the
systems interface with the medical community are important aspects of
medical leadership.
.
B.
C.
1 .
2.
3.
. 4.
5.
6.
7.
8.
9.
10.
11.
.
Effective regulation and performance monitoring require systematic review
of standards and practices, including extensive personal observation by
the Medical Director.
No Delegation of Duties - Leadership responsibilities and oversight
tasks requiring physician expertise may not be delegated.
Development/Monitoring of Standards - The Medical Director shall
develop and review standards and protocols, in compliance with current
Department of State Health Services guidelines, governing every aspect
of the pre-hospital operations affecting patient care, and shall develop,
implement and document a process for monitoring compliance with those
standards. Such standards shall govern delivery of first responder
services, ambulance services, and Police SWAT paramedics. Such
standards shall include without limitations:
Medical protocols.
Transport protocols (air & ground).
Equipment and supply standards for ambulances and First
responder units.
Standards for training, testing, certification & monitoring of
ambulance personnel and first responders.
Protocols governing on-scene control of patient care, and
interactions between first responders & ambulance personnel.
Procedures for the conduct of medical audits, including appeals.
Standards for provision of on-line medical control.
Uniform standards for EMS supplies and equipment.
Standards and procedures related to DNR orders.
Such other standards as may be necessary to ensure reliable
patient care.
In addition to "Chart Audits" and other retrospective case review
methods, the Medical Director shall implement a schedule of direct
personal observation of first responder operations & ambulance
service operations.
.
.
.
D.
Related Duties - During the course of carrying out the responsibilities
listed immediately above, the Medical Director shall:
1. Conduct ongoing review of all written protocols of the EMS system,
including dispatch protocols, medical protocols, transport protocols,
and all other protocols of the system. Such review shall take into
consideration the results of medical audits conducted throughout
the year, a review of the EMS literature regarding new findings
which might impact protocol revision, and input from field personnel
& interested physicians.
2. The Medical Director shall have the right to periodically inspect the
on-board medical equipment on EMS vehicles subject to his
responsibility. Where appropriate, such inspections shall include
functional testing of on-board equipment to ensure that such
equipment is in good working order. Where a deficiency is found
which could jeopardize patient care, the operator of the vehicle
shall remove the vehicle from service until the deficiency has been
corrected and confirmed by re-inspection. EMS vehicles shall also
be subject to unscheduled or surprise inspections. Mechanical
inspections of EMS vehicles shall not be a responsibility of the
Medical Director.
3.
The Medical Director shall conduct medical audits of EMS
performance concerning specific cases as follows:
a. Whenever a physician involved with an incident, or a
patient's personal physician, requests an audit.
b. Whenever a paramedic or EMT requests an audit of a case
in which the paramedic or EMT was involved.
c. Whenever an audit is requested by the City Manager, Fire
Chief, an elected official of the City of North Richland Hills,
or a member of the Fire Department's management staff.
d. Whenever the Medical Director determines that an audit
should be conducted.
The Medical Director may determine the method and extent of
investigation employed during any given audit. The investigation
may range from a simple review of written documentation, to a full
review of tape-recorded information (telephone request for service,
dispatch communications), interviews with involved personnel and
a formal review attended by persons involved with the case. Upon
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the request of the Fire Chief, the Medical Director shall conduct a
more extensive investigation.
In general, the tone and purpose of such medical audits shall be
positive and educational. To the extent allowed by law, those
persons whose work is the subject of an audit process, may receive
and invitation to attend any such review. Further, those persons
must be included in such reviews if they so request, and may be
required to attend such audit reviews when the Medical Director
has determined that such attendance is appropriate. Whenever
audit findings indicate that exemplary care had been provided,
recognitions shall be given by any Fire Department member.
Should audit findings indicate a performance discrepancy, the
Medical Director shall direct that appropriate steps be taken to
prevent repetition.
4. The Medical Director shall participate with the North Richland Hills
Fire Department EMS Quality Control & Improvement Committee.
5. The Medical Director shall serve as the primary liaison with North
Richland Hills EMS administrators and the local medical
community, ascertaining and being responsive to the needs of both.
v.
Terms
In consideration of services rendered, such services shall receive compensation
on a contractual basis, with payment disbursed in quarterly amounts as specified
in the signed Contract or Agreement, subject to contractual limitations. The
Medical Director is responsible for providing proof of insurance as follows:
1. Medical Professional Liability Insurance
a. $ 200,000 per claim
b. $ 600,000 aggregate
2. Medical Director Professional Liability Insurance
a. $ 500,000 per claim
b. $1,000,000 aggregate
The Medical Director is responsible for all licenses & certificates necessary to
carry out the specifications outlined in this addendum, which shall become part of
the signed Agreement. The City shall provide no additional compensation or
reimbursement for such expenses. The term shall be for two (2) years, with an
option to renew for an additional two-year term agreeable with both parties, and
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shall be implemented by a written "Notice of Intent to Continue" by the Medical
Director, and accepted in writing by the Office of the Fire Chief.
VI.
Indemnitv or Hold Harmless Statement
Medical Director agrees to defend, indemnify and hold the City harmless for any
loss sustained by the City as a result of a claim or suit by a third party claimant to
the extent that such a loss is the result of negligence, bad faith, or other fault of
the Medical Director. The Medical Director further agrees to perform the services
with that standard of professional care, skill and diligence normally provided in
the performance of like or similar services.
CITY OF
NORTH RICHLAND HILLS
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Department: City Manager's Office
Presented by: Richard Torres
Council Meeting Date: 12-11-2006
Agenda No. F.3
Subject: GN 2006-116 Approve Management Agreement with Evergreen Alliance Golf
Limited, L.P. for Services at Iron Horse Golf Course - Resolution No. 2006-109
The management services at Iron Horse Golf Course have been provided contractually
since the course opened in 1992. The services have been provided through these
years by Evergreen Alliance Golf Limited (EAGL), though the name of the company has
changed a few times due to change in ownership. The last management agreement
was approved in November, 2000 and the term was for a five year period. Although the
initial term of the agreement has since expired, for the past year the same terms of the
agreement were extended month to month by mutual consent of both parties. Time was
needed to negotiate the terms of a new agreement and to adjust for the recent closing
of the course this past summer. The intent was to structure an agreement that would
provide a higher degree of accountability for both the continued financial success of the
enterprise operation as well as our desire to maintain Iron Horse's noted reputation as
being a high quality municipal golf course. During the negotiation time period
representatives of both the City and EAGL also saw this as an opportunity to adjust for
changes in the golfing industry and accounting practices as they relate to the
Management Agreement.
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The City administration has been pleased with many of the successes of the golf
course. During the years, Iron Horse Golf Course has been recognized multiple times
as being one of the leading municipal golf courses, both in the Metroplex as well as
across the State. These recognitions came under the direction and management of
EAGL and with the cooperation and assistance of the City of North Richland Hills.
One of the most recent successes at Iron Horse is the replacement of the greens during
the summer of 2006. Everything indicates the work performed by both outside
contractors and Iron Horse employees was a huge success. Having the greens
replaced will now aid Iron Horse to retain, and hopefully improve, its reputation of being
a premier location to play golf.
During the agreement negotiation process a number of City staff were involved making
sure that the City's interests were well served. At the near conclusion of the process,
the agreement was reviewed and critiqued by legal counsel representing both the City
and EAGL. The result is a three year agreement with two one-year options for renewal
that will serve the City's investment and interests well for this period. The proposed
Management Agreement will have a January 1, 2007 effective date and terminate on
December 31, 2009. The two one-year options for renewal would include calendar
years 2010 and 2011.
The following are major highlights of both the proposed agreement and the current
agreement:
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Highlights of Proposed Iron Horse Golf Course
Management Agreement
Proposed Agreement Current Agreement
· Term - 3 year with two 1 year options · Term - 5 year with one 5 year option
· EAGL to manage in accordance with · EAGL to manage in accordance with
major policy decisions made by City major policy decisions made by City
· Budget, Business Plan, and CIP · Budget prepared and submitted by
prepared and submitted by EAGL on EAGL on June 1 st (typically done in
same timing and policies as other City EAGL format, not City's)
departments
· EAGL coordinates all promotion and · EAGL coordinates all promotion and
advertising, but City shall approve all advertising with no approvals by City
graphic designs
· City shall approve hiring of General · City shall approve hiring of General
Manager position only and may require Manager, Superintendent, and Head
termination Golf Professional and may require
termination of any facility employee
· EAGL shall obtain liquor license · EAGL has option to obtain liquor license
· EAGL approves all pricing of food and · EAGL approves all pricing of food and
beverage beverage
· Posted golf fees subject to approval by · All golf fees charged to customers at the
City Management. Promotions at facility done at discretion of EAGL.
discretion of EAGL.
· EAGL pays to City 100% of net cash flow · EAGL pays to City 100°Æ> of excess cash
monthly flow monthly.
· Base Management Fees: · Fixed Management Fees:
Jan. 1, 2007 - $8400.00/month $7,333.33/month
Jan. 1, 2008 - $861 O.OO/month
Jan. 1, 2009 - $8825.25/month
Jan. 1, 20010 - $9045.88/month*
Jan. 1, 20011 - $9272.03/month*
* Applies if contract extensions are approved
· Contingent/Profit Sharing Fees: · Contingent Management Fee:
100/0 of net cash flow for entire fiscal Up to 25% of Fixed Management Fee
year paid annually after year end $22,000 - year ,1
(First opportunity - 9/30/07) $32,000 - year 2
$42,000 - year 3
$52,000 - year 4
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$62,000 - year 5
Payment subject to non-quantifiable
performance measurement devices being
satisfactorily confirmed.
· EAGL submits monthly financial
statements to City
· EAGL submits monthly financial
statements to City
· City retains right to inspect and audit -
expense to facilitv
· City retains right to inspect and audit -
expense to Citv
· City retains right to commission various
service measuring programs - expense
to facility
· EAGL conducts various service
measurement devices - expense to
facility
. EAGL Default - City may terminate
· EAGLE Default - City may terminate
· City Default - EAGL may terminate
· Current agreement does not address
· EAGL to obtain liability insurance
. EAGL to obtain liability insurance
.
In addition, we are highly interested that Iron Horse Golf Course continues to be
managed with attention to exceptional customer service, and that the Course, Club
House, Pro Shop, and other facilities are managed with superior attention to detail and
quality. A section has been included in the new agreement that outlines t~e City's
expectations in great detail. This was not in the previous contract, but staff believes it is
extremely important to communicate our desires for the quality care and attention to our
citizens' investment in this valuable asset for North Richland Hills.
Recommendation
Approve Resolution 2006-109' authorizing the City Manager to enter into an agreement
with Evergreen Alliance Golf Limited, L.P. for management services at Iron Horse Golf
Course.
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.NRH
RESOLUTION NO. 2006-109
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICH LAND HILLS, TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute a Management
Agreement with Evergreen Alliance Golf Limited, L.P. for management
services at Iron Horse Golf Course
PASSED AND APPROVED this the 11th day of December, 2006.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
. Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Richard Torres, Assistant City Manager
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Management Agreement
For the Management of Iron Horse Golf Course
North Richland Hills, Texas
This MANAGEMENT AGREEMENT (the "Agreement") is made and entered into as of
December 11, 2006 by and between The City of North Richland Hills (hereinafter referred to
as "City") and Evergreen Alliance Golf Limited, L.P. a Delaware limited partnership
(hereinafter referred to as "EAGL").
Recitals
A. City desires to promote and provide for the management of Iron Horse Golf
Course, to include the clubhouse, cart facility, maintenance building and appurtenances, and any
other golf course or golf-related facility developed on the property" depicted on Exhibit "A"
(collectively referred to as the "Facility").
B. EAGL is a professional golf course management company with experience and
expertise related to golf course management and promotion.
C. The parties agree that EAGL is not an agent or employee of City, and all activities
ofEAGL relating to the Facility shall be in EAGL's capacity as independent contractor to City.
D. The City desires to retain EAGL to manage and operate the Facility on behalf of
City pursuant to the terms and conditions of this Agreement.
Agreement
The parties agree as follows:
1. Term of Agreement. The term of this Agreement shall begin on January 1,2007,
and shall end at 11 :59 p.m. on the day preceding the third (3rd) anniversary of the start date, subject
to the termination provisions of Sections 9 and 10 hereof. This Agreement may be extended for
two (2) one year terms by mutual consent of the City and EAGL. The intent of either party, or
both, shall be stated in writing to the other party at least ninety (90) days prior to the end of the
term of the Agreement.
2. Services to be Performed by EAGL. During the term of this Agreement, EAGL
shall operate and provide the services ordinarily provided by a full service golf course management
firm for a golf course owned by a municipality, including but not be limited to, the collection and
disbursement of all monies, the employment of all employees, the promotion and management of
the golf course, the purchase and sale of food, beverages, merchandise, supplies and services, assist
with the management of facility-related litigation, the purchase and maintenance of insurance
coverage, the handling of disputes with third parties, the collection and payment of all appropriate
taxes and the performance of all other day-to-day activities relative to the Facility. With respect to
the operation of the Facility, the parties hereto agree as follows:
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a. City Authorization. City hereby grants and delegates to EAGL the authority
and the responsibility necessary to pennit EAGL to perfonn its duties under this Agreement and to
do any and all acts deemed necessary or desirable for operation and maintenance of the Facility
and agrees to take such additional steps as are necessary to evidence such delegation and
authorization as is reasonably requested by EAGL. City hereby grants to EAGL the exclusive
management of the Facility during the tenn of this Agreement or any renewal hereof for said
purposes. City shall not grant to any third party any rights to use or occupancy of all or any part of
the Facility during the tenn of this Agreement without EAGL's written consent, save and except
for the purpose of natural gas exploration and/or development. At no time shall such use impede
the operation of the Facility.
b. Malor Decisions. From time to time, EAGL may submit to City for
approval regarding proposals for major initiatives, capital improvements or events that impact the
Annual Budgets (as defined in Section 2.d hereof). EAGL shall secure City's prior approval of all
such major proposals. EAGL shall, to the best of its ability, operate the Facility in accordance with
the major policy decisions approved by the City. The City desires and encourages advancement in
the use of technology and creativity to ensure the Facility maintains its status of being one of the
leading municipal golf courses in the State of Texas. The parties agree that the Facility shall at all
times be open to the general public.
c. Operational Guidelines. EAGL has developed a set of updated guidelines
("Operational Guidelines") for the Facility which is attached as Exhibit "B". The Operational
Guidelines shall include hours of operation for the golf course, the clubhouse, the pro shop and
other facilities, standards and practices that will be sufficient to provide playing conditions that are
consistent with the Facilities market position and competitive with conditions at comparable
facilities, quality control programs, customer service standards, preventative maintenance
programs, and other policies relating to the operation of the Facility. All amended versions shall
be approved in writing by City administration.
d. Management Expectations of the City. The city has created and developed
a superior quality golf course, recognized by the industry several times since its opening as being
one of the leading municipal golf courses within the State of Texas. It is the expectation of the
City that this status be maintained or improved. Those management expectations are outlined on
the attached Exhibit "C."
e. Annual Budgets. EAGL shall submit a proposed operating budget (the
"Proposed Annual Budget") to City for the upcoming Fiscal year. The proposed Annual Budget
shall be prepared on fonns provided by the City and shall be prepared in compliance with policies
and time lines of the City's Budget Department and annual budget process. The Proposed Annual
Budget shall include a Business Plan and proposed capital improvements for the following fiscal
year. The Proposed Budget, subject to modifications by the City, shall be approved prior to
October 1 st of each fiscal year along with other city department budgets.
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f. Promotion of Golf Activities. EAGL shall coordinate and direct all work
done in the promotion, advertisement and public relations with respect to the Facility. EAGL shall
coordinate the creation or modification of graphics, logos and other visual materials for letterheads,
envelopes, temporary and permanent signs, brochures, information profiles, progress reports, press
releases and bulletins, however, the City shall first review and consider approval of all graphic
design work used in the promotion of Iron Horse prior to final authorizations.
g. Facility Personnel. EAGL shall hire Facility staff including all on-site
management personnel, golf professional staff, assistant golf professional staff, golf course
superintendents, food and beverage staff, house and grounds maintenance personnel, janitorial
staff, administrative staff and others deemed by EAGL to be appropriate for the efficient operation
of the Facility. Such personnel shall be hired and employed by EAGL. Notwithstanding anything
to the contrary herein, the position of General Manager shall be approved by the City prior to
filling, a final decision shall be made by the City within seven (7) business days after notification
by EAGL. The City shall also have the right to request that EAGL replace the General Manager's
employment at Iron Horse Golf Course, which request may not be unreasonably refused.
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h. Food" Beverage and Merchandise. EAGL shall provide food, beverage and
merchandise services to customers with the highest standards of care and cleanliness at all times.
City shall permit the sale of beer, wine and liquor at the Facility. EAGL shall ensure that the
necessary State of Texas local liquor licenses, and all other permits and approvals are in place prior
to the sale. It is understood that EAGL cannot guarantee factors outside of its control that may
prohibit the timely issuance of the liquor licenses. City shall cooperate with EAGL in obtaining
such licenses, permits and approvals. EAGL shall comply with all laws relating to the sale of
alcoholic beverages. Knowing, willful failure of EAGL to attempt to obtain valid State of Texas
and local liquor licenses for a period of thirty (30) consecutive days shall be grounds for City to
terminate this Agreement for cause, unless said failure is due to the actions of City or to
circumstances beyond the reasonable control of EAGL. In addition, EAGL shall purchase and sell
such other food, beverage and merchandise at the Facility for such prices as EAGL deems prudent.
If EAGL is negligent in the sale of beer, wine, or liquor at the Facility and any licenses or permits
are revoked, EAGL has ninety (90) days to correct the infraction and apply to have the revoked
license or permit reinstated. Failure to correct this infraction shall be grounds for City to terminate
this agreement.
i. Golf Fees. Posted fees for golf, and all subsequent changes, shall be
approved by the City management. Promotional programs may be utilized at the discretion of
EAGL in order to maximize revenues based on market conditions.
j. Corporate Purchasing. Due to EAGL's size, it is able to negotiate national
purchasing contracts with certain vendors. If the Facility utilizes such national purchasing
contracts, EAGL agrees to share a percentage of any marketing allowances received in
conjunction with such agreements with the City. City will also benefit from EAGL's negotiated
pricing, however all equipment leases and operating contracts will be in the name of City.
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k. Point of Sale System. In order to best serve the City, EAGL shall use a
Point of Sale system ("POS"), purchased by City, that is compatible to EAGL's POSe
1. Capital Improvement Proiects. In accordance with the Annual
Budget undertake, repair, and replace all identified capital improvement projects in accordance
with all state and federal laws.
m. Building and Grounds Maintenance. EAGL at all times shall maintain the
buildings and grounds maintained with the Facility to the highest standards free from rubbish,
debris and litter, in good repair and condition and in an attractive manner.
n. Contingent Management Fees. Upon execution of this Agreement, EAGL
shall be deemed to have waived all claims relating to Contingent Management Fees under previous
contracts with City.
3. Net Cash Flow. On the 15th day of each month during the term of this Agreement
or any renewal hereof, EAGL shall pay to City one hundred percent (100%) of the Net Cash Flow
from the Facility, determined in accordance with the provisions of this Section, for the period
ending on the last day of the preceding month. "Net Cash Flow" shall be a dollar amount, equal to
(a) Cash Inflows less (b) the sum of: Cash Outflows (including approved capital expenses).
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a. Cash Inflows. "Cash Inflows" shall mean all cash receipts (i.e. - no
accruals) of any kind from operation of the Facility, including but not limited to, green fees, cart
rentals, range fees, proceeds from the sale of food, beverage and merchandise, rebates, rentals,
proceeds from the sale of assets, interest income, and insurance proceeds. Cash Inflows shall not
include fees collected for golf lessons if the fees are paid directly to the professional providing
such lessons.
b. Cash Outflows. "Cash Outflows" shall mean all cash expenses (i.e. - no
accruals) made in connection with or for the benefit of the Facility, and payment for:
(1) Any and all employee related expenses including, but not limited to,
payroll, payroll taxes, employee benefits (including insurance, health and welfare benefits),
unemployment insurance and taxes, 401 (k) contributions, employee disputes and litigation, testing,
hiring and training. Bonuses paid by EAGL to its employees are not subject to expense by the City
unless included in the approved budget and earned according to EAGL guidelines.
(2) Sales, use, rental and other taxes and governmental fees and charges
assessed against the Facility or its operation.
(3) Cost of food, beverage, merchandise and supplies and all other
inventory;
(4) Costs associated with the procurement and maintenance of
Insurance (including the insurance coverage specified in Section 13 hereof) including all
deductibles and self-insured retentions;
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(5) Cost associated with marketing, advertising and promotion of the
Facility;
(6) Acquisition costs, lease payments and debt service payments for
equipment, furniture, fixtures and other capital items;
(7) License fees, dues and subscriptions;
(8) Costs of maintaining and improving the golf course, pro shop,
clubhouse and other parts of the Facility;
(9) Base Management Fees (as defined in Section 6.a, hereof) paid to
EAGL in accordance with this Agreement;
(10) All fees associated with the Facility banking, accounts, or audits;
(11) All losses however they arise, including but not limited to theft,
spoilage, Act of God or other Force Majeure event; and
(12) With the prior approval of City, fees of outside consultants and third
party contractors retained by EAGL in connection with the operation of the facility
(13) Travel/training incurred in connection with the operation of the
facility by employees of the facility only.
(14) Other costs reasonable and customary in the industry
(15) All obligations and costs to defend all disputed claims arising out of
or resulting from EAGL's activities conducted in connection with or incidental to this Agreement.
c. Actual Capital Expenditures. "Actual Capital Expenditures" shall mean all
cash payments for equipment, furniture, fixtures, Facility improvements and repairs, capital items
and other customary expenses incurred in the operation of Facility in compliance with City
capitalization policies. In the event of an emergency, EAGL is authorized to make an otherwise
unapproved capital expenditure. EAGL will notify City within fifteen (15) business days
following making such expenditure. For purposes of this Paragraph, "Emergency" shall mean any
improvement or maintenance required to ensure the health and safety of the Facility's guests or
employees, or as otherwise required by operation of law.
d. Approved Reserves. "Approved Reserves" shall mean the amount of cash
approved by City to be held by EAGL for future operation of the Facility, but in no event less than
one month's operating Cash Outflows. City shall pre-fund the Facility Accounts (defined hereof)
with the Approved Reserves within 5 business days of the Start Date of this Agreement.
4. Advances from City. If, at any time, the Approved Reserves from the operation of
the Facility are not sufficient to meet the actual Cash Outflows as they become due, City shall
advance to the Facility the amount of cash necessary to meet such obligations (such amount being
.
referred to as an "Advance"). EAGL shall supply sufficient documentation for such requested
advances.
5. Accounts. All Cash Inflows, Advances and Approved Reserves shall be held by
EAGL for City, subject to such funds being disbursed for Cash Outflows and Actual Capital
Expenditures. EAGL shall maintain one or more separate accounts (collectively referred to as
"Facility Accounts"), which may include interest earning accounts, at one or more commercial
banks, each approved in advance by City, for the receipt of Cash Inflows, Advances and Approved
Reserves and for the payment of actual Cash Outflows and Approved Reserves. EAGL shall
account to City and pay all payments due to City from Facility Accounts in accordance with this
Agreement. EAGL shall not commingle Cash Inflows, Advances and Approved Reserves with
other money or accounts, and shall not take any money or property from the Facility Accounts or
from the Facility except to make payments for actual Cash Outflows and Approved Reserves as set
forth in this Agreement. EAGL shall not purchase goods or services from an entity affiliated with
EAGL unless such purchase is on terms reasonably competitive with terms available from non-
affiliated sources.
6. Management Fees. In exchange for services rendered by EAGL under this
Agreement, EAGL shall be paid the following fees from Facility Accounts:
a. Base Management Fee. The agreed "Base Management Fee" shall be as
follows:
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$8400.00/month
$8,610.00/month
$8,825.25/month
$9,045.88/month *
*
January 1, 2011 $9,272.03/month
* This amount shall apply if contract extensions are approved.
January 1, 2007
January 1, 2008
January 1, 2009
January 1,2010
b. Contingent/Profit Sharing Fees. EAGL shall be entitled to receive a
Contingent Fee. The "Contingent Fee" shall be an amount equal to ten percent (10 %) of any Net
Cash Flow ("NCF") for the City's fiscal year. [Exhibit "D" of this Management Agreement details
the sample methodology to be used in calculation of the Contingent/Profit Sharing Fee.] The base
period on which the Contingent/Profit Sharing Fee shall be calculated is the City's fiscal year
ending September 30, 2007. The Contingent/Profit Sharing Fee shall be paid annually, on or
before 90 days following the close of the fiscal year. NCF shall be defined as Cash Inflows, as
defined in Section 3 hereof, minus Cash Outflows as defined in Section 3 hereof. Base
Management Fees and capital improvements as such term is defined by Generally Accepted
Accounting Principles shall be considered as part of Cash Outflows for the purpose of calculating
NCF. Contingent/Profit Sharing Fees shall not be considered as part of Cash Outflows for this
purpose.
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7. Accounting. EAGL shall maintain books and records relating to the business
activities of the Facility separate from its other books and records. EAGL shall prepare an opening
balance sheet listing assets and liabilities used or incurred in the operation of the Facility.
Thereafter, EAGL shall have monthly financial statements prepared which shall include unaudited
balance sheets and income statements (each month's records shall be referred to separately as the
.
"Monthly Financial Statements") prepared as if the operation of the Facility is a business entity
separate from EAGL and City. EAGL shall deliver a copy of the preceding month's Monthly
Financial Statements within fifteen (15) calendar days after the end of that month, except where
circumstances beyond the reasonable control of EAGL delay delivery of such statements. City
agrees that if actual practice indicates the deadline set forth in the preceding sentence is impractical
or impossible for EAGL to meet, City shall modify such requirements. In addition, EAGL shall
deliver a copy of its audited financial statements for each calendar year during the term of this
Agreement or any renewal thereot: At any time during the term of this Agreement, upon five (5)
business days advanced notice and during normal business hours of operation, and for three (3)
years after the conclusion of this agreement, City shall be entitled to inspect the books and records
of the Facility, all Monthly Financial Statements, and the City may conduct an audit of the Facility.
If an audit is prepared at the request of the City, such Cash Outflow shall be an eligible Cash
Outflow of the Facility as defined in Section 3.b.12 above.
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EAGL shall provide City with a complete list of Facility assets within 10 business
days of receiving such request from City. EAGL agrees to provide detailed explanation to City of
all changes in capital asset accounts. Such explanation shall accompany the monthly financial
reports which are due to City on or before the fifteenth (15) calendar days after the end of the
month in which the change occurred. Detailed explanation includes, but is not limited to: the
description of the asset purchased, sold, or otherwise disposed; purchase price of the asset or
proceeds received from the sale of the asset; asset serial or other identifying number; and other
pertinent details typically included in a sub-ledger of assets. EAGL further agrees to provide
detailed account activity and other accounting-type reports within 10 business days of receiving
such request from City or City's auditors.
8. Measurement Devices. The City shall have the right to commission various
service measuring programs to determine the performance of EAGL. These may include golf
course audits, customer surveys, or other measurement devices created to provide non-biased
feedback to the City about the overall operation of the Facility. The fees for such services shall be
paid from the Facility accounts. Within thirty (30) days of receiving the results of any
commissioned measurement device, the City shall provide copies of the full report to EAGL. The
results of these devices may be used by the City in determining the continued services ofEAGL or
the extension/renewal of Management Agreement.
9. Default by EAGL.
a. Events of Default. Anyone or more of the following events shall, unless
cured in accordance with Section 9.b. hereof, constitute a default of this Agreement by EAGL
("Default"):
(1) Failure to timely submit monthly net cash flows to the City.
(2) A material breach of the obligations of EAGL under Section 5 of
this Agreement; or
(3) A discontinuance by EAGL of its business or abandonment of its
activities at the Facility; or
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(4) A material breach of any material term or prOVISIon of this
Agreement, which remains uncured 30 days after EAGL receives notice thereof; or
b. Cure. EAGL shall have fifteen (15) days after receipt of written notice from
City specifying the nature of its Default under Section 9.a., hereof: within which to cure such
Default, or such longer period of time as may be reasonably required to cure such Default provided
that EAGL promptly. commences the remedy of such Default and is continuing diligently to
complete such cure.
c. Exercise of Termination Option. In the event of a Default under Sections
9.a(I), (2), or (3) hereof, City may immediately terminate this Agreement upon expiration of the
cure period described in Section 9.b hereof, by delivering to EAGL written notice of its election to
terminate the Agreement, provided that EAGL has not timely cured the Default. City shall pay all
amounts owed to EAGL within three (3) business days of termination. In the event of a Default
under Section 9.a(4) hereof, the City may give written notice of termination to EAGL and
termination shall become effective thirty (30) days after such termination notice is received by
EAGL. City shall pay all amounts owed to EAGL within three (3) business days of termination.
10. Default by City.
a. Events of Default by City. Anyone or more of the following events shall
constitute a default of this Agreement:
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(1)
A breach of any material term of this Agreement;
(2) Failure to timely Advance funds to EAGL pursuant to this
Agreement.
b. Cure. City shall have fifteen (15) days after receipt of written notice from
EAGL specifying the nature of its Default under Section 10.a, hereof within which to cure such
Default, or such longer period of time as may be reasonably required to cure such Default provided
that City promptly commences with the remedy of such Default and is continuing diligently to
complete such cure.
c. Exercise of Termination Option. In the event the City fails to timely cure a
Default, EAGL may give written notice of termination to the City and termination shall become
effective thirty (30) days after such notice is received by the City. City shall pay all amounts owed
to EAGL within three (3) business days of termination.
11. Transfer Upon Termination. Upon termination of this Agreement, EAGL shall
immediately transfer and assign to City all assets of the Facility which would properly be reflected
on the Financial Statements of the Facility as provided in Section 7 of this Agreement. The City
shall assume all obligations and contingent liabilities relating to the Facility, other than contingent
tort liabilities which result from the intentional malfeasance or gross negligence of EAGL or its
agents.
.
.
a. Assets to be Transferred. Assets to be transferred and assigned to City shall
include, but not be limited to, all of EAGL's right, title and interest to any of the following arising
out of activities of the Facility or purchased by EAGL from Advances from City, or Cash Inflows
of the Facility (other than insurance proceeds relating to liabilities not required to be assumed by
City):
(1) Cash and investments in the Facility Accounts;
(2) Accounts receivable;
(3) Other receivables;
(4) Inventories of merchandise, food, beverages and supplies;
(5) All equipment, furniture and fixtures;
(6) Prepaid accounts and deposits;
(7) Contract rights;
(8) Course specific trade names;
(9) Property level books and records;
.
(10) Property level proprietary information; and
(11) Property level goodwill.
b. Liabilities to be Assumed. Liabilities which City assumes, or against which
City shall indemnify EAGL, shall include all debts and other contractual obligations arising out of
the operation of the Facility. Such assumption of liability shall not include any tort liability
resulting from the intentional wrong doing or gross negligence ofEAGL or its agents.
c. Closing. The transfer of assets and assumption of liabilities shall occur on
the effective date of any termination unless the parties agree otherwise.
12. Indemnity.
a. Indemnification by City. The City shall, to the extent allowed by law,
indemnify and hold harmless and defend EAGL, its officers, agents and employees from and
against all liabilities for any and all claims, liens, suits, demands or actions for damages, injuries
(including death) to persons, property damage (including loss of use), and expenses including court
costs and reasonable attorneys' fees and other reasonable costs arising out of or resulting from the
liabilities and obligation to be assumed by the City in accordance with Section 11 of this
agreement.
.
.
.
.
b. Indemnification by EAGL. EAGL shall indemnify, hold harmless and
defend City, its officers, directors, agents and employees, from and against all liability for any and
all claims, liens, suits, demands or actions for damages, injuries (including death) to persons,
property damage (including loss of use), and expenses, including court costs and reasonable
attorneys' fees and other reasonable costs arising out of or resulting from the failure of EAGL to
perform its obligations under this contract or from the negligence or fault of any of EAGL's
employees or agents.
c. Notice of Claims. EAGL and City shall provide each other with prompt
written notice of any event covered by the indemnity sections of this Agreement and in the event a
claim or action is filed, each party may employ attorneys of its own choosing to appear and defend
the claim or action on its behalf. Failure to provide such notice, however, shall not limit any
party's indemnity obligations hereunder.
d. Limitation of Liability. Notwithstanding anything contained herein to the
contrary, the liability of EAGL hereunder shall be limited to the amount of the annual Base
Management Fee, and in no event shall any other assets of EAGL or any constituent member or
other Affiliate of EAGL be subject to any claim arising out of or in connection with this
Agreement.
13. Insurance. As an expense of the Facility, EAGL shall obtain liability insurance of
the types and in the amounts set forth hereof from an underwriter(s) licensed to do business in the
State of Texas. EAGL shall furnish to City certificates of insurance, evidencing the required
insurance, on or before the Start Date, and thereafter shall furnish new certificates upon request.
So long as City is not in breach of this Agreement, EAGL shall obtain and maintain the following
types and amounts of insurance, for the term of this Agreement and any renewal hereof:
a. Type and Amount of Insurance. The type and amount of insurance EAGL
shall obtain for the Facility shall be:
"TYPE"
"AMOUNT"
(1)
Worker's Compensation and
Employer's Liability or
reasonably acceptable alternative
Statutory
(2)
Comprehensive General (Public)
Liability (or its equivalent)
to include (but not limited to)
the following:
Bodily Injury:
$ 500,OOO-per person
$1,OOO,OOO-per occurrence
and
Property Damage:
$ 250,OOO-per occurrence
or
$1,OOO,OOO-Combined Single
Limit for bodily injury and
property damage.
(a) Premises/Operations
(b) Independent Contractors
(c) Personal Injury
(d) Products/Completed operations
.
(3) Fidelity Insurance - covering all Amount sufficient to protect the loss of
employees and officers having the largest dollar amount in the control
access to monies collected. or possession of an employee at any given
time, but not less than $100,000 or such other
amount as requested by the City).
(4) Property Insurance - for physical Coverage for minimum of one hundred
damage to the property of EAGL percent (100%) of the fair market value
located at the Facility, including of property.
improvements and betterments to
to the Facility.
(5) Comprehensive Automobile Liability Bodily Injury:
(or its equivalent) - to include $ 500,000 per person
coverage for: $1,000,000 per occurrence
and
(a) Owned/Leased Automobiles Property Damage:
(b) Non-owned Automobiles $ 250,000 per occurrence
( c) Hired Cars or
$1,000,000 Combined Single Limit for
bodily injury and property damage.
. (6) Corporate Liability Umbrella At least $10,000,000
b. Additional Insurance Requirements. With respect to the above-described
insurance, EAGL agrees to:
(1) Have City named as an additional insured, or an insured as its
interest may appear, and
(2) Provide thirty (30) days' written notice of any material change,
termination or cancellation;
(3) Provide for a waiver of subrogation in favor of the City.
14. Covenant of Cooperation. EAGL shall provide City with prompt written notice of
any material injuries suffered at the Facility, significant complaints, whether written or otherwise,
about the Facility or its management, and actual or anticipated disputes with or claims by third
parties, including, but not limited to, adjacent landowners. EAGL further covenants to cooperate
with City in resolving any such complaints, disputes or claims and City covenants to cooperate
with EAGL in resolving any such complaints, disputes or claims.
15. City's Representations and Warranties. To induce EAGL to enter into this
Agreement, City makes the following representations and warranties to EAGL.
.
.
a.
'Each of the Recitals set forth in this Agreement is true and correct.
b. City owns or has the legal right to control the Facility free and clear of all
liens and encumbrances.
c. City has power and authority and all legal rights to enter into and perform
this Agreement. The officers of City executing this Agreement are duly and properly in office and
fully authorized to execute the Agreement. This Agreement, when duly authorized, executed and
delivered by the parties hereto, shall create a valid and binding obligation on the part of City,
enforceable against City in accordance with its terms.
d. Except as previously disclosed in writing to EAGL, there are no actions,
suits or proceedings pending or, to the knowledge of City, threatened against City or affecting City,
the Facility or any of City's assets, properties or rights, at law or in equity, by or before any court,
arbitrator, administrative or governmental body or other person. Except as previously disclosed in
writing to EAGL, City is not in violation or default with respect to any applicable law or regulation
which affects the Facility or the condition (financial or otherwise) of the City and the Facility fully
complies with all applicable federal, state and local laws, ordinances, regulations, orders and
directives.
.
e. The Facility is adequate and in sufficiently good condition for EAGL to
operate a golf course, pro shop, clubhouse and other services contemplated by the terms of this
Agreement. The Facility has all water and utility hook-ups necessary to operate the golf course,
pro shop, clubhouse and other services contemplated by the terms of this Agreement.
f. To the best of City's knowledge after reasonable investigation, City further
represents and warrants (and such further representations shall remain in full force and effect
indefinitely, accruing to the benefit ofEAGL and its successors and assigns) that:
1. There are no hazardous substances on, under or in the Facility,
whether contained in barrels, tanks, equipment (movable or fixed) or other containers deposited or
located in land, water, sumps or in any other part of the Facility or incorporated into any structure
on the Facility or otherwise existing thereon, except the existing permitted above ground fuel tanks
located on the Facility;
2. There is no pending lawsuit, agency proceeding or legal, quasi-legal
or administrative challenge concerning the Facility, the operation of the Facility or any condition
existing thereon, and no such claim, litigation, proceeding or challenge is proposed or threatened
by any person or entity, or otherwise anticipated by City, and the Facility and all operations
thereon are not in violation of applicable law, and no governmental entity has served upon City any
notice claiming any violation of any statute, ordinance or regulation or noting the need for any
repair, remedy, construction, alteration or installation with respect to the Facility, or any change in
the means or methods of those conducting operations thereon;
.
3. The Facility (and, to the best of City's knowledge, nearby property)
has never been used for any industrial or commercial operation involving hazardous substances,
.
.
.
the sale, storage or transport of hazardous substances, any aspect of the provision of services which
utilize hazardous substances, drilling, mining or the production of oil, gas, minerals or other
naturally occurring products, or any agricultural activities involving the use and storage of
fertilizers or pesticides;
4. No leaks, spills, discharges, releases, deposits, emplacements or
emissions of any hazardous substance have ever occurred on, under, in or near the Facility.
16. EAGL's Representations and Warranties. To induce City to enter into this
Agreement, EAGL makes the following representations and warranties to City.
a. Each of the Recitals set forth in this Agreement is true and correct.
b. EAGL is a duly organized and validly existing limited partnership in good
standing under the laws of the State of Delaware.
c. EAGL has the full power and authority and all legal rights to enter into and
perform this Agreement and any other agreement referred to herein and contemplated by this
Agreement. This Agreement, when duly authorized, executed and delivered by the parties hereto,
shall create a valid and binding obligation on the part of EAGL, enforceable against EAGL in
accordance with its terms.
17. Environmental Indemnity. City agrees to indemnify, defend and hold harmless
EAGL from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses
(including, without limitation, any and all sums paid for settlement of claims, attorneys' fees,
consultant and expert fees) arising during or after the term of this Agreement or in connection with
the presence or suspected presence of Hazardous Substance (as defined hereof) in or on the
Facility, unless the hazardous substance is present solely as the result of the negligence, willful
misconduct or other acts of EAGL, EAGL's agents, employees, contractors or invitees. Without
limitation of the foregoing, this indemnification shall include any and all costs incurred between
investigation of the site or any clean-up, removal or restoration mandated by a federal, state or
local agency or political subdivision, unless the hazardous substance is present solely as a result of
the gross negligence, willful misconduct of EAGL's agents, employees, contractors or invitees.
This indemnification shall specifically include any and all costs due to hazardous substance which
flows, diffuses, migrates or percolates into, onto or under the Facility after the Agreement term
commences. As used herein, "hazardous substance" means any substance which is toxic, ignitable,
reactive or corrosive and/or which is regulated by any local government, the state in which the
Facility is located or the United States Government. "Hazardous substance" includes any and all
material or substances which are defined as "hazardous waste," "extremely hazardous waste," or
"hazardous substance," pursuant to state, federal or local governmental law and includes, but is not
limited to, asbestos, PCBs and petroleum and petroleum-containing products. This provision shall
survive the termination of this Agreement.
18. Relationship of the Parties. The relationship between City and EAGL shall be
and at all times remains that of the City and independent contractor, respectively. Neither City nor
EAGL shall be construed or held to be a partner, limited partner, associate or agent of the other, or
.
.
.
be joint venturers with one another. Neither City nor EAGL shall be authorized by the other to
contract any debt, liability or obligation for or on behalf of the other.
19. Notices. Except as otherwise specifically provided herein, any and all notices
required or permitted under this Agreement shall be in writing and shall be deemed delivered upon
personal delivery or upon mailing thereof when properly addressed and deposited in the United
State Mail, first class postage prepaid, registered or certified mail, return receipt requested, or when
properly addressed upon deposit with Federal Express, Express Mail or other trackable overnight
courier service. Notices shall be properly addressed if addressed to the parties as follows:
If to City:
The City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, TX 76180
Attention: City Manager
Keith Hanley
Vice President of Operations
Evergreen Alliance Golf Limited, L.P.
4851 LBJ Freeway, Suite 600
Dallas, Texas 75244
If to EAGL:
With a COPy to:
Lynn Marie Mallery
Vice President and General Counsel
Evergreen Alliance Golf Limited, L. P.
4851 LBJ Freeway, Suite 600
Dallas, Texas 75244
The addresses for notices may be changed by written notice given to the other party
as provided above.
20. Further Acts. Each party to this Agreement agrees to execute and deliver all
documents and instruments and to perform all further acts and to take any and all further steps that
may be reasonably necessary to carry out the provisions of this Agreement and the transactions
contemplated herein.
21. Section Headings. The section headings in this Agreement are for convenience
and reference only and shall in no way define, limit, extend or interpret the scope of this
Agreement or of any particular section contained herein.
22. Interpretation. Unless the context requires otherwise, words used in the singular
number shall include the plural and vice-versa.
23. Amendments and Waivers. This Agreement shall be modified only by written
instrument executed by the parties hereto. Any waiver of any provision of this Agreement shall be
made in writing executed by the party who could demand fulfillment of such waived provision.
.
.
.
24 Successors and Assigns. The rights and obligations under this agreement are not
assignable by either party without the written consent of the other party hereto.
25. Governing Law. This Agreement shall be construed under and in accordance with
the laws of the State of Texas.
26. Counterparts. This Agreement and all amendments and supplements to it may be
executed in counterparts and all such counterparts shall constitute one agreement binding on both
of the parties.
27. Severability. Should one or more of the prOVISIons of this Agreement be
determined to be illegal or unenforceable, the other provisions nonetheless shall remain in full
force and effect. The illegal or unenforceable provisions or provisions shall be deemed amended to
conform to applicable laws so as to be valid and enforceable if such an amendment would not
materially alter the intention of the parties.
28. Entire Agreement. This Agreement (together with any attached Exhibits)
constitutes the entire agreement between the parties concerning the subject matter of this
Agreement, and supersedes all prior agreements, arrangements, understandings, restrictions,
representations or warranties, whether oral or written, between the parties relating to the subject
matter of this Agreement.
29. Force Majeure. The parties shall not be liable for loss, delay, or inability to
perform caused by Acts of God, riots, war, insurrection, government regulations, or cause or
event beyond the control of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first written above.
CITY OF NORTH RICHLAND HILLS, TEXAS
By:
Larry J. Cunningham, City Manager
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George Staples, City Attorney
.
.
.
EVERGREEN ALLIANCE GOLF LIMITED,
L.P., a Delaware limited partnership
By: EAGL GP, L.L.C., a Delaware Limited
Liability Company, its General Partner
By
ATTEST:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE Me, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Larry J. Cunningham, City Manager of THE CITY OF NORTH
RICHLAND HILLS, TEXAS, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed, in the capacity therein stated, and as the act and deed of said City.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of
, 2006.
Notary Public in and for the State of Texas
My Commission Expires:
Print Name of Notary
STATE OF TEXAS
COUNTY OF DALLAS
§
§
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared , President of EAGL GP, L.L.C.,
which is the General Partner of Evergreen Alliance Golf Limited, L.P. a limited partnership,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he/she executed the same for the purposes and consideration therein
expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of
, 2006.
Notary Public in and for the State of Texas
My Commission Expires:
Print Name of Notary
·
EXHIBIT A
IRON HORSE GOLF COURSE BOUNDARIES
(Shown with FeblMar 2005 Aerial Orthopnotos)
-. CIty Boundaoes
.
EXHIBIT B
Operational Guidelines
(Intentionally left blank - Information will be provided by EAGL)
.
.
.
EXHIBIT C
Management Expectations of the City
Course Maintenance
1. Greens expertly maintained in accordance with recommended industry standards.
2. Fairways regularly mowed and kept free of debris and litter.
3. Golf Course amenities as markers, signs, ball washers and other player features
maintained regularly with necessary painting, upgrades, trimming and other
maintenance to give high quality condition.
4. Drainage and lake areas regularly cleaned and trimmed to avoid weed-like or
overgrown appearance, and at least weekly cleared of debris and litter that may
accumulate.
5. Dead trees and other plant or landscape materials to be cleared from the course and
Golf course grounds in a timely manner, but no longer than 30 days. after material
dying. Replacement of similar plant material to be provided in a timely manner, but
with consideration of time of year.
.
6.
All grounds treated and maintained to give exceptional appearance.
7. Overall appearance of all grounds - club house, fairways, greens, to be kept on
regular daily basis in a high quality manner and to present an "upscale appearance."
Club House and Other golf Course Structures
1. Interior Pro Shop and Restaurant should be kept in clean and good repair at all times
during operating hours of the course.
2. Carpets and floor coverings should be cleaned daily and kept free of litter or debris
daily; cleaning shall take place several times daily as needed following large groups
to insure clean and well kept appearance to the public.
3. Restaurant area - tables, counters and floors must be kept in high quality condition at
all times to convey clean and sanitary appearance. Food preparation areas, including
kitchen and grill area, must be kept in exceptional sanitary condition and all
equipment and facilities must achieve the highest ratings issued by the City consumer
Health Department.
4. Rest Room facilities both in the Club House and on the Golf Course must be cleaned
at least daily and more often as needed to provide clean, sanitary, litter-free, and
fresh smelling facilities for the customer.
.
.
.
.
5. All facilities must be maintained in good quality workmanship and all auxiliary
equipment, including air conditioning, heating, and plumbing, must be maintained in
excellent condition in accordance with industry standards.
6. Equipment maintenance facility shall be properly and regularly maintained and kept
in orderly condition consistent with standards of maintaining such facilities and must
be kept clean and free of debris.
7. The overall appearance of the Club House and other structures at the Golf Course
shall convey superior maintenance and the appearance of a well maintained and
upscale facility.
8. The exterior of the Club House and other structures shall be kept in high quality
condition with needed painting, repairs made, roof, and other structural parts properly
and regularly maintained.
9. All landscaped areas adjacent to the Club House and other structures shall be properly
maintained and all times to include seasonal plantings and healthy shrubbery.
Equipment
1.
All operating equipment, such as golf carts, mowing equipment, restaurant, etc.
owned by the City shall be serviced and maintained in accordance with manufacture
and industry standards on a regular basis.
2. Proper records shall be maintained showing the date and type of maintenance
provided on the equipment and name of employee providing required maintenance.
3. Equipment operators shall be properly instructed on use of equipment for their safety
as well as proper use. Records shall be maintained as to equipment operator training,
dates, and instruction.
4. EAGL supervisors shall regularly, at least weekly, inspect all equipment to insure its
proper use, maintenance and operation to insure safety for the user and assurance of
proper use and condition of the equipment. Such supervisor shall maintain and sign
records indicating proper use or problem with equipment, if any.
Customer Service
1. Customer service is a high priority and shall be expected to result In Exceeds
Customer Expectations" in all areas at the Golf Course.
2. Restaurant customers shall be greeted with courtesy and respect on each occasion and
shall be assisted in a timely manner.
.
3.
Customer shall receive exceptional service in making tee times, planning for golf
tournaments, and with assistance in reserving the Pavilion or Club House area for
special events.
4. Employees shall conduct themselves in a professional manner at all times, both in
their conduct and personal appearance, to result in the customer believing they have
experienced an "exceptional golfing or special event" at Iron Horse.
5. Customer Service shall result in a customer's feeling that "They are the most
Important Person" that the Iron Horse employee is dealing with.
6. Pro Shop customers will be greeted with courtesy, respect, and enthusiasm by Iron
Horse employees and assisted in a timely manner.
7. Golfers shall be greeted with courtesy, respect, and enthusiasm by Iron Horse staff
and assisted as needed with course layout, conditions, golf carts and preparations for
making their play an exceptional golfing experience.
8.
The overall customer service in all areas at Iron Horse shall be provided at a high and
exceptional level at all times so that the customer - whether a golfer, a restaurant
consumer, a special events participant, or visitor/spectator - experiences a feeling that
he or she has received superior treatment and attention and will be a returning
customer to Iron Horse.
.
.
.
EXHIBIT D
City of North Richland Hills
Golf Course Fund
Fiscal Year 2005
Calculation of Contingent/Profit Sharing Fees (Section 6b)
Source document: North Richland Hills Comprehensive
Annual Fincancial Report -- Golf Course Fund Statement
of Cash Flows
Net cash provided from operating activities
.
Add:
Contingent/profit sharing fees
paid in current fiscal year
Proceeds from debt issuance
spent during the fiscal year
Investment income
Proceeds from sale of assets
Total additions
$0
$0
$6,900
$0
Less:
Acquisition and construction of
capital assets
Interfund loan payments
Principal paid on capital debt
Interest paid on capital debt
Capital lease payments
Total reductions
$0
($149,013)
($379,249)
($145,154)
($64,496)
Adjusted net cash flow
Contingent/Profit Sharing Fee:
10% of cash flow
Amount owed for contingent/profit sharing fees
$524,451
$6,900
($737,912)
($206,561 )
($20,656)
$0
.
·
·
·
CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office
Presented by: Karen Bostic
Council Meeting Date: 12-11-2006
Agenda No. F.4
Subject: GN 2006-114 Approve 2007 State Legislative Program
The purpose of this item is to review and seek approval for the City of North Richland
Hills' proposed State Legislative Program for the 2007 session of the Texas State
Legislature. Staff has identified and included each of the issues into a specific category
based on the four guiding principles used to determine positions on each issue. These
four guiding principles are:
1. We will vigorously oppose any legislation that erodes the authority to govern our
own local affairs;
2. Cities represent the level of government closest to the people. We bear primary
responsibility for the provision of capital infrastructure and for ensuring our
citizens' health and safety. Thus, we must be assured of a predictable and
sufficient level of revenue;
3. We will oppose the imposition of unfunded state mandates;
4. We will support any legislation that increases the quality of life for our citizens.
This includes legislation that will not only provide an equitable amount of revenue
for our city, but also provide equitable services that will encourage pride and
growth in our community.
This legislative program is intended to be a guide to our legislators to inform them of the
City's position on issues we expect will be raised during the session. The document will
be modified and issues will be changed as needed throughout the session. We expect
the workload of the 80th Texas Legislature to be the same if not more than last regular
session when almost 5,400 bills were introduced, 1 ,200 of which would have had a
significant impact on cities. When the regular 79th Legislative session adjourned in
2005, 1 ,397 bills had been passed, with about 105 of them impacting cities.
Staff is monitoring City related bills and issues, and will provide regular updates to
Council throughout the session. We will also keep you informed regarding any
legislative alerts or contacts that need to be made during the session.
Because we want to provide Council with the most up to date information, we have not
included the legislative positions with the agenda. We will however deliver the
positions to Council prior to Monday night's meeting.
Upon approval, staff recommends presenting this document to our State legislative
delegation. Our intention is to present this information to our State Representative and
our State Senator, and to point out the City's key issues.
Recommendation:
Approve the North Richland Hills 2007 State Legislative Program
CITY OF
NORTH RICHLAND HILLS
.
Department: Police
Presented by: Jimmy Perdue
Council Meeting Date: 12-11-2006
Agenda No. F.5
Subject: GN 2006-111 Agreement with TxDOT for 2006-2007 Holiday D.W.I.
Enforcement Grant - Resolution No. 2006-107
The occurrence of impaired drivers continues to be a danger to Texas motorists. During
2005 there were over 1500 alcohol related fatalities on Texas roadways. Tarrant County
handled over 6000 Driving While Intoxicated (OWl) cases during this same time period.
During 2006, there has been at least one fatality accident caused by an impaired driver
in NRH. Unfortunately, there is always an increase in the number of impaired drivers
during the annual holiday seasons. To combat this problem, law enforcements agencies
across the State have teamed up to provide increased enforcement during these peak
times.
.
Funded through the Texas Department of Transportation, these 'STEPIWAVE" grants
are part of the statewide campaign of "Drink, Drive, Go to Jail" as well as the National
Impaired Driving Mobilization Campaign. They are designed to provide additional law
enforcement officers during the traditional holiday seasons to increase DWU arrests and
make the roadways safer.
The Texas Department of Transportation has notified the Police Department that grant
funds have been allocated to reimburse law enforcement officers for overtime hours and
mileage costs incurred by the City of North Richland Hills while conducting additional
impaired driving enforcement under the 2007 STEPIWAVE 10M program. To receive
the grant funds the Texas Department of Transportation has required the City of North
Richland Hills enter into a grant agreement with the Texas Department of
Transportation.
The City of North Richland Hills agrees. to fund overtime for additional enforcement
targeting impaired drivers during four time periods, from December 22, 2006-January
02,2007, from March 09, 2007-March 19,2007, from June 29, 2007-July 05,2007, and
from August 17, 2007 -September 03, 2007. Each time period is referred to as a wave.
The projected number of additional man-hours spent targeting impaired driving is 384,
with a target of 64 additional arrests made for Driving While Intoxicated from December
22,2006 through September 03,2007.
The Police Department will seek reimbursement at the conclusion of each wave from
the Texas Department of Transportation for overtime and mileage costs incurred during
each wave. The maximum amount of the grant is $16,500.
The Police Department has provided limited additional enforcement hours targeting
impaired drivers in the past. Participation in this grant will allow the Police Department
to greatly increase the number of man-hours spent targeting impaired drivers.
e
·
The attached resolution will authorize application for the grant and appoint the City
Manager as the agent to act for the City relative to the grant.
Recommendation:
To approve Resolution No. 2006-107
·
·
.
RESOLUTION NO. 2006-107
.
WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply
for a STEPIWAVE-IDM grant and make appointments for the conduct of business
relative to the Grant; and
WHEREAS, The City Council of North Richland Hills finds it in the best interest of the
citizens of North Richland Hills to provide for additional enforcement hours targeting
impaired drivers from December 2006 through September 2007.
WHEREAS, The City Council of North Richland Hills finds that Christmas, New Years,
Spring Break, Fourth of July, and Labor Day are times of year when impaired driving
presents a greater danger to the citizens of North Richland Hills.
WHEREAS, The City Council of North Richland Hills agrees to fund overtime hours to
provide for this additional enforcement during these specified times, in anticipation of
reimbursement from the Texas Department of Transportation as set forth in the Grant
Agreement.
WHEREAS, The City Council of North Richland Hills designates City Manager Larry
Cunningham as the grantee's authorized official. The authorized official is given the
power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant
agency.
NOW THEREFORE BE IT RESOLVED, that the City Council of North Richland Hills
approves submission of the grant for the STEPIWAVE IDM program.
PASSED AND APPROVED this 11th day of December, 2006
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Jimmy Perdue, Chief of Police
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- For TxDOT Use Only -
[8] Federal Pass Through Misc. Contract 587XXF6132
Number:
Grant Funds CFDA #20.60.:L
D State Grant Funds
Charge Number: 070202B1 Bi
Project Year: N/A
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PIN (14 characters
only):
TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and
through the Texas Department of Transportation, hereinafter called the Department,
and City of North Richland Hills , hereinafter called
the Subgrantee, and becomes effective when fully executed by both parties. For the
purpose of this agreement, the Subgrantee is designated as a(n):
D State Agency D Non-Profit Organization
[8] Unit of Local Government D Educational Institution
D Other (describe):
AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967,
and the Highway Safety Plan for the following Fiscal Year(s) 2007.
Project Title: STEP - IDM
Brief Project Description: To conduct DWI enforcement Waves durina holiday periods
to increase DWI arrests and earned media activity as part of the statewide "Drink. Drive.
Go To Jail" campaian and in coniunction with the national Impaired Drivina Mobilization
campaian.
Grant Period: The Grant becomes effective on December 13.2006, or on the date of
final signature of both parties, whichever is later, and ends on SeDtember 30. 2007
unless terminated or otherwise modified.
Maximum Amount Eligible for Reimbursement: $16.500.
The following attachments are incorporated as indicated as a part of the Grant
Agreement:
· Attachment A, Mailing Addresses
· Attachment B, General Terms and Conditions (TxDOT Form 1854)
· Attachment C, Project Description (TxDOT Form 2076)
· Attachment D, Action Plan (TxDOT Form 1852)
· Attachment E, Project Budget (TxDOT Form 2077 or 2077-LE)
[8] Attachment F, Operational Plan (TxDOT Form 2109) (for Selective Traffic
Enforcement Program grants only)
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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
The signatory for the Subgrantee hereby represents and warrants that she/he is an
officer of the organization for which she/he has executed this agreement and that
she/he has full and complete authority to enter into this agreement on behalf of the
organization. At the time the signatory for the Subgrantee signs the Grant Agreement,
she/he will sign and submit to the Department a letter designating signature authority by
position title for grant-related documents other than the Grant Agreement or Grant
Agreement amendments. These other grant-related documents will include, but not be
limited to, the following: performance reports, final performance report and
administrative evaluation report, Requests For Reimbursement (RFRs), and routine
correspondence.
THE SUBGRANTEE
THE STATE OF TEXAS
City of North Richland Hills
[Legal Name of Agency]
Executed for the Executive Director and
approved for the Texas Transportation
Commission for the purpose and effect of
activating and/or carrying out orders,
established policies or work programs
approved and authorized by the Texas
Transportation Commission.
By
[Authorized Signature]
[Name]
By
[Title]
District Engineer
Texas Department of Transportation
Date:
[Name]
Under authority of Ordinance or
Resolution Number (for local
governments ):
[Title]
Date:
By
Director, Traffic Operations Division
Texas Department of Transportation
(Not required for local project grants
under $100,000.)
Date:
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Mailina Addresses
For the purpose of this agreement, the following addresses shall be used to mail all
required notices, reports, claims, and correspondence. (NOTE: For warrants
(checks), the address indicated by the electronic mail code, which is the last three digits
of the PIN on page 1 of this Grant Agreement, shall be used for disbursing payments. If
that address is not where the Subgrantee wants warrants or checks to be sent, the
Subgrantee needs to notify the Department of any appropriate changes.
For Subgrantee (Project Director):
Name: Sergeant Neal Maranto
Title: Traffic Sergeant
Organization
: North Richland Hills Police Department
Address: 7301 N. E. Loop 820
North Richland Hills, Tx 76180
Phone: 817-427-7209
Fax: 817-427-7226
E-mail: nmaranto@nrhtx.com
Note: Any change in the Subgrantee information in this Attachment A, Mailing
Addresses, does not require an amendment to the Grant Agreement. However, the
Subgrantee must submit a letter with the corrected information to the Department
address below within 15 days of the change.
For Texas Department of Transportation:
Name:
Title:
Organization
Address:
Phone:
Fax:
E-mail:
Attachment B
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Project Title: STEP IDM
Subgrantee: City of North Richland Hills
Texas Traffic Safety Program
GRANT AGREEMENT GENERAL TERMS ·AND CONDITIONS
ARTICLE 1. COMPLIANCE WITH LAWS
The Subgrantee shall comply with all federal, state, and local laws, statutes, codes,
ordinances, rules and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any matter affecting the performance of this
Agreement, including, without limitation, workers' compensation laws, minimum and
maximum salary and wage statutes and regulations, nondiscrimination laws and
regulations, and licensing laws and regulations. When required, the Subgrantee shall
furnish the Department with satisfactory proof of its compliance therewith.
ARTICLE 2. STANDARD ASSURANCES
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The Subgrantee hereby assures and certifies that it will comply with the regulations,
policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations),
Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A-11 0);
OMB Circular A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122;
OMB Circular A-133; and the Traffic Safety Program Manual, as they relate to the
application, acceptance, and use of federal or state funds for this project. Also, the
Subgrantee assures and certifies that:
A. It possesses legal authority to apply for the grant; and that a resolution, motion, or
similar action has been duly adopted or passed as an official act of the applicant's
governing body, authorizing the filing of the application, including all understandings
and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
B. It and its subcontractors will comply with TiUe VI of the Civil Rights Act of 1964
(Public Law 88-352), as amended, and in accordance with that Act, no person shall
discriminate, on the grounds of race, color, sex, national origin, age, religion, or
disability.
C. It will comply with requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC
(United States Code) §§4601 et seq.; and United States Department of
Transportation (USDOT) regulations, "Uniform Relocation and Real Property
Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which
provide for fair and equitable treatment of persons displaced as a result of federal
and federally assisted programs.
D. It will comply with the provisions of the Hatch Political Activity Act, which limits the
political activity of employees. (See also Article 25, Lobbying Certification.)
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E. It will comply with the federal Fair Labor Standards Act's minimum wage and
overtime requirements for employees performing project work.
F. It will establish safeguards to prohibit employees from using their positions for a
purpose that is or gives the appearance of being motivated by a desire for private
gain for themselves or others, particularly those with whom they have family,
business, or other ties.
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G. It will give the Department the access to and the right to examine all records, books,
papers, or documents related to this Grant Agreement.
H. It will comply with all requirements imposed by the Department concerning special
requirements of law, program requirements, and other administrative requirements.
I. It recognizes that many federal and state laws imposing environmental and resource
conservation requirements may apply to this Grant Agreement. Some, but not all, of
the major federal laws that may affect the project include: the National
Environmental Policy Act of 1969, as amended, 42 USC §§4321 et seq.; the Clean
Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the Federal
Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource
Conservation and Recovery Act, as amended, 42 USC §§6901 et seq.; and the
Comprehensive Environmental Response, Compensation, and Liability Act, as
amended, 42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S.
Environmental Protection Agency, USDOT, and other federal agencies have issued,
and in the future are expected to issue, regulation, guidelines, standards, orders,
directives, or other requirements that may affect this Project. Thus, it agrees to
comply, and assures the compliance of each contractor and each subcontractor,
with any such federal requirements as the federal government may now or in the
future promulgate.
J. It will comply with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in
communities where such insurance is available as a condition for the receipt of any
federal financial assistance for construction or acquisition purposes for use in any
area that has been identified by the Secretary of the Department of Housing and
Urban Development as an area having special flood hazards. The phrase "federal
financial assistance" includes any form of loan, grant, guaranty, insurance payment,
rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect
federal assistance.
K. It will assist the Department in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive
Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter
191 ).
L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no
officer, employee, or member of the Subgrantee's governing board or the
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Subgrantee's subcontractors shall vote or confirm the employment of any person
related within the second degree of affinity or third degree by consanguinity to any
member of the governing body or to any other officer or employee authorized to
employ or supervise such person. This prohibition shall not prohibit the employment
of a person described in Section 573.062 of the Texas Government Code.
M. It will ensure that all information collected, assembled, or maintained by the
applicant relative to this project shall be available to the public during normal
business hours in compliance with Chapter 552 of the Texas Government Code,
unless otherwise expressly provided by law.
N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which
requires all regular, special, or called meetings of governmental bodies to be open to
the public, except as otherwise provided by law or specifically permitted in the Texas
Constitution.
ARTICLE 3. COMPENSATION
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A. The method of payment for this Agreement will be based on actual costs incurred up
to and not to exceed the limits specified in Attachment E·, Traffic Safety Project
Budget. The amount included in the Project Budget will be deemed to be an
estimate only and a higher amount can be reimbursed, subject to the conditions
specified in paragraph B hereunder. If Attachment E, Traffic Safety Project Budget,
specifies that costs are based on a specific rate, per-unit cost, or other method of
payment, reimbursement will be based on the specified method.
B. All payments will be made in accordance with Attachment E, Traffic Safety Project
Budget.
The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the
approved Project Budget without a grant (budget) amendment, as long as the
overrun does not exceed a total of five (5) percent per year of the maximum amount
eligible for reimbursement (TxDOT) in the attached Project Budget for the current
fiscal year. This overrun must be off-set by an equivalent underrun elsewhere in the
Project Budget.
If the overrun is five (5) percent or less, the Subgrantee must provide written
notification to the Department prior to the Request for Reimbursement being
approved. This notification must be in the form of an attachment to the Request for
Reimbursement that covers the period of the overrun. This attachment must
indicate the amount, the percent over, and the specific reason(s) for the overrun.
Any overrun of more than five (5) percent of the amount eligible for reimbursement
(TxDOT) in the attached Project Budget requires an amendment of this Grant
Agreement.
The maximum amount eligible for reimbursement shall not be increased above the
Grand Total TxDOT Amount in the approved Project Budget, unless this Grant
Agreement is amended, as described in Article 5 of this Agreement.
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For Selective Traffic Enforcement Program (STEP) grants only: In Attachment E of
the Grant Agreement, Traffic Safety Project Budget (Form 2077-LE), Subgrantees
are not allowed to use underrun funds from the TxDOT amount of (100) Salaries,
Subcategories A, "Enforcement," or B, "PI&E Activities," to exceed the TxDOT
amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use
underrun funds from the TxDOT amount of (100) Salaries, Subcategories A,
"Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B,
"PI&E Activities." The TxDOT amount for Subcategory B, "PI&E Activities," or C,
"Other," can only be exceeded within the 5 percent flexibility, with underrun funds
from Budget Categories II or III.
C. To be eligible for reimbursement under this Agreement, a cost must be incurred in
accordance with Attachment E, Traffic Safety Project Budget, within the time frame
specified in the Grant Period on page 1 of this Grant Agreement, attributable to work
covered by this Agreement, and which has been completed in a manner satisfactory
and acceptable to the Department.
D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources.
The term "supplanting," refers to the use of federal or TxDOT funds to support
personnel or an activity already supported by local or state funds.
E. Payment of costs incurred under this Agreement is further governed by one of the
following cost principles, as appropriate, outlined in the Federal Office of
Management and Budget (OMB) Circulars:
· A-21 , Cost Principles for Institutions of Higher Education;
· A-a7, Cost Principles for State, Local, and Indian Tribal Governments; or,
. A-122, Cost Principles for Nonprofit Organizations.
F. The Subgrantee agrees to submit monthly or quarterly Requests for
Reimbursement, as designated in Attachment D, Action Plan, within thirty (30) days
after the end of the billing period. The Subgrantee will use billing forms acceptable
to the Department. The original Request for Reimbursement, with the appropriate
backup documentation, must be submitted to the Department address shown on
Attachment A, Mailing Addresses, of this Agreement. In addition, a copy of the
Request for Reimbursement and appropriate backup documentation, plus three (3)
copies of the Request for Reimbursement without backup documentation, must be
submitted to this same address.
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G. The Subgrantee agrees to submit the final Request for Reimbursement under this
Agreement within forty-five (45) days of the end of the grant period.
H. The Department will exercise good faith to make payments within thirty (30) days of
receipt of properly prepared and documented Requests for Reimbursement.
Payments, however, are contingent upon the availability of appropriated funds.
I. Project agreements supported with federal or TxDOT funds are limited to the length
of this Grant Period, which is specified on page 1 of this Grant Agreement. If the
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Department determines that the project has demonstrated merit or has potential
long-range benefits, the Subgrantee may apply for funding assistance beyond the
initial Agreement period. Preference for funding will be given to those projects for
which the Subgrantee has assumed some cost sharing, those which propose to
assume the largest percentage of subsequent project costs, and those which have
demonstrated performance that is acceptable to the Department.
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred hereunder is contingent upon the availability ·of funds. If at
any time during this Grant Period, the Department determines that there is insufficient
funding to continue the project, the Department shall so notify the Subgrantee, giving
notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement.
If at the end of a federal fiscal year, the Department determines that there is sufficient
funding and performance to continue the project, the Department may so notify the
Subgrantee to continue this agreement.
ARTICLE 5. AMENDMENTS
.
This Agreement may be amended prior to its expiration by mutual written consent of
both parties, utilizing the Grant Agreement Amendment designated by the Department.
Any amendment must be executed by the parties within the Grant Period, as specified
on page 1 of this Grant Agreement.
ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
If the Subgrantee is of the opinion that any assigned work is beyond the scope of this
Agreement and constitutes additional work, the Subgrantee shall promptly notify the
Department in writing. If the Department finds that such work does constitute additional
work, the Department shall so advise the Subgrantee and a written amendment to this
Agreement will be executed according to Article 5, Amendments, to provide
compensation for doing this work on the same basis as the original work. If
performance of the additional work will cause the maximum amount payable to be
exceeded, the work will not be performed before a written grant amendment is
executed.
If the Subgrantee has submitted work in accordance with the terms of this Agreement
but the Department requests changes to the completed work or parts thereof which
involve changes to the original scope of services or character of work under this
Agreement, the Subgrantee shall make such revisions as requested and directed by the
Department. This will be considered as additional work and will be paid for as specified
in this Article.
If the Subgrantee submits work that does not comply with the terms of this Agreement,
the Department shall instruct the Subgrantee to make such revisions as are necessary
to bring the work into compliance with this Agreement. No additional compensation
shall be paid for this work.
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The Subgrantee shall make revisions to the work authorized in this Agreement, which
are necessary to correct errors or omissions appearing therein, when required to do so
by the Department. No additional compensation shall be paid for this work.
The Department shall not be responsible for actions by the Subgrantee or any costs
incurred by the Subgrantee relating to additional work not directly associated with or
prior to the execution of an amendment.
ARTICLE 7. REPORTING AND MONITORING
Not later than thirty (30) days after the end of each reporting period, as designated in
Attachment D, Action Plan, the Subgrantee shall submit a performance report using
forms provided or approved by the Department. For short-term projects, only one report
submitted by the Subgrantee at the end of the project may be required. For longer
projects, the Subgrantee will submit reports at least quarterly and preferably monthly.
The frequency of the performance reports is established through negotiation between
the Subgrantee and the program or project manager.
For Selective Traffic Enforcement Programs (STEPs), performance reports must be
submitted monthly.
The performance report will include, as a minimum: (1) a comparison of actual
accomplishments to the objectives established for the period, (2) reasons why
established objectives and performance measures were not met, if appropriate, and (3)
other pertinent information, including, when appropriate, an analysis and explanation of
cost underruns, overruns, or high unit costs.
The Subgrantee shall submit the Final Performance and Administrative Evaluation
Report electronically within thirty (30) days after completion of the grant.
The Subgrantee shall promptly advise the Department in writing of events that will have
a significant impact upon this Agreement, including:
A. Problems, delays, or adverse conditions, including a change of project director or
other changes in Subgrantee personnel, that will materially affect the ability to attain
objectives and performance measures, prevent the meeting of time schedules and
objectives, or preclude the attainment of project objectives or performance measures
by the established time periods. This disclosure shall be accompanied by a
statement of the action taken or contemplated and any Department or federal
assistance needed to resolve the situation.
B. Favorable developments or events that enable meeting time schedules and
objectives sooner than anticipated or achieving greater performance measure output
than originally projected.
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ARTICLE 8. RECORDS
The Subgrantee agrees to maintain all reports, documents, papers, accounting records,
books, and other evidence pertaining to costs incurred and work performed hereunder,
(hereinafter called the records), and shall make such records available at its office for
the time period authorized within the Grant Period, as specified on page 1 of this Grant
Agreement. The Subgrantee further agrees to retain said records for four (4) years from
the date of final payment under this Agreement, until completion of all audits, or until
pending litigation has been completely and fully resolved, whichever occurs last.
Duly authorized representatives of the Department, the USDOT, the Office of the
Inspector General, Texas State Auditor, and the Comptroller General shall have access
to the records. This right of access is not limited to the four (4) year period but shall last
as long as the records are retained.
ARTICLE 9. INDEMNIFICATION
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To the extent permitted by law, the Subgrantee, if other than a government entity, shall
indemnify, hold, and save harmless the Department and its officers and employees from
all claims and liability due to the acts or omissions of the Subgrantee, its agents, or
employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify,
hold, and save harmless the Department from any and all expenses, including but not
limited to attorney fees, all court costs and awards for damages incurred by the
Department in litigation or otherwise resisting such claims or liabilities as a result of any
activities of the Subgrantee, its agents, or employees.
Further, to the extent permitted by law, the Subgrantee, if other than a government
entity, agrees to protect, indemnify, and save harmless the Department from and
against all claims, demands, and causes of action of every kind and character brought
by any employee of the Subgrantee against the Department due to personal injuries or
death to such employee resulting from any alleged negligent act, by either commission
or omission on the part of the Subgrantee.
If the Subgrantee is a government entity, both parties to this Agreement agree that no
party is an agent, servant, or employee of the other party and each party agrees it is
responsible for its individual acts and deeds, as well as the acts and deeds of its
contractors, employees, representatives, and agents.
ARTICLE 10. DISPUTES AND REMEDIES
This Agreement supercedes any prior oral or written agreements. If a conflict arises
between this Agreement and the Traffic Safety Program Manual, this Agreement shall
govern.
The Subgrantee shall be responsible for the settlement of all contractual and
administrative issues arising out of procurement made by the Subgrantee in support of
Agreement work.
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Disputes concerning performance or payment shall be submitted to the Department for
settlement, with the Executive Director or his or her designee acting as final referee.
ARTICLE 11. TERMINATION
This Agreement shall remain in effect until the Subgrantee has satisfactorily completed
all services and obligations described herein and these have been accepted by the
Department, unless:
· This Agreement is terminated in writing with the mutual consent of both parties;
or
· There is a written thirty (30) day notice by either party; or
· The Department determines that the performance of the project is not in the best
interest of the Department and informs the Subgrantee that the project is
terminated immediately.
The Department shall compensate the Subgrantee for only those eligible expenses
incurred during the Grant Period specified on page 1 of this Grant Agreement which are
directly attributable to the completed portion of the work covered by this Agreement,
provided that the work has been completed in a manner satisfactory and acceptable to
the Department. The Subgrantee shall not incur nor be reimbursed for any new
obligations after the effective date of termination.
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ARTICLE 12. INSPECTION OF WORK
The Department and, when federal funds are involved, the US DOT, or any authorized
representative thereof, have the right at all reasonable times to inspect or otherv/ise
evaluate the work performed or being performed hereunder and the premises in which it
is being performed.
If any inspection or evaluation is made on the premises of the Subgrantee or its
subcontractor, the Subgrantee shall provide and require its subcontractor to provide all
reasonable facilities and assistance for the safety and convenience of the inspectors in
the performance of their duties. All inspections and evaluations shall be performed in
such a manner as will not unduly delay the work.
ARTICLE 13. AUDIT
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The Subgrantee shall comply with the requirements of the Single Audit Act of 1984,
Public Law (PL) 98-502, ensuring that the single audit report includes the coverage
stipulated in OMS Circular A-133, "Audits of States, Local Governments, and Other
Non-Profit Organizations."
The state auditor may conduct an audit or investigation of any entity receiving funds
from the state directly under this Agreement or indirectly through a subcontract under
this Agreement. Acceptance of funds directly under this Agreement or indirectly through
a subcontract under this Agreement acts as acceptance of the authority of the State
Auditor, under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds.
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ARTICLE 14. SUBCONTRACTS
The Subgrantee shall not enter into any subcontract with individuals or organizations
not a part of the Subgrantee's organization without prior written concurrence with the
subcontract by the Department. Subcontracts shall contain all required provisions of
this Agreement. No subcontract will relieve the Subgrantee of its responsibility under
this Agreement.
ARTICLE 15. GRATUITIES
Texas Transportation Commission policy mandates that employees of the Department
shall not accept any benefit, gift, or favor from any person doing business with or who,
reasonably speaking, may do business with the Department under this Agreement. The
only exceptions allowed are ordinary business lunches and items that have received the
advanced written approval of the Department's Executive Director.
Any person doing business with or who reasonably speaking may do business with the
Department under this Agreement may not make any offer of benefits, gifts, or favors to
Department employees, except as mentioned here above. Failure on the part of the
Subgrantee to adhere to this policy may result in termination of this Agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Subgrantee, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any company or person, other
than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any
other consideration contingent upon or resulting from the award or making of this
Agreement. If the Subgrantee breaches or violates this warranty, the Department shall
have the right to annul this Agreement without liability or, in its discretion, to deduct from
the Agreement price or consideration, or otherwise recover the full amount of such fee,
commission, brokerage fee, contingent fee, or gift.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest that
would in any way interfere with its or its employees' performance or which in any way
conflicts with the interests of the Department. The Subgrantee shall exercise reasonable
care and diligence to prevent any actions or conditions that could result in a conflict with
the Department's interests.
ARTICLE 18. SUBGRANTEE'S RESOURCES
The Subgrantee certifies that it presently has adequate qualified personnel in its
employment to perform the work required under this Agreement, or will be able to obtain
such personnel from sources other than the Department.
All employees of the Subgrantee shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of the Subgrantee
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who, in the opinion of the Department, is incompetent or whose conduct becomes
detrimental to the work, shall immediately be removed from association with the project.
Unless otherwise specified, the Subgrantee shall furnish all equipment, materials,
supplies, and other resources required to perform the work.
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
The Subgrantee shall establish and administer a system to procure, control, protect,
preserve, use, maintain, and dispose of any property furnished to it by the Department
or purchased pursuant to this Agreement in accordance with its own property
management procedures, provided that the procedures are not in conflict with the
Department's property management procedures or property management standards
and federal standards, as appropriate, in:
· 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments," or
· 49 CFR, Part 19 (OMB Circular A-11 0), "Uniform Administrative Requirements
for Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Nonprofit Organizations."
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTEllECTUAL PROPERTY
.
Upon completion or termination of this Grant Agreement, whether for cause or at the
convenience of the parties hereto, all finished or unfinished documents, data, studies,
surveys, reports, maps, drawings, models, photographs, etc. prepared by the
Subgrantee, and equipment and supplies purchased with grant funds shall, at the option
of the Department, become the property of the Department. All sketches, photographs,
calculations, and other data prepared under this Agreement shall be made available,
upon request, to the Department without restriction or limitation of their further use.
A. Intellectual property consists of copyrights, patents, and any other form of intellectual
property rights covering any data bases, software, inventions, training manuals,
systems design, or other proprietary information in any form or medium.
B. All rights to Department. The Department shall own all of the rights (including
copyrights, copyright applications, copyright renewals, and copyright extensions),
title and interests in and to all data, and other information developed under this
contract and versions thereof unless otherwise agreed to in writing that there will be
joint ownership.
C. All rights to Subgrantee. Classes and materials initially developed by the
Subgrantee without any type of funding or resource assistance from the Department
remain the Subgrantee's i,ntellectual property. For these classes and materials, the
Department payment is limited to payment for attendance at classes.
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ARTICLE 21. SUCCESSORS AND ASSIGNS
The Department and the Subgrantee each binds itself, its successors, executors,
assigns, and administrators to the other party to this Agreement and to the successors,
executors, assigns, and administrators of such other party in respect to all covenants of
this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and
obligations in this Agreement without written consent of the Department.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
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A. Compliance with regulations: The Subgrantee shall comply with the regulations
relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR,
Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60-74, as they may be amended
periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to
comply with Executive Order 11246, entitled "Equal Employment Opportunity," as
amended by Executive Order 11375 and as supplemented by the U.S. Department
of Labor regulations (41 CFR, Part 60).
B. Nondiscrimination: The Subgrantee, with regard to the work performed during the
period of this Agreement, shall not discriminate on the grounds of race, color, sex,
national origin, age, religion, or disability in the selection and retention of
subcontractors, including procurements of materials and leases of equipment.
C. Solicitations for subcontracts, including procurement of materials and equipment: In
all solicitations either by competitive bidding or negotiation made by the Subgrantee
for work to be performed under a subcontract, including procurements of materials
and leases of equipment, each potential subcontractor or supplier shall be notified
by the Subgrantee of the Subgrantee's obligations under this Agreement and the
regulations relative to nondiscrimination on the grounds of race, color, sex, national
origin, age, religion, or disability.
D. Information and reports: The Subgrantee shall provide all information and reports
required by the regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the Department or the USDOT to be pertinent to ascertain
compliance with such regulations or directives. Where any information required of
the Subgrantee is in the exclusive possession of another who fails or refuses to
furnish this information, the Subgrantee shall so certify to the Department or the US
DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has
made to obtain the requested information.
E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with
the nondiscrimination provision of this Agreement, the Department shall impose
such sanctions as it or the US DOT may determine to be appropriate.
F. Incorporation of provisions: The Subgrantee shall include the provisions of
paragraphs A. through E. in every subcontract, including procurements of materials
and leases of equipment, unless exempt by the regulations or directives. The
Subgrantee shall take such action with respect to any subcontract or procurement as
.
.
the Department may direct as a means of enforcing such provIsions, including
sanctions for noncompliance. However, in the event a Subgrantee becomes
involved in, or is threatened with litigation with a subcontractor or supplier as a result
of such direction, the Subgrantee may request the Department to enter into litigation
to protect the interests of the state; and in addition, the Subgrantee may request the
United States to enter into such litigation to protect the interests of the United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE
.
It is the policy of the Department and the USDOT that Disadvantaged Business
Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in
the performance of agreements financed in whole or in part with federal funds.
Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26,
apply to this Agreement as follows:
· The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as
defined in 49 CFR Part 26, have the opportunity to participate in the performance
of agreements and subcontracts financed in whole or in part with federal funds.
In this regard, the Subgrantee shall make good faith efforts in accordance with 49
CFR Part 26, to insure that Disadvantaged Business Enterprises have the
opportunity to compete for and perform agreements and subcontracts.
· The Subgrantee and any subcontractor shall not discriminate on the basis of
race, color, sex, national origin, or disability in the award and performance of
agreements funded in whole or in part with federal funds.
These requirements shall be included in any subcontract.
Failure to carry out the requirements set forth above shall constitute a breach of this
Agreement and, after the notification of the Department, may result in termination of this
Agreement by the Department, or other such remedy as the Department deems
appropriate.
ARTICLE 24. DEBARMENT/SUSPENSION
A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its
principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency;
2. Have not within a three (3) year period preceding this Agreement been convicted
of or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing
a federal, state, or local public transaction or contract under a public transaction;
violation of federal or state antitrust statutes; or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
.
.
.
.
3. Are not presently indicted or otherwise criminally or civilly charged by a federal,
state, or local governmental entity with commission of any of the offenses
enumerated in paragraph A. 2. of this Article; and
4. Have not, within a three (3) year period preceding this Agreement, had one or
more federal, state, or local public transactions terminated for cause or default.
B. Where the Subgrantee is unable to certify to any of the statements in this Article,
such Subgrantee shall attach an explanation to this Agreement.
C. The Subgrantee is prohibited from making any award or permitting any award at any
tier to any party which is debarred or suspended or otherwise excluded from or
ineligible for participation in federal assistance programs under Executive Order
12549, Debarment and Suspension.
D. The Subgrantee shall require any party to a subcontract or purchase order awarded
under this Grant Agreement to certify its eligibility to receive federal grant funds, and,
when requested by the Department, to furnish a copy of the certification.
ARTICLE 25. LOBBYING CERTIFICATION
The Subgrantee certifies to the best of his or her knowledge and belief that:
A. No federally appropriated funds have been paid or will be paid by or on behalf of the
Subgrantee to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the party to this Agreement shall complete and
submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
C. The Subgrantee shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
.
.
.
ARTICLE 26. CHILD SUPPORT STATEMENT
Unless the Subgrantee is a governmental or non-profit entity, the Subgrantee certifies
that it either will go to the Department's website noted below and complete the Child
Support Statement or already has a Child Support Statement on file with the
Department. The Subgrantee is responsible for keeping the Child Support Statement
current and on file with that office for the duration of this Agreement period. The
Subgrantee further certifies that the Child Support Statement on file contains the child
support information for the individuals or business entities named in this grant. Under
Section 231.006, Family Code, the Subgrantee certifies that the individual or business
entity named in this Agreement is not ineligible to receive the specified grant or payment
and acknowledges that this Agreement may be terminated and payment may be
withheld if this certification is inaccurate.
The form for the Child Support Statement is available on the Internet at:
http://www.dat.state.tx.us/cso/default.htm .
December 7, 2006
Mr. Joel Mallard
Traffic Safety Program Administrator
Texas Department of Transportation
P.O. Box 6868
Fort Worth, Texas 76115
PDL#
Dear: Mr. Mallard:
The purpose of this letter is to inform you of our ability to comply with several
requirements of the IDM grant process.
The City of North Richland Hills Police Department requires that all employees, when
operating city-owned vehicle are required to use safety belts. This requirement is
codified in General Order 707.04 F.
Additionally, overtime will be paid to Officers participating in this project will be paid in
accordance with the city overtime policy, as stated in Chapter 9, Section II of The City of
North Richland Hills Personnel Policy and Procedures Manual.
Further the North Richland Hills Police Department has four Drug Recognition Experts
available for evaluations. General Order 311.12 outlines the procedure for utilization of
the Drug Recognition Expert. Currently, 95 percent of Officers assigned to patrol and
.
.
.
traffic are HGN/SFST certified. All Officers wishing to participate in the grant must be
HGN/SFST certified. Further, this agency will conduct HGN/SFST Update training prior
to the implementation of the grant.
.
*
I:. Texas
Department
of Transportation
Form 1852-LE (rev.
10/17/2006)
PROJECT TITLE: STEP - IDM
SUBGRANTEE: City of North Richland Hills
OBJECTIVE: To complete administrative and general grant requirements
by September 30, 2007, as defined below:
ACTION PLAN
FY 2007
Attachment D
.
.
KEY:
p = planned activity
c = completed activity
r = revised
.
.
.
PROJECT MONTH
ACTIVITY RESPONSI OC NO DE JA FE MR AP MY IN Jl AU SE OC NO
BlE
1. Submit letter regarding Subgrantee P
siQnature authority.
2. Submit operational cost Subgrantee P
per vehicle mile (If
applicable ).
3. Hold Grant delivery Department P
meetinQ.
4. Attend TxDOT Project Subgrantee N 0 T A P P L I C A 8 L E
Management Course
5. Submit Performance Subgrantee P P P
Reports.
6. Submit Requests for Subgrantee
Reimbursement.
7. Submit Final Subgrantee P
Performance Report
and Administrative
Evaluation Report.
8. Hold Grant progress Subgrantee P
review meeting. & Dept.
9. Conduct on-site Department P P
monitoring visit.
10. Submit documentation Subgrantee P
of any grant-required
training (if applicable).
11. Conduct enforcement. Subgrantee P P P P P P P
.
.
.
*
A Texas
Department
of Transportation
Attachment D
Form 1852-LE (rev.
10/17/2006)
PROJECT TITLE: STEP - IDM
SUBGRANTEE: City of North Richland Hills
ACTION PLAN
FY 2007
KEY:
p = planned activity
c = completed activity
r = revised
OBJECTIVE: To support grant efforts with a public information and education
(PI&E) program by SeDtember 30. 2007 as defined below:
rvlodify thE:se activitìes as PROJECT MONTH
eI, r'- r~ Id It::
ACTIVITY RESPONSIBLE OC NO DE JA FE MR AP MY IN JL AU SE OC NO
1. Determine types of Subgrantee
materials needed.
2. Develop proposed Subgrantee
materials.
3. Submit proposed Subgrantee
materials and the
PI&E plan to the
Department for
approval.
4. Approve materials and Department
plan.
5. Prod uce/d istribute Subgrantee
materials.
6. Maintain records of all Subgrantee P P P P P P P P P P
PI & E material
received/d istributed.
7. Conduct Subgrantee
presentations.
8. Conduct media Subgrantee P P P P P P P
exposures (e.g., news
conferences, news
releases, and
interviews)
9. Conduct community Subgrantee
events (e.g., health
fairs, booths).
.
-k
A Texas
De".rtment
of Transportation
Form 2077-LE (rev.
8/12/2004 )
Page 1 of 246
Attachment E
Traffic Safety Project Budget
(for Law Enforcement Projects)
Project Title: STEP - IDM
Name of Subgrantee: City of North Richland Hills
Fiscal Year: 2007
.
D Check here if this is a revised budget.
Date Revised:
Budget Category I - labor Costs
(100) Salaries
~ Overtime or D Regular Time
Salary rates are estimated for budget purposes
only. Reimbursements will be based on actual
costs per employee in accordance with
Subgrantee's payroll policy and salary rate.
List details:
A. Enforcement (overtime)
1. Officers/Deputies: 340.00 hrs. @ $36.07 per hr.
2. Sergeants: 44.00 hrs. @ $46.20 per hr.
3. Lieutenants: 0.00 hrs. @ $0.00 per hr.
B. PI&E Activities (overtime)
See Grant Instructions.
_ hrs. @ $_ per hr.
C. Other (i.e., overtime staff, supervisory support,
conducting surveys)
See Grant Instructions.
Specify: Grant Administration
28.00 hrs. @ $924.00 per hr.
Total Salaries.......................................................
(200) Fringe Benefits *
Specify fringe rates:
A. Overtime: %
B. Part-Time: 0¡fo
(Round figures to nearest dollar)
Other/
State/Lo
TxDOT cal TOTAL
12,263
2,032
o
12,263
2,032
o
o
1 ,293
15,588
1,293
15,588
o
o
o
· Budget Detail Required: As an attachment to the budget, a justification and a detailed cost breakdown is required
for all costs included for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500),
Contractual Services (600), Other Miscellaneous (700), and Indirect Cost Rate (800)
.
.
.
.
Fiscal Year: 2007
D Check here if this is a revised budget.
Date Revised:
C. Regular Time: 0/0
T ota I F ri n 9 e Be n efi ts ..........................................
I. Total Labor Costs (100 + 200)..............................
(Round figures to nearest dollar)
Other/
State/La
cal
TxDOT
o
15,588
o
o
TOTAL
o
o
15,588
.
Fiscal Year: 2007
.
D Check here if this is a revised budget.
Date Revised:
Budget Category II - Other Direct Costs
(300) Travel*
Reimbursements will be in accordance with
Subgrantee's travel policy. Subgrantee must bill
for actual travel expenses - not to exceed the
limits reimbursable under state law.
A. Travel and Per Diem (includes conferences,
training workshops, and other non-
enforcement travel) . . . .. . . . .. . . . . ... . . .. . . . . ... . . .. . . .. . .. . . . .
B. Subgrantee Enforcement Vehicle Mileage:
Rates used only for budget estimate.
Reimbursement will be made according to the
approved subgrantee's average cost per mile
to operate patrol vehicles, not to exceed the
applicable state mileage reimbursement rate
as established by the Legislature in the travel
provisions of the General Appropriations Act.
Documentation of cost per mile is required
prior to reimbursement.
1.890.00 miles @ $0.4450 per mile....................
Total Travel..........................................................
(400) Equipment * .................................................
( 500) Sup plies * ....................................................
(600) Contractual Services*................................
(700) Other Miscellaneous*
A. Registration fees (training, workshops, conferences, etc.).....
B. Public information & education (PI&E)
mat e ri a Is. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1. Educational items = $_
(eg.: brochures, bumper stickers, posters,
fliers, etc.)
2. Promotional items = $_
(eg.: key chains, magnets, pencils, pens,
mugs, etc.)
(Round figures to nearest dollar)
Other/
State/Lo
TxDOT cal TOTAL
o
854 854
854 0 854
0
0
0
0
0
* Budget Detail Required: As an attachment to the budget, a justification and a detailed cost breakdown is required
for all costs included for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500),
Contractual Services (600), Other Miscellaneous (700), and Indirect Cost Rate (800)
.
.
Fiscal Year: 2007
D Check here if this is a revised budget.
Date Revised:
C. Oth e r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Total Other Miscellaneous .................................
II. Total Other Direct Costs (300 + 400 + 500 +
600 + 700) .................................................................
Budget Category III - Indirect Costs
(800) Indirect Cost Rate* (at _0/0)...................
Summary:
Total Labor Costs... .............................................,
Total Other Direct Costs .....................................,
Total Ind irect Costs.............................................,
G ra n d T ota I (I + II + III) ... .. .. .... ... .. ... ........ ... ........... . .......'
Fund Sources (Percent Share) ............................,
. Project Title: STEP -IDM
Name of Subgrantee: City Of North Richland Hills
(Round figures to nearest dollar)
Other/
State/Lo
TxDOT cal TOTAL
0
0 0 0
854 0 854
0
15,588 0 15,588
854 0 854
0 0 0
16,442 0 16,442
100.000/0 0.000/0
Attachment C
Traffic Safety Project Description
OBJECTIVES:
The Objectives of this grant are to accomplish the following by September 30, 2007:
_____..u.__....___.....u......__...__.._u.___.hn_.. _____nn_..__u__.nU"...._n.._.nu__...o.._..... on__" ....... .n... _.. _..... _ _..... hh. _ __ _.__._.__u._....._.._...~___. ....._.. ............. ...... hu_'.n_._._.._..._ nnn ...u......un..u......._h."... _ __...n.n..~_. .........UU_n.__.._......
, Target _
I Number I
~
Objectives/Performance Measures
Number and type citations/arrests to be issued under STEP
Christmas/New Year's (December 22, 2006 - Jan. 2, 2007)
1. Number of OWl arrests to be made during the Christmas/New
Year's DWI Operation
Spring Break (March 9 - 19, 2007)
2. Number of OWl arrests to be made during the Spring Break
OWl Operation
Independence Day. (June 29 - July 5, 2007)
3. Number of OWl arrests to be made during the Independence
Day OWl Operation
.."........,..,.......~~þor Day (August 17 ~ Sept~,~.þ,~,~...~..~ 20q,?) ...,....,...........,...,...
~ A.
...---
.
¡ _..·..·..,,_·_~·;_·,,·""..".."1
.......................................................
- .
16
......................................................"
¡"""'."'."'''''''....''''''''''''''''''...'''''''''¡
I .
¡
¡ 11 !
.
......................,.................................
.
Target
Objectives/Peñormance Measures Number:
4. Number of DWI arrests to be made during the Labor Day DWI t
_ __ _ _º~~~~!!~ ~ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ u _ __ _ _ _ _ _ _ _. _. _ _ _ _ _ _ _. _ __. _ __ _ _ _ __ _ _ __ _ _ _ _ __ _ _ _ __ _ _ _ __ __ __ _ _ j 20
B. Total Number of Enforcement Hours for Entire Grant Period 384
C. Complete administrative and general grant requirements as
defined in the Action Plan, Attachment D.
. n_ _. .~___~ .._. __n_...~..h_...__~.._,..,..-
1. Submit the following number of Performance Reports, including -
the Final Performance Report and Administrative Evaluation
_ '__'d_____ ,_____ R ~_e.~_~~____,_,___________,_,_._____._,_,__,__,___,_._'_____'_'__'___'_____,__.__,___,_______,___,_,________,________- __ " __ __ ,. ~ __ __ __ ,. __ .. __.
2. Submit the following number of Requests for Reimbursement 4
D. Support grant enforcement efforts with public information and
education (PI&E) as defined in the Action Plan, Attachment D.
1. Conduct a minimum of one (1) presentation for each DWI
operation period.
2. Conduct a minimum of two (2) media exposures (e.g., news
conferences, news releases, and interviews) for each DWI
Operation period.
3. Conduct a minimum of one (1) community event (e.g., health
fair, traffic safety booth) during the grant period
4. Produce the following number of public information and
education materials if applicable.
5. Distribute the following number of public information and
;.,_'"_..'"_.......................~.~.~.~~.~.~.9..~.....~.~.~~.~.~..~..~.~.....~.!....~.P.P.~..~.~.~..~..~.~..:.......................................................................................................................................................................................................................................;
........................................................
......................................
2
. . . ...... ....... .
1
.....................................
1 OOmmml
.......................................
.
.
NOTE:
Nothing in this agreement shall be interpreted as a requirement, formal or informal, that
a peace officer issue a specified or predetermined number of citations in pursuance of
the Subgrantee's obligations hereunder.
In addition to the STEP enforcement activities, the subgrantee must maintain baseline
non-STEP funded citation and arrest activity due to the prohibition of supplanting.
.
RESPONSIBiliTIES OF THE SUBGRANTEE:
Carry out the obiectives and performance measures of this arant by implementina
all activities in the Action Plan. Attachment D.
The Obiectives/Performance Measures shall be included in each Performance
Report and summarized in the Final Performance and Administrative
Evaluation Report.
Submit all reauired reports to the Department fully completed with the most current
information. and within the reauired times. as defined in Article 3 and Article
7 of the General Terms and Conditions. Attachment B of this Grant
Aareement. This includes reportina to the Department on proaress.
achievements. and problems in periodic performance reports. All reauired
documents must be accurate. Inaccurate documents will delay any related
Reauests for Reimbursement. The Subarantee must complete and submit
all Performance and Annex Report data on the Buckle Up Texas Website
(www.buckleuptexas.com) no later than twenty (20) days after each
reportina period.
A Final Performance and Administrative Evaluation Report summarizina all
activities and accomplishments will be submitted to the Department
electronically via the Buckle Up Texas Website no later than thirty (30) days
after the arant endina date.
Attend meetinas accordina to the followina:
The Subgrantee will arrange for meetings with the Department, as
indicated in the Action Plan, to present status of activities and to
discuss problems and the schedule for the following quarter's
work.
The project director or other appropriate, qualified persons will be
available to represent the Subgrantee at meetings requested by
the Department.
When applicable. all newlv developed public information and edu,cation (PI&E)
materials must be submitted to the Department for written approval prior to
final production. Refer to the Traffic Safety Proaram Manual reaardina PI&E
procedures. The manual is located at
http://manuals.dot.state.tx.us/docs/coltraff/torms/ttc. pdt.
.
.
For out of state travel expenses to be reimbursable. the Subarantee must have
obtained the written approval of the Department prior to the beainnina of the
trip. Grant approval does not satisfv this reQuirement. For Department
district-manaaed arants. the Subarantee must have written Department
district aPDroval for travel and related expenses if outside of the district
boundaries.
Maintain verification that all expenses. includina waaes or salaries. for which
reimbursement is reQuested is for work exclusivelv related to this proiect.
Ensure that this arant will in no wav supplant (replace) funds from other sources.
Supplantina refers to the use of federal funds to support personnel or anv
activitv alreadv supported bv local or state funds.
The Subarantee should have a safetv belt use Dolicv. If the Subarantee does not
have a safetv belt use Dolicv in Dlace. a policv should be implemented durina
the arant vear.
Carrv out the obiectives of this arant bv implementina the Operational Plan.
Attachment F of this Grant Aareement.
Ensure that each officer workina on the STEP proiect will complete an officer's
dailv report form. The form should include: name. date. badae or
identification number. tvpe of arant worked. arant site number. mileaae (if
aDPlicable) (includina startina and endina mileaae). hours worked. tvpe of
citation issued or arrest made. officer and supervisor sianatures.
Ensure that no officer above the rank of Lieutenant (or eQuivalent title) will be
reimbursed for enforcement dutv. unless the Subarantee received specific
written authorization from the Department (TxDOT) prior to incurrina costs.
Support arant enforcement efforts with public information and education (PI&E).
Salaries beina claimed for PI&E activities must be included in the budaet.
Subarantees with a traffic unit will utilize traffic personnel for this arant. unless
such personnel are unavailable for assianment.
Subarantee mav work additional STEP enforcement hours on holidavs or special
events not covered under the Operational Plan. However. additional work
must be aDProved in writina bv the Department prior to enforcement.
Additional hours must be reDorted in the Performance ReDort for the time
period for which the additional hours were worked.
If an officer makes a STEP-related arrest durina the shift. but does not complete
the arrest before the shift is scheduled to end. the officer can continue
workina under the arant to complete that arrest.
.
-
.
At the time the sianatorv for the Subarantee sians the Grant Aareement. provide a
letter to the Decartment from the enforcement aaencv head. trainina officer.
or authorized individual certifvina that the officers workina DWI enforcement
are. or will be. trained in the National Hiahwav Traffic Safety
Administration/International Association of Chiefs of Police Standardized
Field Sobriety Testina (SFST). In the case of a first year subarantee. the
officers must be trained. or scheduled to be SFST trained. bv the end of the
arant Year. For second or subseQuent year arants. all officers workina DWI
enforcement must be SFST trained.
The Subarantee should have a crocedure in place for contactina and usina drua
recoanition excerts (DREs) when necessary.
The Subarantee is encouraaed to use the DWI On-line Recortina System available
throuah the Buckle Uc Texas Web site at www.buckleuctexas.com.
.
RESPONSIBILITIES OF THE DEPARTMENT:
Monitor the Subarantee's comcliance with the performance obliaations and fiscal
reQuirements of this Grant Aareement usina appropriate and necessary
monitorina and inspections. includina but not limited to:
review of periodic reports
physical inspection of project records
telephone conversations
e-mails and letters
meetings.
Provide proaram manaaement and technical assistance.
Attend appropriate meetinas.
Reimburse the Subarantee for all eliaible costs as defined in the Traffic Safety
Proiect Budaet. Attachment E. ReQuests for Reimbursement will be
croèessed uc to the maximum amount payable as indicated on the cover
caae of the Grant Aareement.
Perform an administrative review of the proiect at the close of the arant ceriod to
include a review of adherence to the Action Plan. Attachment D and the
Traffic Safety Proiect Budaet. Attachment E. and attainment of proiect
obiectives.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Police
Presented by: Jimmy Perdue
Council Meeting Date: 12-11-2006
Agenda No. F.6
Subject: GN 2006-112 Ordinance Requiring Burglar Alarm Permit - Ordinance No.
2915
The City of North Richland Hills Police Department responds to all burglar alarms
reported to the emergency dispatch center. As is common in most cities, the alarm calls
that our officers respond to are typically false in nature. During fiscal year 2005/06, the
Police Department responded to 3,955 audible and silent burglar alarms. Of these
burglar alarms, 98.20/0 were found to be false or were cancelled before an officer arrived
on the scene. Statistics also show that police officers spent approximately 728 hours
and dispatchers spent approximately 851 hours handling these false alarm calls. This
places a drain on our resources and limits the Police Department's ability to work on the
issues our community expects of us.
.
The City does not currently require permits for burglar alarms nor are fees assessed for
false alarms. Many cities assess fees and fines for false alarms to recoup a portion of
the operating costs and attempt to reduce the number of faulty systems and/or negligent
use of systems in their jurisdictions. Typically, cities that charge for false burglar alarms
also require residences and businesses to permit their alarm systems and annually
renew such permits through an annual fee. Eleven area cities were surveyed and all
those cities require permits for residential and commercial burglar alarms. The permit
fees range from a minimum of $20 to a maximum of $50 annually.
City False Alarm Fee Permit Fee & Duration
Arlington Yes $50.00 annually
Bedford Yes $50.00 Res. Annually $100.00 Bus. annually
New Alarm Fee Yearly Renewal Fee
Carrollton Yes $35.00 Business $20 Business
$30.00 Residence $15 Residence
Dallas Yes $50 annuallv
Denton Yes $20.00 annually
Duncanville Yes $35.00 annually
Residential Commercial
Euless Yes $50.00 1 Time Fee $50 Annually
Fort Worth Yes $50 annually
.
. $25.00 annually
Grapevine Yes
(Banks w/direct line to PD - $300.00)
Haltom City Yes $25.00 Res. annually
$50.00 Bus. annually
Hurst Yes $25.00 Res. annually
$50.00 Bus. annually
Irving Yes $50.00 annually
Keller Yes $50 one time fee
Lewisville Yes $50.00 annually
In order for the City to require permits for burglar alarms and assess fees for false
alarms, an ordinance would need to be developed and a system would need to be put in
place to issue permits, track false alarms and collect fees for permits and false alarms.
Attached is an ordinance that creates a new Chapter 9 for the implementation of a
burglar alarm permit program.
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Based on the comments made about the draft copy there were two sections modified in
this final copy. Sec. 9-5(a) was changed from 30 days to 90 days to allow for adequate
time to capture the data and get the program operational. Sec. 9-5(i) was changed to
lower the cost of both the permit and renewal fee. The draft copy had both at $50 while
the final proposed ordinance takes a more grad~ated scale of fees.
New permits
(a) $50 commercial
(b) $20 residential
Annual renewal permits
(a) $25 commercial
(b) $1 0 residential
Senior Rate (residential only)
(a) Permit Fee Ten dollars ($10)
(b) Renewal Fee Ten dollars ($10)
to qualify for the senior rate the permit holder must be 65 years of age or
older, listed as the property owner or lessee and must have the alarm
contract in their name.
This ordinance was presented in draft form at the last Council Meeting and is now being
brought forward for Council approval.
Recommendation:
Approve Ordinance No. 2915
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.NRH
ORDINANCE NO. 2915
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS, REGULATING ALARM
BUSINESSES, SYSTEMS AND USERS BY ADDING A NEW CHAPTER
9 CONTAINING DEFINITIONS, REGULATIONS FOR NEW ALARM
SYSTEMS, ALARM FEES, PERMIT DURATION, RECORD KEEPING
REQUIREMENTS, SERVICE FEES; PROVIDING AN EFFECTIVE DATE;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND
PROVIDING A SEVERABILITY CLAUSE.
WHEREAS, the City of North Richland Hills desires to amend the Code of Ordinances
of the City of North Richland Hills.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS:
Section 1. That the North Richland Hills Code Ordinances is hereby amended by
adding a new Chapter 9 which shall read as follows:
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"Chapter 9 Alarm Business Systems, and Users
Sec. 9-1. Purpose.
The purpose of this chapter is to provide minimum standards and regulations applicable
to alarm systems, alarm businesses, and alarm users as defined in this chapter and to
encourage alarm businesses and alarm users to assure the proper operation of security
alarm systems and to significantly reduce or eliminate false alarm notification requests
made to the Police Department.
Sec. 9-2. Disclaimer.
The permit requirements and regulations set forth in this chapter in no way constitute an
endorsement of any business or of the concept of alarm systems as a positive aid to law
enforcement, and do not obligate City of North Richland Hills emergency personnel to
response in any manner to any notification as a result of a summons based on an alarm
system.
The fact of emergency personnel response(s) to one or more alarm system notifications
in no way is to be construed as the policy of the City of North Richland Hills or the intent
of this chapter. The establishment of such policy by this chapter is expressly denied.
Sec. 9-3. Administration and Funding
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(a)
(b)
Responsibility for administration of this Chapter is vested with the Chief of Police.
The Chief of Police may designate an Alarm Administrator to carry out the duties
and functions described in this Chapter.
(c) Monies generated by permit fees assessed pursuant to this Chapter shall be
dedicated for use by the Department directly for administration of the alarm
program and for recovery of general police services lost to false alarm response.
(d) The Alarm Administrator conducts an annual evaluation and analysis of the
effectiveness of this Chapter and identifies and implements system
improvements, as warranted.
Sec. 9-4. Definitions.
(a) Alarm Administrator means a Person or Person designated by the Chief of
Police to administer, control and review False Alarm reduction efforts and
administers the provisions of this Ordinance.
(b)
Alarm Installation Company means a Person in the business of selling,
providing, maintaining, servicing, repairing, altering, replacing, moving or
installing an Alarm System in an Alarm Site. This definition shall also include
individuals or firms that install and service the Alarm Systems that will be used in
their private or proprietary facilities. This does not include persons doing
installation or repair work where such work is performed without compensation of
any kind (Le., "do-it-yourselfers").
(c) Alarm System means a device or system that emits, transmits, or relays a signal
intended to summon, or that would reasonably be expected to summon,
emergency personnel of the city, including but no limited to, local alarms. Alarm
system does not include:
(1) An alarm installed on a motor vehicle;
(2) Any device or system designed solely to detect or give notice of fire,
smoke, or water flow;
(3) An alarm system designed solely to alert the occupants of a building or
residence which will not emit a signal either audible or visible from outside
the building or residence.
(4) An alarm system that is a personal emergency response system as
defined by Sec. 781.001, Texas Health and Safety Code designed only to
permit the person to signal the occurrence of a medical or personal
emergency and not part of a combination of alarm systems that includes a
burglar alarm or fire alarm.
(d) Alarm Notification Request means a communication intended to summon
emergency personnel, which is designed either to be initiated purposely or by the
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person or by an alarm system that responds to a stimulus characteristic of
unauthorized intrusion.
(e)
Alarm Site means a single premises or location (one street address) served by
an alarm system or systems. An alarm site will include a multiunit dwelling where
the owner of such dwelling provides or makes available an alarm system for his
tenants then for purposes of the issuance of a permit, each tenant shall obtain a
separate alarm permit for their respective unit.
(f)
Alarm System User means a person who owns or controls the premises upon
which an alarm system is located.
(g)
Local Alarm means an alarm system that emits a signal at an alarm site that is
audible or visible from the exterior of a structure.
(h)
Chief means the chief of police of the City of North Richland Hills or his
representative.
(i)
False Alarm Notification means the activation of an alarm system that results in
notification to city emergency personnel, and response by emergency personnel
at a time when the responding personnel find no evidence of unauthorized
intrusion, robbery, attempted robbery, or any other violation that the alarm
system was intended to report.
U)
Alarm Permit Holder means a person who has received an alarm system
permit, as required by this chapter.
(k) Person means an individual, corporation, partnership, association, organization,
or similar entity.
(I) Special Trunk Line means a telephone line leading into the communications
center of the police or fire department that is for the primary purpose of receiving
alarm notifications.
(m) Emergency Personnel means police personnel or fire personnel of the City of
North Richland Hills.
(n) Monitoring means the process by which a Monitoring Company receives signals
from an Alarm System and relays an Alarm Dispatch Request to the North
Richland Hills Police Communications Center for the purpose of summoning the
North Richland Hills Police Department to the Alarm Site.
(0) Monitoring Company means a Person in the business of providing Monitoring
services.
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(p)
Takeover means the transaction or process by which an Alarm Permit Holder
takes over control of an existing Alarm System, which was previously controlled
by another Alarm Permit Holder.
(q) ANSI/SIA Control Panel Standard CP-01 means the ANSI - American National
Standard Institute approved Security Industry Association - SIA CP-01 Control
Panel Standard, as may be updated from time to time, that details recommended
design features for security system control panels and their associated arming
and disarming devices to reduce the incidence of false alarms. Control panels
built and tested to this standard by Underwriters Laboratory (UL), or other
nationally recognized testing organization, will be marked to state: "Design
evaluated in accordance with SIA CP-01 Control Panel Standard Features for
False Alarm Reduction".
(r) Protective/Reactive Alarm System means an alarm system that is rigged to
produce a temporary disability or sensory deprivation through use of chemical,
electrical or sonic defense, or by any other means, including use of vision
obscuring/disabling devices.
(s)
Robbery Alarm (also panic, duress or hold-up alarm) means an alarm signal
generated by the manual or automatic activation of a device, or any system,
device or mechanism on or near the premises intended to signal that a robbery
or other crime is in progress, and that one or more persons are in need of
immediate police assistance in order to avoid injury, serious bodily harm or death
at the hands of the perpetrator of the robbery or other crime.
(t) Verify means an attempt by the Monitoring Company, or its representative, to
contact the Alarm Site and/or Alarm Permit Holder by telephone and/or other
electronic means, whether or not actual contact with a Person is made, to
determine whether an alarm signal is valid before requesting a police dispatch, in
an attempt to avoid an unnecessary Alarm Dispatch Request. For the purpose of
this ordinance, telephone verification shall require as a minimum that a second
call be made to a different number, if the first attempt fails to reach an Alarm
Permit Holder who can properly identify themselves to determine whether an
alarm signal is valid before requesting an officer dispatch. Names and numbers
or those contacted or attempted to contact, must be provided when requested.
(u) Zones means division of devices into which an Alarm System is divided to
indicate the general location from which an Alarm System signal is transmitted.
(v) One Plus Duress Alarm means the manual activation of a silent alarm signal by
entering at an arming station a code that adds one to the last digit of the normal
arm/disarm code.
(w) False Alarm means the activation of an alarm system that results in a notification
of and a response by city emergency personnel within 30 minutes of alarm
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notification and a determination by such personnel from an inspection of the
interior or exterior of the premises that the alarm was false.
Sec. 9-5. Permit required, application, issuance.
(a) Existing alarm systems. Any alarm system which has been installed before the
effective date of this chapter shall be registered by the Alarm Permit Holder
within ninety (90) days of such effective date. An Alarm Installation Company or
Monitoring company shall provide a list of existing Alarm Permit Holders within
the city limits of North Richland Hills within (15) days of being notified in writing
by the Alarm Administrator.
(b) No person shall operate, cause to be operated, or permit the operation of an
alarm system unless a valid permit has been issued by the chief within 30 days
of installation or activation of such system. This requirement is applicable to the
person in control of the property, which the alarm system is designed to protect.
(c) An alarm system user or his agent shall obtain a permit for each alarm site.
(d)
Upon receipt of a completed application form, the chief shall issue an alarm
permit to the applicant unless the applicant has failed to pay a service fee
assessed under Section 9-15 or has had an alarm permit for the alarm site
revoked, and the violation causing the revocation has not been corrected.
(e)
Each permit application must contain the following information:
(1) Name, address and telephone number of the person who will be the
permit holder and be responsible for the proper maintenance and
operation of the alarm system and payment of fees assessed under this
chapter;
(2) The street address of the property on which the alarm system is to be
installed and operated;
(3) Classification of the alarm site as either residential or commercial;
(4) Any business name or title used for the premises on which the alarm
system is to be installed;
(5) The name of one other person to respond to an alarm in the event the
permit holder is unavailable;
(6) Any other information required by the chief, which is necessary for the
enforcement of this chapter;
(7) Name, address and telephone number of alarm monitoring company, if
any;
(8) Any dangerous or special conditions present at the Alarm Site such as
dogs or other animals or any type of alarm system that is rigged to
produce a temporary disability or sensory deprivation through use of
chemical, electrical or sonic defense, or by other means, including use of
vision/obscuring/disabling devices.
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(f)
Any false statement of a material matter made by the applicant for the purpose of
obtaining an alarm permit shall be sufficient cause for refusal to issue a permit
and/or for revocation of a permit already issued.
(g) An alarm permit cannot be transferred to another person. A permit holder shall
inform the chief of any change that alters information listed on the permit
application within five (5) days of the occurrence of the change.
(h) All fees owed by an applicant must be paid before a permit may be issued or
renewed.
(i)
Alarm Permit Fees. The fees for an alarm permit or an alarm permit renewal are
as follows:
(1) New permits
(a) $50 commercial
(b) $20 residential
(2) Annual renewal permits
(a) $25 commercial
(b) $1 0 residential
(3) Senior Rate (residential only)
(a) Permit Fee Ten dollars ($10)
(b) Renewal Fee Ten dollars ($10)
(4) to qualify for the senior rate the permit holder must be 65 years of age or
older, listed as the property owner or lessee and must have the alarm
contract in their name.
ü) A late fee for non-payment within thirty (30) days after notification to alarm users
of an initial alarm permit registration or renewal fee shall be twenty-five dollars
($25.00).
(k) Any Person operating a non-permitted Alarm System will be subject to a fee of
$100. The Alarm Administrator may waive this additional fee or portions of it for
a non-permitted system if the system has been installed or activated less than
thirty (30) days prior to the violation or the Alarm Permit Holder submits a
successful application for an Alarm Permit within ten (10) days after official
notification of such violation.
(I) A fee of $100 shall be charged to a person licensed under Chapter 781, Texas
Health and Safety Code for the use of a central alarm installation located in a
police office that is owned, operated or monitored by the city.
(m) A person licensed under Chapter 781, Texas Health and Safety Code may be
required to discontinue service of an alarm signal device that because of
mechanical malfunction or faulty equipment causes at least five false alarms in a
12 month period until the device is repaired to the satisfaction of the police chief.
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Sec. 9-6. Permit duration and renewal.
A permit is valid, unless revoked, from the date of issuance for one year, upon receipt of
the annual fee. A permit will be automatically renewed for a one-year period, unless
revoked, upon receipt of the annual fee, unless cancelled by the permit holder.
Sec. 9-7. Proper alarm system operation and maintenance.
(a) A permit holder or alarm system user shall:
(1) maintain the Alarm Site and the Alarm System in a manner that will
minimize or eliminate False Alarms;
(2) make every reasonable effort to have a Responder to the Alarm System's
location within 20 minutes when requested by the police in order to:
(a) deactivate an Alarm System;
(b) provide access to the Alarm Site; and/or
(c) provide alternative security for the Alarm Site.
(3) not activate an Alarm System for any reason other than an occurrence of
an event that the Alarm System was intended to report.
(b) An Alarm Permit Holder shall adjust the mechanism or cause the mechanism to
be adjusted so that an alarm signal audible on the exterior of an Alarm Site will
sound for no longer than ten (10) minutes after being activated.
(c)
An Alarm Permit Holder shall not use Automatic Voice Dialers.
(d) An Alarm Permit Holder shall maintain at each Alarm Site, a set of written
operating instructions for each Alarm System exclusive of any codes,
combinations or passwords.
(e) All Alarm Permit Holders shall agree with their Alarm Installation C,ompany and/or
Monitoring Company to go through an "acclimation period" for the first seven (7)
days after installation of an Alarm System during which time the Alarm
Installation Company and/or Monitoring Company will have no obligation to and
will not respond to any Alarm Signal from the Alarm Site and will not make an
Alarm Dispatch Request to police, even if the Alarm Signal is the result of an
actual alarm event.
(f) Individuals that have installed their own system as well as firms with proprietary
systems shall comply with all of the requirements in this Section for Alarm Permit
Holders.
Sec. 9-8. Manual reset required.
A permit holder or person in control of an alarm system which has an automatic
resetting device, and which system causes three (3) or more alarms within a twenty-
four-hour period, shall manually reset the system.
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Sec. 9-9. Alarm reporting & monitoring requirements.
(a) A permit holder or person in control of an alarm system shall not allow alarm
signals to be reported through a relaying intermediary that does not comply with
the requirements of this chapter and any rules and regulations promulgated by
the chief, or is not licensed by the Texas Board of Private Investigators and
Private Security Agencies.
(b) A person who is engaged in the business of relaying alarm notifications to the
city shall:
(1) Make notification by a human operator only after attempting to verify the
alarm by calling the permit holder or person in control of premises a
minimum of two times to two different numbers prior to reporting the alarm
to the Police Department;
(2) Report alarms only on special trunk lines designated by the chief;
(3) Communicate alarm notifications to the city in a manner and form
designated by the chief;
(4) Robbery, hold-up, duress and panic alarms are exempt from this
requirement.
Sec. 9-10. Record keeping.
(a) A person engaged in the business of selling, leasing, installing, or otherwise
distributing alarm systems shall maintain records at its place of business which
will show the names and addresses of persons to whom an alarm system was
sold, leased, installed, or otherwise distributed, as well as the date of such
transactions.
(b) Said alarm businesses or person shall make said records available during
regular business hours to the chief or his designee for inspection. The express
purpose of this section is to assure that alarm system users are in compliance
with this chapter, and not to regulate in any manner any person engaged in the
alarm business.
(c) An Alarm Installation Company and/or Monitoring Company shall provide the
Alarm Administrator with a complete list of active customers, annually, to assist
the Alarm Administrator with creating and maintaining the tracking data. The
customer information will be provided in a format the Alarm Company is capable
of producing and will include the following:
(1) Permit number
(2) Customer name
(3) Alarm Site address
(4) I nstallation or activation date
(5) Alarm company license number
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(d) An Alarm Installation Company and/or Monitoring Company that purchases
Alarm System accounts from another Person shall notify the Alarm Administrator
of such purchase and provide a complete list of the acquired customers, in a
format the Alarm Company is capable of producing, that includes the following:
(1) Permit number
(2) Customer name
(3) Alarm Site address
(4) Acquisition date
(5) Alarm company license number
Sec. 9-11. Duties of Alarm Systems Company.
(a) On the installation or activation of an alarm system, an alarm system company
shall distribute to the occupant of the alarm system location information
summarizing:
(1) the applicable law relating to false alarms, including the potential for
penalties and revocation or suspension of a permit;
(2) how to prevent false alarms; and
(3) how to operate the alarm system.
(b) An Alarm Systems Company shall notify the municipality in which the alarm
system is located of an installation or activation of an alarm system no later than
the 30th day after the date of the installation or activation. The alarm systems
company shall provide to the municipality:
(1) the alarm systems company name;
(2) the alarm system company license number;
(3) the name of the occupant of the alarm system location;
(4) the address of the alarm system location; and
(5) the date of installation or activation.
(c) The duties imposed by this section on an Alarm Installation Company do not
apply to the installation or activation of a personal emergency response system,
as defined under Texas Occupation Code, Section 1702.331.
(d) Upon the effective date of this Ordinance, Alarm Installation Companies shall not
program Alarm System so that they are capable of sending One Plus Duress
Alarms. Monitoring Companies may continue to report One Plus Duress Alarms
received from Alarm Systems programmed with One Plus Duress Alarms prior to
enactment of this Ordinance. However, upon the effective date of this
Ordinance, when a Takeover or Conversion occurs, an Alarm Installation
Company must remove the One Plus Duress Alarm capability from such Alarm
Systems.
(e) Upon the effective date of this Ordinance, Alarm Installation Companies shall not
install a device to activate a Robbery Alarm, which is a single action, non-
recessed button.
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(f) An Alarm Installation Company may not install any Alarm System on or after
January 1, 2007, that includes a detection device control panel unless the control
panel meets or exceeds ANSI/SIA CP-01 - Control.
Sec. 9-12. Automatic dialing prohibited.
No person shall operate or cause to be operated any automatic dialing device which,
when activated, uses a telephone device or attachment to automatically select a
telephone line leading into the police department or the city and then transmit any
prerecorded message or signal.
Sec. 9-13. Alarm dispatch records.
(a)
Emergency personnel responding to a dispatch resulting from an alarm system
notification shall record such information as necessary to permit the chief to
maintain records, including, but not limited to, the following information:
(1) Identification of the permit holder;
(2) Identification of the alarm site;
(3) Time dispatched, arrived, and cleared;
(4) Time of day, date;
(5) Weather conditions
(6) Name of permit holder's representative on the premises if any.
(b)
Responding personnel shall indicate on the dispatch record whether the
notification was caused by a false alarm.
Sec. 9-14. System performance reviews.
If there is reason to believe that an alarm system is not being used or maintained in the
manner that ensures proper operation and suppressed false alarms, the chief may
require a conference with an alarm permit holder and the individual or association
responsible for maintenance for the alarm system to review circumstances of each false
alarm. Any such conference will be held only after a ten-day notice on mailing to the
permit holder such notice to be effective on mailing to the permit holder at the address
listed on the application.
Sec. 9-15. Service fee; false alarm notification.
(a) An Alarm Permit Holder (other than robbery alarms) shall be subject to fees for
services, depending on the number of False Alarms within the preceding 12-
month period, based upon the following fee schedule:
(1) False Alarm Fees
# of False Alarms
Fees for service
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1
2
3
4-5
6-7
8 or more
No Fee
No Fee
No Fee
Fifty Dollars $50 each
Seventy-five Dollars $75 each
One Hundred Dollars $100 each
(b) Activation of a robbery alarm shall be deemed an intentional act for which a
required fee shall be deemed imposed for false alarms. Any alarm user of such
alarms shall pay the city a fee for each and every false robbery alarm to which
police respond.
Fee Schedule
1 - No fee $ 0.00
2 - One hundred dollars $100.00
3 - One hundred dollars $100.00
4 or more - Two hundred dollars $200.00
(c) The $200 fee will continue to be assessed on all additional false robbery alarms
until the permit holder submits a certification from an Alarm Installation Company,
stating that the Alarm System has been inspected and repaired (if necessary) by
the Alarm Installation Company and proper training has been provided to the
alarm user.
(d) Late fee for non-payment within 30 days of notification of an alarm fee assessed
under this ordinance shall result in a late fee of $25.00.
(e) If a person notifies the chief and applies for an alarm permit before the
installation of a new alarm system, no service fee will be assessed during the first
fifteen (15) days after installation, and false alarm notifications during that period
will not be counted in determining when a service fee will be assessed.
(f) If cancellation of the alarm occurs prior to a police officers arriving at the scene or
the department does not respond within 30 minutes of the alarm notification, this
is not a False Alarm for the purpose of fees and no fee will be assessed.
Sec. 9-16. Revocation of alarm permit.
The chief may terminate an alarm permit after thirty days notice if he determines that:
(1 ) There is any violation of this chapter;
(2) There is a false statement of a material matter in the application for a
permit.
(3) An alarm system has generated in excess of eight (8) false alarms during
any twelve (12) months;
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(4) The permit holder has failed to make payment of any service fee, permit
fee or appeal hearing fee assessed under section 9-5 or 9-15 within thirty
(30) days of the assessment;
(5) Failure to attend the conference provided for in section 9-14.
Sec. 9-17. Appeal of false alarm service fees and denial or revocation of a permit.
(a) If the chief assesses a service fee for a false alarm, refuses to issue or renew a
permit, or revokes a permit, he shall send to the applicant or permit holder written
notice of his action and a statement of the right to an appeal. The applicant or
permit holder may appeal the decision of the chief to the assistant city manager a
written request for a hearing setting forth the reason for the appeal, within ten
(10) days after receipt of the notice of the chief. The filing of a request for an
appeal hearing with the assistant city manger stays the action of the chief to the
denial of a permit or the revocation of a permit until the assistant city manager
makes a final decision. If a request for an appeal hearing is not made within the
ten-day period, the action of the chief is final.
(b) An assistant city manager shall serve as hearing officer at an appeal, and
consider evidence by any interested person. The formal rules of evidence do not
apply at an appeal hearing; the hearing officer shall make his decision on the
basis of a preponderance of the evidence present within thirty (30) days after the
request for an appeal hearing is filed. The hearing officer shall affirm, reverse, or
modify the action of the chief. The decision of the hearing officer is final as to
administrative remedies within the city.
(c) An Appeal Hearing fee of twenty-five dollars ($25.00) shall be paid before a
permit revocation appeal hearing will be scheduled with the Assistant City
Manager's office. Appeal fees will be returned to the appealing Alarm Permit
Holder, Alarm Installation Company or Monitoring Company if the appeal is
upheld.
(d) In addition to prohibiting or requiring certain conduct of individuals, it is the intent
of this chapter to hold a corporation, partnership, or other associations criminally
responsible for acts or omissions performed by an agent acting on behalf of the
corporation, partnership, or other association, within the scope of this
employment.
Sec. 9-18. Forfeiture of application fee upon revocation of permit.
When the revocation of a permit is final, all permit fees shall be forfeited.
Sec. 9-19. Reapplication for permit after revocation.
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(a)
Should an alarm system user of his agent, after final permit revocation, desire to
reapply for a permit, he shall be required to submit a new permit application,
including the required permit fees.
(b) The applicant shall also submit satisfactory proof of compliance with the chapter.
(1) the applicant has submitted a written certification from an Alarm
Installation Company, that complies with the requirements of this chapter,
stating that the alarm system has been inspected and repaired (if
necessary) and/or additional training has been conducted by the Alarm
Installation Company; and
(2) the requirements of Section 1702.286 Texas Occupations Code pertaining
to the alarm company providing the Alarm User with information on:
(a) the law relating to False Alarms, including potential penalties and
the revocation of suspension of an Alarm Permit;
(b) how to prevent false alarms; and
(c) how to properly operate the alarm system.
Sec. 9-20. Confidentiality of information.
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All information provided by a permit holder pursuant to this chapter shall be confidential
to the extent possible under Chapter 552, Texas Government Code, and shall be
utilized solely by the police department; provided that said information shall be available
to the permit holder.
Sec. 9-21. Exemption of certain government bodies.
The United States Government, the State of Texas, or any county government or school
district situated within the corporate city limits of the City of North Richland Hills shall
comply with the requirements of this chapter; provided however, that they shall be
exempt from the payment of fees.
Sec. 9-22. Violations
(a) It shall be unlawful to operate an alarm system during the period in which an
alarm permit is under revocation. Each day of such operation shall constitute a
separate offense.
(b) It shall be unlawful for any person to operate an alarm system without a permit or
in violation of any provision of Section 9-5. Each day of such operation shall
constitute a separate offense.
Section 2. Any person, firm or corporation violating any provision of this ordinance
shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an
amount not to exceed Five Hundred Dollars ($500.00). Each day any such violation
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shall be allowed to continue shall constitute a separate violation and punishable
hereunder.
Section 3. The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses hereof.
Section 4. The terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of any section, subsection, sentence, clause or phrase
of this ordinance should be declared to be invalid, the same shall not affect the validity
of any other section, subsection, sentence, clause or phrase of this ordinance.
PASSED AND APPROVED this the 11th day of December, 2006.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
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Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Jimmy Perdue, Police Chief
e
CITY OF
NORTH RICHLAND HILLS
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Department: City Secretary
Presented by: Councilman Scott Turnage
Council Meeting Date: 12-11-2006
Agenda No. F.7
Subject: INFORMATION AND REPORTS - Councilman Turnage
Announcements
City offices will be closed on Monday, December 25, and Monday, January 1, in
observance of the Christmas and New Year's Holidays. Trash and recycling will not be
collected on the holidays. Collections will be made on the Tuesday after each holiday.
The December 25 City Council Meeting has been cancelled. The next meeting is
scheduled for January 8 at 7 p.m.
Residents can place Christmas trees curbside for recycling on Thursday, January 4.
Residents can also drop off Christmas trees for recycling December 26 through January
5 at Green Valley Community Park, 7701 Smithfield Road. The recycled trees will be
turned into mulch. Mulch will be available for pickup January 6 - 10 at the park. For
more information, please call Allied Waste Services at 817-332-7301.
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Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do. This
month we spotlight:
Sky Thomas, Animal Adoption & Rescue Center
An e-mail was received from a resident commending Sky for her quick response to a
call regarding an injured hawk. The resident said Sky answered all of her questions
knowledgably, and she was grateful for Sky's concern and care of the bird.
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Department: City Secretary
Presented by:
Subject: Adjournment
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 12-11-2006
Agenda No. F.B