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Home My WebLink AboutCC 2008-06-23 AgendasA.1 A.2 A.3 AA CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE - COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, June 23, 2008 5:30 P.M. Discuss Items from Regular City Council Meeting IR 2008 -075 Hurricane Preparedness Sheltering Update (10 Minutes) IR 2008 -074 Membership in the Texas High Speed Rail and Transportation Corporation (THSRTC) (5 Minutes) IR 2008 -077 Discuss Rescheduling the August 25 Council Meeting (5 Minutes) B.0 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 Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Mineral Leases) B.2 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney on threatened litigation: The Venue B.3 Executive Session: Pursuant to 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 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 June 20, 201 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. June 23, 2008 - City Council Agenda Page 1 of 5 The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, June 23, 2008 7:00 P.M. Copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: • 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 - Councilman Whitson A.2 Pledge - Councilman Whitson A.3 Special Presentation(s) and Recognition(s) - Yard of the Month Awards presented by Councilman Welch A.4 Special Presentation(s) and Recognition(s) - Proclamation for National Recreation and Parks Month - presented by Councilwoman Compton A short video will follow the National Recreation and Park Month Proclamation. 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 June 23, 2008 - City Council Agenda Page 2 of 5 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 June 9, 2008 City Council Meeting B.2 GN 2008 -050 Approve Agreement with Tarrant County Tax Assessor /Collector for the Collection of City Property Taxes - Resolution No. 2008 -034 B.3 PU 2008 -019 Award Bid #08 -033 Interior Painting - City Hall to Artistic Painting Co. in the amount of $51,672.00 B.4 PU 2008 -020 Renew Annual Contract for Audit Services with Patillo, Brown & Hill, LLP B.5 GN 2008 -051 Approve Agreement between the City of North Richland Hills and Motorola, Inc. for the Communications System Upgrade — Resolution No. 2008- 035 B.6 PU 2008 -021 Award the Carpet Replacement Project for City Hall to Shaw Industries and Interface America in the amount of $78,496.20. C.0 PUBLIC HEARINGS C.1 RP 2007 -06 Public Hearing and Consideration of a Request from Scott Bozarth and David Austin to Approve a Replat of Lot 1 and Lot 3 -R, Block 11, Meadow Lakes Addition Phases 3 & 4 into Lots 1 -R & 3 -R1, Block 11 (Located in the 6300 Block of Skylark Circle - 0.604 acres and 0.415 acres respectively) (Continued from the June 9, 2008 City Council Meeting) C.2 TR 2008 -01 A Public Hearing to Consider an Amendment to the North Richland Hills Zoning Ordinance by Amending Section 118 -723, Garage Sales, and Amending Chapter 18 Business by adding a section to include provisions for individual resident garage sales and neighborhood garage sales - Ordinance No. 2996 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing June 23, 2008 - City Council Agenda Page 3 of 5 D.1 FP 2008 -03 Consideration of a Request from the Birdville Independent School District to Approve a Final Plat of Lot 1, Block 1, Career and Technology Addition and Approve B.I.S.D. Agreement (Located in the 7000 Blk. of Mid - Cities Blvd. - 14.894 acres) D.2 GN 2008 -047 Consideration of Adopting the 2006 International Building Code as Amended - Ordinance No. 3000 D.3 GN 2008 -048 Consideration of Adopting the 2006 International Fire Code as Amended - Ordinance No. 2999 D.4 GN 2008 -049 Consideration of Adopting the 2005 National Electrical Code as Amended - Ordinance No. 2998 E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2008 -057 Consider acceptance of a Texas Governor's Division of Emergency Management Grant in the amount of $235,500.00 for purchase of equipment to enhance the Explosives Response Team and provide funding for Urban Search and Rescue Training F.2 GN 2008 -056 Consideration to Authorize the City Manager to Execute an Agreement to allow surveying of City Property by Chesapeake Energy for potential gas pipelines - Resolution No. 2008 -036 F.3 GN 2008 -058 Consider Approval of a Resolution encouraging alignment of natural gas pipelines within existing easements and roadway corridors and not in conflict with residential neighborhoods or prime development and redevelopment properties within North Richland Hills - Resolution No. 2008 -037 F.4 GN 2008 -053 Appointments to Animal Control Shelter Advisory Board - Places 2 and 4 F.5 GN 2008 -054 Appointments to Park and Recreation Facilities Development Corporation - Places 1, 3, 5 and 7 F.6 GN 2008 -052 Appointments to Civil Service Commission - Places 1, 2, 4 and Ex Officio F.7 GN 2008 -059 Appointments to Red Light Camera Advisory Committee F.8 GN 2008 -055 Appointments to Boards & Commissions F.9 GN 2008 -060 Ordinance to Establish Procedures for Recognition of Vested Rights - Ordinance No. 3001 June 23, 2008 - City Council Agenda Page 4of5 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Lewis H.2 Adjournment All items on the agenda are for discussion and /or action. rArtifit -ntinn 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 June 20, 2008 at ° oA sistant 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. June 23, 2008 - City Council Agenda Page 5 of 5 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre - Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, June 23, 2008 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008 -075 Hurricane Preparedness Sheltering Update (10 Minutes) A.3 IR 2008 -074 Membership in the Texas High Speed Rail and Transportation Corporation (THSRTC) (5 Minutes) A.4 IR 2008 -077 Discuss Rescheduling the August 25 Council Meeting (5 Minutes) B.0 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 Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Mineral Leases) B.2 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney on threatened litigation: The Venue B.3 Executive Session: Pursuant to 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 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6 -23 -2008 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL IR No. 2008 -075 R... E .; Date: June 23, 2008 t x Subject: Hurricane Preparedness update The 2008 Hurricane season has begun. The City of North Richland Hills and Tarrant County has participated and exercised with the various Texas Gulf Coast cities in order to be better prepared for hurricanes that might threaten Texas. One of the lessons learned from Hurricanes Katrina and Rita is that the sheltering of evacuees and their pets is an important part of the evacuation plan. The primary responsibility of all Tarrant County cities is the sheltering and assistance with the sheltering of evacuees and their pets. Sheltering Agreements are currently in place with two faith based organizations in North Richland Hills for the self sustaining sheltering to meet these needs. Many Jurisdictions, including North Richland Hills, have developed agreements with faith based organizations to be the primary shelter providers to ensure that the basic needs of evacuees and their pets are met. The primary factor that determines an appropriate shelter is the presence of electricity, water, and a climate controlled atmosphere as all shelters must meet the applicable code compliance. Other factors that affect the location and selection of shelters include access to mass transit, parking, the ability to handle pets and the shelters ability to host for up to two weeks or longer. The City of North Richland Hills will continue to work with the faith based facilities within the city to help increase the sheltering capacity. Staff will also continue to be an active participant in North Central Texas Council of Government regional activities. The following activities are currently planned or are in the active planning stages: 1. NCTCOG Regional Table Top Exercise July 16th from 1 p to 4pm at NCTCOG, 2. Regional Shelter Committee Meetings are on -going 3. E -Team software utilization by the entire NCTCOG region for sheltering OPS. 4. "DRAFT" DFW Metroplex WEST Shelter Hub Operations Plan Respectfully Submitted, Jimmy Perdue Chief of Police ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � INFORMAL REPORT TO MAYOR AND CITY COUNCIL IR No. 2008 -074 ` Date: June 23, 2008 ..wi Subject: Texas High Speed Rail and Transportation Corporation At the May 27, 2008 Regular City Council Meeting, Tarrant County Commissioner Gary Fickes reported on the Texas High Speed Rail and Transportation Corporation (THSRTC) during Information and Reports. 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. As you recall from the meeting, THSRTC is proposing a high speed rail route, called the Texas T -Bone, to connect Houston, Austin /San Antonio 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. THSRTC's members represent some of Texas' most densely - populated and economically vibrant areas. Its 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. Since the City Council meeting, Councilman Tim Welch and I met with Commissioner Fickes and David Dean, of Dean International, to further discuss THSRTC and the City's possible membership in the Corporation. Both Councilman Welch and I believe there are benefits to joining THSRTC. By connecting the three largest metropolitan areas in Texas: Houston, Austin /San Antonio and Dallas /Fort Worth; the Texas TBone ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � will provide an alternative method for travel within Texas as opposed to highways and air travel. Alternative means of transportation become more attractive as gas prices continue to rapidly increase and congestion builds on 1 -35. Also, the Texas T -Bone will connect to DFW airport. Since the SWNE commuter line will terminate at DFW, we could then offer our residents rail access to the other major metropolitan areas in the State. The creation of the Texas T -Bone would only enhance our commuter rail. Commissioner Fickes and Mr. Dean have assured us that THSRTC is moving forward with the Texas T -Bone. THSRTC projects to identify the routes in five years and place the "T- Bone" in operation by 2020. To become a member of THSRTC, the City would pay $12,500 in annual dues, starting for FY 2009 on October 1. For the City to participate this year it would cost us $6,250. We would not automatically renew our membership every year. Instead, if the City does not like the progress of THSRTC, we can opt out at anytime. With the City's membership we would have one voting delegate in the Corporation. More than one city representative could attend THSRTC meetings, but the City would have only one vote in Corporation business. Councilman Welch and I recommend the City join THSRTC and evaluate our membership after one year. The City Council must decide two things during the Work Session tonight. One, does the City Council want to join the Texas High Speed Rail and Transportation Corporation? And two, if the City of North Richland Hills does join THSRTC, who does Council want to designate as its representative? Respectfully Submitted, Larry J. Cunningham City Manager INFORMAL REPORT TO MAYOR AND CITY COUNCIL IR No. 2008 -077 A .... F . Date: June 23, 2008 Subject: Discuss Rescheduling the August 25 Council Meeting :Y There is a need for Council to reschedule the August 25 Council meeting. The Mayor will be out of town on the 25th which is when the first public hearing was to be held on the tax rate as well as public hearings on the budget, Crime Control District and Park Development Corporation. We believe it is important that the Mayor be in attendance when these public hearings are held, and would therefore like to reschedule the meeting for Tuesday, August 26. State law requires that when a proposed tax rate exceeds the effective tax rate, two tax rate public hearings must be held. If the first hearing is held on August 26, the second hearing cannot be before Friday, August 29 and no later than Tuesday, September 9. Therefore, the date for the 2nd tax rate hearing needs to be determined. It is recommended that the 2nd tax rate hearing be held on Monday, September 2. This item has been placed on the Work Session agenda for council to reach a consensus on dates for the two meetings. After consensus has been reached, Staff will place an action item on the next agenda for Council to formally reschedule the August 25 meeting. Respectfully Submitted, Karen Bostic Managing Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6 -23 -2008 Presented by: Agenda No. B.0 Subject: EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6 -23 -2008 Presented by: Jared Miller Agenda No. B.1 Subject: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Mineral Leases) CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: George Staples Council Meeting Date: 6 -23 -2008 Agenda No. B.2 Subject: Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney on threatened litigation: The Venue CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6 -23 -2008 Presented by: Agenda No. B.3 Subject: Executive Session: Pursuant to Section 551.072, Texas Government Code to discuss the purchase, exchange or value of real property necessitated by the Loop 820 widening project CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6 -23 -2008 Presented by: Agenda No. C.0 Subject: Adjournment City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, June 23, 2008 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Whitson A.2 Pledge - Councilman Whitson A.3 Special Presentation(s) and Recognition(s) - Yard of the Month Awards presented by Councilman Welch A.4 Special Presentations and Recognition(s) - Proclamation for National Recreation and Parks Month - presented by Councilwoman Compton A short video will follow the National Recreation and Park Month Proclamation. 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 June 9 2008 Cit Council Meeting B.2 GN 2008 -050 Approve Agreement with Tarrant County Tax Assessor /Collector for the Collection of City Property Taxes - Resolution No. 2008 -034 B.3 PU 2008-019 Award Bid #08-033 Interior Painting - City Hall to Artistic Painting Co. in the amount of $51,672.00 B.4 PU 2008-020 Renew Annual Contract for Audit Services with Patillo, Brown & Hill, LLP B.5 GN 2008-051 Approve Agreement between the City of North Richland Hills and Motorola, Inc. for the Communications System Upgrade — Resolution No. 2008- 035 B.6 PU 2008-021 Award the Carpet Replacement Project for City Hall to Shaw Industries and Interface America in the amount of $78,496.20. C.0 PUBLIC HEARINGS C.1 RP 2007-06 Public Hearing and Consideration of a Request from Scott Bozarth and David Austin to Approve a Re plat of Lot 1 and Lot 3-R, Block 11, Meadow Lakes Addition Phases 3 & 4 into Lots 1 -R & 3-R1, Block 11 (Located in the 6300 Block of Skylark Circle - 0.604 acres and 0.415 acres respectively), �Continued from the June 9, 2008 City Council Meeting) C.2 TR 2008-01 A Public Hearing to Consider an Amendment to the North Richland Hills Zoning Ordinance by Amendin - e Sales, and -q Section 118-723, Garaq Amending Chapter 18 Business by adding a section to include provisions for individual resident garage sales and neighborhood garage sales - Ordinance No. 2996 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 FP 2008-03 Consideration of a Re nest from the Birdville Independent School District to Approve a Final Plat of Lot 1, Block 1, Career and Technology Addition and Ap- rove B.I.S.D. Agreement (Located in the 7000 Blk. of Mid-Cities Blvd. - 14.894 acres) D.2 GN 2008-047 Consideration of Adopting the 2006 International Building Code as Amended - Ordinance No. 3000 D.3 GN 2008-048 Consideration of Adopting the 2006 International Fire Code as Amended - Ordinance No. 2999 DA GN 2008-049 Consideration of Adopting the 2005 National Electrical Code as Amended - Ordinance No. 2998 E.0 PUBLIC WORKS No items for this category. F.O GENERAL ITEMS F.1 GN 2008-057 Consider acceptance of a Texas Governor's Division of Emergengy Mana.gement Grant in the amount of $235,500.00 for purchase of equi ment to enhance the Explosives Resp nse Team and provide funding for Urban Search and Rescue Tr F.2 GN 2008-056 Consideration to Authorize the City Manager to Execute an Agreement to allow surveying of City Property by Chesapeake Ene potential gas pipelines - Resolution No. 2008-036 F.3 GN 2008-058 Consider Approval of a Resolution encouraging alignment of natural gas pipelines within existing easements and roadway corridors and not in conflict with residential neighborhoods or prime development and redevel properties within North Richland Hills - Resolution No. 2008-037, FA GN 2008-053 Appointments to Animal Control Shelter Adviso[y Board - Places 2 and 4 F.5 GN 2008-054 Appointments to Park and Recreation Facilities Devel Corporation - Places 1, 3, 5 and 7 F.6 GN 2008-052 Appointments to Civil Service Commission - Places 1, 21 4 and Ex Officio F-7 GN 2008-059 Ar)r)ointments to Red Liqht Camera Advisory Committee F.8 GN 2008-055 Appointments to Boards & Commissions F.9 GN 2008-060 Ordinance to Establish Procedures for Recomition of Vested Rights - Ordinance No. 3001 G.O EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session H.D INFORMATION AND REPORTS H.1 Announcements - Councilman Lewis H.2 Adburnment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6 -23 -2008 Presented by: Agenda No. A.0 Subject: Call to Order - Mayor Trevino CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6 -23 -2008 Presented by: Agenda No. A.1 Subject: Invocation - Councilman Whitson CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6 -23 -2008 Presented by: Agenda No. A.2 Subject: Pledge -Councilman Whitson CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6 -23 -2008 Presented by: Holly Bullington /Councilman Tim Welch Agenda No. A.3 Subject: Special Presentation(s) and Recognition(s) - Yard of the Month Awards presented by Councilman Welch AREA 1 Mike & Carol McMahan, 3836 Diamond Loch West AREA 2 Bervi T. Adams, 7020 Shauna Drive AREA 3 Larry & Cheryl Plunkett 6312 Meadowlakes Drive AREA 4 Alice McKittrick, 5536 Scott Drive AREA 5 R. J. Jiuliante Jr., 8209 Pearl Street AREA 6 Rosalro & Teresa Miranda, 6800 Hewitt Street AREA 7 .Edwin & Tammy Gill, 9205 Grace Court AREA 8 Scott Reddoch, 7901 Forest Lakes Court AREA 9 Tim & Barbara Johnson, 8212 Beverly Drive Business Landscape Winner. Dr. Rod Munsell, Veterinarian Neighborhood Pet Health Center, 8301 Davis Boulevard CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 6 -23 -2008 Presented by: Councilwoman Suzy Compton Agenda No. A.4 Subject: Special Presentation(s) and Recognition(s) - Proclamation for National Recreation and Parks Month - presented by Councilwoman Compton A short video will follow the National Recreation and Park Month Proclamation. CITY OF NORTH RICHLAND HILLS PROCLAMATION WHEREAS, July is recognized as National Recreation and Parks Month by the National Recreation and Park Association; and WHEREAS, parks, recreation and leisure experiences provide opportunities for people to live, grow, and develop into contributing members of society; and WHEREAS, parks and recreation generates opportunities for people to come together and experience a sense of community through fun recreational pursuits; and WHEREAS, parks and recreation provides outlets for physical activities, socialization, and stress - reducing experiences; and WHEREAS, parks, playgrounds, nature trails, open spaces and recreation facilities make communities desirable places to live, work and play, contributing to economic vitality; and WHEREAS, parks, trails and open space provide a welcome respite from our fast paced, high -tech lifestyles while protecting and preserving our natural environment; and WHEREAS, parks and recreation touches the lives of individuals, families, groups, and the entire community which positively impacts upon the social, economic, health and environmental quality of our community, NOW, THEREFORE, I Oscar Trevino, Mayor of the City of North Richland Hills do hereby proclaim, the month of July as: "RECREATION AND PARKS MONTH" in the City of North Richland Hills and urge all citizens to celebrate by participating in one of the many leisure pursuits available in our city, by our outstanding Parks and Recreation Department. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 23 d day of June, 2008. Oscar Trevino, Mayor CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6 -23 -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. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Removal of Item(s) from Consent Agenda Council Meeting Date: 6 -23 -2008 Agenda No. A.6 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6 -23 -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 Presented by: Patricia Hutson Council Meeting Date: 6 -23 -2008 Agenda No. B.1 Subject: Approval of Minutes of June 9, 2008 City Council Meeting Recommendation: To approve the minutes of the June 9, 2008 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — JUNE 9, 2008 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 9th day of June, 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 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Suzy Compton Council Place 3 David Whitson Council, Place 5 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 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 Mark Mills Budget Director Andy Jones Fire Chief Vickie Loftice Parks & Recreation Director Jamie Brockway Purchasing Manager Eric Wilhite Chief Planner Absent: Scott Turnage Mayor Pro Tem, Council Place 6 Tim Barth Council, Place 4 Call to Order Mayor Trevino called the work session to order at 5:45 p.m. A.1 Discuss Items from Regular City Council Meeting Mayor Trevino advised that during the regular Council meeting he would be asking questions regarding Agenda Item D -1. Mayor Trevino advised the information provided in the agenda packet did not coincide with the information provided by Birdville Independent School District at the time of their bond election. Mayor Trevino advised he had concerns with the traffic impact analysis and the warranting of the signal light. Mr. Cunningham advised there would be representatives from BISD at the regular Council meeting that could address any questions. A.2 IR 2008 -052 Discussion of Senior Friendly Community Designation Ms. Elizabeth Reining, Assistant to City Manager, introduced Faye Beauleiu, United Way Northeast. Ms. Beauleiu provided Council with United Way's Senior Isolation Solutions plan booklet and discussed United Way's Senior Isolation program. Entities in the community are being encouraged to receive the designation of a "Senior Friendly Community." To receive the designation, the City would need to submit an application and meet four of the six criteria. Ms. Beauleiu advised that completion of the application by the City would be validating what the City was already doing and requested that the Council consider submitting an application for the City to receive recognition as a senior friendly community. Council concurred with Staff submitting the application for the City to receive the Senior Friendly designation. A.3 IR 2008 -058 Status Report on Capital Improvement Projects Mr. Mark Mills, Director of Budget, advised the fiscal year 2007/2008 Capital Projects budget includes over 100 projects broken down into street and sidewalk, drainage, utility, parks and recreation, aquatic park, municipal facility, major capital equipment and economic development. On a periodic basis, Council will be provided an update on various capital improvement projects. Mr. Mills presented a PowerPoint presentation updating the Council on the project status, total cost and project cost to date on the following eight projects: • Calloway Branch Trail • Liberty Park Lake Phase I and II • Recreation Center • Rufe Snow Drive Street and Utility Improvements (Mid- Cities to Hightower) • Signalization o Davis Boulevard at Bursey Road o Mid Cities Boulevard at Winter Park o Precinct Line Road at Amundson Drive o Precinct Line Road at Rumfield Road Council discussed the City's ability to bid the signalization projects as one package with the exception of the Mid Cities project and the feasibility of TxDOT meeting the projected timeline. Council discussed delays were being caused by the inability to obtain the poles and questioned if the City could purchase the poles and the contractor bid the project with material supplied. Mr. Curtis advised that for the three signalization projects under design, Davis and Precinct Line, staff would be looking at the City purchasing the poles. It could not be considered for the Mid - Cities project because of the wording of the contract documents and TxDOT agreement. Council also discussed the signalization of Precinct at Rumfield. Councilman Sapp requested that staff investigate the possibility of signalizing the intersection so that there would be no right turns on red. Staff will have the engineers investigate the options. AA IR 2008 -070 Discussion of Dates for Council Goals Session Mayor Trevino advised that Council had been provided with some possible dates for a Council Goals Work Session and Council advised of their availability on the different dates. Council consensus was to hold the work session on a Friday /Saturday in January. The Council members present were available on January 9 -10 or 16 -17. The City Manager was directed to set the work session for one of the two dates after contacting Councilman Barth and Mayor Pro Tern Turnage and determining their availability. 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 Deliberate the Lease of City Property (Pipeline Leases & Mineral Leases) B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to Discuss Leasing of Property South of 820 Mayor Trevino announced at 6:14 p.m. that the Council would adjourn to Executive Session pursuant to the provisions of Section 551.072, Texas Government Code to deliberate the lease of city property - pipeline leases and mineral leases and to discuss the leasing of property south of 820. C.0 Adjournment Mayor Trevino announced at 6:59 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 June 9, 2008 at 7:10 p.m. Present: Absent: Oscar Trevino John Lewis Ken Sapp Suzy Compton David Whitson Tim Welch ROLL CALL Mayor Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 5 Council, Place 7 Staff: Larry J. Cunningham City Manager Patricia Hutson City Secretary George Staples Attorney Scott Turnage, Mayor Pro Tem, Council Place 6 Tim Barth Council, Place 4 A.1 INVOCATION Councilman Sapp gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Sapp led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.4 CITIZENS PRESENTATION Ms. Kathryn Juren, 4624 Riverview Drive, North Richland Hills, advised she had been nominated and selected to participate in the People to People Student Ambassador Program. Ms. Juren will be representing the City as she travels to Australia in June as part of the 2008 Boomerang delegation. None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF MAY 27, 2008 CITY COUNCIL MEETING B.2 PU 2008 -016 AWARD BID # 08 -031 FOR AQUATIC PARK CHEMICAL SUPPLIES TO DCC INC. IN THE AMOUNT NOT TO EXCEED $70,134.75 B.3 PU 2008 -017 AWARD BID # 08 -030 FOR MOTOR OPERATED BUTTERFLY VALVE PROJECT TO AXIS CONSTRUCTION IN THE AMOUNT OF $73,360.00 COUNCILMAN SAPP MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 5 -0. PUBLIC HEARINGS C.1 RP 2007 -06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SCOTT BOZARTH AND DAVID AUSTIN TO APPROVE A REPLAT OF LOT 1 AND LOT 3 -R, BLOCK 11, MEADOW LAKES ADDITION PHASES 3 & 4 INTO LOTS 1 -R & 3 -R1, BLOCK 11 (LOCATED IN THE 6300 BLOCK OF SKYLARK CIRCLE - 0.604 ACRES AND 0.415 ACRES RESPECTIVELY) Mayor Trevino opened the public hearing and called for the applicant to present the case. Council was advised that the applicant or a representative for the applicant was not present. The Council delayed the item to later in the meeting to allow applicant the opportunity to present his request. C.2 ZC 2008 -02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THE BIRDVILLE INDEPENDENT SCHOOL DISTRICT TO APPROVE A ZONING CHANGE ON TWO PARCELS: 2.1 ACRES FROM "C -1" COMMERCIAL TO "U" INSTITUTIONAL AND 1.9 ACRES FROM "I -1" LIGHT INDUSTRIAL TO "U" INSTITUTIONAL WHICH, ADDED TO AN EXISTING "U" PARCEL, WILL CREATE A UNIFIED 14.894 ACRE "U" INSTITUTIONAL ZONED PARCEL (LOCATED IN THE 7000 BILK. OF MID - CITIES BLVD.) - ORDINANCE NO. 2997 APPROVED Mayor Trevino opened the Public Hearing. Councilwoman Compton left the Council dais. Mr. Victor Baxter, Schrickel Rollins and Associates, came forward representing the applicant. Applicant is requesting to rezone two parcels which are not currently zoned U- Institutional. The two tracts are part of a 14.894 acre site. The new Career and Technology building will be located on the site. The site is currently divided into three zones — C -1 Commercial on the north side along Mid Cities Boulevard, 1 -1 Light Industrial on the south side adjacent to the Cotton Belt right -of -way and U- Institutional which makes up the largest portion in the center of the tract. Mayor Trevino announced that Councilwoman Compton was employed with the Birdville Independent School District and would be abstaining from discussion and vote on this item and the next agenda item, D -1. An affidavit of disqualification has been completed by Councilwoman Compton and filed with the City Secretary stating the nature of the interest is employed by Birdville ISD as an administrator in Personnel Services. Mr. Eric Wilhite, Chief Planner, summarized the request and presented the recommendations of the Planning and Zoning Commission. Mayor Trevino called for anyone wishing to speak for or against the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN WHITSON MOVED TO APPROVE ZC 2008 -02, ORDINANCE NO. 2997. COUNCILMAN LEWIs SECONDED THE MOTION. MOTION TO APPROVE CARRIED 4 -0; COUNCILWOMAN COMPTON ABSTAINING. PLANNING & DEVELOPMENT D.1 FP 2008 -03 CONSIDERATION OF A REQUEST FROM THE BIRDVILLE INDEPENDENT SCHOOL DISTRICT TO APPROVE A FINAL PLAT OF LOT 1, BLOCK 1, CAREER AND TECHNOLOGY ADDITION AND APPROVE B.I.S.D. AGREEMENT (LOCATED IN THE 7000 BLK. OF MID - CITIES BLVD. - 14.894 ACRES) POSTPONED During the previous agenda item, Councilwoman Compton left the Council dais and Mayor Trevino announced that she was employed by the Birdville Independent School District and would be abstaining from discussion and vote. An affidavit of disqualification has been completed by Councilwoman Compton and filed with the City Secretary stating the nature of the interest is employed by Birdville /SD as an administrator in Personnel Services. Item is to consider a final plat of a 14.894 acre tract for the development of a Career and Technology school and to approve an agreement with Birdville Independent School District for the purpose of providing for the delayed installation of a traffic signal at the intersection of Mid - Cities Boulevard and the proposed development's drive access at Mid Cities Boulevard. The agreement also includes provisions to allow the construction and use of an additional access drive onto Dick Fisher Drive West subject to certain conditions. Mr. Victor Baxter, Schrickel Rollins and Associates, came forward, advised they were consultants to Birdville ISD on the development of the 14.9 acre tract for a Career and Technology Center, and were working in association with HKS Architects. The facility will serve Haltom High School, Richland High School and Birdville High School offering supplemental classes directed at career and technology emphasis. Mr. Baxter advised that Mark Vandervort with HKS Architects, and Tom Simmerly, DeShazo Tang and Associates, traffic consultants were also present to address concerns about the capacity of the school and the traffic. Schrickel Rollins has addressed all the staff comments in regards to site development and engineering and met all subdivision requirements. Mr. Eric Wilhite, Chief Planner, summarized the request. Mr. Wilhite advised while the zoning change and final plat were going through the Development Review Committee a site plan was also being reviewed at the staff level and there were several issues being dealt with. The plat meets all of the subdivision rules and regulations. The plat also includes an agreement between the School District and the City as it relates to the signalization of one of the entrances on the north end at Mid Cities and another access point onto Dick Fisher West. Council was advised the staff report outlined the issues addressed in the agreement. The Planning and Zoning Commission recommended approval of the plat; the Commission did not participate in the agreement. Mayor Trevino advised of concerns he had with the timing of the installation of the light at Mid Cities Boulevard. Mr. Mike Curtis, Public Works Director, discussed the data from the two traffic impact analysis, the warranting of the signal light and the installation of the signal light. Council advised they were supportive of the Career and Technology Center, but expressed concerns with the safety of the students and the traveling public on Mid Cities Boulevard if signalization of the intersection was delayed. Mr. Mark Vandervort, HKS Architects, and Mr. Tom Simmerly, DeShazo, Tang and Associates addressed the enrollment projected for the Center, the traffic projections, the differences between the two Traffic Impact Analyses and the traffic being dispersed over several hours of the day. Mr. Ronnie Caruthers, Birdville Independent School District, also addressed Council's concerns with the traffic impact analysis and the warranting of the signal light. Mayor Trevino advised that he would like the item to be tabled until Council could be provided with additional information addressing the issues. City Attorney Staples advised the Council that because it was a plat, their options were to approve, disapprove or the applicant could request that the item be postponed. After further discussion, Mr. Caruthers requested Council to delay consideration of the plat for two weeks. COUNCILMAN WELCH MOVED TO ACCEPT MR. CARUTHERS REQUEST TO DELAY FP 2008 -03 FOR TWO WEEKS; THE PLAT WILL BE CONSIDERED AT THE NEXT AVAILABLE COUNCIL MEETING IN JUNE. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 4 -0; COUNCILWOMAN COMPTON ABSTAINING. Councilwoman Compton returned to the Council dais. PUBLIC WORKS E.1 PW 2008 -015 AWARD PROFESSIONAL SERVICES CONTRACT TO FREESE AND NICHOLS, INC. FOR THE DAVIS BOULEVARD AND MID CITIES BOULEVARD INTERSECTION PROJECT APPROVED Mr. Mike Curtis, Public Works Director, presented the item. Item is to consider the award of a professional services contract for the design of the intersection of Davis Boulevard and Mid Cities Boulevard and right of way services. The City requested Requests for Proposals in accordance with city policy and proposals were received from twelve firms. The City's selections committee reviewed and evaluated the proposals and is recommending award of the engineering agreement to Freese and Nichols, Inc. in an amount not to exceed $314,500. COUNCILMAN WELCH MOVED TO APPROVE PW 2008 -015, APPROVING THE PROFESSIONAL SERVICES CONTRACT WITH FREESE AND NICHOLS, INC. IN AN AMOUNT NOT TO EXCEED $314,500. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. GENERAL ITEMS F.1 GN 2008 -046 UPDATE THE MUTUAL AID AGREEMENT WITH NEFDA (NORTHEAST FIRE DEPARTMENT ASSOCIATION) - RESOLUTION NO. 2008 -032 APPROVED Fire Chief Andy Jones presented the item. Item is to consider approval of a resolution authorizing the City Manager to sign an updated Northeast Fire Department Association (NEFDA) Mutual Aid Agreement. The current agreement, signed in 1979, provides each of the signatory cities the ability to request assistance from any of the other cities to fight fires, respond to EMS incidents, mitigate Hazardous Materials incidents or assist with other emergencies on an as needed basis. A city may respond to those requests if the resources requested are available and if response will not leave the responding city unprotected. The proposed agreement is being updated to include language addressing Emergency Medical Services as a specific component of the emergency services shared between the NEFDA cities. Language has also been added requiring the member cities to function under an Incident Command System and to be National Incident Management System compliant. COUNCILWOMAN COMPTON MOVED TO APPROVE GN 2008 -046, RESOLUTION NO. 2008 -032, AUTHORIZING THE CITY MANAGER TO SIGN THE. UPDATED NEFDA MUTUAL AID AGREEMENT. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. C.1 RP 2007 -06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SCOTT BOZARTH AND DAVID AUSTIN TO APPROVE A REPLAT OF LOT 1 AND LOT 3 -R, BLOCK 11, MEADOW LAKES ADDITION PHASES 3 & 4 INTO LOTS 1 -R & 3 -R1, BLOCK 11 (LOCATED IN THE 6300 BLOCK OF SKYLARK CIRCLE - 0.604 ACRES AND 0.415 ACRES RESPECTIVELY) PUBLIC HEARING CONTINUED Mayor Trevino asked Staff if the applicant had been contacted. Staff advised one of the applicants was out of town and they had been unable to reach the other applicant. Mayor Trevino asked Council if they would like to waive the rule to hear the case without the applicant being in attendance to present his case. Council was unwilling to waive the rule. COUNCILMAN WELCH MOVED TO CONTINUE THE PUBLIC HEARING TO THE NEXT AVAILABLE COUNCIL MEETING. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO CONTINUE PUBLIC HEARING CARRIED 5 -0. INFORMATION AND REPORTS H.1 IR 2008 -069 NOTICE OF UPCOMING PUBLIC HEARING FOR PROPOSED IMPROVEMENTS TO IH 820 Mr. Mike Curtis, Public Works Director advised that the Texas Department of Transportation (TxDOT) recently notified the City that they will be conducting the formal public hearing for the planned improvements to IH 820 from Mark IV Parkway to the SH 121/SH183 Interchange on July 1, 2008 at the Richland Hills Church of Christ. Displays will be available for public viewing at 6:30 p.m. and the formal public hearing will start at 7:00 p.m. Mr. Curtis advised of the importance for TxDOT to hear how important the project is to the citizens in this area and encouraged written or verbal participation at the public hearing. H.2 ANNOUNCEMENTS Councilwoman Compton made the following announcements. The North Richland Hills Fire Department will hold a CPR Class from 1 to 5 p.m. on Saturday, June 14. The cost is $25 per person. The class is American Heart Association approved and participants will receive a Certification Card. To sign up or get more information, please call 817 - 427 -6900. In honor of all fathers, Iron Horse Golf Course is offering a special steak dinner and round of golf at a discounted rate on Father's Day, Sunday, June 15th. For reservations and more details, please call Iron Horse at 817 - 485 -6666. At NRH2O, the first 100 dads to visit the park get in FREE on Father's Day! For more information, please call NRH2O at 817 - 427 -6500. The NRH Animal Adoption & Rescue Center invites dogs and their owners to participate in its annual Walk- A -Thon at 8 a.m. on Saturday, June 21. The two -mile walk will begin and end at the Animal Adoption & Rescue Center, located on Dick Fisher Drive. In addition to the walk, there will also be agility demonstrations and a doggie mall offering pet products and services. To register or get more information please call the Animal Adoption & Rescue Center at 817 - 427 -6570. Kudos Korner — Investigator Carrie White, Police Department. A card was received from a resident expressing sincere thanks for Investigator White's consideration, compassion and helpfulness during the sudden death of a family member. Investigator White led the family through a horrific time and they are grateful for her guidance. The NRH Police Department is very fortunate to have her among their ranks. H.3 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:22 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 6 -23 -2008 Presented by: Mark Mills Agenda No. B.2 Subject: GN 2008 -050 Approve Agreement with Tarrant County Tax Assessor /Collector for the Collection of City Property Taxes - Resolution No. 2008 -034 Tarrant County has been collecting property taxes for the City of North Richland Hills since October 1993. During this time, City staff has continually evaluated the performance of the Tarrant County Tax Assessor /Collector and are pleased with the County's collection performance, customer service and cost savings realized by the City. Tarrant County has submitted an agreement for collection services for calendar year 2008. A copy of the agreement is attached for Council consideration. The agreement is essentially the same as the agreements Council has approved in the past. The cost to the City is 65 cents per account or an estimated $15,000 depending on how many new accounts are added throughout the year. This increase is a 15 cent increase over the calendar year 2007 rate of 50 cents per account and represents an additional $3,600 over the prior budget of $11,400. Staff believes this increase is reasonable. This is the first increase in price for this service since we entered into the agreement with them in 1993. The number of accounts has also increased from last year, contributing to the overall cost increase. This contract may be terminated by either party by providing sixty days written notice. Recommendation: To approve Resolution No. 2008 -034. RESOLUTION NO. 2008 -034 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City Manager be, and is hereby, authorized to execute an agreement with Tarrant County Assessor - Collector to collect the ad valorem taxes of the City of North Richland Hills. PASSED AND APPROVED this the 23rd day of June, 2008. CITY OF NORTH RICHLAND HILLS 0 ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mark Mills, Budget Director §' Agreement For The Collection Of T4xes COUNTY OF TARK4 NT li Agreement made this day of 2008, by and between the Tarrant County "Wax Assessor/Collector, hereinafter referred to as ASSESSOR/COLLECTOR, and Tarrant County, hereinafter referred. to as the COUNTY, both of whom are addressed at 100 E. Weatherford Street., Fort Worth, Texas 76196-030 1, and the City of North Richland Hills, hereinafter referred to as City, whose address is PO Box 82069, North Richland Nil Is, TX 761.82. PURPOSE OF A GREEMENT `rhe purpose of this Agreement is to state, the teens and conditions under which the ASSESSOR/COLLECTOR will provide assessment and collection services of Ad Valorem taxes levied by the City. NOW 'THEREFORE, in consideration of the Mutual promises herein contained, the parties hereto agree as follows: 1. SEW VICES TO BE, . PER FOR tWED The ASSESSOWCOLLECTOR agrees to bill and collect the taxes due and owing on taxable property upon which the City has imposed said taxes. The ASSESSOR/COLLECTOR shall perforin, the said services in the same manner and fashion as 'Tarrant County collects its own taxes due and owing on taxable property. The services performed are as follows: receiving the Certified Appraisal Roll fivill the appropriate Appraisal District and monthly changes thereto; providing mortgage companies, property owners and tax representatives, tax roll and payment data; providing all necessary assessments of taxes and Truth in Taxation calculations as required; the transmittal of tax statements via the U.S. Mail or electronic transfer of data; and payment processing.. All City disbursements, made by check or by electronic transfer (wire or ACTI), for collected tax accounts will be made to the City on the day the COUNTY Depository Bank indicates the mandatory assigned "float" period has elapsed and the funds are posted to the collected balance. If any daily collection total is less than one hundred dollars ($100,00), the disbursement may be withheld until the Cumulative total of taxes collected for the City equals at least one hundred dollars- ($ 100.001, or at the close of the month. A selection of tile. above listed Reports will only be available by internet access, The ASSESSORICOLLECTOR will provide the City the General Ledger Revenue & Expense Report monthly as required by Sec. 3 1. 10 of the Texas Property Tax Code. Iff C0.11PENSATION In consideration of the services to be performed by the ASSESSOR/COLLECTOR, compensation for the services rendered is a rate of sixty five cents (S.65) per account. The number of accounts will be based on the October billing roll certified to the ASSESSOR/COLLECTOR by the Appraisal District. Now accounts added by the appropriate Appraisal District will be billed, to the entity. The ASSESSOR/COLLECTOR will Invoice for all these accounts by January 15, 2009 with payment to be received from the City by February 15, 2009, if REPOR TV The ASSESSOWCOLLECTOR will provide the City the following reports, if requested: Daily: General Ledger Distribution Report Weekly: Detail Collection Report (Sunirriary) Monthly: Tax Roll Sununary (Totals Only) Year-to-Date Stminlary Report Detail Colledion Report (Summary) Distribution Report {Summary) Delinquent Tax Attorney Tape Annual: Paid Tax Roll. Delinquent'rfj\ Roll CUrreml'ax Roll A selection of tile. above listed Reports will only be available by internet access, The ASSESSORICOLLECTOR will provide the City the General Ledger Revenue & Expense Report monthly as required by Sec. 3 1. 10 of the Texas Property Tax Code. Iff C0.11PENSATION In consideration of the services to be performed by the ASSESSOR/COLLECTOR, compensation for the services rendered is a rate of sixty five cents (S.65) per account. The number of accounts will be based on the October billing roll certified to the ASSESSOR/COLLECTOR by the Appraisal District. Now accounts added by the appropriate Appraisal District will be billed, to the entity. The ASSESSOR/COLLECTOR will Invoice for all these accounts by January 15, 2009 with payment to be received from the City by February 15, 2009, The scope of services identified in this contract does not include the administration of a rollback election. h1 the event of a successful rollback election, these costs incurred by the Tarrant County Tax Office will be separately identified, billed, and paid by the entity. IV A UDITS The ASSESSOR/COLLECTOR, will provide to the City auditor necessary explanations of all reports and access to ASSESSOR;COLLECTOR in-house tax system computer terminals to assist the City auditor in verifying audit samples of the financial data previously provided by the ASSESSORL'COLLECTOR during the past audit period. T4X RATE REQUIREMENT The City will provide the ASSF-SSOR/COLLECTOR, in writing, the City's newly adopted tax rate and exemption schedule to be applied ror assessing purposes by Friday, September 12, 2008. Under authority of Section 31.01 (h) of the Property Tax Code, any additional cost of printing and mailing tax statements because of late reporting of the tax rate or the exemption schedule will be charged to and must be paid by the City. If the City wishes its collection reports to be itemized as to maintenance and operation fund and interest and sinking fund, then tine notice advising of the new tax rate must set out the separate rates, as well as the total rate. The tax rate and the exemption schedule for each of the last five (5) years in which. an ad valorem tax was levied, 01. all prior years where there remains delinquent. tax, must be furnished in writing to the ASSESSOR/COLLECTOR at the time of the initial contract. VI. C'OMPLMNCE WIT II A.PPLIC,AI3L STA7VTES, 0RDI14'AJVCES, AND REGULATIOM in performing the services required under this Agreement, the ASSESSOWCOLLEC.TOR shall comply with all applicable federal and state statutes, final Court orders and Comptroller regulations. If such compliance is impossible for reasons beyond its control, the ASSESSOR/COLLECTOR shall immediately notify the City of that fact and the reasons therefore. VII. DEPOSIT OF FLWDS All funds Collected by the ASSESSOR/COLLECTOR in the performance of the services stated herein for the City shall be promptly transferred to the account of the City at tite City's depository bank. All payments to entities will be made electronically either by the automated. clearing house (ACH) or wire transfer. Wire transferred funds will incur an additional fee, which will be charged back to the City and deducted from those collected funds. The transfer fees charged will be the same fees charged to the County by its bank depository. If the City desires its tax. disbursements to be made by wire transfer the ASSESSOR/COLLECTOR has no liability for the funds after initiation of the wire transfer of the City's finds from the COUNTY Depository to the City's designated depository. Vill INVESTME.IVT OF FLINDS The City hereby agrees that the COUNTY, acting through the COUNTY Auditor, may invest collected ad valorem tax funds of the City during the period between collection and payment, The COUNTY agrees that it will invest such funds in compliance with the Public funds Investment Act, The COUNTY further agrees that it will pay to the City all interest or other earnings attributable to taxes owed to the City. All parties agree that this Agreement will not be construed to lengthen the time period during which the COUNTY or the ASSESSOR/COLLECTOR may hold such funds before payment to the City. IX. .REFUiVDS Refunds will be made by the ASSESSOWCOLLECTOR except as set forth herein. The ASSESSOR/COLLECTOR will advise the City of changes in the tax roll which were mandated by the appropriate Appraisal District. The ASSESS0*RJCOLLLCI'OR will not make refunds on. prior year paid accounts unless the prior year paid accounts for the past rive (5) years are provided to the ASSESSOWCOLLECTOR. All refunds of overpayments or erroneous payments due, but not requested, and as described in Section 31.11 of the Texas Property Tax Code, will after three years from the date of payment, be proportionately disbursed to those entities contracting with the ASSESSOR./COLLECTOR. The contract must have been in force, actual assessment and collection functions begun and the tax account was at the time of the over or erroneous payment within the City's jurisdiction. The proportional share is based upon the City's percent of the tax accounts total levy assessed at the time of receipt of the over or erronet-xis payment. In the event any lawsuit regarding the collection of taxes provided for in this agreement to which City of North Richland Hills is a party, is settled or a final judgment rendered, and which final judgment is not appealed, and the terms of such settlement ageement or final judgment require that a refund be issued by City of North Richland Hills to the taxpayer, such refund shall be made by ASSESSOR/COLLECTOR by debiting funds collected by ASSESSOR/COLLECTOR. on behalf of City of North Richland Ifills and remitting such refund to the taxpayer in conformity with the terms of the settlement agreement. or final judgment. X DELINQUENT COLLECTIONS The ASSESSOR/COLLECTOR will assess and collect the collection fee pursuant to Sections, 33.07, 33.08, 33.11 and 33.48 of the Property Tax Code, when allowed. The ASSESSOR/COLLECTOR will collect attorney fees that are specified by the City through written agreement with a delinquent collection Attorney. The ASSESSOWCOLLECTOR will disburse the amount directly to the City for compensation to a Finn under contract to the City. If the delinquent collection Attorney contracted by the City requires attendance of ASSESSOR/COLLECTOR personnel at a court other than the District Courts in downtown Fort Worth, and the COUNTY is not a party, the employee's expenses and proportionate salary will be the responsibility of the City and will be added to the collection expenses and charged to the City. The ASSESSOR/COLLECTOR will not be responsible for the collection of prior year delinquent accouas unles,,; all delinquent accounts information is provided to the ASSESSOR/COLLECTOR. V TE XVI OF A GREEIVENT This Agreement shall become effective as of the date hereinabove set out, and shall continue in of dw-ing the 2008 tax year, unless sooner terminated by providing sixty (00) day written notice, as outlined in paragraph XII. XIL NOTICES Any notices to be given hereunder by either party to the other may be effected, in writing: either by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the address of the parties as they appear in the introductory paragraph of this Agreement, but each party may change this addr o-s by written notice in accordance with this paragraph. Fill, MISCELLANEOU'S PROVISIONS This instrument hereto contains the entire Agreement between the parties relating to the rights herein granted and obligations herein assu ►tied. Any oral representations or modifications concerning this instrument shall be of no force or ettect. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of die parties created hereunder are performable in Tan -ant County, "Texas. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives and successors. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or enforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenl'orccable provisions had never been contained. This Agreement and the attachments hereto constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. I ?cecute.d on the day and year first above written, Tarrant County, Texas. BY.• BEM PRICE PRICE DAT k; TAXASSESSORICOLLECTOR TARRANT COUNTY FOR THE CITY OF NORTH RICHL ND HILLS: B Y. TITLE: FOR TARRANT COUNTY. BY. B. GLEN WHIT'LEY TARRANT COUNTYJUDGE APPROVEDAS TO FOR1ir1' * AAID CONTENT DATE DA Its 8Y. DISTRICT ATTORitiEY'S OFFICE DATE �,Ay law, the District Attarney':s office may only advise or approve contracts or legal do=ments 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 iegal. perspective of cu: r_1 :enY.. Our approval of this d.oc.iament: 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. respect =.%re attorney(s). CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: TPowell /LKoonce Council Meeting Date: 6 -23 -2008 Agenda No. B.3 Subject: PU 2008 -019 Award Bid #08 -033 Interior Painting - City Hall to Artistic Painting Co. in the amount of $51,672.00 The approved Building Support Services Capital Improvement Program provides funding for this project that includes painting approximately 54,950 square feet of interior walls, ceilings, painted metal doors, and painted door and window frame assemblies in the Council Chamber, City Management Offices, Human Resources, Public Records, Utility Billing, Public Works Administration, Planning & Inspections, Finance & Budget, Information Services, Lobby & Common Hallways, the Breakrooms and Restrooms. This is a continuation of the long range capital improvement plan for City facilities. Due to normal use during the past twelve (12) years, offices being rearranged, and changes in office occupancy; the painted walls have yellowed, become dingy and have holes from items being hung. Painting all the interior will make the facility more consistent in appearance and bring the aesthetics of the facility to an acceptable level. Notice of the Intent to Bid was advertised in local newspapers, as required by State Statute and posted on the City Website. Eleven (11) vendors were contacted and requested to participate in this process. Bid specifications were viewed on the City Website by four (4) additional vendors. Six (6) vendors attended the pre -bid meeting. Three (3) bids were received from the following firms: VENDOR Artistic Painting Terrell Paint RBI Corp. Amount to supply all materials $11,672.00 $9,158.00 $7,620.00 Amount to supply labor and supervision $40,000.00 $44,538.00 $87,401.25 PROJECT TOTAL COST $51,672.00 $53,696.00 $95,021.25 Calendar day to complete the project: 45 52 100 PAYMENT DUE UPON COMPLETION Q Q Q Staff has determined that Artistic Painting Company was the lowest, qualified bidder and recommends accepting their bid. Artistic Painting Company meets all requirements and timelines as set forth in the specification documents. Artistic Painting Company has performed several painting projects for the City in the past and has always met or exceeded performance requirements. Recommendation: To award Bid #08 -033 Interior Painting - City Hall to Artistic Painting Co. in the amount of $51,672.00. CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: LFiorella /LKoonce Council Meeting Date: 6 -23 -2008 Agenda No. B.4 Subject: PU 2008 -020 Renew Annual Contract for Audit Services with Patillo, Brown & Hill, LLP Each year in the approved budget, Council appropriates funds for independent audit services. On August 22, 2005 Council awarded Bid No. 05 -1245, Annual Contract for Audit Services to Patillo, Brown & Hill, LLP (PU2005 -035). In June of 2005 the City requested proposals for auditing services from local, regional and national accounting firms. The proposal specifications were prepared by staff to ensure conformance with nationally accepted governmental auditing standards while promoting and protecting the interests of the City of North Richland Hills. The proposal described relevant aspects of the audit process from start to finish. The original contract was for the period beginning September 1, 2005 through August 31, 2008. There are two (2) options to renew this contract for additional twelve (12) month periods. Services provided include, but are not limited to, the annual audit of the City's financial statements, review and printing of the Comprehensive Annual Financial Report, State and Federal Grant auditing and reporting, and compliance testing of the requirements of the Texas Public Funds Investment Act as amended. Patillo, Brown, and Hill, LLP has provided audit services for the City for the past three fiscal years. The firm's professionalism and independence supports the department's priority to comply with Council's goal of "Financial Stability." The partners of the firm have proven they are committed in providing outstanding customer service to the City of North Richland Hills while providing thorough examination of our records. To maintain costs for this service, the accounting division has implemented an electronic audit data program. This program supports environmentally friendly information, and will help to keep audit fees stable with little, or no, annual increase in costs. Staff recommends that the contract for the professional audit services be renewed with Patillo, Brown & Hill, LLP. The firm has notified Purchasing in writing that their prices will remain firm until August 31, 2009. The Purchasing Department has reviewed the current contract that is in place and recommends renewing with Patillo, Brown & Hill, LLP for the first twelve (12) month renewal period. Recommendation: Authorize Renewal of the Annual Contract for Audit Services with Patillo, Brown & Hill, LLP Pw olasing NRH CITY OF NORTH RICH AND H11.1S May .14 200$ Patillo, Brown & Hill, LLP Attn: Todd Pruitt 401 W. Highway 6 Waco, Texas 76702 Re: RFP N6. 05-11-45 Annual Contract for Audit Services Dear Mr. Pruitt Above referenced contract was for three (3) years with two (2) options to renew for additional twelve (12) months each. The original contract was for the period of September 1, 2005 through August 31, 2008. The effective dates for the first renewal option will run from September 1, 2008 through August 31, 2009. The North Richland Hills Purchasing Department hereby extends an invitation to Patillo, Browii & Hill, LIT to accept the first option for an additional one (1) year period Im this contract as awarded in August 2006. Please mark the appropriate response below and P your signature above your printedname. A.11 prices must remain firm for the Option Renewal period through August 31, 2009. (_,._,/Yes, Patillo, Browm & Hill, LLP will a=pt the offer to extend the same contract pricing through August 31, 2009. (,Pricing attached) Yes, Patillo. Brown & Hill, LLP will accept the offer to extend the contract upon acceptance of the enclosed price increase request. Submitted pricing will be firm through August 31, 2000. No, Patifljo, Brown & Hill, LUPI will NOT accept {ht~ offer to extend the same contract pricing through August 31, 2009. Please fax you Signed response to (817) 427-6151 by June 6, 2008 - Sincerely. C]a"n-LU., 44t4�' . ........ -�' J ie Brockway, Purchasijig Mifiger Todd Pruitt City of North Richland Hills Patillo, Brown & Hill, LLP P.O. Box 820609 * Nortrt Ridniand Hitis: Texas 76182-0609 7301 Northeast Loop 820 i (817) 427-6150 * Fax (817) 427-6151 r w M �► i r r a .# t t 1 1 i i 1 y i 1 i 1 E i 4 1 t 1 J SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE FINANCIAL STATEMENT AUDIT AND SINGLE AUDIT Concerti. over the level of fees for professioltal servim pervades busine=ss today, We are sensitive to this concern, and are cornrnitted to ensuring that all appropriate actions are taken to maintain . fees at reasonable levels through effective planning and coordination of our work with you. Our fee for these services will be at our standard hourly .rates, plus out-of-pocket costs (sueh as report printing, postage, travel expenses, and etc). Our hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. The following tables outline our proposed. estimated fees: Financial Audit and Report Issuance for Fiscal Year Ending September 38, 2005: Quoted Hourly Hours Rates Total Partners 46 155 $ 7,130 Managers 75 115 8,623 Senior -in- Charge 215 90 17,.200 Staff 440 65 28,600 Subtotal 61,555 Out-of-pocket expenses: Report printing Soo Travel costs 4,975 Postage and other costs 250 Total all - inclusive maximum price for 2005 financial audit and report issuance 67,284 Financial Audit and Report Issuance for Fiscal Year Ending September 30, 2006: F Quoted Hourly Hours Rates Total Partners 46 $ 156 $ 7,176 Managers 75 116 8,700 Senior-in-Cbarge 215 81 1.7,415 Staff 440 66 29,040 Subtotal 62,331 Out-of-pocket expenses Report. printing Soo Travel costs 5,120 Postage and other costs 250 Total all-inclusive maximumprice for 2006 financial audit and report issuance 68,201 Financial Audit and Report Issuance for Fiscal Year Ending September 30,2007; Quoted Hourly flours Rates Total Partners 46 $ 157 $ 71222 Managers 75 117 8,775 Sonlor-in-Chargo 215 82 17,630 Staff 440 67 29,490 Subtotal 63,107 Out-of-pocket expenses: Report printing Soo Travel costs 5,265 Postage and other costs 250 Total all-inclusive maximum price for 2007 financial audit and report issuance U Single Audit for Fiscal Year Ending September 30,2005: Partners Managers Senior-in-Charge Staff Subtotal Out-of-pocket expenses: Report production 'travel costs Postage and other costs Total all-inclusive maximum price for 2005 single audit services Single Audit for Fiscal Year Ending September 30, 2006: Quoted Partners Hourly 'Hours Rates 4 155 10 115 25 80 40 65 Single Audit for Fiscal Year Ending September 30, 2006: Quoted Hourly Rates S 156 1.16 81 66 Total 620 1,150 2,000 2,600 6,370 100 1,000 ..... _.259. $ ,,7,z720,. Total 624 1,160 2,025 2.640 6,449 100 1,000 250 71799, Hours Partners 4 Managers 10 Senior-in-Charge 25 staff 40 Subtotal. Out-of-pocket expenses. Report production Travel costs Postage and other costs Total all-inclusive roaximum price for 2006 single audit services Quoted Hourly Rates S 156 1.16 81 66 Total 620 1,150 2,000 2,600 6,370 100 1,000 ..... _.259. $ ,,7,z720,. Total 624 1,160 2,025 2.640 6,449 100 1,000 250 71799, Single .Audit for Fiscal Year Ending September 30, 2007: Partners Managers Senior-in-Charge Staff Subtotal Out-of-pocket expenses: Report production Travel oasts Postage and other costs Total all-inclusive maximum price for 2007 single audit services too 1,000 250 S 7Z878 The following is a summary schedule of professional fees for auditing services relating to the fiscal years ending September 30, 2005, 2006, and 2007 Quoted Total Cost Tots! Cost Hourly Fiscal Year Hours Rates Total 4 $ 157 628 10 117 1,170 25 92 2,050 40 67 2,680 7,720 7,799 6,528 too 1,000 250 S 7Z878 The following is a summary schedule of professional fees for auditing services relating to the fiscal years ending September 30, 2005, 2006, and 2007 Our stated all-inclusive maximum fees will. not be exceeded Wiless significant new audit, accounting, or regulatory requirements are imposed. If it should become necessary for the City to request the Auditor to render any additional services to either supplement the services requested in this request for proposals or to perform additional work as a result of the specific recommendations included in any report issued during this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the Finn shall be performed at the same rates set forth below: Partner Total Cost Total Cost Tots! Cost Senior Fiscal Year Fiscal Year Fiscal Year Ending Ending Ending DescV21hn 9/30/2005 9/30/2006 9130/2007 Financial Audit $ 67,280 $ 68,201 $ 69,.122 Single Audit 7,720 7,799 7, 7 Annual Totals S 75U, 0 $ 76,000 $ 77,000 Our stated all-inclusive maximum fees will. not be exceeded Wiless significant new audit, accounting, or regulatory requirements are imposed. If it should become necessary for the City to request the Auditor to render any additional services to either supplement the services requested in this request for proposals or to perform additional work as a result of the specific recommendations included in any report issued during this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the Finn shall be performed at the same rates set forth below: Partner $155 Manager 115 Senior 80 staff 65 CITY OF NORTH RICHLAND HILLS Department: Police Presented by: Jimmy Perdue Council Meeting Date: 6 -23 -2008 Agenda No. B.5 Subject: GN 2008 -051 Approve Agreement between the City of North Richland Hills and Motorola, Inc. for the Communications System Upgrade — Resolution No. 2008 -035 In the FY 07 -08 adopted budget, Council approved the allocation of funds to upgrade the existing communications radio console equipment. This project consists of upgrading the radio console firmware, software, and hardware to facilitate the use of the Microsoft Windows XP operating system. Currently, these machines are utilizing the antiquated Windows NT. The Windows NT platform is no longer part of the city's agreement with Microsoft and is therefore obsolete. Motorola will install all of the equipment in dispatch as well as the Ft. Worth Location. Motorola, Inc. is the sole source manufacturer and distributor for radio equipment meeting the specifications and communication requirements set forth for equipment compatibility, components, accessories, replacement parts and service. This project is being coordinated with the information services department. The total cost of this system upgrade is $78,891. The City of North Richland Hills will realize an $8,994 savings in programming fees if the upgrade is implemented concurrently with a planned upgrade of the City of Haltom City radio console equipment scheduled for July 2008. As part of the agreement, Motorola and the City of North Richland will execute a System Acceptance Certificate upon successful completion of the acceptance tests and final project acceptance. Recommendation: Approve Resolution No. 2008 -035 rZIRZ RESOLUTION NO. 2008 -035 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: 1. The City Manager be, and is hereby authorized to execute the agreement between the City of North Richland Hills and Motorola, Inc. for the Communications System Upgrade. PASSED AND APPROVED this 23rd day of June 2008. CITY OF NORTH RICHLAND HILLS '► Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Police Chief CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: TPowell /LKoonce Council Meeting Date: 6 -23 -2008 Agenda No. B.6 Subject: PU 2008 -021 Award the Carpet Replacement Project for City Hall to Shaw Industries and Interface America in the amount of $78,496.20. The approved Building Support Services Capital Improvement Program provides funding for this project which includes replacing approximately 24,012 square feet of carpet in the Administrative Offices, Human Resources, Public Records, Public Works Administration, Finance & Budget, Information Services, Lobby Stairs, Second Floor Landing, Emergency Stair Landings and three Restrooms Entries. This is a continuation of the long range capital improvement plan for City facilities. Carpet in these areas of City Hall was originally installed in 1996. The carpet is torn, patched, worn and stained. Replacing the carpet will extend the sustainability of the facility, reduce routine maintenance requirements, improve the indoor air quality and improve the aesthetics of the facility to an acceptable level. The Local Government Purchasing Cooperative (BuyBoard) has contracts in place for flooring and installation. Shaw Industries submitted quotes for the majority of the floor covering for this project. They submitted two separate quotes for the requested floor covering, each with the cost of installation by a local dealership /installer included. Shaw Industries Job# 6285 $67,504.00 Installation to be done by Retail Commercial Specialty Interface America Quote #100 $101992.20 Installation to be done by Retail Commercial Specialty Interface Inc. will be supplying the Libra carpet tile for the Public Records and Information Services area. This is the same carpet that is installed in the Utilities Services area, directly across the hall from Public Records. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the City to solicit competitive bids. Recommendation: To award the Carpet Replacement Project for City Hall to Shaw Industries and Interface America in the amount of $78,496.20 Phoney (800) 720-7429 Fax: (706) 271-0611 P. 0. Box 2128 Flail Drop 11A -A 1016 Vista Drive Dalton, GA 30722 ob Proposal Submitted To A A , ttentlon P Phone F Fax D Date Proposal Name J Job Name J Job 9 City Hall Carpet Replacement C City of North Richland Hills 6 628$ Street J Job Street P Proposal 10 6110 Dick Fisher Drive West 6 6110 DicX Fisher Drive West 7 7469 city, state and Z71P Architect D Date of Plans A Add# J Job City, State and Zip C Customer Job # C Customer PO I N Richind His, TX 76180 TX BuyBoard N NORTH RICHLAND HILLS, TX 76: N None N None We hereby Sunrnit speclilicavons ana esumatwu ivir; Item Deltription for QW UOM Mecca 8L. 70496110lungarese 2,452.00 SY $8.57 $21.013.64 Broadloom Installation (includes owner supplied 2,647.00 SY $4,00 $10,588-00 Carpet) Magnify UPAT. 04505!Slate 226-00 SY $1953 $4,413.78 Broadloom Instatlation 228-00 SY $4.00 $004.00 H1000 Multi Purpose Adh 07,00 Each $28.49 $1,908.83 Nora Rubber Tile 78000 Each $6,25 $4,875,0 Nora Rubber Adhesive 1.00 Each $175,00 $175.00 Nora Rubber Adhesive (S/R 165) 1,00 Each $60,00 $60,00 Cubicle Furniture Moving 5.00 Each $87.50 5437-60 Stair Labor 130.00 Each $3,60 $455.00 Base - Furnish & install 4" 6,600.00 LF $1,16 $7,590,W Standard Furniture Moving 2,873.00 SY $Z05 $5,889,65 Overtime Charges 2,873.00 SY 61.416 $4,165.86 Carpet Remavol 2,873.00 SY $175 $5:027,75 Base Bid Total. $67.6".00 Proposal Inclusions and Exclusions: 1. TX Buy Board Contract: 241 -06. 2, Proposal does not include removal of any materials containing asbestos, 3. please fax your Purchase Order to the Strategic Solutions Group at tax # 706- 271 -0611 to Intliale they order pro ss, A poichase order Is required before materials can be shipped, 4. Material title and risk of loss passes to the purchaser at the time of material delivery to the jobsite-I 5. Exleneive floor prep Is not inctucled in the price but may be nemssafy due to unforowen conditions of the sub - floor. This work may include, but is not firnited to, leveling or grinding, encapsulation or sealing, or extensive scraping of the sub-noot. Should extensive floor prep be requlmd, you Wit be notified and a price estimate for the completion of the additional work will the Prepared, 6: Price includes work as specifically stated in The above description for the quantities stated, Any circumstances that require additioil' 41 labor will be handled thr"h the change order process, 7. Exclusions, albs stock., major floor prep, furniture moving unless specified in proposal, disconnecting and moving of COMPutefs and electronic equipment, vacuuming and protection of finished products. 8. Local contact Brady Brackin, 800-424-7429. installation Partner. Retail 06mmercial Spemally Flooring, Rob Schoc*e 9, Price Is based on a consecutive installation poriod vifthout delays And is based on the customer altowing installation dews access to work a minimum of 8 consecutive hours a day unfit completion. Delays other than "acts of God" wig result in charges for dowl4ime. 10. Shaw Industfies does not provide warranties on any non-Show products. Customer: City of North Richland Hills Signed: Page 1 of Date. Proposal Inclusions and Exclusions: 1. TX Buy Board Contract: 241 -06. 2, Proposal does not include removal of any materials containing asbestos, 3. please fax your Purchase Order to the Strategic Solutions Group at tax # 706- 271 -0611 to Intliale they order pro ss, A poichase order Is required before materials can be shipped, 4. Material title and risk of loss passes to the purchaser at the time of material delivery to the jobsite-I 5. Exleneive floor prep Is not inctucled in the price but may be nemssafy due to unforowen conditions of the sub - floor. This work may include, but is not firnited to, leveling or grinding, encapsulation or sealing, or extensive scraping of the sub-noot. Should extensive floor prep be requlmd, you Wit be notified and a price estimate for the completion of the additional work will the Prepared, 6: Price includes work as specifically stated in The above description for the quantities stated, Any circumstances that require additioil' 41 labor will be handled thr"h the change order process, 7. Exclusions, albs stock., major floor prep, furniture moving unless specified in proposal, disconnecting and moving of COMPutefs and electronic equipment, vacuuming and protection of finished products. 8. Local contact Brady Brackin, 800-424-7429. installation Partner. Retail 06mmercial Spemally Flooring, Rob Schoc*e 9, Price Is based on a consecutive installation poriod vifthout delays And is based on the customer altowing installation dews access to work a minimum of 8 consecutive hours a day unfit completion. Delays other than "acts of God" wig result in charges for dowl4ime. 10. Shaw Industfies does not provide warranties on any non-Show products. Customer: City of North Richland Hills Signed: Page 1 of Date. phorw. 1000) 720 -7429 Fax: (706) 271-0811 R 4. Box 2128 Mail Drop UA -A 101$ Vista Drive i]ettan, GA 30722 vfttCxattfbm6g4 Proposal ICS: 745 We PROPOSE to perform the work complete in accordance with the specifications and as described above for the SUM of; Signature: Tere8a7 Taylor _Teresa Taylor87,r.QO Conditions of Proposal: 1. This prmosel rmy be withdrarn d rM scc*pted within 30 days of " irowance, Shaw wyl consider reaWrtarge rt��Cabtb t>; engage in nkgaiinttstns for rawtt+icr to in tt.iS fstYapersat„ 0Wudkty s>;inlfr4 & subcont=t That ifItt drates the terMs Of Jitha PMPO"' 2. This propnsaf ;sac ct tf! C *dlt r i9w acrid approval. prayrnaxtt tsrtrn are rtGt 3t1. Fttet tfu8 ittypie eG are sut Rtrct to &errvh,v a 7rar(tes rd 1 5" per month iTB e r statnurn }. In if�e rase of any ddsifft, CustonttSf 041 pay ,attaYr's masontame aeorray fens, and ooat8, ifiCluding those on any sweal, avast 4 no sutl. Cr ;act<:n is fated. 3, All wade saes toe perforlmd in a worftrnsrA*e m*nnw aodwdifV to industry stamdaids..Aresar to rttteive RuoriV sh. +ti be he€l and Ctaar of debrss, r�ny th�ingaS to the work shall to psilorrned orgy alter exot irdnn Of b wr6ftm i h"Ne vrdar. 4. Prior to camntancar�torr, of Sksrrer'ts vwc *'. (a) Ctastbr�r ahati tact all cxarlorl stab o ors rp iving litaar'rt fr r vata'x t!trissit n IavEtg arrd alkalinity per s.S f.+i t 689 and provide written testdts to &taw, irwMinfl i List of at-y graters apWued j the concrete stilt. f100C (b) It i.UM01'"Of dOea nM Q!LZY'. t such (Upoj*fs at IeBst 10 asys pear to errant ne errent G Show's work, then Crystt r shall provide Show vrli?r $cress to all taneeeta'r rut} flows for approp"Ata faatie)y and Cub%mar Shall be restQnsiolj for >ta rusts s f zwctr tasWtq; acrd (o) ,rimy t611=e11e SO flows h0 rneetiny ftW0fftcttrr ,*W rtrtuaerilen" ; fps instaila n will rrxttuird V)rret tsar *. yr tYia Ex cisrin t 3t sepnr#ttrt wraiver .s reemx nt. 5. Ail Wom is eoritn"ni upmn stniteee, accidetnts oz delays tieyeld Sttflwr'a C�ntrul. Cusco! r * It ttrrry inatira,ac for sit hntards, +nsdudtri..2 tins. Shire's workem are fully covered b WorkaesComp6ftiatOrt ano Liab0ity Insurian.w. t1. Cuss rAw roprcoe is alt! warrants #tat: (a) t14 projeyci situ ca�ta:nst rid hamedn'us of other wrigeraata zutrs4an xis, eAhe< eaxpose:d or cant e�,ies+4; or ra} t;u�s�*!jar has riven written nofte to Shaw of al) Such su6statts.ts and twir k xatton(s). To tra IjAesf. reent perrnitiad by tray. Cusabnler shall ncerrtr.,Ky, defend and tzpld Shaer h&rnless from arvy dsn spe; claim, Jots, expense.' and attorney feOt realated to Shaev is li.abe ty, if A'xy, inrlatiii00 any fadaral or state staUAV related to hazy does or nMer danyr3rous sSittWanceti. Interface America Quote North Richland Hills North Richland Hills, TX 817- 427 -6165 DATE Quotation # Customer ID Quotation valid until: Prepared by: June 12, 2008 100 Sept. 30, 2008 Steve Savage Interface America Inc. Buy Board Contract No. 241 -06 Comments or special instructions: Please fax purchase orders directly to Bobbie Seymour at fax no 1- 800 - 830 -8506. Please list the requested ship date as well as the bill to and ship to address. 5.98 yds per carton Description AMOUNT Libra 50cm carpet tile: color Aquarius: 442.52 sq yds @ $23.71 per sq yard 3% overage @ $23.71 per sq yard 3- 4 gallon pales of Grid Set Adhesive @ $72 per pale Freight praid on Buy Board contract No sales taxes included $10,492.15 $284.05 $216.00 TOTAL $10,992.20 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6 -23 -2008 Presented by: Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: Planning & Development Presented by: Eric Wilhite Council Meeting Date: 6 -23 -2008 Agenda No. C.1 Subject: RP 2007 -06 Public Hearing and Consideration of a Request from Scott Bozarth and David Austin to Approve a Replat of Lot 1 and Lot 3 -R, Block 11, Meadow Lakes Addition Phases 3 & 4 into Lots 1 -R & 3 -R1, Block 11 (Located in the 6300 Block of Skylark Circle - 0.604 acres and 0.415 acres respectively) (Continued from the June 9) 2008 City Council Meeting) Case Summary: This replat requires a public hearing due to it being in a residentially zoned subdivision and the property owners, Scott Bozarth and David Austin, represented by Stembridge & Associates, are requesting a replat of Lot 1 and Lot 3 -R in Phase 3 & 4, Block 11 of the Meadow Lakes Addition into two larger lots designated as Lots 1 -R and 3 -R1. The newly created lots will be 0.415 acres and 0.604 acres respectively. Current Zoning: "R -2" single - family Thoroughfare Plan: These re- platted lots will have frontage as they currently do on Skylark Circle. Comprehensive Plan: The Comprehensive Plan depicts low density residential for this area. This is an existing, primarily built -out residential neighborhood. 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 no additional public infrastructure is required as the public streets, sewer, and water are completed along the frontage of these new lots. Planning and Zoning Commission Recommendation: Voted to Approve 5 -0. Staff Recommendation: Approval of replat request. Review Schedule: Application (Revised): 4/21/08 Final Hearing: 6/9/08 Staff Review & Scheduling: 7 weeks Applicant Revision Time: 0 weeks Total Review Time: 7 weeks *Postponed from June 9 to June 23 because applicant was not present at public hearing. E rs n LOCATION MAP NE Loop 820 Meadow Lak s p6ye Lot 1 & 3 -R, Block 11 Meadow Lakes Addition Riviera Drive City of Haltom City N Iq RH RP 2007 -06 Replat Meadow Lakes Addition Phase III &IV, Lots 1R and 3R1, Block 11 FE Prepared by Plannirig 8/17/07 0 195 390 700 1,170 1,560 AERIAL PHOTO WAW M -W ; 6 1, 44 C5 PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: RP 2007 -06 Applicants: Scott Bozarth and David Austin Location: 6300 Block of Skylark Circle, (1.019 Acres) You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A public hearing is being held to consider a request from David Austin to replat Lot 1, Block 3, and Lot 3 -R, Block 11, Meadow Lakes Addition Phase I I I and IV, to Lot 1 -R, Block 3, , and Lot 3 -R1, Block 11, Meadowlakes Addition Phase III and IV. Public Hearing Schedule: Public Hearing Dates : PLANNING AND ZONING COMMISSION THURSDAY, MAY 15, 2008 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, JUNE 912008 Both Meetings Time: 7:00 P.M. Both Meetings Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS David and Mary Austin. Austin LivingTnist 6332 Skylark. Circle Fort Wort.h,'I*YX 76.180 Phillip & Linda Jacobson 6324 Skylark Circle North Richland Hills, TX 76180 Scott Bozarth 6720 Riviera Dr. North Richland Hills, TX 76180 Farukh AM-= 5924 Mahotea Bootie Trl Westlake, TX 76262 Ronald and Cathy Met"arland 6317 Skylark. Circle North Richland Hills,'FX 76180 Toby Daley 1w 6320 Skylark Circle Fort Worth, TX 76180 Maria. Guadalupe Alba 6344 Skylark Circle Fort Worth, YX 761.80 David Pokluda PO BOX 14765 Fort Worth, TX 76117 Robert & Jessie Brooks Charles & Faustine Dorsey 6329 Skylawk Circle 6325 Skylark Circle Fort Worth,'I'X 76180 Fort Worth, TX 76180 Robert & Dolores Pope 6328 Skylark Circle Fort Worth,'I'X 76180 William J III & Julie Billner 6321 Skylark Circle North Richland. Hills, JX 7618(, Chris 'frent 6348 Skylark Circle Fort Worth., TX 76180 Michael Grant 6333 Skylark Circle Fort Worth, TX 76180 PLAT EXHIBIT ---- -------- sckF '93 -IC -20 3 40 0 120 LDCAT'ON MAD 27 WADOW LA<S-"-XlL 1: FiF 'A,'; 00 CP011.1— '673 _ 0. one i—N C.— an ns c'y. F 1.1Q.606. 2W ka• lim T.— VA_ tL`_.1_I1 Oil SP, M-1 :N 07676 Z.-9 C.- -at C—w, 24 j, �OT 3-p1 960 so LOT . 13 ILL; I KIM ",A 10. C., c .1 ttIt city .1 4" NON- Ac IN - ------ - --- p . PW.% '_ LA.g a Ct ta5t I, &Lft 'w I, C',ft P:IqT OF BOCK "T MEAPJW -AKES- PHASE 9 M-1 :*l Mort/ R --, ZOWD Is 5 r",-Ar—W A1014C M7 S'Df Cl kGT 3k &OCK 11. IdACOC LAKES �Q ES FW N RECOMCC IN A. 5,_IC 1000. PJj ArCMS, TAR%'.- COLNT 'ETAS. TC K A&VIDCK.D By ntS 'ERA, i"Kis CcAthi ASSW,,,-R OWNER/DEVELOPER OWNERIDEMOPER SCOTT ROZARTH DMb'E. AlV§71N "2 DIM LANE "T.? srru" ONCLAr MW lmz Hjus. Ims 711M 671 -sane 767 -0001 a"r_4'E Cf SLOftrig 5T.Tr Or 'r-s 'wwr a,' 1-7 494.1• CA, 0 'Wh %,—. SURVEYOR Aa ABS SURVEYING 4 L. AULVAP SrAW SUM 8 A"7W Clff. 72W 76117 (MR) "7 -0110 t"Z) 047-0024 FAX' -oft, jz; mm c— ", ILL. KAI-wc At • 6• IIIIIM L.D m...Ct . I'm NWA V4 "1/2 on 1�m " ow w . - " C, — 1., . .a 17 '=X ILIA' I- .,I-IA uKls _d "A —1 cPrvrr ct RFPLA T or Lot I-R & Lot 3-RI, Block 11 MEADOW LAKES - PHASE III & PHASE N our Or 7718 W.A. TRWLF .SURVEY, ABSTRACT NO. 1520 NZM A m7lAr or Lor i, * Lor v, much ii. or moor urp - PHASE in A PRASS IV. AN AMMON To 7117 MY or NVRjW RICULAND MLLS, rA"A" CoVmy. MrAS AS RSCOAM N CAMET A, 3Lmr es & 3o, PrAr ircow. uxuw couNm mmi AS AXr*AM JN CAWNfr A. SUAr JOW, PU7 JWWRA% TAXONr COUNM Ma. AIM PKEPAJW: AL'IWARY 04, ZW7. RP 2007-06 MIN PLAT rAZA IN CANINWr __ SLIDZ—. EXCERPT FROM THE MINUTES OF THE MAY 15, 2008 PLANNING AND ZONING COMMISSION MEETING RP 2007 -06 Public Hearing and Consideration of a Request from Scott Bozarth and David Austin to Approve a Replat of Lot 1 and Lot 3 -R, Block 11, Meadow Lakes Addition Phases 3 & 4 into Lots 1 -R & 3 -R1, Block 11 (Located in the 6300 Block of Skylark Circle -0.604 acres and 0.415 acres respectively). Chairman Randy Shiflet opened the Public Hearing at 7:06 p.m. Scott Bozarth, 6720 Riviera, NRH, TX 76180, came forward in support of this replat. He stated that they have been working on this for about a year. They purchased two lots and were re- platting them staying with the same residential zoning that it was already zoned. Their plans are to build a house to meet the existing requirements. They have worked with Greg VanN.eiuwenhuize and they have waived the grading and drainage plan until the time of construction of the new home. Eric Wilhite said that this is a somewhat complicated re -plat. It will be moving an existing lot line. There is an existing easement that is on the lot line. They had to go through the franchise utility departments to sign off on the dedicated easement on the previous plat. The easement will be abandoned by this plat. The subdivision is zoned R -2 and anything that gets built on this property will also meet those guidelines. The plat meets all subdivision rules and regulations and staff recommends approval. Chairman Shiflet asked if he had understood the explanation correctly that it was just a matter of getting all of the utility companies to agree to abandon the easement? Eric Wilhite said yes. That was one of the key elements in getting this through. If the lot line was moved by replat then the easement would have to be dealt with. There is nothing in the easement and never has been. Since it was considered a dedicated easement they were required to contact the utility companies to have them sign off stating that they would never use it and would not need it. All of the city issued documents have been submitted with this plat and are in the file. They are permitted to place that note on the plat that the easement will be abandoned. With no requests to speak, Chairman Shiflet closed the Public Hearing at 7:08 p.m. APPROVED Bill Schopper, seconded by Mike Benton, motioned to approve RP 2007 -06. The motion was carried unanimously (5 -0). CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 6 -23 -2008 Presented by: Elizabeth Reining Agenda No. C.2 Subject: TR 2008 -01 A Public Hearing to Consider an Amendment to the North Richland Hills Zoning Ordinance by Amending Section 118 -723, Garage Sales, and Amending Chapter 18 Business by adding a section to include provisions for individual resident garage sales and neighborhood garage sales - Ordinance No. 2996 Summary: At the direction of the City Council staff developed recommended amendments to the existing garage sale permit regulations. These recommendations were discussed with City Council during work sessions and were brought forward to the Planning and Zoning Commission for discussion, review and recommendation for adoption. Planning and Zoning Commission recommended adoption of the changes at its June 5, 2008 meeting. The amendments are intended to provide neighborhood garage sales for both those neighborhoods that have legally established homeowners associations as well as ones without homeowners associations. The proposed language would give flexibility to provide opportunities for residents that wish to have group garage sales in neighborhoods with homeowners' associations and without homeowners' associations. These amendments are intended to provide for neighborhood garage sale events, but limit them to one (1) per year for two consecutive calendar days but prevent them from becoming business type ventures. A neighborhood group would be defined as six or more homes for purposes of the permit. The permit fee would be $30. This proposal provides that neighborhood garage sales would not be counted against someone's allowed individual garage sales. A homeowner should not be restricted in his own garage sales if he is not active in his homeowners' association or neighborhood group, or cannot participate, for whatever reason, in the neighborhood garage sale. The proposed amendment language has not changed since Council last reviewed the item in work session. The proposed language for neighborhood garage sale permits is as follows: 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 six or more homes in a contiguous 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. The garage sales provisions are being relocated out of the zoning ordinance but this chapter will still contain some language concerning garage sales directing that the regulations of garage sales are in chapter 18. Planning & Zoning Recommendation: To approve the proposed amendments by 4 -0 on June 5, 2008. Staff Recommendation: To accept the Planning and Zoning Commission recommendation to approve the amendments and adopt Ordinance 2996 (Excerpt from June 5 Planning & Zoning meeting minutes) TR 2008 -01 A Public Hearing to consider an amendment to the North Richland Hills Zoning Ordinance by amending Section 118 -723, Garage sales, and amending Chapter 18 Business by adding a section to include provisions for individual resident garage sales and neighborhood garage sales. Chairman Shiflet opened the Public Hearing at 7:02 p.m. Eric Wilhite stated this was an amendment to the current regulations regarding garage sales. The primary purpose is to give more clarification and regulation regarding neighborhood garage sales where 6 or more neighbors or neighborhood associations hold one garage sale event. There is currently no provision in the ordinance for this type of event, only the individual holding 2 sales per year. This will amend Chapter 118 -723 in the Zoning Section and more regulations to the Business Code, Chapter 18 to include provisions for individual residential garage sales and neighborhood garage sales. Currently there is a fee of $6.00 for residential garage sales; this will add a fee of $30.00 for neighborhood or group sales. Staff has reviewed the ordinance verbiage with the City Attorney and an ordinance will be in place with your recommendation for approval at the next City Council meeting on June 23, 2008. Chairman Shiflet asked if anyone wished to speak in favor or opposition of the proposed changes, there being none he closed the Public Hearing at 7:04 p.m. APPROVED Mike Benton seconded by Don Bowen, motioned to approve TR 2008 -01. The motion was carried unanimously (4 -0). ORDINANCE NO. 2996 AN ORDINANCE AMENDING CHAPTERS 18 AND 118 AND APPENDIX A OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, ESTABLISHING REGULATIONS FOR GARAGE SALES; AMENDING THE ZONING ORDINANCE TO ALLOW GARAGE SALES SUBJECT TO COMPLIANCE WITH REGULATIONS CONTAINED IN THE CODE OF ORDINANCES; ESTABLISHING FEES FOR GARAGE SALE PERMITS; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 18 -735 of the North Richland Hills Code of Ordinances, is hereby amended to read as follows: "Sec 18 -735. Garage sales. a) Single Residence Garage Sale. In conjunction with the residential occupancy of a one or two family dwelling, the occupants thereof may offer their personal belongings and household effects for sale to the general public in a garage or other setting located on the property; provided, however, that a permit is granted by the city, the interval between such sales shall be at least six months, and no sale period shall extend for more than two consecutive calendar days. The occasional sale of personal automobile, trailer, boat, and like belongings may be allowed without a permit. b) Neighborhood Garage Sale. 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 six or more homes in a contiguous 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." Section 2: THAT Section 118 -723 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Section 118 -723 Garage sales Temporary garage sales are allowed in all single family residential zoning districts by a permit regulated under Section 18 -735 of the Code of Ordinances." Section 3: THAT Appendix A of the North Richland Hills Code of Ordinances be amended by deleting the provision contained in Item 20 of Table 2 under Chapter 98 and adding a new provision under the heading Chapter 18. BUSINESSES to read as follows: "Location in Code Description Fee Section 18 -735 Residential Garage Sales Single residence $6.00 Neighborhood $30.00" Section 4: Any person, firm or corporation violating any provision of the comprehensive zoning ordinance as amended by this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each violation of any other portion of this ordinance shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 5: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 6: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 23rd day of June, 2008. CITY OF NORTH RICHLAND HILLS ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director CITY OF CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 06 -23 -2008 Presented by: Eric Wilhite Agenda No. D.1 Subject: FP 2008 -03 Consideration of a Request from the Birdville Independent School District to Approve a Final Plat of Lot 1, Block 1, Career and Technology Addition and Approve B.I.S.D. Agreement (Located in the 7000 Blk. of Mid - Cities Blvd. - 14.894 acres) Case Summary: This agenda item was tabled at the request of the applicant during the June 9, 2008 City Council Meeting and is being brought back to Council for consideration at the June 23, 2008 City Council Meeting. The applicant, Birdville Independent School District (B.I.S.D.), is final platting this 14.894 acre tract for the development of a Career and Technology School. The Career and Technology School will be associated with the high schools within the district and some students will have classes at both. The school will have classrooms and educational areas for trades as well as an operating banking facility. An agreement between the Birdville Independent School District and the City of North Richland Hills was initially prepared for consideration at the June 9, 2008 Council Meeting for the purpose of providing for the delayed installation of a traffic signal at the intersection of Mid - Cities Blvd. and the proposed development's drive access at Mid - Cities Blvd. The agreement also included provisions to allow the construction and use of an additional access drive onto Dick Fisher Drive W. subject to certain conditions. Some concerns about the wording of the agreement were expressed by Council during the June 9t" meeting. The agreement has been revised to address the concerns. Both the BISD School Superintendent and the City Manager have reviewed the Agreement and agree with the revised wording. A letter signed by both the Superintendent and the City Manager demonstrating support of the agreement is attached along with a copy of the agreement. The two issues (Signal Light on Mid - Cities and the additional driveway on Dick Fisher W) addressed in the agreement have specific and different reasons for being included in the agreement. Both issues will be explained below separately. Signal Light on Mid - Cities: After much discussion between BISD and city staffs about the anticipated traffic generated by the school it was agreed that instead of having the signal light installed at this time the City and BISD would agree to evaluate the traffic sometime in the future and if the signal light is warranted, BISD would be responsible to install the signal at that time. Staff's position has been that if the new Technology Center creates the need for a signal light then it should be paid for and installed by BISD. The changes being proposed by both parties would allow the traffic signal light installation to be delayed until such time in the future when the traffic volumes may increase to justify a signal light or as requested by the North Richland Hills Police Department with empirical data to justify the need for a traffic signal. Based on the attached agreement if either situation above exist then BISD would be responsible to construct the traffic signal or other traffic control solution within a specific time period. Additional Drive on Dick Fisher W: The site that BISD is building the Technology Center on is larger than what is needed for just the Center. So BISD has indicated that in the future there will either be a Phase 2 expansion of the Technology Center or another development behind the school on the south side of the property. BISD has indicated that they are not sure when the expansion or "other" development would take place on the southern end of the property. So the original site plan for the proposed Technology Center submitted to staff indicated one driveway to be constructed on Dick Fisher W aligning with Dick Fisher N with the current development plan and an additional driveway located on Dick Fisher W which would align with Dick Fisher S to be constructed in the future with Phase 2. BISD's request was supported by the TIA which indicated that the additional driveway was not needed at this time but a second driveway would be necessary with the "Phase 2" portion of BISD's development plan. During the review process BISD changed their position and requested that the additional driveway be constructed with the current plan instead of waiting for the future expansion. BISD offered to keep the driveway closed until the Phase 2 expansion or until a need arises, then the opening of the driveway would be evaluated by the City and BISD. This is the bases of how the additional driveway is addressed in the agreement. Staff is in support of the agreement but does have some concerns about the location of the second driveway. Since no one knows how and when the remainder of the school property will develop, it is difficult to evaluate the traffic impact that this development will have in the area. As Council is aware, the location of a driveway aligning with Dick Fisher S will certainly bring a lot more of the school traffic down the street that separates the Municipal Service Center and the Fire Training and Administration buildings. Dick Fisher S was constructed to residential street standards (width and thickness) when the complex was constructed in the 1980's. All of the city's heavy equipment must use Dick Fisher S in order to enter and exit the Service Center. Staff believes it would be better for BISD to wait until they know how the remainder of the property will develop before constructing the second driveway. There could be a safer location for the second driveway depending on how the remainder of the property developes. Staff believes that once the driveway gets constructed it would be very unlikely for it to be relocated in the future. In an effort to work with BISD and with assurances from BISD's engineering consultants that there are no safety issues associated with BISD's request to build the additional driveway at the requested location and there by placing more traffic on Dick Fisher S (mixing the school traffic with heavy equipment traffic), staff supports the agreement. The school district is finalizing the site plan and going through the review process with the Development Review Committee (DRC). Even though the site plan is not 100% approved by DRC it is very close. A preliminary copy of the site plan is attached for Council's review. Current Zoning: The areas of the subject tract that were not previously zoned "U" (institutional) were approved by Council at the June 9, 2008 Council meeting when this final plat was originally considered. Therefore all of these properties are now have "U" zoning. Thoroughfare Plan: The site has frontage on Mid Cities Boulevard, a P6D arterial with 110 feet of Right -of -way, and Dick Fisher Drive West which is an R21.1 local street. Staff is currently working to resolve access issues related to the City facility across Dick Fisher Drive West. Comprehensive Plan: The Comprehensive Plan depicts Public / Semi - Public 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 the developer will be required to assume 100% of the amount necessary for any infrastructure improvements. Planning and Zoning Commission Recommendation: Approved by a 5 -0 vote. Staff Recommendation: To approve the plat and the agreement. Review Schedule: Application: 3/10/08 Applicant Revision Time: 5 weeks Final Hearing: 6/9/08 Total Review Time: 13 weeks Staff Review & Scheduling: 8 weeks *Continued to June 23, 2008 meeting at request of BISD to update development agreement. Slephej) F Waddell, Ed.D. upertntenaent Birdville Independent School District 6125 East Belknap • Haltom City, 'Texas 76117 + 817- 547 -5706 * Fax 817 -838 -7261 + 1-ittp: / /www.birdville.k]2.tx.us Jute 19, 2008 The Honorable Mayor and City Council City of North Richland Hills 7301 NE Loop 820 North Richland ]~Tills, Texans 76180 Dear Mayor and Council Mcmbcrs: We have both reviewed the proposed agreement on the BISD Career and Technology Center traffic control matters. We believe that it is workable and we are in full agreement with the proposed memorandum of understanding. Sincerely, - j as -'e lAn IeA Stephen F. Waddell, Ed.D. Larry J. Cunningham Superintendent City Manager BIRDVILLE INDEPENDENT SCHOOL DISTRICT AGREEMENT This agreement is between the Birdville Independent School District ( "BISD ") and the City of North Richland Hills ( "City ") both of which are located in Tarrant County, Texas ( "this Agreement "). WHEREAS, BISD is building a facility which will become its Career and Technology Center ( "the Center "); and WHEREAS, City believes that a traffic signal will be needed at the intersection of Mid - Cities Boulevard and the Center's westernmost driveway, when the Center is opened for students, as shown on the site plan submitted with this Agreement ( "the location'); and WHEREAS, BISD does not believe that traffic generated by the student and faculty population at the Center will require a traffic signal and desires for the City to allow some time for study to determine whether a traffic signal will in fact be needed. NOW THEREFORE the parties agree as follows: 1. BISD agrees to pay for and cause a warrant study of the location to be conducted by a licensed professional engineer. The study will comply with the procedures outlined in the latest edition of the Texas Manual on Uniform Traffic Control Devices. The study will be initiated on a typical school day, as designated by BISD and agreed upon by the City, and within the first school year held in the Center. Either party may initiate the request for the study. Should the initial study not justify the traffic signal at the time such warrant study is performed, City shall have the right thereafter to perform other studies at the City's expense. The installation of a traffic signal shall be required if at least one traffic signal warrant conducted in accordance with the Texas Manual on Uniform Traffic Control Devices is satisfied. 2. City agrees to waive temporarily its requirement for installation of the traffic signal until the conditions of 1, above, have been satisfied. 3. The NRH Police Department may determine that the additional traffic on Mid - Cities Boulevard creates an unsafe situation and recommend the installation of a traffic signal. The installation of a traffic signal or other traffic control solution shall be required after the validation of the empirical data. 4. BISD shall pay all costs of acquisition and installation of the traffic control signal at such time as the conditions described in 1 or 3, above, are met. Following a determination that such signal is required, the signal shall be installed by BISD within six months after the City issues a building permit for the work. 5. BISD shall be allowed a second driveway on Dick Fisher Drive West at the intersection of Dick Fisher South and Dick Fisher West. 6. A lockable gate will be constructed at the Dick Fisher West southern driveway location (described in 5, above) by BISD. The gate will remain locked until such times as BISD and City may wish to evaluate the traffic or until BISD constructs a "Phase 2" expansion to the Career & Tech Center. Following the opening of the gate, the gate may remain open until or unless the NRH Police Department determines that the additional traffic on Dick Fisher Drive creates an unsafe situation, in which case BISD agrees to cause an evaluation of the open drive and see what changes must take place in order to improve the situation so that the drive can remain open. 7. BISD agrees that any property donated or dedicated, or to be dedicated, in the proposed development as well as all public improvements contemplated by this Agreement are roughly proportionate to the proposed development and waives any claim to any such dedicated or donated property or for reimbursement for any such public improvements beyond what has been agreed to by City in this Agreement. BISD further acknowledges and agrees that either no public infrastructure improvements have been required or that all prerequisites to a determination of rough proportionality have been met, and that any costs incurred relative to such dedication, donation or public improvements for such proposed development are related both in nature and extent to the impact of such proposed development upon City and its needs related thereto. BISD and City waive any and all claims they may have against each other to any and all rough proportionality and individualized determination requirements mandated by the U.S. Supreme Court in Dolan vs. City of Tigard, 512 U.S. 374 (1994) and by the Texas Supreme Court in Town of Flower Mound vs. Stafford, 135 SW3d 620 (2004), as well as any other requirements for a nexus between development conditions and the relationship and extent of impact of the development as related to a need for required public infrastructure, property dedication and park donation requirements. BISD reserves its right to appeal this final determination of proportionality herein established by the governing body of the City as provided by §212.904(c), Texas Local Government Code. Notwithstanding the foregoing, BISD hereby releases City from any and all liability under §212.904, Texas Local Government Code for claims concerning the cost of public infrastructure required by City from BISD for this development, as well as for attorney fees and costs which might be claimed thereunder. BISD, to the extent permitted by law, on its own behalf and on behalf of subsequent purchasers of the property which is included in the proposed development waives any right it may have to challenge or seek reimbursement based on the provisions of Chapter 395, Texas Local Government Code. 8. City will provide the inspection of the installation of the traffic signal, as required, and upon satisfactory completion of the work, the City will accept ownership and operation of the traffic signal subject to the terms of the maintenance bonds. 9. Upon completion of the work contemplated by the plat filed herewith, good and sufficient title to all public facilities constructed will be vested in the City. This Agreement was approved in its entirety at the meeting of the City Council of the City on the day of , 20081 by a majority vote of the Council. This Agreement was approved by the BISD Board of Trustees at a properly called meeting on the day of , 2008. CITY OF NORTH RICHLAND HILLS am ATTEST: Patricia Hutson, City Secretary Larry J. Cunningham, City Manager APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director BIRDVILLE INDEPENDENT SCHOOL DISTRICT 0 ,Board President APPROVED AS TO FORM AND LEGALITY: James B. Morgan, Attorney for BISD Ern F kl= r n RICHk AND F :I tz 71 vlo 7 .0J.1i Q LOCATION MAP EXHIBIT FOR REFERENCE ONLY vl SITE WORMATION; LEGEND THE IPC- 1—" 0. 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NW erri.M. r M M N ff- dry « 2000. b r...w•nf ______- __--- -__ - -. 200[ +. rNt.w Ms pw h MAY B. 20M .w, M Aa rot M rt� Cry CN.CA M.._.____.__,__.__... _,.__._..._._--- - -___. � tee.. P'sr.M N Z." C.rr�rr• ......__. �___________________ ___._ -_. aps- � « wm �� ___W�_ SROVi.LE Ar]EPENOFMT S01001, pSTR1CT SCNRICItFt. R00..LAR. • ASSOC;,AlES. WC. 6124 EAST WLKW {N CORPORATE so. WEST. SUM 700 FORT WORTFL TEXAS 76AT ARLINGTON. TEXAS TSOO$ Swot «.. nw..ey .r T..1+. t:.nwL.k. Are.. 4tT S«ntvT 0, 447 -5700 MET) 4145-301 . METRO 11171 640 -X212 FAX 16171 076 -7201 FAX OF) 645 -7640 T111S PLAT FILED N CAOOMET SLOE t DATE EXCERPT FROM THE MINUTES OF THE MAY 15, 2008 PLANNING AND ZONING COMMSSION MEETING FP 2008 -03 Consideration of a Request from the Birdville Independent School District to Approve a Final Plat of Lot 1, Block 1, Career and Technology Addition (Located in the 7000 Blk. Of Mid - Cities Blvd. — 14.894 acres). Victor Baxter, 4905 Pebble Ct., NRH, TX 76180, with Schrickel Rollins & Associates came forward representing the applicant. This is the final plat which is a continuation of the plat process. I have previously described the project and would be willing to answer questions that you might have. Bill Schopper asked if they will be able to get curb cuts to both Dick Fisher Dr. N and Dick Fisher Dr. S.? Mr. Baxter said that this issue is being negotiated between the school districts attorney and the city attorney. That is the school districts desire. The issue is on Dick Fisher Dr. S, this access would be gated and closed at a time that is deemed appropriate by the school district or the city. Mr. Schopper asked about the access onto Mid Cities Blvd? Mr. Baxter said there is an existing left turn lane to the Baptist Church to the North and the school district will build a left turn lane into the school site. That will be the primary point of access into the site from the north. We believe that a majority of the students will be coming from that direction. Bill Schopper said that his main concern is that access out of the site. Would the traffic move over to Dick Fisher Dr. N. over to the light coming out at the city complex? Mr. Baxter said yes. Any movement to the east would go over to the light at the intersection on Iron Horse. This school serves all three High Schools. The kids will be going in 3 different directions. We have Steve Stoner who has come to answer questions regarding the traffic study. Bill Schopper said that he would like to hear what he thought about the traffic and how it is going to work. Don Bowen asked if there would be any access to the neighborhood to the west? Mr. Baxter said no. There is a common open space that is maintained by the Homeowners Association for that neighborhood. This development does not intrude into that area at all. There will be a landscape strip that will go along the edge of the paving that will accent that. Steve Stoner, 2220 Camden Street, Dallas, TX with Deshazo Tang and Associates came forward and said they performed a traffic impact study for this site. The site is not a traditional school and there will be three primary periods so the vast majority of the traffic will be during the middle of the day. There aren't any after school activities so there won't be additional traffic during the peak hours. The primary access will be from Mid Cities. There is an existing full median opening and there will be left turn opportunities there, but they will also have the option to go to the traffic signal at Iron Horse. There will also be about 1/3 of the students that will be brought by bus. Steven Cooper asked what kind of traffic count there is during the peak hours? Mr. Stoner said that the numbers are approximate and there are a lot of assumptions based on how many students will drive and how many are bused. Based on our predictions for the highest period at around 9:30 a.m., there will be about 200 vehicles entering and 200 vehicles exiting. Bill Schopper asked what the current traffic counts on Mid Cities are now in that general area? Mr. Stoner said that there are about 1000 vehicles per hour at that time. Bill Schopper said that at a typical high school during peak time it is probably a lot more than 200 an hour. Mr. Stoner said yes. It was taken into account that there will be busing available also. Don Bowen asked how many students the facility is designed to serve? Mark Vandervort, 13130 Copental, Dallas,TX with HKS Architects. He said that there are 3 periods and they will vary because there isn't always the same number of classes in session. He said that there would be around 250 -300 students in the facility at any given time. The overall number of students that will be served is a greater number but the number of students that will be there at one given time is much less. Bill Schopper said that this won't be as much of an impact as they were originally led to believe. Eric Wilhite came forward and said the plat does meet all subdivision rules and regulations. Staff has reviewed and there was a substantial traffic impact assessment that was reviewed at the same time as the site plan. The infrastructure plans have been submitted. This does meet DRC approval and staff recommends approval. APPROVED Mike Benton, seconded by Steven Cooper, motioned to approve FP 2008 -03. The motion was carried unanimously (5 -0). CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 6 -23 -2008 Presented by: David Pendley Agenda No. D.2 Subject: GN 2008 -047 Consideration of Adopting the 2006 International Building Code as Amended - Ordinance No. 3000 CASE SUMMARY: In a continuing effort to update our current building codes, Staff brings forth consideration of the 2006 International Building Code. Due to the number of codes necessary to complete the update, staff proposed to implement their adoptions in phases. This is the initial installment of the 2006 I- Codes, with the 2006 International Residential Code, Fuel Gas Code, Plumbing Code, Mechanical Code, and Energy Code to follow in the near future. This action follows suit with surrounding communities that have adopted or will soon be adopting the 2006 I- Codes. The Council appointed Construction Code Board of Appeals (which serves as our Technical Code Review Committee) concluded their meetings on May 22nd, 2008, and recommends approval of the 2006 International Building Code. 2006 International Building Code In our area of the country, the 2006 IBC will have minimal impact on the current requirements that architects, engineers & builders must meet. A majority of the changes have to do with learning a new way of determining compliance with maximum area and height restrictions. In many cases, the new code will make it easier to build by allowing more "trade -offs" when sprinkler systems are installed throughout a building. Below is a shortened list of items that will be changing under the 2006 IBC: • Creates two tiers of fire protection for high rise buildings beginning at 420 feet in height (due to 911). • Requires door closers between private garages and dwellings. • Improved description of "Low Hazard" industrial occupancies • Provides for enclosed mezzanines in sprinkled buildings • Provides for a new method in calculating the maximum size of mixed use commercial buildings. • Allows fire treated wood in buildings allowed to have combustible projections. • Requires smoke proof elevator lobbies in all buildings exceeding 3- stories in height (some exceptions exist). • Requires elevators in apartments over two stories in height • Requires sprinklers in restaurants, nightclubs and bars when the occupant load exceeds 100 people (formerly 300). • Increases the minimum ceiling height of a building from 7' -0" to 7' -61 . • Requires panic hardware in schools and assembly occupancies when the occupant load exceeds 50 (formerly 100). • Requires guardrails when a roof hatch is less than 10 feet from a roof edge. • Requires a minimum widow sill height of 24 inches in apartments and hotels. The citizens of North Richland Hills can be assured that since code changes are only approved by voting members of the International Code Council, the changes are deemed safe and appropriate for construction. Recommendation: To approve the recommendation of the Technical Code Review Committee and staff to adopt the 2006 International Building Code - Ordinance No. 3000. (Excerpt from Construction Code of Appeals meeting minutes — May 22, 2008) CONSIDERATION AND RECOMMENDATION TO ADOPT THE 2006 INTERNATIONAL BUILDING CODE, THE 2006 INTERNATIONAL FIRE CODE AND THE 2005 NATIONAL ELECTRICAL CODE WITH LOCAL AMENDMENTS Dave Pendley opened the meeting by introducing the newest member, Robert Nicholas, a local structural engineer to the board. Dave Pendley handed out a power point presentation which was given to the City Council during their pre- session recently. He explained that a few years ago the state mandated the 2003 IBC for minimum state building codes. It is anticipated that the 2006 IBC will soon be mandated during the next session. Our city is one of the last to adopt the 2006 IBC. In approximately 60 days we will be adopting the residential, mechanical, plumbing, fuel gas and energy codes as well. The power point handouts show highlights of the proposed changes for the IBC, NEC and IFC Codes. He explained that most of the IBC changes will have minimal effects on our contractors. Dave Pendley discussed changes to the 2006 International Building Code. Kirk Marcum explained the changes to the 2006 International Fire Code. Changes to the 2005 National Electric Code were discussed by Dave Pendley. Joe Crane asked if there have been any policy changes on how we are inspecting the main service grounds for plumbers using plastic plumbing? After some discussion, Mr. Pendley explained that we are still inspecting 5/8 rebar 20' in length. The purpose of the updates are to remain current on the latest technologies and construction methods, update building codes for state mandates, stay current with surrounding communities and improve our ISO ratings. ORDINANCE NO. 3000 AN ORDINANCE AMENDING CHAPTER 98 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, ADOPTING THE 2006 INTERNATIONAL BUILDING CODE AS AMENDED AS THE BUILDING CODE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING OTHER PROVISIONS OF SUCH CHAPTER 98; REPEALING OBSOLETE AND CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; AUTHORIZING PUBLICATION AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the North Richland Hills City Council desires to adopt the 2006 International Building Code with amendments recommended by the North Central Texas Council of Governments and other amendments proposed by staff in order to better provide for the safety of its residents and their property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Sections 98- 41(a), (b), and (c), 98- 42(a), 98 -62, 98 -63, 98- 92(a), 98 -93 and 98 -94 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 98 -41. Building inspectors. (a) In accordance with the prescribed procedures of this jurisdiction, the building official shall have the authority to appoint an assistant building official, building inspectors, and other related technical and clerical staff as may be approved. Where the term "building official" or "Code Official" is used in this chapter, it shall mean either the chief building official or his authorized representative. (b) An official or employee connected with the department of building inspections shall not be directly, or indirectly, engaged or connected with the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building within the City of North Richland Hills. Such officer or employee shall not engage in any work that conflicts with the official duties or with the interests of the department. (c) The building official, his designee, and /or a building inspector shall be authorized during reasonable hours to enter any building or premises in the discharge of their official duties, or for the purpose of making any inspection or reinspection of the structure." "Sec. 98 -42. Construction code appeals board (a) There is hereby created a construction code appeals board. There shall be seven members of such board recommended by city staff and appointed by the city council. No member shall be a city employee. Members may be removed by the council. At least one member shall be a registered master electrician; one shall be a state - licensed master plumber; one shall be a master mechanical contractor; one person shall be a registered design professional with architectural or civil /structural engineering experience and be duly licensed by the State of Texas; and all others shall be knowledgeable of construction methods and materials with at least ten (10) years of building construction experience. Each appointee shall serve for a two -year term, but may be reappointed. Four members shall have terms expiring June 30 of odd - numbered years, and three shall have terms expiring June 30 of even - numbered years. Four members shall constitute a quorum. The board shall select a chair from its members to preside at meetings, and may adopt rules of conduct of meetings. The building official and fire marshal shall be ex officio members without vote." "Sec. 98 -62. Failure to obtain a permit. When work requiring a permit is found to be in progress or completed and no permit has been issued for such work, the required permit fee shall be doubled and shall be charged to the contractor or homeowner doing all or part of the work. Continued failure to obtain a permit after having been duly notified is considered a violation of this ordinance. Sec. 98 -63. Fees. Every applicant for a building permit shall submit a written application to the building official and pay a permit fee prior to receiving said permit. The permit fee shall be determined according to the fee schedules contained in appendix A. (1) The permit fee for construction or reconstruction of single - family residential dwellings, multifamily residential dwellings and nonresidential structures shall be calculated by applying the fee schedule contained in appendix A to the estimated construction cost of the structure. Note: Tables with fee amounts are found in appendix A. The director of finance shall review all fees annually and adjust fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. (2) Every applicant for a sign permit shall pay the applicable fee as established in Table 3 in appendix A. In the event that the applicant does not return to obtain the applied for permit, all future permit requests may be held until either the permit is obtained or a 65 percent plan review fee is paid. (3) Every commercial building permit applicant shall pay a nonrefundable plan review fee which shall be 65 percent of the building permit fee. This fee is due prior to issuance of the permit. (4) The permit fee for miscellaneous type construction shall be calculated according to the fee schedule contained in Table 3 in appendix A. (5) The permit fee for swimming pools and hot tub /spas shall be as indicated in Table 3 in appendix A. (6) The minimum estimated cost for commercial tenant finish out or remodel shall be calculated as established in appendix A per square foot of occupied or controlled area. (7) The minimum estimated cost for automatic fire sprinkler systems shall be calculated at an amount established in appendix A per square foot of protected area." "Sec. 98 -92. Building permit fees. (a) All classes of construction (new, addition, remodel, alteration, etc.) shall pay a building permit fee that is assessed based on the valuation of the project. The fee shall be based on "Table 1 -- Building Permit Fees." in appendix A. The building valuation may be established using the most recent "Building Valuation Data" as published in the Building Safety Journal, published by the International Code Council or may be established as submitted by the permit applicant, which ever is greater. The valuation of construction shall include the fair market value of the work described on the application and shall include architectural, structural, electrical, plumbing and mechanical work. Except as specifically referenced in "Table 2-- Miscellaneous Permit Fees" in appendix A, the building permit fee shall be based on valuation." "Sec. 98 -93 Permit Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 90 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 90 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. The requirements of this section may be appealed to the Building Official. Sec. 98 -94 Fee Refunds (a) The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. (b) The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. (c) The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written request filed by the original permittee not later than 180 days after the date of fee payment." Section 2: THAT Section 98 -143 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 98 -143 2006 International Building Code Adopted. The International Building Code, 2006 Edition, together with Appendix I of such Code, as adopted by the International Code Council, Inc., in cooperation with the International Conference of Building Officials, a copy of which is on file in the office of the City Secretary, as herein amended, is hereby adopted by reference and designated as the Building Code of the City of North Richland Hills, the same as though such Code, Appendix and amendments were copied at length herein." Section 3: THAT Section 98 -144 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 98 -144 Amendments to the 2006 International Building Code ** *Section 101.1, change to read as follows: 101.1 Title. These regulations shall be known as the Building Code of the City of North Richland Hills, hereinafter referred to as "this code." ** *Section 101.2, change exception to 101.2 to read as follows: Exception: Detached one- and two - family dwellings and multiple single - family dwellings that are constructed on individual parcels (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the International Residential Code. * *Section 101.4; change to read as follows: 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code, when specifically adopted, shall be considered part of the requirements of this code to the prescribed extend of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. "Section 101.4.1; change to read as follows: 101.4.1 Electrical. The provisions of NFPA 70 (the National Electrical Code), shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. Any references herein to the ICC International Electrical Code shall refer to NFPA 70 National Electrical Code. "Section 101.4.5; Delete "Section 102.6; change to read as follows: 102.6 Existing Structures. The legal occupancy of any structure existing on the date of adoption of the code shall be permitted to continue without change, except as is specifically covered in this code, the city's substandard building regulations, or the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. "Section 103.3; change last sentence to read as follows: For the maintenance of existing properties, see Article X of Chapter 98 of the North Richland Hills Code of Ordinances. "Section 105.2; modify items #1, 21 41 61 10 and add items #14 & 15: change to read to read as follows: 1. Provided they meet all other local, state and federal requirements, one -story detached accessory structures used as tool and storage sheds, playhouses and similar uses, are exempt from building permits provided the floor area does not exceed 200 square feet. 2. Replacement of up to four eight -foot sections of fence. 4. Retaining walls which are not over 3 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding class I, II or III -A liquids. (Retaining walls placed in succession shall be considered one wall if, upon drawing a line from the bottom of the footing of the lower wall at a 45- degree angle up and towards the higher wall. The line intersects the higher wall or any material retained by the wall at any point.) Retaining walls 3 feet or taller must be designed by an engineer licensed to practice in the State of Texas. 6. Sidewalks and other flatwork less than 200 SF in area not located within the public right -of -way or more than 30 inches (762 mm) above grade, and not over any basement or story below, and are not part of an accessible route or intended for public use. 10. (Deleted) 14. Roof repairs on group R, division 3 and their accessory structures. For the purpose of this section, roof repairs shall include the repair and replacement of the material above, but not including, the decking material, lathing boards or sheathing boards. The building official may revoke this exception during periods of federal or state disaster relief efforts; in which case a building permit and contractor registration is required prior to commencement of roofing repair /replacement activities. 15. Freestanding satellite dishes not exceeding one meter in diameter that do not exceed 12 feet in height. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. "Section 105.7; change to read as follows: 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. A permit card which has been issued by the department of building inspection shall also be kept on the site in a prominent location and remain visible to the building official and /or his designee until the completion of the project. "Section 106.4.1; add section to read as follows: 106.4.1 Final as -built grading surveys. A final "as- built" grading & drainage survey must be provided to the building inspector prior to final inspection approval on all new construction (commercial and residential), swimming pools, and other features which may affect the City's engineered drainage designs. The grading and drainage survey must be prepared by a licensed surveyor and must include site elevations, finish -floor elevations, site features (i.e. trees, sod, A/C units, accessory buildings, etc.), drainage arrows, building foot print(s) and fence locations. The survey must also include a written statement by a licensed surveyor certifying that the final grading of the individual site conforms to the engineered drainage and grading plans approved by the Public Works Department for the particular lot/subdivision. The Building Inspection Department will not issue an approval of the feature /lot/subdivision until this survey and corresponding certification have been received and approved by the Building Official or his designee. "Section 109.3; change section to read as follows: 109.3 Required Inspections. The building official, upon notification, shall make the inspections set forth in the following sections. 109.3.1 Footing and foundation inspection. To be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with approved nationally recognized standards, the concrete need not be on the job. Where the foundation is to be constructed of approved treated wood, additional inspections may be required by the building official. 109.3.2 Concrete slab or under -floor inspection. To be made after all in -slab or under -floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 109.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification, when required, shall be submitted to the building official. 109.3.4 Frame inspection. To be made after the roof, all framing, fire blocking and bracing are in place and all pipes, chimneys and vents are complete and the rough electrical, plumbing, and heating wires, pipes and ducts are approved. 109.3.5 Steel and structural framework. Reinforcing steel or structural framework of any part of any building or structure, including those items of Section 109.3.1 and 109.3.2, shall not be covered or concealed without first obtaining the approval of the building official. 109.3.6 Fire - resistive penetrations. Protection of joints and penetrations in fire - resistance- rated - assemblies shall not be concealed from view until inspected and approved 109.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with the Energy Code and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HVAC and water - heating equipment efficiency. 109.3.8 Other inspections. In addition to the inspections specified above, the building official may make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws which are enforced by the department of building safety. 109.3.9 Special Inspections. For special inspections, see Section 1704. 109.3.10 Final inspection. To be made after finish grading and after wall work required by the building permit is completed. The Final Inspection shall take place when the building is completed and ready for occupancy. 109.3.11 Storm Water Pollution Inspection. During the course of construction, every inspection mentioned in section 109.3.1 through 109.3.10 shall also include a storm water pollution control inspection in accordance with section 1803.3.1. Construction sites failing to provide and /or maintain adequate storm water pollution controls may be disapproved regardless of the condition of the primary inspection. "Section 109.4; change section to read as follows: 109.4 Inspection Agencies. At the discretion of the building official, reports from approved inspection agencies may be accepted with prior written approval. If approved by the building official, inspection agencies must satisfy the requirements as to qualifications and reliability. "Section 109.6.1; add section to read as follows: 109.6.1 Covered or concealed work. Any work covered or concealed without inspection shall be considered to constitute an unsafe structure and subject to the corrective provisions of Section 115. Such consideration as an unsafe structure shall exist every day until the work is inspected and approved as being in compliance with this code. Inspections will not be performed until a valid active permit is obtained in accordance with this code. "Section 110; change entire section to read as follows: 110.1 Use and occupancy. Except for one and two family dwellings and their accessory buildings, no building or structure within the city shall be used; subjected to change in occupancy classification, use or character of use; occupied or reoccupied unless the building official has issued a certificate of occupancy. In the event that any building or structure is leased or subleased in separate lease- units, each lease -unit must have a certificate of occupancy issued to such separate lease -unit. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall remain visible at all times the building is occupied. No utility service shall be supplied to any building or separate lease unit until the building official has notified the supplier in writing after review, inspection, and approving the certificate of occupancy applicant. Exception: The building official may release utility services for a temporary period of time upon written request by the applicant for the purposes of cleaning and showing prospective rental properties. 110.1.1 Responsible party. Any person, firm or corporation who violates any portion of this section by using or occupying a building or structure without obtaining a certificate of occupancy shall be guilty of a misdemeanor and fined in accordance with this code and the city Code of the City of North Richland Hills, Texas. Both the tenant and the landlord shall be deemed guilty of violation in the event of use or occupancy of leased premises without a certificate of occupancy. 110.1.2 Authority to remove utilities. In order to further compel compliance with this section, the building official may order that no utility, including water and /or electrical, be provided to the building, or portion thereof, which is occupied or used without a certificate of occupancy. In the event that a leased portion of any building is in violation of the ordinance, the utility provided to the entire building may be discontinued upon order of the building official until the violation is abated. However, in the event that the portion of the lease portion of the building which is in violation of the ordinance is separately metered for water, then the building official's order to stop utilities shall apply only to that meter which controls the services provided to the portion of the building in violation of this section. The utility department shall give full force and effect to the order of the building official. "Section 110.3; Amend section 110.4 to read as follows: 110.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely and all sanitary and life - safety requirements are installed and completed. The building official shall set a time period not to exceed 60 days in which the temporary certificate of occupancy is valid. The fire marshal or his designee shall also approve all temporary occupancies. Exception: Group R, Division 3 and their associated accessory Group U Occupancies. "Section 110.4; Amend section 110.4 to read as follows: 110.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance, regulation, or law, or any provisions of the building codes adopted by the City of North Richland Hills. The building official is also authorized to, in writing, suspend or revoke a certificate of occupancy when it is determined that a building is used or occupied for activities that are not in compliance with Chapter118 of the City Code of Ordinances or used to house activities that are in violation of other local, state, and /or federal laws. "Section 113; Modify sections 113.1, 113.2, and 113.3 to read as follows: SECTION 113 -VIOLATIONS 113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, remove, convert or demolish, equip, use, occupy or maintain any building, structure or equipment or cause or permit the same to be done in violation of this code. 113.1.1 Unsafe buildings. Failure to correct an unsafe building as provided for in Sections 109.6.1 or 115, shall constitute a violation of this code. 113.1.2 Occupancy violations. Whenever any site, building, structure or equipment therein regulated by this code or any other code is being used contrary to the provisions of this code or any other code, the building official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the site, building, structure, or portion thereof, or equipment comply with the requirements of this code. 113.1.3 Failure to comply with notice. Failure to comply with a notice shall be considered a violation of this code. 113.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. Citations for violations of this code may be issued without requiring the issuance of a notice. When a notice is issued, it is not necessary to reissue a notice prior to issuance of any further citations for the same violation. 113.3 Prosecution of violation. A notice of violation issued or served as provided by this code shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the notice of violation pertains. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate legal proceedings at law or in equity to restrain, correct or abate such violation or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant hereto. "Section 115; Replace entire section to read as follows: SECTION 115 - UNSAFE BUILDINGS, STRUCTURES OR EQUIPMENT 115.1 Unsafe buildings. All buildings, structures or equipment regulated by this code that are structurally unsafe or not provided with adequate egress, or that constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members that are supported by, attached to, or a part of a building and that are in deteriorated condition or otherwise unable to sustain the design loads that are specified in this code are hereby designated as unsafe building appendages. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in this code or such alternate procedures as may have been or as may be adopted by this jurisdiction. As an alternative, the building official, or other employee or official of this jurisdiction as designated by the governing body, may institute any other appropriate action to prevent, restrain, correct or abate the violation. This may include ordering the disconnection of water and /or electrical utilities. A vacant structure that is not secured against entry shall be deemed unsafe. Materials used to secure a structure, which deteriorate or increase in susceptibility to fire hazard over time, shall be replaced or treated to eliminate the increase of the hazard. Any work covered or concealed without inspection shall be considered to constitute an unsafe structure. Such consideration as an unsafe structure shall exist every day until the work is inspected and approved as being in compliance with this code. Inspections will not be performed until a valid active permit is obtained in accordance with this code. 115.2 Dangerous Demolition. The Building Official may order the cessation of the wrecking or demolition of any building or structure within the City when the same is being accomplished in a reckless or careless manner or in such a manner so as to endanger life and property. When such work has been ordered stopped by the Building Official, same shall not be resumed until said official is satisfied that adequate precautions have been or will be taken for protection for life and property. To continue such work without the expressed approval of the Building Official shall constitute a violation of this ordinance, and each day that such work continues shall constitute a separate offense. "Section 202; add /replace definitions as follows: AMBULATORY HEALTH CARE FACILITY. A health care facility that provides outpatient services to more than five (5) patients that may be temporarily rendered incapable of self - preservation under an emergency condition with no overnight stays. This includes, but is not limited to, out - patient surgery centers, dental clinics providing sedation treatments, dialysis centers, plastic surgery centers and similar occupancies as determined by the Building Official, that use anesthesia, gas, drugs, or other medical treatments which may render patients temporarily incapable of taking action for self - preservation without the assistance of others. ATTIC. The space between the ceiling beams of the top story and the roof rafters. The installation of decking, other than the minimum decking required for equipment access and maintenance, shall be considered another floor. HIGH -RISE BUILDING. A building having any floor used for human occupancy located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access. CHANGE OF OCCUPANCY. A change in the purpose or level of activity within a building that involves a change in application of the requirements of this code. The definition shall also apply to usage of the surrounding site and access to and from the building, structure or site, as necessary to achieve the purpose of this code, and to obtain compliance with other codes and ordinances of this jurisdiction. CODE OFFICIAL. Where ever the term code official is used in this code it shall mean the Building Official. ELECTRICAL CODE. Electrical Code shall mean NFPA 70, the National Electrical Code, as adopted by this jurisdiction. For the purpose of this code, all references to NFPA 70 and /or the ICC Electrical Code shall be assumed to mean the Electrical Code as defined herein. ENERGY CODE. Energy Code shall mean the International Energy Code as adopted by this jurisdiction. FIRE PREVENTION CODE (FIRE CODE). Fire Prevention Code, or Fire Code, shall mean the International Fire Code as adopted by this jurisdiction. FUEL GAS CODE. Fuel Gas code shall mean the International Fuel Gas Code as adopted by this jurisdiction. HIGH -RISE BUILDING. A building having any floor used for human occupancy located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access. MECHANICAL CODE. Mechanical Code shall mean the International Mechanical Code as adopted by this jurisdiction. OCCUPIABLE SPACE. A room or enclosed space designed for human occupancy in which individuals congregate for amusement, educational or similar purposes or in which occupants are engaged at labor, and which is equipped with means of egress and light and ventilation facilities meeting the requirements of this code. Any space that could be assumed to be occupiable shall not be exempt to the requirements of this code by designing the space without means of egress, light or ventilation. PLUMBING CODE. Plumbing Code shall mean the International Plumbing Code in conjunction with the International Fuel Gas Code as adopted by this jurisdiction. RESIDENTIAL CODE. Residential Code shall mean the International Residential Code as adopted by this jurisdiction. ** *Section 303.1; change to read as follows: 303.1 Assembly Group A. {1st sentence to remain unchanged }. Assembly areas which are accessory to Group E occupancies are not required to be separated per Table 508.3.3; however, are considered Group E occupancies only for the application of Table 503. {remainder of section to remain unchanged) ** *Section 304.1; add or modify the following to the list of occupancies: Clinic- outpatient treatment that does not render an occupant(s) unconscious or incapable of self - preservation (refer to sec. 419) Fire stations without sleeping areas (fire stations with sleeping areas shall be considered a B /R -2 mixed occupancy) Police stations with detention facilities for 5 or less Professional services (architects, attorneys, engineers, etc., including dentists and physicians offices that do not conduct activities which may render an occupant(s) unconscious or incapable of self - preservation. Refer to sec. 419) * *Section 306.2; modify wording follow listing for "Beverages" to read as follows: Beverages (includes alcoholic beverages) Section 306.3; delete reference to beverage occupancy * *Section 307.1, item #9 and 11; changed to read as follows: 9. Refrigeration systems where the chemicals involved are in the piping, connected tanks, or overflow tanks directly connected as part of the operational system. Extra storage tanks, not directly connected as part of the operational system, are not considered part of the refrigeration system. 11. Stationary batteries utilized for facility emergency power, uninterrupted power supply or telecommunication facilities provided that the batteries are provided with safety venting caps and ventilation is provided in accordance with the International Mechanical Code and are separated as required by Table 508.2. ** Section 308.2; add a new use under 1 -1 as follows: State of Texas, Type A Assisted Living ** Section 308.3; change to read as follows and add two (2) new uses under 1 -2 as follows: This occupancy shall include buildings and structures used for medical, surgical, psychiatric, nursing or custodial care for more than five persons who are not capable of self - preservation. This group shall include, but not be limited to, the following: State of Texas, Type B Assisted Living State of Texas, Special Care Facility (remainder of section to remain unchanged) * *Section 310.1, Group R -2; amend last paragraph to read as follows: Congregate living facilities with 16 5 or fewer occupants are permitted to comply with the construction requirements for group R -3. * *Section 310.1, Group R -3; amend section to read as follows: Residential occupancies where the occupants are primarily permanent in nature and not classified as Group R -1, R -2, R -4 or I, including: Buildings that do not contain more than two dwelling units. Adult facilities that provide accommodations for five or fewer persons of any age for less than 24 hours. Child care facilities that provide accommodations for five or fewer persons of any age for less than 24 hours Congregate living facilities with five or fewer persons. This use shall also include townhouses where single - family dwelling units are constructed in a group of three or more attached units in which each unit is located on an individual lot, extends from foundation to roof, and has open space on at least two sides. Adult and child care facilities that are within a single - family home are permitted to comply with the International Residential Code. ** Section 403.1; changed to read as follows: 403.1 Applicability. The provisions of this section shall apply to buildings having any occupied floors located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access. ** Section 403.1, exception #3: changed to read as follows: 3. Buildings with an occupancy in Group A -5 in accordance with Section 303.1, when used for open air seating; however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants, stores, storage rooms, and similarly enclosed areas. * *Section 403.2, exception #2; delete. ** *Section 404.1.1; change definition of "Atrium" as follows: ATRIUM. An opening connecting three or more stories . . . {Balance remains unchanged) ** *Section 406.1.4; add item #4 to read as follows: 4. A separation is not required between a Group R -2 and U carport provided that the carport is entirely open on all sides and that the distance between the two is at least 10 feet (3048 mm). ** *Section 406.6.1; add a second paragraph to read as follows: This occupancy shall include garages involved in servicing of motor vehicles for items such as lube changes, inspections, windshield repair or replacement, shocks, minor part replacement and other such non -major repair. * *Section 421; add new sec. 421 to read as follows: Section 421 Ambulatory Health Care Occupancies 421.1 Ambulatory Health Care. The requirements of this section shall apply to health care facilities that do not provide overnight stays that are not otherwise a part of an 1 -2 Occupancy and provide outpatient services or treatment to more than five (5) patients that may be temporarily rendered incapable of self - preservation under an emergency condition. This includes, but is not limited to, out - patient surgery centers, dental clinics providing sedation treatments, dialysis centers, plastic surgery centers and similar occupancies, that use anesthesia, gas, drugs, or other medical treatments which may render patients temporarily incapable of taking action for self - preservation without the assistance of others. Ambulatory health care occupancies meeting the requirements of this section may be classified as a B Occupancy. 421.2 Multiple Occupancies. Ambulatory health care facilities which are not a part of an 1 -2 Occupancy shall be separated from adjacent occupancies or tenants by construction having a fire resistance rating of not less than 1 hour and constructed in accordance with sec 706.5. 421.3 Fire Protection. Ambulatory health care facilities shall be protected by an automatic sprinkler system per Section 903.3.1.1. Only the ambulatory health care occupancy need be sprinkled when located within multi- tenant buildings not otherwise required to be sprinkled by other sections of this code. 421.4 Fire Detection and Alarm Systems. Fire detection and alarm systems shall meet the requirements of Section 907.2.6. 421.5 Means of Egress. Except as stated below, the means of egress in ambulatory health care occupancies shall be in accordance with Chapter 10 for 1 -2 Occupancies. 421.5.1 Corridor Width. Corridors within ambulatory health care facilities shall meet the same requirements as found in Section 1016. Corridors in areas requiring bed movement shall be seventy -two inches wide. 421.5.2 Corridor Construction. Corridors within ambulatory health care centers shall meet the provisions of Section 407.3. Exception: Ambulatory health care centers with an occupant load of 10 or less 421.6 Electrical, Plumbing and Mechanical Systems. Electrical, plumbing and mechanical systems within ambulatory health care centers shall meet the respective requirements of an 1 -2 occupancy. ** *Section 503.1; add a second paragraph to read as follows: An occupancy, including those on occupied roofs, shall not be located above the story or height set forth in Table 503 except as modified hereafter. For non - separated mixed uses, in accordance with Section 302.3.1, no occupancy shall be located above the story or height of the most restrictive non - separated occupancy. * *Section 503.1.4 and 503.1.5; added to read as follows: 503.1.4 Yards. When yards are provided for determination of Exterior Wall rating, Exterior Opening Protection or increase in allowable area calculations, under this code or any previous code, they shall be maintained clear and unobstructed in accordance with their original approval, unless permitted to be removed or reduced by this code. 503.1.5 Fire protection systems. Any existing fire extinguishing system or fire alarm system, whether installed voluntarily or as a requirement of any previous code, shall be maintained and kept operational as required in the Fire Code. Such systems shall not be removed unless permitted to be removed or reduced by this code and the Fire Code. * *Section 506.2.2; add a sentence to read as follows: In order to be considered as accessible, if not in direct contact with a street or fire lane, a minimum 10 -foot wide pathway from the street or approved fire lane must be provided. (See International Fire Code for hose lay measurement pathway requirements.) * *Section 507.2; delete ** *Section 508.3; add exception #3 to read as follows: 3. Unless a fire wall is required to separate different construction types, Assembly uses accessory to Group E do not require the separation of Section 508.3.3. However, for the purpose of calculating height, area, construction type and ratios may be considered as separated uses. This non - separation benefit shall not apply when determining the fire area separations of Chapter 9. * *Section 508.3.2; add additional paragraph to read as follows: When using this option the most restrictive requirement of all the non - separated occupancy types shall apply: i. The occupancy with the most restrictive height, area and permitted increases shall apply to all occupancies. ii. When fire protection systems are required by the most restrictive occupancy, it shall apply to all occupancies. iii. The occupancy with the most restrictive exit provisions shall apply to all occupancies. iv. The occupancy with the most restrictive construction type, fire wall rating, fire barrier rating, fire partition rating, etc. shall apply to all occupancies. V. Most restrictive is applicable on an item by item basis. One (1) occupancy may be most restrictive for sprinklers, while another occupancy is most restrictive for area and height, while another occupancy is most restrictive for exits. *Table 601; Amend footnote "c" as follows: C. Except in Group F -1, H, M, and S -1 occupancies, fire protection of structural roof members, including roof framing and decking, shall not be required where every part of the roof construction is 20 feet or move above any floor immediately below. Fire - retardant treated wood members shall be allowed to be used for such unprotected members. ** *Table 602; replace footnote b with the following: b. Group R -3 and Group U when used as accessory to Group R -3, as applicable in 101.2 shall meet the requirements of the International Residential Code. Group R -2 and Group U carport, as applicable in 406.1.4, exception 4 shall be required to have a fire- resistance rating where fire separation distance is 10 feet or less. * *Section 603.1; add an item 1.4 to read as follows: 1.4. Double stud framing may be used to strengthen metal stud door framing. * *Section 704.2; change items 1 and 2 to read as follows: 704.2 Projections. (main paragraph to remain unchanged) 1. A point one -third ( 1/3) the distance to the property line from an assumed vertical plane located where unprotected openings are permitted to be twenty -five (25) percent or more in accordance with Section 704.8. 2. More than twelve (12) inches (305 mm) into areas where unprotected openings are prohibited. * *Section 704.2.3; changed to read as follows: 704.2.3 Combustible projections. Combustible projections located where unprotected openings are not permitted or where protected openings are required to be less than twenty -five (25) percent in accordance with Section 704.8 shall be of at least one -hour fire- resistive -rated construction, Type IV construction, fire- retardant treated wood, or as required by Section 1406.3. Exception: Type V construction shall be allowed for R -3 occupancies. * *Section 704.5 Replace text with the following: 704.5 Fire - resistance ratings. Exterior walls shall be fire- resistance rated in accordance with Tables 601 and 602. Fire - resistance ratings of all walls required to be fire rated per Table 601 and /or Table 602 shall be rated for exposure to fire from both sides. ** 704.8.2; modify section as follows: 704.8.2 First Story. {Modify first sentence to read} In occupancies other than Group H, unlimited unprotected openings are permitted in the exterior walls of the first story above grade facing a street that have a fire separation distance of no less than 30 feet or facing an unoccupied space. {remainder unchanged). * *Section 705.1; add second paragraph to read as follows: Fire Walls shall be installed at the time of new construction, shall not wait for tenant layout locations, and shall be structurally independent as specified below * *Section 705.11; change the exception to read as follows: Exception: For other than hazardous exhaust ducts, penetrations by ducts and air transfer openings of ... {remainder of exception unchanged). * *Section 707.14.1; modify exception #4 to read as follows: 4. In other than Group 1 -3, and buildings having occupied floors located more than 55 feet above the lowest level of fire department access {remainder of exception unchanged} * *Section 716.5.2; add exception #4 to read as follows: 4. In the duct penetration of the separation between the private garage and its residence when constructed in accordance with Section 406.1.4, exception #2. * *Section 716.5.3.1; modify exception #2.1 to read as follows: 2.1 Bathroom and toilet room exhaust openings are installed with steel exhaust subducts, having a wall thickness of at least 0.019 inch (0.48 mm); and ** *Section 901.6.1.1 Standpipe Testing; add section to read as follows: 901.6.1.1 Standpipe Testing. Building owners /managers must utilize a licensed fire protection contractor to test and certify standpipe systems. In addition to the testing and maintenance requirements of NFPA 25 applying to standpipe systems, the following additional requirements shall be applied to the testing that is required every 5 years: 1. The piping between the Fire Department Connection (FDC) and the standpipe shall be hydrostatically tested for all FDC's on any type of standpipe system. Hydrostatic testing shall also be conducted in accordance with NFPA 25 requirements for the different types of standpipe systems. 2. For any manual (dry or wet) standpipe system not having an automatic water supply capable of flowing water through the standpipe, the contractor shall connect hose from a fire hydrant or portable pumping system (as approved by the fire code official) to each FDC, and flow water through the standpipe system to the roof outlet to verify that each inlet connection functions properly. There is no required pressure criteria at the outlet. Verify that check valves function properly and that there are no closed control valves on the system. 3. Any pressure relief, reducing, or control valves shall be tested in accordance with the requirements of NFPA 25. 4. If the FDC is not already provided with approved caps, the contractor shall install such caps for all FDC's. Contact the Fire Marshal for additional information. 5. Upon successful completion of standpipe test, the contractor shall place a blue tag (as per "Texas Administrative Code, Title 28. Insurance, Part I. Texas Department of Insurance, Chapter 34. State Fire Marshal, Subchapter G. Fire Sprinkler Rules, 28 TAC § 34.720. Inspection, Test and Maintenance Service (ITM) Tag ") at the bottom of each standpipe riser in the building. An example of this tag is located at the end of this SOP. The tag shall be check - marked as "Fifth Year" for Type of ITM, and the note on the back of the tag shall read "5 Year Standpipe Test" at a minimum. 6. The contractor shall follow the procedures as required by "Texas Administrative Code, Title 28. Insurance, Part I. Texas Department of Insurance, Chapter 34. State Fire Marshal, Subchapter G. Fire Sprinkler Rules, 28 TAC" with regard to Yellow Tags and Red Tags or any deficiencies noted during the testing, including the required notification of the local Authority Having Jurisdiction (Fire Marshal). 7. Additionally, records of the testing shall be maintained by the owner and contractor, as required by the State Rules mentioned above and NFPA 25. 8. Standpipe system tests where water will be flowed external to the building shall not be conducted during freezing conditions or during the day prior to expected night time freezing conditions. 9. Contact the Fire Marshal for requests to remove existing fire hose from Class II and III standpipe systems where employees are not trained in the utilization of this fire fighting equipment. All standpipe hose valves must remain in place and be provided with an approved cap and chain when approval is given to remove hose by the fire code official. (Reason: Increases the reliability of the fire protection system and re- emphasizes the requirements of NFPA 25.) ** Section 903.1.2; change to read as follows: 903.1.2 Residential systems. Unless specifically allowed by this code, residential sprinkler systems installed in accordance with NFPA 13D or NFPA 13R shall not be recognized for the purposes of exceptions or reductions, commonly referred to as "trade- offs," permitted by other requirements of this code. In addition, residential sprinkler systems installed in accordance with NFPA 13R must include attic sprinkler protection. * *Section 903.2; delete the exception. ** Section 903.2.7; changed to read as follows: 903.2.7 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R -1, R -2 and R -4 fire area as specified in Sections 903.2.7.1, 903.2.7.2. 903.2.7.1 Group R -1 and R -2. An automatic sprinkler system shall be provided throughout buildings with a Group R -1 or R -2 fire area. Exceptions: 1. Where no portion of the R -1 Occupancy is located higher than the first story, or in a basement, and contains less than twenty (8) guest rooms. 2. Where no portion of the R -2 Occupancy is located higher than the first story, or in a basement, and contains less than eight (8) dwelling units. 3. Where no portion of the R -2 Occupancy is located higher than the 2nd story, or in a basement, and contains four or less dwelling units. 4. Where the R -2 Occupancy is used as a convent, dormitory or monastery and contains less than twenty (20) occupants. 5. Where the R -2 Occupancy is used as a fraternity or sorority and has an occupant load of ten (10) or less. A residential sprinkler system installed in accordance with Section 903.3.1.2 (NFPA 13R) may be permitted in buildings, or portions thereof, of Group R -1 and R -2 in accordance with the limitations of Section 903.1.2. ** Section 903.2.7.2; changed to read as follows: 903.2.7.2 Group R -4. An automatic sprinkler system shall be provided throughout all buildings with a Group R -4 fire area with five (5) or more occupants. Exception: An automatic sprinkler system installed in accordance with Section 903.3.1.2 or Section 903.3.1.3 shall be allowed in Group R -4 facilities in accordance with the limitations of Section 903.1.2. * *Section 903.2.8.1; change section to read as follows: 903.2.8.1 Repair Garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406, as shown: 1. Buildings, including basements, containing a repair garage with a fire area exceeding 5,000 square feet. 2. Buildings with a repair garage servicing vehicles parked in the basement. * *Section 903.2.8.3; change to read as follows: 903.2.8.3. Self- service storage facility. An automatic sprinkler system shall be installed throughout all self - service storage facilities. Exception: One -story self - service storage facilities that have no interior corridors, with a one -hour fire barrier wall installed between every storage compartment. "Replace section 903.2.10 to read as follows: [F] 903.2.10 All occupancies except groups R -3 and U. An automatic sprinkler system shall be installed in the locations set forth in Sections 903.2.10.1 through 903.2.10.1.3 "Section 903.2.10; amend 903.2.10.3 and add 903.2.10.4 and 903.2.10.5 as follows: 903.2.10.3 Buildings more than 35 feet in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509 of the International Building Code, that is located 35 feet (10,668 mm) or more above the lowest level of fire department vehicle access. Exception: Open parking structures in compliance with Section 406.3. 903.2.10.4 High -Piled Combustible Storage. For any building with a clear height exceeding 12 feet (4572 mm), see Chapter 23 to determine if those provisions apply. 903.2.10.5 Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire- extinguishing system. "Section 903.3.1.1.1; change to read as follows: 903.3.1.1.1 Exempt locations. When approved by the code official, automatic sprinklers shall not be required in the following rooms or areas where such ... {bulk of section unchanged) . . . because it is damp, of fire- resistance -rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor /ceiling or roof /ceiling assemblies having a fire - resistance rating of not less than 2 hours. "Section 903.3.1.2; change to read as follows: 903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of group R, up to and including four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R. However, for the purposes of exceptions or reductions permitted by other requirements of this code, see section 903.1.2. * *Section 903.3.5; add a second paragraph to read as follows: Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 10 psi safety factor. * *Add Section 903.6.2 to read as follows: 903.6 Spray booths and rooms. New and existing spray booths and spray rooms shall be protected by an approved automatic fire- extinguishing system in accordance with I FC Section 1504. * *Section 905.2; change to read as follows: 905.2 Installation standards. Standpipe system shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high /low alarm. * *Section 905.3.2; delete exceptions #1 and #2. ** *Add Section 905.3.8: Building Area. 905.3.8: Building Area. In buildings exceeding 10,000 square feet in area per story, Class I automatic wet or manual wet standpipes shall be provided where any portion of the building's interior area is more than 200 feet (60960 mm) of travel, vertically and horizontally, from the nearest point of fire department vehicle access. Exception: Automatic dry and semi - automatic dry standpipes are allowed as provided for in NFPA 14. * *Section 905.4, item #5; change to read as follows: 4. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3 - percent slope), each standpipe shall be provided with a two -way hose connection located either ... ( remainder of paragraph unchanged ) ... * *Section 905.9; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water -flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. * *Add section 907.1.3 to read as follows: 907.1.3 Design standards. All alarm systems new or replacement serving 50 or more alarm actuating devices shall be addressable fire detection systems. Alarm systems serving more than 75 smoke detectors or more than 200 total alarm activating devices shall be analog intelligent addressable fire detection systems. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds 30 percent of the building. When cumulative building remodel or expansion exceeds 50 percent of the building must comply within 18 months of permit application. * *Section 907.2.1 change to read as follows: 907.2.1 Group A. A manual fire alarm system shall be installed in Group A occupancies having an occupant load of 300 or more persons or more than 100 persons above or below the lowest level of exit discharge. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy. ** Section 907.2.3; change to read as follows: 907.2.3 Group E. A manual fire alarm system shall be installed in group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in group E day care occupancies. Unless separated by a minimum of 100 feet open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. ** Section 907.2.3; change exception #1 and add exception #1.1 to read as follows: Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler system. 1.1. Residential in -home day care with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2 1/2 or less years of age, see section 907.2.6.) ** Section 907.2.12; change to read as follows: 907.2.12 High -rise buildings. Buildings having floors used for human occupancy located more than 55 feet (16,764 mm) above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and an emergency voice /alarm communications system in accordance with section 907.2.12.2. ** Section 907.2.12, exception #3; change to read as follows: 3. Buildings with an occupancy in group A -5 when used for open air seating; however, this exception does not apply to accessory uses including, but not limited to, sky boxes, restaurants and similarly enclosed areas. ** Add Section 907.6.1 to read as follows: 907.6.1 Installation. All fire alarm systems shall be installed in such a manner that a failure of any single initiating device or single open in an initiating circuit conductor will not interfere with the normal operation of other such devices. All initiating circuit conductors shall be Class "A" wired with a minimum of six feet separation between supply and return circuit conductors. IDC — Class "A" Style D; SLC - Class "A" Style 6; NAC - Class "B" Style Y. The IDC from an addressable device used to monitor the status of a suppression system may be wired Class B, Style B provided the distance from the addressable device is within 10 -feet of the suppression system device. ** Section 907.8.2; change to read as follows: 907.8.2 High -rise buildings. In buildings that have floors located more than 55 feet (16,764 mm) above the ... (remainder of section unchanged). ** Section 910.1; Amend exception 2 to read as follows: 2. Where areas of buildings are equipped with early suppression fast - response (ESFR) sprinklers, only manual smoke and heat vents shall be required within these areas. ** *Section 910.2.4; Add Section 910.2.4 Group H, to read as follows: 910.2.4 Group H. Buildings and portions thereof used as a Group H occupancy as follows: 1. In occupancies classified as Group H -2 or H -3, any of which are more than 15,000 square feet (1394 m2) in single floor area. Exception: Buildings of noncombustible construction containing only noncombustible materials. 2. In areas of buildings in Group H used for storing Class 2, 3 and 4 liquid and solid oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable (reactive) materials, or Class 2 or 3 water - reactive materials as required for a high- hazard commodity classification. Exception: Buildings of noncombustible construction containing only noncombustible materials. ** *Table 910.3; Change the title of the first row of the table to read as follows: [F] TABLE 910.3 REQUIREMENTS FOR DRAFT CURTAINS AND SMOKE AND HEAT VENTS OCCUPANCY DESIGNATE MINIMUM MAXIMUM VENT- MAXIMUM MAXIMUM GROUP AND DSTORAGE DRAFT AREA AREA SPACING OF DISTANCE COMMODITY HEIGHT CURTAIN FORMED TO- VENT TO CLASSIFICATION (feet) DEPTH BY DRAFT FLOOR- CENTERS VENTS (feet) CURTAINS AREA (feet) FROM (square RATIO WALL OR feet) DRAFT CURTAINS (feet) Group F -1, H — 0.2 11 Hd 50,000 1:100 120 60 and S -1 but 4 (Balance of table remains unchanged) ** *Section 910.3.2.2; Add second paragraph to read as follows: The automatic operating mechanism of the smoke and heat vents shall operate at a temperature rating at least 100 degrees (F) (approximately 38 degrees Celsius) greater than the temperature rating of the sprinklers installed. ** *Section 913; add section to read as follows: SECTION 913 FIRE PUMP ROOM 913.1 General. Where provided, fire pumps shall be installed in a room designed and constructed in accordance with this section, Section 913 of the International Fire Code and NFPA 20. When located on the ground level at an exterior wall, the fire pump room shall be provided with an exterior fire department access door that is not less than 3 ft. in width and 6 ft. – 8 in. in height, regardless of any interior doors that are provided. A key box shall be provided at this door, as required by Section 506.1 of the International Fire Code. Exception: When it is necessary to locate the fire pump room on other levels or not at an exterior wall, the corridor leading to the fire pump room access from the exterior of the building shall be provided with equivalent fire resistance as that required for the pump room, or as approved by the fire code official. Access keys shall be provided in the key box as required by Section 506.1 of the International Fire Code. ** *Section 1004.1.1; Delete exception as follows: 1004.1.1 Areas without fixed seating. The number of occupants shall be computed at the rate of one occupant per unit of area as prescribed in Table 1004.1.1. For areas without fixed seating, the occupant load shall not be less than that number determined by dividing the floor area under consideration by the occupant per unit of area factor assigned to the occupancy as set forth in Table 1004.1.1. Where an intended use is not listed in Table 1004.1.1, the building official shall establish a use based on a listed use that most nearly resembles the intended use. ** Section 1008.1; Delete last sentence of the first paragraph and replace with the following: 1008.1 Doors. {previous section unchanged) Where additional doors are provided, and in the opinion of the building official could be assumed by occupants to be for egress purposes, they shall conform to the requirements of this section. ** Section 1008.1.3.4; delete 1st paragraph and replace with the following: 1008.1.3.4 Access - controlled egress doors. The entrance doors in a means of egress in all buildings and tenant spaces are permitted to be equipped with approved entrance and egress access control systems when provided with an approved smoke detection system installed throughout the building or lease space. Egress access control systems must be installed in accordance with all of the following criteria and shall be made retroactive in existing buildings within one year upon the fire marshal's annual fire inspection; or shall be made retroactive and included in the work of any subsequent building permits to alter, expand or remodel. An approved smoke detection system is not required when the building or tenant space is equipped with an automatic sprinkler system: {Remainder of section is unchanged) ** Section 1008.1.8.3; add the following to the beginning of the first sentence: 1008.1.8.3 Locks and latches. When approved by the building official {remainder of section unchanged} ** Section 1017.5; change to read as follows: 1017.5 Corridor continuity. Fire - resistance -rated corridors shall be continuous from the point of entry to an exit, and shall not be interrupted by intervening rooms. (Exception unchanged; add exception #2 to read as follows:) 2. When the corridor is not required to be fire- resistance - rated, it is permitted to pass through open office /business spaces provided the exit path is clearly marked through to office /business area to the point of exit. * *Section 1020.1.7; change to read as follows: 1020.1.7 Smokeproof enclosures. In buildings required to comply with Section 403 or 405, each of the exits of a building that serves a storey where the floor surface is located more than 55 feet (16,764 mm) above the lowest level of fire ... {remainder of section unchanged). ** Section 1023.3; add sentence to end of paragraph to read as follows: {paragraph to remain unchanged) Openings shall be provided with a means to restrict the entry and freezing of precipitation without reducing the required opening area. Landings, floor levels, and walls adjacent to the required openings shall be weatherproofed and equipped with a storm drainage system as approved by the building official. ** Section 1023.4; changed to read as follows: 1023.4 Side yards. The openings required by section 1023.3 adjoining exterior exit ramps or stairways shall be immediately adjacent to yards, courts or public ways; the remaining sides are permitted to be enclosed by the exterior walls of the building. ** Section 1023.4.1; add section as follows: 1023.4.1 Any stairway at the end of an open ended corridor that is pulled into the building shall be considered an exterior stair if in compliance with all of the following provisions: 1. When using switchback stairs, such that the outside edge of the outside landing is no more than 5 feet inside the exterior walls as determined by the building official. 2. When using straight run stairs, individually or in conjunction with a switchback stair, such that the bottom riser is no more than 5 foot inside the exterior walls as determined by the building official. ** Section 1025.1; changed to read as follows: 1025.1 General. Occupancies in Group A shall comply with this section. ** Section 1026.1; delete exception #1 and #2 * *Section 1101.2; add an exception to read as follows: Exception: Buildings regulated under State Law and built in accordance with State certified plans, including any variances or waivers granted by the State, shall be deemed to be in compliance with the requirements of this Chapter. **Section 1104.4; change exception #2 to read as follows: 2. In Group A, I, R and S occupancies, and Group R occupancies containing two or less stories, levels that do not contain accessible elements or other spaces required by Section 1107 or 1108 are not required to be served by an accessible route from an accessible level. * *Section 1109.2.1; change to read as follows: 1109.2.1 Unisex toilet and bathing rooms. In assembly and mercantile occupancies, an accessible unisex toilet room shall be provided where an aggregate of six or more male or female water closets are provided. In buildings of mixed occupancy, only those water closets ... {remainder of section unchanged}. ** Section 1210.2, exception #2; changed to read as follows: 2. Toilet rooms that are accessed only through a private office, not for common or public use and which have not more than one water closet; provided that walls around urinals comply with the minimum surrounding material specified by Section 419.3 of the Plumbing Code. ** Section 1405.2; add a second paragraph to read as follows: All wood or other products exposed to the weather shall be painted or treated with an approved treatment, or shall posses a natural or inherent protection method. * *Table 1505.1; replace footnotes b and c with the following: b. All individual replacement shingles or shakes shall be in compliance with the rating required by this table. C. Non - classified roof coverings shall be permitted on buildings of U occupancies having not more than 120 sq. ft. of projected roof area. When exceeding 120 sq. ft of projected roof area, buildings of U occupancies may use non -rated non- combustible roof coverings. ** Section 1505.7; delete. ** Add sections 1507.8.1.1.1 -- 1507.8.1.1.2: 1507.8.1.1.1 Wood shingle prohibition. It shall be in violation of this chapter to use any wood shingles as part of the construction material on structures classified as multifamily (including duplexes) or commercial buildings. 1507.8.1.1.2 All single - family dwellings using wood shingles or shakes shall be factory pressure treated with a fire- retardant chemical to meet class C fire- resistant requirements of the National Fire Protection Association. ** Section 1507.10.1; add an exception to read as follows: Exception: Engineered roofs designed to provide adequate drainage after the long -time deflection from dead loads or designed to support maximum loads, including possible ponding of water from any source, including snow, due to deflection, may have a design slope of a minimum of one -eight unit vertical in 12 units horizontal (1- percent slope). ** Section 1510.3; add an item #4 to read as follows: 4. It has not been demonstrated that the roof structure is sufficient to sustain the weight of the additional dead load of the new roofing. ** Section 1510.4; modify section as follows: 1510.4 Roof recovering. Where the application of a new roof covering creates a combustible concealed space, the entire existing surface shall be covered with gypsum board, mineral fiber, glass fiber or other approved materials securely fastened in place. ** Sections 1510.7, 1510.8 and 1510.9; added to read as follows: 1510.7 Maintain existing provisions. When reroofing, or repairing existing roofing, the installer is required to insure the following items are maintained: 1. Existing roof drains and drainage systems are maintained clear an unobstructed. When in the opinion of the Building Official the existing drainage system appears inadequate, the system shall be re- evaluated and when necessary required to comply with the provisions for new construction. 2. Fire - retardant requirements are maintained. 1510.8 Attic space. Construction of a sloped or flat roof over an existing roof in a manner that creates an attic or a concealed space shall require the removal of any existing roofing material, composed of tar, asphalt or roof insulation, from the newly created attic space. 1510.9 Inspections. When a permit is required, a final inspection and approval shall be obtained from the Building Official when the re- roofing or installation of new roof is complete. ** Section 1610.2; add a paragraph to read as follows: Wood retaining walls supporting a surcharge of more than two (2) feet in height shall be prohibited. ** Section 1612.1; changed to read as follows: 1612.1 General. Within flood hazard areas as established in other City ordinances Section 1612.3, all new construction of buildings, structures and portions of buildings and structures, including substantial improvements and restoration of substantial damage to buildings and structures, shall be designed and constructed to resist the effects of flood hazards and flood loads in accordance with applicable provisions adopted by the Department of Public Works. For buildings that are located in more than one flood hazard area, the provisions associated with the most restrictive flood hazard area shall apply. At the discretion of the Director of Public Works, or his authorized representative, any or all of the provisions of this section may be used. ** Section 1612.3; delete. ** Section 1704.14; changed to read as follows: 1704.14 Special inspections for smoke control. Smoke control systems shall be tested by a special inspector in accordance with this section, Section 909.18, and as directed by the Fire Chief. ** Section 1803.3.1; add section to read as follows: 1803.3.1 Lot drainage. All lots in which construction has been authorized are subject to the Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) storm water protection program implemented by the Texas Commission of Environmental Quality (TCEQ). Sites shall be adequately protected against surface water runoff with appropriate erosion control methods. Protection methods may include, but are not limited to the use of silt fences, erosion control blankets, or other approved means. Construction sites are subject to storm water pollution inspections at any time during normal business hours. ** Section 1802.7; added to read as follows: 1802.7 Minimum distance of swimming pools from foundations. Swimming pools may not be closer to a building foundation than one horizontal foot at finish grade for every vertical foot of swimming pool depth. Exception: Systems designed by an engineer registered in the State of Texas. ** Section 1803.7; added to read as follows: 1803.7 Hazards. Whenever the building official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the building official, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this code. * *Add Section 2308.2.3 to read as follows: 2308.2.3 Application to engineered design. When accepted by the Building Official, any portion of this section is permitted to apply to buildings that are otherwise outside the limitations of this section provided that: 1. The resulting design will comply with the requirements specified in Chapter 16; 2. The load limitations of various elements of this section are not exceeded; and 3. The portions of this section which will apply are identified by an engineer in the construction documents. * *Section 2901.1; add a sentence to read as follows: The provisions of this Chapter are meant to work in coordination with the provisions of Chapter 4 of the International Plumbing Code. Should any conflicts arise between the two chapters, the Building Official shall determine which provision applies. ** Section 2902.1; change to read as follows and add subsections: 2902.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as follows: 1. Assembly Occupancies: At least one drinking fountain shall be provided at each floor level in an approved location. Exception: A drinking fountain need not be provided in a drinking or dining establishment. 2. Groups A, B, F, H, I, M and S Occupancies: Buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in Section 2902.2. 3. Group E Occupancies: Shall be provided with fixtures as shown in Table 2902.1. 4. Group R Occupancies: Shall be provided with fixtures as shown in Table 2902.1. It is recommended, but not required, that the minimum number of fixtures provided also comply with the number shown in Table 2902.1. Types of occupancies not shown in Table 2902.1 shall be considered individually by the code official. The number of occupants shall be determined by this code. Occupancy classification shall be determined in accordance with Chapter 3. * *Section 2902.6; add an exception to read as follows: 2902.6 Finish material. Finish materials shall comply with Section 1210. ** Section 2903; add new section to read as follows: 2903 Access to toilet facilities in food service establishments. Food service establishments that provide for the on- premises consumption of food shall be equipped with separate toilet facilities for each sex. Access to toilet facilities must be from inside the food service facility and access may not be through the food preparation area. ** Section 3001.5; added to read as follows: 3001.5 General. The owner shall be responsible for the safe operation and maintenance of each elevator, dumbwaiter, escalator or moving walk installation and shall cause periodic inspections, tests and maintenance to be made on such conveyances. ** *Section 3109.1; add a section to read as follows: 3109.1 General. Swimming pools shall comply with the requirements of this section and other applicable sections of this code. Provisions of this section shall not be deemed to nullify or lessen any provisions of state law, state code, or other local ordinances. ** Section 3109.3; amend to read as follows: 3109.3 Public Swimming Pools. Public swimming pools shall be completely enclosed by a fence at least 6 feet in height or a screen enclosure. (remainder of section unchanged) ** Section 3109.4.1; amend to read as follows: Barrier height and clearance. The top of the barrier shall be at least 72 inches above grade measured on the side of the barrier... {remainder of section unchanged} ** Section 3201.1; add a sentence to read as follows: Encroachments shall not be allowed without written permission by an authorized representative of the City of North Richland Hills. ** Section 3202.4; delete. ** Section 3406.2; change to read as follows: 3406.2 Certificate of occupancy. A certificate of occupancy shall be issued where it has been determined that the requirements of this code and other laws for the new occupancy classification have been met. ** Section 3410.2; change to read as follows: 3410.2 Applicability. Any structure older, or that becomes older, than 50 years in which there is work ... {remainder of section unchanged} ..." Section 4: THAT Sections 98 -185 (c) and (e) and 98- 184(c)of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 98 -185. CONTRACTOR REGISTRATION (c) The term "contractor" shall be defined as any person or firm performing work for which a permit is required, and may include but not be limited to framing carpenters, plumbers, electricians, heating & air conditioning contractors, concrete, fence, and swimming pool contractors, irrigators, roofers, sign, propane, backflow testing and fire sprinkler contractors as determined by the Building Official. (e) A registration may be revoked by the Building Official for violating any part of this code or violation of other city ordinances or for any other acts deemed a detriment to the city or citizens. Registration may be revoked by the Building Official for due cause. The Construction Board of Appeals may hear revocation appeals by applicants desiring reinstatement." "Sec. 98 -184. Certificate of occupancy. (c) In order to further compel compliance with this article, the building official may order that no utility services be provided, and /or order the disconnection of utility services (including electricity) to a building or portion thereof, which is used, occupied or reoccupied without a valid certificate of occupancy or in violation of a current certificate of occupancy. In the event that a leased portion of any building is in violation of this article, the utilities provided to the entire building may be discontinued upon order of the building official until the violation is abated. However, in the event that the portion of the leased portion of the building which is in violation of the code is separately metered for utility, then the building official's order to stop G4y utilities shall apply only to that utility provided to the portion of the building in violation of this article. The utility provider shall give full force and effect to the order of the building official." Section 5: THAT Section 98 -199 of the North Richland Hills Code of Ordinances is hereby repealed. Section 6: THAT Section 98 -495 (a)(3) of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 98 -495 Duties and Powers (a) (3) Hear and decide appeals of orders in cases brought under Division 1 of this Article." Section 7: THAT the fees established by Appendix A of the North Richland Hills Code of Ordinances for Chapter 98 are hereby amended by amending item 6 of Table 2 thereof to read as follows: "6. Fences (wrought iron -per lot or tract $18.00 Section 8: THAT the fees established by Appendix A of the North Richland Hills Code of Ordinances for Chapter 98 are hereby amended by amending item Table 3 thereof to read as follows: "TABLE 3 MECHANICAL FEES TABLE INSET: Monetary Value of Proposed Work Fee $0.00-$1,500.00 35.57 1,501.00-3,000 41.50 3,001.00-5,000 47.44 5,001.00- 50,000 59.29 for the first $5,000 plus a multiplier of 0.0102 for amount over $5,000 507001.00- 100,000.00 518.29 for the first $501000 plus a multiplier of 0.0102 for amount over $50,000 100,001.00- 500,000 1,028.29 for the first $100,000 plus a multiplier of 0.0065 for amount over $100,000 500,001.00 -or more $3,628.29 for the first $500,000 plus a multiplier of 0.0035 for amount over $500,000" Section 9: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 10: Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 11: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as provided by law. Section 12: This ordinance shall become effective immediately upon passage. AND IT IS SO ORDAINED. PASSED AND ADOPTED on June 23, 2008. CITY OF NORTH RICHLAND HILLS M ATTEST: Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 6 -23 -2008 Presented by: Andy Jones Agenda No. D.3 Subject: GN 2008 -048 Consideration of Adopting the 2006 International Fire Code as Amended - Ordinance No. 2999 CASE SUMMARY: In a continuing effort to update our current building, fire and life safety codes, Staff brings forth consideration of the 2006 International Fire Code. Due to the number of codes necessary to complete the update, staff proposed to implement their adoptions in phases. This is the initial installment of the 2006 I- Codes, wherein the fire code is being presented in conjunction with the recommendation to adopt the 2006 International Building Code. This action follows suit with surrounding communities who have adopted or will soon be adopting the 2006 I- Codes. The Council appointed Construction Code Board of Appeals (which serves as our Technical Code Review Committee) concluded their meetings on May 22nd, 2008, and recommends approval of the 2006 International Fire Code along with the included local additions, deletions and amendments. 2006 International Fire Code In our area of the country, the 2006 IFC will have minimal impact on the current requirements that architects, engineers & builders must meet. Minor changes will be seen in trigger points for sprinkler systems being a requirement. With reference to sprinkler systems only, "Fire Area" will mean the aggregate floor area bounded by the exterior walls. However in many cases, the new code will make it easier to build by allowing more "trade -offs" when sprinkler systems are installed throughout a building. Below is a shortened list of items that will be changing under the 2006 IFC: • Additional credits for sprinkler systems. • Provision to clarify that the intent of the code is to provide for emergency responders as well as occupant safety. • Adds an operational permit for remote fueling sites. • Provision to expand the scope of fire resistive rated construction and the maintenance thereof. • Provision that any component which has been issued a recall must be replaced, documented, and sent to the Fire Marshal. • Threshold for panic hardware in A and E groups revised. Panic hardware for electrical rooms has been coordinated with the electrical code. • Protective guard required when a roof hatch or mechanical equipment is located within 10 feet of a roof edge. • Daycare with an occupant load more than 10 will be required to provide at least 2 exits. The citizens of North Richland Hills can be assured that since code changes are only approved by voting members of the International Code Council who are code officials, the changes are deemed safe and appropriate for construction. Recommendation: To approve the recommendations of the Technical Code Review Committee and staff and adopt the 2006 International Fire Code -- Ordinance No. 2999. (Excerpt from Construction Code of Appeals Board meeting — May 22, 2008) CONSIDERATION AND RECOMMENDATION TO ADOPT THE 2006 INTERNATIONAL BUILDING CODE, THE 2006 INTERNATIONAL FIRE CODE AND THE 2005 NATIONAL ELECTRICAL CODE WITH LOCAL AMENDMENTS Dave Pendley opened the meeting by introducing the newest member, Robert Nicholas, a local structural engineer to the board. Dave Pendley handed out a power point presentation which was given to the City Council during their pre- session recently. He explained that a few years ago the state mandated the 2003 IBC for minimum state building codes. It is anticipated that the 2006 IBC will soon be mandated during the next session. Our city is one of the last to adopt the 2006 IBC. In approximately 60 days we will be adopting the residential, mechanical, plumbing, fuel gas and energy codes as well. The power point handouts show highlights of the proposed changes for the IBC, NEC and IFC Codes. He explained that most of the IBC changes will have minimal effects on our contractors. Dave Pendley discussed changes to the 2006 International Building Code. Kirk Marcum explained the changes to the 2006 International Fire Code. Changes to the 2005 National Electric Code were discussed by Dave Pendley. Joe Crane asked if there have been any policy changes on how we are inspecting the main service grounds for plumbers using plastic plumbing? After some discussion, Mr. Pendley explained that we are still inspecting 5/8 rebar 20' in length. The purpose of the updates are to remain current on the latest technologies and construction methods, update building codes for state mandates, stay current with surrounding communities and improve our ISO ratings. ORDINANCE NO. 2999 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS AMENDING CHAPTER 38 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND ADOPTING THE 2006 EDITION OF THE INTERNATIONAL FIRE CODE, INCLUDING APPENDICES B, D, AND F THERETO; PROVIDING AMENDMENTS TO THE 2006 INTERNATIONAL FIRE CODE; REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN NORTH RICHLAND HILLS; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; ESTABLISHING A PENALTY; AUTHORIZING PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Richland Hills City Council desires to amend Chapter 38 of the North Richland Hills Code of Ordinances, to adopt the 2006 International Fire Code along with Appendices B, D and F to such code with amendments in order to better provide for the safety of residents of the City and their property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 38 -1 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 38 -1. Arson reward. The city hereby offers a reward of two hundred fifty dollars ($250.00) for the arrest and conviction of any person found guilty of committing the crime of arson within the corporate limits of the city. This reward is a standing offer, and shall be paid out of the reserve for contingency fund of the city." Section 2: THAT Sections 38 -31 and 38 -32 Of the North Richland Hills Code of Ordinances be amended to read as follows: Sec. 38 -31. International Fire Code adopted. The documents, copies of which are on file in the office of the city secretary of the city, marked and designated as the International Fire Code, 2006 edition including Appendix Chapters B, D and F (see International Fire Code, Section 101.2.1, 2006 edition), as amended by the recommended amendments of the North Central Texas Council of Governments as further amended by the city, which amendments are included in section 38 -32 are hereby adopted as the fire code of the city for regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the city, and providing for the issuance of permits for hazardous uses or operations; and each and all of the regulations, provisions, conditions and terms of such International Fire Code, 2006 edition, as amended by the recommended amendments of the North Central Texas Council of Governments as further amended by the city, on file in the office of the city secretary are hereby referred to, adopted and made a part hereof, as if fully set forth in this section. Sec. 38-32. Amendments. The International Fire Code adopted in section 38 -31 is hereby amended as follows: Section 101.1; insert: City of North Richland Hills. Section 102.6; change to read as follows: Section 102.6 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 45 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Section 106.2.1; add to read as follows: 106.2.1 Inspection requests. It shall be the duty of the permit holder or their duly authorized agent to notify the fire code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. Section 106.2.2; add to read as follows: 106.2.2 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the fire code official. The fire code official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the fire code official. Section 108; change to read as follows: Section 108. Board of appeals. The construction code appeals board created in Code of Ordinances section 98- 42, shall be the appeals board under the fire code. Section 109.3; change to read as follows: Section 109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under the provisions of this code, shall be guilty of a misdemeanor offense, punishable by a fine of not more than $2,000.00. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 111.4; substitute: Any person who shall continue any work after being ordered to stop shall be deemed guilty of a misdemeanor punishable by a fine not exceeding $2,000.00. Section 202; add definitions to read as follows: High -rise building. A building having any floors used for human occupancy located more than fifty five feet (55') above the lowest level of fire department vehicle access. Self - service storage facility. Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self - service basis. Standby personnel. Qualified fire service personnel, approved by the fire code official. When utilized, the number required shall be as directed by the fire code official. Charges for utilization shall be as normally calculated by the jurisdiction. Addressable fire detection system. Any system capable of providing identification of each individual alarm- initiating device. The identification shall be in plain English and as descriptive as possible to specifically identify the location of the device in alarm. The system shall have the capability of alarm verification. Analog intelligent addressable fire detection system. Any system capable of calculating a change in value by directly measurable quantities (voltage, resistance, etc.) at the sensing point. The physical analog may be conducted at the sensing point or at the main control panel. The system shall capable of compensating for long -term changes in sensor response while maintaining a constant sensitivity. The compensation shall have a preset point at which a detector maintenance signal shall be transmitted to the control panel. The sensor shall remain capable of detecting and transmitting an alarm while in maintenance alert. Section 202; amend definition of Fire Watch as follows: Fire watch. A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals or standby personnel when required by the fire code official, for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire department. Section 307.2; change to read as follows: 307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized trench burns or open burning. Application for such approval shall only be presented by and permits issued to the owner of the land or designee upon which the fire is to be kindled. Examples of state or local law, or regulations referenced elsewhere in this section may include but not be limited to the following: 1. Texas Natural Resource Conservation Commission guidelines and /or restrictions. 2. State, county or local temporary or permanent bans on open burning. 3. Local written policies as established by the fire code official. Section 307.4; change to read as follows: 307.4 Location. The location for open burning other than recreational fires shall not be less than three hundred feet (300') from any structure, and provisions shall be made to prevent the fire from spreading to within three hundred feet (300') of any structure. (Exceptions unchanged.) Section 307.4.3; add to read as follows: 307.4.3 Trench burns. Trench burns shall be conducted in air curtain trenches and in accordance with Section 307.2. Section 307.5; change to read as follows: 307.5 Attendance. Open burning, trench burns, bonfires or recreational fires shall be constantly attended by a person eighteen (18) years of age or older until the. . . (remainder of section unchanged). Section 308.3.1; change to read as follows: 308.3.1 Open -flame cooking and heating devices. Open -flame cooking devices, charcoal grills, outdoor fireplaces and other similar devices used for cooking, heating or any other purpose shall not be located or used on combustible balconies, decks, or within ten feet (10') of combustible construction. Exceptions: 1. One and two- family dwellings. 2. Where buildings, balconies and decks are protected by an approved automatic sprinkler system. Section 308.3.1.1; amend to add the following exceptions: Exceptions: 1. One and two- family dwellings may have containers with a water capacity not greater than forty (40) pounds LP -gas capacity with an aggregate capacity not to exceed one hundred (100) pounds. 2. Other residential occupancies where buildings, balconies and decks are protected by an approved automatic sprinkler system, may have containers with a water capacity not greater than twenty (20) pounds LP -gas capacity with an aggregate capacity not to exceed forty (40) pounds. Section 401.3; add section 401.3.4 to read as follows: 401.3.4 Fire alarms and nuisance alarms. False alarms and nuisance alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. Section 503.1.1; add the following sentence to the first paragraph: Except for single or two- family residences, the path of measurement shall be along a minimum of a ten foot (10') wide unobstructed pathway around the external walls of the structure. Section 503.2.1; change to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than twenty four feet (24'), except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than fourteen feet (14'). Exception: Vertical clearance may be reduced, provided such reduction does not impair access by fire apparatus and approved signs are installed and maintained indicating the established vertical clearance when approved. Section 503.2.2; change to read as follows: 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths and vertical clearances where they are inadequate for fire or rescue operations. Section 503.3; change to read as follows: 503.3 Marking. Striping, signs, or other markings, when allowed by the fire code official, shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Striping, signs and other markings shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. (1) Striping - Fire apparatus access roads shall be continuously marked by painted lines of red traffic paint six inches (6 ") in width to show the boundaries of the lane. The words "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" shall appear in four inch (4 ") white letters at twenty five foot (25') intervals on the red border markings along both sides of the fire lanes. Where a curb is available, the stripping shall be on the vertical face of the curb. (2) Signs — Signs shall read "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" and shall be twelve inches (12 ") wide and eighteen inches (18 ") high. Signs shall be painted on a white background with letters and borders in red, using not less than two inch (2 ") lettering. Signs shall be permanently affixed to a stationary post and the bottom of the sign shall be six feet, six inches (66 ") above finished grade. Signs shall be spaced not more than fifty feet (50) apart. Signs may be installed on permanent buildings or walls or as approved by the fire code official. Section 503.4; change to read as follows: 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be maintained at all times. Section 511 Emergency Radio Communications; add to read as follows: Section 511 Emergency Radio Communications 511.1 Signal strength in buildings. In all new and existing buildings in which the type of construction or distance from an operational emergency services antenna or dispatch site does not provide adequate frequency or signal strength as determined by the fire code official, the building owner shall be responsible for providing the equipment, installation and maintenance of said equipment in a manner to strengthen the radio signal. The radio signal shall meet the minimum input/output strengths according to the emergency radio system's provider and system manager. Section 704.1; change to read as follows: 704.1 Enclosure. Interior vertical shafts, including but not limited to stairways, elevator hoistways, service and utility shafts, that connect two (2) or more stories of a building shall be enclosed or protected in accordance with the codes in effect at the time of construction but, regardless of when constructed, not less than as specified in Table 704.1. When openings are required to be ... (remainder of section unchanged). Section 807.4.3.2 and Section 807.4.4.2; add an exception to read as follows: Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to fifty percent (50 %) of the wall area. Section 901.6.1; add section to read as follows: 901.6.1.1 Standpipe testing. Building owners /managers must utilize a licensed fire protection contractor to test and certify standpipe systems. In addition to the testing and maintenance requirements of NFPA 25 applying to standpipe systems, the following additional requirements shall be applied to the testing that is required every five (5) years: 1. The piping between the Fire Department Connection (FDC) and the standpipe shall be hydrostatically tested for all FDC's on any type of standpipe system. Hydrostatic testing shall also be conducted in accordance with NFPA 25 requirements for the different types of standpipe systems. 2. For any manual (dry or wet) standpipe system not having an automatic water supply capable of flowing water through the standpipe, the contractor shall connect hose from a fire hydrant or portable pumping system (as approved by the fire code official) to each FDC, and flow water through the standpipe system to the roof outlet to verify that each inlet connection functions properly. There is no required pressure criteria at the outlet. Verify that check valves function properly and that there are no closed control valves on the system. 3. Any pressure relief, reducing, or control valves shall be tested in accordance with the requirements of NFPA 25. 4. If the FDC is not already provided with approved caps, the contractor shall install such caps for all FDC's. Contact the Fire Marshal for additional information. 5. Upon successful completion of standpipe test, the contractor shall place a blue tag (as per "Texas Administrative Code, Title 28. Insurance, Part 1. Texas Department of Insurance, Chapter 34. State Fire Marshal, Subchapter G. Fire Sprinkler Rules, 28 TAC § 34.720. Inspection, Test and Maintenance Service (ITM) Tag ") at the bottom of each standpipe riser in the building. The tag shall be check - marked as "Fifth Year" for Type of ITM, and the note on the back of the tag shall read "5 Year Standpipe Test" at a minimum. 6. The contractor shall follow the procedures as required by "Texas Administrative Code, Title 28. Insurance, Part1. Texas Department of Insurance, Chapter 34. State Fire Marshal, Subchapter G. Fire Sprinkler Rules, 28 TAC" with regard to Yellow Tags and Red Tags or any deficiencies noted during the testing, including the required notification of the local Authority Having Jurisdiction (Fire Marshal). 7. Additionally, records of the testing shall be maintained by the owner and contractor, as required by the State Rules mentioned above and NFPA 25. 8. Standpipe system tests where water will be flowed external to the building shall not be conducted during freezing conditions or during the day prior to expected night time freezing conditions. 9. Contact the Fire Marshal for requests to remove existing fire hose from Class II and III standpipe systems where employees are not trained in the utilization of this fire fighting equipment. All standpipe hose valves must remain in place and be provided with an approved cap and chain when approval is given to remove hose by the fire code official. Section 901.7; amend to read as follows: 901.7 Systems out of service. Where a required fire protection system is out of service or in the event of an excessive number of activations, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. Remainder of this section is unchanged. Section 902.1; add definition of "Fire Area" to read as follows: Fire area. The aggregate floor area enclosed and bounded by the exterior walls of a building. Section 903.2.7; change to read as follows: 903.2.7 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R -1, R -2 and R -4 fire area as specified in Sections 903.2.7.1, 903.2.7.2. Section 903.2.7.1; add to read as follows: 903.2.7.1 Group R -1 and R -2. An automatic sprinkler system shall be provided throughout buildings with a Group R -1 or R -2 fire area. Exceptions: 1. Where no portion of the R -1 Occupancy is located higher than the first story, or in a basement, and contains less than twenty (20) guest rooms. 2. Where no portion of the R -2 Occupancy is located higher than the first story, or in a basement, and contains less than eight (8) dwelling units. 3. Where no portion of the R -2 Occupancy is located higher than the second story, or in a basement, and contains four (4) or less dwelling units. 4. Where the R -2 Occupancy is used as a convent, dormitory or monastery and contains less than twenty (20) occupants. 5. Where the R -2 Occupancy is used as a fraternity or sorority and has an occupant load of ten (10) or less. A residential sprinkler system installed in accordance with Section 903.3.1.2 (NFPA 13R) may be permitted in buildings, or portions thereof, of Group R -1 and R -2 in accordance with the limitations of Section 903.1.2. Section 903.2.7.2; add to read as follows: 903.2.7.2 Group R -4. An automatic sprinkler system shall be provided throughout all buildings with a Group R -4 fire area with five (5) or more occupants. Exception: An automatic sprinkler system installed in accordance with Section 903.3.1.2 or Section 903.3.1.3 shall be allowed in Group R -4 facilities in accordance with the limitations of Section 903.1.2. Section 903.2.8.3; add to read as follows: 903.2.8.3 Self - service storage facility. An automatic sprinkler system shall be installed throughout all self - service storage facilities. Exception: One -story self - service storage facilities that have no interior corridors, with a one -hour fire barrier separation wall installed between every storage compartment. Section 903.2.10; amend the title to read "Windowless stories in all occupancies except R -3 and U" Section 903.2.10; amend 903.2.10.3 and add 903.2.10.4, and 903.2.10.5 as follows: 903.2.10.3 Buildings more than thirty five feet (35) in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with Section 1509 of the International Building Code, that is located thirty five feet (35') or more above the lowest level of fire department vehicle access. Exception: Open parking structures in compliance with Section 406.3 of the Building Code. 903.2.10.4 High -piled combustible storage. For any building with a clear height exceeding twelve feet (12'), see Chapter 23 to determine if those provisions apply. 903.2.10.5 Spray booths and rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire- extinguishing system. Section 903.3.1.1.1; change to read as follows: 903.3.1.1.1; Exempt locations. When approved by the fire code official, automatic sprinklers shall not be required in the following rooms or areas where such ... (bulk of section unchanged) . .. because it is damp, of fire- resistance -rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the fire code official. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor /ceiling or room /ceiling assemblies having a fire - resistance rating of not less than two (2) hours. Section 903.3.1.2; change to read as follows; 903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and including four (4) stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R. However, for the purposes of exceptions or reductions permitted by other requirements of this code, see Section 903.1.2. Section 903.3.5; add a second paragraph to read as follows: Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a ten (10) psi safety factor. Section 903.4; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water -flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than forty five (45) seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Section 903.4.2; add a second paragraph to read as follows: The alarm device required on the exterior of the building shall be a weatherproof horn /strobe notification appliance with a minimum seventy five (75) candela strobe rating, installed as close as practicable to the fire department connection. Section 903.6.2; add to read as follows: 903.6.2 Spray booths and rooms. New and existing spray booths and spray rooms shall be protected by an approved automatic fire extinguishing system in accordance with Section 1504. Section 905.2; change to read as follows: 905.2 Installation standards. Standpipe systems shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of ten (10) psig and a maximum of forty (40) psig air pressure with a high /low alarm. Section 905.3.8, add Section 905.3.8 and exception to read as follows: 905.3.8 Building area. In buildings exceeding ten thousand square feet (10,000 ft2) in area per story, Class I automatic wet or manual wet standpipes shall be provided where any portion of the building's interior area is more than two hundred feet (200') of travel, vertically and horizontally, from the nearest point of fire department vehicle access. Exception: Automatic dry and semi - automatic dry standpipes are allowed as provided for in NFPA 14. Section 905.4, item #5; change to read as follows: 5. Where the roof has a slope less than four (4) units vertical in twelve (12) units horizontal (33.3 percent slope), each standpipe shall be provided with a two -way hose connection located either ... (remainder of paragraph unchanged). Section 905.9; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water -flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than forty five (45) seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Section 907.1.3; add to read as follows: 907.1.3 Design standards. All alarm systems new or replacement serving twenty (20) or more alarm actuating devices shall be addressable fire detection systems. Alarm systems serving more than forty (40) smoke detectors or more than one hundred (100) total alarm activating devices shall be analog intelligent addressable fire detection systems. Exception: Existing systems need not comply unless the total building remodel or expansion initiated after the effective date of this code, as adopted, exceeds thirty percent (30 %) of the building. When cumulative building remodel or expansion exceeds fifty percent (50 %) of the building, existing systems must comply with the current code within eighteen (18) months of permit application. Section 907.2.1; change to read as follows: 907.2.1 Group A. A manual fire alarm system shall be installed in Group A occupancies having an occupant load of three hundred (300) or more persons or more than one hundred (100) persons above or below the lowest level of exit discharge. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy. Section 907.2.3; change to read as follows: 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of one hundred feet (100') of open space, all buildings, whether portable buildings or the main building, will be considered one (1) building for alarm occupant load consideration and interconnection of alarm systems. Section 907.2.3; change exception #1 and add exception #1.1 to read as follows: 1. Group E educational and day care occupancies with an occupant load of less than fifty (50) when provided with an approved automatic sprinkler system. 1.1. Residential in -home day care with not more than twelve (12) children may use interconnected single station detectors in all habitable rooms. (For care of more than five (5) children two and one -half (2 '/2) or less years of age, see Section 907.2.6.) Section 907.2.12; change to read as follows: 907.2.12 High -rise buildings. Buildings with any floor used for human occupancy located more than fifty five feet (55') above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and an emergency voice /alarm communications system in accordance with Section 907.2.12.2. Section 907.2.12; change exception #3 to read as follows: 3. Buildings with an occupancy in Group A -5 in accordance with Section 303.1 of the International Building Code, when used for open air seating; however, this exception does not apply to accessory uses including but not limited to sky boxes, restaurants and similarly enclosed areas. Section 907.4; add a second paragraph to read as follows: Manual alarm actuating devices shall be an approved double action type. Section 907.6.1; add to read as follows: 907.6.1 Installation. All fire alarm systems shall be installed in such a manner that the failure of any single initiating device or single open in an initiating circuit conductor will not interfere with the normal operation of any other such devices. All initiating circuit conductors shall be Class "A" wired with a minimum of six feet (6') separation between supply and return circuit conductors. IDC -Class "A" style — D; SLC -Class "A" Style 6; NAC — Class "B" Style Y. The IDC from an addressable device used to monitor the status of a suppression system may be wired Class B, Style B provided the distance from the addressable device is within ten feet (10') of the suppression system device. Section 907.9.2; change to read as follows; 907.9.2 High -rise buildings. In buildings that have any floor used for human occupancy that is located more than fifty five feet (55') above the lowest level... (remainder of section unchanged). Section 910.1; amend exception 2 to read as follows: #2. Where areas of buildings are equipped with early suppression fast - response (ESFR) sprinklers, only manual smoke and heat vents shall be required within these areas. Section 910.2; add subsection 910.2.4 and exceptions to read as follows: Section 910.2.4 Group H. Buildings and portions thereof used as a Group H occupancy as follows: In occupancies classified as Group H -2 or H -3, any of which are more than fifteen thousand square feet (15,000 ft2) in single floor area. Exceptions: 1. Buildings of noncombustible construction containing only noncombustible materials. 2. In areas of buildings in Group H used for storing Class 2, 37 and 4 liquid and solid oxidizers, Class 1 and unclassified detonable organic peroxides, Class 3 and 4 unstable (reactive) materials, or Class 2 or 3 water - reactive materials as required for a high- hazard commodity classification. Table 910.3; change the title of the first row of the table from "Group F -1 and S -1" to include "Group H" and to read as follows: Group H, F -1 and S -1 Section 910.3.2.2; add second paragraph to read as follows: The automatic operating mechanism of the smoke and heat vents shall operate at a temperature rating at least one hundred (100) degrees (F) greater than the temperature rating of the sprinklers installed. Section 913.1; add second paragraph and exception to read as follows: When located on the ground level at an exterior wall, the fire pump room shall be provided with an exterior fire department access door that is not less than three feet (3') in width and six feet, eight inches (68 ") in height, regardless of any interior doors that are provided. A key box shall be provided at this door, as required by Section 506.1. Exception: When it is necessary to locate the fire pump room on other levels or not at an exterior wall, the corridor leading to the fire pump room access from the exterior of the building shall provided with equivalent fire resistance as that required for the pump room, or as approved by the fire code official. Access keys shall be provided in the key box as required by Section 506.1. Section 913.4; add a second paragraph to read as follows; The fire -pump system shall also be supervised for "loss of power ", "phase reversal" and "pump running" conditions by supervisory signal on distinct circuits. Section 1008.1.3.4; delete 1st paragraph and replace with the following: 1008.1.3.4 Access - controlled egress doors. The entrance doors in a means of egress in all buildings and tenant spaces are permitted to be equipped with approved entrance and egress access control systems when provided with an approved smoke detection system installed throughout the building or lease space. Egress access control systems must be installed in accordance with all of the following criteria and shall be made retroactive in existing buildings within one (1) year upon the fire marshal's annual fire inspection or shall be made retroactive and included in the work of any subsequent building permits to alter, expand or remodel, whichever occurs first. An approved smoke detection system is not required when the building or tenant space is equipped with an automatic sprinkler system: {Items 1 through 5 to remain unchanged; item #6 to read as follows) 6. Unless approved by the Building Official and the fire code official, entrance doors in buildings with an occupancy in Group A, B, E, or M shall not be secured from the egress side during periods that the building is open to the general public. Section 1017.5; change to read as follows: 1017.5 Corridor continuity. Fire - resistance -rated corridors shall be continuous from the point of entry to an exit, and shall not be interrupted by intervening rooms. (Exception unchanged; add exception #2 to read as follows:) 2. When the corridor is not required to be fire- resistance - rated, it is permitted to pass through open office /business spaces provided the exit path is clearly marked through to office /business area to the point of exit. Section 1020.1.7; change to read as follows: 1020.1.7 Smokeproof enclosures. In buildings required to comply with Section 403 or 405 of the IBC, each of the exits of a building that serves stories where any floor surface is located more than fifty five feet (55) above the lowest level of fire ... {remainder of section unchanged }. Section 1028.2; change to read as follows: 1028.2 Reliability. Required exit accesses, exits or exit discharges shall be continuously maintained free from obstructions or impediments to full instant use in the case of fire or other emergency. Security devices affecting means of egress shall be subject to approval of the fire code official. Section 1504.4; change to read as follows: 1504.4 Fire protection. New and existing spray booths and spray rooms shall be protected by an approved automatic fire extinguishing system ... (remainder of section unchanged). Section 2204.1; change to read as follows: 2204.1 Supervision of dispensing. The dispensing of fuel at motor fuel - dispensing facilities shall be in accordance with the following: 1. Conducted by a qualified attendant; and /or, 2. Shall be under the supervision of a qualified attendant; and /or, 3. Shall be an unattended self - service facility in accordance with Section 2204.3. At any time the qualified attendant of item #1 or #2 above is not present, such operations shall be considered as an unattended self - service facility and shall also comply with Section 2204.3. Section 2302; add a second paragraph to the definition of "High -Piled Combustible Storage" to read as follows: Any building exceeding six thousand square feet (6,000 ft2) that has a clear height in excess of twelve (12) feet, shall be considered to be high -piled storage and shall comply with the provisions of this section. When a specific product cannot be identified, a fire protection system shall be installed as for Class IV commodities, to the maximum pile height. Table 2306.2; replace text of "footnote j" to read as follows: j. Where areas of buildings are equipped with early suppression fast - response (ESFR) sprinklers, only manual smoke and heat vents shall be required in these areas. Section 3204.3.1.1; (limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): None. Section 3301.1.3; change to read as follows: 3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited. Exceptions: 1. Only when approved for fireworks displays, storage and handling of fireworks as provided in Section 3304 and 3308. 2. The use of fireworks for approved display as permitted in Section 3308. Section 3302; change the definition of "fireworks" to read as follows: Fireworks. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, detonation, and /or activated by ignition with a match or other heat producing device that meets the definition of 1.4G fireworks or 1.3G fireworks as set forth herein. Section 3403.6; add a sentence to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. Section 3404.2.9.5.1; (limits in which the storage of Class I and Class II liquids in above - ground tanks outside of buildings is prohibited): All except areas zoned industrial. Section 3404.2.11.5; add a sentence to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. Section 3404.2.11.5.2; change to read as follows: 3404.2.11.5.2 Leak detection. Underground storage tank systems ... (bulk of provision unchanged) ... and installed in accordance with NFPA 30 and as specified in Section 3404.2.11.5.3. Section 3404.2.11.5.3; add to read as follows: 3404.2.11.5.3 Dry sumps. Approved sampling tubes of a minimum six inches (6 ") in diameter shall be installed in the backfill material of each underground flammable or combustible liquid storage tank. The tubes shall extend from a point twelve inches (12 ") below the average grade of the excavation to ground level and shall be provided with suitable surface access caps. Each tank site shall provide a sampling sump at the corners of the excavation with a minimum of four (4) sumps. Sampling tubes shall be placed in the product line excavation within ten feet (10') of the tank excavation and one every fifty feet (50') routed along product lines towards the dispensers, a minimum of two (2) are required. Section 3406.2.4.4; (limits in which the storage of Class I and Class 11 liquids in above- ground tanks is prohibited): All residentially zoned districts. Sections 3406.5.4.5 and 3406.5.4.5.1 through 3406.5.4.5.3; add to read as follows: 3406.5.4.5 Commercial, industrial, governmental or manufacturing. Dispensing of Class II and III motor vehicle fuel from tank vehicles into the fuel tanks of motor vehicles located at commercial, industrial, governmental or manufacturing establishments is allowed where permitted, provided such dispensing operations are conducted in accordance with Sections 3406.5.4.5.1 through 3406.5.4.5.3. 3406.5.4.5.1 Site requirements. 1. Dispensing may occur at sites that have been permitted to conduct mobile fueling. 2. A detailed site plan shall be submitted with each application for a permit. The site plan must indicate: a. All buildings, structures, and appurtenances on site and their use or function; b. All uses adjacent to the property lines of the site; C. The locations of all storm drain openings, adjacent waterways or wetlands; d. Information regarding slope, natural drainage, curbing, impounding and how a spill will be retained upon the site property; and, e. The scale of the site plan. 3. The fire code official is authorized to impose limits upon the times and /or days during which mobile fueling operations are allowed to take place and specific locations on a site where fueling is permitted. 4. Mobile fueling operations shall be conducted in areas not generally accessible to the public. 5. Mobile fueling shall not take place within fifteen feet (15') of buildings, property lines, or combustible storage. 3406.5.4.5.2 Refueling operator requirements. 1. The owner of a mobile fueling operations shall provide to the jurisdiction a written response plan which demonstrates readiness to respond to a fuel spill, carry out appropriate mitigation measures, and to indicate its process to properly dispose of contaminated materials when circumstances require. 2. The tank vehicle shall comply with the requirements of NFPA 385 and Local, State and Federal requirements. The tank vehicle's specific functions shall include that of supplying fuel to motor vehicle fuel tanks. The vehicle and all its equipment shall be maintained in good repair. 3. Signs prohibiting smoking or open flames within twenty five feet (25') of the tank vehicle or the point of fueling shall be prominently posted on three (3) sides of the vehicle including the back and both sides. 4. A fire extinguisher with a minimum rating of 40:BC shall be provided on the vehicle with signage clearly indicating its location. 5. The dispensing nozzles and hoses shall be of an approved and listed type. 6. The dispensing hose shall not be extended from the reel more than one hundred feet (100') in length. 7. Absorbent materials, non -water absorbent pads, a ten foot (10') long containment boom, an approved container with lid, and a non- metallic shovel shall be provided to mitigate a minimum five (5) gallon fuel spill. 8. Tanker vehicles shall be equipped with a fuel limit switch such as a count -back switch, limiting the amount of a single fueling operation to a maximum of five hundred gallons (500) between re- settings of the limit switch. Exception: Tankers utilizing remote emergency shut -off device capability where the operator constantly carries the shut -off device which, when activated, immediately causes flow of fuel from the tanker to cease. 9. Persons responsible for dispensing operations shall be trained in the appropriate mitigating actions in the event of a fire, leak, or spill. Training records shall be maintained by the dispensing company and shall be made available to the fire code official upon request. 10. Operators of tank vehicles used for mobile fueling operations shall have in their possession at all times an emergency communications device to notify the proper authorities in the event of an emergency. 3406.5.4.5.3 Operational requirements. 1. The tank vehicle dispensing equipment shall be constantly attended and operated only by designated personnel who are trained to handle and dispense motor fuels. 2. Prior to beginning dispensing operations, precautions shall be taken to assure ignition sources are not present. 3. The engines of vehicles being fueled shall be shut off during dispensing operations. 4. Night time fueling operations shall only take place in adequately lighted areas. 5. The tank vehicle shall be positioned with respect to vehicles being fueled so as to preclude traffic from driving over the delivery hose and between the tank vehicle and the motor vehicle being fueled. 6. During fueling operations, tank vehicle brakes shall be set, chock blocks shall be in place and warning lights shall be in operation. 7. Motor vehicle fuel tanks shall not be topped off. 8. The dispensing hose shall be properly placed on an approved reel or in an approved compartment prior to moving the tank vehicle. 9. The fire code official and other appropriate authorities shall be notified when a reportable spill or unauthorized discharge occurs. Section 3803.2.1.8, add to read as follows: 3803.2.1.8 Jewelry repair, dental labs and similar occupancies. Where natural gas service is not available, portable LP -gas containers are allowed to be used to supply approved torch assemblies or similar appliances. Such containers shall not exceed twenty (20) pound water capacity. Aggregate capacity shall not exceed sixty (60) pound water capacity. Each device shall be separated from other containers by a distance of not less than twenty feet (20'). Section 3804.2, add an exception #2 to read as follows: Exceptions: 1. (existing exception unchanged) 2. Except as permitted in 308.3 and 3804.3.2, LP -gas containers are not permitted in residential areas. Section 3804.3.2; add to read as follows: 3804.3.2 Spas, pool heaters, and other listed devices. Where natural gas service is not available, LP -gas containers are allowed to be used to supply spa and pool heaters or other listed devices. Such containers shall not exceed two hundred fifty pound (250) water capacity. See Table 3804.3 for location of containers." Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4: Ordinances conflicting herewith are hereby repealed, but only to the extent of such conflict; remaining portions of such ordinances are hereby saved from repeal to the extent they do not conflict herewith. Section 5: This ordinance is declared to be a health and safety measure. Any person, firm, or corporation violating any provision of the Fire Code herein adopted shall be deemed guilty of a misdemeanor and upon conviction fined in an amount not to exceed Two Thousand Dollars ($2,000) for each such violation. Each day, a violation shall continue to exist shall constitute a separate offense punishable hereunder. Violations may also be punished by civil penalties imposed after suit. The amount of such civil penalties shall be any amount up to the maximum allowed by law. Section 6: The City Secretary is hereby ordered and directed to cause the descriptive caption and penalty provisions of this ordinance to be published as an alternative method of publication provided by law. Section 7: This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. PASSED AND ADOPTED this 23rd day of June, 2008. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Andy Jones, Fire Chief CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 6 -23 -2008 Presented by: David Pendley Agenda No. DA Subject: GN 2008 -049 Consideration of Adopting the 2005 National Electrical Code as Amended - Ordinance No. 2998 CASE SUMMARY: In a continuing effort to update our existing codes and comply with state mandates, staff brings forth consideration of the 2005 National Electrical Code, along with the NCTCOG recommended and local amendments. This action follows suit with surrounding communities that have all ready completed the adoption of the new electrical code. The Council appointed Construction Board of Appeals, who also acts as our Technical Code Review Committee, has reviewed the new electrical code with the proposed amendments, and supports its adoption. 2005 National Electrical Code NFPA 70, aka the 2005 National Electrical Code, as published by the National Fire Protection Association, applies to all types of construction (commercial and residential), except for electrical utility work. It is the primary electrical code used throughout the United States and has been adopted by a majority of our surrounding communities. Several changes that will take effect under this code are: • Local amendment to provide alternate grounding method when using non- metallic water supply. • Requirement for GFI outlets within 6 feet of a laundry tub regardless of whether a working surface is provided. • GFI outlets required in commercial and industrial kitchens. • GFI protection in commercial outdoor areas accessible to public. • Allows for lower load calculations when heat pumps are installed in residences. • Prohibits the use of sheet metal screws to connect grounding devices to electrical enclosures. • Pipe guard strips are no longer permitted to protect wiring passing through studs and joists. Approved conduit must be utilized. • Requires the use of combination arc -fault breakers in all bedrooms. • Requires an amperage deduction in romex wiring when more than 2 cable assemblies penetrate wood framing members. The citizens of North Richland Hills can be assured that since code changes are only approved by voting members of the National Fire Protection Association, who are primarily code officials, the changes are deemed safe and appropriate for construction. Recommendation: To approve the recommendation of the Technical Code Review Committee and adopt the 2005 National Electrical Code - Ordinance No. 2998. (Excerpt from Construction Code of Appeals Board meeting — May 22, 2008) CONSIDERATION AND RECOMMENDATION TO ADOPT THE 2006 INTERNATIONAL BUILDING CODE, THE 2006 INTERNATIONAL FIRE CODE AND THE 2005 NATIONAL ELECTRICAL CODE WITH LOCAL AMENDMENTS Dave Pendley opened the meeting by introducing the newest member, Robert Nicholas, a local structural engineer to the board. Dave Pendley handed out a power point presentation which was given to the City Council during their pre- session recently. He explained that a few years ago the state mandated the 2003 IBC for minimum state building codes. It is anticipated that the 2006 IBC will soon be mandated during the next session. Our city is one of the last to adopt the 2006 IBC. In approximately 60 days we will be adopting the residential, mechanical, plumbing, fuel gas and energy codes as well. The power point handouts show highlights of the proposed changes for the IBC, NEC and IFC Codes. He explained that most of the IBC changes will have minimal effects on our contractors. Dave Pendley discussed changes to the 2006 International Building Code. Kirk Marcum explained the changes to the 2006 International Fire Code. Changes to the 2005 National Electric Code were discussed by Dave Pendley. Joe Crane asked if there have been any policy changes on how we are inspecting the main service grounds for plumbers using plastic plumbing? After some discussion, Mr. Pendley explained that we are still inspecting 5/8 rebar 20' in length. The purpose of the updates are to remain current on the latest technologies and construction methods, update building codes for state mandates, stay current with surrounding communities and improve our ISO ratings. ORDINANCE NO. 2998 AN ORDINANCE AMENDING CHAPTER 98 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND ADOPTING THE 2005 NATIONAL ELECTRICAL CODE WITH REGIONAL AMENDMENTS RECOMMENDED BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND LOCAL AMENDMENTS RECOMMENDED BY THE NORTH RICHLAND HILLS CONSTRUCTION ADVISORY COMMITTEE AS THE ELECTRICAL CODE FOR THE CITY OF NORTH RICHLAND HILLS; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the North Richland Hills City Council desires to adopt the 2005 National Electrical Code with amendments recommended by the North Central Texas Council of Governments and its own construction advisory committee in order to protect the lives and safety and property of persons within the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Sections 98 -232 and 98 -233 of the North Richland Hills Code of Ordinances are hereby amended to read as follows: "Sec. 98 -232. 2005 Edition of the National Electric Code adopted. All electrical equipment installed or used in the City and all installations of electrical equipment shall be reasonably safe to persons and property and in conformity with the standards provided by the National Fire Protection Association, and with the provisions of this chapter, applicable state statutes, and any rules or regulations issued under authority thereof. The National Electrical Code, 2005 Edition, including Annex G (Article 80), as published by the National Fire Protection Association, a copy of which is on file in the office of the City Secretary, and the regional amendments and interpretations thereto recommended by the North Central Texas Council of Governments, as further amended by the North Richland Hills Construction Advisory Committee which amendments are set out in Section 98 -233 hereof is hereby adopted by reference to the same extent as though set out here in full as the Electrical Code of the City of North Richland Hills. Sec. 98 -233. Amendments to the 2005 National Electric Code. The 2005 National Electrical Code is hereby modified by the following amendments: "Section 80.11(C) and (D) - add new paragraphs. 80.11(C) Change in Occupancy. It shall be unlawful to make a change in the occupancy of any structure which will subject the structure to any special provision of this code applicable to the new occupancy without approval of the code official. The code official shall certify that such structure meets the intent of the provisions of law governing building construction for the proposed new occupancy and that such change of occupancy does not result in any hazard to the public health, safety or welfare. No change shall be made in the use or occupancy of any building that would place the building in a different division of the same group of occupancy or in a different group of occupancies, unless such building is made to comply with the requirements of this code for such division or group of occupancy. Subject to the approval of the code official, the use or occupancy of existing buildings shall be permitted to be changed and the building is allowed to be occupied for purposes in other groups without conforming to all the requirements of this code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use. 80.11(D) Moved buildings. Electrical systems and equipment that are a part of buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new installations. EXCEPTIONS: The factory installed and inspected systems of: 1. HUD or Texas State approved mobile and manufactured homes 2. Texas State approved modular homes 3. Texas State approved industrialized buildings "Section 80.15 Electrical Board — Delete entire section. "Section 80.19(D), (E) — Delete Paragraphs. "Section 80.19(F)2, 4 — Delete Paragraph. "Section 80.23 — Amend to read: 80.23(A) Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize any electrical system or equipment, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 80.23(B) Violation penalties. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed two thousand dollars ($2,000.00) for all violations involving fire safety, or public health and sanitation and shall be fined not more than five hundred dollars ($500.00) for all other violations of this ordinance. Each day or any portion thereof during which any violation of this ordinance occurs or continues shall be deemed a separate offense and upon conviction thereof shall be punishable as herein provided. 80.23(C) Stop work orders. Upon notice from the code official, work on any electrical system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work or causing such work to be done. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Such work shall not resume until authorized by the code official to proceed. 80.23(D) Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the electrical on or about any premises. 80.23(E) Unsafe electrical systems or equipment. Any electrical system or equipment regulated by this code that is unsafe or that constitutes a fire or health hazard, unsanitary condition, or is otherwise dangerous to human life is hereby declared unsafe. Any use of an electrical system or equipment regulated by this code constituting a hazard to safety, health or public welfare by reason of improper installation, inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared an unsafe use. Any such unsafe equipment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal. When any electrical system or equipment is maintained in violation of this code, and in violation of any notice issued pursuant to the provisions of this section, the code official may institute any appropriate action to prevent, restrain, correct or abate the violation. All buildings or structures subjected to damage by deterioration or by fire shall be inspected by the code official, and all unsafe wiring or electrical equipment shall be repaired or replaced. 80.23(F) Authority to condemn. Whenever the code official determines that any electrical system or equipment, or portion thereof, regulated by this code has become hazardous to life, health or property or has become unsanitary, or is otherwise dangerous to human life, the code official shall order in writing that such electrical system or equipment either be removed or restored to a safe or sanitary condition. A time limit for compliance with such order shall be specified in the written notice. No person shall use or maintain defective electrical after receiving such notice. "Section 80.25 Amend to read as follows: 80.25(A) Authority to order disconnection of utilities. The code official shall have the authority to order disconnection of any energy source or utility service supplied to a building, structure or equipment regulated by this code when it is determined that the equipment or any portion thereof has become hazardous or unsanitary. The code official shall also have the authority to order disconnection of any energy source or utility service supplied to a building, structure or equipment regulated by this code when it is determined that a building or property is being used without a valid Certificate of Occupancy or in violation of a valid Certificate of Occupancy. Written notice of such order to disconnect service and the causes thereof shall be given within twenty -four (24) hours to the owner and occupant of such building, structure or premises, provided, however, that in cases of immediate danger to life or property, such disconnection shall be made immediately without such notice. If not notified prior to disconnecting, the owner or occupant of the building, structure or service systems shall be notified in writing, as soon as practical thereafter. 80.25(B) Connection after order to disconnect. No person shall make connections from any energy, fuel, power supply or water distribution system or supply energy, fuel or water to any equipment regulated by this code that has been disconnected or ordered to be disconnected by the code official or the use of which has been ordered to be discontinued by the code official until the code official authorizes the reconnection and use of such equipment. "Section 80.27 Amend to read as follows: 80.27 Organization 80.27(A) Code Official. Whenever the term "code official" is used in this code, it shall be construed to mean the building official or his authorized representative(s). The code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges. 80.27(B) Deputies. In accordance with the prescribed procedures of this jurisdiction, the code official shall have the authority to appoint an assistant code official, other related technical officers, inspectors, and other employees. 80.27(C) Restriction of employees. An official or employee connected with the department of inspection shall not be engaged in directly or indirectly connected with the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building within the City of North Richland Hills; and such officer or employee shall not engage in any work that conflicts with official duties or with the interests of the department. Further no official or employee shall be permitted to work for, or be connected with, any electrical contractor, electrical manufacturer or wholesale supply company, or do any electrical work within the City of North Richland Hills while employed as an inspector by the city. 80.27(D) Liability. The code official charged with the enforcement of this code, acting in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the code official or employee because of such act or omission performed by the code official or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings and any judgment resulting there from shall be assumed by this jurisdiction. * *Add new Section 80.28: 80.28 Home Owner Permits /Projects 80.28(A) Homestead owner. Permits may be issued to a property owner who wishes to do electrical work in a building owned and occupied by him as his homestead. This provision only permits the homeowner to work on that part of the electrical system that occurs after, but does not include, the first main breaker behind the electrical meter. The term "to do electrical work" shall be construed to mean work actually done personally by the owner. 80.28(6) Who may do the work. General. It shall be unlawful for any person to do or cause to be done any electrical work within the City of North Richland Hills except as provided in this section. Doing work other than what is authorized by this section is considered a violation by the worker as well as the master and /or contractor. Master electrician. A master electrician may contract for and engage in the business of installing, repairing, or replacing electrical wiring or equipment of any nature on or in buildings or structures. The master electrician may employ, direct and supervise journeyman electricians, residential wireman electricians, maintenance electricians, residential maintenance electricians, helpers, and apprentice electricians. * *Section 80.29 delete entire section * *Section 80.35 delete section. * *Section 230.2(A) add a sixth special condition. 230.2 Number of Services. A building or other structure served shall be supplied by only one service unless permitted in 230.2(A) through (D). For the purpose ... {text unchanged) ... shall be considered to be supplying one service. (A) Special Conditions. Additional services shall be permitted to supply the following: (1) Fire Pumps (6) In supplying electrical service to multifamily dwellings, two or more laterals or overhead service drops shall be permitted to a building when both of the following conditions are met: a. The building has six or more individual gang meters and all meters are grouped at the same location. b. Each lateral or overhead service drop originates from the same point of service. "Section 230.71(A) add an exception. 230.71 Maximum Number of Disconnects. (A) General. The service disconnecting means for each service permitted by 230.2, or for each set of service- entrance conductors permitted by 230.40, Exception Nos. 1, 3, 4, or 5, shall consist of not more than six switches or sets of circuit breakers, mounted in a single enclosure, in a group of separate enclosures, or in or on a switchboard. There shall be no more than six sets of disconnects per service grouped in any one location. For the purpose ... {text unchanged) ... shall not be considered a service disconnecting means. Exception: Multi- occupant Buildings. Individual service disconnecting means is limited to six for each occupant. The number of individual disconnects at one location may exceed six. "Section 250.52 add a paragraph. 250.52 Grounding Electrodes. (A) Electrodes Permitted for Grounding. Where a metal underground water pipe, as described in item (1), is not present, a method of grounding as specified in (2) through (4) below shall be used. "Section 250.52(A)(3) modify section. Concrete - encase Electrode An electrode entirely encased by at least 50 mm (2in.) of concrete, located within and near the bottom of a concrete foundation that is in direct contact with the earth, and consisting of a single section of 6 m (20 ft.) of one or more bare or zinc galvanized or other electrically conductive coated steel reinforcing bars or rods of not less than 13 mm (1/2 in.) in diameter, or consisting of a single section of 6 m (20 ft.) of bare copper conductor not smaller than 4 AWG. When approved by the code official, a concrete encased electrode of conductive steel reinforcing rod not less than 6 m (20 ft.) in length, nor less than 16 mm (5/8 in.) in diameter, may be permitted to be partially exposed provided that no more than 2 ft of the electrode material is exposed. The exposed section must be protected from damage and corrosion. The location where an electrode grounding conductor is bonded to the alternant grounding electrode must be accessible and available for inspection at all times within a junction box or other approved device. "Section 300.11(A) change to read as follows: 300.11 Securing and Supporting. (A) Secured in Place. Raceways, cable assemblies, boxes, cabinets, and fittings shall be securely fastened in place. Support wires that do not provide {text unchanged }. Cables and raceways shall not be supported by ceiling grids. Cable assemblies must be protected and /or shielded from contact with metal piping, nail plates, or other metallic surfaces. (1) Fire -Rated Assemblies. Wiring located within the cavity of a fire -rated floor - ceiling or roof - ceiling assembly shall not be secured to, or supported by, the ceiling assembly, including the ceiling support wires unless tested as part of a fire -rated assembly. An independent means of secure support... {text unchanged) ... are part of the fire -rated design. (delete exception) "Section 300.11(A)(2) change to read as follows: 300.11 Securing and Supporting. (A) Secured in Place. (2) Non - Fire -Rated Assemblies. Wiring located within the cavity of a non -fire- rated floor - ceiling or roof - ceiling assembly shall not be secured to, or supported by, the ceiling assembly, including the ceiling support wires. unless authorized by, and installed in accordance with, the ceiling system manufacturer's instructions. An independent means of secure support shall be provided. (delete existing exception) Add exception: From the last point of independent support or base for connections within an accessible ceiling to luminaire(s) (lighting fixture(s)) or equipment, branch circuit or fixture whip wiring shall be allowed to be supported by the ceiling support wires. "Section 310.14 change to read as follows: 310.14 Aluminum Conductor Material. Aluminum conductor materials shall not be installed; however, aluminum conductors or copper -clad aluminum conductors may be utilized for service entrance and feeder conductors 1/0 in size or larger. Aluminum conductors or copper -clad aluminum conductors shall not be utilized for branch circuits or other wiring methods. Selid al GGRdUGtGF6 9, 10, 12, AVVG shall be made of aR ... {remainder of text unchanged}. "Section 310.15(B)(6) change to read as follows: 310.15 Ampacities for Conductors Rated 0 -2000 Volts. (B) Tables. (6) 20 /240 -Volt, 3 -Wire, Single -Phase Dwelling Services and Feeders. For dwelling units, conductors, as listed in Table 310.15(B)(6), shall be ... {text unchanged) ... provided the requirements of 215.2, 220.22, and 230.42 are met. This Section shall not be used in conjunction with 220.30. "Section 334.10 change to read as follows: 334.10. Uses Permitted. Type NM, Type NMC, and Type NMS cables shall be permitted to be used in the following: (1) One- and two- family dwellings. (2) In any multifamily dwelling not exceeding three floors above grade. Exception: An additional level shall be permitted in multifamily dwellings where the entire structure is protected throughout by an approved automatic sprinkler system. (3) Other structures not exceeding 3 stories in height. Note: In paragraph 2 & 3 above: For the purpose of this article, the first floor of a building shall be that floor that has 50 percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted. "Section 334.12 add another use not permitted, (11): 334.12 Uses Not Permitted. (A) Types NM, NMC, and NMS. Types NM, NMC, and NMS cables shall not be used as follows: (1) As open runs... {text unchanged} (11) In non - residential metal frame structures. "Section 500.8(A)(1) change to read as follows: 500.8 Equipment. (A) Approval for Class and Properties. (1) Equipment shall be identified ... {text unchanged) ... the maximum surface temperatures specified in 503.1. FPN: Luminaries (lighting fixtures) and other heat - producing apparatus... {text unchanged } ... see Exception No. 3 to 500.8(6). REASON FOR CHANGE: "Identified" is already defined in Chapter 1. Section 3: Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 4: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 5: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED this 23rd day of June, 2008. CITY OF NORTH RICHLAND HILLS 0 ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6 -23 -2008 Presented by: Agenda No. E.0 Subject: PUBLIC WORKS No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 6 -23 -2008 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: Police Council Meeting Date: 6 -23 -2008 Presented by: Sean Hughes Agenda No. F.1 Subject: GN 2008 -057 Consider acceptance of a Texas Governor's Division of Emergency Management Grant in the amount of $235,500.00 for purchase of equipment to enhance the Explosives Response Team and provide funding for Urban Search and Rescue Training The City of North Richland Hills has been awarded a total of $235,500 from the Governor's Division of Emergency Management, Urban Area Security Initiative (UASI) grant to purchase equipment to enhance the Northeast Explosives Response Team and fund Urban Search and Rescue Training. From the grant, $200,000 was targeted to fund the purchase of a live scan x -ray unit, a new explosives robot, and upgraded breathing apparatus. All of this equipment will greatly enhance the ability of the Northeast Explosives Response Team to respond to and deal with threats and emergencies. The amount of $35,500 was granted to fund training for personnel training related to Urban Search and Rescue. This training will also greatly enhance the ability of the personnel to respond and deal with threats and emergencies. Acceptance of this grant does not require matching funds. The city will be reimbursed 100% after all equipment has been purchased. Recommendation: To accept the Texas Governor's Division of Emergency Management, Urban Area Security Initiative (UASI) Grant CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 6 -23 -2008 Presented by: John Pitstick Agenda No. F.2 Subject: GN 2008 -056 Consideration to Authorize the City Manager to Execute an Agreement to allow surveying of City Property by Chesapeake Energy for potential gas pipelines - Resolution No. 2008 -036 City Staff has recently been approached by Chesapeake Energy with a request to survey several city properties in an effort to establish future gas distribution pipelines connecting drill sites to markets. At this time Chesapeake Energy has only made applications for three gas wells on a single drill site on the far southern limits of the city near Fossil Creek Park. However, Chesapeake Energy has informed staff that they are committed to make a major presence in North Richland Hills with a pipeline distribution system. The Texas Midstream Gas Company which is wholly owned by Chesapeake Energy is the company planning to construct the gas pipelines. The proposed gas pipelines are planned in several locations throughout the city. Some of the pipelines will be crossing city parks and other property owned by the city. Texas Midstream has the legal right to acquire property as a public utility and have sent several letters to property owners expressing their desire to move forward with the acquisition of pipeline easements. In an effort to work with Chesapeake but also to help insure that the city and its residents get a high quality pipeline, staff is requesting that City Council consider an agreement to allow Chesapeake to survey city properties with the understanding that certain minimum standards would have to be met on all properties within the city. The primary standards would include: 1) narrow permanent easements and limited temporary easements where possible 2) directional boring where possible 3) proper barricades and signage adjacent to roadways 4) minimum depths of gas pipelines to be 5 feet within city 5) pipeline alignments on peripheries of properties where possible and out of conflict with proposed future structures Other detailed requirements such as allowances for surface improvements, future parking, landscaping, driveways and utilities will be included on future license agreements at the time Texas Midstream Gas Company is ready to acquire the easements. The above are only meant to be minimum standards. Recommendation: Approve Resolution No. 2008 -036 authorizing the City Manager to Execute an Agreement with Chesapeake Energy for surveying city owned properties. Ni�H RESOLUTION NO. 2008 -036 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute an Agreement with Chesapeake Energy/Texas Midstream Pipeline Company for the purpose of allowing access and surveying of city property to determine potential gas pipeline alignments in exchange for certain minimum standards for all pipelines within the city. PASSED AND APPROVED this the 23rd day of June, 2008. CITY OF NORTH RICHLAND HILLS 2 ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director N RH GAS COMPANY ACCESS and SURVEY AGREEMENT This ACCESS and SURVEY AGREEMENT is entered into by and between the City of North Richland Hills, Texas, hereinafter called "CITY" and Chesapeake Energy/Texas Midstream, hereinafter called "PIPELINE COMPANY ". WHEREAS, the City of North Richland Hills has passed a Gas Drilling and Production Ordinance and is supportive of the production and distribution of natural gas within North Richland Hills; and WHEREAS, the City of North Richland Hills understands that gas pipelines are necessary to connect drilling sites to markets; and WHEREAS, the City of North Richland Hills has received a request from Chesapeake Energy/Texas Midstream Gas Company to survey particular properties owned by the City of North Richland Hills and public rights -of -way to determine gas pipeline alignments; and WHEREAS, the City of North Richland Hills has an obligation to protect public facilities such as parks, streets, water and sanitary sewer utilities, storm sewers and other city facilities; and WHEREAS, the City of North Richland Hills wants to encourage the location of gas pipelines in existing easement corridors where possible; and WHEREAS, the City of North Richland Hills wants to establish minimum standards for placing gas pipelines within the city; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties hereto agree as follows: The CITY does hereby grant to PIPELINE COMPANY the right to access and survey CITY owned properties for the purpose of determining the most appropriate gas pipeline alignments through North Richland Hills with the understanding that the right to survey is not the grant of a pipeline easement and such easements will include terms and conditions appropriate to protect the public use. PIPELINE COMPANY agrees to the following minimum standards for all properties (both public and private property) within North Richland Hills: 1. PIPELINE COMPANY shall obtain minimum width permanent easements and limited temporary easements where possible. 2. PIPELINE COMPANY shall utilize directional boring where possible. 3. PIPELINE COMPANY shall utilize proper barricades and signage adjacent to public roadways. 4. PIPELINE COMPANY shall bury gas pipelines within the city a minimum depth of five feet (6). 5. PIPELINE COMPANY shall seek pipeline alignments on peripheries of properties where possible and out of conflict with proposed future structures. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate originals in Tarrant County, Texas. CITY OF NORTH RICHLAND HILLS CHESAPEAKE ENERGY la Larry J. Cunningham, City Manager ATTEST: Patricia Hutson, City Secretary as TEXAS MIDSTREAM GAS COMPANY 0 ATTEST: APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 6 -23 -2008 Presented by: John Pitstick Agenda No. F.3 Subject: GN 2008 -058 Consider Approval of a Resolution encouraging alignment of natural gas pipelines within existing easements and roadway corridors and not in conflict with residential neighborhoods or prime development and redevelopment properties within North Richland Hills - Resolution No. 2008 -037 City Staff continues to receive plans for new gas drilling sites and new gas pipelines throughout the community as a result of North Richland Hills' location within the Barnett Shale. Staff has recently heard from several property owners who have been approached by gas pipeline companies about acquiring pipeline easements across private property. Gas pipeline companies have legal rights to acquire property as a public utility. Although it is in the best interest of both parties for the gas pipeline company to be courteous and fair in its dealings with the property owners sometimes the property owners are not pleased with the outcome. As the gas companies continue to acquire easements and plan for their gas pipeline distribution systems throughout the city, staff has prepared a Resolution at the request of Council stating the City's position concerning the future gas pipelines. The City has recently completed the Comprehensive Plan update that includes the identification of existing utility easement and roadway corridors that can be used for additional pipelines. As requested by Council the resolution also encourages an open dialog with property owners; placement of pipelines away from residential neighborhoods; placement on the periphery of prime commercial tracts; and burying pipelines a minimum of (5) five feet deep to allow for future utility development on private properties. Recommendation: Approve Resolution No. 2008 -037. RESOLUTION NO. 2008 -037 A RESOLUTION ENCOURAGING THE CONSTRUCTION OF NATURAL GAS PIPELINES WITHIN EXISTING EASEMENTS AND RIGHT OF WAY CORRIDORS AND NOT IN CONFLICT WITH RESIDENTIAL NEIGHBORHOODS OR PRIME DEVELOPMENT OR REDEVELOPMENT PROPERTIES WITHIN THE CITY OF NORTH RICHLAND HILLS. WHEREAS, the City of North Richland Hills has passed a Gas Drilling & Production ordinance that encourages natural gas production within North Richland Hills with high standards for safety and aesthetics to allow gas wells in certain areas of the city; and WHEREAS, the City of North Richland Hills understands that gas gathering and distribution pipelines are necessary to carry natural gas from drilling sites to markets; and WHEREAS, the City of North Richland Hills has several established utility corridors through the community including major electric, railroad, drainage channels and rights -of -way that can accommodate additional utilities including gas pipelines within existing easements; and WHEREAS, the City of North Richland Hills has a duty to properly plan for changes in land uses; and to inform and protect citizens and property owners of major development changes; and to seek the highest and best land uses and values of properties; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, THAT SECTION 1. The City of North Richland Hills encourages all gas pipeline companies: to establish major pipeline alignments within existing utility and roadway corridors in accordance with the City's Comprehensive Land Use Plan; to have an open dialog with property owners and citizens for establishing pipeline easements on private properties; to utilize direct boring where possible and bury all pipelines a minimum of 5 feet in depth throughout the city; to establish pipeline easements away from residential neighborhoods and on the peripheries of prime commercial properties in an effort to protect the value and potential use of all properties. AND IT IS SO RESOLVED. PASSED AND APPROVED this the 23rd day of June, 2008. CITY OF NORTH RICHLAND HILLS M ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 6 -23 -2008 Agenda No. F.4 Subject: GN 2008 -053 Appointments to Animal Control Shelter Advisory Board - Places 2 and 4 The individuals serving in Places 2 and 4 on the Animal Control Shelter Advisory Committee terms of office will expire on June 30. The ordinance establishing the Committee states that the appointment to Place 2 shall be a city official and the appointment to Place 4 shall be a representative from an animal welfare organization. Currently serving in Place 2 is Councilman John Lewis and serving in Place 4 is Pam Burney, who is Vice President of National Outreach with the American Society for the Prevention of Cruelty to Animals. Both of these positions are two -year terms of office. Recommendation: To appoint Councilman Lewis to Place 2 and to appoint Pam Burney to Place 4, terms expiring June 30, 2010. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 6 -23 -2008 Agenda No. F.5 Subject: GN 2008 -054 Appointments to Park and Recreation Facilities Development Corporation - Places 1, 3, 5 and 7 The terms of office for the Board Members serving in Places 1, 3, 5 and 7 on the Park and Recreation Facilities Development Corporation expired on May 1, 2008. The Corporation's Articles of Incorporation and Bylaws state that appointments to the Board of Directors are to be made by the City Council and that Places 1 -4 are designated for Council Member Directors and Places 5 -7 are designated for Citizen Member Directors. Because of the purpose of this Board, practice has been to select current members of the Park and Recreation Board to serve on this Board. The places with expired terms are: Place 1 - Council Member Director (Councilman Whitson - incumbent) Place 3 - Council Member Director (Mayor Trevino - incumbent) Place 5 Citizen Member Director (Park Board Member Tracye Tipps — incumbent) Place 7 Citizen Member Director (Park Board Member Brad Green — incumbent) Other board members whose terms have not expired are: Councilman Lewis, Place 2; Councilman Barth, Place 4; and Tom Lombard, Place 6. Recommendation: To appoint 1) Council Member Directors to Places 1 and 3, terms expiring May 1, 2010 2) Citizen Member Directors who are also serving on the Park and Recreation Board to Places 5 and 7, terms expiring May 1, 2010. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 6 -23 -2008 Agenda No. F.6 Subject: GN 2008 -052 Appointments to Civil Service Commission - Places 1, 21 4 and Ex Officio The terms of office for the individuals serving in Places 1, 21 4 and Ex Officio on the Civil Service Commission expire June 30, 2008. The Charter stipulates that these appointments are mayoral appointments with confirmation by two- thirds vote of the Council. Mayor Trevino is recommending the following individuals for Council confirmation: Place 1 Place 2 Place 4 Ex Officio Ex Officio Recommendation: Sally Bustamante September Daniel Dick Bartek Tony Radar Brent Barrow To take action on the Mayor's appointments. term expires 6/30/2009 term expires 6/30/2009 term expires 6/30/2010 term expires 6/30/2010 Term expires 6/30/2010 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 6 -23 -2008 Agenda No. F.7 Subject: GN 2008 -059 Appointments to Red Light Camera Advisory Committee In accordance with State Law and Article X of Chapter 54 of the North Richland Hills Code of Ordinances, the Mayor and each member of Council is required annually to appoint an individual to serve on the Red Light Camera Advisory Committee. The committee's purpose is to advise the Council on the installation and operation of a photographic traffic signal enforcement established under Article X of Chapter 54. The Mayor and Council members have submitted the following names for appointment to the Red Light Advisory Committee. Their terms of office will expire June 30, 2009. Mayor Trevino Councilman Lewis Councilman Sapp Councilwoman Compton Councilman Barth Councilman Whitson Mayor Pro Tern Turnage Mike Witt Tito Rodriguez Scott Wood Scott Eager Steve Koons Tom Lombard Pam Hansen Councilman Welch will submit the name of his appointment at a future council meeting. Recommendation: To approve the appointments to the Red Light Advisory Committee submitted by Mayor and Council, term expiring June 30, 2009. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 6 -23 -2008 Agenda No. F.8 Subject: GN 2008 -055 Appointments to Boards & Commissions The terms of office for the individuals serving on the Boards and Commissions in Places 21 4, 6 and Alternate / Ex Officio expire. For the boards listed below, Chapter 2, Article III, Section 2-121c of the Code of Ordinances states that the City Council will act upon Council member nominations. The following nominations have been submitted for Council consideration at this time: Keep North Richland Hills Beautiful Commission Place 4 Doris Tipps Place 6 Kathy Luppy Alternate Dianna Spradling Board of Adjustment Place 2 Place 4 Place 6 Library Board Place 2 Place 4 Place 6 Alternate Tito Rodriguez Fonda Kunkel Bill Gibbs David Nelson Kay Schmidt Mike Madar Kathy Antropik Park and Recreation Board Place 2 Tom Lombard Place 4 Marlin Miller Place 6 Jay Crane Planning & Zoning Commission and Capital Improvement Advisory Committee Place 2 Mike Benton Place 4 Randy Shiflet Place 6 Bill Schopper Page 2 of 2 Substandard Building Board Place 2 Thomas Moreau Place 4 Philip E. Orr, Jr. Place 6 Brian Crowson Teen Court Advisory Board Place 2 Janet Golightly Place 6 Karen Russell The terms of office will expire June 30, 2010. Recommendation: To take action on the above listed appointments CITY OF NORTH RICHLAND HILLS Department: Attorney Presented by: George Staples Council Meeting Date: 6 -23 -2008 Agenda No. F.9 Subject: GN 2008 -060 Ordinance to Establish Procedures for Recognition of Vested Rights - Ordinance No. 3001 This ordinance is recommended by the city attorney to establish procedures for the recognition of vested rights by those who seek to develop without conforming to current requirements. It references Chapter 245 of the Texas Local Government Code, although it is broader and applies to any situation in which vested rights are claimed. It is largely procedural. Recommendation: To approve Ordinance No. 3001. CITY OF CITY OF CITY OF CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilman John Lewis Subject: Announcements - Councilman Lewis Announcements Council Meeting Date: 6 -23 -2008 Agenda No. H.1 Dive -in Movies continue on Friday nights at NRH20. Join us on June 27 for "The Water Horse" and July 4 for "E.T." Dive -in Movies are free with paid admission to the park. For more details, please call 817 - 427 -6500. Join us on July 4th for the Quad Cities Family 4th Fireworks Show. The fireworks start at 9:30 p.m. They can be viewed from Wiley G. Thomas Coliseum in Haltom City and the ATI Career Training Center located off of Boulevard 26 in North Richland Hills. Parking is free at both locations and will be available on a first come first served basis. For more information, please call 817- 281 -9376. City Hall and other City offices will be closed for the July 4th Holiday. Garbage and recycling will not be collected on July 4th. Friday collections will be made on Saturday, July 5th instead. The Texas Department of Transportation will hold a public hearing about the Northeast Loop 820 Widening Project on Tuesday, July 1 at 7 p.m. The meeting will be held at the Richland Hills Church of Christ located at 6300 North East Loop 820. Maps will be available for viewing starting at 6:30 p.m. All interested residents are invited to attend and provide verbal or written comments. Written comments may also be submitted to the TxDOT Fort Worth District Office. For more information visit, www.txdot.gov and enter the keywords "North Tarrant Express." Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Ruben Rodriguez, Scott Pearce and Michael Salazar, Parks & Recreation Department — An e-mail was received from a resident and member of the Richland Youth Association thanking the grounds crew for the terrific job they did on the Richfield baseball fields. The resident had never seen the fields look so good. He thanked the parks crew for taking the time and effort to make everything perfect. CITY OF