HomeMy WebLinkAboutCC 2007-07-23 Agendas
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, July 23, 2007
6:00 P.M.
A.1 Discuss Items from Regular City Council Meeting
A.2 IR 2007-089 Review Calloway Creek Study (15 Minutes)
A.3 IR 2007-090 Upcoming Police Department Community Meetings (10 Minutes)
B.O EXECUTIVE SESSION - The City Council may enter into closed Executive Session
pursuant to Section 551.071, Texas Government Code to Consult with Attorney about
Pending Litigation (10 Minutes)
a) Davis v. NRH, et al. - Civil Action No. 4:00-CV-438-Y
b) Friend v. City of North Richland Hills, et al. - No. 342-218419-06
c) Rodgers v. City of North Richland Hills - No. 06-437021
d) MK Media, LLC and Markham Kopang v. Officer Lowery (City of Garland)
and Todd Espy (City of North Richland Hills) No. 07-04200-K
C.O Adjournment
Certifi cati on
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 July 20, 2007.
City Secretary
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
th is m eeti ng. Please contact th e City Secretary's office at 817-427-6060 for fu rther
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.
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
CITY HALL COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, July 23, 2007
7:00 P.M.
-------------------------------------------------------------------------------------------------------------------------
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:
Q Library on the Friday prior to the meeting (available electronically)
Q 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
\^M^N.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council
meeting.
----------------------------------------------------------------------------------------------------------------------------
A.O Call to Order - Mayor Trevino
A.1 Invocation - Councilman Whitson
A.2 Pledge - Councilman Whitson
A.3 Special Presentation(s) and Recognition(s) - Yard of the Month Awards July 2007
presented by Councilman Lewis
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
requests, in which event the item will be removed from the Consent Agenda and
considered.
B.1 Approval of Minutes of July 9, 2007 City Council Meeting
B.2 GN 2007-059 Approve Agreement with Tarrant County Tax Assessor/Collector for the
Collection of City Property Taxes - Resolution No. 2007-048
B.3 PU 2007-033 Award Bid No. 07-1393 for the 2007 Street Sub-grade Stabilization
Project to McClendon Construction Company in the amount of $64,367.50.
B.4 PU 2007-036 Award Bid No. 07-1394 Various City Facility Interior & Exterior
Renovations to Fast-Trak Construction in the amount of $134,483.52.
C.O PUBLIC HEARINGS
No items for this category.
D.O PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing.
No items for this category.
E.O PUBLIC WORKS
E.1 GN 2007-062 Recommend Award of Bid for the 31st Year CDBG Project (Rita Beth
Street Paving Improvements from Glenview Drive south to dead end) to McClendon
Construction in the amount of $248,908.00
E.2 PU 2007-035 Award Bid No. 07-1388 for Flow Meter Equipment to Macaulay Controls
Company in the amount of $28,423.
F.O GENERAL ITEMS
F.1 G N 2007-060 Renaming Simmons Road between Mid-Cities Bou levard and Grand
Avenue - Ordinance No. 2947
F.2 G N 2007-061 Consider Amend ment to Chapter 1 04 G as Well Dri IIi ng and Prod uction -
Ordinance No. 2945
F.3 PU 2007-034 Award Bid No. 07-1395 Fire Station 2 & 3 Apparatus Bay Painting Project
to Kurosky & Company Painting Contractors in the amount of $64,861 and Award Bid
Alternates 1 & 2 for Re-painting the Apparatus Bay Floors at Fire Stations 1 & 4 to RBI
Corporation in the Amount of $39,411.13.
F.4 GN 2007-063 Amend Article X of Chapter 54 of the Code of Ordinances - Automated
Traffic Signal Control to conform to the requirements of Chapter 707 of the Texas
Legislature 80th Session, SB1119 - Ordinance No. 2946
F.5 GN 2007-064 Approve Appointment of Automated Traffic Signal Enforcement Program
Hearing Officer, Ms. Cheryl Dean.
F.6 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda
F.7 INFORMATION AND REPORTS - Councilman Welch
F.8 Adjournment
All items on the agenda are for discussion and/or action.
Certifi cati on
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 July 20, 2007.
City Secretary
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
th is m eeti ng. Please contact th e City Secretary's office at 817-427-6060 for fu rther
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.
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, July 23, 2007
6:00 P.M.
A.1 Discuss Items from Reqular City Council Meetinq
A.2 I R 2007-089 Review Callowav Creek Studv (15 Mi n utes)
A.3 IR 2007-090 Upcominq Police Department Community Meetinqs (10 Minutes)
B.O EXECUTIVE SESSION - The City Council may enter into closed Executive
Session pursuant to Section 551.071, Texas Government Code to Consult with
Attorney about Pendinq Litiqation (10 Minutes)
a) Davis v. NRH, et al. - Civil Action No. 4:00-CV-438-Y
b) Friend v. City of North Rich land Hills, et al. - No. 342-218419-06
c) Rodgers v. City of North Richland Hills - No. 06-437021
d) MK Media, LLC and Markham Kopang v. Officer Lowery (City of Garland) and
Todd Espy (City of North Richland Hills) No. 07-04200-K
C.O Adjournment
Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 7-23-2007
Agenda No. A.1
Subject: Discuss Items from Regular City Council Meeting
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2007-089
Date: July 23, 2007
)/ -: .
....., Subject:
Review of Calloway Creek Study
The Lakes at Calloway Creek Study is a project included in the current Parks and Recreation
Facilities Development Capital Improvement Program budget. The LopezGarcia Group was
selected to perform the work, and they have completed the study. Richard Albin from the
LopezGarcia Group will present an overview of the study and report.
The purpose of the study is to evaluate the feasibility and costs associated with creating a
lake(s) or other attractive feature within Calloway Creek, between the North Hills Hospital and
the new Medical Office Building located on the west side of the creek.
The study includes graphic representations of the proposed channel and lake improvements
as well as results of the hydraulic studies showing the effect of the proposed improvements
on the floodplain.
For clarification purposes, the improvements to the creek are completely separate from the
future trail which is currently under design. The trail will be a 1 O-foot wide multi-use trail and
includes trail access from Rodger Line Drive to the north and Booth Calloway to the south.
Funding for the trail is provided through an Intermodal Surface Transportation Enhancement
(ISTEA) grant and the parks ~ cent sales tax. Construction of the trail is expected to begin in
January 2008 and be completed in December 2008.
Funding for the improvements to Calloway Creek has not yet been allocated. Staff is
exploring funding options but do not yet have a funding recommendation. Should funding be
allocated, the project will take approximately 2 ~ years to complete. This time frame includes
the required regulatory studies and approvals as well as design and construction.
The improved channel will create an attractive link and public use amenity between North
Hills Hospital, the new Medical Office Building on the west side of the channel and future
development of the recently demolished North Hills Mall site.
Staff is seeking input from Mayor and Council regarding the proposed improvements to
Calloway Creek.
Respectfully Submitted,
Vickie Loftice
Director of Parks and Recreation
ISSUED BY THE CITY MANAGER
NORTH RICHlAND HillS, TEXAS --
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2007-090
Date:
July 23, 2007
)/ -:
Subject: Upcoming Police Department Community Meetings
During the past two years, the Police Department has embarked on an ambitious
program of becoming a more integral part of the community we serve. There have
been several new programs implemented all designed to foster a better relationship
within the City. Our Beat Management program was key to this philosophical shift and
it continues to evolve.
As a way to encourage more communication between citizens and the officers that
serve them, the North Richland Hills Police Department is pleased to host a series of
public meetings based within each geographical beat. The meetings are designed to
provide information regarding the services that the Police Department provides to the
community. Those in attendance can expect to hear the latest trends for their
individual area as well as tips for making the neighborhood safer. This will be an
excellent opportunity for the people in our community to meet the police officers and
supervisors who work in the area. They will also hear from Chief Jimmy Perdue and his
command staff regarding police services and current activity in their area of the City. In
addition, there will be a question and answer session where they can get information
directly from and to the police personnel who protect the City. Although it is likely that
there may be some questions related to other non police related municipal services,
effort will be made to keep the meetings focused on police matters. Should other
department service questions arise, the police personnel will take note of those and
ask the appropriate departments to follow up. These are not intended to be political
forums either and will be directed away from any type of political discussion or political
p rese ntati 0 n s.
We are securing meeting locations within each district and will soon be posting times
and locations. This information is currently being sent out via the City newsletter which
contains a city map illustrating how the City is divided and will help citizens identify the
beat where they live or work. Meetings for beats one through three will be established
in the September to November time frame of this year. Beats four through seven will
be scheduled in early 2008. Additional information will be sent out in the City water bill
newsletter and the Police Department website.
Respectfully Submitted,
Jimmy Perdue
Chief of Police
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HILLS, TEXAS --
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 7-23-2007
Agenda No. B.O
Subject: EXECUTIVE SESSION - The City Council may enter into closed Executive
Session pursuant to Section 551.071, Texas Government Code to Consult with Attorney
about Pending Litigation (10 Minutes)
a) Davis v. NRH, et al. - Civil Action No. 4:00-CV-438-Y
b) Friend v. City of North Richland Hills, et al.-No. 342-218419-06
c) Rodgers v. City of North Richland Hills - No. 06-437021
d) MK Media, LLC and Markham Kopang v. Officer Lowery (City of Garland) and
Todd Espy (City of North Richland Hills) No. 07-04200-K
Department: City Secretary
Presented by:
Subject: Adjournment
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 7-23-2007
Agenda No. C.O
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, July 23, 2007
7:00 P.M.
A.O Call to Order - Mayor Trevino
A.1 Invocation - Councilman Whitson
A.2 Pledqe - Councilman Whitson
A.3 Special Presentationes) and Recoanition(s) - Yard of the Month Awards Julv
2007 presented by Councilman Lewis
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 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 July 9, 2007 City Council Meetinq
B.2 GN 2007-059 Approve Aareement with Tarrant County Tax Assessor/Collector
for the Collection of City Property Taxes - Resolution No. 2007-048
B.3 PU 2007-033 Award Bid No. 07-1393 for the 2007 Street Sub-qrade Stabilization
Proiect to McClendon Construction Company in the amount of $64.367.50.
B.4 PU 2007-036 Award Bid No. 07-1394 Various City Facility Interior & Exterior
Renovations to Fast-Trak Construction in the amount of $134.483.52.
C.O PUBLIC HEARINGS
No items for this category.
D.O PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing.
No items for this category.
E.O PUBLIC WORKS
E.1 GN 2007-062 Recommend Award of Bid for the 31st Year CDBG Proiect (Rita
Beth Street Pavinq Improvements from Glenview Drive south to dead end) to
McClendon Construction in the amount of $248.908.00
E.2 PU 2007-035 Award Bid No. 07-1388 for Flow Meter Equipment to Macaulay
Controls Company in the amount of $28,423.
F.O GENERAL ITEMS
F.1 G N 2007-060 Renamina Si mmons Road between Mid-Cities Bou levard and
Grand Avenue - Ordinance No. 2947
F.2 GN 2007-061 Consider Amendment to Chapter 104 Gas Well Drillinq and
Production - Ordinance No. 2945
F.3 PU 2007-034 Award Bid No. 07-1395 Fire Station 2 & 3 Apparatus Bay Paintinq
Project to Kuroskv & Company Paintina Contractors in the amount of $64.861
and Award Bid Alternates 1 & 2 for Re-paintina the Apparatus Bav Floors at Fire
Stations 1 & 4 to RBI Corporation in the Amount of $39,411.13.
F.4 GN 2007-063 Amend Article X of Chapter 54 of the Code of Ordinances -
Automated Traffic Siqnal Control to conform to the requirements of Chapter 707
of the Texas Leqislature 80th Session, SB1119 - Ordinance No. 2946
F.5 GN 2007-064 Approve Appointment of Automated Traffic Sianal Enforcement
Proqram Hearinq Officer, Ms. Cheryl Dean.
F.6 Action on Anv Item Discussed in Executive Session Listed on Work Session
Aaenda
F.7 INFORMATION AND REPORTS - Councilman Welch
F.8 Adiournment
Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 7-23-2007
Agenda No. A.O
Subject: Call to Order - Mayor Trevino
Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 7-23-2007
Agenda No. A.1
Subject: Invocation - Councilman Whitson
Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 7-23-2007
Agenda No. A.2
Subject: Pledge - Councilman Whitson
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 7-23-2007
Presented by: Diana Spradling/Councilman John H. Lewis Agenda No. A.3
Subject: Special Presentation(s) and Recognition(s) - Yard of the Month Awards July
2007 presented by Councilman Lewis
AREA 1
Gene and Cheryl Lambriqht, 6621 Briley Drive
AREA 2
Elizabeth Huski. 4708 Deville Drive
AREA 3
Charles & Cathy Mavberrv. 6353 Skvlark Circle
AREA 4
Henry & Lupe Sandoval, 5805 Steeplewood Drive
AREA 5
Sam and Malta Akins, 8600 Beetle Nut Lane
AREA 6
Russell & Rebecca Wolff, 6717 Hadley Drive
AREA 7
Frank Kossler, 8800 Thornway Drive
AREA 8
Richard Morton. 7801 Miracle Lane
AREA 9
Rickv & Cindy Addinaton. 7840 Waterford Lane
Business Landscape Winner North Hills Funeral Home. 8525 Mid-Cities Boulevard
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 7-23-2007
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.
Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Subject: Removal of Item(s) from Consent Agenda
Council Meeting Date: 7-23-2007
Agenda No. A.5
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 7-23-2007
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.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 7-23-2007
Agenda No. B.1
Subject: Approval of Minutes of July 9, 2007 City Council Meeting
Recommendation:
To approve the minutes of the July 9, 2007 City Council Meeting.
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 - JULY 9,2007
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
9th day of July, 2007 at 6:00 p.m. in the Council Work Room prior to the 7:00 p.m.
regular Council meeting.
Present:
Oscar Trevino
Suzy Compton
John Lewis
Ken Sapp
Tim Barth
David Whitson
Scott Turnage
Tim Welch
Staff Members:
Larry J. Cunningham
Jim Starr
Ogden Bo Bass
Karen Bostic
Patricia Hutson
Monica Solko
George Staples
Mary Edwards
Elizabeth Reining
John Pitstick
Larry Koonce
Mike Curtis
Greg VanNeiuwenhuize
Eric Wilhite
Thad Chambers
Jamie Brockway
Call to Order
Mayor
Mayor Pro T em, Place 3
Council, Place 1
Council, Place 2
Council, Place 4
Council, Place 5
Council, Place 6
Council, Place 7
City Manager
Interim Assistant City Manager
Assistant City Manager
Man ag in 9 Oi rector Adm in i strative/Fi seal Services
City Secretary
Assistant City Secretary
City Attorney
Public Information Officer
Assistant to City Manager
Director of Planning & Development
Finance Director
Public Works Director
Assistant Public Works Director
Chief Planner
Economic Development Director
Purchasing Manager
Mayor Trevino called the work session to order at 6:00 p.m.
A.1 Discuss Items from Reqular City Council Meetinq
There were no items discussed.
A.2 IR 2007-080 Review Criteria for Solid Waste Request For Proposal
Karen Bostic, Managing Director, presented a PowerPoint presentation. The contract
between the City of North Richland Hills and Allied Waste (formerly Trinity Waste)
expires January 31, 2008. At the March 26, 2007 Council Work Session, Staff
discussed with Council the options available concerning the solid waste contract. The
options include negotiating with Allied Waste for a new solid waste contract, negotiating
with another vendor for a solid waste contract, or issuing a Request for Proposal (RFP)
to seek vendors for this service. Staff would propose using the same approach as was
used the last time the Solid Waste RFP was issued. If we use a similar approach to last
time, the City would request a base bid that would be a service level at least equal to
what we currently have. This approach would also allow alternate proposals be
submitted in addition to the base proposal to allow companies to submit service options
that we may not be aware of and may provide improved service for our customers.
Staff would also like to add performing a "pre-screening" of vendors so that only
experienced, reputable vendors submit proposals. As in the previous RFP wording
would be included to the affect that all inquiries must go through a single staff contact
and that to contact any other city official will result in disqualification of the proposer.
When the proposals are received, a staff committee will be appointed to perform
analysis of the proposals as well as make recommendations to management and
Council. After brief discussion and questions by the Council, the consensus was to go
forth with new proposals keeping the current services, terms of contract with a provision
option to renew, and to send out a survey asking users if they are satisfied with the
current commercial trash collection and if they are dissatisfied, how did they handle the
situation.
A.3 IR 2007-082 Review of Proposed Chanaes to Gas Well Drillina & Production
Ordinance
John Pitstick, Director of Planning and Development, presented a PowerPoint
presentation explaining the proposed changes to the ordinance. The existing Gas
Drilling & Production Ordinance No. 2862 was adopted on November 14, 2005.
Significant changes have occurred in the technology in gas drilling and several changes
are also being proposed regarding safety and quality standards. The Development
Review Committee along with key staff have reviewed area cities ordinances and
worked diligently to bring forward revisions that are fair to operators, safe and
unobtrusive to the community and reflect current technology.
City Council Review of Gas Ordinance June 11th Work Session:
. Maintaining 300 foot distance from tank batteries
. Daytime hours for operations other than drilling from 7 am to 7 pm Monday
through Saturday
Gas Board Review of Gas Ordinance June 28th Meetinq:
. Recommending 100 foot setback from outside boundary of drill site (concerns
with future development of properties)
. Staff is recommending new 150 foot setback from outside boundary for new
co n stru ctio n
Proposed Primary Chanqes to Gas Drillinq Ordinance:
1. Requiring Close Loop Systems Exclusively
2. Increasing fees
3. New screening standards
. Chain link fences with wooden slats during drilling
. Concrete walls within 90 days of completion of drilling
4. Limiting hours of operation
5. New pipeline regulations
6. Exempting distance setbacks in city parks
7. Increasing setbacks from drill sites for new construction
8. Requiring concrete access roads
Proposed Chanqes that Benefit Gas Operators:
9. Drilling in floodway with FEMA approval
10. Allowing compressors and compressor sites with approval from the Gas Board of
Appeals
Gas Operator Recommendations: (/s = will allow and X's = will not allow)
J Clarification of hours of operation
J Self insurance requirements
J Allowing soft landscaping in lieu of masonry walls
X Allowing Salt Water Wells
X Consideration of Open Pit Systems
X Concerns over concrete access roads
After brief discussion and questions by the Council, the consensus was to go forth with
ordinance to include the clarification of hours, self insurance requirements, soft
landscaping with the Gas Board of Appeals approval. Council also discussed whether
to use concrete or asphalt streets during production of gas drilling. Staff will further
evaluate the requirements of concrete or asphalt streets.
A.4 Adjournment
Mayor Trevino announced at 6:54 p.m. that the Council would adjourn to the regular
Council meeting.
REGULAR COUNCIL MEETING
A.O
CALL TO ORDER
Mayor Trevino called the meeting to order July 9, 2007 at 7:00 p.m.
ROLL CALL
Present:
Oscar Trevino
Suzy Compton
John Lewis
Ken Sapp
Tim Barth
David Whitson
Scott Turnage
Tim Welch
Mayor
Mayor Pro Tem, Council Place 3
Council, Place 1
Council, Place 2
Council, Place 4
Council, Place 5
Council, Place 6
Council, Place 7
Staff:
Larry J. Cunningham
Ogden Bo Bass
Patricia Hutson
Monica Solko
George Staples
City Manager
Assistant City Manager
City Secretary
Assistant City Secretary
Attorney
A.1
INVOCATION
Mayor Pro Tem Compton gave the invocation.
A.2
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Compton led the pledge of allegiance.
A.3
SPECIAL PRESENTATION(S) AND RECOGNITION(S)
None.
A.4
CITIZENS PRESENTATION
Mrs. Laverne O'Steen, 8429 Emerald Circle, showed Council two pictures. One picture
consisted of a crumbling column and the second picture was of a flooded backyard next
to the drainage channel. She expressed her concerns on safety.
Mayor Trevino expressed his concerns with the devastation of rains and flooding the
city and surrounding cities had been receiving. He asked Bo Bass, Assistant City
Manager and Mike Curtis, Director of Public Works if the drainage structure in this
location functioned the way it was suppose to during the heavy rains received in the
past few weeks. Mr. Bass stated based on the information the City received they were
not aware of the water topping over the walls and it functioned as it should under some
very demanding circumstances. The entire system functioned as it should in light of the
kinds of rains we've had. The Mayor asked if the drainage system in the City worked.
Mr. Bass stated that the City drainage system did work and when you have that kind of
saturation in the soils over a two week period anything that hits the ground is going to
ru n off.
A.5
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
B.O
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
B.1 APPROVAL OF MINUTES OF JUNE 14, 2007 CITY COUNCIL WORK
SESSION
B.2 APPROVAL OF MINUTES OF JUNE 25,2007 CITY COUNCIL MEETING
COUNCILMAN SAPP MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
C.O
PUBLIC HEARINGS
C.1
ZC 2007-05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THO
THI DINH TO APPROVE A ZONING CHANGE FROM IIR-211 SINGLE FAMILY
RESIDENTIAL TO IINSII NEIGHBORHOOD SERVICES (LOCATED AT 7917
GLENVIEW DRIVE - 0.83 ACRES) - ORDINANCE NO. 2944
APPROVED
Mayor Trevino opened the public hearing and called for the applicant to come forward.
Micha Duffy, with Hamilton Duffy Engineering representing the applicant came forward.
He asked that Council approve the zoning change before them and was available to
answer any questions the Council might have.
Eric Wilhite, Chief Planner, presented the item. The applicant, Ms. Tho Thi Dinh, is
requesting a rezoning of this 0.83 acre site from "R-2" Single Family Residential to "NS"
Neighborhood Services for the purpose of building a small commercial development to
operate her dress making and tailoring shop. The site currently has an old residential
structure and detached garage. It is the intent of the applicant to raze the structure for
new construction. The Planning and Zoning Commission recommended approval with a
5-0 vote.
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 and
called for the motion.
COUNCILMAN LEWIS MOVED TO APPROVE ORDINANCE No. 2944. COUNCILMAN WHITSON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
C.2
FP 2007-04 CONSIDERATION OF A REQUEST FROM THO THI DINH TO APPROVE
A FINAL PLAT OF LOT 7, BLOCK 1, RICHLAND HEIGHTS ADDITION (LOCATED
AT 7917 GLENVIEW DRIVE - 0.83 ACRES).
APPROVED
Mayor Trevino called on the applicant to come forward.
Micha Duffy, with Hamilton Duffy Engineering, representing the applicant came forward.
He stated that all required city standards would be part of the site plan and he was
available to answer any questions the Council might have.
Eric Wilhite, Chief Planner presented the item. The applicant, Tho Thi Dinh, is
proposing to plat this 0.83 acre tract into one lot for a neighborhood services
development. Ms. Dinh operates a dress making and tailoring shop and plans to
develop the site in order to operate her business. A zoning change is being requested
concurrently with this final plat and, if approved, would change the zoning from "R-2"
Single Family Residential to "NS" Neighborhood Services. The applicant intends to
raze the existing structure and replace with new construction. The city's engineer has
determined that the developer will be required to construct a 4 foot sidewalk along
Keeter Drive and include a 15 foot sewer easement along G lenv iew Drive. Staff has
reviewed the plat and has determined that it complies with the Subdivision Ordinance.
The Planning and Zoning Commission recommended approval with a 5-0 vote.
COUNCILMAN WELCH MOVED TO APPROVE FP 2007-04. COUNCILMAN TURNAGE SECONDED
THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
C.3
RP 2007-02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM MICHAEL BUTLER TO APPROVE A REPLA T OF LOT 1, BLOCK 4,
MOLLIE B. COLLINS ADDITION INTO LOTS 1 RAND 2, BLOCK 4, MOLLIE B.
COLLINS ADDITION (LOCATED IN THE 6800 BLOCK OF SMITHFIELD
ROAD - 1 .78 ACRES).
APPROVED
Mayor Trevino opened the public hearing and called for the applicant to come forward.
James Schwend with Stembridge and Associates, representing the applicant Michael
Butler came forward. He explained that Mr. Butler's plans were to build homes on two
lots and was available to answer any questions the Council might have.
Eric Wilhite, Chief Planner, presented the item. The applicant, Michael Butler, is
requesting a replat of an existing 1.78 acre lot into two lots of 0.88 acres each. The
zoning of the property is "R-3" Single Family Residential. The replatted lots will far
exceed the minimum lot area of 7,700 square feet required in R-3 zoning. These
replatted lots will each have 78.25 feet of frontage on Smithfield Road, a four lane
undivided 50 foot R.O.W. collector. The plat indicates an additional 9 foot R.O.W.
dedication. The Development Review Committee has reviewed the plat and has
determined that it complies with both the Zoning and Subdivision Ordinances. The
Planning and Zoning Commission recommended approval with a 5-0 vote.
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 and
called for the motion.
MAYOR PRO TEM COMPTON MOVED TO APPROVE RP 2007-02. COUNCILMAN BARTH
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
C.4
RP 2007-05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM J&J NRH FLP TO APPROVE A REPLA T OF LOTS 43R, BLOCK 1,
FOREST GLENN WEST ADDITION, LOT 3, BLOCK 1 , HILLTOP ACRES
ADDITION, AN D TRACT 2A3, A 1266 I NTO LOTS 43R 1 , 64, 65, AN D 66,
BLOCK 1, FOREST GLENN WEST ADDITION (LOCATED IN THE 7800
BLOCK OF FOREST HILLS COURT - 2.323 ACRES).
APPROVED
Mayor Trevino opened the public hearing and called for the applicant to come forward.
Mark Long, 1615 Precinct Line Road, representing the developer came forward. He
stated he was available to answer any questions the Council might have.
Mayor Trevino asked Mr. Long if the questions by the residents during the Planning and
Zoning Commission Meeting were addressed. Mr. Long stated he did not attend the
meeting. Mayor Trevino asked Eric Wilhite, Chief Planner if he would present the item
and address the residents concerns that were discussed during the Planning and
Zoning Commission Meeting.
Eric Wilhite, Chief Planner, presented the item. J&J NRH FLP represented by Owen D.
Long & Associates is proposing a replat of 2.32 acres to include four (4) lots. This replat
includes previously platted lots within separate subdivisions, and an unplatted tract. This
plat will take a portion of the unplatted tract and combine it with previously platted lots,
making them larger, and plat the remaining tract into a lot. The lot indicated on the plat
exhibit as 43R-1, and lot 65 which was lot 3 in the Hilltop Acres Addition, are the two
lots which were existing platted lots. The large area indicated as lot 64 includes the
remaining portion of property that was previously unplatted. 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 based on
the improvements indicated on the public infrastructure construction plans this
subdivision will be required to assume 1000/0 of the amount required for improvements.
The Planning and Zoning Commission recommended approval with a 6-0 vote. The
questions that came up during the P&Z meeting were brought forth by neighbors
regarding dust and debris on the undeveloped lot. Staff assured them by replatting this
property and building a home those issues would be essentially taken care of.
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 and
called for the motion.
COUNCILMAN SAPP MOVED TO APPROVE RP 2007-05. COUNCILMAN WHITSON SECONDED
THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
C.5
ZC 2006-19 PUBLIC HEARING AND CONSIDERATION OF AN APPEAL OF
DENIAL OF THE ZONING CHANGE BY THE PLANNING AND ZONING
COMMISSION OF A REQUEST FROM B. H. & L. JOINT VENTURE,
REPRESENTED BY MR. JOHN BARFIELD, TO APPROVE A ZONING
CHANG E FROM IIC-111 COM MERCIA L TO II R-211 SI NG LE F AM I L Y
RESIDENTIAL (LOCATED IN THE 8700 BLOCK OF NORTH TARRANT
PARKWAY - 5.347 ACRES) - ORDINANCE NO. 2943
DEINED
Mayor Trevino opened the public hearing and called for the applicant to come forward.
Mark Long, 1615 Preci nct Line Road, came forward. He stated that B. H. & L. V entu re
owned this property for about 20 years and has only received one interest in the
property which fell through. They are proposing a zoning change to residential to
conform to what is north of North Tarrant Parkway. The marketability for a commercial
tract of land behind an existing major complex would not develop. He was available to
answer any questions the Council might have.
Eric Wilhite, Chief Planner, presented the item. The applicant, B.H. & L. Joint Venture
represented by Mr. John Barfield is requesting a rezoning of this 5.347 acre site for the
purpose of constructing a single family residential subdivision. Street access to the site
will be from North Tarrant Parkway. The site is located directly behind the Ross
shopping center (formally Albertson's grocery), and north of the riding club. The site is
currently vacant with a mutual access easement running along the east side that serves
the properties to the south and east. The Comprehensive Land Use Plan defines this
area for commercial uses. The proposed use is not consistent with the Plan. The
applicant has submitted a preliminary plat for approval concurrently with the zoning
change request. The request for preliminary plat approval is contingent on this zoning
change request being approved. The Planning and Zoning Commission recommended
denial of zoning change with a 4-1 vote.
Mayor Trevino clarified that Planning and Zoning Commission and staffs
recommendation to deny the request was based on the future development of North
Tarrant Parkway. Once the road was developed possible retail would develop in that
property.
Mayor Trevino called for anyone wishing to speak in favor of the request to come
forward.
Jim Makens, 3231 Harwood, came forward. He stated that he had been marketing the
property for well over 5-6 years. He has sold several tracts up and around the area.
The property being proposed for rezoning has not had any commercial interest. It was
his understanding that when North Tarrant Parkway was developed the existing median
would be extended to the front of this property making it a right turn in and out only
property. Today, this property does not have retail potential; at best maybe two or three
office pad sites could be developed.
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.
Councilman Welch asked Mr. Makens that with all the homes being built on North
Tarrant as well as the improvements that are going to be made to the road, if he could
foresee this property as being more sellable as commercial in the near future. Mr.
Makens stated with the improvements to the road he still felt that the property would
become office space up front rather than retail due to the median being extended
making it a right in and out turn.
Mayor Trevino called for the motion.
COUNCILMAN WELCH MOVED TO UPHOLD THE DENIAL OF ZC 2006-19. COUNCILMAN
WHITSON SECONDED THE MOTION.
Mayor Trevino, Councilman Sapp, Mayor Pro Tem Compton and Councilman Turnage
all stated that they did not want to piecemeal the property and felt that once the
improvements of North Tarrant Parkway were made the property would have a better
potential of being developed.
MOTION TO DENY CARRIED 7-0.
D.O
PLANNING & DEVELOPMENT
There were no items for this category.
E.O
PUBLIC WORKS
There were no items for this category.
F.O
GENERAL ITEMS
F .1
GN 2007-055 SUSPENSION OF 2006 INTERIM RATE ADJUSTMENT PROPOSED
BY A TMOS ENERGY CORPORATION, MID- TEX DIVISION - RESOLUTION
NO. 2007-047
APPROVED
Karen Bostic, Managing Director presented the item. Recently Atmos Energy
Corporation, Mid-Tex Division served the City of North Richland Hills with a filing
notifying the City of its intent to increase its distribution rates to all customers effective
July 30, 2007. This type of increase is referred to as a GRIP filing which references the
Annual Gas Reliability Infrastructure Program. This type of adjustment allows interim
utility rate adjustments to recover invested capital without filing a full rate case. The rate
increase that Atmos is requesting is for invested capital for the calendar year 2006 and
would result in a rate increase of $0.59 per month for residential customers, $1.47 per
month for commercial customers and $28.74 for industrial customers. This is the fourth
GRIP filing that Atmos has filed with us in the last 2 ~ years. The City has three options
regarding this request. The City can accept Atmos' proposed rate increase, deny it, or
suspend it. Staff recommends suspension. Suspension will provide 45 days beyond
July 30 to review the proposed increase, analyze all necessary information, and take
appropriate action related to the proposed increase. In addition to suspension of the
rate increase approval of the resolution will allow the City to participate with other cities
in the Atmos Cities Steering Committee and review an inquiry of the proposed rate
increase; it will authorize intervention in any Railroad Commission or court proceedings
related to the proposed rate increase, and it will require Atmos to reimburse the City
reasonable costs associated with the review of the rate increase filing.
COUNCILMAN TURNAGE MOVED TO ApPROVE RESOLUTION No. 2007-047. COUNCILMAN
LEWIS SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
F.2
GN 2007-056 APPOINTMENTS TO BOARDS AND COMMISSIONS
APPROVED
Patricia Hutson, City Secretary presented the item. The terms of office for the
individuals serving on the Boards and Commissions in Places 1, 3, 5, and 7 expired
June 30. In addition, Councilman Whitson's nomination to move Kelly Gent from the Ex
Officio/Alternate positions on the Planning and Zoning Commission and Capital
Improvement Advisory Commission to Place 5 creates a vacancy. The boards listed
below, Chapter 2, Article III, Section 2-121 c of the Code of 0 rd inances states that the
City Council will act upon Council member nominations. The following nominations
have been submitted for Council consideration at this time:
Keep North Rich land Hills Beautifu I Com m issio n
Place 1 Teresa Hebert
Place 5 Dianna Madar
Place 7 Holly Bullington
Board of Adjustment
Place 1 Leslie Jauregui
Place 3 Jim Kemp
Place 5 Tommy Duer
Place 7 Jerry Henry
Library Board
Place 1
Don Tipps
Place 3
Place 5
Place 7
Mary Shilcutt
Avis Crisp
Jane Birkes
Park and Recreation Board
Place 1 Ricky McElroy
Place 3 Brad Greene
Place 5 Marty Kusmierski
Place 7 Mike Filis
Plan n i n g & Zon i ng Com m issio nand Capital I m provem ent Ad viso ry Com m ittee
Place 1 Mark Haynes
Place 3 Don Bowen
Place 5 Kelly Gent
Place 7 Steven Cooper
Ex Officio Dianna Madar
Substandard Building Board
Place 1 Garry Cope
Place 5 John Larriviere
Place 7 Bob McCary
Teen Court Advisory Board
Place 1 Michael Birkes
Place 3 Ronald Moore
Place 5 Danny Perkins
The terms of office for Places 1, 3, 5 and 7 will expire June 30, 2009. The individual
appointed to the Ex Officio/ Alternate positions on the Planning and Zoning Commission
and Capital Improvement Advisory Committee will fill the unexpired term.
COUNCILMAN TURNAGE MOVED TO ApPROVE THE BOARD AND COMMISSION
RECOMMENDATIONS. COUNCILMAN BARTH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
F.3
GN 2007-057 APPOINTMENTS TO CIVIL SERVICE COMMISSION - PLACES 1,2
AND3
APPROVED
Patricia Hutson, City Secretary presented the item. The terms of office for the
individuals serving in Places 1, 2 and 3 on the Civil Service Commission expired June
30, 2007. The Charter stipulates that these appointments are mayoral appointments
with confirmation by two-thirds vote of the Council. Mayor Trevino is recommending the
following individuals for Council confirmation:
Place 1
Place 2
Place 3
Sally Bustamante
September Daniel
Bill Fenimore
term expires 6/30/2008
term expires 6/30/2008
term expires 6/30/2009
COUNCILMAN WHITSON MOVED TO ApPROVE GN 2007-057. COUNCILMAN LEWIS SECONDED
THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
F.4
GN 2007-058 APPOINTMENTS TO PARK AND RECREATION FACILITIES
DEVELOPMENT CORPORATION - PLACES 2,4 & 6.
APPROVED
Patricia Hutson, City Secretary presented the item. The terms of office for the Board
Members serving in Places 2, 4 and 6 on the Park and Recreation Facilities
Development Corporation expired on May 1, 2007. The Corporation's Articles of
I ncorporation and Bylaws state that appointments to the Board of Directors are to be
made by the City Council and that Places 1-4 are designated for Council Member
Directors and Places 5-7 are designated for Citizen Member Directors. Because of the
purpose of this Board, practice has been to select current members of the Park and
Recreation Board to serve on this Board. The places with expired terms are:
Place 2 -
Place 4 -
Place 6 -
Council Member Director (Councilman Lewis - incumbent)
Council Member Director (Councilman Barth - incumbent)
Citizen Member Director (Park Board Member Tom Lombard -
Incumbent)
Council was asked to appoint Council Member Directors to Places 2 and 4, terms
expiring May 1, 2009 and a Citizen Member Director who is also serving on the Park
and Recreation Board to Place 6, term expiring May 1, 2009.
MAYOR PRO TEM COMPTON MOVED TO REAPPOINT COUNCILMAN LEWIS, COUNCILMAN BARTH
AND TOM LOMBARD. COUNCILMAN SAPP SECONDED THE REAPPOINTMENTS.
MOTION TO REAPPOINT CARRIED 7-0.
F.5
INFORMATION AND REPORTS
IR 2007-083 CITIZEN PRESENTATION FOLLOW-UP
Bo Bass, Assistant City Manager, presented the item along with photos. At the June
25, 2007 Regular Meeting of the City Council Ms. Laverne O'Steen addressed the
Council with her concerns associated with Emerald Lakes. She displayed to Council
and the audience a photograph of a masonry column with missing bricks near its base.
The impression given to the observer was that Ms. Osteen was implying that the column
was currently damaged and that no repair work had been attempted by the Emerald
Lakes Home Owners Association. City staff was aware that the Emerald Lakes Home
Owners Association had previously completed repairs to this specific column as well as
many other elements of the lake and wall system. A photograph taken by City staff
within the past two weeks clearly shows that repairs have been completed on this
column in a craftsman like fashion.
In addition, Ms. Osteen made reference to a City Ordinance which establishes a fifteen
(15) degree tilt as the maximum allowed before repairs are mandated. Engineering staff
has measured the tilt of the wall referred to by Ms. Osteen and has determined that it
does not exceed seven (7) degrees.
F.6
INFORMATION AND REPORTS
Councilman Whitson made the following announcements.
Dive-in Movies continue on Friday nights at NRH20. Join us on July 13th for "Open
Season" and July 20th for "Charlotte's Web." Dive-in Movies are free with paid
admission to the park. For more details, please call 817-427-6500.
Help Keep NRH Beautiful! Join friends and neighbors for a LitterNot Cleanup event from
9 a. m. to noon on Satu rday, Ju Iy 21 st. Vol u nteers shou Id meet at Neig h borhood
Services, 7200-C Dick Fisher Drive South. For more information, please call 817-427-
6651.
Join us for the annual Rec Expo and Open House from 9:30 a.m. - 1 :30 p.m. on
Saturday, July 28th, at the NRH Recreation Center. There will be games, activities, free
chair massages and more. For more information, please call 817-427-6600.
Kudos Korner -Municipal Court Staff. A call was received from a customer expressing
gratitude for the assistance he received in paying his citation. He said everyone was
very professional and courteous. In his travels over the country, he has never had as
pleasant of an experience as he encountered in North Richland Hills. He praised the
clerks for their attitudes, kindness and willingness to make the experience less painful.
F.7
ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:00 p.m.
ATTEST:
Patricia Hutson, City Secretary
Oscar Trevino - Mayor
CITY OF
NORTH RICHLAND HILLS
Department: Budget
Presented by: Drew Corn
Council Meeting Date: 7-23-2007
Agenda No. B.2
Subject: GN 2007-059 Approve Agreement with Tarrant County Tax Assessor/Collector
for the Collection of City Property Taxes - Resolution No. 2007-048
Tarrant County has been collecting property taxes for the City of North Richland Hills
since October 1993. During this time, City staff has continually evaluated the
performance of the Tarrant County Tax Assessor/Collector and are please with the
County's collection performance, customer service and cost savings realized by the
City.
Tarrant County has submitted an agreement for collection services for calendar year
2007. A copy of the agreement is attached for Council consideration. The agreement is
essentially the same as the agreements Council has approved in the past. The cost to
the City is fifty cents per account or an estimated $11 ,500 depending on how many new
accounts are added throughout the year. The cost per account is the same as last year
but due to the increase in accounts from last year the overall cost has increased slightly.
The City will be billed annually by the County. This contract may be terminated by either
party by providing sixty days written notice.
Recommendation:
To approve Resolution No. 2007-048
Ni~H
RESOLUTION NO. 2007-048
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION 1. THAT the City Manager be, and is hereby, authorized to execute an
agreement with Tarrant County Assessor-Collector to collect the ad
valorem taxes of the City of North Richland Hills. A copy of said
agreement is attached hereto and made a part hereof.
PASSED AND APPROVED this the 23rd day of July, 2007.
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:
Drew Corn, Budget Director
COUNTY OF TARRANT
§
§
Agreement For The Collection Of Taxes
Agreement made this ~ day of ¡ 2007 ¡ by and be'h¥een the Tarrant County Tax Assessor/Collector ~
hereinafter referred to as ASSESSOR/COLLECTOR, and Tarrant County, hereinafter referred to as the COUNTY, both of
whom are addres sed at 100 E. Weatherford Street) Fort W orth, Texas 76196-030 1 ~ and the City of No rth Rich I and Hills,
here ina fier referred to as City, whose addre ss is POBox 82069, North RicWand H ItJS, TX 76182.
PURPOSE OF AGREEMENT
The purpose of this Agreement is to state the tenns and conditions WIder which the ASSESSOR/COLLECTO R \Vil1 provide
assessmen t and coHee non serv ic es of Ad Valorem ta xe s ]evìed by the City.
NOW THEREFORE, in consideration of the mutual promises herein contaìned, the parties. hereto agree as fo11ows:
1.
SERVICES TO BE PERFORMED
The ASSESSOR/COLLECTOR agrees to co]]ect the taxes due and owing on taxable property upon whìch the City has imposed
said taxes. The ASSESSORJCOLLECTOR sha]] perform the said services in the same manner and fashion as Tarrant County
c ollec ts î is own taxes due and o\Vi ng on taxable property sî tuated within its boundaries. The servi ces performed are as follows:
ree e i v ing the C ertitìed A ppraisa l Roll from the Tarrant ^ ppraisD 1 D istric t and month! y changes thereto; prov idìl1g lllQrtgagl:
compames) property owners and tax representatives, tax roll and payment data; providing all necessary asse ssmen ts of taxes and
T ruth in Taxa tìon calcu] a tions as req u íred; the transmÎttal of tax sta tements via the U. S. Mail or e] eetronìc trans fer 0 f data; and
pa yment proc ess íng. A I] City disbursements) made by check or by electronic trans fer (wire or A CH), for co llee ted tax accounts
wìIl be made to the City on the day the COUNTY Depository Bank índicates the mandatory assigned t1tloatrl period has eJapsed
and the funds are pasted to the ç 0 I Iected ba]ance. I f any da i 1 Y collection total ìs Jess than one hundred do] Jars ($100.00)) the
dis bursement maybe wi thbeld until the c umula ti ve tota i of taxes co] lceted for the City equals at least one hundred dollars
($100.00), or at the close 0 f the month.
lL
REPORTS
The ASSESSOR/COLLECTOR will provide the Cìty the following reports) if requested:
DajJy:
Weekly:
Month 1 y:
General Ledger Dj strj bution Report
Detai l Co 11ection Report (5 ummary)
Tax R 0 I I Summary (To[als On l y)
Y ear-to- Date Summary Report
Dctai 1 Coli ec[1 on Repon (Su mmary)
Distrì bu tion R eport (Summary)
De] inq uent Tax A ttomey Tape
Paid Tax Roll
Del inq uent Tax Ro II
Current Tax Roll
Annua] :
A selection of the above listed Reports will only be available by internet access. The ASSESSOR/COLLECTOR wi]] provide
the City the Genera] Ledger Revenue & Expense Report monthly as required by Seer 31.10 of the Texas Property Tax Code.
IlL
COMPENSATION
In consideration of the services to be perfonned by the ASSESSORlCOLLEcrOR, compensation for the services rendered is a
rate of fi fty cents ($.50) per account. The number of ac coun ts \ViH be based on the October bin íng fO II certi tied to the
ASSESSOR/COLLECTOR by The Tarrant Appraìsal District. New accounts added by The Tarrant Appraisal District 'Will be
billed to the entity + The ASSESSOR/COLLECTOR \VÌIl invoice for all these accounts by January 15, 2008 with payment to
be received from the Cíty by February 15~ 2008.
The scope of serv ices identified in thìs contract does not ine tude the administra non of a rollback election. In the event 0 f a
sue c essful TO Ii bac k e ]ec tion~ thes e costs me urred by the Tarrant County Tax Office will be sera rate 1 y j dentìfied1 billed, and paid
by the enri ty ~
IV.
AUDITS
The ASS ESSO RiCO LLE CTO R wi]] provi de to the Ci ty auditor necessary explanations of a 11 reports and ace e ss to
ASSES SO RICO LLE CTOR in-house tax system computer tennina]5 to assist the City auditor in veri fying a ud its amp Jes of the
fmancia] data previously provided by the ASSESSOR/COLLECTOR during the past audit period.
I f the City e Ie c 15 to have its a udi tors conduct a II C ompu ter s ys tern assurance revìew a udi e' req umng assistanc e from
ASSESSOR/COLLECTOR system s programmers and accountants, the fee is $660.00 per day ~ whích wi11 be deducted from the
Ci ty t s current co Ilections at the end of the month.
J<
TAX RA T.t."' REQUIREMENT
The City will provide the ASSESSOR/COLLECTOR, in writing, the City~s newly adopted tax rate and exemption
sc hed u I e to be applied r or assessi ng pu rposes by Wed nesd ay, September 5, 2007. Under authority 0 f Se c tion 31.01 (h) of
the Property Tax Code, any additional co st of printing and ma i 1 ing tax statements because of la te reporting of the tax "fate or the
exemption sc hed u Ie wìIl be charged to and must be paid by the City. I f the City wishes i is coliee non reports to be i temízed as to
maintenance and operation fund and jntere st and sinkìng fund, then the notice advising of the new tax rate must set aut the
Sepilra te rate s, as we 11 as the tota l rate.
The tax rate and the exemption sc hedu!e for each of the last five (5) years in which an ad valorenl tax was It: vieù! or all príor
years where there remains delinquent tax, must be furnished ìn 'Writing to the ASSESSORlCOLLEcrOR at the tìme of the
initía 1 contract.
VI.
COMPLIANCE WITH APPLICABLE
STATUTES, ORDINANCES, AND REGULATIONS
In performing the se rv i Ct::s n:q uired under thìs Agreement) the ASSE S S OR/CO LL ECT 0 R shall C omp! y with a]] app l ic ab]e
federal and state 5 tatutes) finaJ Court orders and Comptro Her regula lions. If such compliance is ímpossible for reas ons beyond
its contra II the AS SE S S 0 RICO LLECTO R sha]] imm~d i a te I y notify the City of tha t fact and the reasons therefore.
VIL
DEPOSIT OF FUNDS
All fimds co]lected by the ASSESSOR/COLLECTOR in the performance of the services stated herein for the City sha]1 be
prompt! y transferred to the account of the City at the Cí ty' s depository bank. A 11 payments to e lltÍti e s \'~i 11 be made
e] eç (Toni c a 1ly eí mer by the autorna ted c lcming house (A C II) or \vi rc trans t~r ~ Wi rc trans ferrcd fu nds \\-it1 in cur a 11 add it i on¡J J
fee, wruch will be charged back to the City and deductcd frOlll those l;ullected funds~ The nansfer fees charged \ViJl be the same
fees charged to the COID1ty by its bank dep05itory~ If the City desires its tax disbursements to be made by wire transfer the
ASS E S S 0 RICO LiE CTOR has no lia b i 1 i ty for the funds a fier ini tia tìon 0 f the \Vi re transfer of the City's fu.nds from the
CO UNTY Depos i tory to the City's designated depos i tory .
VIII.
INVESTMENT OF FUNDS
The Cìty hereby agrees that the COUNTY! acting through the C01JNTY Audìtor, may invest collected ad valorem tax funds of
the Ci ty during the period between co] ]ec tion and payment. The COUNTY agrees that it wi1] in yes t sue h fimds in camp I lane e
\Vi th the Public Funds In vesttnent Ac t The COUNTY further agrees that ìt will pay to the City a] 1 ín1ere st or other earnings
attributable to taxes owed to the City. ·[he ASSESSORJCOLLECTOR agrees to deliver to the COUNTY Auditor aU ad
valorem taxes coHee ted on beha] f of the City for in yes tment on a time]y basìs. A 11 parties agree ilia t this Agreement wíll not be
construed to ]engthen the time period during which the COUNTY or the ASSESSOR/COLLECTOR may hold such funds
be fore payment to the Ci ty.
IX
REFUNDS
Refunds wi]] be made by the ASSESSOR/COLLECTOR except as set forth herem. The ASSESSOR/COLLECTOR wìIl
ad vise the City of change s ín the tax roIl which were mandated by the Tarrant Appraisal Dìs trict.
The ASSESSORJCOLLEcrOR will not make refunds on prior year paid accounts unless the prior year paid accounts for the
past five (5) years are provided to the ASSESSOR/COLLECTOR.
All refunds of overpayments or erroneous pa ymen ts due ~ but not req ues ted, and as described in Section 31.11 of the Texas
Property Tax Code, wìll a fier three years from the da te 0 f payment) be p roportiona tel y disbursed to those ent1tÍe s contrac ting
with the ASSESSOR/COLLECTOR. The contract must have been in force~ actua] assessment and collection functions begun
and the tax ac count was at the tìme 0 f the over or erroneous payment wi thin the Cìty' s jurisdiction. The proportional share is
based upon the City's percent of the tax account's total levy assessed at the time of recet pt 0 f the over or erroneo us pa ymen t
In the event any ] a wsu it regarding the colleen on of taxes provided for in this agreement to which Cì ty of North Richland Hi]] s ìs
a partyl is settled or a fmal judgment rendered, and which [mal judgment is not appeaJed~ and the terms of such senlcment
agreement or fmal judgment require ilia t a refund be issued by City of North Ríchland Hills to the taxpayer, sue h re fund shall be
made by ASSESSORlCOLLECfOR by debiting fimds collected by ASSESSOR/COLLECTOR on behalf of City of North
Ric h 1 and Hills and remitting such refund to the taxpayer in confonnity wi th the tenns of the settlement agreement or final
judgment.
X
DELINQUENT COLLEC'110NS
The AS SESSa RICO LLECI 0 R \\ill assess and collect the co] lection fee pursuant to Sections 33.11) 33.07, 33.08 and 33.4 8 0 f
the Property Tax Code, when aJlowed. The ASSESSORJCOLLECTOR \VÌIl collect attorney fees that are specified by the City
through written agreement with a delinquent collection Attorney. The ASSESSORlCOLLEcrOR Ylill disburse the amount
directly to the City for compensation to a Firm illlder contract to the City~
If the delinquent collection Attorney contracted by the City requÎIes attendance of ASSESSOR/COLLECTOR personnel at a
court other than the District Courts ín dovmtown Fort Wo~ and the COUNTY ìs not a party, the employeets expenses and
proportionate sa [ary wìll be the respons ibi 1 i ty 0 f the City and wi]] be added to the co] Iecti on expenses and charged to the Cíty.
The ASSE S S 0 RlCO LLECTO R wi 11 not be responsible for the co llee tion of prior year delìnquen t ac counts unless a 1] de 1 inquent
accounts inforrnatìon is provided to the ASSESSOR/COLLECTOR.
XL
TERM OF AGREEMENT
This Agreement shall become effective as of the date hereinabove set out) and shall continue in effect during the 2007 tax year ~
unless sooner termína ted by providing sixty (60) day written notice, as out] ined in paragraph XlI.
XIl
NOT/CES
Any notices to be given here under by either party to the other maybe effec ted) in 'Writing) either by persona l del i very or by rnai 1)yregìs tered or certified, pas tage prepaìd with return reee ipt requested. Mailed notìces shall be addressed to the addrcs s of the
parties as they appear ín the inttoductory paragraph of this Agreement) but each party may change this address by \Witten notice
in ace ordance with thìs parabJT3 ph~
XIIL
MISCELLANEOUS PRO VlS10NS
This ins trument hereto conU ins the entire Agreement bet\veen the parties re la ting to the rights herein granted and obI iga tions
herein assumed. Any oral representa lions or modi fica !ions C onceming this instrument sha 11 be 0 f no force or e free t.
This Agreement shall be construed under and in ac c ordance \Vi th the laws 0 f the State 0 f Texas, and a]] 0 b] iga tÎons of the parties
created he reunder are perl onna b le i n Tarrant County T eX3S.
This Agreement shall be b índing upon and inure to the b~nt: fit 0 f the partjt:s ht:reto and their respcctí ve Ie gal representa h ves and
successors .
In c ase anyone or more of the provis ions conta med in this Agreement sha 11 for any reason be he!d to be invalidJ i 1] ega l, or
unenforceable ín any respect) such invalidity, illegality! or enforceability shall not affect any other provision hereof and this
AgreelneJ 11 :shall be construed as if such in v a 1id~ iJ]e gal) or W1ent orceab Ie provis ions had never been contained~
This Agrecm~n tan d the 3 tta c hme nts hereto C onsti tutC5 the so Ie and only agreement of the parties Ill::'n;tu and supersedes any
prì or understandings or wrì tten or oral agreements between the parties respecting the within sub jee t matter,
E xecu ted on the day and year firs t above \VIi nen, Tarrant COW1ty ~ Texas.
BY:
BETSY PRICE
TAX ASSESSOR/COLLECTOR
TARRANT COUNTY
DATE
FOR THE CITY OF NORTH RICI/LAND IIILLS:
BY.+
DATE
TITLE:
FOR TARRANTCOllNTY:
BY:
B. GLEN WHITLEY
TARRANT COUNTY JUDGE
DATE
APPRO VED AS TO FORAf "if AND CONTRNT
BY:
D/STRlCl' A lTORNEY'S OFFICE
DATE
"'s.y law, t.he. District Attorn-ey'~ Offiçe HL"'Y unly aC1vlse or app:r;ove- contracts or legal documents on beha.lf
of its clìents~ It may not advise or approve a contract or leg~l document on behalf of othcr parties.
Our review of this docu~ent was conducted solely from the legal perspective of our client~ Our approval
of this document was offered sOlely fo~ the benefit of our r.lient. Other parties ~hould not rely on thi~
approvalJ and should sBek review and approval by their own respec:ive attorney(s}.
CITY OF
NORTH RICHLAND HILLS
Department: Finance
Presented by: MCurtislLKoonce
Council Meeting Date: 7-23-2007
Agenda No. B.3
Subject: PU 2007-033 Award Bid No. 07-1393 for the 2007 Street Sub-grade
Stabilization Project to McClendon Construction Company in the amount of $64,367.50.
As part of the 2007 Preventive Street Maintenance Program (Project number SM0701,
Account #315-6003-603.43-45), Council appropriated funds for the 2007 Miscellaneous
Street Sub-grade Stabilization Project. Formal bids were solicited for street excavation
with lime stabilization for the following streets:
1. Deville Drive (Victoria Avenue/Blaney Avenue)
2. Meadowcreek Road (North Forty/Hightower Drive)
3. Mark Court (April Lane/Court)
4. Browning Drive (Iron Horse Blvd./250 Feet West)
Notice of the City's intent to bid was advertised in local newspapers, as required by
State statute, and posted on the City's Website. Sixteen (16) vendors were contacted
and requested to participate in this bid process. Bid specifications were viewed from the
City's Website by twelve (12) additional vendors. Four (4) bids were received from the
vendors listed below:
Vendor/Firm BROCK JRJ McCLENDON RE"YNOLDS
PAVING PAVING CONSTRUCTION ASPHAL T
Description Total Total Total Price Total Price
Price Price
Unclassified Street
Excavation (1386 CY) $20,790.00 $21,205.80 $18,018.00 $23,839.20
Sub-grade Stabilization
wllime, 6" thick (9617 SY) $62,510.50 $45,680.75 $24,042.50 $40,391.40
Hydrated Lime
(169 Tons) $20,280.00 $19,063.20 $17,407.00 $21,801.00
Mobilization (1 LS) $3,500.00 $10,800.00 $4,900.00 $8,000.00
Total Base Bid $107,080.50 $96,749.75 $64,367.50 $94,031.60
N umber of days to
complete project 45 DAYS 45 DAYS 30 DAYS
The Public Works Department has evaluated all four (4) bids that were submitted; each
bid meets specifications. McClendon Construction Company submitted the lowest bid
and it is recommended that they be awarded this contract. McClendon Construction
Co., Inc. has performed this type of work for the City in the past on several projects.
McClendon has always met the project specifications and completed the work within the
acceptable time frame.
Recommendation:
Award Bid No. 07-1393 for the 2007 Street Sub-grade Stabilization Project to
McClendon Construction Company in the amount of $64,367.50.
CITY OF
NORTH RICHLAND HILLS
Department: Finance
Presented by: TPowell/LKoonce
Council Meeting Date: 7-23-2007
Agenda No. B.4
Subject: PU 2007-036 Award Bid No. 07-1394 Various City Facility Interior & Exterior
Renovations to Fast-Trak Construction in the amount of $134,483.52.
The scope of the projects as approved by Council in the 2006/2007 CIP and Building
Service Fund includes:
Project #1
1. The renovation and expansion of the dining/kitchen areas at Fire Station 2 & 3
Project #2
1. Dividing the existing break room to accommodate a conference/training room,
addition of two (2) offices and maintaining a break room area for Public
Works/Utility at the Service Center
2. Renovation of the Dan Echols Senior Center that will include thirteen (13)
new energy efficient windows, automatic front door operator, interior painting
and installation of Fiberglass Reinforced Panels in both restrooms
3. Automatic front door operator at Bursey Road Senior Center
4. Installation of a Dutch-door assembly for the Police Department records room
The bid also included an alternate project for the installation of exterior windows for the
Public Works/Utility area that will not be awarded due to funding.
Notice of the City's intent to bid was advertised in local newspapers, as required by
State statute, and posted on the City's Website. Twelve (12) vendors were contacted
and requested to participate in the bid process. Bid specifications were viewed on the
City Website by ten (10) additional vendors. Five (5) bids were received from the
vendors listed below:
Vendor/Firm Hidalgo Ind. Concord Ed Parker Fast - Trak Modern Cont.
Comm. Const.
Fire Station 2 & 3 -
Amooot to supply all
material $72,520.00 $33,184.86 $61,516.00 $26,060.64- $50,400.00
Fire Station 2 & 3 -
Amooot to supply all
labor & supervision $55,365.00 $49,777.29 $41,010.00 $34,570.00 $75,600.00
Project Sub-Total $127,885.00 $82,962.15 $102,526.00 $60,630.64 $126,000.00
Pub lie W orkJUtility ,
Bursey, PD & Dan
Echo ls- All material $65,150.00 $30,484.00 $51,632.00 $31,552.88 $64,400.00
Pub lie W orkJUtility ,
Bursey, PD & Dan
Echols-All labor &
. . $44,750.00 $45,726.00 $34,421.00 $42,300.00 $96,600.00
SUpervlS Ion
Project Sub-Total $109,900.00 $ 76,210.00 $86,053.00 $73,852.88 $161,000.00
TOT AL BID $237,785.00 $159,172.15 $188,579.00 $134,483.52 $287,000.00
Of the five (5) bids received, Fast-Trak Construction submitted the lowest bid meeting
specifications for the projects. Project scope and materials have been reviewed with
Duane Gordy of Fast-Trak Construction. Supplier and client references have been
contacted and we received favorable remarks; suppliers noted that the contractor is
current and the clients' comments were all favorable.
Fast-Trak Construction is a HUB Women-Owned Business Enterprise. They have filed
their Conflict of Interest Questionnaire with the City of North Richland Hills and they will
submit their payment and performance bonds within ten (10) days of receiving notice of
their bid being accepted.
Recommendation:
Award Bid No. 07-1394 Various City Facility Interior & Exterior Renovations to Fast- Trak
Construction in the amount of $134,483.52.
Department: City Secretary
Presented by:
Subject: PUBLIC HEARINGS
No items for this category.
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 7-23-2007
Agenda No. C.O
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 7-23-2007
Agenda No. D.O
Subject: PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing.
No items for this category.
Department: City Secretary
Presented by:
Subject: PUBLIC WORKS
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 7-23-2007
Agenda No. E.O
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Presented by: Mike Curtis
Council Meeting Date: 7-23-2007
Agenda No. E.1
Subject: GN 2007-062 Recommend Award of Bid for the 31st Year CDBG Project (Rita
Beth Street Paving Improvements from Glenview Drive south to dead end) to
McClendon Construction in the amount of $248,908.00
On February 25, 2005 (GN 2005-026), Resolution No. 2005-015, the City Council
approved the Rita Beth Street (Glenview Drive south to dead end) Paving
I mprovements Project (the "Project") as the 31 st Year Commu n ity Development Block
Grant (CDBG) project. In coordination with Tarrant County, the Project was designed,
reviewed and approved for bidding. Bids were received by Tarrant County on January
31, 2007. A total of nine contractors submitted bids; the three low bidders are
summarized in the table below:
Name of Contractor
Estrada Concrete
McClendon Construction
Stabile & VVinn, Inc.
Base Bid with
Concrete
$ 239,394.37
$ 248,908.00
$ 265,677.80
Base Bid with
Asphalt
No Bid
No Bid
No Bid
The bid prices include street reconstruction, storm drainage improvements and
sidewalks. Tarrant County will be administering the Project which will include award of
the construction bid and construction management. However, Tarrant County's
administration of the Project does not include construction inspection; the City will
provide these services.
On April 9, 2007, Public Works submitted a coversheet to City Council that
recommended the award of a Project contract to Estrada Concrete. This
recommendation was based on Estrada Concrete's low bid and interviews that were
conducted by both NRH staff and Tarrant County's engineering consultant (Teague,
Nail and Perkins). The low bid was originally found to be complete and responsive.
However, during the preconstruction meeting for the Project, the contractor stated the
bid was based on using a vibratory screed instead of the City required paving machine.
Staff had discussed this specific Issue with Estrada Concrete prior to staff
recommending Estrada Concrete to the City Council on April 9th. At the time, Estrada
Concrete indicated that they could construct the Project with a paving machine for their
original bid amount. However, after Council recommended Tarrant County award the
contract to Estrada Concrete (and after the Tarrant County Commissioners awarded the
Project's contract to Estrada Concrete), Estrada Concrete indicated that they would
need an additional $32,000 if they were to use a paving machine on the Project. This
additional $32,000 would bring their total bid to $271 ,394.37. This "revised bid amount"
moved Estrada Concrete from the lowest bidder to the fourth lowest bidder.
Tarrant County has released Estrada Concrete from the Project's contract and
presently, Tarrant County is requesting the City Council to recommend an award of the
bid to the second lowest bidder, McClendon Construction. McClendon Construction has
agreed to honor their original bid prices, which always included the use of a paving
machine.
The available CDBG construction funds available from Tarrant County for this Project
total $270,257.65. The project budget includes the 31 st Year CDBG grand and
$96,245.45 of cost savings associated with recently completed CDBG Projects. After
the completion of the Project, it is estimated that there will be slightly in excess of
$21 ,000 available to be used for next year's (32nd Year) CDBG Project (Jackie Lee
Street). Construction is scheduled to begin in late August 2007 and will take 120 days
to complete.
Recom mendation:
To recommend award of bid for the 31 st Year CDBG Project (Rita Beth Street from
Glenview Drive South to dead end) to McClendon Construction in the amount of
$248,908.00.
Respon !ßve 5er~/t).e. R If.: lia bJc R~5U Jt5.
iO~ TEAGUE NALL AND PERKINS. . '"
/~,-'; t~':' .~~
,I ~ ~
.,' " ..' ù 200; ~-
c:·~' il E II·J II ~~II rrpg SUrveyl nq _= n j s -:: f'I pe- A ['"": t- - F.~~~I I[ f.
Plfmning
July 0912007
Mr. Gregor)' Van Nieuwenhuizel P.E.
City of North Ric.hland Hills
P,O. Box 820609
North Rich1and Hills. Texas 76182-0609
RE: CCBG - 31!1t Year Project
Reconstruction of Rita Beth Str98t
City of North Richland H il15fT arrant County
TNP# TAR 05234
J .~..
~",'L .,.., ~,~. j
~ <:"~..jl
Greg:
OriginaUYI On Wednesday January 3112007 at 10:30 AMI bids were received fDr the above
referenced project The nine formal bids ware received as follows:
BASE BID A & B
(CONCRETE PAVEMENT)
BASE BID B & C
(HMAC PAVEMENT)
E stra d a Concrete
McClendon Construction
StSlbile & Winn Inc,
Qua1ity Excavatlon
Reliable Pavìng
Ed A. Wilson
Adv6nced Paving
Ken-Do Contractíng
Careon fndusbies &. Canst.
S239þ394.37
8248.908.DO
5265,677.60
$266,164,70
~2B7,434,OO
$288,915,00
$335,163.75
$347,319.50
$380,858.84
No Bid
No Bid
No Bid
$267,827.20
$273,959.00
No Bid
No Sid
$372,411.50
$273 I 362~44
The low bid was originally found 10 be complete and responsive. BLJt, later was revea led to
include pa-ving work using only a vibratory screed in3tead of the City required paving machine,
Estrada Concrete later agreed to use a paving machine for an additional project cost of $32,OOO~
yielding a project total of $271,394.37 and moving Estrada Concrete to the number four lowest
bidder. McCfendon Constructioll wi~1 ho no r thei r bid prices] which alwa.ys included the use of a
paving machine. makìng McClendon Construction the ney,¡ law bidder,
Based on previous experience with this contractor, on projects of similar type and size we
recommend that the City of North Richland Hí1ls make the recommendation to Tarrant County to
award th e contract fDr th e Reeo n s tru ctio n of Rit a Bet h Street to McClend on CD nstrucbo n fa r
Ba.se Bid A &. B (Concrete Pavement:) in the amount ðf $248,908.0Q.
The ictal availabJe C DBG construction fu n ds amount to $2701257.65 far this project, which includes
funds from tlie 30th and 31~~ years, Any fu nds not used for this years proíect will be eligible for the
33~{] year CDSG project.
Fort Worth ~ Dalla.s · Do€:nton .. Shtlnnan
~ 1 08 Macc~ ~,tr~e: í or: \f\J'Qr:í, Tex6~ 76·102 Ë 17 336.~7Ì3 ~hone 817.336 2813 ':ilX
'tI..."\o"\I\-'I,.' lnp-(1.·~J¡n~ ~y¡qJ
A complete bid fabulation is attached for your use. If you have any questions or require
addit!onal informatíon, please do not hesi'ate to cajl.
SinceælYt
TEAGUE NAlL AND PERKI INC.
~2
Mark E_ Murphree,
Attachmen t
cc: Do n DaV - T arra nt Cou n ty Comm un I ty DelJelop m e nt
(Excerpt from NRH 2006/2007 Capital Projects Budget)
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CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Presented by: MCurtislLKoonce
Council Meeting Date: 7-23-2007
Agenda No. E.2
Su bject: PU 2007-035 Award Bid No. 07-1388 for Flow Meter Eq ui pment to Macau lay
Controls Company in the amount of $28,423.
In the 2006/2007 approved budget, Council allocated $35,000 for the purchase of flow
meters. The flow monitoring equipment includes a module with compatible software
capable of measuring the flow in 6" through 18" sewer lines. This equipment will allow
the Wastewater Technician and Sewer Division personnel to collect and study the
impact of rain events on the City's sanitary sewer system throughout various locations
in the City. Collected data can be reviewed, logged, and studied to determine areas
that have an Infiltration and Inflow (III) problem. Once problem areas are identified, staff
can make repairs to the system so that the III can be reduced.
Notice of the City's intent to bid was published in local newspapers, as required by State
statute and posted on the City's Website. The Notice of Intent to bid was sent to six (6)
vendors requesting them to participate in this bid process. Bid specifications were
downloaded from the City Website by seven (7) additional vendors. Four (4) bids were
received from the vendors listed below:
Vendor
1. C. C. Lynch & Associates*
2. Macaulay Controls
3. Hach/Marsh McBirney
4. Sendero South
Base Price
$15,521.00
$28,423.00
$29,028.00
$36,329.00
With Options
$37,290.00
$63,651.00
$64,861.00
$81,731.00
*Does not meet specifications
A total of four (4) companies submitted bids. Three of the four companies meet the bid
specifications. C. C. Lynch & Associates' bid proposal was for equipment that does not
meet the specifications, using a Doppler technology instead of the requested Radar
technology.
The three remaining proposals all meet specifications and include optional equipment
that would exceed the department's approved budget. Public Works has recommended
the optional equipment not be purchased at this time and that Macaulay Controls
Company be awarded the bid in the amount of $28,423.00. It is anticipated that the flow
meters will benefit the City in two areas. First, by identifying and repairing the sections
of the sanitary sewer system that have an III problem, the volume of sewer flow that the
City pays to have treated can be reduced. Because so many factors impact the city's
sewer cost, the reduction in the cost due to decreasing the III may not be easily
quantified. The purchase of the flow meter and the planned reduction of III will be a
proactive approach in managing the City's sewer cost.
The second benefit will be a reduction in the risk of a sanitary sewer overflow. Even
though the City does not experience many sanitary sewer overflows, the risk is greatest
during rain events. By reducing the III, the volume of flow that the sewer lines are
carrying will be substantially reduced. Mike Curtis will also explain the functioning of the
flow meters when this bid item is presented.
Recommendation:
Award Bid No. 07-1388 for Flow Meter Equipment to Macaulay Controls Company in
the amount of $28,243.
Department: City Secretary
Presented by:
Subject: GENERAL ITEMS
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 7-23-2007
Agenda No. F.O
CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office
Presented by: Elizabeth Reining
Council Meeting Date: 7-23-2007
Agenda No. F.1
Subject: GN 2007-060 Renaming Simmons Road between Mid-Cities Boulevard and
Grand Avenue - Ordinance No. 2947
The 2007 Senior Class of Birdville High School requested the City re-name a portion of
Simmons Road, between Mid-Cities Boulevard and Grand Avenue, to Hawk Avenue to
reflect the street's proximity to Birdville High School. Birdville High School's mascot is
the hawk. At their May 9 regular meeting, the Youth Advisory Committee worked with
the Senior Class and recommended the name change to City Council. The City Council
heard the request at its June 25, 2007 Regular Work Session and referred the name
change to the Naming Board. The Naming Board met on July 9, 2007 and
recommended to City Council it change the name of a portion of Simmons Road,
between Mid-Cities Boulevard and Grand Avenue, to Hawk Avenue.
The change would only affect a portion of Simmons Road. We haven not been able to
determine if Simmons Road was originally named for a person. The City's History Book
lists two Simmons of prominence in the City. One, Mr. Phillip Simmons was a minister
at North Richland Hills Baptist Church but he was prominent many years after Simmons
Rd was originally platted. Ms. Myrtle Simmons was the first Associate matron of the
Richland Hills Eastern Star, a chapter of the Masonic Lodge in the 1950s. Simmons
Road may be named for Ms. Simmons but we do not know. The portion of Simmons
Road between Amundson Drive and Martin Drive will remain Simmons Road. So if
Simmons Road is named for Ms. Simmons she will still be honored.
A map showing the portion of Simmons Road to be renamed is attached.
Recommendation:
Approve Ordinance No. 2947 Renaming Simmons Road to Hawk Avenue between Mid-
Cities Boulevard and Grand Avenue.
Ni~H
ORDINANCE NO. 2947
AN ORDINANCE CHANGING THE NAME OF SIMMONS
ROADBETWEEN MID-CITIES BOULEVARD AND GRAND AVENUE.
WHEREAS, the 2007 Senior Class of Birdville High School wanted the section of
Simmons Road between Mid-Cities Boulevard and Grand Avenue to
better reflect its proximity to the school; and,
WHEREAS, the 2007 Senior Class of Birdville High School approached the City about
changing the name of Simmons Road between Mid-Cities Boulevard and
Grand Avenue to Hawk Avenue; and,
WHEREAS, the Youth Advisory Committee reviewed the name change request and
recommended the change to City Council at its May 9, 2007; and,
WHEREAS, the Naming Board also reviewed the request and recommended the name
change to City Council at its July 9, 2007 meeting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH
RICHLAND HILLS, TEXAS:
SECTION 1. THAT the section of public street in North Richland Hills from Mid-Cities
Boulevard to Grand Avenue previously known as Simmons Road will be
renamed.
SECTION 2. THAT Such public street shall hereafter be known as Hawk Avenue.
PASSED AND APPROVED on this the 23rd day of July, 2007.
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
SECTION OF SIMMONS ROAD PROPOSED
TO CHANGE TO HAWK AVENUE
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CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development
Presented by: John Pitstick
Council Meeting Date: 7-23-2007
Agenda No. F.2
Su bject: G N 2007-061 Consider Amend ment to Chapter 1 04 Gas Well Dri II ing and
Production - Ordinance No. 2945
Significant changes have occurred in the technology in gas drilling in the Barnett Shale
over the past couple of years. Accordingly, staff is proposing changes to the current
Gas Drilling and Production ordinance in an effort to provide the best safety and quality
standards for our community.
Staff continues to work with several gas well operators interested in drilling in North
Richland Hills. At this time only one well has been drilled at Graham Ranch near
Hightower and Rufe Snow by the Harding Company which now goes by Metroplex
Barnett Shale LLC. Several companies are actively seeking mineral rights throughout
the city and staff is also receiving requests for future gas pipelines to bring potential gas
to market. The City has leased the mineral rights to several public park sites to the
Harding Company and Chesapeake Energy. At this time it appears that North Richland
Hills will have less than a dozen potential drilling sites in which several wells could be
drilled within each drilling site.
The initial Gas Drilling & Production Ordinance No. 2862 was adopted on November 14,
2005. The Development Review Committee along with key staff have reviewed area
cities ordinances and worked diligently to bring forward revisions that are fair to
operators, safe and unobtrusive to the community and reflect current technology.
The following meetings have been held in addition to internal staff meetings to get as
much input as possible prior to the adoption of a new Gas Drilling and Production
ordinance.
June 11, 2007
June 28, 2007
June 29, 2007
July 9, 2007
City Council Work Session
Gas Board of Appeals Work Session
Open meeting with Gas Well Operators and Pipeline Companies
Follow Up Work Session with City Council
The proposed new ordinance will be formatted into five separate articles:
I. Purpose and Definitions
II. Dri II ing and Production
III. Appeals
IV. Gas Pipeline Installation
V. Penalties, Severability and Effective Date
The proposed ordinance, which is included in this packet of information, shows the
changes or additions in green, and the deletions are indicated through mark troughs.
Primary Changes to Gas Well Drilling and Production Ordinance:
1) Requiring Close Loop Systems exclusively
2) Increasing Fees ($5,000 to $10,000 for each well)
3) New Screening Standards
a. Chain link fences with wooden slats during drilling phase
b. Concrete walls within 90 days of completion of drilling
4) Lim iting hours of operation (all operations other than drilling between 7 am
and 7 pm Monday through Saturday; preparation for fracturing operations
allowed other than designated hours with approval of Gas Inspector)
5) New Pipeline regulations (right-of-way use agreement for all proposed
pipelines with insurance and as-built plans required)
6) Exempting distance setbacks in city parks
7) I ncreasi ng setbacks from d ri II sites fo r new constru ction (150 feet from
outside boundary or fence of final production drill site; recordable easement
required of Gas Operator as part of permit)
8) Requiring concrete access roads (all weather surface during drilling, concrete
access required 90 days after production phase on all active drilling permits)
9) Drilling in floodway with FEMA approval
1 O)Allowi ng co m presso rs and com pressors sites with app roval from the Gas
Board of Appeals
11 )Allowi ng Gas Operators and Pi pel i ne Com pan ies to p rovid e pro per secu rity
and documentation for self insurance
It is staff's contention that the proposed ordinance revision effectively protects current
and future citizens and businesses from any negative aesthetic impacts of gas drilling
and production while allowing gas well operators and gas pipeline companies the ability
to move forward in a fair and timely manner with drilling and production activities. The
changes to the Gas Drilling & Production ordinance along with the role of an
independent Gas Board of Appeals as well as having local control through an in-house
Gas Inspector (Assistant Fire Chief Kirk Marcum) gives the City of North Richland Hills
the best possible scenario for allowing the production of gas in our community while still
maintaining high safety and quality standards.
Bo Bass did receive a letter from Mr. Rob Shultz of Exxon Mobil Production Company
complaining of some provisions of the proposed ordinance. Attached to this cover
sheet is Mr. Shultz's letter and Mr. Bass's response. The City Attorney and staff believe
that the provisions of the proposed ordinance are still valid and appropriate and do not
agree with Mr. Schultz, but we did want to advise Council of this complaint.
Recom mendation:
Approval of Ordinance No. 2945 Revisions to Chapter 104 Gas Drilling & Production.
PRE-DRILLING Setbacks require 600 feet from well and 300 feet from tank
batteries
(Public Hearing, notification of surrounding property owners and approval by Gas Board
of Appeals for any variance for existing buildings intended for human occupancy less
than 600 feet from well)
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POST DRI LLI NG Setbacks proh ib it any new bu i Id i ng s with i n 150 feet from outsid e
boundary or fence of final prod uction drill site
(Recordable easement prohibiting new building construction within 150 feet from
outside boundary of final production drill site required from Gas Operators as part of
permit.)
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Ni~H
ORDINANCE NO. 2945
AN ORDINANCE AMENDING CHAPTER 104 OF THE CITY COUNCIL
OF THE CITY OF NORTH RICHLAND HILLS CODE OF ORDINANCES-,
TEXAS, REGULATING THE DRILLING AND PRODUCTION OF GAS
WELLS WITHIN THE CITY; PROVIDING AN APPEALS PROCESS;
REGULATING GAS PIPELINE CONSTRUCTION; PROVIDING A
PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING A
CUMULATIVE CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a Home Rule Municipality
located in Tarrant County, Texas, created in accordance with the
provisions of the Texas Local Government Code and operating
pursuant to the enabling legislation of the State of Texas and its
home rule charter; and
WHEREAS, the City Council of North Richland Hills, Texas finds that the
enactment of regulations of drilling and production of gas prior to
permitting such operations in a developed high quality residential
community is necessary in order to protect the health, safety, and
general welfare of the public; and,
WHEREAS, the regulations herein established will preserve property values as
well as ensure safety by limiting noise, requiring screening and
landscaping, establishing minimum distance from residential and
business structures and requiring restoration of drilling sites and
otherwise minimizing the impact of such operations on the city's
residents; and,
WHEREAS, the City Council of North Richland Hills, Texas deems it prudent to
enact an ordinance to govern the drilling and production of gas
within the corporate limits 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 above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
Section 2: THAT, Chapter 1 04 of the City of North Rich land H ills Code of General
Ordinances be is hereby amended by Ctdding Ct nc\^¡ ChCtptcr 104, GCtS
"'A/ell Drilling 3nd Production, comprising of ne\JV sections 1 O~ 1 through
1 O~ 23, \AJhich sh311 to read as follows"
Recom mended Changes to Ordinance by Staff
Table of Contents
Article I - Pu rpose and Defi n itions
Section 104-1 Purpose
Section 104-2 Defin itions
Article II - Drilling and Production
Section 104-3 City Oversight
Section 104-4 Operator's Agent
Section 104-5 Seismic Survey Permit Requirements
Section 104-6 Gas Well Permit Requirements
Section 104-7 Gas Well Permit Application and Filing Fees
Section 104-8 Permitting Procedure
Section 104-9 Amended Gas Well Permits
Section 104-10 Suspension or Revocation of Gas Well Perm its
Section 104-11 Periodic Reports
Section 104-12 Bond, Letters of Credit, Indem nity, Insu rance
Section 104-13 On site and Technical Regulations
Section 1 04-14 Screening
Section 104-15 Cleanup and Maintenance
Section 104-16 PI ugged an d Aban doned Wells
Section 104-17 Techn ical Advisor
Page
3
3
9
9
9
10
13
17
18
19
20
21
26
34
36
36
38
38
40
Article III - Appeals
Section 1 04-18 Appeals
Secs. 1 04-19--1 04-30. Reserved.
Article IV - Gas Pipeline Installation
Section 104-31 Public Right-Of-Way Use Agreement Requirements40
Section 104-32 Fees and Payments to City 41
Section 104-33 Regulatory Authority of the City 41
Section 104-34 Use of Public Rights-Of-Ways 42
Section 104-35 As-Built Plans and Maps 45
Section 104-36 Liabi I ity and I ndem n ification 46
Section 104-37 Insurance 47
Section 104-38 Provision of Information 48
Secs. 1 04-39--1 04.50. Reserved.
Article V - Penalties, Severability and Effective Date
Section 104-51 Penalty
Section 104-52 Severability Clause
Section 104-53 Repealer and Savings Clause
Section 104-54 Publication Clause
Section 104-55 Effective Date
48
49
49
49
50
50
"CHAPTER 104. Gas Well Drilling & Production
Article I - Pu rpose and Definitions
Section 104-1. Purpose
The exploration, development and production of gas in the City are activities which
necessitate reasonable regulation to ensure that all property owners, mineral and
otherwise, have the right to enjoy their property and its benefits and revenues. It is
hereby declared to be the purpose of this chapter to establish reasonable and uniform
limitations, safeguards and regulations for operations related to the exploring, drilling,
developing, producing, transporting and storing of gas and other substances produced
in association with gas within the City to protect the health, safety and general welfare
of the public, minimize the potential impact to property and mineral rights owners,
protect the quality of the environment and encourage the orderly production of available
mineral, and gas resources.
Section 104-2. Definitions
All technical industry words or phrases related to the drilling and production of gas wells
not specifically defined in this chapter shall have the meanings customarily attributable
thereto by prudent and reasonable gas industry operators. 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:
Abandonment: means "abandonment" as defined by the Texas Railroad Commission
and includes the plugging of the well and the restoration of any well site as required by
this chapter.
Affiliate: means any individual, partnership, association, joint stock company,
limited liability company, trust, corporation, or other person or entity who owns
or controls, or is owned or controlled by, or is under common ownership or
control with, the entity in question..
All-Weather Hard Surface: means a permanent surface that as a minimum is a base
course constructed such that is meets the requirements of the International Fire Code,
be at least twenty feet (20') wide, have an overhead clearance of fourteen feet (14'),
drains appropriately, remains water resistant, is free of litter, debris, weeds, grass or
other objectionable materials or objects and is visibly dust free.
Base Flood: means the flood having a one percent (10/0) chance of being equaled or
exceeded in any given year.
Berm: means a mound of soil, either natural or man made, used to obstruct a view. The
side slope shall not exceed a th ree foot (3)' horizontal and a one foot (1') vertical slope.
Blowout Preventer: means a mechanical, hydraulic, pneumatic or other device or
combination of such devices secured to the top of a well casing, including valves,
fittings and control mechanisms connected there with, which can be closed around the
drill pipe, or other tubular goods which completely close the top of the casing and are
designed for preventing the uncontrolled flow of oil, gas and drilling fluids from the
well blowouts.
Building: means any primary structure used or intended for supporting or sheltering any
use or occupancy. The term "building" shall be construed as if followed by the words "or
portions thereof. II
Cathodic Protection: means an electrochemical corrosion control technique
accomplished by applying a direct current to the structure that causes the structure
potential to change from the corrosion potential to a protective potential in the immunity
region. The required cathodic protection current is supplied by sacrificial anode
materials or by an impressed current system.
City: means the City of North Richland Hills, Tarrant County, Texas.
City Attorney: means the City Attorney of the City of North Richland Hills, Texas.
City Code: means the Code of Ordinances of the City of North Richland Hills, Texas.
City Council: means the governing body of elected officials for the City of North
Richland Hills, Texas.
City Manager: means the City Manager of the City of North Richland Hills, Texas.
Closed Loop System: means a series of tanks including filters separators and
shakers on the discharge side of the drilling process that contains by-products of
drilling such as cuttings and earthen materials to contain the by-products and
recycle u seab Ie materials for reuse in the d ri II i ng process.
Commission: means the Texas Railroad Commission.
Completion: means the date the work is completed for workover and flowback
operations and the crew is released by completing its work or contract or by its
em ployer.
Co m presso r: means a device that raises the p ressu re of a com pressi ble fl u id
such as air or gas. Compressors create a pressure differential to move or
co m press a vapor 0 r a gas. More than 0 ne com presso r as in a series may be
located on a com pressor pad site to adequately com press product.
Customer: means any Person located, in whole or in part, within the City.
Day: means a calendar day.
Derrick: means any portable framework, tower, mast and/or structure which is required
or used in connection with drilling or re-working a well for the production of gas.
Development Review Committee (DRC): is an internal staff review committee that
includes, but is not limited to, representatives of the Departments of Planning and
Development, Inspections, Public Works, Fire, Police, Parks and Recreation,
Neighborhood Services, Economic Development, and the Gas Inspector.
Drilling: means digging or boring a hole in the earth ne\AJ \AtSlI for the purpose of
exploring for, developing or producing gas or for the purpose of injecting gas, water or
any other fluid or substance into the earth.
Drilling Equipment: means the derrick, together with all parts of and appurtenances to
such structure, every piece of apparatus, machinery or equipment used or erected or
maintained for use in connection with drilling.
Drill Site: means the immediate area used during the drilling, re-drilling completion or
workover or rc \^lOrking of a well.
Emergency Response Plan: means a plan put in place to deal with emergency
situations that may occur at the Drill Site during all stages of the drilling and production
process.
Exploration: means geologic or geophysical activities, including seismic surveys, related
to the search for gas or other subsurface hydrocarbons.
Fire Department: means the Fire Department of the City of North Richland Hills, Texas.
Flaring: means to dispose of surplus combustible vapors by igniting them in the
atmosphere. This process may include the use of a series of secured piping to
faci I itate flow of gas and a com bustion cham ber to ig n ite th e gas.
Flow back Operations: means activities and processes used to expel water from a
well in order to facilitate the production of gas.
Frac Tank: means a man made water storage tank designed using earthen berms
to contain water. These can be from existing ponds or other water storage tanks
Fracturing: means a method of stimulating production from a well by increasing
the permeability of the producing formation. Fracturing can be accomplished by
the injecting of a fluid carrying propping agents under extremely high hydraulic
pressure downward into a well to cause pressure that 'cracks' or opens up fractures
already present in the formation.
Gas: means any fluid, either combustible or noncombustible, which is produced in a
natural state from the earth and which maintains a gaseous or rarefied state at standard
temperature and pressure conditions and/or the gaseous components or vapors
occurring in or derived from petroleum or natural gas.
Gas Board of Appeals: means the Board that hears all appeals and deviation requests
to this Chapter.
Gas Inspector: means an individual designated by the City Manager or any other person
or entity so designated as an Inspector by the City Manager. The Gas Inspector will
report to the Office of the Fire Marshal.
Gas Pipeline Construction Plans shall mean the necessary gas pipeline
construction documents that shall be submitted at time of gas pipeline permit
ap pi ication.
Gas Well: means any well drilled, to be drilled, or used for the intended or actual
production of natural gas.
Generator Plant: means the electrical service generated on site servicing the
d ri II i ng rig an d all associated eq u i pm ent i ncl ud i n g personal I ivi ng quarters.
Grounding and bonding: The means to ground all power and equipment on the
d ri II i ng site to prevent electrical discharges an d I ig hti ng protection.
Isolation Valves: means mechanical valves located at pre-designated intervals on
gas pipelines to shut the flow of gas in a pipeline to minimize an accidental
release in to the environment in the event of an emergency or to facilitate the
controlled release of gas in connection with testing, maintenance, repair or
inspection of pipelines. Isolation valves may be manually operated, automatic or
remotely controlled by the pipeline operator.
Operation Site: means the area used for development and production and all
operational activities associated with gas after drilling activities are complete.
Operator: means, for each well, the person listed on the Railroad Commission's Form
W-1 or Form P-4 for a gas well that is, or will be actually in charge and in control of
drilling, maintaining, operating, pumping or controlling any well, including, without
limitation, a unit operator. If the operator, as herein defined, is not the lessee under a
gas lease of any premises affected by the provisions of the chapter, then such lessee
shall also be deemed to be an operator. In the event that there is no gas lease relating
to any premises affected by this chapter, the owner of the fee mineral estate in the
premises shall be deemed an operator.
Perforating: means piercing the casing wall and cement in a wellbore by use of
explosive charges to create holes through which formation fluids may enter or to
provide holes in the casing so that materials may be introduced into the annulus
between the casing and the wall of the wellbore.
Permit: means any written license granted by the City for the exploration, development,
and production of gas wells issued pursuant to rules and regulations of this Chapter.
Person: means both the singular and the plural and means a natural person, a
corporation, association, guardian, partnership, receiver, trustee, administrator,
executor, and fiduciary or representative of any kind.
Pipeline(s) means the pipeline(s) and other facilities approved by the DRC that
are installed by Pipeline Company in the Public Rights-of-Way in accordance with
a Right-of-way Use Agreement.
Pipeline Company: means the company authorized by an Agreement to install
and maintain gas pipelines within the City's Public Right-of-Way.
Planning and Development Department: means the Planning and Development
Department of the City of North Richland Hills, Texas.
Planning and Zoning Commission: means the Planning and Zoning Commission of the
City of North Richland Hills, Texas.
Production: means the period after the fracturing and flow back operations have
been completed and natural gas has been run thru a series of separators and
tank batteries to metering devices and in to the pipeline.
Property Lines: means surface property lines per this ordinance.
Public Building: means all buildings used or designed to and intended to be used for the
purpose of assembly of persons for such purposes as deliberation, entertainment,
amusement, or health care. Public buildings include, but shall not be limited to, theaters,
assembly halls, auditoriums, armories, mortuary chapels, dance halls, exhibition halls,
museums, gymnasiums, bowling lanes, libraries, skating rinks, courtrooms, restaurants,
and hospitals.
Public Park: means any land area dedicated to and/or maintained by the City for
traditional park-like recreational purposes, NRH20 and Iron Horse Golf Course but shall
not include privately-owned amusement parks.
Public Right-of-Way: means public streets, highways, alleys, sidewalks,
pathways, trails, and bridges.
Public Works Department: means the Public Works Department of the City of North
Richland Hills, Texas.
Re-Drill: means re-completion of an existing well by deepening or sidetrack operations
extending more than one hundred fifty feet (150') from the existing well bore.
Religious Institution: means any building in which persons regularly assemble for
religious worship and activities intended primarily for purposes connected with such
worship or for propagating a particular form of religious belief.
Residence: means a house, duplex, apartment, townhouse, condominium, mobile home
or other building designed for dwelling purposes, including those for which a building
permit has been issued on the date the application for a gas well permit is filed and
accepted by the Planning and Development Department.
Re-working: means re-completion or re-entry of an existing well within the existing bore
hole or by deepening or sidetrack operations which do not extend more than one
hundred fifty feet (150') from the existing well bore, or replacement of well liners or
casings.
Rig -down: The day d ri II i ng has been co m pleted and the rig is d issem bled an d all
equipment prepared for movement from the pad site.
Right-of-Way: means any area of land within the City that is acquired by, dedicated to,
or claimed by the City in fee simple, by easement, by prescriptive right or other interest
and that is expressly or impliedly accepted or used in fact or by operation of law as
public roadway, sidewalk, alley, utility, drainage, or public access easement or used for
the provision of governmental services or functions. The term includes the area on,
below, and above the surface of the public right-of-way. The term applies regardless of
whether the public right-of-way is paved or unpaved.
Right-of-Way Maintenance Agreement: means a written agreement provided by the
City obligating the Operator, at his own expense to repair damage, excluding ordinary
wear and tear, if any, including but not limited to, public streets, sidewalks, pathways,
trails, and bridges. Damages to Public Rights-of-Way caused by the Operator or its
employees, agents, contractors, subcontractors, or representatives in the performance
of any activity associated with the preparation, drilling, production or operation of
gas wells authorized by the City shall be repaired out of the Operators expense.
Right-of-Way Use Agreement: means the authorization issued to a Pipeline
Company to use the Public Right-of-Ways for (i) the construction, installation,
maintenance and repair of Pipeline Com pany's Pipeline; (ii) the use of such
Pi pel i ne for th e transportatio n of G as; and (i i i) any other directly related uses of
the Public Rights-of-Ways, pursuant to and in accordance with a Right-of-Way
Use Agreement.
Rig-up: The process of setting up ancillary equipment and the drilling rig in order
to begin the drilling process.
School: means any public and private, primary and secondary educational facilities
providing education up through and including the twelfth grade level and any licensed
day care centers, meaning a facility licensed by the State of Texas or by the City of
North Richland Hills that provides care, training, education, custody, treatment or
supervision for more than six (6) children under fourteen (14) years of age, and for less
than twenty-four (24) hours per day.
Street: means any street, highway, sidewalk, alley, avenue, recessed parking area or
other public right-of-way, including the entire right-of-way.
Thoroughfare Plan: means the Thorouahfare Plan approved by the City of North
Richland Hills, Texas.
Well: means any single hole or bore to any horizon, formation, or strata, for the purpose
of producing gas, liquid hydrocarbon, brine water or sulphur water, or for use as an
injection well for secondary recovery, disposal or production of gas, or other
hydrocarbons from the earth. For each separate new hole a gas well permit is required.
Wire line logging: means the use of radioactive isotopes which are used when
measuring formations within the immediate vicinity of the drilling hole. A permit
will be required thru the Gas Inspector.
Workover: means to perform one or more of a variety of remedial operations on a
producing well to try to increase production. Examples of workover operations
are deepening, plugging back, pulling and resetting liner, squeeze cement and
similar activities.
Article II - Drilling & Production
Section 104-3. City Oversig ht
The Gas Inspector shall have the authority to enter and inspect any premises covered
by the provisions of this chapter to determine compliance with the provisions of this
chapter and all applicable laws, rules, regulations, standards or directives of the City or
state. Failure of any person to permit access to the Gas Inspector shall constitute a
v iolation of th is chapter. Add itionally, the Gas I nspector and other City officials shall
have the authority to issue any orders or directives required to carry the intent and
purpose of this chapter and its provisions. The Gas Inspector shall have the authority to
request and receive any records, including any records sent to the Commission, logs,
reports and the like, relating to the status or condition of any permitted well necessary to
establish and determine compliance with the applicable permit. Failure of any person to
provide any such requested material shall be deemed a violation of this chapter. The
Gas Inspector shall insure the drilling site meets all site plan conditions as
approved in the drilling permit. The Gas Inspector shall have the authority to
approve minor changes to the site plan in order to facilitate conditions conducive
to operations as long as they do not conflict with Chapter 104 or any Gas Board
of Appeals approvals or stipulations. Any major change shall require an amended
permit submittal and approval.
Section 104-4. Operator's Agent
Every operator of any well shall designate an agent, who is a resident of the State of
Texas, upon whom all orders and notices provided in this chapter may be served in
person or by registered or certified mail. Every operator designating such agent shall
within ten (10) days notify the Planning and Development Department in writing of any
change in such agent or such mailing address unless operations within the City are
discontinued. Failure to do so shall be deemed a violation of this chapter.
Section 104-5. Seismic Survey Permit Requirements
A permit shall be required for seismic surveys. No seismic survey permit shall be
granted unless the applicant shows proof of lease of mineral property within 200 feet of
the right-of-way on which the survey is to be conducted. All seismic survey permit
applications shall be submitted to the Gas Inspector for approval. The seismic survey
shall not begin prior to the issuance of a seismic survey permit from the City. A permit
shall include, but is not limited to, the following information:
(a) Operator/applicant name, phone number, fax number, physical address, and, if
possible, email address; if the operator is a corporation, the state of the
incorporation, and if the operator is a partnership, the names and addresses of
the general partners shall be provided.
(b) Detailed mapping of location and extent of seismic survey.
(c) Date and time the seismic survey will be conducted.
(d) Detailed explanation of the seismic survey method to be used on site.
(e) Date and time the seismic survey will be completed.
(f) If the seismic survey is conducted in any right-of-way then the
operator must reimburse all costs to the City for any damages associated with
the seismic survey.
(g) The permit fee for a seismic survey on public property shall be 25 cents per
linear foot, plus the costs of barricade rental and personnel required to direct and
divert traffic if City forces and materials are used.
(h) An operator must submit a traffic safety and management plan as required by the
Public Works Department with all seismic surveys that are conducted within the
right-of-way.
(i) Under no circumstances may explosive charges, including, but not limited to, the
use of dynamite, be used in any way related to the preparation and/or operation
of conducting a seismic survey.
Section 104-6. Gas Well Permit Requirements
(a) A person wanting to engage in and/or operate in gas production activities shall
apply for and obtain a gas well permit under this chapter and shall indicate what
type of well permit is requested. It shall be unlawful for any person acting either
for himself or acting as an agent, employee, independent contractor, or servant
for any person to drill any well, assist in any way in the site preparation, re-
working, fracturing or operation of any such well or to conduct any activity related
to the production of gas without first obtaining a gas well permit issued by the
City in accordance with this chapter. Such activities include, but are not limited
to, re-working, initial site preparation, drilling, operation, construction of rigs or
tank batteries, fracturing and pressurizing.
(b) The operator must apply for and obtain a gas well permit for the drilling of each
well. The operator shall neither apply nor obtain a "blanket" permit for more than
one (1) well if mu Itiple wells are located on the same tract of land. Each new well
established at the ground surface will be considered a new gas well permit.
(c) An existing gas well permit shall not constitute authority for the re-entering and
drilling of an abandoned well. An operator shall obtain a new well permit in
accordance with the provisions of this chapter if the operator is re-entering and
drilling an abandoned well.
(d) When a gas well permit has been issued to the operator for the drilling, re-
entering, activating or converting of a well, such gas well permit shall constitute
sufficient authority for drilling, operation, production gathering or production
maintenance, repair, re-working, testing, plugging and abandonment of the well
and/or any other activity associated with mineral exploration at the site of such
well. An amended gas well permit shall be obtained before such well may be
modified for purposes of re-drilling, deepening or converting such well to a depth
or use other than that set forth in the then current permit for such well.
(e) Any person who intends to re-work a permitted well using a drilling rig, to fracture
stimulate (fracturing) a permitted well after initial completion shall give written
notice to the G as I nspector no less than ten (1 0) days before the activities beg in.
The notice must identify where the activities will be conducted and must describe
the activities in detail, including, but not limited to, whether explosive charges will
be used, the duration of the activities and the time the activities will be
conducted. The notice must also provide the address and twenty-four (24) hour
telephone number of the person conducting the activities. The person conducting
the activities shall post a sign on the property giving the public notice forty eight
(48) hours in advance of the fracturing activities. The sign shall comply with the
requirements of Section 104-13, "On Site and Technical Regulations," (y) Signs
(1 ).
(f) Wire line logging Permit Approval: ten days prior to this event a permit
application shall be completed at the Office of the Gas Inspector. Once
application and perm it is approved the operator shall notify the Gas
Inspector no later than 72 hours prior to com mencement of the event. A
plan should be submitted for transportation route of the explosives which
shall be the Primary A route as specified in the Drilling Perm it. An on-site
inspection will take place once items have been delivered and prior to use.
Proper signage shall be posted for this procedure.
(g) Perforati ng Perm it Approval: ten days prior to th e event a perm it
application shall be com pleted at the Office of the Gas Inspector. Once
application and permit is approved the operator shall notify the Office of
the Gas Inspector. A plan should be submitted for transportation route of
the explosives which shall be the Primary A route as specified in the
Drilling Permit. An on-site inspection will take place once items have been
delivered and prior to use. Proper signage shall be posted for this
procedure.
(h) No gas well permit shall be issued for any improvements on gas well sites
or separate compressor sites along a pipeline that include compressors
without approval from the Gas Board of Appeals.
(i) Well setbacks for gas well permits.
(1) It shall be unlawful to drill, re-drill, deepen, re-enter, activate or convert
any well, the center of which, at the surface of the ground, is located:
a. Within six hundred feet (600') from any playgrounds, competition
athletic fields, swimming pools, water slides and playgrounds,
concession stands, pavilions or picnic areas within a public park
unless prior consent is obtained from the City Council to drill
in a public park;
b. Within six hundred feet (600') from any residence, religious
institution, public building, retail or commercial building, hospital
building or school for which a building permit has been issued on
the date of the application for a gas well permit is filed with the
Planning and Development Department;
c. Within fifty feet (50') of any public street, road, highway, or right-of-
way line;
d. Within one hundred feet (100') of any existing potable
water well.
e. Within one hundred fifty feet (150') of any property line.
f. Within one hundred fifty feet (150') from a railroad right of way.
g. The measurement of all distances shall be calculated from the
proposed well bore, in a straight line, without regard to intervening
structures or objects, to the closest exterior point of the object listed
in items a through f, above. The above calculations shall be
prepared by a Registered Professional Land Surveyor.
(2) Wall or other screening around the final production gas well site containing
tank batteries and separators 3nd compressors shall be located at least
one hundred fifty feet (150') from any public playground, competition
athletic field, picnic area within a public park, unless prior consent is
obtained from the City Council to drill in a public park; or from any
residence, religious institution, public building, hospital building or school,
or any other building used, or designed and intended to be used, for
human occupancy, for which a building permit has been issued on the
date of the application for a gas well permit is filed. The distance shall be
calculated from the closest point of the wall or other screening around the
final production gas well site t3nk b3tteries or sep3r3tors or compressors,
in a straight line, without regard to intervening structures or objects, to the
closest part of the playground, competition athletic field, picnic area,
residence, religious institution, public building, hospital building or schools,
or any other building used or designed and intended to be used for human
occupancy.
(3) The distances set out in subsection 104-6 (f)(1) and (2) above may be
reduced at the discretion of the Gas Board of Appeals pursuant to Section
1 04-18, "Appeals," of th is chapter, but never less than th ree hu nd red feet
(300') except as provided by (4) below. All distance reductions shall be
documented as exceptions to the requested permit prior to issuance.
(4) Notwithstanding the provIsions of this section, wells may be drilled no
closer than one hundred fifty feet (150') from existing residences that are
occupied by persons who in writing consent to the request to drill the well
if approved by a majority vote of the Gas Board of Appeals pursuant to
Section 104-18. Said written consent is required from all residences
occupied by persons within three hundred feet (300') of a proposed well
bore prior to an application for a well permit being processed by city staff.
Wells may be re-drilled, deepened, re-entered, activated or converted if no
closer than one hundred fifty feet (150') from any residence constructed
after the well was originally drilled without such consent.
(5) Notwithstanding the provisions of this section, new residences, religious
institutions, p u bl ic bu i Id i n gs, retai I or co m m ercial bu i Id i ngs, hosp ital
buildings or school buildings with classrooms may be built no closer
than one hundred and fifty feet (150') from the outside fence or
boundary of an existing production gas well site.
U) A gas well permit shall automatically terminate, unless extended, if drilling is not
commenced within ninety (90) days from the date of the issuance of the permit.
A well permit may be extended by the Gas Inspector for an additional ninety (90)
days upon written request by the operator and proof that the regulatory standards
of the requested permit for such location have not changed.
(k) Permits required by this chapter are in addition to and are not in lieu of any
permit which may be required by any other provision of the City Code or by any
other governmental agency.
(I) ~Jo getS \^ICII pcrmit shetll bc issucd for etny \^ICII to bc drillcd \^/ithin thc flood\^IO.Y
idcntificd by thc Fcdcretl Emcrgcncy Metnetgcmcnt Agcncy (FEMA) on thc most
current Feder31 Insur3nce R3te M3p (FIRM). Gas Wells proposed in the
floodplain outside of the flood\N3Y shall comply with the requirements for
development in the City Code, Chapter 102: "Floods and Stormwater
Management" and the requirements in the Public Works Design Manual.
Gas Well development that will result in any changes to either the FEMA
Flood Insurance Rate Maps (FIRM) or the corresponding hydraulic model
will require the operator to obtain a FEMA Letter of Map Revision (LOMR).
(m) No gas well permit shall be issued for any well to be drilled that is not in
compliance with any standard, provision, procedure, and/or recommendation as
described in the City's Public Works Desian Manual.
(n) By acceptance of any permit issued pursuant to this chapter, the operator
expressly stipulates and agrees to be bound by and comply with the provisions of
this chapter. The terms of this chapter shall be deemed to be incorporated in any
permit issued pursuant to this chapter with the same force and effect as if this
chapter was set forth verbatim in such permit.
(0) Prior to the issuance of any permit, the Operator shall obtain and furnish to
the City a recordable easement from the owner of affected property as
grantor to the City as grantee wh ich pro h i bits residen ces, rei ig iou s
institutions, pu blic bu ildings, retail or com mercial bu ildings within one
hundred fifty feet (150') of the outside wall or other screening around the
final production gas well site.
Section 104-7. Gas Well Permit Application and Filing Fees
(a) Every application for a gas well permit issued pursuant to this chapter shall be in
writing signed by the operator, or some person duly authorized to sign on his
behalf, and filed with the Planning and Development Department.
(b) Every application shall be accompanied by a permit fee of five thous3nd doll3rs
($5,000.00). ten thou san d dollars ($1 0,000.00) The appl ication shall include the
following information:
(1) The date of the application and type of permit requested.
(2) An accurate legal description of the lease property to be used for the
operation site, the parcel and the production unit and name of the geologic
formation as used by the Commission. Property recorded by plat shall
reference subdivision, block and lot numbers.
(3) Map showing proposed transportation route and road(s) for equipment,
chemicals or waste products used or produced by the gas operation.
(4) Proposed well name and well depth.
(5) Surface owner names(s), telephone number(s), fax number(s), physical
address(es), and, if possible, e-mail addresses, of the lease property.
(6) Mineral lessee name, telephone number, fax number, physical address,
and, if possible, e-mail address.
(7) Operator/applicant name, telephone number, fax number, physical
address, and if possible, e-mail address and if the operator is a
corporation, the state of incorporation, and if the operator is a partnership,
the names and addresses of the general partners.
(8) Name, telephone number, fax number physical address of individual
designated to receive notice, and, if possible, e-mail address.
(9) Names and address of representatives or operator's agent with
supervisory authority over all gas operation site activities and a twenty-
four (24) hour telephone number.
(10) Location and description of all improvements and structures within eight
hundred feet (800') of the well. Such locations and descriptions shall be
prepared by a Registered Professional Land Surveyor.
(11) A site plan of the proposed operation site showing the location of all
improvements and equipment, including the location of the proposed
well(s) and other facilities including, but not limited to, tanks, pipelines,
separators and storage tanks or storage sheds. All site plans must
include the following criteria:
a. Property boundaries with dimensions and setback lines.
b. Location of proposed buildings and structures indicating sizes In
square feet.
c. The location and intensity of exterior lighting fixtures.
d. The location of mechanical equipment.
e. Outside storage areas.
f. Curb cut locations.
g. Parking, loading, and maneuvering areas.
h. The location, materials and dimensions of screening improvements as
required by Section 104-14, Screening (a) (1).
I. A separate plan sheet showing the location, materials and dimensions
of all screening improvements as required by Section 104-14,
"Screening," (a) (2).
j. Sanitary Waste disposal locations with screening and any sanitary
waste disposal operations onsite.
k. Adjacent Property lines, streets, easements immediately adjacent to
the operation site.
I. Names of owners of property immediately adjacent to the operation
site.
m. Names of subdivisions immediately adjacent to the operation.
n. Site plans shall be submitted on a sheet size of 24" x 36" minimum.
o. City boundaries where applicable.
p. Date the drawing was prepared with name, address, and phone
number of preparer.
q. Location, width, purpose of all existing easements.
r. North arrow, at a maximum scale of 1 :50 immediately adjacent to the
operation site.
s. All existing street names immediately adjacent to the operation site.
t. Dimensions of all existing rights-of-way as specified on the City's
Thorouqhfare Plan.
u. Title Block identifying gas well site location.
v . Vi ci n ity locatio n ma p at 1 "= 2000'.
w. Zoning classifications of all properties shown on the Site Plan.
x. Location of 1 OO-year flood limits where applicable.
y. Texas NAD83 State Plane Coordinates for at least two corners
z. As a minimum, a preliminary drainage study as identified in the Public
Works Desiqn Manual.
(12) Copies of all reports required by the Commission, specifically including a
copy of the approved Railroad Commission Form W-1 and/or P-4.
(13) A signed right-of-way maintenance agreement. supplied by the City th3t
providcs th:tt thc opcr:ttor sh:tll rcp:tir, :tt his O\^/n cxpcnsc, :tny d:tm:tgc
c3used by 3ny 3ctivity 3ssoci3ted \AJith the prep3r3tion, drilling,
production, 3nd oper3tion of \AJ.Slls.
(14) A description of public utilities required during drilling and site operations.
(15) A description of the water source to be used during drilling.
(16) A copy of the Stormwater Pollution Prevention Plan (SVVPP) as required
by the Commission, the Texas Commission on Environmental Quality
(TCEQ), the United States Environmental Protection Agency (USEPA)
and/or the City. A copy of the Notice Of Intent (NOI) shall be submitted to
the Public Works Department at least three (3) days prior to the
commencement of any onsite activity.
(17) A copy of the determination by the TCEQ of the depth of useable quality
ground water.
(18) Evidence of insurance and security requirements under this chapter.
(19) A statement, under oath, signed by the operator or designated
representative, that the information submitted with the application is, to the
best knowledge and belief of the operator or designated representative,
true and correct.
(20) All required application and permit fees.
(21) A tree preservation plan that conforms to the City's ordinance.
(22) A copy of a Hazardous Materials Manaqement Plan and additionally, all
material safety data sheets (MSDSs) for all hazardous materials that will
be located, stored, transported and/or temporarily used on the drilling site
shall be provided to the Gas Inspector and the Fire Department. This
document shall be divided in to Drilling and Prod uction with table of
contents and individually tabbed chemicals.
(c) Building Permit Required.
(1) No building or structure regulated by the current code adopted by the City
shall be erected, constructed, enlarged, altered, repaired, moved,
improved, removed, converted, or demolished unless a separate permit
for each building or structure has first been obtained from the Planning
and Development Department. No subdivision plat will be required.
(2) It shall be the responsibility of any person, firm, or corporation, upon
submittal of an application for a building permit for work regulated by the
current code adopted by the City, to register as a general contractor with
the City. Work regulated includes, but is not limited to, construction of
gates, fencing, plumbing, irrigation, electricity, roadways, entrances,
compressors, flow lines, pipelines, gathering lines, tank batteries, and
buildings. Such registration shall be upon forms supplied by the Planning
and Development Department and shall become null and void on
December 31 st of each year. An appropriate fee for registration shall be
assessed in accordance with the City fee schedule.
(d) Annual Permit Required - Operator shall be responsible for applying for an
an n ual perm it with i n 30 days of the an n iversary of the orig i nal app roval of th e
drilling permit. The annual permit fee shall be $2,000 per Drill Site.
Section 104-8. Permitting Procedure
(a) All Gas Well Permits will be filed through the Planning and Development
Department. The Planning and Development Department will then convene a
meeting of the Development Review Committee (DRC).
(b) It is the responsibility of the DRC to review and approve or disapprove all
applications for gas well drilling permits based on the criteria established by this
chapter.
(c) The DRC, within forty-five (45) days after the filing of a completed application and
remittance of all fees, insurance, and security per the requirements of this
chapter for a gas well permit, shall determine whether the permit application shall
be approved or denied. Upon approval, the Gas Inspector shall sign the
perm it.
(d) The provisions of this chapter shall apply to any dwellings or buildings for which
an application for a building permit has been submitted on the date the
application for a gas well permit is filed with the Planning and Development
Department.
(1) All new and/or proposed construction of any buildings, structures, streets,
roads, and/or applicable improvements to the property upon which any
gas well is located must be in compliance with all applicable setback
requirements enumerated in this chapter.
(2) If all the requirements of this chapter are met, the DRC shall issue an
approval letter for the drilling of the well or the installation of the facilities
for which the permit application was made.
(3) If the DRC denies a permit application for cause as set out in this chapter
for the requested gas well permit, the DRC shall notify the operator in
writing of such denial stating the reasons for the denial. Within forty-five
(45) days of the date of the written decision of the DRC to deny the permit,
the operator may cure those conditions that caused the denial and
resubmit the application to the Planning and Development Department for
approval and issuance of the permit. Additionally, the operator may file an
appeal to the Gas Board of Appeals under the provisions outlined in this
chapter pursuant to Section 104-18 of this chapter.
(4) The failure of the DRC to review and issue a permit within the time limits
specified above shall not cause the application to be deemed approved.
The failure of the DRC to act within the time limit shall be deemed a
disapproval. The operator may file an appeal to the Gas Board of Appeals
under the provisions outlined in this chapter pursuant to Section 104-18 of
this chapter.
(e) If an application for a permit is denied by the City, nothing herein contained shall
prevent a new permit application from being submitted to the Planning and
Development Department for the same well.
(f) Forfeiture of Applications Fees: The applicant shall forfeit all fees paid and
be responsible for making a new application and paying new fees after 180
days from the initial permit approval if no rig-up has begun, or if the
operator fai Is to correct any noncom pi iance as a resu It of a suspensio nor
revocation of a gas well permit.
Section 104-9. Amended Gas Well Permits
(a) An amended permit may be issued for, but not limited to, the following changes
in drill and/or operational site activities:
(1) Re-d rilli ng;
(2) Deepening beyond one hundred fifty feet (150') of the permitted depth;
(3) Site access;
(4) Locations and/or quantities of equipment as determined by the Gas
Inspector;
(5) Locations and/or number of drilling fluid or other types of pits; and
(6) Locations and/or number of buildings and structures.
(b) Applications for amended permits shall be in writing, shall be signed by the
operator, and shall include the following:
(1) An application fee of five hundred dollars ($500.00);
(2) A description of the proposed amendments;
(3) Any changes to the information submitted with the application for existing
permit (if such information has not previously been provided to the City);
(4) Such additional information as is reasonably required by the Gas
Inspector to demonstrate compliance with the applicable permit;
(5) Such additional information as is reasonably required by the Gas
I nspector to prevent imminent destruction of property or injury to persons;
and
(6) An amended Site Plan will be required.
(c) All applications for amended permits shall be filed with the Planning and
Development Department for review by the DRC. Incomplete applications may
be returned to the applicant, in which case the City shall provide a written
explanation of the deficiencies; however, the City shall retain the application fee.
The City may return any application as incomplete if there is a dispute pending
before the Commission regarding the determination of the operator.
(d) If the activities proposed by the amendment are not materially different from the
activities covered by the existing permit then the DRC shall approve or
disapprove the amendment within fifteen (15) days after the application is filed.
(e) If the activities proposed by the amendment are materially different from the
activities covered by the existing permit, and do not create a risk of destruction
of property or injury to persons, then the DRC shall approve or disapprove the
amendment within forty-five (45) days after the application is filed. If, however,
the activities proposed by the amendment are materially different and, in the
judgment of the Gas Inspector or the DRC, might create a risk of destruction of
property or injury to persons that were not associated with the activities covered
by the existing permit or that were not otherwise taken into consideration by the
existing permit, the DRC may require the amendment to be processed as a new
permit application.
(f) The failure of the DRC to review and issue an amended permit within the time
limits specified above shall not cause the application for the amended permit to
be deemed approved. Further, the decision of the DRC to deny an amendment
to a permit shall be provided to the operator in writing within the time period
indicated in (d) and (e) above, including an explanation of the basis for the
decision. The operator may appeal any such denial to the Gas Board of Appeals,
if such an appeal is filed within ten (10) days after such denial, as provided by
Section 104-18 of this Chapter.
Section 104-10. Suspensio n or Revocation of Gas Well Perm its
(a) If an operator (or its officers, employees, agents, contractors, or representatives)
fails to comply with any requirement of a permit (including any requirement
incorporated by reference as part of the permit), the City shall give written notice
to the operator specifying the nature of the failure and giving the operator a
reasonable time to cure, taking into consideration the nature and extent of the
failure, the extent of the efforts required to cure, and the potential impact on the
health, safety, and welfare of the community. In no event, however, shall the cure
period be less than ten (10) days unless the failure presents a risk of imminent
danger of property or injury to persons or unless the failure involves the
operator's failure to provide periodic reports as required by this chapter.
(b) If the operator fails to correct the noncompliance, the City may suspend or
revoke the permit pursuant to the provisions of this chapter.
(c) No person shall carryon any operations performed under the terms of the permit
issued under this chapter during any period of any permit suspension or
revocation or pending a review of the decision or order of the City in suspending
or revoking the permit. Nothing contained herein shall be construed to prevent
the necessary, diligent and bona fide efforts to cure and remedy the default or
violation for which the suspension or revocation of the permit was ordered for the
safety of persons or as required by the Commission.
(d) If the operator does not cure the noncompliance within the time specified in this
chapter, the City, upon written notice to the operator, may notify the Commission
and request that the Commission take any appropriate action.
(e) An operator may, within ten (10) days of the date of the decision of the City in
writing to suspend or revoke a permit, file an appeal to the Gas Board of Appeals
under the provisions outlined in this chapter pursuant to Section 104-18 of this
chapter.
Section 104-11 . Periodic Reports
(a) T he operator shall notify the G as I nspector of any changes to the followi ng
information within ten (10) days after the change occurs:
(1) The name, physical address, telephone number, and fax number, of the
operator;
(2) The name, address, and telephone number of the person designated to
receive notices from the city (which person must be a resident of Texas
that can be served in person or by registered or certified mail); and
(3) The operator's emergency action response plan (including "drive-to-maps"
from public rights-of-way to each drill site).
(b) The operator shall notify in writing the Gas Inspector and the Planning and
Development of any change to the name, address, and twenty-four (24) hour
phone number of the person(s) with supervisory authority over drilling or
operations activities within one (1) business day.
(c) The operator shall provide a copy of any "incident reports" or written complaints
submitted to the Commission and a copy to the City within thirty (30) days after
the operator has notice of the existence of such reports or complaints.
(d) Beginning on December 31 st after each well is completed, and continuing on
each December 31st thereafter until the operator notifies the Gas Inspector and
the Planning and Development Department that the well has been abandoned
and the site restored, the operator shall submit a written report to the Gas
Inspector identifying any changes to the information that was included in the
application for the applicable permit that have not been previously reported to the
City.
Section 104-12. Bo nd, Letters of Cred it, I ndem n ity, I nsu rance.
(a) General requirements. The operator shall be required to:
(1) Comply with the terms and conditions of this chapter and the permit
issued hereunder.
(2) Promptly clear drill and operation sites of all litter, trash, waste and other
substances used, allowed, or occurring in the operations, and after
abandonment or completion grade, level and restore such property to the
same surface conditions as nearly as possible as existed before
operations as determined by the Gas Inspector.
(3) Indemnification and express negligence provisions. Operators shall sign
each permit and the City shall retain a signed original. Each such permit
issued by the City shall include the following language: Operator does
hereby expressly release and discharge, all claims, demands, actions,
judgments, and executions which it ever had, or now has or may have, or
assigns may have, or claim to have, against the City of North Richland
Hills, and/or its departments, agents, officers, servants, successors,
assigns, sponsors, volunteers, or employees, created by, or arising out of
personal injuries, known or unknown, and injuries to property, real or
personal, or in any way incidental to or in connection with the performance
of the work performed by the operator under a permit. The operator shall
fully defend, protect, indemnify, and hold harmless the City of North
Richland Hills, Texas, its departments, agents, officers, servants,
employees, successors, assigns, sponsors, or volunteers from and
against each and every claim, demand, or cause of action and any and all
liability, damages, obligations, judgments, losses, fines, penalties, costs,
fees, and expenses incurred in defense of the City of North Richland Hills,
Texas, its departments, agents, officers, servants, or employees,
including, without limitation, personal injuries and death in connection
therewith which may be made or asserted by operator, its agents, assigns,
or any third parties on account of, arising out of, or in any way incidental to
or in connection with the performance of the work performed by the
operator under a permit. The operator agrees to indemnify and hold
harmless the City of North Richland Hills, Texas, its departments, its
officers, agents, servants, employees, successors, assigns, sponsors, or
volunteers from any liabilities or damages suffered as a result of claims,
demands, costs, or judgments against the City, its departments, its
officers, agents, servants, or employees, created by, or arising out of the
acts or omissions of the City of North Richland Hills occurring on the drill
site or operation site in the course and scope of inspecting and permitting
the wells including, but not limited to, claims and damages arising in whole
or in part from the negligence of the City of North Richland Hills occurring
on the drill site or operation site in the course and scope of inspecting and
permitting gas wells.
IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED
FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE
OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF NORTH
RICHLAND HILLS, TEXAS AND/OR ITS DEPARTMENTS, AGENTS,
OFFICERS, SERVANTS, OR EMPLOYEES FROM THE
CONSEQUENCES OF THE NEGLIGENCE OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS AND/OR ITS DEPARTMENTS, AGENTS,
OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT
NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE
RESULTANT INJURY, DEATH, AND/OR DAMAGE.
(4) Promptly pay all fines, penalties and other assessments imposed due to
breach of any terms of the permit.
(5) Promptly restore to its former condition any public property damaged by
the gas operation.
(b) Bond, irrevocable letter of credit. Prior to the issuance of a gas well permit the
operator shall provide the Public Works Department with a security instrument in
the form of a bond or an irrevocable letter of credit as follows:
(1) Bond. A bond shall be executed by a reliable bonding or insurance
institution authorized to do business in Texas, acceptable to the City. The
bond shall become effective on or before the date the gas well permit is
issued and shall remain in force and effect for at least a period of six (6)
months after the expiration of the permit term or until the well is plugged
and abandoned and the site is restored, whichever occurs last. The
operator shall be listed as principal and the instrument shall run to the
City, as obligee, and shall be conditioned that the operator will comply with
the terms and regulations of this chapter and the City. The original bond
shall be submitted to the Planning & Development Department with a
copy of the same provided to the City Secretary. City, as obligee, and
shall be conditioned that the operator will comply with the terms and
regulations of this chapter and the City.
(2) Letter of Credit. A letter of credit shall be issued by a reliable bank
authorized to do business in Texas and shall become effective on or
before the date the permit is issued. The letter of credit shall remain in
force and effect for at least a period of six (6) months after the expiration
of the permit term or until the well is plugged and abandoned and the site
is restored, whichever occurs last. The City shall be authorized to draw
upon such letter of credit to recover any fines or penalties or costs to
remedy assessed under this chapter. Evidence of the execution of a letter
of credit shall be submitted to the City by submitting an original signed
letter of credit from the banking institution, with a copy of the same
provided to the City Secretary.
(3) The principal amount of any security instrument shall be fifty thousand
dollars ($50,000.00) for any single well. If, after completion of a well, the
applicant/operator, who initially posted a fifty thousand dollars
($50,000.00) bond, has complied with all of the provisions of this chapter
and whose well in the producing stage and all drilling operations have
ceased, may submit a request to the Gas I nspector to reduce the existing
bond to ten thousand dollars ($10,000.00) for the remainder of the time
the well produces without reworking. During reworking operations, the
amount of the bond or letter of credit shall be maintained at fifty thousand
dollars ($50,000.00). If at any time after no less than a fifteen (15) day
written notice to the operator and a public hearing, the City Council shall
deem any operator's bond or letter of credit to be insufficient, it may
require the operator to increase the amount of the bond or letter of credit
up to a maximum of two hundred fifty thousand dollars ($250,000.00) per
well.
(4) Whenever the Gas Inspector finds that a default has occurred in the
performance of any requirement or condition imposed by this chapter, a
written notice shall be given to the operator. Such notice shall specify the
work to be done, the estimated cost and the period of time deemed by the
Gas Inspector to be reasonably necessary for the completion of such
work. After receipt of such notice, the operator shall, within the time
therein specified, either cause or require the work to be performed, or
failing to do so, shall pay over to the City one hundred twenty-five percent
(1250/0) of the estimated cost of doing the work as set forth in the notice.
In no event, however, shall the cure period be less than thirty (30) days
unless the failure presents a risk of imminent destruction of property or
injury to persons or unless the failure involves the operator's failure to
provide periodic reports as required by this chapter. The City shall be
authorized to draw against any irrevocable letter of credit or bond to
recover such amount due from the Operator. Upon receipt of such
monies, the City shall proceed by such mode as deemed convenient to
cause the required work to be performed and completed, but no liability
shall be incurred other than for the expenditure of said sum in hand. In the
event that the well has not been properly abandoned under the regulations
of the Commission, such additional money may be demanded from the
operator as is necessary to properly plug and abandon the well and
restore the drill site in conformity with the regulations of this chapter.
(5) I n the event the operator does not cause the work to be performed and
fails or refuses to pay over to the City the estimated cost of the work to be
done as set forth in the notice, or the issuer of the security instrument
refuses to honor any draft by the City against the applicable irrevocable
letter of credit or bond the City may proceed to obtain compliance and
abate the default by way of civil action against the operator, or by criminal
action against the operator, or by both such methods.
(6) When the well or wells covered by said irrevocable letters of credit or bond
have been properly abandoned in conformity with all regulations of this
chapter, and in conformity with all regulations of the Commission and
notice to that effect has been received by the City, or upon receipt of a
satisfactory substitute, the irrevocable letter of credit or bond issued in
compliance with these regulations shall be terminated and cancelled.
(c) I nsurance. I n add ition to the bond or letter of cred it req u ired pu rsuant to this
chapter, the operator shall carry a policy or policies of insurance issued by an
insurance company or companies authorized to do business in Texas. In the
event such insurance policy or policies are cancelled, the permit shall be
suspended on such date of cancellation and the operator's right to operate under
such permit shall immediately cease until the operator files additional insurance
as provided herein.
(1) General requirements applicable to all policies.
a. The City, its officials, employees, agents and officers shall be
endorsed as an "additional insured" to all policies except
employer's liability coverage under the operator's workers
compensation policy.
b. All policies shall be written on an occurrence basis except for
environmental pollution liability (seepage and pollution coverage)
and excess or umbrella liability, which may be on a claims-made
basis.
c. All policies shall be written by an insurer with an A-: VIII or better
rating by the most current version of the A.M. Best Key Rating
Guide or with such other financially sound insurance carriers
acceptable to the City.
d. Deductibles shall be listed on the certificate of insurance and shall
be on a "per occurrence" basis unless otherwise stipulated herein.
e. Certificates of insurance shall be delivered to the City Secretary,
City of North Richland Hills, 7301 Northeast Loop 820, North
Rich land Hills, Texas 76180, evidencing all the req u ired coverage's,
including endorsements, prior to the issuance of a permit.
f. All policies shall be endorsed with a waiver of subrogation providing
rights of recovery in favor of the City.
g. Any failure on part of the City to request required Insurance
documentation shall not constitute a waiver of the Insurance
requirement specified herein.
h. Each policy shall be endorsed to provide the City a minimum thirty
(30) day notice of cancellation, non-renewal, and/or material
change in policy terms or coverage. A ten (10) days notice shall be
acceptable in the event of non-payment of premium.
I. During the term of the permit, the operator shall report, in a timely
manner, to the Public Works Department any known loss
occurrence which could give rise to a liability claim or lawsuit or
which could result in a property loss.
J. Upon request, certified copies of all Insurance policies shall be
furnished to the City.
(2) Standard commercial general liability policy. This coverage must include
premises, operations, blowout or explosion, products, completed
operation, sudden and accidental pollution, blanket contractual liability,
underground resources damage, broad form property damage,
independent contractors protective liability and personal injury. This
coverage shall be a minimum combined single limit of one million dollars
($1 ,000,000.00) per occurrence location for bodily injury and property
damage.
(3) Excess or umbrella liability. Five million dollars ($5,000,000.00) excess, if
the operator has a stand-alone environmental pollution liability (EPL)
policy. Ten million dollars ($10,000,000.00) excess, if the operator does
not have a stand-alone EPL policy. Coverage must include an
endorsement for sudden or accidental pollution. If seepage and pollution
coverage is written on a "claims made" basis, the operator must maintain
continuous coverage and purchase extended coverage period insurance
when necessary.
(4) Environmental pollution liability coverage. Operator shall purchase and
maintain in force for the duration of the permit, insurance for
environmental pollution liability applicable to bodily injury, property
damage, including loss of use of damaged property or of property that has
not been physically injured or destroyed; cleanup costs; and defense,
including costs and expenses incurred in the investigation, defense or
settlement of claims; all in connection with any loss arising from the
insured site. Coverage shall be maintained in an amount of at least one
million dollars ($1 ,000,000.00) per loss, with an annual aggregate of at
least ten million dollars ($10,000,000.00.)
a. Coverage shall apply to sudden and accidental pollution conditions
resulting from the escape or release of smoke, vapors, fumes,
acids, alkalis, toxic chemicals, liquids or gases, waste material or
other irritants, contaminants or pollutants.
b. The operator shall maintain continuous coverage and shall
purchase extended coverage period insurance when necessary.
The extended coverage period insurance must provide that any
retroactive date applicable to coverage under the policy precedes
the effective date of the issuance of the permit by the City.
(5) Control of well. The policy should cover the cost of controlling a well that
is out of control, re-drilling or restoration expenses, seepage and pollution
damage as first party recovery for the operator and related expenses,
including, but not limited to, loss of equipment, experts and evacuation of
residents. Five million dollars ($5,000,000.00) per occurrence/no
aggregate, if available, otherwise an aggregate of ten (10) million dollars
($1 0,000,000.00). Five h und red thousand dollars ($500,000.00) su b-li mit
endorsement may be added for damage to property for which the operator
has care, custody and control.
(6) Workers compensation and employers liability insurance. Workers
compensation benefits shall be Texas statutory limits. Employers' liability
shall be a minimum of five hundred thousand dollars ($500,000.00) per
accident. Such coverage shall include a waiver of subrogation in favor of
the City and provide coverage in accordance with applicable state and
federal laws.
(7) Automobile liability insurance. Combined single limit of one million dollars
($1 ,000,000.00) per occurrence for bodily injury and property damage.
Coverage must include all owned, hired and not-owned automobiles.
(8) Certificates of insurance. The company must be admitted or approved to
do business in the State of Texas, unless the coverage is written by a
Surplus Lines insurer. The insurance set forth by the insurance company
must be underwritten on forms that have been approved by the Texas
State Board of Insurance or ISO (Insurance Services Office), or an
equivalent policy form acceptable to the City, with the exception of
environmental pollution liability and control of well coverage. Sets forth all
endorsements and insurance coverage according to requirements and
instructions contained herein. Shall specifically set forth the notice of
cancellation, termination, or change in coverage provisions to the City. All
policies shall be endorsed to read "THIS POLICY WILL NOT BE
CANCELLED OR NON-RENEWED WITHOUT THIRTY (30) DAYS
ADVANCED WRITTEN NOTICE TO THE OWNER AND THE CITY
EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR
NONPAYMENT OF PREMIUM, IN WHICH CASE TEN (10) DAYS
ADVANCE WRITTEN NOTICE IS REQUIRED." Original endorsements
affecting coverage required by this section shall be furnished with the
certificates of insurance.
(9) Notice. The individual designated to receive notice shall be a resident of
Texas upon whom all orders and notices provided in this chapter may be
served in person or by registered or certified mail. Every operator shall
within ten (10) days notify the Gas Inspector in writing of any change in
such agent or mailing address unless operations in the City are
discontinued and abandonment is complete.
(1 0) As an alternative to any 0 r all of the req u ired i nsu rance pol icies, th e
Operator may provide a letter of credit or other security satisfactory
to the City's attorney in such amount, for such term and conditioned
as he may require.
Section 104-13. On Site and Technical Regulations.
(a) Abandoned wells. All wells shall be abandoned in accordance with the rules of
the Railroad Commission; however, all well casings shall be cut and removed to
a depth of at least ten feet (10') below the surface unless the surface owner
submits a written agreement otherwise. No structures shall be built over an
abandoned well.
(b) Blowout prevention. In all cases, blowout prevention equipment shall be used on
all wells being drilled, worked-over or in which tubing is being changed.
Protection shall be provided to prevent blowout during gas operations as required
by and in conformance with the requirements of the Commission and the
recommendations of the American Petroleum Institute (API). The operator must
equip all drilling wells with adequate blowout preventers, flow lines and valves
commensurate with the working pressures involved as required by the
Commission. The operator must conduct daily testing of the operation and
pressure providing a copy to the City weekly.
(c) Chemical and materials storage. All chemicals and/or hazardous materials shall
be stored in such a manner as to prevent, contain, and facilitate rapid
remediation and cleanup of any accidental spill, leak, or discharge of a
hazardous material. Operator shall have all material safety data sheets (MSDSs)
for all hazardous materials on site. All applicable federal and state regulatory
requirements for the proper labeling of containers shall be followed. Appropriate
pollution prevention actions shall be required and include, but are not limited to,
chemical and materials raised from the ground (e.g., wooden pallets), bulk
storage, installation and maintenance of secondary containment systems, and
protection from stormwater and weather elements.
(d) Closed Loop System. : A closed loop mud circulating system shall be the
only approved and permitted system used in the drilling process. This
system is self contained and has the ability to reuse certain products and
is contained within the confines of the drilling pad site.
( e) F ractu re Sti m u lation: The followi ng req u irements shall apply to all fractu re
stimulation (fracturing) operations performed on a well:
(1) At least forty-eight (48) hours before operations are commenced, the
operator shall post a sign, which complies with (y) Signs (1) of this
Section, at the entrance of the well site advising the public of the date the
operations will commence and an anticipated completion date;
(2) "Flowback" operations to recover fluids used during fracture stimulation
shall be performed during daylight hours only unless the Gas Inspector
approves in writing such operations during non-daylight hours;
(3) A watchperson shall be required at all times during such operations; and
C1) ,å,t no time sh311 the \AtSlI be 3l1o\AtSd to flo\AJ or vent directly to the
Cttmosp here.
(f) Compliance. Operator shall comply at all times with all applicable federal, state
and City requirements.
(g) Discharge. No person shall place, deposit, discharge, or cause or permit to be
placed, deposited or discharged, any oil, naphtha, petroleum, asphalt, tar,
hydrocarbon substances or any refuse including wastewater or brine from any
gas operation or the contents of any container used in connection with any gas
operation in, into, or upon any public right-of-way, alleys, streets, lots, storm
drain, ditch or sewer, sanitary drain or any body of water or any private or public
property in the City.
(h) Drilling fluids. Low toxicity glycols, synthetic hydrocarbons, polymers, and esters
shall be substituted for conventional oil-based drilling fluids.
(i) Drill stem testing. All open hole formation or drill stem testing shall be done
during daylight hours. Drill stem tests may be conducted only if the well effluent
during the test is produced through an adequate gas separator to storage tanks
and the effluent remaining in the drill pipe at the time the tool is closed is flushed
to the surface by circulating drilling fluid down the annulus and up the drill pipe.
U) Drip pans and other containment devices. Drip pans and other containment
devices shall be placed or installed underneath all tanks, containers, pumps,
lubricating oil systems, engines, fuel and chemical storage tanks, system valves,
connections, and any other areas or structures that could potential leak,
discharge, or spill hazardous liquids, semi-liquids, or solid waste materials.
(k) Dust, vibration, odors. All drilling and production operations shall be conducted
in such a manner as to minimize, so far as practicable, dust, vibration, or noxious
odors, and shall be in accordance with the best accepted practices incident to
drilling for the production of gas and other hydrocarbon substances. All
equipment used shall be so constructed and operated so that, vibrations, dust,
odor or other harmful or annoying substances or effect will be minimized by the
operations carried on at any drilling or production site or from anything incident
thereto, to the injury or annoyance of persons living in the vicinity; nor shall the
site or structures thereon be permitted to become dilapidated, unsightly or
unsafe. Proven technological improvements as identified by the Gas Inspector in
industry standards of drilling and production in this area may be adopted as they
become available if capable of reducing factors of dust, vibration and odor.
(I) Electric lines. All electric lines to production facilities shall be located in a
manner compatible to those already installed in the surrounding area or
su bdiv ision.
(m) Electric motors. Only electric prime movers or motors shall be permitted for the
purpose of pumping wells. No electric power shall be generated on location. All
electrical installations and equipment shall conform to the City's ordinances and
the appropriate national codes.
(n) Emergency response plan. Prior to the commencement of any gas or other
hydrocarbons production activities, operator shall submit to the Gas Inspector an
emergency response plan establishing written procedures to minimize any
hazard resulting from drilling, completion or producing of gas wells. Said plan
shall use existing guidelines established by the Commission, TCEQ, Texas
Department of Transportation and/or the USEPA. The emergency response plan
shall be kept current with any additions, modifications, and/or amendments
concerning all construction-related activities, natural gas operations and, and/or
natural gas production. Updated plans shall be submitted to the Gas Inspector
within two (2) business days. A copy of the emergency response plan shall be
kept on site.
(0) Explosive charges. Under no circumstances shall explosives of any type be
used during any phase of drilling, re-drilling, deepening, re-entering, activating,
converting, fracturing, or completing a gas well without the prior consent of the
Gas Inspector. The operator shall provide notice to the Gas Inspector at least
ten (10) days prior to such activities. The notice shall identify the date that the
explosive charges will be used, the date and means of transporting the explosive
charges, and the transportation route to and from the drill and/or operation site
that will be used for the delivery of the explosive charges. A permit shall be
issued from the Gas Inspector for all use of explosives.
(p) Fire prevention; sources of ignition. Firefighting apparatus and supplies as
approved by the Fire Department and required by any applicable federal, state,
or local law shall be provided by the operator, at the operator's cost, and shall be
maintained on the drilling site at all times during drilling and production
operations. The operator shall be responsible for the maintenance and upkeep
of such equipment. Each well shall be equipped with an automated valve that
closes the well in the event of an abnormal change in operating pressure. All
well heads shall contain an emergency shut off valve to the well distribution line.
(q) Gas emission or burning restricted. No person shall allow, cause or permit gases
to be vented into the atmosphere or to be burned by open flame except as
provided by law or as permitted by the Commission. If the venting of gases into
the atmosphere or the burning of gases by open flame is authorized as provided
by law or as permitted by the Commission, then such vent or open flame shall
not be located closer than five hundred feet (500') three hundred feet (300')
from any building not used in operations on the drilling site and such vent or open
flame shall be screened in such a way as to minimize detrimental effects to
adjacent property owners.
(r) Grass, weeds, trash. All drill and operation sites shall be kept clear of high
grass, weeds, and combustible trash.
(s) Lights. No person shall permit any lights located on any drill or operation site to
be directed in such a manner so that they shine directly on public roads, adjacent
property or property in the general vici nity of the operation site. To the extent
practicable, and taking into account safety considerations, site lighting shall be
directed downward and shielded so as to both prevent direct illumination of and
minimize glare on public roads and adjacent dwellings and buildings within six
hundred feet (600').
(t) Muffling exhaust. Exhaust from any internal combustion engine, stationary or
mounted on wheels, used in connection with the drilling of any well or for use on
any production equipment shall not be discharged into the open air unless it is
equipped with an exhaust muffler, or mufflers or an exhaust muffler box
constructed of noncombustible materials sufficient to suppress noise and prevent
the escape of noxious gases, fumes or ignited carbon or soot. All formation
fractu ri ng operations shall be cond ucted between 7: 00 a. m. and 7: 00 p. m .
Mon day th ro ug h Satu rday. during d:tyl ig ht hou rs unless the oper:ttor h:ts
notified the G3S Inspector th3t fr3cturing \Jvill occur before or 3fter d3ylight hours
to meet s3fety requirements.
(u) Organic solvents. Organic solvents, such as trichloroethylene and carbon
tetrachloride, shall not be used for cleaning any element, structure, or component
of the drilling rig, platform, and/or associated equipment, tools, or pipes. To the
maximum extent practicable, high flash point Varsol shall be used.
(v) Pipe dope. Lead-free, biodegradable pipe dope shall be substituted for API
specified pipe dope.
M ,Pits. ,âJI reser\/e pits, completionl~AJorkover pits, drilling fluid dispos31 pits, fresh
m3keup \N3ter pits, g3S pl3nt eV3por3tion/retention pits, mud circul3tion pits, or
\^lO.ter condens:tte pits sh:tll be lined \^¡ith pl:tstic or stored :tbove ground in t:tnks.
The \N3ter surf3ce elev3tion of the pit m3Y not exceed tvvelve inches (12") 3bove
the ex isting 9 rou nd el~/3tion prior to 3ny on site construction of the pit. One (1)
foot of freebo:trd is required beÌ\^lCen the surf:tce elev:ttion :tnd on top of berm.
Such pits :tnd contents sh:tll be removed from the premises :tnd the drilling site
\AJith in forty (~O) d3Ys 3fter completion of the \AtSlI, un less othervvise 3uthorized by
the G3S Inspector. ~Jo \N3shout pits sh311 be loc3ted \AJithin the City, unless 311
fluid, sludge, solid \^lO.ste m:tteri:tls, drilling fluids, \^lO.ste oil, spent completion
fluids, 311 other liquids, semi liquids, mud, including h3Z3rdous \N3ste insep3r3ble
by simple mech3nic31 remov31 processes, 3nd is m3de up prim3rily of n3tur31
m3teri31 is immedi3tely c3ptured \AJithin 3 fully enclosed, 3bove ground
cont:tinment t:tnk. No open pit shall be used except for freshwater storage.
One foot of freeboard shall be required between the surface elevation and
the top of th e berm.
(w) Private roads and drill sites. Prior to the commencement of any drilling
operations, all private roads used for access to the drill site and the operation site
itself shall be at least twenty feet (20') wide, have an overhead clearance of
fourteen feet (14'). All private roads on drill sites during the drilling and
fracturing stages of a drill site shall be an all-weather hard surface and
maintained to prevent dust, mud and rutting. A permanent private access
roadway constructed of concrete in accordance with the Public Works
Design Manual and approved by the Public Works Department shall be
constructed within ninety (90) days after the production phase begins on
a II a cti ve d ri II i n g pe rm its fo r each D ri II Site. I n petrtic u let r cetses these
requirements governing surfetcing of privette roetds mety be etltered ett the
discretion of the Public \^/orks Dep3rtment 3fter consider3tion of 311
circumst3nces including, but not limited to, the follo\Jving: dist3nces from public
streets etnd high\^IO.Ys; distetnces from etdjoining etnd neetrby property o\^/ners
\A/hose surf3ce rights 3re not le3sed by the oper3tion; the purpose for \A/hich the
property of such O\Jvners is or m3Y be used; topogr3phic31 fe3tures; n3ture of the
soil; 3nd exposure to \A/ind.
(x) Salt water wells. No salt water disposal wells shall be located within the City.
(y) Signs.
(1) A sign shall be immediately and prominently displayed at the gate on the
temporary and permanent site fencing erected pursuant to this chapter.
Such sign shall be durable material, maintained in good condition and,
unless otherwise required by the Commission, shall have a surface area
of not less than sixteen (16) square feet with contrasting lettering not less
than four inches (4) tall and shall be lettered with the following:
a. Well name and number;
b. Name of operator;
c. The emergency 911 number; and
d. 24 Hour Telephone numbers of two (2) persons responsible for the
well who may be contacted in case of emergency.
(2) Permanent weatherproof signs reading liD ANGER NO SMOKING
ALLOWED" in both English and Spanish shall be posted immediately
upon completion of the well site fencing at the entrance of each well site
and tank battery or in any other location approved or designated by the
F ire Department of the City. Sign lettering shall be fou r inches (4") in
height and shall be red on a white background or white on a red
background. Each sign shall include the emergency notification numbers
of the Fire Department and the operator, well and lease designations
required by the Commission.
(z) Storage of equipment. On-site storage is prohibited on the operation site. No
equipment shall be stored on the drilling or production operation site, unless it is
necessary to the everyday operation of the well. Lumber, pipes, tubing and
casing shall not be left on the operation site except when drilling or well servicing
operations are being conducted on the site. No vehicle or item of machinery
shall be parked or stored on any street, right-of-way or in any driveway, alley or
upon any operation site which constitutes a fire hazard or an obstruction to or
interference with fighting or controlling fires except that equipment which is
necessary for drilling or production operations on the site. The Fire Department
shall be the entity that determines whether equipment on the site shall constitute
a fire hazard. No refinery, processing, treating, dehydrating or absorption plant
of any kind shall be constructed, established or maintained on the premises.
This shall not be deemed to exclude a conventional gas separator or dehydrator.
(aa) Storage tanks. All tanks and permanent structures shall conform to the API
specifications unless other or additional specifications are approved by the Fire
Department. All storage tanks shall be equipped with a secondary containment
system including lining with an impervious material. The secondary containment
system shall be a minimum of three feet (3') in height and one and one-half (1
1/2) times the contents of the largest tank in accordance with the Fire Code, and
buried at least one foot (1') below the surface. Drip pots shall be provided at the
pump out connection to contain the liquids from the storage tank. All tanks shall
be set back pursuant to the standards of the Commission and the National Fire
Protection Association. Each storage tank shall be equipped with a level control
device that will automatically activate a valve to close the well in the event of
excess liquid accumulation in the tank. ~Jo mctcrs, stor:tgc t:tnks, scp:tr:ttion
f:tcilitics, or othcr :tbovcground f:tcilitics, othcr th:tn thc \^ICII hc:td :tnd flo\^/ lincs,
sh311 be pl3ced in 3 flood\N3Y identified by FEM,å, on the most current FIRM.
Meters, storage tanks, separation facilities, or other above ground facilities
proposed in the floodplain shall bc outsidc of thc flood\^IO.Y :tnd sh:tll comply with
the requirements for development in the City Code, Chapter 102: "Floods and
Stormwater Management" and the requirements in the Public Works Design
Manual.
(bb) Tank battery facilities. Tank battery facilities shall be equipped with a remote
f03m line 3nd a lightning arrestor system.
(cc) Sutface casing. Surface casing shall be run and set in full compliance with the
applicable rules and regulations of the Commission.
(dd) Valves. Each well must have a shutoff valve to terminate the well's production.
The Fire Department shall have access to the well site to enable it to close the
shut-off the valve in an emergency.
(ee) Waste disposal. Unless otherwise directed by the Commission, all tanks used for
storage shall conform to the following: Operator must use portable closed steel
storage tanks for storing liquid hydrocarbons. Tanks must meet the API
standards. All tanks must have a vent line, flame arrester and pressure relief
valve. All tanks must be enclosed by a fence applicable to the issued permit
classification. Drilling mud, cuttings, liquid hydrocarbons and all other field waste
derived or resulting form or connected with the drilling, re-working or deepening
of any well shall be discharged into an above-ground self-contained tank, or,
after authorization by the Gas Board of Appeals, a lined pit. All disposals must
be in accordance with the rules of the Commission and any other appropriate
local, state or federal agency. Unless otherwise directed by the Commission and
approved by the Gas Inspector waste materials shall be removed from the site
and transported to an off-site disposal facility not less often than every thirty (30)
days. Water stored in on-site tanks shall be removed as necessary. All waste
shall be disposed of in such a manner as to comply with the air and water
pollution control regulations of the state, this chapter and any other applicable
ordinance of the City.
(ff) Watchperson. The operator must keep a watchman or security personnel on site
during the drilling or re-working of a well when other workmen are not on the
premises.
(gg) Installation of pipelines on, under or across public property. The operator shall
apply to the City for a right-of-way use agreement on, over, under, along or
across the City streets, sidewalks, alleys and other City property for the purpose
of constructing, laying, maintaining, operating, repairing, replacing and removing
pipelines. Operator shall:
(1) Not interfere with or damage existing water, sewer or gas lines or the
facilities of public utilities located on, under or across the course of such
rights-of \NaY.
(2) Furnish to the Public Works Department a site plan showing the location
of such pipelines.
(3) Construct, operate and maintain such lines out of pipe and related
faci I ities in accordance with appl icable Federal law and reg u lation s of
the U.S. Department of Transportation Pipeline and Hazardous
Materials Safety Ad ministration ("PHMSA Regu lations") or, to the
extent that Federal law and PHMSA Regulations do not apply, in
accordance with the City Codes and regulations.
(4) After com pletion of in itial pipeline construction, grade, level and
restore such property to the initial construction of the pipeline. With
respect to any subsequent operation involving the pipeline, the
operator shall grade, level and restore such property to the same
su rface con d ition, as nearly as practicable, as existed i m m ed iately
prior to such subsequent operation. S3me surf3ce condition, 3S ne3rly
3S pr3ctic3ble, 3S existed prior to the 13ying of the pipeline.
(hh) Public streets. No permit shall be issued for any well to be drilled within any of
the streets or alleys of the City and/or projected streets or alleys shown by the
current Comprehensive Plan of the City, and no street or alley shall be blocked or
encumbered or closed due to any exploration, drilling or production operations
unless prior consent is obtained from the Public Works Department. Any consent
from the Public Works Department shall be temporary in nature and state the
number of hours and/or days that any street or alley may be blocked,
encumbered or closed. The site must not conflict with the City's Thorouqhfare
Plan.
(ii) Vehicle routes for gas well permits. Vehicles associated with drilling and/or
production in excess of three (3) tons shall be restricted to state arterials, and
where local access is required, to those arterials, collectors or commercial routes
designated on the City's thoroughfare plan.
(jj) Work hours for gas well permits operations. No activity Site development,
other than drilling, fr:tcturing, shall be conducted between 7:00 a. m. and 7:00
p.m. Monday through Saturday. Truck deliveries of equipment and materials
associated with drilling and/or production, well servicing, site preparation and
other related work conducted on the well site shall be limited to between the
above same work hour restrictions except in cases of fires, blowouts, explosions,
and any other emergencies or where the delivery of equipment is necessary to
prevent the cessation of drilling or production. It is understood, however that
preparation activities prior to fracturing operations including assem bly,
perforating, disassembly and cleanup are allowed other than designated
hours with approval from the Gas Inspector. The Operator may also request
an exception from the Gas Board of Appeals, pursuant to Section 104-18 of this
chapter.
(kk) Noise restrictions for gas well permits.
(1) During drilling, re-drilling or re-working, no on-site activity shall produce a
sound level greater than seventy-eight (78) dB(a) when measured at a
distance of three hundred feet (300') from the drilling equipment in
question.
(2) During fracturing, no on-site activity shall produce a sound level greater
than eighty-five (85) dB(a) when measured at a distance of three hundred
feet (300') from the drilling equipment in question.
(3) During production, no on-site activity shall produce a sound level greater
than sixty-five (65) dB(a) when measured at a distance of three hundred
feet (300') from any onsite equipment in question.
(4) Sound level measurements shall be made with a sound level meter
conforming as a minimum, to the requirements of the American National
Standards I nstitute (ANSI).
(5) If sound levels exceed the dB(a) levels referenced in this subsection, the
Gas Inspector may require additional sound reducing techniques and
devices including, but not limited to, sound reducing mufflers.
(II) Tank specifications for gas well permit. All tanks and permanent structures shall
conform to the API specifications unless other specifications are approved by the
Fire Department. The top of the tanks shall be no higher than twelve feet (12')
above the terrain surrounding the tanks.
Section 104-14. Screening
(a) Throughout the entire exploration, drilling, and production process there shall be
screening improvements (fences, walls, berms and landscaping) required during
each phase of the process.
(1) Exploration through completion (drilling phase) - Once the pad site has
been prepared a temporary chain link fence with wooden slats -aU
\AtS3ther screening f3bric at least six feet (6') in height shall be established
around the entire operation site to obscure view of the gas drilling
activities. The temporary fence shall remain standing and in a serviceable
condition throughout this phase. A secured entrance gate shall be
required. All gates are to be kept locked when the operator or his or her
employees are not within the enclosure. A "Knox Padlock" or "Knox Box
with a key" shall be provided to access the well site to be used only in
case of an emergency.
(2) Completion through abandonment (product/on phDse) - Within 90 days
of completion of initial drilling of any well on a drilling site a masonry
wall with landscaping shall be required to enclose and visually screen the
well and all associated equipment. Partial screening of the drilling site
shall not be allowed without approval from the Gas Board of
Appeals. An earthen berm may also be required. The masonry walls,
berms, and landscaping shall be in compliance with standard engineering
and design practices and shall meet the following minimum requirements:
a. The masonry wall material and design shall be generally compatible
with the design of similar facilities, buildings and structures on and/or
adjacent to the site; and
b. Masonry walls shall be at least eight feet (8') in height.
c. Masonry walls shall be placed upon earthen berms in order to prevent
viewing of the well and associated equipment from a public street,
playground, competition athletic field or picnic area within a public
park, existing residences and residentially zoned undeveloped
property contiguous to the well site where practicable as determined by
the DRC. However, the above mentioned berms shall not be required
unless needed to augment the height of an eight (8') foot masonry wall
in order to prevent the viewing of the well or any associated
equipment from the above items.
d. All landscape improvements shall be maintained in an attractive and
healthy state by the applicant and/or operator as to ensure the
effective visual screening of the site throughout its use for gas
production and associated activities.
e. Screening shrubs and trees shall be evergreen species and shall be
installed in conjunction with the required masonry walls and or berms
in order to supplement both the visual screening and noise mitigation
of the well site and associated equipment. Screening shrubs shall be a
minimum of five feet (5') in height at planting, having the potential to
grow to a mature height of at least eight feet (8'), be planted on four
foot (4') centers and must have an irrigation system that provides total
water coverage to all plant materials. Screening trees shall be planted
on twenty foot (20') centers. Trees must be a minimum of three inch
(3") caliper at time of planting and be irrigated as above. All screening
shrubs and trees will comply with the evergreen species listed within
the General Plant List as part of the City's Landscape Regulations.
Plans for landscape and irrigation shall be submitted to the Planning
and Development Department for approval.
(b) Gate specifications. All temporary fences and masonry walls shall be equipped
with at least one (1) gate. The gate shall meet the following specifications:
(1) Each gate shall be not less than twelve feet (12') wide and be composed
of two (2) gates, each of which is not less than six feet (6') wide, or one (1)
sliding gate not less than twelve feet (12') wide. If two (2) gates are used,
gates shall latch and lock in the center of the span;
(2) The gates shall be of chain link construction, with all-weather screening
fabric, that meets the applicable specifications, or of other approved
material that, for safety reasons, shall be at least as secure as a chain link
fence;
(3) The gates shall be provided with a combination catch and locking
attachment device for a padlock, and shall be kept locked except when
being used for access to the site; and
(4) Operator must provide the Fire Department with a "Knox Padlock" or
"Knox Box with a key" to access the well site to be used only in case of
an emergency.
(5) At each gate there needs to be a sign that reads "no trespassing"
Section 104-15. Cleanup and Maintenance
(a) Cleanup after well selVicing. After the well has been completed or plugged and
abandoned, the operator shall clean the drill site or operation site, complete
restoration activities and repair all damage to public property caused by such
operations within sixty (60) days.
(b) Clean-up after spills, leaks and malfunctions. After any spill, leak or malfunction,
the operator shall remove or cause to be removed to the satisfaction of the Fire
Department and the Gas Inspector all waste materials from any public or private
property affected by such spill, leak or malfunction. Clean-up operations must
begin immediately. If the owner fails to begin site clean-up within twenty-four
(24) hours, the City shall have the right to contact the Commission in order to
facilitate the removal of all waste materials from the property affected by such
spill, leak or malfunction.
(c) Painting. All production equipment shall be painted and maintained at all times,
including wellheads, pumping units, tanks, and buildings or structures. When
req u i ri ng pai nting of such facil ities, the Gas I nspector shall consider the
deterioration of the quality of the material of which such facility or structure is
constructed, the degree of rust, and its appearance. Paint shall be of a neutral
color, compatible with surrounding uses. Neutral colors shall include sand, gray
and unobtrusive shades of green, blue and brown, or other neutral colors
approved by the Planning and Development Department.
(d) Blowouts. In the event of the loss of control of any well, operator shall
immediately take all reasonable steps to regain control regardless of any other
provision of this chapter and shall notify the Gas Inspector and Fire Department
as soon as practicable. The Gas Inspector shall certify in writing, briefly
describing the same, to the City Manager. If the City Manager, in his opinion,
believes that danger to persons and property exists because of such loss of well
control and that the operator is not taking or is unable to take all
reasonable and necessary steps to regain control of such well, the City may then
employ any well control expert or experts or other contractors or suppliers of
special services, or may incur any other expenses for labor and material which
the City deems necessary to regain control of such well. The City shall then
have a valid lien against the interest in the well of all working interest owners to
secure payment of any expenditure made by the City pursuant to such action of
the Gas Inspector in gaining control of said well.
Section 104-16. Plugged and Abandoned Wells.
(a) Sutface requirements for plugged and abandoned well. Whenever abandonment
occurs pursuant to the requirements of the Commission, the operator so
abandoning shall be responsible for the restoration of the well site to its original
condition as nearly as practicable, in conformity with the regulations of this
chapter.
(b) Abandonment shall be approved by the Gas Inspector after restoration of the drill
and/or operation site has been accomplished in conformity with the following
requirements at the discretion of the Public Works Department:
(1) The derrick and all appurtenant equipment thereto shall be removed from
the site;
(2) All tanks, towers, and other surface installations shall be removed from the
site;
(3) All concrete foundations, piping, wood, guy anchors and other foreign
materials regardless of depth, except surface casing, shall be removed
from the site, unless otherwise directed by the Commission;
(4) If any soil was contaminated, it shall be removed from the site In
accordance with City, State and Federal regulations.
(5) All holes and depressions shall be filled with clean, compactable soil;
(6) All waste, refuse or waste material shall be removed from the site; and
(7) During abandonment, operator shall comply with all applicable sections in
this chapter.
(c) Abandoned well requirement. The operator shall furnish the following to the Gas
Inspector:
(1) A copy of the approval of the Commission confirming compliance with all
abandonment proceedings under the state law; and
(2) A notice of intention to abandon under the provisions of this section and
stating the date such work will be commenced. Abandonment may then
be commenced on or subsequent to the dates so stated.
(d) Abandonment requirements prior to new construction. All abandoned or
deserted wells or drill sites shall meet the most current abandonment
requirements of the Commission prior to the issuance of any building permit for
development of the property. No structure shall be built over an abandoned well.
(e) The Operator can only abandon a well if the Gas Inspector has reviewed and
approved the abandonment and all appropriate Commission requirements
have been met.
Section 104-17. Technical Advisor
The City may from time to time employ a technical advisor or advisors who are
experienced and educated in the gas industry or the law as it pertains to gas matters.
The function of such advisor(s) shall be to advise, counselor represent the City on such
matters relating to gas operations within the City as the City may want or require and
the effect thereof, both present and future, on the health, welfare, comfort and safety of
the citizens of the City. In the event such technical advisor(s) is (are) employed for the
purpose of advising, counseling or representing the City relative to an operator's unique
and particular set of circumstances, case or request relating to this chapter, then the
cost for such services of such technical advisor(s) shall be assessed against and paid
for by such operator in addition to any fees or charges assessed pursuant to this
chapter. Prior to the employment of a technical advisor, the City shall inform the
operator of the intended scope of work and the estimated costs and expenses. The
employment of a technical advisor shall be approved by the City Council.
Article III - Appeals
Section 104-18. Appeals
(a) In order to hear and decide appeals of orders, decisions, or determinations made
by the Gas I nspector and or the DRC relative to the application and interpretation
of this chapter, there shall be and is hereby created a Gas Board of Appeals
consisting of members who shall pass on matters pertaining to all gas well
applications and permits. The Board shall be subject to the Texas Open
Meetings Act and Public Information Act.
(b) The chairpersons of the Planning and Zoning Commission, the Zoning Board of
Adjustment, the Parks and Recreation Board, the Keep North Richland Hills
Beautiful Commission and the Substandard Building Board shall serve as the
Gas Board of Appeals.
(c) The Gas Board of Appeals is authorized to decide by majority vote requests for
deviations specifically authorized by this chapter, such as distance of drilling sites
from certain structures and improvements, and hours of operation. The Board is
likewise authorized to decide by majority vote requests for deviations from
landscape and screening requirements and can hear requests for allowing
com presso rs 0 n specific sites with in the City. Relevant considerations in
determining whether such requests should be granted include the nature and
remoteness of the site, the wishes of the owner(s) of the immediately adjacent
property impacted by the request, and any proposed measures to offset the
impact of the request. The Board may impose restrictions to offset the impact of
the requests. Requests shall be in writing stating the rationale for the deviation
and shall be accompanied by a filing fee of $500.00.
(d) The Gas Board of Appeals shall have and exercise the authority to hear and
determine appeals where it is alleged there is error or abuse of discretion
regarding the issuance of a gas well permit or the revocation or suspension of
any permit issued hereunder, and as provided by this chapter. Any person or
entity whose application is denied by the DRC or whose permit is suspended or
revoked may file an appeal to the Gas Board of Appeals. Such appeal shall be in
writing, specifying the error or abuse of discretion and shall be accompanied by a
filing fee of $500.00. The Gas Board of Appeals shall review the appeal and any
other related information. The Gas Board of Appeals in deciding appeals
regarding the issuance of a gas well permit or its revocation or suspension shall
consider the grounds for the action appealed from and whether an error of fact or
in interpretation of these regulations occurred. The Board may reverse or modify
the action appealed from only upon the concurring vote of 750/0 of the members
of the Board present and voting. The only basis for a reversal or modification
shall be error in applying these regulations; hardship shall be irrelevant.
(e) Notice shall be provided of the date, time and place of a hearing for each request
for a deviation and appeal by mailing such notice to the owner of record of each
parcel of property located within six hundred feet (600') of the well within the city
and to the City Secretary of each city within such distance. Such notice shall be
mailed at least ten (10) days prior to such hearing.
(f) Judicial Review of Board Decisions on Appeals
(1) Any of the following persons may present to a district court of Tarrant
County Texas a verified petition stating that the decision of the Gas Board
of Appeals is illegal in whole or in part and specifying the grounds of the
illegality:
a. the person whose appeal was denied;
b. a City taxpayer; or
c. the City Manager of the City of North Richland Hills, Texas.
(2) The petition must be received for filing by the clerk of the district court
within 10 days after the date the decision is made by the Board.
(3) On the presentation of the petition meeting the foregoing requirements,
the court may grant a writ of certiorari directed to the board to review the
board's decision. The writ must indicate the time by which the board's
return must be made and served on the petitioner's attorney, which must
be after 10 days and may be extended by the court. Granting of the writ
does not stay the proceedings on the decision under appeal, but on
application and after notice to the Board the court may grant a restraining
order if due cause is shown.
(4) The Board's return must concisely state any pertinent and material facts
that show the grounds of the decision under appeal. The Board is not
required to return the original documents on which the Board acted but
may return certified or sworn copies of the documents or parts of the
documents as required by the writ.
(5) If after receiving the return the court determines that there is substantial
evidence in such return to constitute grounds for reasonable persons to
differ as to whether the action of the Board in denying the appeal was
lawful, the court shall affirm the decision. If the court finds that there is
insufficient information contained in such return to make such a
determination, and that testimony is necessary for the proper disposition
of the matter, it may take evidence or appoint a referee to take evidence
as directed. The referee shall report the evidence to the court with the
referee's findings of fact and conclusions of law. The referee's report
constitutes a part of the proceedings on which the court shall make its
decision.
(6) The court may reverse or affirm, in whole or in part, or modify the decision
that is appealed. Costs shall not be assessed against the Board.
Sections 104-19 - 104-30 Reserved
Article IV - Gas Pipeline Installation
Section 104-31. Public Right-Of-Way Use Agreement Requirements
A Public Right-Of-Way Use Agreement shall be required prior to any gas pipeline
construction within the City. The Public Right-Of-Way Agreement shall include,
but is not limited to the following information:
(a) The Pipeline Companylapplicant name, phone number, fax number,
p hysical ad dress, an d, if possi ble, email add ress; if th e Pi pel i n e Com pany
is a corporation, the state of the incorporation, and if the Pipeline Company
is a partnership, the names and addresses of the general partners shall be
provided.
(b) Detailed mapping of location and extent of proposed use within public
right-of-way.
(c) A traffic safety and management plan as required by the Public Works
Department.
(d) Bonds in the amount of the cost of work or $50,000, whichever amount is
greater. Such bonds shall guarantee:
(1 ) the faithfu I perfo rm an ce and com p letion of all co nstruction,
maintenance, removal or repair work in accordance with the contract
between Company and the contractor;
(2) full payment for all wages for labor and services and of all bills for
materials, supplies and equipment used in the performance of that
contract;
(3) that Pipeline Company shall restore the right-of-ways affected by
such cut, opening, or other excavation in a satisfactory and
workmanlike manner; and
(4) maintain such restoration work in a state of repair satisfactory to the
City for a period of two years following the date the City approves
the restoration; and fully comply with the City's ordinances
governing excavation in the public rights-of-ways. If the Pipeline
Company meets its obligations under this Section, the City shall
return the bond to the Pipeline Company upon expiration of the two-
year period. The bonds shall name both the City and Pipeline
Company as dual obliges.
Section 104-32. Fees and Payments to City
The followi ng fees shall be due to the City prior to any pi pel i ne con struction:
(a) Application Fee - Pipeline Company shall pay the City an Application Fee
in the amount of $1,500.00. This fee shall be collected at the time Pipeline
Company applies for a permit to construct gas pipelines within the City and
submits Gas Pipeline Construction Plans.
(b) Right-of-Way Uses Fee - Pipeline Company shall pay a Right-of-Way Uses
Fee. This fee shall be collected on or prior to the Effective Date of the
Agreement, and annually thereafter, Pipeline Company shall pay the City as
com pensation for its use of the Public Rights-of-Ways for the Term of the
Ag reem ent the su m of $1.75 per I i near foot based on the Ii n ear foot of gas
pipeline proposed to be constructed within the City's public Right-Of-Way
("License Fee"). Th is License Fee shall be adj usted an n u ally based on the
Dallas-Fort Worth Consumer Price Index.
(c) Construction Plan Review Fee - Pipeline Company shall pay a
Construction Plan Review Fee. This fee in the amount equivalent to 2.230/0
of the actual construction costs of the gas pipeline proposed to be
constructed within the City's public Right-Of-Way shall be collected on or
prior to constructing any gas pipelines within the City for Gas Pipeline
Construction Plan review. This fee percentage shall be approved annually
by the City Council and indicated as the Construction Plan Review Fee
within the City's Fee Table.
(d) Inspection Fee - Pipeline Company shall pay an Inspection Fee. This fee in
the amount equivalent to 3.340/0 of the actual construction costs of the gas
pipeline proposed to be constructed within the City's public Right-Of-Way
shall be collected on or prior to constructing any gas pipelines within the
City for inspection of gas pi pel i ne co nstruction. This fee percentage shall
be approved annually by the City Council and indicated as the Inspection
Fee within the City's Fee Table.
(e) Other Payments and Interest - In addition to the License Fee, Pipeline
Company shall pay the City all sums which may be due the City for
property taxes, license fees, permit fees, or other taxes, charges or fees
that the City may from time to time impose on all other similarly situated
entities within the City.
Section 104-33. Regulatory Authority of the City
A Pipeline Company's property and operations hereunder shall be subject to
such regulation by the City as may be reasonably necessary for the protection or
benefit of the general public. In th is connection, Pipeline Com pany shall be
subject to, governed by and shall comply with all applicable federal, state and
local laws, including all ordinances, rules and regulations of the City, as same
may be adopted and amended from time to time.
Section 104-34. Use of Public Rights-Of-Ways
The City has the right to control and regulate the use of the Public Rights-of-
Ways, public places and other City-owned property and the spaces above and
beneath them. Pi pel i ne Com pany shall co m ply with all appl icable laws,
ord inances, rules and reg ulations, includ ing, but not lim ited to, City ord inances,
rules and policies related to construction perm its, construction bonds,
perm issi ble ho u rs of con stru ction, 0 perations d u ri ng peak traffic ho u rs,
barricading requirements and any other construction rules or regulations that
may be promulgated from time to time.
(a) Pi pel i nes sh all not be erected, installed, co nstructed, repai red, replaced 0 r
maintained in any manner that places an undue burden on the present or
future use of the Public Rights-of-Ways by the City and the public. If the
City reasonably determines that the Pipeline does place an undue burden
on any portion of the Public Rights-of-Ways, Pipeline Company, at Pipeline
Company's sole cost and expense and within a reasonable time period
specified by the City, shall modify the Pipeline or take other actions
reasonably d eterm i ned by the City to be in the pu bl ic interest to rem ove or
alleviate such undue burden.
(b) Prior to the u nd ertaki n g of any ki n d of co nstructio n, installation,
maintenance, removal, repairs or other work that requires the excavation,
lane closure or other physical use of the Public Rights-of-Ways, Pipeline
Company shall, except for work required to address an emergency, provide
at least 48 hours' advance written notice to the owners of property adjacent
to the Public Rights-of-Ways that will be affected. In the case of
emergencies Pipeline Company shall provide notice to the affected
land owners with i n 24 ho u rs after com m encem ent of work.
(c) During any such work, Pipeline Company shall provide construction and
maintenance signs and sufficient barricades at work sites to protect the
public. The use of such traffic control devices shall be consistent with the
standards and provisions of Part VI of the Texas Manual on Uniform Traffic
Co ntrol Devices. Pi pel i ne Com pany shall uti I ize ap propriate warn in g I ig hts
at all construction and maintenance sites where one or more traffic lanes
are closed or obstructed during nighttime conditions. Pipeline Company
shall plan and execute construction of the pipeline so that no flood
conditions are created or worsened on the surrounding land. To minimize
erosion, the excavated portion of the right-of-way adjacent to the improved
portion of the road shall be restored and re-vegetated in accordance with
Exhibit "C" which specifies the appropriate grass seed mix to be used.
(d) Pipeline Company shall bury or have buried its pipeline facilities at least
four feet (4') deep except underneath public roads. Underneath public
roads, Pipeline Com pany's pipeline facilities shall be at least seven feet (7')
below the lowest point in such road pavement. When pipeline facilities can
not be bored, during backfill of the pipeline excavation, "Buried Pipeline"
warning tape shall be buried one foot above the pipeline to warn future
excavators of the presence of the pipeline.
(e) Isolation Valves - The number and location of isolation valves on the
Pipeline shall be approved by the City and clearly indicated on the
Construction Plans.
(f) Marking of Pipeline - The Pipeline shall be marked, in a manner that is
reasonably acceptable to the Gas Inspector, to show conspicuously
Pipeline Company's name, a toll-free telephone number of Pipeline
Company that a Person may call for assistance and the appropriate Texas
One Call System telephone number.
(g) Pavement Cut Coordination and Additional Fees - The City shall have the
right to coordinate all excavation work in the Public Rights-of-Ways in a
manner that is consistent with and convenient for the implementation of
the City's prog ram for street co nstruction, rebu i Id i ng, resu rfaci ng and
repair. To preserve the integrity of the Pu blic Rights-of-Ways, Pipeline
Company shall not cut, excavate or otherwise breach or damage the
surface of any paved Public Right-of-Ways within 96 months following the
construction or resurfacing of such Public Right-of-Ways unless Pipeline
Company obtains written consent from the City Manager, which consent
shall not be unreasonably withheld, pays an additional fee reasonably
agreed to by and between the parties, and restores the Public Rights-of-
Ways in accordance with this Agreement.
(h) Restoration of Public Rights-of-Ways and Property - Pipeline Company, at
Pipeline Company·s sole cost and expense, and in a manner approved by
the City, shall promptly restore any portion of the Public Rights-of-Ways,
City-owned property or other privately-owned property that are in any way
disturbed or damaged by the construction, operation, maintenance or
rem oval of any of the Pi pel i n e to, at Pi pel i ne Com pany·s 0 ption, as good or
better a condition as such property was in immediately prior to the
disturbance or damage. Pipeline Company shall complete the restoration
of property from any disturbance or damage within 60 calendar days
following the date that Pipeline Company first became aware of the
disturbance or damage. Any private servicelutility lines that are in any way
disturbed or damaged by the Pipeline Company's construction, operation,
maintenance or removal of any of the Pipeline, shall be repaired at the
Pipeline Com pany's sole cost and expense within 24 hours.
(i) Relocation of Pipeline - Within one hundred eig hty (180) calendar days
following a written request by the City, Company, at Pipeline Company·s
sole cost and expense, shall protect, support, disconnect, alter or remove
from the Public Rights-of-Ways all or any portion of its Pipeline due to
street or other public excavation, construction, repair, grading, re-grading
or traffic conditions; the installation of sewers, drains, water pipes or
municipally-owned facilities of any kind; the vacation, construction or
relocation of streets or any other type of structure or improvement of a
public agency; any public work; or any other type of improvement
necessary, in the City's sole discretion, for the public health, safety or
welfare. If Pipeline Company reasonably requires more than one hundred
eig hty (180) days to com ply with the City's written req uest, it shall notify
the City Manager in writing and the City will work in good faith with Pipeline
Company to negotiate a workable time frame. Any relocation will require
that the Public Works Department, at Pipeline Com pany's expense,
approve Pipeline Company's plans. It is the desire of both parties to
determ ine such relocation within the existing Public Right-of-Way.
U) Emergencies
(1) Work by the City - a public emergency shall be any condition which,
in the reasonable opinion of the officials specified herein, poses an
immediate threat to life, health or property and is caused by any
natural or man-made disaster, including, but not limited to, storms,
floods, fires, accidents, explosion, water main breaks and hazardous
materials spills. In the event of a public emergency, the City shall
have the right to take whatever action is deemed reasonably
appropriate by the City Manager or Fire Chief, or their authorized
representatives, i ncl ud i n g, but not Ii m ited to, action th at may resu It
in damage to the Pipeline, and Company hereby (i) releases the City,
its officers, agents, servants, employees and subcontractors from
liability or responsibility for any Damages that may occur to the
Pipeline or that Pipeline Com pany may otherwise incur as a result of
such necessary response, and (ii) agrees that Pipeline Company, at
Pipeline Com pany's sole cost and expense, shall be responsible for
the repair, relocation or reconstruction of all or any of its Pipeline
that is affected by such action of the City. In responding to a public
emergency, the City agrees to comply with all local, state and federal
laws, including, without lim itation, any req uirements to notify the
Texas One Call System, to the extent that they apply at the time and
under the circumstances. In addition, if the City takes any action
that it believes will affect the Pipeline, the City will notify Pipeline
Company as soon as practicable so that Pipeline Company may
advise and work with the City with respect to such action.
(2) Work by or on Behalf of Pipeline Company - In the event of an
emergency that directly involves any portion of the Pipeline and
necessitates immediate emergency response work on or repairs,
Pipeline Company may initiate the emergency response work or
repairs or take any action required under the circumstances
provided that Pipeline Company notifies the City as promptly as
possi ble. After the em ergency has passed, Pi peli n e Com pany shall
apply for and obtain a construction permit from the DRC and
otherwise fully comply with the requirements of the applicable right-
of-way use agreement.
(b) Removal of Pipeline
(1 ) Pi pel i ne Com pany obi ig ated to Rem ove - U po n the revocation,
termination or expiration without extension or renewal of an
Agreement, Company·s right to use the Public Rights-of-Ways under
this Agreement shall cease and Pipeline Company shall immediately
discontinue the transportation of Gas in or through the City. Within
one hundred eighty (180) days following such revocation,
termination or expiration and if the City requests, Pipeline Company,
at Pipeline Company's sole cost and expense, shall remove the
Pipeline from the Public Rights-of-Ways (or cap and abandonment of
the Pipeline, if consented to by the City), in accordance with
applicable laws and regulations.
(2) City's Right to Remove - If Pipeline Company has not removed all of
the Pipeline from the Public Rights-of-Ways (or capped the Pipeline,
if consented to by the City) within six (6) months following
revocation, termination or expiration of an Agreement, the City may
deem any portion of the Pipeline remaining in the Public Rights-of-
Ways abandoned and, at the City·s sole option, (i) take possession of
and title to such property or (ii) take any and all legal action
necessary to com pel Pi pel i ne Com pany to rem ove such property;
provided, however, that Pipeline Company may not abandon its
facilities or discontinue its services within the City without the
approval of the Commission or successor agency or any other
reg u latory authority with such ju risd iction.
(3) Restoration of Property - Within six (6) months following revocation,
termination or expiration of an Agreement, Pipeline Company shall
also restore any property, p u bl ic or private, that is d istu rbed or
damaged by removal (or, if consented to by the City, capping) of the
Pipeline. If Pipeline Company has not restored all such property
within th is time, the City, at the City·s sole option, may perform or
have performed any necessary restoration work, in which case
Pi pel i ne Com pany shall i m m ed iately rei m bu rse the City for any and
all reasonable costs incurred in performing or having performed
such restoration work.
Section 104-35. As-Built Plans and Maps
Pipeline Company, at Company's sole cost and expense, shall provide the City
with as-built plans of all portions of the Pipeline located in the City and the City's
extraterritorial j u risd iction and maps showi ng such Pipel in e with in one h u nd red
eig hty (180) calend ar days fo lIowi n g th e co m pletion of su ch Pipel in e. Pi pel in e
Company shall supply the textual documentation of such as-built plans and maps
in a TIFF format and shall otherwise fully cooperate with the City in ensuring that
the Pipeline is accurately reflected in the City's mapping system. The TIFF format
provided to the City shall meet the following requirements:
(a) The file shall be saved directly to the TIFF format and not converted from
another format;
(b) The file shall be saved at a resolution of 400 pixelslinch (ppi); and
(c) The LZW compression format shall be used.
Section 104-36. Liab i lity an d I ndem n ification
(a) Liability of Pipeline Com pany - Pipeline Com pany shall be liable and
respon sib Ie for any and all d am ages, losses, I iabi I ities Uoi nt 0 r several),
paym ents, 0 bl igation s, penalties, clai m s, I itigatio n, d em ands, defenses,
judgments, lawsuits, proceedings, costs, disbursements or expenses
(i ncl ud i ng, with out Ii m itation, fees, d isbu rsem ents and reason ab Ie
expenses of attorneys, accountants and other professional advisors and of
expert witnesses and costs of investigation and preparation) of any kind or
nature whatsoever (collectively "Damages"), which may arise out of or be
in any way con n ected with (i) th e con struction, installation, operation,
maintenance or condition of the Pipeline or any related facilities or
appurtenances; (ii) the transportation of Gas through the Pipeline; (iii) any
claim or lien arising out of work, labor, materials or supplies provided or
supplied to Pipeline Com pany, its contractors or subcontractors with
respect to the Pipeline; or (iv) Company·s failure to comply with any
applicable federal, state or local law, ordinance, rule or regulation, except
to the extent directly caused by the gross negligence or intentional
misconduct of the City.
(b) In dem n ificatio n - I ndem n ification - PI PEL I N E CO M PANY , AT PIPELI N E
COMPANY·S SOLE COST AND EXPENSE, SHALL INDEMNIFY AND HOLD
HARMLESS THE CITY, ITS OFFICERS, BOARDS, COMMISSIONS, AGENTS,
EMPLOYEES AND VOLUNTEERS ("INDEMNITEES"), FROM AND AGAINST
ANY AND ALL DAMAGES WHICH MAY ARISE OUT OF OR BE IN ANY WAY
CONNECTED WITH (I) PIPELINE COMPANY'S CONSTRUCTION,
INSTALLATION, OPERATION, MAINTENANCE OR CONDITION OF THE
PIPELINE OR ANY RELATED FACILITIES OR APPURTENANCES; (II) THE
TRANSPORTATION OF GAS THROUGH THE PIPELINE; (III) ANY CLAIM OR
LIEN ARISING OUT OF WORK, LABOR, MATERIALS OR SUPPLIES
PROVIDED OR SUPPLIED TO PIPELINE COMPANY, ITS CONTRACTORS
OR SUBCONTRACTORS; OR (IV) PIPELINE COMPANY·S FAILURE TO
COMPLY WITH ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW,
ORDINANCE, RULE OR REGULATION, ACTS; OR (V) THE NEGLIGENT ACT
OR OMISSION(S) OF THE CITY, ITS OFFICERS AND EMPLOYEES.
(c) Assumption of Risk - Pipeline Company hereby undertakes and assumes,
for and on behalf of Pipeline Company, its officers, agents, contractors,
subcontractors, agents and employees, all risk of dangerous conditions, if
any, on or about any City-owned or City-controlled property, including, but
not lim ited to, the Public Rig hts-of-Ways.
(d) Defense of Indemnitees - If an action is brought against any Indemnitee by
reason of any matter fo r wh ich the I ndem n itees are i nd em n ified h ereu n der,
the City shall give Pipeline Company prompt written notice of the making of
any claim or commencement of any such action, lawsuit or other
proceeding, and Pipeline Company, at Pipeline Company·s sole cost and
expense, shall resist and defend the same with reasonable participation by
the City and with legal counsel selected by Pipeline Company and
specifically approved by the City, at City's own expense. In such an event,
Pipeline Company shall not admit liability in any matter on behalf of any
In dem n itee without the advance written consent of the City.
Section 104-37. Insurance
Pipeline Com pany shall procure and maintain at all times, in full force and effect, a
policy or policies of insurance to provide coverages as specified herein, naming the
City as an additional insured and covering all public risks related to the use,
occupancy, condition, maintenance, existence or location of the Public Rights-of-
Ways and the construction, installation, operation, maintenance or condition of the
Pipeline, including the transportation of Gas through the Pipeline, as follows:
(a) Primary Liability Insurance Coverage
(1 ) Com m ercial General Liabi lity:
$5,000,000 per occurrence, including coverage for the following: (i)
Prem ises Liabil ity; (ii) independent contractors; (ii i)
prod ucts/com pleted operations; (iv) personal i nj ury; (v) contractual
liability; (vi) explosion, collapse and underground property damage
(2) Property Damage Liability:
$1 ,000,000 per occurrence
(3) Automobile Liability:
$1 ,000,000 per accident, including, but not limited to, all owned,
leased, hired or non-owned motor vehicles used in conjunction
with the rights granted under this Agreement
(4) Worker's Compensation:
As required by law; and, Employer1s Liability as follows:
$1 ,000,000 per accident
(b) Requirements and Revisions to Required Coverage - The City may, not
more than once every five years during the term of this Agreement, revise
insurance coverage requirements and limits required by this Agreement.
Pipeline Company agrees that within ninety days of receipt of written
notice from the City, Pipeline Com pany will im plement all such revisions
reasonably requested by the City. The policy or policies of insurance shall
be endorsed to provide that no material changes in coverage, including,
but not Ii m ited to, can cellation, term i nation, no n-renewal 0 r am end m ent,
shall be made without thirty (30) days' prior written notice to the City. The
pol icies an d Certificate of I nsu rance provided to th e City shall contai n the
following language:
CANCELLATION CLAUSE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATE THEREFORE,
THE ISSUING INSURER WILL PROVIDE 30 DAYS WRITTEN
NOTICE TO THE NAMED CERTIFICATE HOLDER.
(c) Underwriters and Certificates - Pipeline Company shall procure and maintain
its insurance with underwriters authorized to do business in the State of
Texas and who are reasonably acceptable to the City in terms of solvency
and financial strength. Within thirty (30) days following adoption of this
Agreement by the City Council, Pipeline Company shall furnish the City with
certificates of insurance signed by the respective companies as proof that it
has obtained the types and amounts of insurance coverage required herein.
No construction shall commence until such certificates are received. In
addition, Pipeline Company shall, on demand, provide the City with evidence
that it has maintained such coverage in full force and effect.
(d) Deductibles - Deductible or self-insured retention limits on any line of
coverage required herein shall not exceed $50,000 in the annual aggregate
unless the limit per occurrence or per line of coverage, or aggregate is
otherwise approved by the City.
(e) No Limitation of Liability - The insurance requirements set forth in this
section and any recovery by the City of any sum by reason of any insurance
policy required under this Agreement shall in no way be construed or
affected to limit or in any way affect Pipeline Company·s liability to the City or
other persons as provided by this Agreement or law.
(f) As an alternative to any or all of the required insurance policies, the Pipeline
Company may provide a letter of credit or other security satisfactory to the
City's attorney, in such amount, for such term and conditioned as he may
req u ire.
104-38. Provision of Information
(a) Filings with the Commission - Pipeline Company shall, upon request,
provide copies to the City of all documents which Pipeline Com pany files
with or sends to the Commission concerning or related to its transportation
of Gas through or other operations in the City, including, but not limited to,
fi I in gs related to (i) ru les, reg u lation s an d pol icies req uested, under
con sid eratio n or approved by the Com mission; an d (i i) app I ications and
any supporting pre-filed testimony and exhibits filed by Pipeline Company
or third parties on behalf of Pipeline Company, on the same date as such
fi I in gs are made with the Com mission. I n add ition, Pi pel i ne Com pany shall
provide the City with copies of records, documents and other filings that
Pipeline Company is required to maintain or supply to the Commission
under any applicable state or federal law, rule or regulation.
(b) Lawsuits - Pipeline Company shall provide the City with copies of all
plead i ngs in all lawsu its to wh ich Com pany is a party and that pertain to
the granting of this Agreement andlor the transportation of Gas through the
City within thirty (30) days of Pipeline Company's receipt of same.
Sections 1 04-39 - 1 04-50 Reserved
Article V - Penalties, Severabilty and Effective Date
Section 104-51. Penalty
(a) It shall be unlawful and an offense for any person to do the following:
(1) Engage in any activity not permitted by the terms of a gas well permit
issued under this chapter.
(2) Fail to comply with any condition set forth In a gas well permit issued
under this chapter; or
(3) Violate any provision or requirement set forth under this chapter.
(b) Any violation of this chapter shall be punished by a fine of not more than five
hundred dollars ($500.00) per violation per day, subject to applicable state law.
Each day that a violation exists shall constitute a separate offense.
(c) Any violation of this chapter that governs fire safety, public health, and/or
sanitation, including dumping, refuse, or discharge, shall be punished by a fine
not exceeding two thousand dollars ($2,000) per violation per day, subject to
applicable state law. Each day that a violation exists shall constitute a separate
offense.
(d) The penalty provided herein shall be cumulative of other remedies provided by
state law, including but not limited to, the recovery of civil penalties under
Subchapter B, Chapter 54, of the Texas Local Government Code. The City may
institute any appropriate action or proceeding in a court of competent jurisdiction
to enjoin the violation of this chapter. The power of injunction may be exercised
in enforcing this chapter whether or not there has been a criminal complaint filed.
Section 104-52. Severability Clause
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality 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 of this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
Section 104-53. Repealer and Savings Clause
Any provision of any prior ordinance of the City whether codified or uncodified, which
are in conflict with any provision of the Ordinance, are hereby repealed to the extent of
the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in
full force and effect.
Section 104-54. Pu bl ication Clau se
The City Secretary is authorized and directed to cause publication of the descriptive
caption and penalty clause of this ordinance as an alternative method authorized
by law.
Section 104-55. Effective Date
This Ordinance shall become effective immediately upon its passage and publication as
required by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of North
Richland Hills, Texas, on this the 23rd day of July, 2007.
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
Exxon Mobil Corporation Letter
Page 1 of 2
METROPLEX BARNETI SHALE, lLC
A Subsidjary of E x.xon Mobil Corpor atioo
July 16. 2007
¡:: c !XJ.d3~ . .'-IOJ~I )~· >: :;2·3 ~~~~ . ~, ~ ~;1 G7~~ ~~~.'I;
City of North Richland Hills
Attn 80 Bass, Assistant City Manger
7301 N E Loop 820
North Rjchrand Hills. TX 76180
Dear Mr Bass:
R ep( ese n t ati ves 0 f Me I r 0 pie x Barn e tt S ha Ie. L l C (" Met r 0 pie x ,.) met re ce nt ry wi t h th e Pia n n in 9 &
De vela p men IDe pa rt m e nt to disc U 55 pro posed rev i S 10 n s to the City's cu r r en t Gas 0 r din a nee T h j s
exc han g e h as been c a nd id and co n s t r ucti ve, and Me I ro p I ex sin ce rei y a pp reciat est he 0 p po nun i Iy.
'I has ç 0 me to au f a It e n hon, however, t ha t a Dr 0 pOS e d ¡') r r1 vis jn n wi I re qui re 0 pet at 0 r S fo acq u ire ., non
de v e lop men t I: ea se m e nts fo r pro pe rt y wi t hi n 15 0 feet of the pe r im ete r of pe rm a n e n t prod u ct ion site s
Met ro p t e)( ha s. 5 e no use 0 nç e rn s reg a rd i ng th is prop r1 s'pn la n 9 1I age and i is e nfo reea b i I It Y fo r the follow i n 9
reasons.
It r sun n ec essa ry . A P rope rt y ow n ef P 'a n n; n 9 toe rect a s t rue I u [e wi ~h i nth e ex cl u S I on a ry Z 0 n emu s I
apply for a bui Iding rp.rm it The City Wcu Id sim ply deny Ihe application, thercfore, there 15 ab~o utely
no need for any language rn the proposed revised gas drilling ordinance.
Irs coercive - If [he City wants addjtlona~ assurance, it has the abHity to propose and pass an
o rd i n a nee to 1M ate ffec t. The re is no co n sc to nab I ere a son for th e C i Iy to fo ree i nd u s fry to do
something j~ is perfectly capable of doing on its own - and at a lower cost.
It s disc ri m i n,a tory - We are- no I aware of <iI n y ot he r bus i ness 0 reo rn me rc i a I en te r p rise 0 pe r a I i n 9
withm North R ichla nd Hills which is requ ired to secure a n interest in rea~ property as a cond ilion of
doing bu~ir ?~s within the City.
It 9 iv es un fa ire C 0 nom i c lev e rag e top ro pert y ow n e rs - Know I edgea ble !a n d ow n e r s wh 0 co n trol
e a 5 e men trig h ts wi 11 uti ize the or din a nee pro v is ion to de m a nd ease men t pa ym e n ts fa r j n ex ce 55 of
fair market value
It d Î SC 0 u rag as rat her t h a n en co u rag es d r i I f í ng . Given th e t nc rea sed co s I as SQC i a ted wi t h
acq u i r i n 9 ., n oíl-d eve lop m en t" e~ ~c mcr'! t5, i nd us try WI II h a '" e less i nc e n t i ve t Q d rill we! I:::Þ ,r I N ü r l ~l
Richland Hilts.
II's un like Iy any op e ra to reo u Ids uc c es s fu Ily d ri I t and d ev e lop city pro pe rty .
Ifs unlikely to withstand a legal challenge - ror all the reaSQn& ~l~leu duove, the provision's
en for c e a bi I ity is do u btf u I
For these (eas on s, M etr opl e x $ t rQng I y urges the City tor econ s.ld er it 5 pas i t ton 0 n th is pro po s ed pr ov i s io n .
Very truly you rs.
~b :;WR-
Rob Sh u Itz, CPL, SR/WA
Land [00 rdlJlðtor
ExxonMobil Prod uction Com pany
on behalf ùf M!..'(J:~) Jk·.'{ B¡In]t·u .~b;LII..' LLC
OFf j C E; (2 J 4) 951 ~ 2347 CELL: (7 J 3) 724·8077
FAX: (262) 313-4580
e-mail; ~,shult.z(ã)exxonmQb~!, (om
Mail to:
3000 Pegasus. Park Driver Rm. "}. 2 08
[)all a s, TX 752-17
~.
M r John Pits tjd. 0 i recfar or PI a n r'Hng i3 nd Delle lopme1l1
Exxon Mobil Corporation Letter
Page 2 of 2
Mr Klr'k M~r(.lrm. AS'5lst.ant F lie Chief I Ga~ If'lpsector
M~ l::!rry Cunntl'lgt'l.3rí1. City Manager
Mi George Staples. Cl1y AltOlney
City Response Letter
Page 1 of 2
NI~H
CIT)i OF NC)R TI -I RICH LAND 1 IIJ.J ,5
Of~lce of i/le (~11y r."i Hr~?g€·
July 171 2007
Mr. Rob Shultz
Land Coordinator
ExxonMobil Production Company
on behalf of Metroplex Barnett Shale LLC
3000 Pegasus Park Drive, Rm 2-208
Dallas, Texas 75247
Re: Your letter of July þ 16, 2007 - Gas Drillina & Productíon Ordìnance proposed
amendments
Dear Mr. Shultz:
I am in receipt of your letter dated July 16, and appreciate your company's interest ;n the
proposed amendments to the City's current Gas Well Drillinq & Pluduction Ordinance_
As you are aware, the City Council will be considering amendíng this ordinance at ,ts
July 23, 2007þ Regular Meeting.
~ have consulted wíth the City Attorney and have been assured that the amendments
being proposed to the ordìnance are well within the authority and purview of the City.
Provided be tow are responses to your specific bu1 let point crítìque of the proposed
amendment requiring an easement over off-sìte areas wìthìn 150 feet of the perimeter of
perma nent prod uction sites.
1_ Unnecessary~ The view that the burden of non-development should be placed on
adjacent property is more than a little one-sided. The City has no business telUng
adjacent property owners that they can not develop because the gas rig got there first.
Thjs is Jaissez faire development. The safety íssue, which is the basis of the regulationt
'Nas created by the gas drillìng and there is neither economic nor phiJosophical ratìonale
for shifting the cost of driUíng to adjacent property.
2. Coercive; AU regulation is coercive. The City ís ín the police power business and
there is no reason why it shourd not require developnìent to assume the cost of
regulatìons requi red for safety.
3. Discriminatory: This is baseless. Many regulations of the Cíty require geparation
and setbacks_ This regulatìon actually a{lows more flexìbility for the drilling operation.
The City could just as easily have enacted a regulation requiring a 150 foot setback from
2007~04 ì
PO. 80>: 820609 .,.. North Richland Hills. .J ex-as ~ ï6' 82- 0609
7101 Norlhe-d~t Loop 820 "'" (817) 427 -6003 ~ F.:J)( (817) 427 -GO ~ 6
City Response Letter
Page 2 of 2
the permanent production sìte to adjacent property or a 500 foot setback from a well site
to adjacent property.
4. Unfair leverage to property owners: The same argument could be made as to any
r e qui re m e nt fa r se pa rat ion of the d rj II i ng site f rom ad j a ce n t pro p e rty _ ~I Mar k et val u e" is
always ì nfluenced by regulations and the City is ¡ n the business of protectíng property
values and safety of those within its lìm its.
5. Discourages rather than encourages drilling: Any regulation which requires
anything as a conditìon wiU create a cost of doing business. The issue ís one of
reasonableness. It is well within the powers of the city to require setbacks of mineral
extraction operations from adjacent property. There is no question but that anythi ng
other that a complete absence of any regulation can be said to discourage driUing to
some degree.
6_ Makes any drilling on city property unlikely: Thjs is baseless. City property win
easìly accommodate production sites with easements preventing development of
permanent structures within 150 feet
7. Unlikely to withstand legal challenge~ We would be happy to revìew any authority
your company has to offer on th~s issue and ,f there is any! to rev¡se the ordfnance to
require a 150 foot landscape buffer around the perimeter of the production site to be
provided by each operator des fring to drill.
City staff and the members of the City's Gas Board of Appeals remain supportive of this
proposed amendment as well as the several others being recommended to C¡ty Council.
Agajn, thank you for your interest and comments.
Og en "Bo" Bass, AICP
Assistant City Manager
City of North Richland HHlsþ Texas
Idn
Cc: Larry Cunnjngham, City Manager
John pjtsticki Planning and Zoning Direr.:tor
Kirk Marcum! Fìre Department
George Staplesþ City Attorney
2007-047
CITY OF
NORTH RICHLAND HILLS
Department: Finance
Presented by: TPowell/LKoonce
Council Meeting Date: 7-23-2007
Agenda No. F.3
Subject: PU 2007-034 Award Bid No. 07-1395 Fire Station 2 & 3 Apparatus Bay
Painting Project to Kurosky & Company Painting Contractors in the amount of $64,861
and Award Bid Alternates 1 & 2 for Re-painting the Apparatus Bay Floors at Fire
Stations 1 & 4 to RBI Corporation in the Amount of $39,411.13.
The scope of the project as approved by Council in the 2006/2007 CIP Budget is for the
painting of the apparatus bays at Fire Stations 2 & 3 including the ceilings, walls, interior
of all overhead doors, and the apparatus bay floors. Painting of these bays will seal the
surfaces and allow for easier cleaning and will extend the life of the facilities.
Notice of the City's intent to bid was advertised in local newspapers, as required by
State statute, and posted on the City's Website. Nine (9) vendors were contacted and
requested to participate in this bid process. Bid specifications were viewed on the City
Website by five (5) additional vendors. Four (4) bids were received from the vendors
listed below:
Kurosky & Co. Artistic Concord
Vendor/Firm Painting Painting Commercial RBI Corp.
Contractors Services
Project - Amount to supply all
materials for Station 2 & 3 $20,463.00 $29,900.00 $35,792.00 $7,856.55
Project - Amount to supply
labor and supervision at
Station 2 & 3 $44,398.00 $53,800.00 $43,797.00 $31,426.20
Total Base Bid $64,861.00 $83,700.00 $79,589.00 $39,282.75
Altemate 1- Amount to supply
all materials for Station 1 $7,969.00 $19,000.00 $10,500.00 $4,389.44
Altemate 1 - Amount to supply
labor and supervision at
Station 1 $16,850.00 $26,540.00 $12,325.00 $17,557.75
Total Alternate #1 $24,819.00 $45,540.00 $22,825.00 $21 ,94 7. 19
Altemate 2 - Amount to supply
all materials for Station 4 $5,915.00 $17,000.00 $8,355.00 $3,492.79
Altemate 2 - Amount to supply
labor and supervision at
Station 4 $12,506.00 $16,800.00 $9,808.00 $13,971.15
Total Alternate #2 $18,421.00 $33,800.00 $18,163.00 $17,463.94
Of the four bids received, Kurosky & Company Painting Contractors submitted the
lowest acceptable bid for the base project. RBI Corporation submitted an incomplete
bid amount, neglecting to include floor paint product expenses in their bid.
Project scope and materials have been reviewed with Gary Kurosky of Kurosky &
Company Painting Contractors. Kurosky & Company has performed as the contractor
and as sub contractor on several City projects. They have always completed the
projects according to the scope of work required and within the timeline specified. They
have filed their Conflict of Interest Questionnaire with the City of North Richland Hills.
This bid also included alternates for re-painting the apparatus bay floors at Fire Stations
1 & 4. Shortly after the completion of the new fire stations the paint on the apparatus
bay floors started blistering and peeling. The bay floor issue was directed to the general
contractor. During negotiations with the general contractor they filed bankruptcy. The
City Attorney then began negotiations with the bonding company. The bonding
company visited both facilities and requested actual bids for re-painting both bay floors.
The original construction project for Stations 1 & 4 has not been closed out pending the
outcome of the bay floors and there is funding available to cover this cost. Awarding the
bid alternates for the re-painting will resolve the bay floor peeling issue and allow the
original construction project to be closed. Negotiations for the reimbursement of this
cost will continue with the bonding company.
RBI Corporation is the low bidder for Alternates 1 & 2 and they have successfully
completed previous projects for the City. They are ready to start once the project is
approved and have filed their Conflict of Interest Questionnaire with the City.
Recommendation:
Award Bid No. 07-1395 Fire Station 2 & 3 Apparatus Bay Painting Project to Kurosky &
Company Painting Contractors in the amount of $64,861.00 and Award Bid Alternates 1
& 2 for Re-painting the Apparatus Bay Floors at Fire Stations 1 & 4 to RBI Corporation
in the Amount of $39,411.13.
CITY OF
NORTH RICHLAND HILLS
Department: Police
Presented by: Jimmy Perdue
Council Meeting Date: 7-23-2007
Agenda No. F.4
Subject: GN 2007-063 Amend Article X of Chapter 54 of the Code of Ordinances -
Automated Traffic Signal Control to conform to the requirements of Chapter 707 of the
Texas Legislature 80th Session, SB1119 - Ordinance No. 2946
Council approved the Automated Traffic Signal Control Ordinance (Ordinance No. 2911)
on November 13, 2006. This ordinance must be modified to remain in compliance with
the requirements of SB 1119.
The primary modifications include:
Requiring the City Council appoint the person responsible for hearing appeals to
red light camera violations. A person who receives a notice of a violation may
contest the penalty by means of an administrative adjudication hearing. This is
listed as a companion item on this agenda.
Requires fifty (50) percent of net revenues from civil penalties collected be sent to
the comptroller for deposit in the regional trauma account established under
Section 782.002 of the Health and Safety Code.
Requires traffic engineering study and data collection before installation and the
submission of a report of accident following implementation.
Prohibits sending unpaid violator information to a credit bureau.
Allows for the Texas Department of Transportation to refuse to register vehicle for
nonpayment of fine.
Requires the municipality set the yellow signal at a minimal change interval in
accordance with the Texas Manual of Uniform Traffic Control Devices.
Requires the creation of a citizen advisory committee to advise the local authority
on the installation and operation of a photographic traffic signal enforcement
program. (This issue will be addressed on a future agenda as the committee
members are to be appointed by the Mayor and each member of the City Council.)
A companion item on this agenda is the request for City Council to appoint the person
responsible for hearing appeals to red light camera violations. A person who receives a
notice of a violation may contest the penalty by means of an administrative adjudication
hearing.
Recommendation:
To approve Ordinance No. 2946.
ORDINANCE NO. 2946
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS,
AMENDING ARTICLE X OF CHAPTER 54 OF THE NORTH RICHLAND
HILLS CODE OF ORDINANCES TO CONFORM TO THE
REQUIREMENTS OF CHAPTER 707 OF THE TEXAS
TRANSPORTATION CODE AS ENACTED BY THE TEXAS
LEG ISLA TU RE, 80TH SESSION AS SB 1119; PROVI DI NG A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND
PROVIDING FOR PUBLICATION.
WHEREAS, the City is a home rule municipality with powers created by its charter, in
addition to those granted by Sec. 542.201, 542.202, and Chapter 707,
Texas Transportation Code; and
WHEREAS, Ordinance 2911 established Article X of chapter 54 of the Code of
Ordinances providing for photographic traffic signal surveillance and for
civil enforcement thereof; and,
WHEREAS, the Texas Legislature, 80th Session enacted SB 1119, effective
September 1, 2007 creating Chapter 707 of the Texas Transportation
Code establishing requirements for photographic traffic signal
enforcement systems which requires amendment of the city's ordinance to
conform thereto; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION 1. That Sections 54-401, 54-402, 54-403, 54-404 and 54-407 of the North
Richland Hills Code of Ordinances are hereby amended to read as
follows:
"Sec. 54-401.
Defi n itions.
In this article:
(1) Department shall mean the Police Department of the City of North
Richland Hills, Texas.
(2) Intersection shall mean the place or area where two or more streets
i nte rsect.
(3) Owner shall mean the owner of a motor vehicle as shown on the motor
vehicle registration records of the Texas Department of Transportation or
the analogous department or agency of another state or country.
(4) Photographic Traffic Signal Enforcement System shall mean a system
th at:
(a) consists of a camera system and vehicle sensor installed to
exclusively work in conjunction with an electrically operated traffic-
control-signal; and
(b) is capable of producing at least two recorded images that depicts
the license plate attached to the the front or the rear of a motor
vehicle that is not operated in compliance with the instructions of
the traffic-control signal.
(5) Recorded Image means a photographic or digital image recorded by a
photographic traffic monitoring system that depicts the front or rear of a
motor vehicle.
(6) System Location means the approach to an intersection toward which a
photographic traffic monitoring system is directed and in operation.
(7) Traffic Control Signal shall mean a traffic control device that displays
alternating red, amber and green lights that directs traffic when to stop at
or proceed through an intersection and has the meaning assigned by
Section 541.304, Texas Transportation Code.
Sec. 54-402. I m position of Civi I Pen alty for Violations.
(a) The City Council finds and determines that a vehicle that proceeds into an
intersection when the traffic control signal for that vehicle's direction of travel is
emitting a steady red signal damages the public by endangering motor vehicle
operators and pedestrians alike, by decreasing the efficiency of traffic control and
traffic flow efforts, and by increasing the number of serious accidents to which
public safety agencies must respond at the expense of the taxpayers.
(b) Except as provided in (c) below, the owner of a motor vehicle is liable for a civil
penalty of seventy-five dollars ($75.00) if while facing a steady red signal
displayed by an electrically operated traffic control signal the vehicle is operated
in violation of the instructions of that traffic control signal, as specified by Section
544.007(d), Texas Transportation Code.
(c) An owner who fails to timely pay the civil penalty shall be subject to a late
payment penalty of twenty-five dollars ($25.00).
Sec. 54-403. E nfo rce men t; p roced u res.
(a) The Department is responsible for the enforcement and administration of this
article.
(b) In order to impose a civil penalty under this article, a notice of violation shall be
mailed to the owner of the motor vehicle liable for the civil penalty not later than
the 30th day after the date the violation is alleged to have occurred to:
(1) the owner's address as shown on the registration records of the Texas
Department of Transportation; or
(2) if the vehicle is registered in another state or country, the owner's address
as shown on the motor vehicle registration records of the department or
agency of the other state or country analogous to the Texas Department
of Transportation.
(c) A notice of violation issued under this article shall contain the following:
(1) a description of the violation alleged;
(2) the date, time, and location of the violation;
(3) the name and address of the owner of the vehicle involved in the violation;
(4) the registration number displayed on the license plate of the vehicle
involved in the violation;
(5) a copy of a recorded image of the vehicle involved in the violation;
(6) the amount of the civil penalty to be imposed for the violation;
(7) the number of days the person has in which to payor contest the
imposition of the civil penalty and a statement that the person incurs a late
payment penalty if the civil penalty is not paid or imposition of the penalty
is not contested within that period;
(8) a statement that the person named in the notice of violation may pay the
civil penalty by mail sent to a specified address instead of appearing at the
time and place of the administrative adjudication hearing;
(9) information that informs the owner of the vehicle named in the notice of
violations:
(A) of the right to contest the imposition of the civil penalty In an
administrative adjudication hearing;
(B) that imposition of the civil penalty may be contested by submitting a
written request for and administrative adjudication hearing before
the expiration of the period specified by Section 54-404.
(C) that failure to pay the civil penalty or to contest liability IS an
admission of liability.
(10) a statement that a recorded Image is evidence in a proceeding for the
imposition of a civil penalty;
(11) a statement that failure to pay the civil penalty within the time allowed shall
result in the imposition of a late penalty of $25.00;
(12) any other information deemed necessary by the department.
(d) A notice of violation under this article is presumed to have been received on the
fifth day after the date the notice of violation is mailed.
(e) In lieu of issuing a notice of violation, the Department may mail a warning notice
to the owner.
Sec. 54-404. Ad m inistrative adjudication hearing.
(a) A person who receives a notice of violation may contest the imposition of the civil
penalty by requesting in writing an administrative adjudication of the civil penalty
within fifteen (15) days after receipt of the notice of violation. Upon receipt of a
timely request, the Department shall notify the person of the date and time of the
hearing on the administrative adjudication. The administrative adjudication
hearing shall be held before a hearing officer appointed by the City Council. The
City Council shall have the right to appoint an alternate hearing officer to serve in
the absence of the hearing officer. The hearing officer and the alternate hearing
officer shall have authority to administer oaths and issue orders compelling the
attendance of witnesses and the production of documents.
(b) Failure to pay a civil penalty or to contest liability in a timely manner or a failure to
appear at a requested administrative adjudication hearing is an admission of
liability in the full amount of the civil penalty assessed in the notice of violation,
and a waiver of the right to appeal under section 54-404(i).
(c) The civil penalty shall not be assessed if after a hearing, the hearing officer
enters a finding of no liability.
(d) In an administrative adjudication hearing, the issues must be proved at the
hearing by a preponderance of the evidence. The reliability of the photographic
traffic signal enforcement system used to produce the recorded image of the
violation may be attested to in an administrative adjudication hearing by affidavit
of an officer or employee of the City or the entity with which the City contracts to
install or operate the system and who is responsible for inspecting and
maintaining the system. An affidavit of an officer or employee of the City that
alleges a violation based on an inspection of the pertinent recorded image, is
admissible in a proceeding under this article and is evidence of the facts
contained in the affidavit.
(e) A person who is found liable after an administrative adjudication hearing shall
pay the civil penalty within 10 days of the hearing, as shall a person who
requests an administrative adjudication hearing and thereafter fails to appear at
the time and place of the hearing.
(f) It shall be an affirmative defense to the imposition of civil liability under this
article, to be proven by a preponderance of the evidence, that:
(1) the traffic-control signal was not in proper position and sufficiently legible
to an ordinarily observant person;
(2) the operator of the motor vehicle was acting in compliance with the lawful
order or direction of a police officer;
(3) the operator of the motor vehicle violated the instruction of the traffic-
control signal so as to yield the right-of-way to an immediately
approaching authorized emergency vehicle;
(4) the motor vehicle was being operated as an authorized emergency vehicle
under Chapter 546 of the Texas Transportation Code and that the
operator was acting in compliance with that Chapter;
(5) the motor vehicle was a stolen vehicle and being operated by a person
other than the owner of the vehicle without the effective consent of the
owner;
(6) the license plate depicted in the recorded image of the violation was stolen
and being displayed on a motor vehicle other than the motor vehicle for
which the plate had been issued; or
(7) the presence of ice, snow, unusual amounts of rain or other unusually
hazardous road conditions existed that would make compliance with this
article more dangerous under the circumstances than non-compliance;
(8) the person who received the notice of violation was not the owner of the
motor-vehicle at the time of the violation.
(g) To demonstrate that at the time of the violation the motor vehicle was a stolen
vehicle or the license plate displayed on the motor vehicle was a stolen plate, the
owner must submit proof acceptable to the hearing officer that the theft of the
vehicle or license plate had been timely reported to the appropriate law
enforcement agency.
(h) Notwithstanding anything in this article to the contrary, a person who fails to pay
the amount of a civil penalty or to contest liability in a timely manner is entitled to
an administrative adjudication hearing on the violation if:
(1) the person files an affidavit with the hearing officer stating the date on
which the person received the notice of violation that was mailed to the
person; and
(2) within the same period required by Sec. 54-403(c)(7)(B) for a hearing to
be timely requested but measured from the date the mailed notice was
received as stated in the affidavit filed under Subdivision (1), the person
requests an administrative adjudication hearing.
(i) A person who is found liable after an administrative adjudication hearing may
appeal that finding of civil liability to the Municipal Court by filing a notice of
appeal with the clerk of the Municipal Court. The notice of appeal must be filed
not later than the 31 st day after the date on which the administrative adjudication
hearing officer entered the finding of civil liability. The filing of an appeal staya
the enforcement of the civil penalty. An appeal shall be determined by the
Municipal Court by trial de novo. The affidavits submitted under Section 54-
404(d) shall be admitted by the municipal judge in the trial de novo, and the
issues must be proved by a preponderance of the evidence. A person found
liable by the Municipal Court shall be liable for the civil penalty due the City."
"Sec. 54-407
REVENUE FROM CIVIL PENALTIES
The civil penalties collected under this article shall be utilized as provided by
Section 707.008, Texas Transportation Code except for the appellate filing fee
paid to the Municipal Court, and except for the amount retained for purchasing,
leasing and maintaining the photographic traffic signal enforcement system and
equipment and installing and operating the system, including general upkeep and
functioning, cost of notices, processing of fine payments and collections and
administrative adjudications and appeals, all revenue shall be divided equally
with 500/0 to be deposited with the State Comptroller as required by sec.
797.008(a)(1) and the remaining 500/0 to be deposited in a special account of the
city to be used only to fund traffic safety programs as required by sec.
707.008(a)(2), Texas Transportation Code."
SECTION 2. That Article X of Chapter 54 of the North Richland Hills Code of
Ordinances is hereby amended by adding a new Section 54.408 which
shall read as follows:
"Sec. 54-408
STUDIES, ADVISORY COMMITTEE, SELECTION CRITERIA OF
INTERSECTIONS, REPORTS, SIGNAGE
(a) A citizen advisory committee to be known as the "Red Light Camera Advisory
Committee" is hereby created. Such committee shall consist of eight persons
serving for one year terms expiring in June of each year, and the members of
which shall consist of one person appointed annually by the Mayor and one
appointed annually by each member of the city council. The committee shall
advise the city council on the installation and operation of a photographic traffic
signal enforcement system established under this Article.
(b) Prior to the installation of a photographic traffic signal enforcement system at an
intersection approach, a traffic engineering study of the approach shall be
conducted to determine whether, in addition to or as an alternative to the system,
a design change to the approach or a change in the signalization of the
intersection is likely to reduce the number of red light violations at the
intersection. The results of such study shall be reported to the Red Light Camera
Advisory Committee.
(c) An intersection approach shall be selected for the installation of a photographic
traffic signal enforcement system based on traffic volume, accident history,
number or frequency of red light violations at the intersection and similar traffic
engineering and safety criteria, without regard to the ethnic or socioeconomic
characteristics of the area in which the approach is located.
(d) Signs easily readable to any operator approaching an intersection clearly
indicating the presence of a photographic monitoring system that records
violations that may result in the issuance of a notice of violation and imposition of
a monetary penalty shall be erected along each roadway that leads to an
intersection at which a photographic traffic signal enforcement system is in active
use. Such signs shall be located at least 100 feet from the intersection or located
according to standards established in the manual adopted by the Texas
Transportation Commission.
(e) Before a photographic traffic signal enforcement system is installed at an
intersection, a written report shall be compiled containing the number and type of
traffic accidents that have occurred at the intersection during at least the previous
18 months. Such report shall be provided to the Texas Department of
Transportation within six months of the date of the installation of the photographic
traffic signal enforcement system at such intersection.
(f) A report of the number and type of accidents at each intersection with a
photographic traffic signal enforcement system shall be provided to the Texas
Department of Transportation to determine whether the system results in a
reduction in accidents or a reduction in the severity of accidents. Such report
shall be in the form prescribed by the Texas Department of Transportation."
SECTION 3. That all provisions of the ordinances of the City of North Richland Hills in
conflict with the provisions of this ordinance be, and the same are hereby,
repealed to the extent of such conflict only, and all other provisions of the
ordinances of the City of North Richland Hills not in conflict with the
provisions of this ordinance shall remain in full force and effect.
SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal
or invalid, the same shall not affect the validity of this ordinance as a
whole, or any part or provision thereof other than the part so decided to be
invalid, illegal or unconstitutional, and shall not affect the validity of the
Code of Ordinances as a whole.
SECTION 5. This Ordinance shall take effect September 1, 2007.
SECTION 6. The City Secretary is hereby authorized and directed to cause the
descriptive caption and 54-402 hereof to be published.
PASSED AND APPROVED this the 23rd day of July, 2007.
CITY OF NORTH RICH LAND 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
CITY OF
NORTH RICHLAND HILLS
Department: Police
Presented by: Jimmy Perdue
Council Meeting Date: 7-23-2007
Agenda No. F.5
Subject: GN 2007-064 Approve Appointment of Automated Traffic Signal Enforcement
Program Hearing Officer, Ms. Cheryl Dean.
Council approved the Automated Traffic Signal Control Ordinance (Ordinance No. 2911)
on November 13, 2006. A companion item on this agenda modified this ordinance to be
in compliance with the requirements of SB 1119. One of the changes requires the City
Council appoint the person responsible for hearing appeals to red light camera
violations. A person who receives a notice of a violation may contest the penalty by
means of an administrative adjudication hearing.
The independent contract for the hearing officer has a term of one year of service. The
scope of services included performance of duties based on City Ordinance 54.401 and
any other applicable City policy. The hearing officer is required to be familiar with City
Ordinance 54.401 as well as Chapter 707 of the transportation code in so far as
resolution of administrative adjudication of photographic traffic enforcement system.
The hearing officer shall hear, review and render decisions on vehicle owners who
desire to appeal photo enforced red light violations.
The hearing officer is compensated for services rendered at rate of $35 per hour, and is
required to submit an invoice by the 20th day of the month to the City Manager's
designee.
The City of North Richland Hills shall provide all facilities, furniture, fixtures, equipment
and supplies reasonably necessary for the adjudication of the administrative hearings.
Should the contract be terminated by the City of North Richland Hills notice is not
required. If the hearing officer desires to terminate the contract with the City of North
Richland Hills a 30 day notice is required.
The position was advertised, and after a thorough interview process of several
candidates, Ms. Cheryl Dean was selected for the position. Ms. Dean is an attorney
licensed by the Texas State Bar, and her qualifications include having served for over
16 years as the Hearing Officer/Administrative Law Judge for the Division of Workers'
Compensation determining benefits entitlement. In addition, Ms. Dean previously
served as Hearing Officer for the Texas Workforce Commission presiding over
ad mi nistrative proceed ings.
Recommendation: Approve appointment of Ms. Cheryl Dean as the hearing officer for
photo enforced red light violations.
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INDEPENDENT CONTRACTOR AGREEMENT
FOR HEARING OFFICER SERVICES
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This Independent Contractor Agreement for Hearing Officer Services
("Agreement") is hereby made by and between the City of North Richland Hills, Texas, a
home rule municipality located in Tarrant County, Texas ("City"), and
, an individual residing in County, Texas ("Hearing
Officer") to be effective as of the _ day of , 2007 ("Effective Date"). For
convenience, the City and the Hearing Officer may be referred to collectively as
"parties" and individually as a "party."
WHEREAS, the City has adopted Article X of Chapter 54 of the North Richland
Hills Code of Ordinances ("Ordinance") which establishes the City's right to assess a
civil penalty (and other fees) against persons who operate motor vehicles in violation of
the terms of the Ordinance as evidenced by one or more photographs taken by an
automated camera system installed at certain locations within the city limits; and
WHEREAS, the Ordinance allows for persons who receive a notice of violation
from the City to contest the imposition of the civil penalty by requesting in writing for an
administrative adjudication of the civil penalty; and
WHEREAS, the Ordinance allows for the City Council to appoint a hearing officer
to preside over such administrative adjudication and to fulfill all the duties of the hearing
officer as described in the Ordinance; and
WHEREAS, the City desires to retain the services of the Hearing Officer and the
Hearing Officer desire to be retained to provide the services contemplated by the
Ordinance as more fully set forth in this Agreement.
NOW THEREFORE, for and in consideration of the mutual promises and
covenants set forth in this Agreement, and for other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree
as follows:
I.
GENERAL PROVISIONS
1.1 Term. The term of this Agreement shall be one year from the Effective Date
which term shall automatically renew for successive one year terms unless this
Agreement is terminated earlier by either party as provided in this Agreement.
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1.2 Scope of Services. The City hereby retains the Hearing Officer to perform the
duties and services as prescribed in the Ordinance, this Agreement and any
other applicable City policy. The Hearing Officer shall be intimately familiar with
the requirements of the Ordinance and shall conduct the administrative
adjudication hearings in a professional and courteous manner. The Hearing
Officer shall conduct such hearings on the dates and times and at the locations
designated by the City. The Hearing Officer must remain neutral and unbiased
with respect to the presentation of evidence and facts. The Hearing Officer is
prohibited from rendering services or taking actions that are outside the scope of
services as described in this paragraph.
1.3 Compensation. As compensation for the services rendered by the Hearing
Officer under this Agreement, the City shall pay the Hearing Officer the sum of
$35.00 per hour. Such compensation shall be due on or before the first (1 st)
day of each month following the month in which hearings are first conducted,
provided that as a condition precedent to payment, the Hearing Officer shall
submit to the City Manager or his designee on or before the 20th of each month
an invoice for services rendered. Any hearings conducted during the month
which are not included on the invoice during that month may be included on the
invoice for the following month. Such bill shall include a description of the
services rendered that shall detail the number of hearings conducted during the
preceding month, the time spent by the hearing officer preparing for and
conducting such hearings, and a copy of each corresponding order issued
pursuant to section 54.405 of the Ordinance. The Hearing Officer is not entitled
to receive and is prohibited from accepting any compensation or other benefit
from either the City or from any other person or entity in exchange for the
Hearing Officer's services rendered under this Agreement except as provided in
this Agreement.
1.4 Performance Review. The Hearing Officer's performance under this
Agreement shall be subject to review by the City Manager or his designee to
determine compliance with the requirements of the Ordinance and with the
terms of this Agreement. Upon request, the Hearing Office shall report to the
City Manager or his designee regarding his or her provision of services under
this Agreement. The City shall not control the means and methods of the
provision of the Hearing Officer's services except to the extent necessary to
cause the Hearing Officer to come into compliance with the requirements of the
Ordinance and with the terms of this Agreement.
1.5 City's Additional Duties. The City shall provide all facilities, furniture, fixtures,
equipment and supplies reasonably necessary for the adjudication of the
administrative hearings. If the Hearing Officer believes that additional furniture,
fixtures, equipment or supplies are needed to facilitate the administrative hearing
process, the Hearing Officer must request in writing the City Manager to provide
such additional amenities. The City Manager may provide such amenities if the
.
1.6
1.7
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Revised 7/23/07
City Manager believes in his sole discretion that such amenities are reasonably
necessary for the adjudication of the administrative hearings.
Termination. This Agreement may be terminated by the City for any reason
without notice to the Hearing Officer. The Hearing Officer may terminate this
Agreement for any reason with 30 days written notice to the City. In the event of
termination, the City shall pay the Hearing Officer all sums due under this
Agreement through the effective date of termination. Nothing herein shall be
interpreted to alter the at-will employment status of the Hearing Officer.
INDEMNIFICATION. THE HEARING OFFICER SHALL INDEMNIFY AND
HOLD HARMLESS THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES,
FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH,
ECONOMIC LOSS, PERSONAL INJURY OR PROPERTY DAMAGE ARISING,
IN WHOLE OR IN PART, FROM THE ACTIVITIES OF THE HEARING
OFFICER UNDER THIS AGREEMENT, REGARDLESS OF WHETHER SUCH
CLAIMS ARISE, IN PART, OUT OF ANY NEGLIGENT ACT OR OMISSION
COMMITTED BY ANY OFFICIALS, OFFICERS, OR EMPLOYEES OF THE
CITY. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE THE
TERMINATION OF THIS AGREEMENT.
II.
MISCELLANEOUS PROVISIONS
2.1 No Waiver of Defenses. Notwithstanding any provision of this Agreement to
the contrary, nothing contained in this Agreement shall be construed to limit or
waive any affirmative defense of the City to any claim, including any defense
based upon governmental or sovereign immunity of the City, statutory damage
limits, or any immunity applicable to its officers, agents, servants or employees.
2.2 Independent Contractor/Insurance. The Hearing Officer agrees and
understands that he or she is acting as an independent contractor, and that the
City is not directing the manner of the work to be undertaken by the Hearing
Officer. The Hearing Officer further agrees and understands that the City shall
have no obligation to provide any insurance coverage for the Hearing Officer's
activities, but may choose to do so. In the event that the City's insurance
provides any coverage for the Hearing Officer's activities, the Hearing Officer
acknowledges that such coverage is for the benefit of the City, its agents, officials
and employees only, and that the Hearing Officer shall not be an insured there
under.
2.3 Hearing Officer's Warranties/Representations. The Hearing Officer hereby
warrants and represents that any and all information provided to the City
regarding the Hearing Officer's background and experience is true and correct.
The Hearing Officer acknowledges that the City's execution of this Agreement is
made in reliance upon such information and that if any of such information is
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determined by the City to be inaccurate or untrue, this Agreement shall be
subject to immediate termination by the City. The Hearing Officer further
warrants and represents to the City that he or she is licensed as an attorney in
the State of Texas and that he or she is in good standing with the State of Texas
with a license that is currently active and is not under suspension for any reason.
2.4
Criminal Background Check. The Hearing Officer agrees to submit to a
criminal background check which may be performed at least once during each
term of this Agreement. The Hearing Officer further agrees that if such
background check reveals a felony or crime of moral turpitude, this Agreement
will be subject to immediate termination.
2.5
Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subject matter hereof and displaces any prior or
contemporary written or oral agreements.
2.6
Assignment. This Agreement or any obligation contained herein may not be
assigned by any party without the written consent of the other party.
2.7 Severability. If any term or provision of this Agreement is deemed by a court of
competent jurisdiction to be illegal or unenforceable, this Agreement shall survive
and shall be interpreted as if such illegal or unenforceable term or provision were
not contained in this Agreement.
2.8 Amendment. This Agreement may not be modified or amended unless such
modification or amendment is in writing and signed by both parties.
2.9 Governing Law and Venue. This Agreement shall be construed under and
governed by, and in accordance with the substantive laws of the State of Texas,
exclusive of its choice-of-Iaw provisions. All obligations of the parties hereto,
created by this Agreement are fully performable in Tarrant County, Texas. Venue
of any suit or cause of action under this Agreement shall lie exclusively in Tarrant
County, Texas.
2.10 Notice. All notices required or permitted to be sent hereunder shall be delivered
in person, by courier or overnight delivery service or by depositing same in the
United States mail, return receipt requested. Such notices shall be deemed
delivered on the date received and shall be delivered to the following address:
If to the City:
If to the Hearing Officer:
City of North Richland Hills
Attn: City Manager
7301 Northeast Loop 820
North Richland Hills, Texas 76180
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Revised 7/23/07
Either party may change their address for notice purposes by providing notice as
required by this paragraph.
2.11
Background Check and Drug and Alcohol Use. Hearing Officer represents
that Hearing Officer has no convictions for any felony or Class A or Class B
misdemeanor, and, to the Hearing Officer's knowledge, is not being investigated
for any such offense. Hearing Officer agrees to immediately inform the City if
Hearing Officer is indicted or other accused of any such criminal conduct.
Hearing Officer also acknowledges and agrees that the City has a paramount
interest in maintaining the integrity of the hearing process, and control of all City
premises, and to that end, the City has established certain rules of conduct for all
officers, employees, and contractors, which include a strict prohibition against
use of alcohol or illegal drugs, the misuse of legal drugs, and the possession of
firearms on City premises and otherwise when the Hearing Officer is providing
services to the City, and Hearing Officer acknowledges and agrees that the City
may conduct a criminal background check on Hearing Officer periodically at the
City's discretion. Hearing Officer agrees to submit to a drug screen as part of this
contract.
2.12 Rules of Construction. This Contract shall not be construed against the drafting
party, but all other rules of contract construction shall apply.
SIGNED TO BE EFFECTIVE ON THE EFFECTIVE DATE.
CITY OF NORTH RICH LAND HILLS, TEXAS:
By:
Larry J. Cunningham City Manager
HEARING OFFICER:
Print Name
IN DEPEN DENT CO NTRACTO R AG REEM ENT
FOR HEARING OFFICER SERVICES
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This Independent Contractor Agreement for Hearing Officer Services
("Agreement") is hereby made by and between the City of North Richland Hills, Texas, a
home rule municipality located in Tarrant County, Texas ("City"), and
, an individual residing in County, Texas ("Hearing
Officer") to be effective as of the _ day of , 2007 ("Effective Date"). For
convenience, the City and the Hearing Officer may be referred to collectively as
"parties" and ind ivid ually as a "party. II
WHEREAS, the City has adopted Ordinance NO.54.402. ("Ordinance") which
establishes the City's right to assess a civil penalty (and other fees) against persons
who operate motor vehicles in violation of the terms of the Ordinance as evidenced by
one or more photographs taken by an automated camera system installed at certain
locations within the city limits; and
WHEREAS, the Ordinance allows for persons who receive a notice of violation
from the City to contest the imposition of the civil penalty by requesting in writing for an
administrative adjudication of the civil penalty; and
WHEREAS, the Ordinance allows for the City Manager to appoint a hearing
officer to preside over such administrative adjudication and to fulfill all the duties of the
hearing officer as described in the Ordinance; and
WHEREAS, the City desires to retain the services of the Hearing Officer and the
Hearing Officer desire to be retained to provide the services contemplated by the
Ordinance as more fully set forth in this Agreement.
NOW THEREFORE, for and in consideration of the mutual promises and
covenants set forth in this Agreement, and for other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree
as follows:
I.
GENERAL PROVISIONS
1.1 Term. The term of this Agreement shall be one year from the Effective Date
which term shall automatically renew for successive one year terms unless this
Agreement is terminated earlier by either party as provided in this Agreement.
1.2 Scope of Services. The City hereby retains the Hearing Officer to perform the
duties and services as prescribed in the Ordinance, this Agreement and any
other applicable City policy. The Hearing Officer shall be intimately familiar with
the requirements of the Ordinance and shall conduct the administrative
adjudication hearings in a professional and courteous manner. The Hearing
Officer shall conduct such hearings on the dates and times and at the locations
designated by the City. The Hearing Officer must remain neutral and unbiased
with respect to the presentation of evidence and facts. The Hearing Officer is
prohibited from rendering services or taking actions that are outside the scope of
services as described in this paragraph.
1.3 Compensation. As compensation for the services rendered by the Hearing
Officer under this Agreement, the City shall pay the Hearing Officer the sum of
$35.00 per hour. Such compensation shall be due on or before the first (1 st)
day of each month following the month in which hearings are first conducted,
provided that as a condition precedent to payment, the Hearing Officer shall
submit to the City Manager or his designee on or before the 20th of each month
an invoice for services rendered. Any hearings conducted during the month
which are not included on the invoice during that month may be included on the
invoice for the following month. Such bill shall include a description of the
services rendered that shall detail the number of hearings conducted during the
preceding month, the time spent by the hearing officer preparing for and
conducting such hearings, and a copy of each corresponding order issued
pursuant to section 54.405 of the Ordinance. The Hearing Officer is not entitled
to receive and is prohibited from accepting any compensation or other benefit
from either the City or from any other person or entity in exchange for the
Hearing Officer's services rendered under this Agreement except as provided in
this Agreement.
1.4 Performance Review. The Hearing Officer's performance under this
Agreement shall be subject to review by the City Manager or his designee to
determine compliance with the requirements of the Ordinance and with the
terms of this Agreement. Upon request, the Hearing Office shall report to the
City Manager or his designee regarding his or her provision of services under
this Agreement. The City shall not control the means and methods of the
provision of the Hearing Officer's services except to the extent necessary to
cause the Hearing Officer to come into compliance with the requirements of the
Ordinance and with the terms of this Agreement.
1.5 City·s Additional Duties. The City shall provide all facilities, furniture, fixtures,
equipment and supplies reasonably necessary for the adjudication of the
administrative hearings. If the Hearing Officer believes that additional furniture,
fixtures, equipment or supplies are needed to facilitate the administrative hearing
process, the Hearing Officer must request in writing the City Manager to provide
such additional amenities. The City Manager may provide such amenities if the
City Manager believes in his sole discretion that such amenities are reasonably
necessary for the adjudication of the administrative hearings.
1.6 Termination. This Agreement may be terminated by the City for any reason
without notice to the Hearing Officer. The Hearing Officer may terminate this
Agreement for any reason with 30 days written notice to the City. In the event of
termination, the City shall pay the Hearing Officer all sums due under this
Agreement through the effective date of termination. Nothing herein shall be
interpreted to alter the at-will employment status of the Hearing Officer.
1.7 INDEMNIFICATION. THE HEARING OFFICER SHALL INDEMNIFY AND
HOLD HARMLESS THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES,
FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH,
ECONOMIC LOSS, PERSONAL INJURY OR PROPERTY DAMAGE ARISING,
IN WHOLE OR IN PART, FROM THE ACTIVITIES OF THE HEARING
OFFICER UNDER THIS AGREEMENT, REGARDLESS OF WHETHER SUCH
CLAIMS ARISE, IN PART, OUT OF ANY NEGLIGENT ACT OR OMISSION
COMMITTED BY ANY OFFICIALS, OFFICERS, OR EMPLOYEES OF THE
CITY. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE THE
TERMINATION OF THIS AGREEMENT.
II.
MISCELLANEOUS PROVISIONS
2.1 No Waiver of Defenses. Notwithstanding any provision of this Agreement to
the contrary, nothing contained in this Agreement shall be construed to limit or
waive any affirmative defense of the City to any claim, including any defense
based upon governmental or sovereign immunity of the City, statutory damage
limits, or any immunity applicable to its officers, agents, servants or employees.
2.2 Independent Contractor/lnsurance. The Hearing Officer agrees and
understands that he or she is acting as an independent contractor, and that the
City is not directing the manner of the work to be undertaken by the Hearing
Officer. The Hearing Officer further agrees and understands that the City shall
have no obligation to provide any insurance coverage for the Hearing Officer's
activities, but may choose to do so. In the event that the City's insurance
provides any coverage for the Hearing Officer's activities, the Hearing Officer
acknowledges that such coverage is for the benefit of the City, its agents, officials
and employees only, and that the Hearing Officer shall not be an insured there
under.
2.3 Hearing Officer1s Warranties/Representations. The Hearing Officer hereby
warrants and represents that any and all information provided to the City
regarding the Hearing Officer's background and experience is true and correct.
The Hearing Officer acknowledges that the City's execution of this Agreement is
made in reliance upon such information and that if any of such information is
determined by the City to be inaccurate or untrue, this Agreement shall be
subject to immediate termination by the City. The Hearing Officer further
warrants and represents to the City that he or she is licensed as an attorney in
the State of Texas and that he or she is in good standing with the State of Texas
with a license that is currently active and is not under suspension for any reason.
2.4 Criminal Background Check. The Hearing Officer agrees to submit to a
criminal background check which may be performed at least once during each
term of this Agreement. The Hearing Officer further agrees that if such
background check reveals a felony or crime of moral turpitude, this Agreement
will be subject to immediate termination.
2.5 Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subject matter hereof and displaces any prior or
contemporary written or oral agreements.
2.6 Assignment. This Agreement or any obligation contained herein may not be
assigned by any party without the written consent of the other party.
2.7 Severability. If any term or provision of this Agreement is deemed by a court of
competent jurisdiction to be illegal or unenforceable, this Agreement shall survive
and shall be interpreted as if such illegal or unenforceable term or provision were
not contained in this Agreement.
2.8 Amendment. This Agreement may not be modified or amended unless such
modification or amendment is in writing and signed by both parties.
2.9 Governing Law and Venue. This Agreement shall be construed under and
governed by, and in accordance with the substantive laws of the State of Texas,
exclusive of its choice-of-Iaw provisions. All obligations of the parties hereto,
created by this Agreement are fully performable in Tarrant County, Texas. Venue
of any suit or cause of action under this Agreement shall lie exclusively in Tarrant
County, Texas.
2.10 Notice. All notices required or permitted to be sent hereunder shall be delivered
in person, by courier or overnight delivery service or by depositing same in the
United States mail, return receipt requested. Such notices shall be deemed
delivered on the date received and shall be delivered to the following address:
If to the City:
If to the Hearing Officer:
City of North Richland Hills
Attn: City Manager
7301 Northeast Loop 820
North Rich land Hills, Texas 76180
Either party may change their address for notice purposes by providing notice as
required by this paragraph.
2.11 Background Check and Drug and Alcohol Use. Hearing Officer represents
that Hearing Officer has no convictions for any felony or Class A or Class B
misdemeanor, and, to the Hearing Officer's knowledge, is not being investigated
for any such offense. Hearing Officer agrees to immediately inform the City if
Hearing Officer is indicted or other accused of any such criminal conduct.
Hearing Officer also acknowledges and agrees that the City has a paramount
interest in maintaining the integrity of the hearing process, and control of all City
premises, and to that end, the City has established certain rules of conduct for all
officers, employees, and contractors, which include a strict prohibition against
use of alcohol or illegal drugs, the misuse of legal drugs, and the possession of
firearms on City premises and otherwise when the Hearing Officer is providing
services to the City, and Hearing Officer acknowledges and agrees that the City
may conduct a criminal background check on Hearing Officer periodically at the
City's discretion. Hearing Officer agrees to submit to a drug screen as part of this
contract.
2.12 Ru les of Constru ction. Th is Contract shall not be construed against the d rafti ng
party, but all other rules of contract construction shall apply.
SIGNED TO BE EFFECTIVE ON THE EFFECTIVE DATE.
CITY OF NORTH RICHLAND HILLS, TEXAS:
By:
Larry J. Cunningham City Manager
HEARING OFFICER:
Print Name
Class Title: Hearing Officer
Contract
BRIEF DESCRIPTION:
The purpose of this position is to determine judgments of liability for people who have
been issued a civil summons for violations of the City's Photographic Traffic Signal
Enforcement System. To communicate verbally and/or in writing in a courteous and
professional manner with the general public regarding the City's Photographic Traffic
Signal Enforcement System. Provide written reports and/or related work as needed.
ESSENTIAL FUNCTIONS:
This information is intended to be descriptive of the key responsibilities of the position. The fol/awing
examples do not identify all duties performed by any single incumbent.
1 Conduct hearings for alleged violations of the Photographic Traffic Signal
Enforcement System. Render impartial and professional decisions based on a
review of photo evidence and other evidence that has been submitted by persons
who receive civil summons.
2 Communicate verbally or in writing with the public, Municipal Court and attorneys
in a courteous and professional manner regarding the City of North Richland Hills
Photographic Traffic Signal Enforcement Systems.
3 Prepare accurate and complete written reports of hearing proceeding to ensure
accountability measures are sustained.
Formal Education /
Knowledge
Work requires broad professional and technical knowledge
necessary to understand basic operational, technical, or office
processes. Knowledge is normally acquired through a four year
Bachelor's degree or equivalent in Criminal Justice, law or
similarly related field.
Any combination of experience and training that would likely
provide the required knowledge and abilities are qualifying. A
typical way to obtain the knowledge and abilities through
experience would be:
Three years experience in the law enforcement or judicial field.
Valid Texas Class C Drivers License
Experience
Certification and
Other Requirements
Reading
Math
Intermediate - Ability to read papers, periodicals, journals,
manuals, dictionaries, thesauruses, and encyclopedias.
Ordinarily, such education is obtained in high school up to
college. However, it may be obtained from experience and self-
stud.
Basic - Ability to perform the four basic arithmetic operations.
Ordinarily, such education is obtained in elementary school up to
high school. However, it may be obtained from experience and
self-study.
Writing Intermediate - Ability to write reports, prepare business letters,
expositions, and summaries with proper format, punctuation,
spelling, and grammar, using all parts of speech. Ordinarily, such
education is obtained in high school up to college. However, it
may be obtained from exp3erience and self-study.
Managerial Performs the job by following established standard operating
procedures and operating procedures and/or policies.
Performance is reviewed periodically.
Budget None
Responsi bi lity
Supervisory / No responsibility for the direction or supervision of others.
Organ izational
Control
Complexity Work involves choices of action within limits set by standard
practices and procedures. Judgment is required to apply the
proper course of action.
Interpersonal/ Discussion Frequent: From 750/0 to 900/0 of work time.
Human Relations
Skills
OVERALL PHYSICAL STRENGTH DEMANDS:
Sedenta X Light Mediu Heavy Very
ry m Heavy
Exerting up to 10 Ibs. Exerting up to 20 Ibs. Exerting 20-50 Ibs. Exerting 50-100 Ibs. Exertin g over 1 00 I bs.
occasionally or occasionally, 10 Ibs. occasionally, 10-25 occasionally, 10-25 occasionally, 50-100 Ibs.
negligible weights frequently, or negligible Ibs. frequently, or up Ibs. frequently, or up frequently, or up to 20-
freque ntl y: sitti ng most amounts constantly OR to 10 Ibs. constantly. to 10-20 Ibs. 50 Ibs. constantly.
of the time. requires walking or constantly.
stand in g to a si gni fi cant
degree.
MACHINES. TOOLS. EQUIPMENT. AND WORK AIDS:
Ability to use computer, phone, fax and copier and Microsoft Office software.
PROTECTIVE EQUIPMENT REQUIRED:
None
SIGNA TURE:
APPROVED:
Human Resources Director
DATE:
DATE:
Department Director
DATE:
City Manager
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 7-23-2007
Agenda No. F.6
Subject: Action on Any Item Discussed in Executive Session Listed on Work Session
Agenda
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by: Councilman Tim Welch
Council Meeting Date: 7-23-2007
Agenda No. F.7
Subject: INFORMATION AND REPORTS - Councilman Welch
An nou ncements
Dive-in Movies continue for two more Friday nights at NRH20. Join us on July 27th for
"Barnyard" and August 3rd for "Jaws." Dive-in Movies are free with paid admission to the
park. For more details, please call 817-427-6500.
T he North Rich land Hills F ire Department is offering a CPR class from 6 to 1 0 p. m. on
Thursday, July 26th. The class will be held in the Fire Administration Training Room at
7202 Dick Fisher Dr. The cost is $25. To register or get more information, please call
817 -427 -6900.
The City of North Richland Hills conducts a test of the 10 outdoor emergency warning
sirens on the 1st Wednesday of each month. The next test is scheduled for 1 p.m. on
August 1 st. The test will not be performed if threatening weather is near or there is low
cloud cover. For more information, please call 817-427-6900.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do.
Staff, Utility Billing/Finance Department
A card was received from a long-time resident thanking the entire staff for the
exceptional service that she has received for over 50 years. Any questions or problems
that she asked were always answered or handled quickly and with professionalism.
She stated that other public agencies would do well to take note from these City
employees.
Department: City Secretary
Presented by:
Subject: Adjournment
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 7-23-2007
Agenda No. F.8