HomeMy WebLinkAboutCC 2008-05-27 AgendasCITY 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
Tuesday, May 27, 2008
5:45 P.M.
A.1 Discuss Items from Regular City Council Meeting
A.2 IR 2008 -057 Teen Court Update (10 Minutes)
A.3 IR 2008 -062 Update on North Tarrant Parkway (10 Minutes)
A.4 IR 2008 -059 Update on the Davis Blvd Streetscape Project (Let's Grow Davis Initiative)
(10 Minutes)
A.5 IR 2008 -058 Status Report on Capital Improvement Projects (10 Minutes)
A.6 IR 2008 -056 Update on Sustainable Development Planning Effort (15 Minutes)
A.7 IR 2008 -063 Vision North Texas (10 Minutes)
• A.8 Adjournment
•
CPr ifirn inn
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 May 23, 2008 at
` 1
ss' tant ity 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
this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further
information.
The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code.
May 27, 2008 — City Council Agenda
Page 1 of 4
CITY OF NORTH RICHLAND HILLS
• CITY COUNCIL AGENDA
CITY HALL COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Tuesday, May 27, 2008
7:00 P.M.
•
•
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Copies of the full City Council agenda information packet are accessible prior to every
regularly scheduled Monday Council meeting according to the following locations and
schedule:
• Library on the Friday prior to the meeting (available electronically)
• City Hall on the day of the meeting (hard copy available)
Additionally, the agenda packet is available for download from the City's web site at
www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council
meeting.
---------------------------------------------------------------------------------------------------------------------- - - - - --
A.0 Call to Order - Mayor Trevino
A.1 Invocation - Councilwoman Compton
A.2 Pledge - Councilwoman Compton
A.3 Special Presentation(s) and Recognition(s) - IR 2008 -061 Teen Court Scholarship
presented by Mayor Pro Tern Turnage
A.4 Special Presentation(s) and Recognition(s) - Keep NRH Beautiful Yard of the Month
Awards presented by Councilman Whitson
A.5 Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Council or 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.6 Removal of Item(s) from Consent Agenda
May 27, 2008 — City Council Agenda
Page 2 of 4
•
B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
is 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 May 13, 2008 City Council Meeting
C.0 PUBLIC HEARINGS
No items for this category.
D.0 PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
D.1 FP 2008 -02 Consideration of a Request from Cornerstone Construction and
Remodeling, LLC to Approve a Final Plat of Lot 18, Block 2, Meadowview Estates
Addition (located at 7525 Kirk Road - 0.921 acres).
E.0 PUBLIC WORKS
E.1 PW 2008 -012 Approve Engineering Agreement with Freese and Nichols, Inc. for
Amundson Elevated Tank Rehabilitation Project in the Amount not to Exceed $78,500 -
• Resolution No. 2008 -027
F.0 GENERAL ITEMS
F.1 GN 2008 -040 Youth Advisory Committee End of Year Report
F.2 GN 2008 -041 Approval of New Committee Members to the Youth Advisory Committee
F.3 GN 2008 -042 Participation in Tarrant County's CDBG Program - Resolution No. 2008-
030
F.4 GN 2008 -043 Participation in Tarrant County's HOME Investment Partnership Program
- Resolution No. 2008 -031
F.5 GN 2008 -044 Approve an Ordinance Regulating Secondary Metal Recyclers -
Ordinance No. 2995
F.6 GN 2008 -045 Appointment to Teen Court Advisory Board - Place 1
G.0 EXECUTIVE SESSION ITEMS
No items for this category.
• H.0 INFORMATION AND REPORTS
May 27, 2008 — City Council Agenda
Page 3 of 4
s
• H.1 IR 2008 -066 High Speed Rail Initiative
H.2 Announcements - Councilman Barth
H.3 Adjournment
All items on the agenda are for discussion and /or action.
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills City Council was
posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas
Government Code on May 23, 2008 at
'Ais sta t 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
this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further
information.
• The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code.
•
May 27, 2008 — City Council Agenda
Page 4 of 4
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
Tuesday, May 27, 2008
5:45 P.M.
A.1 Discuss Items from Regular City Council Meeting
A.2 IR 2008 -057 Teen Court Update (10 Minutes)
A.3 IR 2008 -062 Update on North Tarrant Parkway (10 Minutes)
A.4 IR 2008 -059 Update on the Davis Blvd Streetscape Project (Let's Grow Davis
Initiative) (10 Minutes)
A.5 IR 2008 -058 Status Report on Capital Improvement Projects (10 Minutes)
A.6 IR 2008 -056 Update on Sustainable Development Planning Effort (15 Minutes)
A.7 IR 2008 -063 Vision North Texas (10 Minutes)
0 A.8 Adjournment
•
•
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 5 -27 -2008
Presented by: Agenda No. A.1
Subject: Discuss Items from Regular City Council Meeting
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008 -057
Date: May 27, 2008
Subject: Teen Court Update /Review for City Council Work Session
,4
The North Richland Hills Teen Court was established in 1989 as an alternative means
for teens to satisfy court fines by working community service hours. The program
utilizes about 13 adult volunteers who provide valuable service in the roles of Teen
Court Judge, Board Member and Adult Jury Monitors. We also have 20 -25 teen
volunteers, teens who are not serving hours for a citation, but are simply giving their
time to our City. Our volunteer program has increased thus far in 2008. January
through April 2008, we have worked with 27 volunteers who have given the City 365
volunteer hours. This is compared to 2007, where there were 554 hours worked by
volunteers for the entire year.
There are between 350 -500 offender cases heard in Teen Court each year. The
community service assigned to these Teen defendants allows them the chance to give
back to the community and learn about the Judicial System, while keeping their record
clear. In the 2007 -08 fiscal year, it is estimated offenders will be assigned 12,185
hours of community service for a dollar value of $423,901. The 2006 estimated value
of volunteer time is an hourly rate of $18.77. This rate is set by the Independent
Sector Research Organization to help quantify the value volunteers provide. Teen
offenders complete their community service successfully 75% of the time. Those who
choose not to complete the Teen Court sentence are returned to the Municipal Court
and must pay their fines in full. Those that do complete have learned a valuable
lesson, given of their time, and are grateful to have a clean record.
Other incentives of our Teen Court Program include being a positive point for parents
to gain information. We keep up with community resources for further referrals for
families. It is not unusual for a parent or Teen to return to our offices to seek additional
assistance after they have been through our program. We are always available for
Teens even after they complete their sentences in Teen Court. The Teen Court
Advisory Board is also very proud of the Teen Court Scholarship program. Each year
qualified graduating seniors can apply for a $1,000 Scholarship to the college of their
choice. This provides the teen volunteers with a great incentive to volunteer and
participate in the Teen Court Program, but also shows the City is investing in those
Teens that are investing in our City.
Respectfully Submitted,
Heather Hollingsworth
Teen Court Coordinator
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS �
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2008 -062
Date: May 27, 2008
Subject: IR 2008 -062 Update on North Tarrant Parkway (10 Minutes)
Staff wants to make Council aware of three issues regarding the North Tarrant
Parkway (Davis Boulevard to Whitley Road) CIP Project that are having a substantial
impact on the project schedule and budget. All three of the issues are a result of the
involvement of the Texas Department of Transportation (TxDOT) at the plan review
level.
The first issue is the length of time it is taking to get through the preliminary
design /schematic review phase. The preliminary plans were submitted to the North
Area TxDOT office May 2007 (just over one year ago). Currently, the city does not
have approval on the preliminary submittal and therefore does not have authorization
to proceed to the public involvement phase (public meetings). The City's consulting
engineer and City staff have been inquiring about the status of TxDOT's review for
several months. We had expected this phase to take 4 — 6 months but not over twelve
months (and still increasing). Our plan last year was to begin construction during the
summer of 2008. As it currently stands, the earliest construction would begin is early
2009.
The second issue impacting the project is due to TxDOT changing the scope of the
project after City staff and the City's consultant were under the impression that the
scope was established. During the initial "kick -off' meetings for the project, the City's
consultant furnished TxDOT the proposed roadway widths and pavement sections
planned for this section of North Tarrant Parkway. TxDOT staff indicated during these
meetings that they did not see any problems with the proposed plan. Approximately 4
months ago (8 months after the "kick off' meetings) the City was told that the roadway
width will need to be wider and the pavement thickness will need to be thicker.
The final issue is that TxDOT is indicating that they may require the project to be bid
and awarded by TxDOT Austin instead of the construction project being locally
awarded. The City's position is that since this is a City street and under the City's
jurisdiction this project should be awarded by the City. If TxDOT Austin awards the
project it could easily add an additional 4 months to the overall process. In addition,
TxDOT projects generally receive higher bids than locally let projects and TxDOT will
add approximately 7% to the construction cost for administration and inspection fees.
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS �
•
The table below summarizes how these issues are impacting the budget for this project.
August 31, 2005 Construction Cost Estimate: $19,5901000
Increase due to TxDOT's Higher Bids and Inflation: 1,175,000
Increase due to Scope Changes (Wider and Thicker Pavement): 312001000
TxDOT's Administration and Inspection Fees (approximately 7 %): 1,670,000
Current Estimated Construction Cost:
$257635,000
The difference between the current construction cost estimate and the original
construction cost estimate is $6,045,000. Approximately $2,000,000 of the increase is
due to TxDOT indicating that they may award the construction contract.
Staff will be taking an insistent approach with TxDOT to allow the City the authorization
to award the construction contract.
The Public Works staff and the City's consulting engineer will provide a brief
presentation during the May 27, 2008 Work Session and will be available for any
questions.
Respectfully Submitted,
Mike Curtis
Public Works Director
0
The City is implementing two important projects along Davis Boulevard between
Emerald Hills Way and Maplewood Avenue. The purpose of both projects is to
introduce features identified in the City Image Study to enhance the City's image and
promote possible attractions, private investment and economic viability along Davis
Blvd.
We created a theme tying the two projects together to communicate the overall vision
of the Davis Blvd corridor enhancements and to encourage additional investment from
businesses along the corridor. The Let's Grow Davis Initiative is intended to create
excitement and build public /private partnerships for reinvestment and revitalization of
Davis Blvd. Two meetings were held with the stakeholders to introduce the initiative
and to solicit input and feedback. For the project to reach its highest potential, staff is
hopeful that the business owners will make additional improvements to their property in
support of the overall initiative.
The City's investment and commitment to the Davis Blvd Streetscape Project and the
"Keep NRH Beautiful" Governor's Achievement Award Project will provide significant
improvements to Davis Blvd. by creating a "sense of place" with landscaping and
streetscape enhancements and may also provide an impetus for additional business
development.
Davis Boulevard Streetscape Project
This project is being implemented with the anticipation of funding through the TxDOT
Landscape Cost Sharing Program which allows for a 50/50 match of the City's cash
and in -kind contributions. The approved Capital Improvement Program includes
funding for the City's matching share for this project which allows for design and
construction of streetscape and landscape improvements along Davis Boulevard
between Maplewood Avenue and Emerald Hills Way.
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS �
•
The Davis Boulevard Streetscape Master Plan will guide improvements over the next
• several years as funding becomes available. The first phase of the project is expected to
include landscape improvements at all four corners at Maplewood and Emerald Hills Way
as well as landscape improvements at Lola and Harwood.
According to the TxDOT submission guidelines, the City must prepare an application in
order to secure funding from the State for the project. The City's consultant, Schrickel,
Rollins and Associates, has completed the Master Development Concept Plan and are
nearing completion of the application. If funding for the first phase is not awarded through
TxDOT this fiscal year, the project will automatically be considered by TxDOT for the
2008/09 fiscal year.
"Keep NRH Beautiful" Governor's Achievement Award Project
This project, initiated by the Neighborhood Services Department and the Keep NRH
Beautiful Commission, is in addition to and complements the Davis Boulevard Streetscape
Project and is entirely funded through TxDOT. Although TxDOT guidelines require this
project to be bid and constructed by TxDOT, staff prepared the design and TxDOT is
nearing completion of the construction documents.
Note: TxDOT has placed all landscape and many road projects on hold for bidding as they
resolve their overall statewide funding situation. TxDOT has confirmed that funding for the
project will not be withdrawn. However, project delays are expected to continue.
A PowerPoint presentation detailing current information about both projects will be made
outlining the following:
• An overview of the project goals and grant funding guidelines
• Presentation of the Master Concept Development Plans
• Review of proposed hardscape and plant material selections
• Analysis of the funding potential towards completing the Master Plans
We will be prepared to respond to questions that the Mayor and Council have regarding
the projects.
Respectfully Submitted,
Vickie Loftice
Director of Parks and Recreation
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008 -058
!,
Date: May 27, 2008
s! Subject: Status Report on Capital Improvement Projects
Currently, there are over 100 capital projects included in the Fiscal Year 2007 -2008
Capital Projects Budget. Departmental personnel responsible for these projects update
information periodically to provide management with an overview consisting of
expenses -to -date versus approved budget, percent complete against project phase
timelines and the current status of the project including any critical issues.
Staff attempts to keep Council informed of the status of capital improvement projects.
On a quarterly basis, staff will select major projects and present an update to Council
at worksession, followed by an opportunity to address Council questions. Eight capital
projects have been selected for this update:
• Calloway Branch Trail
• Liberty Park Lake Phase I & II
• Recreation Center
• Rufe Snow Drive Street & Utility Improvements (Mid- Cities to Hightower)
• Signalization
• Davis Boulevard @ Bursey Road
• Mid - Cities Boulevard @ Winter Park
• Precinct Line Road @ Amundson Drive
• Precinct Line Road @ Rumfield Road
The presentation will focus on the project expenses, timeline and highlight any
changes and /or adjustments that have occurred since Council was last briefed on
these projects.
Respectfully Submitted,
Mark C. Mills
Budget Director
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS �
is
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008 -056
Date: May 27, 2008
y,4 Subject: Update on Sustainable Development Planning Effort
In the 2006 -07 adopted budget City Council approved $85,000 in capital funds for
developing a sustainable development strategy and ordinance to begin the process
in creating a transit oriented mixed use district around the two future commuter rail
station sites (Iron Horse and Smithfield).
This item is being brought to City Council during the May 27, 2008 Work Session in
an effort to get direction from Council on the general scope of services. Because of
its importance to the community there will also be several public meetings including a
design workshop (or charrette) conducted over the next several months. It is also
important that the new code be integrated into the existing zoning code and city
ordinances. We also wanted to make Council aware of these proposed upcoming
public meetings.
North Richland Hills has been at the forefront of sustainable development planning
with the inception of the Home Town plan in 1998. In addition ongoing efforts have
also been made by City Council and staff through the 2004 Regional Rail Corridor
Study that identified two future rail stations in North Richland Hills; the 2006 North
Central Texas Council of Governments sustainable planning grant; the 2007 SE to
NE Rail Corridor Study that has further refined rail station planning efforts and the
recent November 12, 2007 Comprehensive Plan Update that identified mixed use
planning districts around Iron Horse and Smithfield rail station areas.
We are prepared to seek proposals from outside consultants for creating a new
mixed use sustainable development plan and ordinance for the Iron Horse and
Smithfield areas and would also like to include as part of the scope a review of our
1998 Town Center ordinance.
Recommendations for Scope of Services for the Sustainable Development
Ordinance include the following:
I. Review of existing Town Center (Home Town) Code — The city has a 1998
version of the new urbanism form based codes. We believe it is
necessary to review the existing code with consultant recommendations
for updated urban codes that would be compatible with a new code
adoption for the Iron Horse and Smithfield mixed use districts.
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS �
0 11. Review Iron Horse and Smithfield previous planning efforts.
III. Creation of Website link to provide public access during adoption of new
code.
IV. Public Design Process — recommending public workshops or design
charrettes for Iron Horse and Smithfield areas.
V. Create Regulating Plans and Building Form Standards for the Iron Horse and
Smithfield areas.
VI. Integrate new code into existing regulatory framework
VII. Refine new code with first and second drafts presented to city staff and
boards and committees.
VIII. Final Public Hearing Process — formal public hearings before Planning &
Zoning Commission and City Council
Following City Council consensus and direction, it is proposed that staff then seek
professional proposals. It is anticipate contracting with consulting firm(s) over the next
couple of months and complete the new mixed use code update for Iron Horse and
Smithfield by April, 2009. This deadline would also coincide with the 2009 Council of
Governments call for sustainable development projects. If the City of North Richland
Hills has adopted new sustainable development codes at the time of the "call for
projects" in May, 2009 the City of North Richland Hills will be eligible to apply for grants
that could be used for land banking and public infrastructure.
Staff is Seeking City Council Consensus and Direction on Primary Scope of
Services for new sustainable development ordinance.
Respectfully Submitted,
John Pitstick
Director of Planning & Development
•
Request for Qualifications (RFQ)
For Consultants to Review an existing Form Based Code and Prepare
a new Code for Mixed Use Transit Oriented Development around two
future commuter rail station sites (Iron Horse and Smithfield)
for the City of North Richland Hills, Texas
SCOPE OF SERVICES:
PRIMARY WORK PRODUCT: This contract will result in the review of our existing
Town Center Code and will include the development of a new zoning code, meant to
complement and /or supersede the present zoning ordinance and other local land
development regulations that apply to development around the future Iron Horse and
Smithfield rail stations. (See attached location map.)
1. INITIAL REVIEW AND ANALYSIS
a. Review of existing NRH Town Center Code. The Consultant will be
responsible for reviewing the existing North Richland Hills Town Center
Code (created in 1998 by Duany Plater - Zyberk & Company) and make
recommendations for including current, up to date code revisions
applicable for NRH Home Town and the Iron Horse and Smithfield Transit
Oriented Mixed Use Districts.
•
b. Interviews. The Consultant will interview appropriate stakeholders
involved with the project. These interviews will include groups and
individuals including elected officials, nonprofit organization leaders,
property owners, neighborhood representatives, local design
professionals, developers, business organizations, and municipal staff.
c. Site Analysis. The Consultant will become familiar with the physical
details of the Iron Horse and Smithfield areas and the historic patterns of
urbanism and architecture in the surrounding region.
d. Website. The Consultant will provide information for the City of North
Richland Hills' website. As officials deem appropriate, the Consultant will
provide materials including text, photographs, maps, renderings, and other
images for the web site. This material will describe the Consultant's
credentials and help explain the project's process.
2. PUBLIC DESIGN PROCESS
a. Generate necessary background maps. The City of North Richland
Hills will provide all necessary base map information as needed by the
Consultant. These documents will be used to produce the maps that will
be used during the preparation of the new code.
b. Public Workshop and /or Design Charrette. The Consultant will
organize and lead design workshops or a planning charrette for each of
the two transit - oriented development areas (Iron Horse and Smithfield) to
engage the community, gather ideas and goals, and formulate
implementation strategies. The Consultant will tailor the workshop or
charrette to obtain maximum community input so as to produce the best
possible master plan on which to base the new code. The charrette format
will also take into consideration the findings of the initial site analysis, input
from staff, and information obtained at previous meetings, workshops, and
interviews. While the end result will be new land development regulations,
the public process will include discussions of alternatives for street design,
street connectivity, and town planning strategies that create vital town
centers, corridors, and livable neighborhoods. At the conclusion of the
workshop(s), the Consultant will present the work generated to -date.
Plans, renderings, and initial coding ideas that reflect ideas articulated in
the workshops will be publicly presented and further feedback solicited
from the community.
3. DRAFTING THE CODE
a. Design Parameters for the new Code. The new code will regulate
development to ensure high - quality public spaces defined by a variety of
•
building types and uses including housing, retail, and office space. The
new code will incorporate separate regulating plans for the Iron Horse and
Smithfield areas, building form standards, street standards (plan and
section), use regulations as needed, descriptive building or lot types and
other elements needed to implement the principles of functional and vital
urbanism and practical management of growth. Sections of this document
would typically include the following and be unique to the Iron Horse and
Smithfield planning areas:
• Overview, including definitions, principles, and intent; and
explanation of the regulations and process in clear user - friendly
language.
• Regulating Plan Ian (a schematic representation of the master plan)
illustrating the location of streets, blocks, public spaces (such as
greens, squares, and parks), and other special features.
Regulating plans may also include aspects of Building Form
Standards such as "build -to- lines" or "required building lines" and
building type or form designations.
• Building Form Standards governing basic building form,
placement, and fundamental urban elements to ensure that all
buildings complement neighboring structures and the street.
These standards should be based upon study of building types
appropriate for the region, climate, and neighborhood vitality.
• Public Space /Street Standards defining design attributes and
geometries that balance the needs of motorists, pedestrians,
bicyclists, and transit riders while promoting a vital public realm.
These standards should include design specifications for
sidewalks, travel lane widths, parking, curb geometry, trees, and
lighting.
b. Integration of the new Code. The new code must be integrated into the
City of North Richland Hills existing regulatory framework (zoning and land
development regulations) in a manner that insures procedural
consistency, meshes with state and local legal requirements, provides
clarity as to applicability of existing regulations, and maximizes the
effectiveness of the code.
4. REFINING THE CODE.
a. Presentation of First Draft. The Consultant will present the first draft of
the new code for the purpose of gathering comments from City Staff and
City Officials. Copies of the first draft will need to be in hardcopy and
digital form. The presentation may be presented before a joint gathering of
municipal boards and committees, as determined by the City of North
• Richland Hills.
b. Presentation of the Second Draft. After making revisions in response to
comments on the first draft, the Consultant will present the second draft of
the proposed code at a public meeting convened by the City of North
Richland Hills.
5. APPROVAL PROCESS
a. Public Hearing Presentations. The consultant will make formal public
hearing presentations to the Planning & Zoning Commission and the City
Council.
b. Additional Revisions. The Consultant will be responsible for one round
of revisions that may become necessary between presentations. City staff
will be responsible for collecting comments, questions, and suggestions
for these refinements from various sources and consolidating them into a
series of action items for revision or responses.
•
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008 -063
r,
Date: May 27, 2008
Subject: Vision North Texas
4 '
Vision North Texas is a private - public partnership created by the Urban Land Institute's
North Texas District Council, the North Central Texas Council of Governments, and the
University of Texas at Arlington. It began by engaging civic leaders throughout North
Texas in examining the current regional development patterns. During various
workshop discussions, alternative scenarios were developed that offered North Texans
better choices for quality of life, economic vitality, and public investment. Vision North
Texas is now building on these scenarios and creating a shared vision for the region's
future. Instead of just focusing on individual cities and counties the objective is to plan
a preferred pattern of growth for the entire 16- county region. This regional approach
will also provide a coordinated and comprehensive method to plan for transportation,
water and wastewater facilities, open space networks, and other systems that support
the region. Vision North Texas will provide decision - makers new ways to support
sustainable growth and contribute to the vitality of North Texas.
Vision North Texas is guided by two committees, the Advisory Committee and the
Management Committee. The Advisory Committee is made up of community and
business leaders and the Management Committee is comprised of primarily Planning
Directors and City Planners. These two committees are set up to reflect the diverse
interests of the entire 16- county region.
Vision North Texas is funded by contributions from area cities and counties,
sponsorships from private sector businesses and non - profit organizations, grants and
in -kind assistance. The North Central Texas Council of Governments provides
administrative support through its Center of Development Excellence. The annual cost
for the City of North Richland Hills to join would be $4,300, which is based on the City's
current population.
Staff believes that Vision North Texas is a worth while organization for the City to join.
Even though much of the planning efforts will focus on the undeveloped areas outside
of North Richland Hills, it would allow the City to continue to maintain its local and
regional leadership role.
ISSUED BY THE CITY MANAGER
•
NORTH RICHLAND HILLS, TEXAS �
Vision North Texas will require time from City staff and possibly time from the Mayor
• and /or Council members (depending on the level of participation in the Advisory
Committee).
Since Vision North Texas will require a financial commitment from the City and a time
commitment from City staff and possibly the Mayor and /or Council members, staff is
seeking direction from Council on whether or not to participate in this organization.
We will provide a short presentation during the May 27, 2008 Work Session and be
available to answer questions.
Respectfully,
Mike Curtis
Public Works Director
�J
•
Department: City Secretary
Presented by:
Subject: Adjournment
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 5 -27 -2008
Agenda No. A.8
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
Tuesday, May 27, 2008
7:00 P.M.
A.0 Call to Order - Mayor Trevino
A.1 Invocation - Councilwoman Compton
A.2 Pledge - Councilwoman Compton
A.3 Special Presentation(s) and Recognition(s) - IR 2008 -061 Teen Court
Scholarship presented by Mayor Pro Tern Turnage
A.4 Special Presentation(s) and Recognition(s) - Keep NRH Beautiful Yard of the
Month Awards presented by Councilman Whitson
A.5 Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Council or 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.6 Removal of Item(s) from Consent Agenda
B.0 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 May 13, 2008 City Council Meeting
C.0 PUBLIC HEARINGS
No items for this category.
D.0 PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
is
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D.1 FP 2008 -02 Consideration of a Request from Cornerstone Construction and
Remodeling, LLC to Approve a Final Plat of Lot 18, Block 2, Meadowview
Estates Addition (located at 7525 Kirk Road - 0.921 acres).
E.0 PUBLIC WORKS
E.1 PW 2008 -012 Approve Engineering Agreement with Freese and Nichols, Inc. for
Amundson Elevated Tank Rehabilitation Project in the Amount not to Exceed
$78,500 - Resolution No. 2008 -027
F.0 GENERAL ITEMS
F.1 GN 2008 -040 Youth Advisory Committee End of Year Report
F.2 GN 2008 -041 Approval of New Committee Members to the Youth Advisory
Committee
F.3 GN 2008 -042 Participation in Tarrant County's CDBG Program - Resolution No.
?nnR -n:3n
F.4 GN 2008 -043 Participation in Tarrant County's HOME Investment Partnership
Program - Resolution No. 2008 -031
F.5 GN 2008 -044 Approve an Ordinance Regulating Secondary Metal Recyclers -
Ordinance No. 2995
F.6 GN 2008 -045 Appointment to Teen Court Advisory Board - Place 1
G.0 EXECUTIVE SESSION ITEMS
No items for this category.
H.0 INFORMATION AND REPORTS
H.1 IR 2008 -066 High Speed Rail Initiative
H.2 Announcements - Councilman Barth
H.3 Adiournment
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 5 -27 -2008
Presented by: Agenda No. A.0
Subject: Call to Order - Mayor Trevino
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 5 -27 -2008
Presented by: Agenda No. A.1
Subject: Invocation - Councilwoman Compton
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 5 -27 -2008
Presented by: Agenda No. A.2
Subject: Pledge - Councilwoman Compton
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 5 -27 -2008
Presented by: Ron Moore /Mayor Pro Tern Scott Turnage Agenda No. A.3
Subject: Special Presentation(s) and Recognition(s) - IR 2008 -061 Teen Court
Scholarship presented by Mayor Pro Tern Turnage
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INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008 -061
A
' Date: May 27, 2008
Subject: Teen Court Scholarship
The North Richland Hills Teen Court was established in 1989 as an alternative means
for teens to satisfy court fines by working community service hours. The program
utilizes about 13 adult volunteers and 22 teen volunteers.
The Teen Court Scholarship program was implemented in 1999 to show appreciation
to teens volunteering their time with the North Richland Hills Teen Court. Scholarship
selection is based on years of service in Teen Court, Program Attendance, Interview,
Professionalism, and a 500 -750 word essay.
Our scholarship recipient is being awarded a $1,000 scholarship to the chosen
technical school, college, or university of their choice.
Heather Hollingsworth, Teen Court Coordinator along with Teen Court Advisory Board
Member, Ron Moore, will be at the Council meeting to present the 2007/2008 Teen
Court Scholarship to the following student:
Hannah Bullington has been a Teen Court Volunteer Attorney since
September 2006 and has provided over 100 community service hours
through the program. Hannah is a Richland High School graduate and
plans to attend Texas Tech University majoring in Pre - Dentistry.
The Teen Court Advisory Board would like to thank the City Council for their continued
support of this valuable program that encourages teen participation in community
service.
Respectfully Submitted,
Heather Hollingsworth
Teen Court Coordinator
�� ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS
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CITY OF
NORTH RICHLAND HILLS
Department: Neighborhood Services Council Meeting Date: 5 -27 -2008
Presented by: Kathy Luppy /Council David Whitson Agenda No. A.4
Subject: Special Presentation(s) and Recognition(s) - Keep NRH Beautiful Yard of the
Month Awards presented by Councilman Whitson
AREA 1 Curtis & Betty Cheek, 6600 Briley
AREA 2 Mike and Mary Witt, 6728 Victoria Ave.
AREA 3 Ronnie & Dee Sanders, 4717 Hillside Dr.
AREA 4 Roxanne Robinson, 5501 Scott Dr.
AREA 5 Lynn Godwin, 8000 Irish Drive
AREA 6 Mike Arnold, 7612 Hightower
AREA 7 Dan Piazza, 9129 Nob Hill Drive
AREA 8 Jim & Cynthia Meyers, 7720 Tamarron Ct.
AREA 9 Ken & Dorothy Wilkowski, 8501 Castle Creek Road
Business Landscape Winner Diamond Ridge Apartments, 6547 Glenview Drive
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 5 -27 -2008
Presented by: Agenda No. A.5
Subject: Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Council or another City Board or Commission at
a later date. In order to address the Council, please complete a Public Meeting
Appearance Card and present it to the City Secretary prior to the start of the Council
meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any
subject which is not on the posted agenda, therefore the Council will not be able to
discuss or take action on items brought up during the citizens presentation.
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Subject: Removal of Items) from Consent Agenda
Council Meeting Date: 5 -27 -2008
Agenda No. A.6
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 5 -27 -2008
Presented by: Agenda No. B.0
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 Council Meeting Date: 5 -27 -2008
Presented by: Agenda No. B.1
Subject: Approval of Minutes of May 13, 2008 City Council Meeting
Recommendation:
To approve the minutes of the May 13, 2008 City Council Meeting.
is
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 — MAY 13, 2008
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
13th day of May 2008 at 5:45 p.m. in the Council Work Room prior to the 7:00 p.m.
regular Council meeting.
Present: Oscar Trevino
Mayor
Suzy Compton
Mayor Pro Tem, Council Place 3
John Lewis
Council, Place 1
Ken Sapp
Council, Place 2
Tim Barth
Council, Place 4
David Whitson
Council, Place 5
Scott Turnage
Council, Place 6
Tim Welch
Council, Place 7
Staff Members: Larry J. Cunningham
City Manager
Jared Miller
Assistant City Manager
Karen Bostic
Managing Director
Patricia Hutson
City Secretary
Monica Solko
Assistant City Secretary
George Staples
City Attorney
Mary Peters
Public Information Officer
Elizabeth Reining
Assistant to City Manager
John Pitstick
Director of Planning & Development
Larry Koonce
Finance Director
Mike Curtis
Public Works Director
Jimmy Perdue
Police Chief
Kirk Marcum
Assistant Fire Chief
Greg VanNeiuwenhuize
Public Works Assistant Director
Dave Pendley
Building Official
Eric Wilhite
Chief Planner
Chris Amarante
Construction Manager
Jamie Brockway
Purchasing Manager
Call to Ordp -r
Mayor Trevino called the work session to order at 5:45 p.m.
A.1 Discuss Items from Regular City Council Meeting
0 None.
Mike Curtis, Public Works Director introduced Brad Boganwright, Public Works
Management Assistant.
A.2 IR 2008 -054 Neighborhood Garage Sale Permits
Elizabeth Reining, Assistant to the City Manager presented a PowerPoint presentation
outlining new language and fees for Neighborhood Garage Sale Permits. Highlights
include:
Proposed Language:
"A recognized homeowners' association or organized neighborhood group may conduct
one neighborhood garage sale per calendar year, with no sale period extending for
more than two consecutive calendar days. If no homeowners' association exists, the
applicant must show that 50% of residents within a contiguous ten acre area will
participate in the event. Participation in a neighborhood garage sale will not affect an
individual property owner's right to his allowed garage sales."
Ordinance Language:
• Flexibility to regulate sales in neighborhoods with and without HOA's
• Limits size to truly create something for neighborhoods
• Maintain neighborhood event status by limiting sales days
• Not restrict someone not active in neighborhood organizations
IsPermit FPP-
• Fifty dollars ($50)
• Not deter participation from neighborhood groups
• Cover permitting fees
Garage Sale Regulations:
• Currently, regulations are part of the Zoning Ordinance
— Changes require a public hearing by the Planning and Zoning Commission
• Could move the regulations to the business chapter
• Make changes to regulations easier
• Reduce maximum fine from $2,000 to $500
The consensus of Council was to move forward with the Garage Sale Regulations to
place in the Business Chapter of the Code of Ordinances, reduce the fee to $30,
change wording from "a contiguous ten acre area" to "contiguous area ", and bring back
to Council for final approval at the June 23rd meeting.
A.3 IR 2008 -053 TCEQ Sanitary Sewer Overflow (SSO) Out Reach Initiative
Mike Curtis, Public Works Director presented a PowerPoint presentation. The Texas
Commission on Environmental Quality (TCEQ) is currently contacting cities and
wastewater collection system owners throughout Texas to invite them to participate in a
is new voluntary action program called the Sanitary Sewer Overflow (SSO) Outreach
Initiative as an alternative to enforcement action due to SSO's. The SSO Outreach
Initiative was created because of an increase in sanitary sewer overflows (SSOs)
across the state due to aging collection systems and because corrective action is
sometimes delayed by some collection system owners and operators. In its initial
phase, several cities that had a five year documented history of recurring sewer
overflows were contacted. The TCEQ contacted those cities with the most SSO
violations last year (2006- 2007). Each city contacted has been provided a history of
their own SSO violations over the past five years and informed that they were being
considered as a candidate for this new voluntary program. The City of North Richland
Hills was just recently contacted by the TCEQ and informed that North Richland Hills
had 46 documented SSO's during the past five years.
The elements of the voluntary program are as follows:
• If a city decides to participate, it is asked to prepare and submit an initial outline
of a Corrective Action Plan for implementing collection system improvements.
• The plan will need to be tied to scheduled milestones and a funding program.
• The objective of the plan is to reduce the number of future SSOs.
• An initial step in implementing the plan for corrective action is for the city to
identify, and TCEQ to approve, the final Corrective Action Plan within 180 days
after the official notification from the state.
• The plan is reviewed by TCEQ Enforcement, and, if approved, the plan becomes
a long term Agreement between the city and the TCEQ.
TCEQ has stated that any entity accepting the initiative will not receive penalties on its
current and future SSOs provided:
1) no additional SSOs impact human health, safety, or the environment (example,
fish kills); and
2) the corrective action plan schedule is met throughout the term of the Agreement,
which may extend up to ten years.
There are a number of cities considering this initiative. The considerations for the
decision to join or not join will be unique to each city's situation regarding how it
manages its own wastewater collection system and the unique aspects of the collection
system (age, size, etc.). In reaching a decision, the city must weigh the responsibility
and costs to follow through with the commitments made to the TCEQ in the Agreement
against an unknown risk for penalties if the utility chooses to decline participating in the
voluntary SSO Outreach Initiative. In either case, Staff believes that the TCEQ will be
expecting all cities to increase their focus on compliance and enforcement on reducing
SSOs in the future.
After a brief discussion and questions from Council, the consensus was to work with
TCEQ and participate in the program and to proceed with preparing a plan for council
approval.
EXECUTIVE SESSION - The City Council may enter into closed Executive Session to
discuss the following as authorized by Chapter 551, Texas Government Code
B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to
discuss the purchase, exchange or value of real property necessitated by
Loop 820 widening project
Mayor Trevino announced at 6:20 p.m. that the Council would adjourn to Executive
Session pursuant to the provisions of Section 551.072, Texas Government Code to
discuss the purchase, exchange or value of real property necessitated by the Loop 820
widening project.
C.0 Adjournment
Mayor Trevino announced at 6:49 p.m. that the Council would adjourn to the regular
Council meeting.
REGULAR COUNCIL MEETING
A.0
CALL TO ORDER
Mayor Trevino called the meeting to order April 28, 2008 at 7:03 p.m.
ROLL CALL
Present: Oscar Trevino
Suzy Compton
John Lewis
Ken Sapp
Tim Barth
David Whitson
Scott Turnage
Tim Welch
Staff:
Larry J. Cunningham
Patricia Hutson
Monica Solko
George Staples
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
City Manager
City Secretary
Assistant City Secretary
Attorney
• A.1
INVOCATION
Councilman Turnage gave the invocation.
A.2
PLEDGE OF ALLEGIANCE
Councilman Turnage led the pledge of allegiance.
A.3
GN 2008 -036 OATH OF OFFICE
Patricia Hutson, City Secretary presented the item. The candidates for the May 10,
2008 General Election were unopposed and in accordance with State Law were
declared elected to office by Council at the March 24 council meeting. The newly
elected officials were required by the Election law to wait until May 13 to take their oath
of office.
Mayor Trevino called for Place 2 Ken Sapp to come forward for his oath of office.
iJerry Eckart administered the oath of office to Ken Sapp.
Mayor Trevino called for Place 4 Tim Barth to come forward for his oath of office.
Dylan Barth administered the oath of office to Tim Barth.
Mayor Trevino called for Place 6 Scott Turnage to come forward for his oath of office.
Judge Ray Oujesky administered the oath of office to Scott Turnage.
Mayor Trevino stepped down from the Council dais to take his oath of office.
Vanessa Trevino administered the oath of office to Oscar Trevino.
RECESS AND BACK TO ORDER
Mayor Trevino recessed the meeting at 7:23 p.m. and called the meeting back to order
at 7:34 p.m. with all members present as recorded.
A.4
SPECIAL PRESENTATION(S) AND RECOGNITION(S)
iNo items for this category
None.
None.
A.5
CITIZENS PRESENTATION
A.6
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
B.0
APPROVAL OF CONSENT AGENDA ITEMS
nppRnvFn
B.1 APPROVAL OF MINUTES OF APRIL 28, 2008 CITY COUNCIL MEETING
B.2 PU 2008 -013 RENEW ANNUAL CONTRACT FOR TOPSOIL, SAND AND
• FLEX BASE WITH HJG TRUCKING COMPANY
COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
No Items for this category
PUBLIC HEARINGS
C.0
PLANNING & DEVELOPMENT
D.1
Items to follow do not require a public hearing.
No Items for this category
9 PUBLIC WORKS
E.1
1 PW 2008 -014 APPROVE A RESOLUTION SUPPORTING A MUNICIPAL SETTING
DESIGNATION (MSD) APPLICATION TO THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY FOR PROPERTY LOCATED AT 3709 EAST FIRST
STREET, FORT WORTH, TEXAS - RESOLUTION NO. 2008 -025
APPROVED
Mike Curtis, Director of Public Works presented the item. In 2003, the 78th Texas
Legislature passed a Municipal Setting Designations (MSD) law that related to potable
groundwater and the requirement for removing contaminants from groundwater. The
law authorized the Texas Commission on Environmental Quality (TCEQ) to receive,
process, and certify MSD applications for properties within contaminated groundwater.
The goal of this law is to reduce corrective action requirements and associated costs for
clean up of contaminated groundwater that are not used as a potable water supply and
are not likely to be used in the future. Bobby Cox Companies, Inc. is the applicant
seeking TCEQ approval for a MSD for property located at 3709 East First Street, Fort
Worth, Texas. This site has been historically occupied by various commercial
businesses. The City of Fort Worth passed an ordinance on February 19, 2008
prohibiting the use of groundwater for potable purposes for this property. The
application for the MSD will need to include resolutions from cities located within a 5-
mile radius of the MSD property indicating support. The City has the choice to either
support or not support the MSD application. Staff has reviewed the technical aspects of
the application and recommends support of the resolution.
MAYOR PRO TEM COMPTON MOVED TO APPROVE RESOLUTION NO. 2008-025. COUNCILMAN
BARTH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
GENERAL ITEMS
F.1
GN 2008 -037 AUTHORIZE CONTINUED PARTICIPATION WITH THE STEERING
COMMITTEE OF CITIES SERVED BY ONCOR AND AUTHORIZE THE PAYMENT OF
10 CENTS PER CAPITA TO THE STEERING COMMITTEE TO FUND REGULATORY
AND RELATED ACTIVITIES RELATED TO ONCOR ELECTRIC DELIVERY -
RESOLUTION NO. 2008 -029
APPROVED
Karen Bostic, Managing Director presented the item. The City of North Richland Hills is
a member of a 109 member city coalition known as the Steering Committee of Cities
Served by Oncor. Municipalities have original jurisdiction over the electric transmission
and distribution rates and services within the city. The Steering Committee, in existence
since the late 1980s, undertakes activities on behalf of municipalities. The Committee
took on a formal structure in the early 1990s when cities served by TXU (since renamed
as Oncor Electric Delivery Company) gave up their statutory right to rate case expense
reimbursement in exchange for higher franchise fee payments. Empowered by city
resolutions and funded by per capita assessments, the Steering Committee has been
the primary public interest advocate before the Public Utility Commission, the Courts,
and the Legislature on electric utility regulation matters for nearly two decades.
The Steering Committee is actively involved in rate cases, appeals, rulemakings, and
legislative efforts impacting the rates charged by Oncor Electric Delivery within the City.
Steering Committee representation is also strong at ERCOT. It is possible that
additional efforts will be necessary on new issues that arise during the year, and it is
important that the Steering Committee be able to fund its participation on behalf of its
member cities. A per capita assessment has historically been used, and is a fair
method for the members to bear the burdens associated with the benefits received from
that membership. Approval of Resolution No. 2008 -029 will authorize North Richland
Hills to continue participating in the Steering Committee as well as authorize the
payment of the 10 cents per capita assessment totaling $6,405 to fund regulatory and
related activities related to Oncor Electric Delivery.
COUNCILMAN SAPP MOVED TO APPROVE GN 2008 -037; RESOLUTION NO. 2008 -029.
COUNCILMAN WELCH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
• F.2
GN 2008 -038 UPDATING PERMIT FEES FOR GAS SEISMIC SURVEYS AND RIGHT-
OF -WAY USE FEES FOR GAS PIPELINES - ORDINANCE NO. 2993
APPROVED
John Pitstick, Director of Planning and Development presented the item. Significant
changes continue to occur in the technology of gas drilling and pipeline activity in the
Barnett Shale. The City is receiving several requests for new gas pipelines within and
through our community to connect gas wells to markets. As a result, staff is proposing
updating fees for seismic survey permits and fees for right -of -way use agreements for
gas pipelines.
Recommended Changes:
• Single permit fee of $2,500 for seismic testing.
• Annual right -of -way use fee of $2.25 per foot per year in order to stay current
with market values.
• Pipeline owner pays up front a one time payment for the term length of the
license agreement (20 years). This fee would equate to a one time $45 (20 yrs.
X $2.25) per linear foot fee effective for 20 years. Also includes a Dallas -Fort
Worth Consumer Price Index annual adjustment for any new pipeline right -of -way
use fees that occur in successive years.
•
COUNCILMAN WHITSON MOVED TO APPROVE GN 2008 -038! ORDINANCE NO. 2993.
sCOUNCILMAN TURNAGE SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
F.3
GN 2008 -039 ELECTION OF MAYOR PRO TEM
APPROVED
Patricia Hutson, City Secretary presented the item. The Charter states that the Mayor
Pro Tern shall be selected from the seven council members at the first regular meeting
following the City's general election. The regular meeting for May 12 was rescheduled
to May 13 for the oaths of office to be administered within the statutory timeframe. The
next regular meeting, May 26, has also been rescheduled because of the Memorial Day
holiday. Since the May 13 meeting is essentially a regular meeting, it is recommended
that Council proceed with electing a Mayor Pro Tern at this Council meeting.
MAYOR PRO TEM COMPTON MOVED TO NOMINATE COUNCILMAN TURNAGE AS MAYOR PRO
TEM.. COUNCILMAN WHITSON MOVED TO CEASE NOMINATIONS.
Mayor Trevino closed nominations and called for the vote.
MOTION TO APPROVE CARRIED 7 -0.
G.1
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK
SESSION AGENDA
None.
INFORMATION AND REPORTS
H.1
ANNOUNCEMENTS - COUNCILMAN SAPP
Councilman Sapp made the following announcements.
NRH2O opens for the 2008 season on Saturday, May 17. Visit nrh2o.com for a
complete park schedule and details on all of the exciting special events planned for the
summer including fireworks, Dive -In Movies, and more! For more information, you can
also call 817 - 427 -6500.
Bring your four - legged friends out for a day of fun at Fido Fest on Saturday, May 17.
a Fido Fest will be held from 10:00 a.m. to 12:00 p.m. at Tipps Canine Hollow Dog Park.
This event will feature entertainment, give -a -ways, vendor booths and contests.
Donations will be accepted for future dog park improvements. For more information,
please call 817 - 427 -6620.
City offices will be closed on Monday, May 26th, for the Memorial Day Holiday. Garbage
and recycling service will not be affected. The May 26th City Council meeting has been
rescheduled for Tuesday, May 27th so it does not conflict with the holiday.
Kudos Korner - Staff, Animal Adoption & Rescue Center. An email was received from a
man who recently adopted a dog from the center. The man said he had been to several
shelters in the area and North Richland Hills' facility was definitely the best. The
employees were friendly and knowledgeable and the atmosphere very pleasant. He
adopted the dog because he liked it, but also because he felt comfortable adopting from
such a caring environment. He was so impressed, he will send everyone he knows to
the NRH Animal Adoption & Rescue Center.
H.2
ADJOURNMENT
Mayor Trevino adjourned the meeting at 7:52 p.m.
•
ATTEST:
Patricia Hutson, City Secretary
•
Oscar Trevino — Mayor
•
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•
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Subject: PUBLIC HEARINGS
No items for this category.
Council Meeting Date: 5 -27 -2008
Agenda No. C.0
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 5 -27 -2008
Presented by: Agenda No. D.0
Subject: PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
•
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development Council Meeting Date: 5 -27 -2008
Presented by: Eric Wilhite Agenda No. D.1
Subject: FP 2008 -02 Consideration of a Request from Cornerstone Construction and
Remodeling, LLC to Approve a Final Plat of Lot 18, Block 2, Meadowview Estates
Addition (located at 7525 Kirk Road - 0.921 acres).
Case Summary: The owner of the property is proposing to replat this 0.921 acre lot for
the purpose of constructing a new single family residential structure. The existing wood
framed house that is currently on the property will be removed and a new house will be
constructed in its place. An off site drainage easement was required for this
development. Some of the "total review time" (approximately three weeks) for the plat
reflects the time required to obtain the needed signatures from the adjacent property
owners for the off site drainage easement. City staff assisted the applicant in securing
the easement.
Current Zoning: R -1 (single - family residential)
Thoroughfare Plan: The lot has frontage on Kirk Road, a 2 -lane, undivided,
Residential Street (R2U) with 50 feet of Right -Of -Way. Approximatly nine feet of right of
way is being dedicated by this plat.
Comprehensive Plan: The Comprehensive Plan depicts low density residential uses
for this area. The lot proposed by this plat is consistent with the plan.
Staff Review /Rough Proportionality Determination: The Development Review
Committee has reviewed the plat and has determined that it complies with both the
Zoning and Subdivision Ordinances. The city's engineer has determined that based on
the improvements indicated on the public infrastructure construction plans this
subdivision will require no additional paving, water, sanitary sewer, or drainage facilities.
Dedication of additional right of way and Rough Proportionality in the amount of
$2830.52 for curb /gutter and sidewalks is required.
Planning & Zoning Commission Recommendation: Approval of request by a vote of
5 -0.
Staff Recommendation: To hold the recommendation of Planning & Zoning
Commission and Approve replat FP 2008 -02.
Review Schedule:
Application: 2/25/2008 Applicant Revision Time: 9 weeks
Final Hearing: 5/23/2008 Total Review Time: 13 weeks
Staff Review Time: 4 weeks
•
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EXCERPT FROM THE MINUTES OF THE MAY 15, 2008
PLANNING AND ZONING COMMISSION MEETING
FP 2008 -02
Consideration of a Request from Cornerstone Construction and Remodeling, LLC
to Approve a Final Plat of Lot 18, Block 2, Meadowview Estates Addition (Located
at 7525 Kirk Road — 0.921 acres).
Eldon Thames, 135 Sheffield Drive, Fort Worth, TX 76134 with Area Surveying
company came forward representing the applicant. The applicant is requesting a final
plat in order to build a new single family home. There was a drainage easement that
had to be added on the next door neighbors section in order to be recorded.
Chairman Shiflet asked if this was a replat for single family?
Mr. Thames said yes.
Eric Wilhite came forward and said that this is a final plat for a piece of property that is
located on Kirk Road. It is .921 acres. It is zoned R -1 and there is an existing wood
frame single family structure on the property. They do intend to remove the existing
home and construct a new single family residence that will meet the R -1 standards.
The subdivision plat does meet all rules and regulations and has been reviewed by
DRC. There is a rough proportionality determination by the city engineer in the amount
of about $2830. It is our understanding that the applicant will put that money into an
escrow for a future road and curb and gutter improvements along that portion of Kirk
Road.
APPROVED
Bill Schopper, seconded by Steven Cooper, motioned to approve FP 2008 -02. The
motion was carried unanimously (5 -0).
•
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•
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Department: City Secretary
Presented by:
Subject: PUBLIC WORKS
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 5 -27 -2008
Agenda No. E.0
CITY OF
NORTH RICHLAND HILLS
Department: Public Works Council Meeting Date: 5 -27 -2008
Presented by: Mike Curtis Agenda No. E.1
Subject: PW 2008 -012 Approve Engineering Agreement with Freese and Nichols, Inc.
for Amundson Elevated Tank Rehabilitation Project in the Amount not to Exceed
$781500 - Resolution No. 2008 -027
Council is being asked to approve an engineering agreement for the design of various
improvements needed at the Amundson Elevated Storage Tank. The total rehabilitation
project will consist of making internal structural repairs and refurbishing the interior and
exterior portions of the 1.5 million gallon water storage tank located just off of
Amundson Road.
During recent inspections, State Inspectors and city staff noticed that some of the
internal (minor) structural components and the paint were deteriorating and in need of
repair. Typically, paint coatings on an elevated storage tank will last approximately 15
years. The Amundson Elevated Storage Tank was constructed approximately 17 years
ago and is now in need of some repairs. After the completion of this project the tank will
be in compliance with all state regulations.
The City's policy was used in the procurement of professional services in selecting a
design firm for the project. Requests for qualifications were mailed to approximately 20
engineering firms. Five firms submitted qualifications for consideration. A review
committee consisting of the Director of Public Works, Director of Economic
Development, and Purchasing Manager reviewed the qualifications. The firms were
ranked based on their experience in successfully performing similar projects, design
team experience, and the engineering firm's history in meeting schedules and providing
high quality work. Because this type of work is specialized, five engineering firms
submitted qualifications for review. The five firms were ranked as follows:
1. Freese and Nichols, Inc.
2. Kimley — Horn and Associates, Inc.
3. Birkhoff, Hendricks, & Conway L.L.P.
4. Lopez Garcia Group, Inc.
5. Cheatham & Associates
The top three firms were interviewed by the committee. The selection committee
believed Freese and Nichols, Inc. to be the best choice for this project. They
demonstrated that they have the knowledge and experience for designing projects such
as this one. Freese and Nichols' staff have completed numerous water storage tank
refurbishing projects in the Dallas — Fort Worth Metroplex. Recently, they completed
the design work on the Starnes Elevated Water Storage Tank for the City. Their design
0I work has met all expectations and all assignments have been done within the allowable
timeframe.
iThe key components of the engineering agreement are outlined below:
Task 1 — Kickoff Meeting and Preliminary Design Phase $11,200
• Provide City preliminary site plans for the tank.
• Participate in the initial inspection.
Task 2 — Site Survey $4,350
■ Provide design topographic survey.
Task 3 — 50% Plans and Specifications $15,750
■ Provide City with 50% plans and specifications for review.
Task 4 — 90% and Final Construction Plans and Specifications $17,600
• Provide City with 90% plans and specifications.
• Submit plans and specifications to TCEQ for review and comment.
• Finalize construction documents.
Task 5 — Advertisement for Bids $10,800
• Assist with the advertising of the project for bids.
■ Attend and help with bid openings and bid tabulations.
• Prepare documents for execution and verify low bidder qualifications.
Task 6 — Construction Phase $18,800
• Visit the site during the construction process.
• Review compliance to plans and specifications.
• Review shop drawings for compliance.
• Provide City with as -built drawings.
Freese and Nichols, Inc. will perform all six tasks for a total fee of $78,500. Sufficient
funds have been approved in the 2007/08 CIP Budget.
Recommendation:
To approve Engineering Agreement with Freese and Nichols, Inc. for Amundson
Elevated Tank Rehabilitation Project in the Amount not to Exceed $78,500 - Resolution
No. 2008 -027.
•
• RESOLUTION NO. 2008 -027
WHEREAS, the City Council desires to approve the engineering agreement with
Freese and Nichols, Inc. for the Amundson Elevated Tank Rehabilitation
Project and to authorize the City Manager to execute the engineering
agreement with Freese and Nichols, Inc.; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1: That the City Council approves the engineering agreement with Freese
and Nichols, Inc. for the Amundson Elevated Tank Rehabilitation Project
and the City Manager of the City of North Richland Hills is authorized to
execute the contract with Freese and Nichols, Inc. for the Amundson
Elevated Tank Rehabilitation Project for an amount not to exceed
$78,500.00 for the City.
AND IT IS SO RESOLVED.
PASSED AND APPROVED on the 27th day of May, 2008.
•
ATTEST:
Patricia Hutson, City Secretary
CITY OF NORTH RICHLAND HILLS
In
Oscar Trevino, Mayor
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Mike Curtis, P.E., Public Works Director
•
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Presented by:
Subject: GENERAL ITEMS
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 5 -27 -2008
Agenda No. F.0
CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office
Presented by: Elizabeth Reining
Council Meeting Date: 5 -27 -2008
Agenda No. F.1
Subject: GN 2008 -040 Youth Advisory Committee End of Year Report
In accordance with the Youth Advisory Committee's By -Laws, the committee shall
submit a year -end report to the City Council on the status of its activities for the year.
The year -end report of the Youth Advisory Committee (YAC) as submitted by Justin
Durko, Chair of the Youth Advisory Committee, is attached for your review.
Justin Durko will be in attendance to present the report to the City Council and several
members of the YAC are expected to attend as well.
Recommendation:
Accept the Youth Advisory Committee's year -end report to the City Council.
•
•
Report of Youth Advisory Committee 2007 -2008
To City Council of North Richland Hills
The Youth Advisory Committee (YAC) has completed its tenth year of successful
accomplishments. It has worked well as a committee to achieve its goals and
objectives for the 2007 -2008 year.
This year, the Youth Advisory Committee continued to work to become more involved
with our local government. Several city representatives spoke to YAC about various city
functions throughout the year. Mike Curtis and Jimmy Cates talked about different road
projects throughout the City, including North Tarrant Parkway and Davis Boulevard.
Lori Newman talked about city art programs and Hoot `N Howl. Chris Amarante
updated YAC on construction of the new library. Jared Miller talked with YAC about city
management and how he decided to enter local government. Mayor Oscar Trevino
talked with the students about leadership and the importance of regionalism. And,
Chun Mezger ended the year by talking about the Animal Adoption and Rescue Center
and ways the shelter raises money.
YAC members volunteered at Hoot `N Howl and Night of Holiday Magic this fall.
Volunteering at community events has become a tradition for the Youth Advisory
Committee.
The Youth Advisory Committee celebrated its Tenth Anniversary this school year with
cake. Current and possible new members talked about the mission of YAC and what
could be done to further its impact in North Richland Hills.
YAC had planned to host a basketball tournament in April to raise money for the
Community Enrichment Center (CEC). Although the event was scheduled and
prepared for, it had to be cancelled due to competing school events that weekend.
Because of the cancellation of the basketball tournament, next year YAC will shift its
philanthropy focus from raising money to participation. Next fall and spring, YAC will
participate in the Neighborhood Improvement Program helping with small home
improvement projects for our residents in need.
Overall, the Youth Advisory Committee feels that the 2007 -2008 year has been another
great year and looks forward to success in the coming years.
•
CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office
Presented by: Elizabeth Reining
Council Meeting Date: 5 -27 -2008
Agenda No. F.2
Subject: GN 2008 -041 Approval of New Committee Members to the Youth Advisory
Committee
The Youth Advisory Committee (YAC) has 7 members that graduate in May, 2008.
Justin Durko - Richland High School
Bryce Orr - Richland High School
Kenzie Brewer - Birdville High School
Dyar Bentz - Richland High School
Karen Cooper - Richland High School
Hannah Bullington- Richland High School
Katie Thornton - Richland High School
YAC has 5 members that are returning and in good standing. According to the by -laws
currently in effect these members are automatically re- appointed to one -year terms
without Council approval.
Olivia Sandoval - Richland High School -Grade 12
Reed Turnage - Richland High School -Grade 10
Morgan Chaney - Richland High School -Grade 10
Paige Burroughs — Birdville High School -Grade 11
Kristyn Albert — Birdville High School -Grade 11
This leaves 7 vacancies on the 12 member board. In an effort to fill these vacancies,
the following new members are recommended for appointment:
Haley Koontz — Richland High School -Grade 12
Kathryn Juren — Richland High School -Grade 11
Madeline Orr — Richland High School -Grade 10
Garrett Sullivan - Birdville High School -Grade 12
Sarah Hillig — Birdville High School -Grade 11
Zane Harrington — Birdville High School -Grade 10
Nolan Tanner Kitching — Fort Worth Christian -Grade 11
These new appointments are in accordance with the YAC by -laws.
The Youth Advisory Committee also received an application for an Active Group
Representative. An Active Group Representative is a student who does not live within
the City of North Richland Hills but attends a local school. An Active Group
Representative is not appointed to the Board and has no voting rights. Bryce Orr,
YAC's outgoing Vice Chairman, was an Active Member before moving to North
Richland Hills. Council does not need to act on this appointment, but we wanted to let
you know about the application. The application was received from Sarah Yeakley, an
• incoming junior at Birdville High School.
Recommendation:
Approve the Youth Advisory Committee's recommendations for new committee
members for 2008 -2009.
�J
•
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•
0
CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office
Presented by: Elizabeth Reining
Council Meeting Date: 5 -27 -2008
Agenda No. F.3
Subject: GN 2008 -042 Participation in Tarrant County's CDBG Program - Resolution
No. 2008 -030
In order for the City of North Richland Hills to continue to receive Community
Development Block Grant (CDBG) Entitlement funding through 2011, Tarrant County
must once again qualify as an Urban County under the CDBG program. Entitlement
counties must re- qualify every three years for funding. Tarrant County is eligible to
receive entitlement grant funds by having a combined population of 200,000 or more
from unincorporated areas and participating municipalities.
CDBG Funds can be used to make improvements to areas of the city where 51 % of the
residents are considered low to moderate income. Currently, the City of North Richland
Hills uses CDBG Funds to improve streets and rehabilitate homes.
This resolution allows North Richland Hills to continue to be part of the Urban County for
the purpose of program planning and implementation for the entire period of the Urban
County qualification.
The resolution must be executed prior to Tarrant County's submission to the
Department of Housing and Urban Development in the last week of June 2008.
Council will also see a similar item for the City to continue participating in the HOME
program through Tarrant County.
Recommendation: Approve Resolution 2008 -030 to participate in Tarrant County's
CDBG Program.
• RESOLUTION 2008 -030
RESOLUTION FORMING A JOINT ADMINSITRATIVE AGREEMENT
BETWEEN THE CITY OF NORTH RICHLAND HILLS, A DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD) METROPOLITAN
CITY DESIGNATED AS A DIRECT ENTITLEMENT CITY, AND
TARRANT COUNTY FOR ADMINISTRATION OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FOR THE THREE
PROGRAM YEAR PERIOD, FISCAL YEAR 2009 THROUGH 2011,
SUBJECT TO THE JOINT ADMINISTRATIVE AGREEMENT
ATTACHED
WHEREAS, the Congress of the United States of America has authorized under
Title 1 of the Housing and Community Development Act of 1974, Public Law 93 -383, as
amended; 42 U.S.C. Sec 5301, as amended through the Housing and Community
Development Act of 1992, establishes a program of community development block
grants for the specific purpose of developing viable communities by providing decent
housing and suitable living environments and expanding economic opportunities
principally for persons of low and moderate income, and
WHEREAS, the U.S. Department of Housing and Urban Development in 24 CFR
570.308, allows any urban county and any metropolitan city located, in whole or in part,
within that county to submit a joint request to HUD to approve the inclusion of the
• metropolitan city as a part of the urban county for purposes of planning and
implementing a joint community development and housing program, and
WHEREAS, Tarrant County has been designated an "Urban County" by the
Department of Housing and Urban Development entitled to a formula share of
Community Development Block Grant and HOME program funds provided said County
has a combined population of 200,000 persons in its unincorporated areas and units of
general local government with which it has entered into cooperative agreements, and
WHEREAS, Tarrant County has been designated an "Urban County" and the
City of North Richland Hills has accepted a designation of "metropolitan city" by the
Department of Housing and Urban Development to receive direct entitlement of
Community Development Block Grants (CDBG), and
WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas
counties to enter into cooperative agreements with local governments for essential
Community Development and Housing Assistance activities, and
WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas
counties to enter into cooperative agreements with local governments to consolidate
governmental functions, and
C7
WHEREAS, through cooperative agreements Tarrant County has authority to
carry out activities funded from annual CDBG Program Allocations from Federal Fiscal
Years 2009, 20101 2011 appropriations and from any program income generated from
the expenditure of such funds, and
WHEREAS, Tarrant County and the City of North Richland Hills agree to
cooperate to undertake, or assist in undertaking, community renewal and low income
housing assistance activities, and
WHEREAS, the City of North Richland Hills has adopted and is enforcing a
policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non - violent civil rights demonstrations
and
WHEREAS, the City of North Richland Hills has adopted and is enforcing a
policy of enforcing applicable State and local laws against physically barring entrance to
or exit from a facility or location which is the subject of such non - violent civil rights
demonstrations within jurisdictions, and
WHEREAS, Tarrant County and the City of North Richland Hills shall take all
actions necessary to assure compliance with the Urban County's certification required
by section 104(b) of Title I of the Housing and Community Development Act of 1974, as
amended, including Title VI of the Civil Rights Act of 1964, and Title VIII of the Civil
• Rights Act of 1968, section 109 of Title I of the Housing and Community Development
Act of 1974, and other applicable laws, and
WHEREAS, the City of North Richland Hills agrees to inform the County of any
income generated by the expenditure of CDBG funds received and that any such
program income must be paid to the County to be used for eligible activities in
accordance with all CDBG Program requirements, and
WHEREAS, in accordance with 24 CFR 570.501(b), Tarrant County is
responsible for ensuring that CDBG funds are used in accordance with all program
requirements, including monitoring and reporting to the U.S. Department of Housing and
Urban Development on the use of program income and that in the event of close -out or
change in status of the city of North Richland Hills, any program income that is on hand
or received subsequent to the close -out of change in status shall be paid to the County,
and
WHEREAS, in accordance with 24 CFR 570.501(b), Tarrant County, as the
recipient is responsible for ensuring that CDBG funds are used in accordance with all
program requirements. The use of designated public agencies, subrecipients, or
contracts does not relieve Tarrant County of this responsibility. Tarrant County is also
responsible for determining the adequacy of performance under subrecipient
agreements and procurement contracts, and for taking appropriate action when
performance problems arise, such as the actions described in §570.910. Where a city is
participating with, or as part of Tarrant County Urban County, as a participating unit, or
. as part of a metropolitan city, the County. is responsible for applying to the unit of
general local government the same requirements as are applicable to subrecipients,
except that the five -year period identified under §570.503 (b) (8) (i) shall begin with the
date that the unit of general local government is no longer considered by HUD to be a
part of the metropolitan city or urban county, as applicable, instead of the date the
subrecipient agreement expires, and
WHEREAS, the City of North Richland Hills, agrees to notify Tarrant County of
any modification or change in the use of the real property from that planned at the time
of acquisition or improvement, including disposition, and further agrees to reimburse the
County in an amount equal to the current fair market value (less any portion thereof
attributable to expenditure of non -CDBG funds) of property acquired or improved with
CDBG funds that is sold or transferred for a use which does not qualify under the CDBG
regulations, and
WHEREAS, any money generated from disposition or transfer of the property will
be treated as program income and returned to the county prior to or subsequent to the
close -out, change of status or termination of the cooperation agreement between county
and the City of North Richland Hills;
NOW, THEREFORE, BE IT RESOLVED, by the City of North Richland Hills, that
the City Council of North Richland Hills, Texas supports the application of Tarrant
is County for funding from the Housing and Community Development Act of 1974, as
amended, and asks that its population be included for three successive years with that
of Tarrant County, Texas to carry out under Public Law 93 -383, and Affordable Housing
activities under Public Law 101 -625, and authorizes the Mayor of North Richland Hills,
Texas to sign such additional forms as requested by the Department of Housing and
Urban Development pursuant to the purposes of the Resolution, and further that the
City of North Richland Hills, Texas understands that Tarrant County will have final
responsibility for selecting projects and filing annual grant requests.
BE IT FURTHER RESOLVED, this agreement will automatically be renewed for
participation in successive three -year qualification periods, unless Tarrant County or the
City of North Richland Hills provides written notice it elects not to participate in a new
qualification period. Tarrant County will notify the City of North Richland Hills in writing
of its right to make such an election on the date specified by the U.S. Department of
Housing and Urban Development (HUD) in their urban county qualification notice for the
next qualification period. Any amendments or changes contained within the urban
county qualification notice applicable to for a subsequent three -year urban county
qualification period must be adopted by Tarrant County and the City of North Richland
Hills, and submitted to HUD. Failure by either party to adopt such an amendment to the
agreement will void the automatic renewal of this agreement.
This agreement remains in effect until CDBG funds, and income received to the Fiscal
• Years 2009, 2010, and 2011 programs, and to any successive qualification periods
•
provided through the automatic renewal of this agreement, are expended and the
funded activities completed, and neither Tarrant County nor the City of North Richland
Hills may terminate or withdraw from the agreement while the agreement remains in
effect.
Official notice of amendments or changes applicable for a subsequent three -year urban
county agreement shall be in writing and be mailed by certified mail to the City
Secretary of the City of North Richland Hills. Any notice of changes or amendments to
this agreement by the City of North Richland Hills to Tarrant County shall be in writing to
the Tarrant County Community Development Division Director.
PASSED AND APPROVED THIS 27th day of May, 2008
ATTEST:
CITY SECRETARY
COMMISSIONERS COURT CLERK
APPROVED:
MAYOR
COUNTY JUDGE
Approval Form for District Attorney
Approved as to Form*
*By law, the District Attorney's Office may only advise or approve contracts or legal
documents on behalf of its clients. It may not advise or approve a contract or legal
document on behalf of other parties. Our review of this document was conducted solely
from the legal perspective of our client. Our approval of this document was offered
solely for the benefit of our client. Other parties should not rely on this approval, and
should seek review and approval by their own respective attorney(s).
•
40
JOINT ADMINISTRATIVE AGREEMENT FOR ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS
The CITY OF NORTH RICHLAND HILLS, hereinafter called "City ", has accepted
a designation by the United States Department of Housing and Urban Development
(HUD) as a metropolitan city eligible to receive direct entitlement of Community
Development Block Grant (CDBG) funds for the FY 2009 -2011 program years, and
The CITY OF NORTH RICHLAND HILLS has entered into a cooperative
agreement (attachment "A ") with TARRANT COUNTY, hereinafter called "County ", to
participate in the County's CDBG program as a metropolitan city eligible to receive
direct entitlement of CDBG funds, and
The CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY have agreed
to abide by HUD requirements as detailed in CPD 96 -04, Article 5, in the cooperative
agreement (attachment "A "), and in accordance with 24 CFR 570.308 Joint Requests.
This JOINT ADMINISTRATIVE AGREEMENT is made and entered into by and
between the City Council of the CITY OF NORTH RICHLAND HILLS and TARRANT
COUNTY and the parties hereby AGREE as follows:
1. Scope of Term of Services. The County through this Joint Administrative
Agreement agrees to administer on behalf of the City of North Richland Hills all activities
and requirements of federal, state and local law, and rules and procedures of the United
States Department of Housing and Urban Development with regard to the City's
Community Development Block Grant entitlement program for the Fiscal Years 2009
through 2011.
2. Distribution of CDBG. The City shall receive CDBG entitlement program
funding from the County as an entitled metropolitan city. The amount of funding shall be
equivalent to or greater than what HUD determines annually as the City's entitlement as
a metropolitan city.
3. Duties of County. The County shall be responsible for administering all
activities related to the City CDBG entitlement program in accordance with 24 CFR
570.500 Subpart "J" Grant Administration, 24 CFR 570.501(b), and 24 CFR 570.503.
4. Duties of the City. The City will approve all City CDBG entitlement program
funding decisions. The City will determine specific programs, projects, or any other uses
to the extent permitted and consistent with HUD eligible activities.
5. City Administrative Expenses. The County shall remit to the City, for HUD
i eligible reimbursable administrative costs, an amount not to exceed SIX PERCENT
(6 %) of the total allowable (20 %) under 570.205, 570.206 and OMB Circular A -87 and
A -133.
•
•
This Joint Administrative Agreement is executed on behalf of the CITY OF NORTH
RICHLAND HILLS and TARRANT COUNTY by its duly authorized officials.
CITY OF NORTH RICHLAND HILLS
MAYOR
DATE:
TARRANT COUNTY, TEXAS
B. Glen Whitley, JUDGE
•
•
•
CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office
Presented by: Elizabeth Reining
Council Meeting Date: 5 -27 -2008
Agenda No. F.4
Subject: GN 2008 -043 Participation in Tarrant County's HOME Investment Partnership
Program - Resolution No. 2008 -031
In order for the City of North Richland Hills to continue to receive Community
Development Block Grant (CDBG) Entitlement funding through 2011, Tarrant County
must once again qualify as an Urban County under the HOME program. Entitlement
counties must re- qualify every three years for funding. Tarrant County is eligible to
receive entitlement grant funds by having a combined population of 200,000 or more
from unincorporated areas and participating municipalities.
HOME funds provide formula grants to States and localities that communities use, often
in partnership with local nonprofit groups, to fund a wide range of activities that build,
buy, and /or rehabilitate affordable housing for rent or ownership or provide direct rental
assistance to low- income residents.
The resolution allows North Richland Hills to continue to be part of the Urban County for
the purpose of program planning and implementation for the entire period of the Urban
County qualification.
The resolution must be executed prior to Tarrant County's submission to the
Department of Housing and Urban Development in the last week of June 2008.
Council saw a similar Resolution allowing the City to continue participation in the CDBG
program.
Recommendation: Approval of Resolution 2008 -031, to participate in Tarrant County's
HOME Investment Partnership Program.
• RESOLUTION 2008 -031
RESOLUTION FORMING A HOME CONSORTIUM BETWEEN THE
CITY OF NORTH RICHLAND HILLS, A DESIGNATED DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD) METROPOLITAN
CITY, AND TARRANT COUNTY FOR PARTICIPATION IN TARRANT
COUNTY'S HOME INVESTMENT PARTNERSHIP PROGRAM FOR THE
THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2009 THROUGH
2011, SUBJECT TO THE JOINT GRANT AGREEMENT ATTACHED
(ATTACHMENT "A ").
WHEREAS, the Congress of the United States of America has enacted the
HOME Investment Partnerships Act, Title II of the Cranston - Gonzalez National
Affordable Housing Act, 42 U.S.C. Sec 12701, as amended, and
WHEREAS, the U.S. Department of Housing and Urban Development in 24 CFR
92, allows units of general local government to enter into mutual cooperation
agreements to form a HOME program consortium for the purpose of obtaining funding
as a participating jurisdiction under the HOME Investment Partnership Program, and
WHEREAS, Tarrant County has been designated an "Urban County" by the
Department of Housing and Urban Development entitled to a formula share HOME
Investment Partnership program funds provided said County has a combined population
of 200,000 persons in its incorporated areas and units of general local government with
which it has entered into cooperative agreements, and
WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas
counties to enter into cooperative agreements with local governments for essential
Community Development and Housing Assistance activities, and
WHEREAS, the City of North Richland Hills shall not apply for grants under the
State HOME Program from appropriations for fiscal years during the period in which it is
participating in Tarrant County's HOME program, and
WHEREAS, the City of North Richland Hills shall not participate in a HOME
consortium except through Tarrant County, regardless of whether or not Tarrant County
receives a HOME formula allocation, and
WHEREAS, through cooperative agreements Tarrant County has authority to
carry out activities funded from annual HOME Program Allocations from Federal Fiscal
Years 2009, 20101 2011 appropriations and from any program income generated from
the expenditure of such funds, and
WHEREAS, Tarrant County and the City of North Richland Hills agree to
cooperate to u ndertake, or assist in undertaking, program activities to expand the
supply of decent, safe, sanitary and affordable housing for low income and very low
income Americans, and
WHEREAS, Tarrant County has authorized the Tarrant County Community
Development Division to act in a representative capacity as the lead entity for all
members of the consortium for the purposes of administering the HOME program,
assuming overall responsibility for ensuring the consortium's HOME program is carried
out in compliance with the requirements of the HOME program and the Consolidated
Plan, and
WHEREAS, Tarrant County will not fund activities in support of any cooperating
unit of general government that does not affirmatively further fair housing within its own
jurisdiction or that impedes the county's actions to comply with its fair housing
certification, and
WHEREAS, in accordance with 24 CFR Part 91 and 92, Tarrant County is
responsible for ensuring that HOME funds are used in accordance with all program
requirements, including monitoring and reporting to the U.S. Department of Housing and
Urban Development on the use of program income and that in the event of close -out or
change in status of the city of North Richland Hills, any program income that is on hand
or received subsequent to the close -out of change in status shall be paid to the County,
and
WHEREAS, the City of North Richland Hills, agrees to notify Tarrant County of
any modification or change in the use of the real property from that planned at the time
of acquisition or improvement, including disposition, and further agrees to reimburse the
County in an amount equal to the current fair market value (less any portion thereof
attributable to expenditure of non -HOME funds) of property acquired or improved with
HOME funds that is sold or transferred for a use which does not qualify under the
HOME regulations, and
WHEREAS, any money generated from disposition or transfer of the property will
be treated as program income and returned to the county prior to or subsequent to the
close -out, change of status or termination of the cooperation agreement between county
and the City of North Richland Hills;
NOW, THEREFORE, BE IT RESOLVED, by the City of North Richland Hills, that
the City Council of North Richland Hills, Texas supports the application of Tarrant
County for funding from the Housing and Community Development Act of 1974, as
amended, and asks that its population be included for three successive years with that
of Tarrant County, Texas to carry out under Public Law 93 -383, and Affordable Housing
activities under Public Law 101 -625, and authorizes the Mayor of North Richland Hills,
Texas to sign such additional forms as requested by the Department of Housing and
Urban Development pursuant to the purposes of the Resolution, and further that the
City of North Richland Hills, Texas understands that Tarrant County will have final
responsibility for selecting projects and filing annual grant requests.
BE IT FURTHER RESOLVED, this agreement will automatically be renewed for
participation in successive three -year qualification periods, unless Tarrant County or the
City of North Richland Hills provides written notice it elects not to participate in a new
qualification period. Tarrant County will notify the City of North Richland Hills in writing
of its right to make such an election on the date specified by the U.S. Department of
Housing and Urban Development (HUD) in their urban county qualification notice for the
next qualification period. Any amendments or changes contained within the urban
county qualification notice applicable to for a subsequent three -year urban county
qualification period must be adopted by Tarrant County and the City of North Richland
Hills, and submitted to HUD. Failure by either party to adopt such an amendment to the
agreement will void the automatic renewal of this agreement.
This agreement remains in effect until HOME funds, and income received to the Fiscal
Years 2009, 2010, and 2011 programs, and to any successive qualification periods
provided through the automatic renewal of this agreement, are expended and the
funded activities completed, and neither Tarrant County nor the City of North Richland
Hills may terminate or withdraw from the agreement while the agreement remains in
effect.
Official notice of amendments or changes applicable for a subsequent three -year urban
county agreement shall be in writing and be mailed by certified mail to the City
Secretary of the City of North Richland Hills. Any notice of changes or amendments to
this agreement by the City of North Richland Hills to Tarrant County shall be in writing to
the Tarrant County Community Development Division Director.
PASSED AND APPROVED THIS 27th day of May, 2008
ATTEST:
CITY SECRETARY
COMMISSIONERS COURT CLERK
APPROVED:
MAYOR
COUNTY JUDGE
Approval Form for District Attorney
Approved as to Form*
*By law, the District Attorney's Office may only advise or approve contracts or legal
documents on behalf of its clients. It may not advise or approve a contract or legal
document on behalf of other parties. Our review of this document was conducted solely
from the legal perspective of our client. Our approval of this document was offered
solely for the benefit of our client. Other parties should not rely on this approval, and
should seek review and approval by their own respective attorney(s).
is
P-j
JOINT GRANT AGREEMENT FOR ADMINISTRATION OF
HOME INVESTMENT PARTNERSHIP PROGRAM
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
The CITY OF NORTH RICHLAND HILLS, hereinafter called "City ", has accepted
a designation by the United States Department of Housing and Urban Development
(HUD) as a metropolitan city under the Community Development Block Grant (CDBG).
As a metropolitan city under CDBG, the City will make agreements to form a HOME
consortium with the urban county to receive HOME Investment Partnership Program
(HOME) funds for the FY 2009 -2011 program year, and
The CITY OF NORTH RICHLAND HILLS has entered into a cooperative
agreement (attachment "A ") with TARRANT COUNTY, hereinafter called "County ", to
participate in the County's HOME program as a HUD designated metropolitan city, and
The CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY have agreed
to abide by HUD requirements as detailed in CPD 96 -04, Article 5, in the cooperative
agreement (attachment "A "), and in accordance with 24 CFR 92.101 Consortia and 24
CFR 92.504 Participating jurisdiction responsibilities; written agreements; on -site
inspection.
This JOINT GRANT AGREEMENT is made and entered into by and between the
City Council of the CITY OF NORTH RICHLAND HILLS and TARRANT COUNTY and
the parties hereby AGREE as follows:
1. Program Activity. The City of North Richland Hills and Tarrant County through
this Joint Grant Agreement agree to cooperate to undertake or to assist in undertaking
housing assistance activities for the HOME program as guided by federal, state, local
law, and rules and procedures of the United States Department of Housing and Urban
Development for the Fiscal Years 2009 through 2011.
2. Representative Appointment. The County is authorized to act in a
representative capacity as the lead entity for all members if the consortium for the
purposes of administering the HOME program.
3. Representative Responsibilities. The County assumes overall responsibility for
ensuring that the consortium's HOME program is carried out in compliance with the
requirements of the HOME program, including requirements concerning the
Consolidated Plan, 24 CFR Part 91.
4. Fair Housing. The City of North Richland Hills will agree to affirmatively further
fair housing.
5. Term. The consortium's qualification period is FY 2009 — 2011 whereby
Tarrant County has the authority to carry out activities funded from annual HOME
program allocations from Federal Fiscal Years 2009, 2010, and 2011 appropriations
and from any program income generated from the expenditure of such funds.
6. Automatic Renewal. This agreement will automatically be renewed for
participation in successive three -year qualification periods, unless Tarrant County or the
City of North Richland Hills provides written notice it elects not to participate in a new
qualification period. Tarrant County will notify the City of North Richland Hills in writing
of its right to make such an election on the date specified by the U.S. Department of
Housing and Urban Development (HUD) in their urban county qualification notice for the
next qualification period. Any amendments or changes contained within the urban
county qualification notice applicable to for a subsequent three -year urban county
qualification period must be adopted by Tarrant County and the City of North Richland
Hills, and submitted to HUD. Failure by either party to adopt such an amendment to the
agreement will void the automatic renewal of this agreement.
7. Program Year. July 1, 2009 is the beginning date of the 2009 program year. A
program year will end June 30th the following year.
8. Authority to Amend Agreement. Tarrant County is authorized to amend the
agreement and to add new members on behalf of the entire consortium, unless
otherwise specified in this agreement.
This Joint Grant Agreement is executed on behalf of the CITY OF NORTH
RICHLAND HILLS and TARRANT COUNTY by its duly authorized officials.
CITY OF NORTH RICHLAND HILLS
MAYOR
DATE:
TARRANT COUNTY, TEXAS
B. Glen Whitley, JUDGE
DATE:
CITY OF
NORTH RICHLAND HILLS
Department: Public Works Council Meeting Date: 5 -27 -2008
Presented by: Mike Curtis Agenda No. F.5
Subject: GN 2008 -044 Approve an Ordinance Regulating Secondary Metal Recyclers -
Ordinance No. 2995
Council is being asked to consider an Ordinance that would regulate secondary metal
recyclers. Many public and private facilities in North Central Texas have experienced
the theft of copper and other valuable metals. Law enforcement agencies have worked
diligently to help prevent these crimes without a great deal of success. One measure
that would be a valuable resource in assisting our officers and deputies is the passage
of an ordinance regulating secondary metal recyclers to discourage the purchase of
stolen metals.
Some cities have already enacted this type of ordinance, but a much stronger deterrent
would be created if all of the cities and counties in our region passed and enforced
similar ordinances. The Executive Board of the North Central Texas Council of
Governments adopted a resolution in support of such action at its April Board meeting.
A copy of the resolution is attached for your review.
The City of North Richland Hills currently does not have any metal recycling businesses
located within its boundaries. However, adopting an ordinance regulating this type of
business would support the "regional" request and establish requirements for any future
metal recyclers who may consider opening a business in the City.
The recommended ordinance is attached for Council's review. Some of the key issues
addressed in the ordinance are outlined below.
1. Record keeping requirements by the recycling business.
2. Minimum identification requirements for the seller.
3. Restrictions on and Inspections of metals purchased by the business.
4. License requirements and fees.
5. Penalties and Appeals for not following the ordinance.
Staff will be available at the May 27, 2008 Council meeting to address any questions
from Council.
Recommendation: Approve Ordinance No. 2995
f
•
0
RESOLUTION ENCOURAGING ALL MEMBER LOCAL GOVERNMENTS TO ENACT
AND ENFORCE ORDINANCES OR OTHER APPROPRIATE INSTRUMENTS
REGULATING THE PURCHASE OF COPPER AND OTHER VALUABLE METALS
BY SECONDARY METAL RECYLERS
WHEREAS, the theft of copper and other valuable metals has become a pressing problem in
the North Central Texas region; and
WHEREAS, the theft of these metals has resulted in a high cost to public and private entities as
well as individual citizens; and
WHEREAS. one means of deterring the theft of these metals is to remove the economic
incentive to engage in this criminal activity, and
WHEREAS, a primary approach to removing this economic incentive is to regulate secondary
metal recyclers by prohibiting these recyclers from purchasing certain metal properties unless
the seller can show proof of ownership of or permission to sell these properties; and
WHEREAS, certain cities in North Central Texas have enacted ordinances regulating secondary
metal recyclers; but
WHEREAS, a more effective deterrent would be created if all cities and counties within the
region enacted similar regulations;
NOW, THEREFORE, BE IT HEREBY RESOLVED THAT;
Section 1. The NCTCOG Executive Board encourages all local governments in the 16
county region to adopt and enforce regulations governing the purchase of
copper and other valuable metals by secondary metal recyclers.
Section 2, The Council of Governments serve as a repository for such ordinances and
other instruments in order to make them available as samples for other
entities to use in developing their own regulations.
Section 3. The Council of Governments distribute this resolution to its member local
governments.
Chad Adams, President
North Central Texas Council of Governments
County Judge, Ellis County
I hereby certify that this resolution was adopted by the Executive Board of the North
Central Texas Council of Governments on March 27, 2008.
Bobby Waidle, Secretary- Treasurer
North Central Texas Council of Governments
Mayor, City of DeSoto
ORDINANCE NO. 2995
i
AN ORDINANCE AMENDING THE CODE OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, AS AMENDED, BY AMENDING CHAPTER
18 BY ADDING ARTICLE XI, "SECONDARY METAL RECYCLERS ";
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN
EFFECTIVE DATE OF JULY 19 2008.
WHEREAS, the current City Code of the City of North Richland Hills does not
provide for the regulation and licensing of secondary metal recyclers; and
WHEREAS, the City Council deems it necessary to exercise the City's police
power to promote, through regulation and licensing of secondary metal recyclers, the
recovery of stolen property; and
WHEREAS, Chapter 1956 of the Texas Occupations Code permits a municipality
to adopt a rule or ordinance that imposes standards that are more stringent than those
iimposed by Chapter 1956 of the Texas Occupations Code; and
WHEREAS, the City Council has determined that requiring secondary metal
recyclers to maintain certain records is a necessary exercise of the City's police power
to promote the recovery of stolen property; and
WHEREAS, the City Council has determined that requiring secondary metal
recyclers to hold regulated metal for no less than five days to allow peace officer
inspections for suspected stolen property is a necessary exercise of the City's police
power; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, THAT:
Section 1: Chapter 18 of the North Richland Hills City Code is hereby amended by
adding Article XI which shall read as follows:
1
"ARTICLE XI. SECONDARY METAL RECYCLERS
0 SEC. 18 -901. PURPOSE
This chapter is an exercise of the City's police power to promote, through
regulation of secondary metal recyclers, the recovery of stolen property. This chapter
provides licensing and recordkeeping requirements and enforcement procedures that
will enable the Police Department to identify and recover public and private property
composed of certain metal that may have been illegally appropriated.
This chapter is adopted pursuant to the authority of Texas Occupations Code
Section 1946.003 and shall be interpreted with reference to that code. It is the intent of
this chapter to impose standards that are in addition to and more stringent than the
requirements of Texas Occupations Code Chapter 1956, but which do not conflict with
that law.
SEC. 18 -902. DEFINITIONS
In this chapter:
Bales of recycled metal. Metals processed with professional recycling equipment by
compression, shearing, or shredding, to a form in which it may be sold by a secondary
metal recycler consistent with industry standards.
• Check. A written order to a bank to pay a stated amount of money from the secondary
metal recycler's bank account.
0
Chief of Police. The Chief of Police for the City of North Richland Hills and his
designees.
Ferrous Metal. A metal that contains significant quantities of iron or steel.
Hold Notice. Written notification by the Chief of Police as herein defined to a
secondary metal recycler stating that the secondary metal recycler may not sell,
redeem, or dispose of certain regulated metal property that the Chief of Police has
reasonable suspicion to believe has been stolen.
Licensee. A person in whose name a license has been issued under this chapter or a
person listed as an applicant on the application for a license.
Nonferrous metal. A metal that does not contain significant quantities of iron or steel,
including, but not limited to, copper, brass, aluminum, bronze, lead, zinc, nickel, and
their alloys.
Passport. A passport issued by the United States government or issued by another
country and recognized by the United States government.
2
(2) the name, initials, or other identifying information, of the individual
recording the information required by this section for the secondary metal
recycler;
(3) the seller's name, address, sex, birth date, and the identifying
number from the seller's driver's license, military identification card,
passport, or personal identification certificate;
(4) the license number, color, and style or make of any motor vehicle in
which the regulated metal property is delivered in a purchase transaction,
along with a digital photograph of the vehicle which clearly depicts the
make, model, and license plates;
(5) the date and time of the purchase transaction;
(6) the weight, quantity, or volume, made in accordance with the
custom of the trade, of the regulated metal property purchased;
(7) a general description, made in accordance with the custom of the
trade, of the predominant types of regulated metal property purchased in
the purchase transaction, along with a digital photograph of the materials;
(8) the amount of consideration given in a purchase transaction for the
regulated metal property;
(9) a signed statement, in a form approved by the Chief of Police
design , from the seller in a purchase transaction affirming a legal right
of ownership and the right to sign over title to the regulated metal property
offered for sale,
(10) a digital photograph of the seller that clearly depicts the seller's
facial features; and
(11) the seller will additionally be required to affix a clear and legible
thumb print on the record of purchase.
(c) A person selling or attempting to sell regulated metal property to a
secondary metal recycler shall:
(1) display to the secondary metal recycler the person's driver's
license, military identification card, passport, or personal identification
certificate;
(2) sign a written statement provided by the secondary metal recycler
affirming that the person is the legal owner of, or is lawfully entitled to sell,
the regulated material offered for sale; and
11
(3) utilize a lawfully operational vehicle to transport the regulated metal
property to the secondary metal recycler unless the materials to be
submitted consist of recyclable cans having a value of $50 or less.
(d) The secondary metal recycler or the recyclers agent shall visually verify
the accuracy of the identification presented by the seller at the time of each purchase of
regulated metal property.
(e) After notice from the Chief of Police or designee of the fraudulent or
forged nature of a particular driver's license, military identification card, passport or
personal identification certificate, the secondary metal recycler shall refuse to accept
said fraudulent or forged document for the purpose of complying with the requirements
of this chapter. The notice required under this subsection shall include a copy of the
fraudulent or forged driver's license, military identification card, passport or personal
identification card.
(f) A secondary metal recycler shall maintain on file the information, including
photographs, required by this section for not less than three years from the date of the
purchase transaction. A secondary metal recycler shall make these records available
for inspection by any peace officer, upon request, at the secondary metal recyclers
place of business during the usual and customary business hours of the secondary
metal recycler.
(g) The recordkeeping requirements of this section are in addition to any
required by Chapter 1956 of the Texas Occupations Code, as amended.
(h) It is a defense to prosecution under Subsection (b)(10) of this section that:
(1) an accurate and recognizable photograph of the seller, taken within
the preceding six months, was currently on file with the secondary metal
recycler; and
(2) at the time of the purchase transaction, the secondary metal
recycler, or an employee of the secondary metal recycler, visually verified
that the seller was actually the person depicted in the file photograph.
SEC. 18 -904. NOTICE TO SELLERS.
(a) A secondary metal recycler shall at all times maintain in a prominent place
in the secondary metal recycler's place of business, in open view to a seller of
regulated metal property, a notice in two -inch lettering that contains the following or
similar language approved by the Chief of Police OF designee: "A PERSON
ATTEMPTING TO SELL ANY REGULATED METAL PROPERTY MUST PRESENT
SUFFICIENT IDENTIFICATION REQUIRED BY CITY OF NORTH RICHLAND HILLS
61
ORDINANCE. This notice is in addition to the notice requirements set forth in Chapter
• 1956 of the Texas Occupations Code.
(b) The notice required by this section may be contained on a sign that
contains another notice required by law to be displayed by the secondary metal
recycler.
SEC. 18 -904. FACSIMILE, TELECOPIER OR SIMILAR EQUIPMENT REQUIRED.
(a) A secondary metal recycler shall maintain at its place of business, or
otherwise have immediate access to, a facsimile, telecopier or other equipment of similar
function on which notifications of stolen property or other notifications relating to
regulated metal property may be expeditiously received from the Police Department.
The equipment must be operable at all times during the usual and customary business
hours of the secondary metal recycler. The secondary metal recycler shall maintain the
facsimile number or other access number of the equipment on file with the Chief of
Police OF desig and shall notify the Chief of Police OF desig within 24 hours after
any change in the number.
(b) The Chief of Police OF designee may provide to secondary metal recyclers
notices of:
(1) photocopies of fraudulent or forged driver's license, military
identification card, passport, personal identification certificate or other
document provided by sellers under this Article;
(2) individuals convicted of theft of regulated metal property for
offenses arising in the City of North Richland Hills; and
(3) metal items reported or suspected stolen.
SEC. 18 -905. RESTRICTIONS ON THE PURCHASE OF REGULATED METAL
PROPERTY.
(a) A secondary metal recycler shall conduct all purchase transactions only
between the hours of 7:00 a.m. and 7:00 p.m. All payments for purchase transaction
shall be by check. Cash payments are prohibited, except that cash payments may be
made for up to $50.00 of recyclable cans.
(b) A secondary metal recycler shall not purchase any of the following items
of regulated metal property without obtaining proof that the seller owns the property (such
as by a receipt or bill of sale) or proof that the seller is an employee, agent or contractor
who is authorized to sell the item of regulated metal property on behalf of the person,
business, or entity owning the property:
(1) A utility access cover;
0 (2) A street light or electric pole and any of their fixtures or hardware;
on
• (3) A road or bridge guard rail;
(4) A street sign, traffic sign or traffic signal and any of their fixtures or
hardware;
(5) A water meter cover;
(6) Any metal marked with any form of the name or initials of a
governmental entity, including the City of North Richland Hills, another
municipality, and the state of Texas;
(7) Property owned by a telephone, cable, electric, water or other utility
provider, including communication, transmission and service wire;
(8) Railroad equipment, including but not limited to a tie plate, switch
plate, E clip or rail tie junction;
(9) A funeral marker or funeral vase;
(10) An historical marker,
(11) Bales of recycled metal;
•(12) Catalytic converters;
•
(13) A copper or aluminum condensing or evaporator coil from a heating
or air conditioning unit; or
(14) An aluminum or stainless steel container or bottle designed to hold
propane for fueling fork lifts.
(c) A secondary metal recycler shall maintain on file the information required
by Subsection (b) of this section for not less than one year from the date of the
purchase of the item of regulated metal property. A secondary metal recycler shall
make these records available for inspection by any police officer, upon request, at the
secondary metal recycler's place of business during the usual and customary business
hours of the secondary metal recycler.
(d) A secondary metal recycler shall not purchase any item of regulated metal
property from an intoxicated person.
(e) No metal recycling entity shall purchase or otherwise receive in the course
of business, any item, ownership of which is claimed by any minor, or which may be in
the possession or under control of a minor, unless;
7
(1) the only items offered for sale by the minor are recyclable cans;
• and
(2) the purchase transaction does not to exceed $50.00.
SEC 18 -906. INSPECTION.
(a) A secondary metal recycler shall, during the usual and customary
business hours, allow a peace officer to:
(1) inspect a secondary metal recycler's place of business;
(2) copy or verify the correctness of documents, including records or
reports required to be kept under this chapter; and
(3) examine or inspect metal inventory.
(b) A secondary metal recycler who fails or refuses to comply with any part of
Subsection (a) above violates this chapter. The failure or refusal is grounds for
suspension or revocation of a license
• SEC. 18 -907. 5 -DAY HOLD ON REGULATED METAL PROPERTY;
SEGREGATION, LABELING, AND INSPECTION OF
REGULATED METAL PROPERTY; EXCEPTIONS.
(a) Except as provided in Subsection (c) of this section, a secondary metal
recycler shall retain possession of purchased regulated metal property at the secondary
metal recycler's local place of business and withhold the property from alteration,
processing, resale or salvage use for five days after purchase, unless the property is
released sooner by written order of the Chief of Police OF desig or by order of a court
of competent jurisdiction.
(b) Except as provided in Subsections (c) of this section, a secondary metal
recycler shall segregate all regulated metal property purchased from a seller from
regulated metal property purchased from other sellers and attach to the property, or to
the container in which the property is held, a label indicating the name of the seller, the
date on which the property was purchased and the number of the receipt on which the
purchase information is recorded. If in any single purchase transaction, there are
multiple items of regulated metal property of the same general type, only one
representative item from each type of regulated property must be segregated and
labeled in accordance with this subsection.
(c) The hold, segregation, and labeling requirements of Subsections (a) and
• (b) of this section do not apply to any item of regulated metal property composed
'3
predominantly of ferrous metal material, unless the secondary metal recycler has
• received notice that the Chief of Police OF designee has, in accordance with this
subsection, designated the item or type of item as being subject to those requirements.
The Chief of Police eF desigRee shall periodically review theft statistics on ferrous
regulated metal property and establish a list of items or types of items that the Chief of
Police 9F desigRee determines are subject to the requirements of Subsection (a) and
(b). A current list must be maintained on file in the Chief of Polices designee's office, or
in another designated office of the Police Department, so that it may be inspected by
the public during the City's normal business hours. Notice of the list must be given to
secondary metal recyclers in accordance with schedules and procedures established by
the Chief of Police oF desigRee. A secondary metal recycler is presumed to have
received notice of the list if the Police Department transmits the list to the facsimile
number or access number provided by the secondary metal recycler under Section 18-
905 of this chapter.
SEC. 18 -908. HOLD ON STOLEN REGULATED METAL PROPERTY; HOLD
NOTICE.
(a) Whenever a peace officer has reasonable suspicion to believe that certain
items of regulated metal property in the possession of a secondary metal recycler are
stolen, the peace officer may issue a hold notice. The hold notice must:
(1) identify those specific items of regulated metal property alleged to
• be stolen and subject to hold; and
•
(2) inform the secondary metal recycler of the restrictions imposed on
the regulated metal property under Subsection (b) of this section.
(b) A secondary metal recycler may not, for 60 days from the date of receiving
a hold notice under this section, process or remove from the secondary metal recycler's
place of business any regulated metal property identified in the hold notice, unless the
property is released sooner by the peace officer who issued the hold notice or by order
of a court of competent jurisdiction. At the expiration of the hold period, the hold is
automatically released, and the secondary metal recycler may dispose of the regulated
metal property unless otherwise directed by a court of competent jurisdiction.
SEC. 18 -909. OFFENSES; DEFENSES; PENALTY.
(a) A person who violates any provision of this chapter, or who fails to perform
a duty required of him under this chapter, commits an offense. A person is guilty of a
separate offense for each item of regulated metal property involved in a violation of this
chapter. An offense under this chapter is punishable by a fine not to exceed $500.
(b) It is a defense to prosecution under this chapter that the regulated metal
property involved:
9
(1) was purchased from a charitable, philanthropic, religious, fraternal,
civic, patriotic, social or school- sponsored organization or from any
organization that is exempt from taxation under Section 501(c)(3) of the
Internal Revenue Code, as amended;
(2) was purchased from any public officer acting in an official capacity
as a trustee in bankruptcy, executor, administrator or receiver; from any
public official acting under judicial process or authority, or from a sale on
the execution, or by virtue, of any process issued by a court;
(3) consists of aluminum food or beverage containers, used food or
beverage containers, or similar food or beverage containers for the
purpose of recycling, other than beer or beverage kegs; or
(4) was purchased from a manufacturing, industrial or other
commercial vendor that generates or sells regulated metal property in the
ordinary course of its business.
SEC. 18 -910. LICENSE REQUIRED.
(a) A person commits an offense if, without a license issued under this article,
he:
(1) purchases regulated metal property in the City for resale or salvage
use;
(2) operates a business establishment in the City that purports to
purchase regulated metal property for resale or salvage use; or
(3) in any other manner conducts business in the City as a secondary
metal recycler.
(b) An application for a license must be made on a form provided by the Chief
of Police oF desig Each applicant must be qualified according to the provisions of
this chapter.
(c) A person who wishes to purchase regulated metal property for resale or
salvage use must sign the application as applicant. If the person is a legal entity,
including but not limited to a corporation, partnership, association, or joint venture, each
individual who has a 20 percent or greater interest in the business must sign the
application for a license as an applicant. Each applicant must meet the requirements of
Section 18 -911, and each applicant will be considered a licensee if a license is granted.
(d) It is a defense to prosecution under this section that, at the time of the
alleged offense, the person was purchasing regulated metal property for resale or
40 salvage use under the specific authority of a valid license issued by the State of Texas
10
•
or the United States government. A license must still be obtained under this section for
those activities conducted by a secondary metal recycler that are not specifically
authorized by a state or federal license.
SEC. 18 -911. ISSUANCE OF LICENSE; POSTING.
(a) The Chief of Police shall issue a license to an applicant within 30 days
after receipt of an application unless it is determined that one or more of the following is
true:
(1) An applicant is under 18 years of age.
(2) An applicant or an applicant's spouse is overdue in payment to the
City of taxes, fees, fines or penalties assessed against or imposed upon
the applicant or the applicants spouse.
(3) An applicant failed to answer or falsely answered a question or
request for information on the application form provided.
(4) An applicant or an applicant's spouse has been convicted of two or
more offenses under this chapter, other than the offense of conducting
business as a secondary metal recycler without a license, within two years
immediately preceding the application. The fact that a conviction is being
appealed has no effect.
(5) An applicant has not obtained a certificate of occupancy for the
premises in which the applicant intends to do business, or the business or
its location would otherwise be in violation of the City of North Richland
Hills Code of Ordinances or any other applicable city ordinance state or
federal law.
(6) The license fee required by this chapter has not been paid.
(7) An applicant has been convicted of a felony or a Class A
misdemeanor involving theft or fraud, including but not limited to theft,
robbery, burglary, forgery, criminal simulation, deceptive business
practices, securing execution of document by deception, or any other
similar state or federal criminal offense, and three years have not elapsed
since the termination of any sentence, parole or probation. The fact that a
conviction is being appealed has no effect. If three years have elapsed,
the Chief of Police shall, in accordance with Section 53.023 of the Texas
Occupations Code, as amended, determine the present fitness of the
applicant to be licensed from the information and evidence presented with
the application.
11
(8) An applicant has been convicted of an offense under any federal or
• state law providing recordkeeping or licensing requirements for persons
purchasing or selling regulated metal property, and three years have not
elapsed since the termination of any sentence, parole or probation. The
fact that a conviction is being appealed has no effect.
(b) The license, if granted, must state on its face the name of the person or
persons to whom it is granted, the expiration date and the address of the premises for
which the license is granted. A license issued pursuant to this chapter is valid only for
the location stated in the application. Should any licensee move a place of business
from the place stated on the license to a new location, the licensee shall give the Chief
of Police prior written notice and present the license to the Chief of Police to have the
change of location noted on the license.
(c) A license must be posted in a conspicuous place at or near the entrance
to the licensed premises so that it may be easily read at any time.
(d) If the Chief of Police determines that issuance or renewal of a license
should be denied, the Chief of Police shall send to the applicant or licensee by certified
mail, return receipt requested, a written statement of the reasons for the denial and of
the applicant or licensee's right to appeal.
SEC. 18 -912. FEES.
• The annual fee for a license issued under this article is $250.
•
SEC. 18 -913. EXPIRATION OF LICENSE.
Each license will expire one year from the date of issuance and may be renewed
only by making application as provided in Section 18 -910. To ensure re- issuance of a
license prior to expiration, application for renewal should be made at least 30 days
before the expiration date.
SEC. 18 -914. SUSPENSION.
(a) The Chief of Police shall suspend a license for a definite period of time,
not exceeding 30 days, if the Chief of Police determines that a licensee, an individual
who is a business associate of the licensee in the same or a related business, a
corporate officer of the licensee, or an employee of the licensee:
(1) committed, in the aggregate, two or more violations of this chapter
within any six -month period; or
(2) intentionally or knowingly impeded or refused to allow an inspection
by any police officer authorized under this chapter.
12
(b) The Chief of Police shall send to the licensee by certified mail, return
• receipt requested, a written statement of the reasons for the suspension, the date the
suspension is to begin, the duration of the suspension, and the licensee's right to appeal.
(c) A licensee whose license is suspended may not operate as a secondary
metal recycler inside the City during the period of suspension.
SEC. 18 -915. REVOCATION.
(a) The Chief of Police shall revoke a license if it is determined that one or
more of the following is true:
(1) A licensee has given a false statement as to a material matter
submitted to the Chief of Police during the application process.
(2) A licensee, an individual who is a business associate of the
licensee in the same or a related business or a corporate officer of the
licensee, or an employee of the licensee has been convicted within a two -
year period of three or more offenses under this chapter. If a conviction is
appealed, the time period between conviction and final disposition on
appeal of the conviction is not included in calculating the two -year period if
the conviction is affirmed.
•
(3) A licensee has been convicted of any felony or of a Class A
misdemeanor involving theft or fraud, including but not limited to theft,
robbery, burglary, forgery, criminal simulation, deceptive business
practices, securing execution of document by deception or any other
similar state or federal criminal offense, and three years have not elapsed
since the termination of any sentence, parole or probation. The fact that a
conviction is being appealed has no effect.
•
(4) A licensee has been convicted of an offense under any federal or
state law providing recordkeeping or licensing requirements for persons
purchasing or selling regulated metal property, and three years have not
elapsed since the termination of any sentence, parole or probation. The
fact that a conviction is being appealed has no effect.
(5) A cause for suspension under Section 18 -914 has occurred and the
license has already been suspended at least once within the preceding 12
months.
(6) The licensee does not qualify for a license under Section 18- 911(a).
13
(b) The Chief of Police shall send to the licensee by certified mail, return
• receipt requested, a written statement of the reasons for the revocation and of the
licensee's right to appeal.
(c) When the Chief of Police revokes a license, the revocation will continue
for one year, and the licensee may not be issued a license for one year from the date
revocation became final. If, subsequent to revocation, the Chief of Police finds that the
basis for the revocation action has been corrected or abated, the applicant may be
granted a license if at least 90 days have elapsed since the date the revocation became
final. If the license was revoked under Subsection (a)(3) or (a)(4) of this section, an
applicant may not be granted another license within three years of the termination of
any sentence, parole or probation.
SEC. 18 -916. APPEAL.
If the Chief of Police denies issuance or renewal of a license, or suspends or
revokes a license, the aggrieved party may appeal the decision of the Chief of Police to
the City Manager within 30 days. The action of the Chief of Police is final unless a
timely appeal is made. The filing of an appeal stays the action of the Chief of Police in
suspending or revoking a license until the City Manager makes a final decision.
SEC. 18 -917. TRANSFER OF LICENSE.
A licensee shall not:
•
(1) transfer a license issued under this chapter to another; or
(2) operate a business engaged in the purchase of regulated metal property
for resale or salvage use under the authority of a license at any location
other than the address designated in the license application."
SEC. 18 -918. BOND OR LETTER OF CREDIT FROM A FINANCIAL INSTITUTION.
(a) The Chief of Police shall require that an applicant for a license required by
this Article file a bond or letter of credit with the application. The bond or letter of credit
must be:
(1) satisfactory to the Chief of Police;
(2) in the amount of $5,000.00 for each license;
(3) issued by a United States surety company or financial institution, in
the case of the letter of credit authorized to do business in this state; and
(4) valid at the time of the application and remain in effect during the
entire term of the license.
•
14
(b) The aggregate liability of the surety or letter of credit may not exceed the
• amount of the bond.
(c) The bond or letter of credit must be in favor of the City for the use of the
City and the use of a person who has a cause of action under this article against the
metal recycling entity.
(d) The bond or letter of credit must be conditioned on:
(1) The metal recycling entity's compliance with this article and rules
adopted under this article; and
(2) The payment of all amounts that become due to the City or to
another person under this article.
Section 2: SEVERABILITY: It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of
• this ordinance are severable and, if any phrase, clause, sentence,
paragraph, subsection, article or section of this ordinance shall be
declared unconstitutional or otherwise invalid by the final judgment or
decree of any court of competent jurisdiction, such invalidity shall not
affect any of the remaining phrases, clauses, sentences, paragraphs,
subsections, articles and sections of this ordinance, since the same would
have been enacted by the City Council without the incorporation in this
ordinance of any such invalid phrase, clause, sentence, paragraph,
subsection, article or section.
Section 3: REPEALER: All ordinances or parts thereof not consistent or conflicting
with the provisions of this ordinance are hereby repealed; provided that
such repeal shall be only to the extent of such inconsistency and in all
other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered in this ordinance.
Section 4: PUBLICATION: The City Secretary is hereby authorized and directed to
cause the publication of the descriptive caption and penalty clause
(Section 18 -909) of this ordinance as an alternative method of publication
provided by law.
Section 5: This ordinance shall be in full force and effect on July 1, 2008, and after its
• publication as required by law, and it is so ordained.
15
• PASSED AND APPROVED ON THIS 27th T" DAY OF MAY, 2008.
ATTEST:
Patricia Hutson, City Secretary
Approved as to form and legality:
George A. Staples, Attorney
•
CITY OF NORTH RICHLAND HILLS
Oscar Trevino, Mayor
i[61
0 ORDINANCE NO. 2995
AN ORDINANCE AMENDING THE CODE OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, AS AMENDED, BY AMENDING CHAPTER
18 BY ADDING ARTICLE XI, "SECONDARY METAL RECYCLERS ";
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE
OF JULY 11 2008.
WHEREAS, the current City Code of the City of North Richland Hills does not
provide for the regulation and licensing of secondary metal recyclers; and
WHEREAS, the City Council deems it necessary to exercise the City's police
power to promote, through regulation and licensing of secondary metal recyclers, the
recovery of stolen property; and
WHEREAS, Chapter 1956 of the Texas Occupations Code permits a municipality
to adopt a rule or ordinance that imposes standards that are more stringent than those
imposed by Chapter 1956 of the Texas Occupations Code; and
WHEREAS, the City Council has determined that requiring secondary metal
recyclers to maintain certain records is a necessary exercise of the City's police power
to promote the recovery of stolen property; and
WHEREAS, the City Council has determined that requiring secondary metal
recyclers to hold regulated metal for no less than seventy -two hours to allow peace
officer inspections for suspected stolen property is a necessary exercise of the City's
police power; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, THAT:
Section 1: Chapter 18 of the North Richland Hills City Code is hereby amended by
adding Article XI which shall read as follows:
"ARTICLE XI. SECONDARY METAL RECYCLERS
SEC. 18 -901. PURPOSE
This chapter is an exercise of the City's police power to promote, through
regulation of secondary metal recyclers, the recovery of stolen property. This chapter
provides licensing and recordkeeping requirements and enforcement procedures that
will enable the Police Department to identify and recover public and private property
composed of certain metal that may have been illegally appropriated.
SEC. 18 -902. DEFINITIONS
In this chapter:
Bales of recycled metal. Metals processed with professional recycling equipment by
compression, shearing, or shredding, to a form in which it may be sold by a secondary
metal recycler consistent with industry standards.
Ferrous Metal. A metal that contains significant quantities of iron or steel.
Hold Notice. Written notification by the Chief of Police as herein defined to a
secondary metal recycler stating that the secondary metal recycler may not sell,
redeem, or dispose of certain regulated metal property that the Chief of Police has
reasonable cause to believe has been stolen.
Licensee. A person in whose name a license has been issued under this chapter or a
person listed as an applicant on the application for a license.
Nonferrous metal. A metal that does not contain significant quantities of iron or steel,
including, but not limited to, copper, brass, aluminum, bronze, lead, zinc, nickel, and
their alloys.
Passport. A passport issued by the United States government or issued by another
country and recognized by the United States government.
Person. An individual, partnership, corporation, joint venture, trust, association, and any
other legal entity.
Personal Identification Certificate. A personal identification card issued by the Texas
Department of Public Safety under Section 521.101 of the Texas Transportation Code, as
amended, or a similar card or certificate issued by another state.
Purchase Transaction. A transaction in which a secondary metal recycler gives
consideration in exchange for regulated metal property.
Regulated metal property. Any item composed in whole or in part of any ferrous or
nonferrous metal, other than an item composed of tin, as defined herein.
Secondary Metal Recycler. Any person who:
(a) is engaged in the business of purchasing, collecting, or soliciting regulated
metal property; or
(b) operates or maintains a facility where regulated metal property is purchased
or kept for shipment, sale, transfer or salvage.
0
Seller. Any person who, in a purchase transaction, receives consideration from a
secondary metal recycler in exchange for regulated metal property.
Tin. Metal consisting predominantly of light sheet metal ferrous scrap, including,
large and small household appliances, construction siding, and construction roofing.
SEC. 18 -903. RECORDS REQUIRED.
(a) A secondary metal recycler shall maintain an accurate and legible record
of each purchase transaction. Each transaction must be recorded separately.
(b) The record of each purchase transaction must be in English and contain
the following information:
(1) the name and address of the secondary metal recycler;
(2) the name, initials, or other identifying information, of the individual
recording the information required by this section for the secondary metal
recycler;
(3) the seller's name, address, sex, birth date, and the identifying
number from the seller's driver's license, military identification card,
Is, passport, or personal identification certificate;
(4) the license number, color, and style or make of any motor vehicle in
which the regulated metal property is delivered in a purchase transaction;
(5) the date and time of the purchase transaction;
(6) the weight, quantity, or volume, made in accordance with the
custom of the trade, of the regulated metal property purchased;
(7) a general description, made in accordance with the custom of the
trade, of the predominant types of regulated metal property purchased in
the purchase transaction;
(8) the amount of consideration given in a purchase transaction for the
regulated metal property;
(9) a signed statement, in a form approved by the Chief of Police or
designee, from the seller in a purchase transaction affirming a legal right
of ownership and the right to sign over title to the regulated metal property
offered for sale; and
(10) a photograph, videotape, or similar likeness of the seller that clearly
depicts the seller's facial features.
(c) A person selling or attempting to sell regulated metal property to a
secondary metal recycler shall:
(1) display to the secondary metal recycler the person's driver's
license, military identification card, passport, or personal identification
certificate; and
(2) sign a written statement provided by the secondary metal recycler
affirming that the person is the legal owner of, or is lawfully entitled to sell,
the regulated material offered for sale.
(d) The secondary metal recycler or the recyclers agent shall visually verify
the accuracy of the identification presented by the seller at the time of each purchase of
regulated metal property.
(e) After notice from the Chief of Police or designee of the fraudulent or
forged nature of a particular driver's license, military identification card, passport or
personal identification certificate, the secondary metal recycler shall refuse to accept
said fraudulent or forged document for the purpose of complying with the requirements
of this chapter. The notice required under this subsection shall include a copy of the
fraudulent or forged driver's license, military identification card, passport or personal
identification card.
(f) A secondary metal recycler shall maintain on file the information, including
photographs, required by this section for not less than one year from the date of the
purchase transaction. A secondary metal recycler shall make these records available
for inspection by any peace officer, upon request, at the secondary metal recyclers
place of business during the usual and customary business hours of the secondary
metal recycler.
(g) The recordkeeping requirements of this section are in addition to any
required by Chapter 1956 of the Texas Occupations Code, as amended.
(h) It is a defense to prosecution under Subsection (b)(10) of this section that:
(1) an accurate and recognizable photograph of the seller, taken within
the preceding six months, was currently on file with the secondary metal
recycler; and
(2) at the time of the purchase transaction, the secondary metal
recycler, or an employee of the secondary metal recycler, visually verified
that the seller was actually the person depicted in the file photograph.
SEC. 18 -904. NOTICE TO SELLERS.
(a) A secondary metal recycler shall at all times maintain in a prominent place
in the secondary metal recycler's place of business, in open view to a seller of
regulated metal property, a notice in two -inch lettering that contains the following or
similar language approved by the Chief of Police or designee: "A PERSON
ATTEMPTING TO SELL ANY REGULATED METAL PROPERTY MUST PRESENT
SUFFICIENT IDENTIFICATION REQUIRED BY CITY OF NORTH RICHLAND HILLS
ORDINANCE.��
(b) The notice required by this section may be contained on a sign that
contains another notice required by law to be displayed by the secondary metal
recycler.
SEC. 18 -904. FACSIMILE, TELECOPIER OR SIMILAR EQUIPMENT REQUIRED.
(a) A secondary metal recycler shall maintain at its place of business, or
otherwise have immediate access to, a facsimile, telecopier or other equipment of similar
function on which notifications of stolen property or other notifications relating to
regulated metal property may be expeditiously received from the Police Department.
The equipment must be operable at all times during the usual and customary business
hours of the secondary metal recycler. The secondary metal recycler shall maintain the
facsimile number or other access number of the equipment on file with the Chief of
Police or designee and shall notify the Chief of Police or designee within 24 hours after
any change in the number.
(b) The Chief of Police or designee may provide to secondary metal recyclers
notices of:
(1) photocopies of fraudulent or forged driver's license, military
identification card, passport, personal identification certificate or other
document provided by sellers under this Article;
(2) individuals convicted of theft of regulated metal property for
offenses arising in the City of North Richland Hills; and
(3) metal items reported or suspected stolen.
SEC. 18 -905. RESTRICTIONS ON THE PURCHASE OF REGULATED METAL
PROPERTY.
(a) A secondary metal recycler shall conduct all purchase transactions only
between the hours of 7:00 a.m. and 7:00 p.m.
(b) A secondary metal recycler shall not purchase any of the following items
of regulated metal property without obtaining proof that the seller owns the property (such
as by a receipt or bill of sale) or proof that the seller is an employee, agent or contractor
who is authorized to sell the item of regulated metal property on behalf of the person,
business, or entity owning the property:
(1) A utility access cover;
(2) A street light or electric pole, and any of their fixtures or hardware;
(3) A road or bridge guard rail;
(4) A street sign, traffic sign or traffic signal, and any of their fixtures or
hardware;
(5) A water meter cover;
(6) Any metal marked with any form of the name or initials of a
governmental entity, including the City of North Richland Hills, another
municipality, and the state of Texas;
(7) Property owned by a telephone, cable, electric, water or other utility
provider, including communication, transmission and service wire;
(8) Railroad equipment, including but not limited to a tie plate, switch
plate, E clip or rail tie junction;
(9) A funeral marker or funeral vase;
(10) An historical marker;
(11) Bales of recycled metal;
(12) A copper or aluminum condensing or evaporator coil from a heating
or air conditioning unit; or
(13) An aluminum or stainless steel container or bottle designed to hold
propane for fueling fork lifts.
(c) A secondary metal recycler shall maintain on file the information required
by Subsection (b) of this section for not less than one year from the date of the
purchase of the item of regulated metal property. A secondary metal recycler shall
make these records available for inspection by any police officer, upon request, at the
secondary metal recycler's place of business during the usual and customary business
hours of the secondary metal recycler.
(d) A secondary metal recycler shall not purchase any item of regulated metal
property from an intoxicated person.
SEC18 -906. INSPECTION.
(a) A secondary metal recycler shall, during the usual and customary
business hours, allow a peace officer to:
(1) inspect a secondary metal recycler's place of business;
(2) copy or verify the correctness of documents, including records or
reports required to be kept under this chapter; and
(3) examine or inspect metal inventory.
(b) A secondary metal recycler who fails or refuses to comply with any part of
Subsection (a) above violates this chapter. The failure or refusal is grounds for
suspension or revocation of a license
SEC. 18 -907. 72 -HOUR HOLD ON REGULATED METAL PROPERTY;
SEGREGATION, LABELING, AND INSPECTION OF
REGULATED METAL PROPERTY; EXCEPTIONS.
(a) Except as provided in Subsection (c) of this section, a secondary metal
recycler shall retain possession of purchased regulated metal property at the secondary
metal recycler's local place of business and withhold the property from alteration,
processing, resale or salvage use for 72 hours after purchase, unless the property is
released sooner by written order of the Chief of Police or designee or by order of a court
of competent jurisdiction.
(b) Except as provided in Subsections (c) of this section, a secondary metal
recycler shall segregate all regulated metal property purchased from a seller from
regulated metal property purchased from other sellers and attach to the property, or to
the container in which the property is held, a label indicating the name of the seller, the
date on which the property was purchased and the number of the receipt on which the
purchase information is recorded. If in any single purchase transaction, there are
multiple items of regulated metal property of the same general type, only one
representative item from each type of regulated property must be segregated and
labeled in accordance with this subsection.
(c) The hold, segregation, and labeling requirements of Subsections (a) and
(b) of this section do not apply to any item of regulated metal property composed
predominantly of ferrous metal material, unless the secondary metal recycler has
received notice that the Chief of Police or designee has, in accordance with this
subsection, designated the item or type of item as being subject to those requirements.
The Chief of Police or designee shall periodically review theft statistics on ferrous
regulated metal property and establish a list of items or types of items that the Chief of
Police or designee determines are subject to the requirements of Subsection (a) and
(b). A current list must be maintained on file in the Chief of Polices designee's office, or
in another designated office of the Police Department, so that it may be inspected by
the public during the City's normal business hours. Notice of the list must be given to
secondary metal recyclers in accordance with schedules and procedures established by
the Chief of Police or designee. A secondary metal recycler is presumed to have
received notice of the list if the Police Department transmits the list to the facsimile
number or access number provided by the secondary metal recycler under Section 18-
905 of this chapter.
SEC. 18 -908. 'HOLD ON STOLEN REGULATED METAL PROPERTY; HOLD
NOTICE.
(a) Whenever a peace officer has reasonable cause to believe that certain
items of regulated metal property in the possession of a secondary metal recycler are
stolen, the peace officer may issue a hold notice. The hold notice must:
(1) identify those specific items of regulated metal property alleged to
be stolen and subject to hold; and
(2) inform the secondary metal recycler of the restrictions imposed on
the regulated metal property under Subsection (b) of this section.
(b) A secondary metal recycler may not, for 60 days from the date of receiving
a hold notice under this section, process or remove from the secondary metal recycler's
place of business any regulated metal property identified in the hold notice, unless the
property is released sooner by the peace officer who issued the hold notice or by order
of a court of competent jurisdiction. At the expiration of the hold period, the hold is
automatically released, and the secondary metal recycler may dispose of the regulated
metal property unless otherwise directed by a court of competent jurisdiction.
SEC. 18 -909. OFFENSES; DEFENSES; PENALTY.
(a) A person who violates any provision of this chapter, or who fails to perform
a duty required of him under this chapter, commits an offense. A person is guilty of a
separate offense for each item of regulated metal property involved in a violation of this
chapter. An offense under this chapter is punishable by a fine not to exceed $500.
(b) It is a defense to prosecution under this chapter that the regulated metal
property involved:
(1) was purchased from a charitable, philanthropic, religious, fraternal,
civic, patriotic, social or school- sponsored organization or from any
organization that is exempt from taxation under Section 501(c)(3) of the
Internal Revenue Code, as amended;
(2) was purchased from any public officer acting in an official capacity
as a trustee in bankruptcy, executor, administrator or receiver; from any
public official acting under judicial process or authority, or from a sale on
the execution, or by virtue, of any process issued by a court;
(3) consists of aluminum food or beverage containers, used food or
beverage containers, or similar food or beverage containers for the
purpose of recycling, other than beer or beverage kegs; or
(4) was purchased from a manufacturing, industrial or other
commercial vendor that generates or sells regulated metal property in the
ordinary course of its business.
SEC. 18 -910. LICENSE REQUIRED.
he:
(a) A person commits an offense if, without a license issued under this article,
(1) purchases regulated metal property in the city for resale or salvage
use;
(2) operates a business establishment in the city that purports to
purchase regulated metal property for resale or salvage use; or
(3) in any other manner conducts business in the city as a secondary
metal recycler.
(b) An application for a license must be made on a form provided by the Chief
of Police or designee. Each applicant must be qualified according to the provisions of
this chapter.
(c) A person who wishes to purchase regulated metal property for resale or
salvage use must sign the application as applicant. If the person is a legal entity,
including but not limited to a corporation, partnership, association, or joint venture, each
individual who has a 20 percent or greater interest in the business must sign the
application for a license as an applicant. Each applicant must meet the requirements of
Section 18 -911, and each applicant will be considered a licensee if a license is granted.
(d) It is a defense to prosecution under this section that, at the time of the
alleged offense, the person was purchasing regulated metal property for resale or
salvage use under the specific authority of a valid license issued by the State of Texas
or the United States government. A license must still be obtained under this section for
those activities conducted by a secondary metal recycler that are not specifically
authorized by a state or federal license.
SEC. 18 -911. ISSUANCE OF LICENSE; POSTING.
(a) The Chief of Police shall issue a license to an applicant within 30 days
after receipt of an application unless it is determined that one or more of the following is
true:
(1) An applicant is under 18 years of age.
(2) An applicant or an applicant's spouse is overdue in payment to the
city of taxes, fees, fines or penalties assessed against or imposed upon
the applicant or the applicants spouse.
(3) An applicant failed to answer or falsely answered a question or
request for information on the application form provided.
(4) An applicant or an applicant's spouse has been convicted of two or
more offenses under this chapter, other than the offense of conducting
business as a secondary metal recycler without a license, within two years
immediately preceding the application. The fact that a conviction is being
appealed has no effect.
(5) An applicant has not obtained a certificate of occupancy for the
premises in which the applicant intends to do business, or the business or
its location would otherwise be in violation of the City of North Richland
Hills Code of Ordinances or any other applicable city ordinance or state or
federal law.
(6) The license fee required by this chapter has not been paid.
(7) An applicant has been convicted of a felony or a Class A
misdemeanor involving theft or fraud, including but not limited to theft,
robbery, burglary, forgery, criminal simulation, deceptive business
practices, securing execution of document by deception, or any other
similar state or federal criminal offense, and three years have not elapsed
since the termination of any sentence, parole or probation. The fact that a
conviction is being appealed has no effect. If three years have elapsed,
the Chief of Police shall, in accordance with Section 53.023 of the Texas
Occupations Code, as amended, determine the present fitness of the
applicant to be licensed from the information and evidence presented with
the application.
(8) An applicant has been convicted of an offense under any federal or
state law providing recordkeeping or licensing requirements for persons
purchasing or selling regulated metal property, and three years have not
elapsed since the termination of any sentence, parole or probation. The
fact that a conviction is being appealed has no effect.
(b) The license, if granted, must state on its face the name of the person or
persons to whom it is granted, the expiration date and the address of the premises for
which the license is granted. A license issued pursuant to this chapter is valid only for
the location stated in the application. Should any licensee move a place of business
from the place stated on the license to a new location, the licensee shall give the Chief
of Police prior written notice and present the license to the Chief of Police to have the
change of location noted on the license.
(c) A license must be posted in a conspicuous place at or near the entrance
to the licensed premises so that it may be easily read at any time.
(d) If the Chief of Police determines that issuance or renewal of a license
should be denied, the Chief of Police shall send to the applicant or licensee by certified
mail, return receipt requested, a written statement of the reasons for the denial and of
the applicant or licensee's right to appeal.
SEC. 18 -912. FEES.
The annual fee for a license issued under this article is $245.
SEC. 18 -913. EXPIRATION OF LICENSE.
Each license will expire one year from the date of issuance and may be renewed
only by making application as provided in Section 18 -910. To ensure re- issuance of a
license prior to expiration, application for renewal should be made at least 30 days
before the expiration date.
SEC. 18 -914. SUSPENSION.
(a) The Chief of Police shall suspend a license for a definite period of time,
not exceeding 30 days, if the Chief of Police determines that a licensee, an individual
who is a business associate of the licensee in the same or a related business, or a
corporate officer of the licensee, or an employee of the licensee:
(1) committed, in the aggregate, two or more violations of this chapter
within any six -month period; or
(2) intentionally or knowingly impeded or refused to allow an inspection
by any police officer authorized under this chapter.
(b) The Chief of Police shall send to the licensee by certified mail, return
receipt requested, a written statement of the reasons for the suspension, the date the
suspension is to begin, the duration of the suspension, and the licensee's right to appeal.
(c) A licensee whose license is suspended may not operate as a secondary
metal recycler inside the city during the period of suspension.
SEC. 18 -915. REVOCATION.
(a) The Chief of Police shall revoke a license if it is determined that one or
more of the following is true:
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(1) A licensee has given a false statement as to a material matter
submitted to the Chief of Police during the application process.
(2) A licensee, an individual who is a business associate of the
licensee in the same or a related business or a corporate officer of the
licensee, or an employee of the licensee has been convicted within a two -
year period of three or more offenses under this chapter. If a conviction is
appealed, the time period between conviction and final disposition on
appeal of the conviction is not included in calculating the two -year period if
the conviction is affirmed.
(3) A licensee has been convicted of any felony or of a Class A
misdemeanor involving theft or fraud, including but not limited to theft,
robbery, burglary, forgery, criminal simulation, deceptive business
practices, securing execution of document by deception or any other
similar state or federal criminal offense, and three years have not elapsed
since the termination of any sentence, parole or probation. The fact that a
conviction is being appealed has no effect.
(4) A licensee has been convicted of an offense under any federal or
state law providing recordkeeping or licensing requirements for persons
purchasing or selling regulated metal property, and three years have not
elapsed since the termination of any sentence, parole or probation. The
fact that a conviction is being appealed has no effect.
(5) A cause for suspension under Section 18 -914 has occurred and the
license has already been suspended at least once within the preceding 12
months.
(6) The licensee does not qualify for a license under Section 18- 911(a).
(b) The Chief of Police shall send to the licensee by certified mail, return
receipt requested, a written statement of the reasons for the revocation and of the
licensee's right to appeal.
(c) When the Chief of Police revokes a license, the revocation will continue
for one year, and the licensee may not be issued a license for one year from the date
revocation became final. If, subsequent to revocation, the Chief of Police finds that the
basis for the revocation action has been corrected or abated, the applicant may be
granted a license if at least 90 days have elapsed since the date the revocation became
final. If the license was revoked under Subsection (a)(3) or (a)(4) of this section, an
applicant may not be granted another license within three years of the termination of
any sentence, parole or probation.
SEC. 18 -916. APPEAL.
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If the Chief of Police denies issuance or renewal of a license, or suspends or
revokes a license, the aggrieved party may appeal the decision of the Chief of Police to
the City Manager within 30 days. The action of the Chief of Police is final unless a
timely appeal is made. The filing of an appeal stays the action of the Chief of Police in
suspending or revoking a license until the City Manager makes a final decision.
SEC. 18 -917. TRANSFER OF LICENSE.
A licensee shall not:
(a) transfer a license issued under this chapter to another; or
(2) operate a business engaged in the purchase of regulated metal property
for resale or salvage use under the authority of a license at any location
other than the address designated in the license application."
Section 2: This ordinance shall be cumulative of all provisions of ordinances and of
the Code of the City of North Richland Hills, as amended, except where
the provisions of this ordinance are in direct conflict with the provisions of
such ordinances and such Code, in which event conflicting provisions of
such ordinances and such Code are hereby repealed.
Section 3: SEVERABILITY: It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of
this ordinance are severable and, if any phrase, clause, sentence,
paragraph, subsection, article or section of this ordinance shall be
declared unconstitutional or otherwise invalid by the final judgment or
decree of any court of competent jurisdiction, such invalidity shall not
affect any of the remaining phrases, clauses, sentences, paragraphs,
subsections, articles and sections of this ordinance, since the same would
have been enacted by the City Council without the incorporation in this
ordinance of any such invalid phrase, clause, sentence, paragraph,
subsection, article or section.
Section 4: REPEALER: All ordinances or parts thereof not consistent or conflicting
with the provisions of this ordinance are hereby repealed; provided that
such repeal shall be only to the extent of such inconsistency and in all
other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered in this ordinance.
Section 5: PUBLICATION: The City Secretary is hereby authorized and directed to
cause the publication of the descriptive caption and penalty clause of this
ordinance as an alternative method of publication provided by law.
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Section 6. This ordinance shall be in full force and effect o July 1 2008, and after its
publication as required by law, and it is so ordained.
PASSED AND APPROVED this the 27th day of May, 2008.
CITY OF NORTH RICHLAND HILLS
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ATTEST:
Patricia Hutson, City Secretary
Oscar Trevino, Mayor
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
S APPROVED AS TO CONTENT:
Mike Curtis, P.E., Public Works Director
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 5 -27 -2008
Presented by: Patricia Hutson Agenda No. F.6
Subject: GN 2008 -045 Appointment to Teen Court Advisory Board - Place 1
The Place 1 position on the Teen Court Advisory Board is currently vacant. Councilman
Lewis is recommending the appointment of Thomas Langehennig to fill the vacancy.
The ordinance establishing the Teen Court Advisory Board provides that the individual
serving in Place 1 is to be a student from Richland High School, Birdville High School or
Fort Worth Worth Christian School. Mr. Langehennig is a student at Richland High
School.
Recommendation:
To consider the appointment of Mr. Thomas Langehennig to Place 1 on the Teen Court
Advisory Board, term expiring June 30, 2009.
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Subject: EXECUTIVE SESSION ITEMS
No items for this category.
Council Meeting Date: 5 -27 -2008
Agenda No. G.0
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Subject: INFORMATION AND REPORTS
Council Meeting Date: 5 -27 -2008
Agenda No. H.0
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CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office Council Meeting Date: 5 -27 -2008
Presented by: Larry Cunningham Agenda No. H.1
Subject: IR 2008 -066 High Speed Rail Initiative
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008 -066
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;...'° Date: May 27, 2008
s,4 Subject: High Speed Rail Initiative
Tarrant County Commissioner Gary Fickes will be at the Regular City Council Meeting to
discuss high speed rail with the City Council. Commissioner Fickes is the Secretary of
the Texas High Speed Rail and Transportation Corporation ( THSRTC). THSRTC is a
not - for - profit corporation consisting of local transportation and elected officials from
across the State in a grassroots, collaborative effort to realize the first -ever high -speed
rail passenger system and multi -modal transportation corridor in Texas.
THSRTC is proposing a high speed rail route, called the Texas T -Bone, to connect
Houston, San Antonio, Austin and Dallas /Fort Worth. As the state population grows from
the present 23 million to a projected 50 million people by 2040, 78% of the population is
expected to live and work within the "Texas T- Bone" Corridor. This multi -modal corridor
would provide the people of Texas an innovative solution to the state's growing
congestion, air quality and homeland security issues. This alignment would serve Fort
Hood, TX, the largest military installation in the free world, in deployment to its ports of
embarkation. The corridor would also serve as a FEMA evacuation route, providing an
effective multi -modal evacuation system for millions of Americans during times of natural
disaster and provide much - needed relief to our state's deteriorating highways.
Its members represent some of Texas' most densely - populated and economically vibrant
areas. THSRTC's growing membership and their designated representatives include the
Cities of College Station, Hillsboro, Houston, Irving, Killeen, and Temple. It also includes
Brazos County, Dallas County, Harris County, Tarrant County, the Port of Houston
Authority, American and Continental Airlines, and Scott & White Hospital. Additionally,
Texas Southern University and the Texas Transportation Institute serve as significant
resource agencies to THSRTC and the Bush School of Public Affairs at Texas A & M
University recently completed a major Capstone Project for the. Corporation.
This is for information only. Council may wish for NRH to become a member at some
future time.
Respectfully Submitted,
Larry J. Cunningham
City Manager
�� ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by: Councilman Tim Barth
Subject: Announcements - Councilman Barth
Announcements
Council Meeting Date: 5 -27 -2008
Agenda No. H.2
Join us at NRH2O on Monday, June 2, for the park's 14th Birthday Celebration.
There will be games and entertainment. Admission will be reduced to $14 for the
entire day to celebrate. For more information, please visit www.nrh2o.com.
Join us at Tommy & Sue Brown Park on Friday, June 6, for a FREE night of family
fun. There will be games starting at 7 p.m. and we will watch the movie "Curious
George" from the lawn after the sun goes down. Parking is limited. Residents are
encouraged to walk or ride their bikes to the park. For more details, please call 817 -427-
6600.
Residents can get rid of household hazardous waste including paint, oil, pesticides
and other chemicals from 9 to 11 a.m. on Saturday, June 14th, at Tarrant County
College NE Campus, 828 Harwood Road (by the tennis courts). Proof of residency
is required. Storage capacity may limit participation to the first 75 households. For more
details, please call 817- 427 -6651.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do.
Cynthia Copenhaver, Richland Tennis Center — A resident e- mailed to express
appreciation for the great help Cynthia provided during recent tennis lessons. The
resident said Cynthia took a lot of extra time in coaching the Ladies Team, even going
so far as to travel with them to off -site venues. Richland Tennis Center is very fortunate
to have a professional like Cynthia on staff.
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 5 -27 -2008
Presented by: Agenda No. H.3
Subject: Adjournment