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Home My WebLink AboutCC 2009-04-13 AgendasCITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, April 13, 2009 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2009-035 Update on State Legislation (10 Minutes) A.3 IR 2009-036 Rufe Snow Drive/Glenview Drive Intersection Concept Study Update (20 Minutes) A.4 IR 2009-033 Discussion of the Recreation Center Project -Public Input and Design Process (20 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 Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Mineral Leases) B.2 Executive Session: Pursuant to Section 551.087, Texas Government Code to deliberate the offer of a financial incentive -Calloway Branch Creek Bridge B.3 Executive Session: Pursuant to Section 551.071 for consultation with Attorney on litigation on settlement of Davis vs. NRH B.4 Executive Session: Pursuant to Section 551.074, Texas Government Code to deliberate the appointment, employment, evaluation, duties of council appointed positions -City Manager 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, xas Government Code on April 10, 2009 at '.1 a.m. -- . 1 `~ ,,`,~ , Assbstant 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. NRH City Council Agenda -April 13, 2009 Page 1 of 4 a CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, April 13, 2009 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 -Mayor for a Day Samuel Smith A.3 Special Presentation(s) and Recognitions) -Proclamation on Child Abuse Prevention Month presented by Councilman Barth -Julie Evans a representative from Alliance For Children will be accepting the proclamation A.4 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.5 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 February 5, 2009 City Council and Planning and Zoning Joint Work Session B.2 Approval of Minutes of March 23, 2009 City Council Meeting B.3 PU 2009-013 Authorize Inter-local Purchasing Agreement with Tarrant County NRH City Council Agenda -April 13, 2009 Page 2 of 4 B.4 PU 2009-014 Authorize Inter-local Purchasing Agreement with the City of Allen B.5 PU 2009-015 Authorize Inter-local Purchasing Agreement with the City of Cedar Hill B.6 PU 2009-009 Authorize the Purchase of Iron Horse Replacement Equipment from Austin Turf in the amount of $67,014.95 B.7 PU 2009-012 Award Bid No. 09-016 for the HVAC Replacement Project to Airwise Heating and Air Inc. in the amount of $52,486 B.8 PU 2009-017 Award Bid 09-013 for NRH2O Water Park Food Service Products to C. D. Hartnett as Primary Supplier and Ben E. Keith as Secondary Supplier B.9 PU 2009-016 Authorization to Reject All Bids Received for the RFB 09-015 Tennis Court Resurfacing Project at Richland Tennis Center C.0 PUBLIC HEARINGS There are no items for this category. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. There are no items for this category. E.0 PUBLIC WORKS E.1 PW 2009-009 Approve Amending Section 78-61(a) by adding a new Section to the North Richland Hills Code of Ordinances, Revising the Water Rationing Schedule, and Adopting a new Drought Contingency and Emergency Water Management Plan -Ordinance No. 3046 E.2 PW 2009-010 Approve Amending Section 78-62 of the North Richland Hills Code of Ordinances Revising the Water Conservation Plan -Ordinance No. 3047 F.0 GENERAL ITEMS F.1 GN 2009-017 Consider an Amendment to Chapter 34, Section 34-33 Specific Nuisances - Ordinance No. 3044 F.2 GN 2009-021 2009 Victim Coordinator Liaison Grant -Resolution No. 2009-013 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 -Councilwoman Compton H.2 Adjournment All items on the agenda are for discussion and/or action. NRH City Council Agenda -April 13, 2009 Page 3 of 4 C:Prtifiratinn 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 April 10, 2009 at ~ '~ 1 a.m.~; /~ ~r Asai~~tan 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. NRH City Council Agenda -April 13, 2009 Page 4 of 4 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre-Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, April 13, 2009 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2009-035 Update on State Legislation (10 Minutes) A.3 IR 2009-036 Rufe Snow Drive/Glenview Drive Intersection Concept Study Update (20 Minutes) A.4 IR 2009-033 Discussion of the Recreation Center Project -Public Input and Design Process (20 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 Executive Session: Pursuant to Section 551.072 Texas Government Code to Deliberate the Lease of City Property (Mineral Leases) B.2 Executive Session: Pursuant to Section 551.087 Texas Government Code to deliberate the offer of a financial incentive -Calloway Branch Creek Bridge B.3 Executive Session Pursuant to Section 551.071 for consultation with Attorney on litigation on settlement of Davis vs. NRH B.4 Executive Session: Pursuant to Section 551.074 Texas Government Code to deliberate the appointment, employment, evaluation duties of council appointed positions -City Manager C.0 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-13-2009 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2009-035 ,,.; Date: April 13, 2009 _ :~ - _. -; _-:_ '',;~ ~" Subject: Update on State Legislation ,P Attached is the second NRH Legislative Update for the 81St Regular Session of the Texas Legislature. At this time we are tracking approximately 100 city related bills. The attached report provides a list of priority legislation we are tracking. The report lists the bills being tracked, who authored the bills, a short description the City position, as well as the last action taken (through the report date). As predicted during last month's update, we have seen some significant movement of bills over the last few weeks. A number of bills have moved from the House and Senate. As previously mentioned, positions on bills could change throughout the session depending on changes and amendments to each bill as they move through the process. On Monday night I will highlight several bills that I believe are of particular interest to Council. These include: - Transportation Funding - HB 9 and SB 855 - Red Light Camera Prohibition - HB 2639 - Statewide Smoking Ban - HB 5 and SB 544 - Sales Tax Allocation Changes - HB 980 and HB 1376 - Joint TIFs - HB 3222 and SB 1947 - Property Tax Changes -Various HBs and SBs Please do not hesitate to notify me if you have any questions on a particular bill. We will continue to stay current on the latest information and notify you when action is needed to either encourage or discourage certain legislation. Respectfully Submitted, Karen Bostic Assistant City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~^ CITY OF NORTH RICHLAND HILLS Bill Status Report Updated 04-03-2009 HB 4 Orr Eminent Domain -Relating to eminent domain, including certain limitations, procedures, and standards relating to the use of eminent domain. Companions: Sg 533 Duncan (Identical) 3-30-09 S Committee action pending Senate State. Affairs Position Neutral Bill History: 03-25-09 H Committee action. pending House Land and Resource Management HB 5 Crownover~ Statewide Smoking Ban -Relating to the elimination of smoking in all workplaces and public places. Companions: SB 544 Ellis (Identical) 2-17-09 S Introduced and referred to committee on Senate Health and Human Services Position Support Bill History: 02-12-09 H Introduced and referred to committee on House State Affairs HB 9 Truitt Transportation Funding -Relating to local options regarding transportation and mobility improvement projects in certain counties. Companions: SB 855 Carona (Identical) 4- 2-09 S Reported from committee as substituted Senate Transportation and Homeland Security - Position Support Bill History: 03-02-09 H Introduced and referred to-.committee on House Transportation HB 17 Leibowitz Property Tax -Relating to the limitation on increase in the appraised value of a resident homestead for ad valorem tax. Companions: HB 700 Zerwas (Identical) 3-18-09 H Committee action pending House Ways and Means HB 711. Rose (Identical) 3-18-09 H Committee action pending House_Ways and Means HB 1018 Brown, Betty (Identical) 3-18-09 H Committee action pending House Ways and Means Position Oppose Bill History: Oz-.12-09 H introduced and referred to committee on House Ways and Means- HB 20 Leibawitz Sales Tax -Relating to exempting textbooks form university and college courses from the sale tax. Companions: HB 1803 Bohac (Identical) 3- 4-09 H Introduced and referred to committee on House Ways and Means Position Oppose. Bill History: 02-12-09 H Introduced and referred to committee on House Ways and Means HB 30 Leibawitz Public Drinking Water -Relating to boil water notification requirements for water systems. Position Oppose Bill History: 02-12-09 H Introduced and referred to-committee on-House. Natural Resources HB 45 Corte Zoning Notice -Relating to notice requirements for certain municipal ___._ ~ zoning actions. Position Support Bill History: 03=18-09 H Committee action pending House Land and Resource Management HB 46 Riddle Property Tax -Relating to a local option election in a county to set a limit on the maximum appraised value of a residence homestead for ad valorem tax. Position Oppose... Bill History: 03=-18-09 H Committee action pending House Ways and Means HB 55 Branch Cell Phone Ban -Relating to an offense of using a wireless communication device while operating a motor vehicle. Position Neutral Bill History; 03=31-09--H Voted favorably from committee as substituted House Transportation HB 57 Branch Sales Tax -Relating to exemptions from the sales tax for personal computers during a limited period. Position oppose Bill History: 02-12-09 H Introduced. and referred to committee on-House Ways -- and Means HB 122 Straus Municipal Court Fees -Relating to the use of certain court costs in a criminal case for municipal programs enhancing public safety and security. Position Support Bill History: 02-12-09 H Introduced and referred to_committee on -House ]udiciary_ and Civil Jurisprudence HB 127 Calle~ari Property Tax -Relating to the limitation on increases in the appraised value of a residence homestead for ad valorem taxation. Companions: SB 299 Patrick, Dan (Identical) 2-11-09 S Introduced and referred to committee on Senate Finance Position Oppose Bill History: 03-18-09 H Committee action pending. House Ways and Means HB 146 Smith, Todd Tax Increment Financing -Relating to the implementation of a project plan or financing plan for reinvestment zones. Companions: SB 576 Davis, Wendy (Identical) 3-31-09 H .Referred to .House Committee on House Ways and Means Position .Support Bill History: 02-12-09 H Introduced and referred to committee on House Ways and Means HB 219 Menendez Cell Phone Ban -Relating to an offense of using a wireless communication device while operating a motor vehicle in a school crossing zone. Position Neutral Bill History: 03-10-09 H Committee .action pending=House Transportation- HB 220 Menendez Cell Phone Ban -Relating to prohibitions on the use of a wireless ____-_.~ communication device while operating a motor vehicle. Position Neutral Bill History: 03-10-09 H Committee action pending House Transportation HB 259 Berman Law Enforcement -Relating to the impoundment of motor vehicle license plates and the suspension of the vehicle registration for failure to maintain financial responsibility. Position Oppose. Bill History: 02-17=09 H Introduced _and referred to' committee on House Transportation HB 293 Dutton Municipal Court -Relating to the automatic expunction of criminal records. Position Oppose Bill History: 03-09-09 H Committee action pending- House Criminal Jurisprudence HB 325 Raymond Sales Tax -Relating to exempting books purchased by university and college students from the sales tax for a limited period. Companions: SB 2222 Zaffirini (Identical) 3- 2-09 S Committee action pending Senate Finance Position Oppose Bill History: 02=17-09 H Introduced and referred to committee-on House Ways .and Means HB 360 Kuem~e_I_ TM RS -Relating to the crediting and charging of investment gains and losses on the assets held in trust by the Municipal Retirement System and providing a guaranteed minimum credit to employee accounts. Companions: SB 908 Williams (Identical) 3- 9-09 S Introduced and referred to committee on Senate State Affairs Position Support Bill History: 0.3-25-09 H Voted favorably from committee on House Pensions/Investments/Financial--Services HB 402 Woolle Eminent Domain -Relating to the use of eminent domain authority. Companions: HB 1483 Pitts (Identical) 3-25-09 H .Committee action pending House Land and Resource Management Position Neutral Bill History: 02-18-09 H Introduced and-referred to committee on House_kand and-.Resource- Management HB 412 Isett Sales Tax -Relating to an exemption from the sales and use tax for certain assessments and fees related to telecommunications services. Position Oppose Bill History: 02=18-09 H Introduced and referred to committee on House Ways. and Means= HB 424 Castro Sales Tax -Relating to exemptions from the sales tax for certain school supplies. Position Oppose Bill History: 02-1$-09 H Introduced and referred to committee on House. Ways and Means H13 468 Paxton Sales Tax -Relating to an exemption from the sales tax for certain telecommunications equipment. Companions: HB_1.658 King, Phil (Identical) 3- 3-09 H Introduced and referred to committee on House Ways .and Means Position Oppose Bill History: 02-18-09 H Introduced-and referred to_committee on House Ways. and Means- HB 489 Pickett Graffiti -Relating to the authority of a county or municipality to remove graffiti from private property at the owner's expense. Position Support Bill History: 04-06-09 H Meeting set for 2:Q0 P.M. or final Adj, E2..,House County Affairs HB 500 Kalkhorst Property Tax -Relating to a temporary prohibition on increasing the market value of certain parcels of real property for ad valorem tax purposes following determination of a protest or appeal. Position Neutral Bill History: 03-11-09 H Committee action pending House Ways-and Means HB 509 Riddle Blood Specimen Testing -Relating to the persons authorized to draw a blood specimen from a vehicle operator to test for alcohol concentration or other intoxicating substances. Position Neutral Bill History: 02-18-09 H Introduced_ and referred to committee on House .Public Safety HB S48 Pickett Law Enforcement -Relating to the impoundment of certain motor vehicles involved in the commission of the offense of racing on a highway.. Position Support Bill History: 03-24-09 H Meeting set forS:00 A.M., E2.014 House Transportation H13 579 Gutierrez Municipal Court -Relating to certain costs on conviction in certain intoxication and drug cases. Position Neutraf Bill History: 03-09-09 HCommittee-action pending House Criminal Jurisprudence HB 632 Turner, Water & Sewer -Relating to the requirement that retail water and SS I__y_vester utility services maintain auxiliary generators for use during a local power outage. PositionOppose Bill History: 03-i0-09 H Committee action pending House State_Affairs HB 700 Zerwas Property Tax -Relating to the limitation on increases in the appraised value of a residence homestead for ad valorem taxation. Companions: HB 17 Leibowitz (Identical) 2-12-09 H Introduced and referred to committee on House Ways and Means HB 711 Rose (Identical) 3-18-09 H Committee action pending House Ways and Means HB 101.8 Brown, Betty (Identical) 3-18-09 H Committee action pending House Ways and Means` Position Oppose Bill History: 03-18-09 H Committee action pending_ House Ways-and Means HB 707 Rose Purchasing -Relating to the award of certain municipal contracts. Position Neutral Bill History: 02=19-09 H Introduced .and referred to committee on House Urban Affairs HB 711. Rose Property Tax -Relating to the limitation on increases in the appraised value of a residence homestead ad valorem taxation. Companions: HB 17 Leibowitz (Identical) 2-12-09 H Introduced and referred to committee on House Ways and Means - HB 700 Zerwas (Identical) 3-18-09 H Committee action pending House Ways and Means HB 1.018 Brown, Betty (Identical) 3-18-09 H Committee action pending House Ways and Means Position Oppose Bill History: 03-18-09 H Committee action pending House Ways and Means HB 742 Flores Property Tax -Relating to an exemption from ad valorem taxation of the residence homesteads of certain totally disabled veterans and to the amount of the exemption to which a disabled veteran is entitled based on disability rating. Companions: SB 469 Carona (Identical) 3- 2-09 S Committee action. pending Senate Finance Position Neutral Bill History: 03-25=09 H Committee action .pending House Ways and Means HB 747 Gattis Law Enforcement -Relating to the taking of a specimen of the breath or blood of a person arrested for an intoxication offense under certain circumstances. Companions: SB 261 Deuell (Identical) 3-31-09 H Received in the House -Not referred.. Position Support Bill History: 02-'19-09 H Introduced and referred to committee on House Public Safety HB 847 Martinez Sales Tax -Relating to the maximum rate of certain local sales and use taxes. Position Neutrai Bill History: 02-23-09 N Introduced and referred. to committee on House-Ways and Means HB 959 Bonnen Property Tax -Relating to an exemption from ad valorem taxation of a portion of the appraised value of the residence homesteads of certain volunteer firefighters and emergency medical services volunteers. Position Oppose Bill History: 03=25-09 H_Committee action pending House-Ways and Means HB 971 Lucia III Playground Accessibility -Relating to the wheelchair accessibility of new or renovated park playgrounds to children with disabilities. Position Neutral Bill History: 02-23-09 H Introduced and referred to committee on House Culture- Recreation and Tourism HB 979 Callegari Property Tax -Relating to a limitation on the maximum appraised value of real property for ad valorem tax purposes of 110 percent of the appraised value of the property for the preceding tax year. Position Oppose Bill History: 03-18-09 HCommittee-action .pending House Ways and Means HB 980 Thompson Sales Tax -Relating to the collection and allocation of local sales and use taxes. Position Support Bill History: 02-23-09-H Introduced and- referred to committee-on House Ways and Means HB 1008 MofldV Property Tax -Relating to an exemption from ad valorem taxation of the residence homesteads of certain totally disabled veterans. Companions: HB 62 Aycock (Identical) 3-25-09 H Committee action pending House Ways and Means SB 192 Shapleigh (Identical) 2-10-09 S Introduced and referred to committee on Senate Finance Position Neutral Bill History: 03-25-09 H Committee action pending. House Ways and... Means HB 1037 Paxton Property Tax -Relating to allowing persons acquiring a new residence homestead to receive an ad valorem tax exemption on the homestead in the year in which the property is acquired. Companions: SB 2139 Wentworth (Identical) 3-31-09 S Introduced and referred to committee on Senate Finance Position Oppose Bill History: 03-11-09 H Committee action pending House Ways and Means HB 1106 Bohac Property Tax -Relating to the limitation on increases in the appraised value of a residence homestead for ad valorem taxation by certain school districts and other taxing units in Harris County. Position Oppose Bill History: 03-18-09 H Committee action pending.. House Ways and Means HB liS9 Kuempel Tax Increment Financing -Relating to the extension of the term of a reinvestment zone created under the Tax Increment Financing Act. Companions: SB 313 Wentworth (Identical) 4- 2-09 H Received in the House - .Not referred - Position Support Bill History: 03-18-09 H Committee action pending House Ways and Means HB 1174 Hartnett Sanitary Sewer Overflow -Relating to payment by a municipality for certain damages arising from the municipality's operation of its sanitary sewer system. Position Oppose Bill History: 03=26-09 H Committee action pending House Urban Affairs HB 1211 Howard, Charlie Property Tax -Relating to the limitation on increases in the appraised value of a residence homestead for ad valorem tax purposes. Position Oppose Bill History: D3-18=09 H Committee action pending House_ Ways and Means HB 1221 Howard, Charlie Property Tax -Relating to the provision of information by tax officials related to ad valorem tax rates. Position Neutral Bill History: 03-18-09 H Committee action pending House Ways and Means NB 1.254 Callegari Red Light Cameras -Relating to requiring flashing lights to be posted before an intersection at which a photographic system is used to enforce compliance with traffic-control signals. Position Oppose Bill History: 02-26-09 H Introduced and referred to committee. on House Urban. Affairs HB 1268 King, Phil Impact Fees -Relating to the imposition by a municipality of certain meter fees on a school district. Position Neutral Bill History: 02-26-09 H Introduced and referred to committee on House Public Education HB 1292 Eiland Property Tax -Relating to an exemption from ad valorem taxation of the total appraised value of the residence homestead of a member of a reserve component of the United States armed forces who is serving on active duty. Position Neutrai Bill History: 02-2b-09 H Introduced and referred to committee on House Ways and Means HB 1344 Menendez~_.Jose TMRS -Relating to requirements of TM RS board. Position Neutral Bill History: 04-01-09 H Committee action-pending Pensions, Investments & Financial Services- HB 1376 Thompson Sales Tax -Relating to the collection and allocation of local sales and use taxes. Companions: SB 852 Patrick, Dan (Identical) 3- 9-09 5 Introduced and referred to committee on Senate Finance Position Support Bill History: 03-02=09 H Introduced and referred to committee on House Ways and Means HB 1377 Thompson Sales Tax -Relating to the reallocation of local sales and use taxes. Companions: SB 851 Patrick, Dan (Identical) 3- 9-09 S Introduced and referred to committee on Senate Finance Position Support Bill History: 03-02-09 H Introduced and referred to committee on House. Ways and Means HB 1378 Thomson Electric Utilities -Relating to the recovery by an electric utility of certain expenses relating to weather-related events or natural disasters. Companions: SB 769 Williams (Identical) 4- 2-09 H Reported favorably from committee on .House State Affairs Position Oppose Bill History: 04-01-09 H-Postponed on second reading until 10:00 a.m., Monday, April 6, 2009 HB 1526 Crawnover Gas Pipelines -Relating to the authority of a common purchaser that transports natural gas by pipeline to use a public right-of-way for a pipeline. Companions: SB 1679 Hinojosa (Identical) 3-20-09 S Introduced and referred to committee on Senate. Natural Resources Position Neutral Bill History: 03-02-09 H Introduced and referred to committee on House Energy Resources HB 1535 Burnam Gas Pipelines -Relating to the requirement that gas corporations obtain a permit from the Railroad Commission of Texas before condemning property to construct certain gas pipelines. Position Support Bill History: 03-18=09 H Committee action pending House Energy .Resources HB 1575 Isett Property Tax -Relating to ad valorem tax relief. Companions: SB 700 Patrick, Dan (Identical) 4- 6-A9 S Meeting set for 9:00 a.m., E1.036,-Senate Finance Position Oppose Bill History: 04-06-09 H Meeting. set for 8:30 a.m. or final Adj., JH...House Ways and Means HB 1576 Isett Property Tax -Relating to certain limitation on ad valorem tax rates of certain taxing units. Position Oppose Bill History: 03-02-09 H-Introduced and referred to-committee. on-House Ways and- Means HB 1606 Branch Construction Manager-Agents -Relating to the regulation of the practice of construction and program management for capital improvement projects of governmental entities. Companions: SB 1090 Deuell (Identical) 3-13-09 S Introduced and referred to committee on Senate Government Organization Position Neutral Bill History: 03-02-09 H=Introduced and referred to committee on House State Affairs. HB 1661 King, Phil Property Tax -Relating to an exemption from ad valorem taxation of $60,000 of the appraised value of the residence homesteads of military service members who are serving on active duty. Position Neutral Bill History: 03=03-09 H Introduced. and referred. to committee on Nouse Ways and Means HB,1720 Bohac Political Advertising -Relating to the use of public funds by a political subdivision for communications that contain false information related to a ballot measure. Position Neutral Bill History: 03-03-09 H Introduced and referred to committee on_ House - Elections HB 1801 Bahac Sales Tax -Relating to exemptions from the sales tax for a limited period for certain backpack and school supplies specified by the Streamlined Sales and Use Tax Agreement. Position Oppose Bill History: 03-04-09 H Introduced and referred to committee on House Ways. and. Means HB 1803 Bohac Sales Tax -Relating to exempting textbooks for university and college courses from the sales tax. Companions: HB 20 Leibowitz (Identical) 2-12-09 H Introduced .and referred to committee on House Ways and Means Position Oppose Bill History: 03-04-09 H Introduced and referred to committee on House Ways and Means HB 1844 Davis, Jahn Sales Tax -Relating to the procedure for reallocating local sales and use taxes. Position Support.. Bill History: 03-04-09 H Introduced' and referred to committee on House. Ways and Means HB 1849 Lucio III Sales Tax -Relating to exempting books purchased by university and college students from the sales tax for a limited period. Position Oppose Bill History: 03-04-09 H Introduced and referred to committee on House Ways and Means HB 1964 Hilderbran Parks Funding -Relating to the crediting of appropriated funds from the collection of taxes imposed on the sale of sporting goods. Companions: SB 162 Ellis (Identical) 2-10-09_S Introduced and referred to committee on Senate Finance Position Support. Bill History: 03-05-09 H Introduced and referred to committee on House Ways and Means HB 1982 Martinez Fischer Dangerous Dogs -Relating to the regulation of dangerous and vicious dogs. Position Neutral Bill History: 04-06=09 H Meeting set.-for 2:00 P.M. or final Adj.,_ E2...House County Affairs HB 2082 Isett Purchasing -Relating to consideration of contract amount and bidder's principal place of business in awarding certain municipal contracts. Position Neutral Bill History: 04=06-09 H Meeting set for 2:00 P.M. or final Adj., E2...House County Affairs HB 2110 Hughes Regulatory Takings -Relating to the applicability of the Private Real Property Rights Preservation Act to certain governmental actions. Position Oppose Bill History: 04-01-09 H_Committee action pending House Land and-=Resource Management HB 2113 Walle Peace Officers -Relating to the holidays for members of fire and police departments in certain municipalities. Companions: SB 1340 Gallegos (Identical) 3-17-09 S Introduced and referred to committee on Senate Intergovernmental Relations Position Neutral Bill History: 03-26-09 H-Voted favorably from committee on House Urban Affairs HB 2149 Lewis Sovereign Immunity -Relating to the liability of public servants of certain governmental units for property damage. Companions: SB 1041 Patrick, Dan (Identical) 3-13-09 S Introduced and referred to committee on Senate State Affairs Position Support Bill History: 03-09-09 H Introduced and referred-to committee on House Judiciary and Civil Jurisprudence HB 2253 Hancock Political Advertising -Relating to the expenditure of funds for political advertising by a political subdivision. Position Support Bill History; 03-09-09 H Introduced and referred to committee on House Elections HB 2257 Giddings Property Tax -Relating to mandatory sales price disclosure in certain real property. Position Support. Bill History: 03-24-09 H Committee action pending House_Business and Industry___ HB 2268 Carte Lobbying -Relating to the use by a political subdivision of public money for lobbying activities or payment of fees and dues of a state association or organization. Position Oppose Bill History: 03-09-09 H introduced and referred to committee on House State Affairs HB 2290 Gattis Property Tax -Relating to the administration of appraisal districts. Position Neutral Bill History: 04-01-09 H Committee action pending House Ways and-.Means HB 2315 Patrick, Diane Vacant Buildings -Relating to authorizing municipalities to assess fees on vacant commercial buildings. Position Support Bill History: 03-10-09 H Introduced and referred to committee-on House Urban Affairs HB 2333 Germ Oil and Gas -Relating to the lease of certain oil, gas, or mineral land ___._ by a municipality. Position Support Bill History: 04-02-09 H Voted favorably from committee as-substituted Nouse Urban Affairs HB 2506 Villarreal Permit Vesting -Relating to a limitation on causes of action related to permits issued by political subdivisions. Position Neutral Bill History: 03=I1-09 H Introduced and.. referred to cornrnittee on House Judiciary and Civil Jurisprudence HB 2639 Isett Red Light Cameras -Relating to the power of a local authority to enforce compliance with speed limits or atraffic-control signal on a highway or street under its jurisdiction by an automated traffic control system. Position Oppose. Bill History: 04-42-09 H Committee action-pending House Urban-Affairs HB Z780 Keffer Electric Aggregation -Relating to energy aggregation by political subdivisions. Companions: SB 1481 Davis, Wendy (Identical) 3-17-09 S Introduced and referred to committee on Senate Business and Commerce _ Position Support Bill History; 03-17-09 H Introduced and referred to-committee on House Energy Resources HB 2782 Keffer Electric Market -Relating to regulation of electric generation capacity ownership in the electric power market. Position Support Bill History: 04-07-09 H Meeting-set for 2;00 p.m.--or final Adj., JH...House State.... Affairs HB 2851 Farabee Electric Markets -Relating to the right of certain entities to intervene in enforcement actions regarding market power abuse. Position Support Bill History; 04-07-09 H Meeting set fior 2:OO p.m. or final Adj., JH...House State Affairs HB 3222 Hancock Tax Increment Finance -Relating to the authority of two or more ~~ municipalities to designate a joint tax increment financing reinvestment zone. Companions: SB 1947 West (Identical) 3=24-09 S Introduced and referred' to committee on Senate Economic Development Position Support Bill History: 03-18-09 H Introduced and=referred to committee on House. Ways and Means HB 3288 McReynolds Oil and Gas -Relating to the lease of certain oil, gas, or mineral land by a municipality. Position Support Bill History: 03-18=09 H Introduced. and referred to committee on House Urban .Affairs HB 4388 Chavez Employment Preference -Relating to requiring a city to give hiring preference to a veteran or veteran's surviving spouse if the applicant meets the minimum qualifications for the position. Companions SB 1558 Van de Putte (Identical) 3-17-09 S Recommended Committee on Veteran's Affairs & Military Installations. Position Oppose Bill History: 03-25-09 H introduced and referred to committee pn Defense and Veteran's Affairs HJR. 9 Truitt Rail Funding -Relating to allowing the expenditure of motor vehicle fuel taxes and registration fees for passenger rail, transit and freight rail. Companions: HJR 122 Rodriguez (Identical) 3-19-09 H Introduced and referred to committee on House Transportation SJR 24 Carona (Identical) 3-13-09 S Introduced and referred to committee on Senate Finance SJR 52 Davis, Wendy (Identical) 3-31-09 S Introduced and referred to committee-on Senate Transportation and Homeland Security Position Support Bill History: 03-02-09 H Introduced and referred to committee on-House Transportation SB 18 Estes Eminent Domain -Relating to the use of eminent domain authority. Position Neutral Bill History; b3=30-09 S Committee action_ pending Senate State Affairs SB 22 Zaffirini Sales Tax -Relating to exempting books purchased by university and college students from the sales tax for a limited period. Companions; HB 325 Raymond (Identical) 2-17-09 H Introduced and referred to committee on House Ways and Means Position Oppose Bill History: 03-02-09- S Committee action pending Senate Finance SB 162 Ellis Parks Funding -Relating to the crediting of appropriated funds from the collection of taxes imposed on the sale of sporting goods. Companions: HB 1964 Hilderbran (Identical) 3- 5-09 H Introduced and referred to committee on House Ways and Means Position Support Bill History: 02-10-09 S Introduced and referred to committee-on .Senate Finance. SB 216 Carona Transportation Funding -Relating to permissible uses of state highway funds. Companions: HB 3551 Phillips (Identical) 3-19-09 H Introduced and referred to committee on House Transportation Position Support Bill History: 04-01-09 S Not heard in committee Senate Transportation-and Homeland Security SB 298 Carana Sobriety Checkpoints -Relating to the authority of the Department of Public Safety and local law enforcement agencies to establish a checkpoint on a highway or street to determine whether persons are driving while intoxicated. Position Support. Bill History: 04-01-09 N Received in the .House -Not referred SB 299 Patrick, Dan Property Tax -Relating to the limitation on increase in the appraised value of a residence homestead for ad valorem taxation. Companions: HB 127 Callegari (Identical) 3-18-09 H Committee action pending House Ways and Means Position Oppose Bill History: 02'-11-09 S Introduced and--referred tto committee on Senate Finance SB 361 Patrick Da.n, Water Utilities -Relating to the requirement that water and sewer service providers ensure operations during an extended power outage. Position NeutraF Bill History: 04-01-09 S Placed on the Senate .Intent Calendar for SB 469 Carona Property Tax -Relating to an exemption from ad valorem taxation of the residence homesteads of certain totally disabled veterans and to the amount of the exemption to which a disabled veteran is entitled based on disability rating. Companions: HB 742 Flores (Identical) 3-25-09 H Committee action pending House Ways and Means Position Neutral Bill History; 03-02-09 S Committee action-pending Senate Finance SB 533 Duncan Eminent Domain -Relating to eminent domain, including certain limitations, procedures, and standards relating to the use of eminent domain. Companions: HB 4 Orr (Identical) 3-25-09 H Committee action pending House Land and Resource Management Position Neutral Bill History; 03-30-09 S Committee action pending Senate State Affairs SB 544 Ellis Statewide Smoking Ban -Relating to the elimination of smoking in all workplaces and public places. Companions: H8 5 Crownover (Identical) 2-12-09-H Introduced and referred to committee on House State Affairs Position Support Bill History; 02-17-09 5 Introduced and referred to committee on Senate Health and- Human Services SB 634 Seliger Dog Restraints -Relating to restrictions on restraining dogs. Position Support Bill History: 02-23-09 S Introduced and referred to committee on,,Criminal justice SB 700 Patrick _Da_n. Property Tax -Relating to ad valorem tax relief. Companions; HB 1575 Isett (Identical) 4- 6=09 H Meeting set for 8:30 a.m. or final Adj:, JHR 140, House Ways and Means Position Oppose Bill History: 04-06-0'9 S Meeting set for 9:OD a.m., E1.036 Senate Finance... SB 855 Carona Transportation Funding -Relating to local options regarding transportation and mobility improvement projects in certain counties. Companions; HB 9 Truitt (Identical) 3- 2-09 H Introduced and referred to committee on House Transportation Position Support. Bill History: 04-02-09 S Reported .from-committee as substituted-Senate Transportation and Homeland Security. SB 908 Williams TMRS -Relating to the crediting and charging of investment gains and losses on the assets held in trust by the Municipal Retirement System. Companions: HB 350 Kuempel (Identical) 3-25-09 H Voted favorably from committee on House Pensions/Investments/Financial Services Position Support Bill History: 03-09-09 S Introduced and referred to-committee on Senate State Affairs SB 1294 Jackson, Mike Sales Tax -Relating to the deadline for reallocating local sales and use taxes. Position Support Bill History; 03-17-09 S Introduced and referred to committee on Senate Finance SB 1358 Seli.g,.er TMRS -Relating to optional annuity increases for certain retirees and beneficiaries of the Texas Municipal Retirement System. Position Support Bill History: 03-17-09 5 Introduced and referred. to committee on-Senate State Affairs- SB 1.447 West Substandard Building -elating to civil remedy of violations of certain municipal health and safety ordinances. Position Support Bill History: 04-01-09 S Voted favorably from committee on Senate Intergovernmental Rela ions SB 1480 Davis~_We_ndY Electric Markets -Relating to regulation of electric generation capacity ownership in the electric power market. Position Support' Bill History; 03-17-09 S Introduced and referred to committee on Senate Business and Commerce. SB 1481 Davis Wend Electric Aggregation -Relating to energy aggregation by political subdivisions. Companions: HB 2780__ Keller (Identical) 3-17-09 H Introduced and referred to committee on- House Energy Resources Position Support. Bill History: 03-17-09 S Introduced and referred to committee on Senate Business and Commerce SB 1679 Hinajosa Gas Pipelines -Relating to the authority of a common purchaser that transports natural gas by pipeline to use a public right-of-way for a pipeline. Companions: HB 1526 Crownover (Identical) 3- 2-09 H Introduced and referred to committee on House Energy-Resources Position Neutral Bill History: 03-20-09 S Introduced and referred to committee on Senate Natural Resources SB 1947 West Tax Increment Financing Districts -Relating to the authority of two or more municipalities to designate a joint tax increment financing reinvestment zone. Companions: HB 3222 Hancock (Identical) 3-18-09 H Introduced and referred to committee on House Ways and Means - Position Support Bill History: 04-06-09 S Voted out of committee on Senate €conomic Development-to be set on Locale-and Consent calendar SB 2196 Williams Public Safety -Relating to imposing Chapter 143 of the Local Government Code on virtually all police departments. Position Oppose Bill History: 03-31-09 S Committee action pending Senate Criminal Justice. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-036 ;.~~~'';,, Date: April 13, 2009 _.:~_~ :~.:.-n ~~ ',,; ~ Subject: Rufe Snow Drive/Glenview Drive Intersection Concept Study The Rufe Snow Drive/Glenview Drive Intersection Concept Study is a CIP Project approved in the 2007-2008 Capital Projects Budget. The scope of this project was to develop a concept plan to illustrate various possibilities and opportunities that could be implemented to enhance this intersection. Improvements to this intersection were recommended as part of the South Grapevine Corridor Highway Study to stimulate private development within and around the Boulevard 26 corridor. Given the unique traffic, landscaping and planning issues associated with this project, the committee that was used to select a consultant was also used to direct and review the consultant's concept plans. The committee consists of representatives from the Parks & Recreation Department, the Planning & Inspections Department and the Public Works Department. The consultant selected for this project, Huitt~Zollars, Inc., submitted three concepts to City staff for review (see Exhibits A, B & C). A brief description of each concept is provided below: Concept A -This concept incorporates a plaza design to encourage open space. The designer proposes large plaza areas on all four corners of the intersection and includes the use of decorative bollards to address safety concerns for pedestrians travelling through the intersection. The concept also includes pavement enhancements for all cross walks and access ramps. The design for the main island area maintains the open space feel through the use of undulating berms which rise up to provide a landing area for uniquely designed signage. This concept also includes the use of landscaping within the existing right-of-way and in the small island areas within the street pavement. Concept A "with barber shop" utilizes a smaller scale of this same design in the event that the barber shop property is not able to be acquired in the future. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~~ Concept B -This concept focuses on an artistic centerpiece which is shown in the main island area and then mirrored at the southeast corner of the intersection. The plaza area around the artwork invites pedestrians to congregate through the use of seating, lighting, and landscaping for shade. This concept increases the landscaping within the right-of-way and maintains the use of landscaping in the small island areas within the street pavement. The design also incorporates pavement enhancements for crosswalks and access ramps. Concept B "with barber shop" utilizes a smaller scale of this same design in the event that the barber shop property is not able to be acquired in the future. Concept C -This concept utilizes a central focal point with a landscape backdrop on the main island area. A series of short serpentine retaining walls is designed to create a raised focal point for landscaping and signage. The small plaza on the main island was designed to help move pedestrians through the intersection while also providing for small color displays within the plaza area. The design also incorporates pavement enhancement at the intersection in addition to landscaping within the right-of-way and small pavement islands. However, the designer provides a different approach if the barber shop property is not acquired in the future. In this scenario, the designer proposes extensive tree wells which would be constructed within the existing right-of- way in an effort to mask the appearance of the existing building. Given that each of the concepts includes designs with and without the barber shop and because of the drastic aesthetic difference between the concepts, the staff committee elected to place the project "on hold" in order to conduct a proper assessment of the feasibility of purchasing the barber shop property. Through discussions with two separate real estate agents, the barber shop property owner indicated that he is only willing to lease the property at this time. After reviewing the preliminary concepts, the committee set out to work with the consultant to prepare a hybrid concept design that would best suit the intersection configuration (see Exhibit D). The committee recommended the use of the following features from the various concepts: • Serpentine retaining walls • Public artwork • Pavement island areas to be decorative concrete • Concentrated landscaping within the right-of-way • Cobblestone band behind back of curb • Incorporate northwest corner into design • Pavement enhancements In the event that the barber shop property is not able to be acquired, the committee recommended a two phase approach to the project. Phase 1 includes landscaping and pavement improvements on all areas outside of the barber shop property. Phase 2 would be a future phase after the barber shop property was acquired in which the City could construct the serpentine wall design shown in Exhibit D. Staff was primarily concerned that proceeding with landscape enhancements on the barber shop property in Phase 1 would only increase the value of the property in which the City may aim to acquire in the future. Staff is now seeking the City Council's input on the design and direction of the project prior to proceeding with the final design concepts. Representatives from Huitt~Zollars, along with staff will present a PowerPoint presentation detailing each of the concepts. Respectfully Submitted, Glenn Smith, P.E. Engineer Associate Exhibit A Rufe Snow/glenview Drive Intersection Study Concept A Exhibit B Rufe Snow/Glenview Drive Intersecton Study Concept B Exhibit C Rufe Snow/Glenviw Driver Intersection Study Concpet C Exhibit D Rufe Snow/Glenview Drive Intersection Study Final Concept INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-033 Date: April 13, 2009 "~~'';;~ ~`' Subject: Discussion of the Recreation Center Project -Public Input and Design Process Brinkley Sargent Architects (BSA) was selected as the design firm for architectural and engineering services for the recreation center. The recreation center will serve all residents of North Richland Hills and include amenities that will appeal to all age groups. While the specific location for the recreation center has not been confirmed, it will be located within or adjacent to the HomeTown development area in the TIF #2 area. Along with basic architectural and engineering services, the contract also includes a public/stakeholder input process for programming of the facility which will guide space requirements and facility design. Dwayne Brinkley from BSA will provide a PowerPoint presentation outlining the proposed public input process as well as the strategic and linear process of designing and constructing the recreation center. The project schedule will also be reviewed. Staff is requesting City Council input regarding the proposed public input process for the recreation center Respectfully Submitted, Vickie Loftice Managing Director of Community Services ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-13-2009 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 Manager's Office Presented by: Mike Curtis Council Meeting Date: 4-13-2009 Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Mineral Leases) CITY OF NORTH RICHLAND HILLS Department: Economic Development Presented by: Craig Hulse Council Meeting Date: 4-13-2009 Agenda No. B.2 Subject: Executive Session: Pursuant to Section 551.087, Texas Government Code to deliberate the offer of a financial incentive -Calloway Branch Creek Bridge CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-13-2009 Presented by: Agenda No. B.3 Subject: Executive Session: Pursuant to Section 551.071 for consultation with Attorney on litigation on settlement of Davis vs. NRH CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-13-2009 Presented by: Agenda No. B.4 Subject: Executive Session: Pursuant to Section 551.074, Texas Government Code to deliberate the appointment, employment, evaluation, duties of council appointed positions -City Manager CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 4-13-2009 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, April 13, 2009 7:00 P.M. A.0 Call to Order -Mayor Trevino A.1 Invocation -Councilman Whitson A.2 Pledye - Mayor for a Day Samuel Smith A.3 Special Presentation(s) and Recognitions) - Proclamation on Child Abuse Prevention Month presented by Councilman Barth -Julie Evans a representative from Alliance For Children will be accepting the proclamation A.4 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.5 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 February 5, 2009 City Council and Planning and Zoning Joint Work Session B.2 Approval of Minutes of March 23, 2009 City Council Meeting B.3 PU 2009-013 Authorize Inter-local Purchasing Agreement with Tarrant County B.4 PU 2009-014 Authorize Inter-local Purchasing Agreement with the City of Allen B.5 PU 2009-015 Authorize Inter-local Purchasing Agreement with the City of Cedar Hill B.6 PU 2009-009 Authorize the Purchase of Iron Horse Replacement Equipment from Austin Turf in the amount of $67,014.95 B.7 PU 2009-012 Award Bid No. 09-016 for the HVAC Replacement Project to Airwise Heating and Air Inc. in the amount of $52,486 B.8 PU 2009-017 Award Bid 09-013 for NRH20 Water Park Food Service Products to C D Hartnett as Primary Supplier and Ben E. Keith as Secondary Supplier B.9 PU 2009-016 Authorization to R Ject All Bids Received for the RFB 09-015 Tennis Court Resurfacing Project at Richland Tennis Center C.0 PUBLIC HEARINGS There are no items for this category. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. There are no items for this category. E.0 PUBLIC WORKS E.1 PW 2009-009 Approve Amending Section 78-61(a) by adding a new Section to the North Richland Hills Code of Ordinances, Revising the Water Rationing Schedule, and Adopting a new Drought Contingency and Emergency Water Management Plan -Ordinance No. 3046 E.2 PW 2009-010 Approve Amending Section 78-62 of the North Richland Hills Code of Ordinances Revising the Water Conservation Plan -Ordinance No. 3047 F.0 GENERAL ITEMS F.1 GN 2009-017 Consider an Amendment to Chapter 34, Section 34-33 Specific Nuisances -Ordinance No. 3044 F.2 GN 2009-021 2009 Victim Coordinator Liaison Grant -Resolution No. 2009-013 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session A, ec~ nda H.0 INFORMATION AND REPORTS H.1 Announcements -Councilwoman Compton H.2 Adjournment CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 4-13-2009 Agenda No. A.0 Subject: Call to Order -Mayor Trevino CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-13-2009 Presented by: Councilman David Whitson Agenda No. A.1 Subject: Invocation -Councilman Whitson CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 4-13-2009 Agenda No. A.2 Subject: Pledge -Mayor for a Day Samuel Smith CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-13-2009 Presented by: Agenda No. A.3 Subject: Special Presentation(s) and Recognitions) -Proclamation on Child Abuse Prevention Month presented by Councilman Barth -Julie Evans a representative from Alliance For Children will be accepting the proclamation PROCLAMATION WHEREAS, 165,010 investigations regarding reports of child abuse or neglect were completed in Texas in 2008, with 11,896 of those being completed in Tarrant County; and WHEREAS, 5,810 cases of child abuse or neglect were confirmed in Tarrant County in 2008; and WHEREAS, Alliance For Children provided child-focused services to 2,603 children in 2008; which includes 448 children in the Northeast community; and WHEREAS, child abuse prevention is a community responsibility and finding solutions depends on involvement among all people; and WHEREAS, communities must make every effort to promote programs that benefit children and their families; and WHEREAS, effective child abuse prevention programs succeed because of partnerships among agencies, schools, religious organizations, law enforcement agencies, and the business community; and WHEREAS, everyone in the community should become more aware of child abuse prevention and consider helping parents raise their children in a safe, nurturing environment; NOW, THEREFORE, BE IT RESOLVED, that I Oscar Trevino, Mayor of the City of North Richland Hills, Texas and on behalf of the North Richland Hills City Council, do hereby proclaim the month of April 2009 as "CHILD ABUSE PREVENTION MONTH" and urge all citizens to work together to help reduce child abuse and neglect significantly in the years to come. 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 13th day of April 2009. Oscar Trevino, Mayor CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-13-2009 Presented by: Agenda No. A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City 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: Council Meeting Date: 4-13-2009 Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-13-2009 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-13-2009 Presented by: Agenda No. B.1 Subject: Approval of Minutes of February 5, 2009 City Council and Planning and Zoning Joint Work Session Recommendation: To approve the minutes of the February 5, 2009 City Council and Planning and Zoning Joint Work Session. TRANSIT ORIENTED DEVELOPMENT (TOD) CODE WORKSHOP MINUTES OF THE JOINT MEETING OF THE PLANNING & ZONING COMMISSION AND CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS FEBRUARY 5, 2009 1. CALL TO ORDER- CITY COUNCIL The meeting was called to order by Mayor Oscar Trevino at 6:30pm. PRESENT Mayor Mayor Pro Tem Oscar Trevino Scott Turnage John Lewis Suzy Compton Dr. Tim Barth David Whitson Tim Welch ABSENT CITY STAFF City Manager Assistant City Manager Managing Dir. Dev. Svcs. Managing Dir. Community Svcs Economic Development Dir. Marketing Research Coord. Public Information Officer Asst. To City Manager City Secretary Ken Sapp Larry Cunningham Karen Bostic Mike Curtis Vickie Loftice Craig Hulse Kristin Weegar Mary Peters Elizabeth Reining Patricia Hudson 2. CALL TO ORDER -PLANNING & ZONING COMMISSION Chairman Randy Shiflet called the meeting to order at 6:30 p.m. PRESENT Chairman Vice Chairman Randy Shiflet Bill Schopper Don Bowen Kelly Gent Mark Haynes Ex-Officio ABSENT CITY STAFF Dir. of Planning & Development Chief Planner Asst. Planner Asst. Dir. Public Works Civil Engineer Recording Secretary Diana Madar Mike Benton Steven Cooper John Pitstick Eric Wilhite Chad VanSteenberg Greg Van Nieuwenhuize Caroline Waggoner Teresa Koontz Mayor Trevino welcomed everyone to the meeting and introduced Tom Lombard, Chairman of Parks and Recreation Board, as being present. Mayor Trevino recognized Don Bowen for serving on the Planning & Zoning Commission for 28 years and thanked him for his service to the community. 3. DISCUSSION & REVIEW OF TRANSIT ORIENTED DEVELOPMENT ISSUES AND PLANS AROUND THE IRON HORSE & SMITHFIELD RAIL STATION SITES BACKGROUND AND REVIEW OF TIMING OF TOD ADOPTION John Pitstick stated there are seven items to discuss regarding the TOD and rail station sites. City Staff continues to meet with the property owners and potential developers regarding this unique project to North Richland Hills. We are hoping to get some general direction and consensus from Council and Planning & Zoning tonight and hopefully bring back the draft code in a few weeks with the creation of the code and rezoning of the property around the rail stations. Mr. Pitstick introduced the Planning Staff. He also introduced Gateway Planning Group Scott Polikov and Jay Narayana who will be giving most of the presentation tonight. The items for discussion will be as follows: 1. Background and Review of timing of TOD adoption 2. Review and Consensus of Regulating Plans 3. Review and Consensus of Required Street Types 4. Review and Consensus of Special Frontage requirements 5. Review and Consensus of Land Use mixes 6. Input and Direction of Approval and Development Incentive processes 7. Final Direction of TOD Code Implementation John Pitstick stated that there may be a special work session or afternoon session once the draft code is in place. The original timing of bringing this forward has to do with COG Sustainable Development Grant Application which had an original deadline of May 2009. We were trying to get the code into effect before May to be eligible for the grant funding. $40 million is available region wide and $12.4 million available on the western region which includes public infrastructure improvements for sustainable development projects like this one. The current guidelines give $3 million dollar maximum for single project introduced and zoning must be in place to qualify. There is a 20% local match for these grants and public private commitment. COG is also flexible as long as we are moving in the right direction and if there is interest from the private sector to move forward. Scott Polikov has recently talked with COG and sent an email stating we are working toward and plan to submit one or two projects. We are pushing forward to have the zoning in place by August 2009. Scott Polikov stated he has learned by COG Staff that they have approved application for the Sustainable Development grants to be available in March. They asked if this was the right time to do it and there was not much response. The developer commitment will be tough to get financing or move dirt and develop a project associated with TOD infill on all the things they are trying to accomplish. The COG staff said two things, the commitment would be defined by the City, they would not establish a prescribed definition for commitment. What that means is we will have to work creatively with potential developer partners to identify what that means. It would have to be some non traditional partnership where a developer can come in take a small piece with some options in the future to make sure there is not an over commitment by them and an under commitment by the City. John Pitstick said we continue to update property owners and businesses as we get calls weekly and Staff will continue to update the citizens. After this meeting we will go out and do another push for specific property owners and make sure they know what is going on with the direction before the rezoning takes place. We have had general discussions with a master developer. The same developer, McDougal that is developing downtown Irving and Lubbock came in and met with Staff and he showed some general interest. The preliminary schedule would be to have the draft TOD code completed at Staff level by mid April. The initial preliminary schedule for bringing it forward to would be May 21St for Planning and Zoning and June 8th for City Council with a back up in the June and July frame. We will be sensitive with the property owners if needed and take time to visit with them. Mayor Trevino asked if we have already had meetings with property owners? Mr. Pitstick answered yes, we have already had several meetings in the past months. The maps have been modified a little since the original stakeholder meetings so we will continue to update them. John Pitstick discussed the comments made from the November 20, 2008 work session which are Historic TOD, TOD Core, General Mixed Use, TOD Residential, Arterial Mixed Use, High Intensity Mixed Use and Freeway Mix Use. Many of these maps have changed since the original meetings and are reflected on the new zoning maps. REVIEW AND CONSENSUS OF REGULATING PLANS Jay Narayana came forward to discuss the regulating plans. Basically, the plans that have been developed include a form code based frame work that includes certain key elements. The regulating plans will be the most important two documents as it will replace the zoning that is currently in place and they will be the zoning maps for the two station areas. There are three major elements in the zoning maps, the character zones, street design and special frontage requirements. There will be development standards and development incentives because there will have to be flexibility because we cannot see what will happen in the market in the future. Details regarding the Iron Horse Regulating Plan include amending the boundaries of the general mixed use, the TOD code has the highest intensity right near the station, and areas by NE Loop 820 will add regional retail to the highway frontage. The development will have the flexibility of transitioning over time. The high intensity mixed use could potentially be an employment center with higher density office use. Smithfield is slightly different because there is already some existing development in place that you have to take into account. For example the historic TOD area would be one which certain preservation standards would have to be established. There is also a fairly large TOD core that surrounds it with Smithfield being a main pedestrian artery. There is also a fairly large area of mixed use which provides a lot of flexibility but you would have to balance with frontage on Davis which is more attractive for commercial and establish some transition to the neighborhoods to preserve some existing neighborhoods. There is some frontage issues on Mid Cities which are fairly suburban oriented so these will never be pedestrian oriented streets and there will be some auto oriented developments so the TOD will need to accommodate that. There was general discussion about the Iron Horse and Smithfield Regulating Plan TOD maps. Councilman Tim Welch mentioned he had some concerns about how the freeway is limited to one and two stories and we need to look at opportunities for taller high rises as the freeway develops. The City Council and Planning and Zoning Commission reached a consensus on the TOD boundaries of the Regulating Plans as presented. REVIEW AND CONSENSUS OF REQUIRED STREET TYPES Jay Narayana discussed the five street types which are Commercial, Avenue, Commercial Avenue, TOD Boulevard and TOD Alley. There was general discussion on Commercial and the how it is effected on Main Street. Councilman John Lewis asked what was the current right of way on Main Street. There was general discussion about the right of way on Main Street. Mike Curtis explained that we are mainly looking at the current thoroughfare plan to make these determinations. Scott Polikov stated that there will be considerations and we will look back at the conditions on the ground and that the cross section that is proposed for the ordinance is flexible enough that someone on day one would not be non conforming. There was general discussion on the Avenue Street types. Councilman David Whitson asked if the curve on Boulder would be removed and made into a 90 degree street. Mike Curtis added that tonight we are not asking Council and Planning and Zoning Commission to approve these dimensions as listed, but would they approve a concept like this in general. Future meetings would actually include approving details in regards to sections and fine grained details. Scott Polikov added that a complete draft would be brought for approval after the concept has been accepted and approved. Councilman David Whitson added that he is concerned about pedestrian friendly safety sidewalks at the rail stations. There was a discussion about Commercial Avenue at Iron Horse Boulevard at rail station and along the street. Scott Polikov discussed the protected left turn lane on Iron Horse Boulevard. Commissioner Don Bowen asked if the flow of traffic would be hindered due to all the streets having on street parking? Scott Polikov answered yes it will, but it would be safer with slower speed movements and will a benefit for the smaller businesses where people park. Mayor Trevino discussed the advantages of on street parking and how it will benefit the local businesses and compared it to Grapevine Main Street. Councilman David Whitson asked would the crosswalk be addressed in the TOD Code draft or in normal city ordinances. There was a discussion about how the crosswalks would be addressed in the regulating plan to control the special pedestrian areas. Commissioner Bill Schopper stated his is concerned about the parking and traffic during peak rush areas? There are no provisions for parking on the maps that is can see. John Pitstick answered that according to the answers from the "T' both stations will probably need about 500 parking spaces and the station platform and initial parking spaces would be built as a public improvement for both stations. There was a general discussion about the Richland Hills Train Station and how the City does not want the stations to end up as a park and ride. Scott Polikov stated that two things came up in earlier stake holder meetings that would help us. One is there a lot of access parking at the right time of the day at the church. There would be a challenge to create an incentive for people to park and strictly commute. Also, a parking management system would have to be put in place to protect the retailers. Mayor Trevino said he thinks we are in a real bad situation here because people go over to the Richland Hills Station and the citizens see that and think that is a rail development. They do not see the Mockingbird Lane, Lovers, Addison rail stations so they cannot picture what we are seeing. The City Council and Planning and Zoning Commission reached a consensus of Required Street Types as presented. REVIEW AND CONSENSUS OF SPECIAL FRONTAGE REQUIREMENTS Jay Narayana explained the exception and additional regulations over the character zone standards based on specific locations regarding the commercial, arterial and boulevard frontages. Councilwoman Suzy Compton stated she is frustrated with the redevelopment on the south side of Boulevard 26. She wants the Davis Boulevard redevelopment to fit together and look like it belongs together when it is completed. John Pitstick stated that we are looking for a fairly equal range in the historic core area. If a developer comes in and is across boundaries, they can come in with special development code and make it work but it would have to be within administrative approval you would have to be within these ranges. Basically we are looking for a historical core equal mix between retail, office, residential, open space and other institutional uses. Eric Wilhite said we also have the benefit of being able to use the economic planning systems study that the "T" had done for the transit stops as well. Scott Polikov said Eric's point is very significant and even stronger it reflects the market study that was completed -and we wanted to take advantage of the analysis that was done by the experts hired by the "T". Mayor Trevino said there was going to be a press conference in the near future to show the results of a survey they did on rail use in north Texas and what the citizens are saying. The general consensus is that we need the rail system in place and the numbers that the "T" is rolling out are a little short. As the high speed rail kicks in these two places in NRH will be "the places to be". The City Council and Planning and Zoning Commission reached a consensus on Special Frontage Requirements as presented. REVIEW AND CONSENSUS OF LAND USE MIXES Jay Narayana explained the Preferred land Use mix with ranges and locational criteria with each character zone at length with the draft maps. Character zones discussed were Historic TOD, TOD Core, General Mixed Use, TOD Residential, Arterial Mixed Use, High Intensity Mixed Use and Highway Mixed Use. Mayor Trevino asked staff since general mixed use the catch phrase for an apartment complex -how can we change general mixed use to what we would like to see in our City? Scott Polikov answered there are still going to be locational rules where there will be a different standard from neighborhoods versus by the arterial. There also will be building type requirements which will identify the standards. Also this is probably the most mixed use already and we have to be careful not apply traditional notions of mixed uses in green field or an area of separate use. There are some conflicts with what the objectives are, especially regarding the market. Locational attributes within the code will be developed to so all locations will not be treated the same. There was a general discussion regarding general mixed use in area cities and what we want for NRH. Scott Polikov suggested to Staff that we may want to get more aggressive with the non residential frontage requirements in certain areas and make a policy decision to slow down the rate of development in certain areas until the market is right for the kind of development we want there. In addition with our guidance on the regulating plan we may need to put more special commercial frontages and define it differently. Dr. Tim Barth stated that he thinks the Mayor maybe illuding to this -the definition of mixed use is 99% muliti family and 1 % something else. And it needs to truly be defined mixed use. A lot of communities are struggling with this right now because of the fact that so many people are taking advantage of that definition that is so loose and there needs to be guidelines in place. Mayor Trevino stated that the charge of Planning and Zoning and City Council is to do the best with what we have left for the next generation. There was a general discussion about single family residences on the Davis Boulevard Core and how so many families are tearing down old houses and building new ones. The train station will be even more of an attraction to families. Jay Narayana stated that perhaps we can different standards of land use mixed use in the Iron Horse and Smithfield Stations. Councilman Tim Welch stated his concern with high rise buildings of commercial and office in the TOD. There was a general discussion about height requirements on freeway frontages. Mayor Trevino mentioned that Charles Scoma was present at this meeting and ten years ago he was saying that Loop 820 would look like the north tollway. So why limit the development that we know today that is coming. There was discussion about combining the high intensity and highway mixed use areas. Jay Narayana asked if the changes were acceptable since we discussed the character zones and do we keep general mixed use one and general mixed use two and separate the two? There was discussion regarding separating the two areas. Eric Wilhite said we have to consider the transition where we go back into the core zone. The transition area has to occur and combine the uses and structure site permitted in each. To work, it would be important how the height's relate. The City Council and Planning and Zoning Commission came to the consensus of Land Use Mixes as presented with the change of creating separate General Mixed Use districts for Iron Horse and Smithfield. INPUT AND DIRECTION ON APPROVAL AND DEVELOPMENT INCENTIVE PROCESSES John Pitstick discussed how we deal with non-conforming regulations and how they transition in each development since we have some existing businesses in each location. We do allow continuation of the uses, they can make repairs within existing facilities as long as they don't enlarge the use. If more than 50% is damaged then it does require conformance. If there is a discontinuation of use if it is replaced with a conforming use, or if vacant for more than 6 months, or water service is disconnected for 6 months then there could be appeals to the Zoning Board of Adjustment. Regarding non-conforming buildings they may be enlarged as long as they don't increase the non conforming feature. If there is a set back issue in front of the building, they couldn't be enlarged in front but could be enlarged in rear. Also the same variance with 50% damages requiring conformance and there would be appeals process to the Zoning Board of Adjustment. Mr. Pitstick said that non conforming landscape regulations requires if you remodel or make an addition that equals 75% of the appraised value or 30% increase in the building area, you have to add the required landscape requirements. Otherwise you can appeal through an SUP to Planning and Zoning and City Council. Mr. Pitstick asked City Council and Planning & Zoning if they were agreement with allowing the non conforming buildings under the new code to change based on current regulations or do you want to place some alternative standards for required conformance? Chairman Randy Shiflet said it seems like the changes that have been in place over the past few months are acceptable and on behalf of Planning and Zoning is in approval. Mayor Trevino said that not only will the businesses have to conform to the changes but the City will also have to make some improvements as well. Mr. Pitstick explained the Development Incentive Process is to provide flexibility for the applicants that meet certain criteria. We would allow for a separate application filed as a special development plan similar to an SUP. There would be some criteria for developing those, the review and approval incentives will be based on the extent by which the project meets the city's vision. Jay Narayana stated this beyond the capability of staff to approve something of this sort, Planning and Zoning and City Council would have to approve since it would deviate or modify the existing standard. Councilman Tim Welch added that similarly to the RIPD where the developer has the concept plan, as long as he wants to come up with a conceptual plan and will have to put a lot of money into it to request the change that would be the best way to go about it. Jay Narayana said it was true to a certain degree, but mixed use requires a lot of design detail to make sure it will be built a certain way so it may have to be structured so it meets some of the design standards in the ordinance but you can conceptually show how your plan still meets as a conceptual level. The review and approval process as we stated before we would like to streamline this so most of the applications that meet the code would be approved by Staff. Any appeals or requesting flexibility or modifications of incentives then they go before P&Z and Council and we are hoping that this will create enough of an incentive that most applicants would meet the ordinance instead of going through the process and additional cost and time involved. Jay Narayana asked if this process is something Planning and Zoning and Council is comfortable with regarding the phased application process with the special development plan? The City Council and Planning and Zoning Commission accepted keeping the existing non-conforming regulations for the TOD Code. Jay Narayana added the last item is the designed review approval. One thing that will be added, especially to the Smithfield Historic TOD area is architectural standards and guidelines which will have a little more to do than design standards. They may be stylistic guidelines when it comes to shop fronts, awnings, architectural features that are characteristic of the architectural style that is predominant. When you have a lot of subjective decision making it is usually beyond staff's capability of approval so a lot of city's have Design Review Boards. Eighty percent of all design be regulated through good standards but you still have the 20% that need approval. The options are creating a Design Review Board, or making the Planning and Zoning Commission this board until there is sufficient development that would warrant a different board. Mayor Trevino stated he thinks we will eventually be a city of 90,000 people. The Council knows their Planning and Zoning appointments and feels confident that they can do the design review along with the Planning and Zoning, therefore does not see the need to create another level of beaurocracy. Commissioner Bill Schopper said alot of master plan communities have the architectural review board and it is typically the stakeholders that are on the committee as apposed to the city. He feels that would be better to have a few stakeholders and others on P&Z sit in on this board. Scott Polikov stated he feels there needs to be some mechanism in place that puts staff into the position to set these guidelines. There was a general discussion regarding who and how to create this board if needed. Scott Polikov recommended that we look at what Gateway comes up with on the Smithfield regulations and decide if P&Z makes that determination. Commissioner Bill Schopper said that if we are going to do the architectural review then it only needs to the Historical Core portion. The City Council and Planning and Zoning Commission agreed there needs to be a mechanism in place to establish an architectural review board for the Smithfield Historical core area only. John Pitstick said the Gateway team needs about three weeks to finalize the draft code. After some discussion it was decided April 2, 2009 there would be another Joint Planning & Zoning and City Council meeting to discuss the final draft codes. It was discussed that Planning and Zoning and City Council would be able to review the draft TOD code and forward comments directly to Staff prior to the April 2, 2009 Joint Work Session meeting. Gateway will forward a revised Regulating Plan and Land Use Mix so they can be reviewed simultaneously. Mayor Trevino thanked everyone for coming and encouraged the citizens to call Staff with any questions. 4. ADJOURNMENT There being no other business, the meeting adjourned at 8:40 p.m. By: ATTEST: Don Bowen, Secretary By: ATTEST: PLANNING AND ZONING COMMISSION Randy Shiflet, Chairman CITY COUNCIL Oscar Trevino, Mayor Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-13-2009 Presented by: Agenda No. B.2 Subject: Approval of Minutes of March 23, 2009 City Council Meeting Recommendation: To approve the minutes of the March 23, 2009 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 -MARCH 23, 2009 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 23rd day of March, 2009 at 5:30 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor (present at 5:58 p.m.) Scott Turnage Mayor Pro Tem, Council Place 6 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Suzy Compton Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Karen Bostic Assistant City Manager Jimmy Perdue Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Greg VanNeiuwenhuize Public Works Assistant Director Craig Hulse Economic Development Director Jamie Brockway Purchasing Manager Bill Thornton Park and Recreation Assistant Director Chris Amarante Facilities and Construction Director Chris Swartz NRH2O Manager Andy Kancel Assistant Police Chief Call to Order Mayor Pro Tem Turnage called the work session to order at 5:30 p.m. and announced that Mayor Trevino would be late. A.1 Discuss Items from Regular City Council Meeting None. A.2 IR 2009-028 Update on State Legislation Karen Bostic, Assistant City Manager updated Council on 81St Regular Session of the Texas Legislature. Since the session started, there have been 5,467 bills filed. Although the report is up-to-date through early March, it does not have all the bills that were filed the last week before the filing deadline of March 13. There has not been a lot of movement of bills up to this point, but it is anticipated that over the next several weeks bills will see significant movement. Ms. Bostic highlighted several bills the City would be tracking and asked if Council had any specific bill they were interested in to please let her know. There were no questions from Council. A.3 IR 2009-027 Discuss Updated 2020 Strategic Plan Elizabeth Reining, Assistant to the City Manager presented a PowerPoint presentation and discussed the 2020 Strategic Plan with Council. During the 2009 Goals Work Session Council discussed its mission, accomplishments since 2006, current challenges to achieving its vision, council goals, priorities and house rules. City Council decided that much of the contents of Strategic Plan 2020 should remain unchanged but some elements should be slightly adjusted. Greater emphasis was placed on neighborhood sustainability and some objectives of the Council Goals were added, deleted or altered. New items include: • Developing a secondary access and routing plan for Loop 820 during the construction period; • Coordinating with the "T" and TxDOT for double tracking the rail line over Loop 820; • Participating in grant funded traffic enforcement programs; • Continuing to seek out event sponsorships for existing and proposed programs; • Putting the website on city vehicles; • Exploring a potential new Code Ranger Program; • Supporting SCORE; and • Maintaining leadership roles in regional, state and national organizations. Completion of action items will be tracked and reported to City Council on a regular basis beginning at the April 27, 2009 Work Session. Unlike implementation plans in the past, the Implementation Plan for the 2009 version of the Strategic Plan 2020 will show a projected completion date and specific progress on all action items. The City Council will continue to receive progress reports on action items from the 2007 version of Strategic Plan 2020. But those progress reports will be in the new Implementation Plan format. There were no questions from Council. A.4 IR 2009-023 Update on Development Plan for the Liberty Park Lake Bill Thornton, Park and Recreation Assistant Director updated Council on the development plans for the Liberty Park Lake and presented a PowerPoint presentation. Recently, Council approved the professional services contract with Graham and Associates. Graham and Associates has completed the preliminary lake design work and has prepared and submitted all of the necessary documents to the permitting agencies. With the authorization of the appropriate permitting agencies, Graham and Associates is preparing to complete the detailed plans and specifications to construct the project. The proposed plan will provide for work in the channel to create a lake that will be lined with a geo-synthetic product to ensure that the lake maintains a constant depth free from leakage. Plans also include excavation and grading to create gentler side slopes, the installation of irrigation and turf and the introduction of trees between the west bank of Calloway Branch and Liberty Way. The lakes have been designed and will be constructed so that they are easily maintained. Mayor Trevino present at 5:58 p. m. Mr. Thornton introduced Jeff Williams, President of Graham and Associates. Mr. Williams concluded the PowerPoint presentation detailing the proposed development plans with pictures of what the project could look like. A.5 IR 2009-029 North Richland Hills Crime Free Multi-Housing Program Jimmy Perdue, Assistant City Manager briefed Council on the North Richland Hills crime free multi-housing program. The program is an international program which partners property owners, residents, and law enforcement personnel in an effort to eliminate crime in multi-housing properties. The program is designed to include a certification process never before offered by a police department. The incentives of police-issued signs, certificates, and advertising privileges provided immediate interest in the program. The City of North Richland Hills is currently working with apartments on this program. There were no questions from Council. 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 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the sale or value of real property - 4027 Rufe Snow B.2 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney o__ n Litiaation~ Hometown Urban Partners, Ltd. vs. City of North Richland Hills B.3 Executive Session: Pursuant to Section 551.074, Texas Government Code to deliberate the employment, evaluation duties of council appointed positions - City Manager Mayor Trevino announced at 6:13 p.m. that the Council would adjourn to Executive Session pursuant to the provisions of the following sections of the Texas Government Code: • Section 551.072, Texas Government Code to deliberate the sale or value of real property - 4027 Rufe Snow. • Section 551.071 to consult with attorney on litigation - Hometown Urban Partners, Ltd, vs. City of North Richland Hills. • Section 551.074 to deliberate the employment, evaluation, duties of council appointed positions -City Manager. 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 March 9, 2009 at 7:06 p.m. ROLL CALL Present: Oscar Trevino Scott Turnage John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Tim Welch Mayor Mayor Pro Tem, Council Place 6 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 Staff: Larry J. Cunningham Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples City Manager Assistant City Manager Assistant City Manager Managing Director Managing Director City Secretary Assistant City Secretary Attorney A.1 INVOCATION Councilman Barth gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Barth led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) PROCLAMATION FOR RICHLAND YOUTH ASSOCIATIONS 45T" ANNIVERSARY PRESENTED BY COUNCILMAN LEWIS Councilman Lewis presented a proclamation to Lonnie McKay, President of the Richland Youth Association. Ms. McKay thanked the City Council and the Richland Youth Association Board Members in the audience. A.4 CITIZENS PRESENTATION None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF MARCH 9, 2009 CITY COUNCIL MEETING B.2 GN 2009-014 RESCHEDULING THE MAY 25, 2009 COUNCIL MEETING TO MAY 18, 2009 B.3 PW 2009-008 AWARD BID 09-004 FOR AMUNDSON ELEVATED TANK REHABILITATION WORK TO TANK PRO INC. IN THE AMOUNT OF $505,619.00 B.4 PU 2009-010 AUTHORIZATION TO REJECT ALL BIDS RECEIVED FOR RFB # 09-009 ULTRAVIOLET DISINFECTION SYSTEMS MAYOR PRO TEM TURNAGE MOVED TO APP-ROVE THE CONSENT AGENDA. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PUBLIC HEARINGS C.0 There were no items for this category. PLANNING & DEVELOPMENT D.0 There were no items for this category. PUBLIC WORKS E.1 PW 2009-006 APPROVE BUDGET REVISIONS AND RECOMMEND AWARD OF BID FOR THE 33RD YEAR AND 34TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS: CHARLES STREET, PHASES I & II (JERRELL STREET TO ONYX DRIVE NORTH) PAVING IMPROVEMENTS TO STABILE & WINN, INC. IN THE AMOUNT OF $340,365.28 -RESOLUTION N0.2009-007 APPROVED Greg VanNeiuwenhuize, Assistant Public Works Director presented the item. The Charles Street Projects consist of the City's 33rd Year and 34th Year Community Development Block Grant (CDBG) Projects. Although the City of North Richland Hills is an entitlement city and therefore receives CDBG funds directly, the City has contracted with Tarrant County CDBG Department to administer its CDBG funds. The City determines the projects and the County administers them. However, the City reviews all bids and consultant contracts and makes recommendations to the County for approval. Tarrant County therefore awards contracts. Presently, Tarrant County has indicated that there is an additional $62,572 available for the 33rd Year CDBG Project and an additional $24,914 available for the 34th Year CDBG Project. Using the additional funds will allow the entire section of Charles Street between Derrell Street and Onyx Drive North to be reconstructed at one time instead of the two (2) construction phases that the City initially submitted to Tarrant County. Tarrant County received seven bids for the project. The Public Works Department recommends both projects be awarded to the low bidder Stabile & Winn. Construction is scheduled to begin in late April/early May and take 120 days to complete. COUNCILMAN WELCH MOPED TO APPROVE THE BUDGET REVISION FOR PROJECT CDBG08 AND CDBG09, RESOLUTION NO. 2009-007, AND TO RECOMMEND THE AWARD OF BOTH PROJECTS TO STABILE & WINN. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. E.2 PW 2009-007 APPROVE SANITARY SEWER OVERFLOW COMPLIANCE PLAN AGREEMENT WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY APPROVED Mike Curtis, Managing Director presented the item. During the May 2008 Work Session it was the consensus of Council to have staff inform the Texas Commission on Environmental Quality (TCEQ) that the City of North Richland Hills would volunteer for the Sanitary Sewer Overflow (SSO) Outreach Initiative Program. Since that time staff has worked with the TCEQ in developing a Compliance Plan that would work for both the city and the state. Staff is recommending approval of the Sanitary Sewer Compliance Agreement. COUNCILMAN WELCH MOVED TO APPROVE PW 2.009-007. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. GENERAL ITEMS F.1 GN 2009-015 AUTHORIZE THE PUBLICATION OF NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION -RESOLUTION NO. 2009-010 APPROVED Larry Koonce, Finance Director presented the item. Council is being requested to approve Resolution No. 2009-010, which authorizes the City Secretary to publish the intent to issue Certificates of Obligation not to exceed $11,455,000. Staff provided Council with the calendar of events leading up to the issuance of general obligation bonds (G.O.'s) and certificates of obligations (C.O.'s) on May 11, 2009. The C.O.'s will be issued for improvements at NRH2O ($1,855,000), fire equipment replacement ($785,000), drainage improvements ($450,000), TIF No. 1 expansion projects ($3,500,000) and water and wastewater utility projects ($3,115,000). One of the requirements for the issuance is for the Council to authorize the City Secretary to publish a notice in the newspaper of the City's intent to issue the C.O.'s. COUNCILMAN LEWIS MOVED TO APPROVE RESOLUTION NO. 2009-010.. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.2 GN 2009-016 FY 2009 TEEN SEAT BELT PROJECT/CLICK IT OR TICKET MOBILIZATION PROGRAM GRANT -RESOLUTION NO. 2009-011 APPROVED Andy Kancel, Assistant Police Chief presented the item. Item is to approve a resolution authorizing application for the Texas Department of Transportation's Click it or Ticket Mobilization Grant. The grant will reimburse law enforcement for overtime hours and mileage costs incurred while conducting occupant restraint use enforcement under the FY 2009 Texas Traffic Safety Program. The enforcement period of the grant is May 11 through May 31, 2009. Under the terms of the grant, the City agrees to fund overtime for additional enforcement targeting occupant restraint use during the Memorial Day Holiday period. The Police Department will seek reimbursement at the conclusion of the grant period. COUNCILMAN SAPP MOVED TO APPROVE RESOLUTION NO. 2009-011. MAYOR PRO TEM TURNAGE SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7-0. F.3 GN 2009-020 CERTIFICATION OF UNOPPOSED CANDIDATES, CANCELLING ELECTION AND DECLARING UNOPPOSED CANDIDATES ELECTED TO OFFICE - ORDINANCE NO. 3045 APPROVED Patricia Hutson, City Secretary presented the item. The Texas Election Code provides for the cancellation of an election when each candidate whose name is to appear on a ballot is unopposed and there is no proposition appearing on the ballot. The filing deadline for a place on the ballot for the May 9, 2009 City Council Election was March 9 and the deadline for write-in candidates to file declarations of write-in candidacy was March 16. At the conclusion of the filing deadlines, the candidates who filed for a place on the ballot were unopposed. The law states that the authority responsible for preparing the official ballot (City Secretary) shall certify in writing and deliver to the governing body a certification of unopposed status as soon as possible after the statutory filing deadlines. The City Secretary has certified and presented to the Council a certificate of unopposed status certifying that John H. Lewis, Tom Lombard, David Whitson and Tim Welch filed for Places 1, 3, 5 and 7 respectively on the May 9 ballot, each is unopposed, no write-in candidates have filed and no proposition is on the ballot. Council is requested to accept the certificate of unopposed status and approve Ordinance No. 3045 declaring that the above candidates are elected to office and canceling the May 9, 2009 City Council Election. COUNCILWOMAN COMPTON MOVED TO APPROVE THE CERTIFICATION OF UNOPPOSED CANDIDATES AN'D ORDINANCE NQ. 3045. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0, F.4 GN 2009-018 CONSIDER APPROVAL OF ORDINANCE ESTABLISHING THE PRESUMPTION OF OWNERSHIP OF A MOTOR VEHICLE IN VIOLATION OF A LAW OR ORDINANCE REGULATING THE STOPPING, STANDING, OR PARKING OF MOTOR VEHICLES -ORDINANCE NO. 3043 APPROVED Mike Hamlin, Police Patrol Captain presented the item. The North Richland Hills Police Department and the Municipal Court desire to improve the efficiency and effectiveness of parking violation enforcement. The Texas Transportation Code Section 545.308 provides for the establishment of a presumption for the purpose of prosecution of certain offenses that the registered owner of an unattended motor vehicle was the person who stopped, stood, or parked such vehicle. The North Richland Hills Police Department and Municipal Court recommend adoption of Ordinance No. 3043 to establish a presumption that, for the purposes of prosecution of offenses involving the stopping, standing or parking of an unattended motor vehicle, the registered owner of such vehicle committed such offense and to amend Chapter 54 of the North Richland Hills Code of Ordinances by adding a new Section 54-182. COUNCILMAN BARTH MOPED TO APPROVE ORDINANCE NO, 3043. COUNCILMAN WHITSON SECONDED THE MOTION, MOTION TO APPROVE CARRIED 7-0. F.5 GN 2009-019 CONSIDER ADOPTION OF STRATEGIC PLAN 2020 - RESOLUTION NO. 2009-012 APPROVED Elizabeth Reining, Assistant to the City Manager presented the item. At the City Council Goals Work Session, the City Council reviewed, modified, and reaffirmed the Strategic Plan 2020 adopted in 2007. The Strategic Plan 2020 includes City Council Goals and House Rules. The City Council reaffirmed all eight of the Council Goals as high priority and consistent with Council and community priorities. The Council also reaffirmed the Mission Statement it set in 2007 because the Statement continues to clearly reflect the overall purpose and direction for the community. The approval of Resolution No. 2009-012 would adopt the Strategic Plan 2020 which includes City Goals, the House Rules (Code of Conduct) and outlines the governance process. This Plan also allows the goals to be reviewed biannually to insure that they fit the changing needs of the City. Action items will be examined and updated as needed and as Council directs. They are intended to be priority items to be completed throughout this next year. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION NO. 2009-012 ADOPTING STRATEGIC PLAN 2020. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED T-0. EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda B.3 DELIBERATE THE EMPLOYMENT, EVALUATION, DUTIES OF COUNCIL APPOINTED POSITIONS -CITY MANAGER Mayor Pro Tem Turnage advised that the City Manager wished to retire effective October 1, 2009. MAYOR PRO TEM TURNAGE MOVED TO APPROVE THE REQUEST FOR RETIREMENT/RESIGNATION OF THE CITY MANAGER EFFECTIVE OCTOBER 1, ~QQ9. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O, INFORMATION AND REPORTS H.1 IR 2009-030 POLICE DEPARTMENT 2008 ANNUAL REPORT Jimmy Perdue, Assistant City Manager presented the item. Mr. Perdue briefed Council on the 2008 Annual Police Department Report. Highlights include statistics on all crime, violations issued, motor vehicle accidents, average response times, police calls for service, investigative statistics, 2008 accomplishments and several new programs that began in 2008. H.2 ANNOUNCEMENTS Councilman Whitson made the following announcements. Join us at Green Valley Park from 1 to 4 p.m. on Saturday March 28 for Discover Project Green. Participants of this free event will learn how to conserve and preserve. There will also be kid friendly activities and a performance by "Vocal Trash." Green Valley Park is located at 7701 Smithfield Road. For more information, please call 817- 427-6620. The 2009 Sounds of Spring Concert Series will kick off on Friday, April 3~d and continue every Friday through May 8th. The concerts will take place on the grounds of NRH2O starting at 7:00 p.m. Admission is FREE and everyone is welcome. For more details, visit www.soundsnrh.com or call 817-427-6620. Hop on out and join us on for North Richland Hills' 20th Annual Easter in the Park celebration. This event is scheduled from 10:00 a.m. to noon on Saturday, April 4th, at Green Valley Park. For more details, call 817-427-6600. Kudos Korner -Teddi Zonker, NRH Recreation Center. An email was received from a new patron thanking Teddi for taking the time to meet with her. The patron is visually impaired and it was the first time she had visited the center. Teddi made her feel at ease, explained the fitness programs and answered all her questions. The resident looks forward to visiting the Recreation Center on a regular basis. H.3 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:15 p.m. Oscar Trevino -Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 4-13-2009 Presented by: Larry Koonce Agenda No. B.3 Subject: PU 2009-013 Authorize Inter-local Purchasing Agreement with Tarrant County Tarrant County is requesting to enter into an inter-local purchasing agreement with the City for the purchase of goods and services from vendors selected through the competitive bidding process. This agreement will be mutually beneficial to Tarrant County and North Richland Hills because purchasing larger quantities will reduce the overall expense to each agency. Each agency will place their orders and pay the vendors directly. North Richland Hills or Tarrant County may change or cancel the agreement with a 30-day written agreement. The current inter-local agreement we have in place with Tarrant County only allows the City of North Richland Hills to purchase off of existing Tarrant County contracts, not both ways. The City has a contract in place for the Digital In-Car Video system; this contract allows other entities to purchase these systems at our contract pricing. Tarrant County would like to be able to purchase off this contract. This separate inter-local agreement with Tarrant County will allow them to purchase off existing North Richland Hills contracts. The City currently participates in inter-local agreements with several area cities. Some of the agreements are with the City of Fort Worth for the purchase of fuel, City of Richardson for the purchase of bunker gear and the City of Hurst for the purchase of auto parts. Recommendation: To authorize the inter-local agreement with Tarrant County. CITY OF NORTH R/CHLAND HILLS Department: Finance Council Meeting Date: 4-13-2009 Presented by: Larry Koonce Agenda No. B.4 Subject: PU 2009-014 Authorize Inter-local Purchasing Agreement with the City of Allen The City is requesting to enter into an inter-local purchasing agreement with the City of Allen for the purchase of goods and/or services from vendors selected through the competitive bidding process. The City of Allen has a street light maintenance contract that the Public Works Department would like to use, allowing them to take advantage of the contract pricing for this, as well as other contracts in the future. Council has authorized several of these inter-local agreements and they have been mutually beneficial to North Richland Hills and the other agencies. Participation reduces the overall expense of soliciting bids and purchasing in larger quantities often lowers the cost of the goods and/or services. Each agency will place their orders and pay the vendors directly. North Richland Hills or the City of Allen may change or cancel the agreement with a 30-day written notice. The City currently participates in inter-local agreements with several area cities. Some of the agreements are with the City of Fort Worth for the purchase of fuel, Tarrant County for the purchase of road materials and the City of Hurst for the purchase of auto parts. Recommendation: To authorize the inter-local agreement with the City of Allen. CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 4-13-2009 Presented by: Larry Koonce Agenda No. B.5 Subject: PU 2009-015 Authorize Inter-local Purchasing Agreement with the City of Cedar Hill The City is requesting to enter into an inter-local purchasing agreement with the City of Cedar Hill for the purchase of goods and/or services from vendors selected through the competitive bidding process. Cedar Hill has just awarded a large Medical/EMS supply contract that multiple cities will be using to purchase medical supplies. The contract was awarded to two vendors based on lowest price per item. This contract has been reviewed by North Richland Hills EMS and they have found the pricing to be very good. By using this contract it legally allows us to utilize bids of Cedar Hill where financially practical to NRH versus taking our own bid. With so many cities working together we are receiving much better pricing. Once the inter-local is in place we can start buying off this contract as well as have access to other existing inter-local contracts. Council has authorized several of these inter-local agreements in the past and they have been mutually beneficial to North Richland Hills and the other agencies. Participation reduces the overall expense of soliciting bids and purchasing in larger quantities often lowers the cost of the goods and/or services. Each agency will place their orders and pay the vendors directly. North Richland Hills or the City of Cedar Hill may change or cancel the agreement with a 30-day written notice. The City currently participates in inter-local agreements with several area cities. Some of the agreements are with the City of Fort Worth for the purchase of fuel, Tarrant County for the purchase of road materials and the City of Hurst for the purchase of auto parts. Recommendation: To authorize the inter-local agreement with the City of Cedar Hill. CITY OF NORTH R/CHLAND HILLS Department: Finance Presented by: TPowell/LKoonce Subject: PU 2009-009 Authorize the Purchase of Iron Horse Replacement Equipment from Austin Turf in the amount of $67,014.95 In the 2008/2009 adopted budget, Council approved a loan from the General Fund to the Golf Fund in the amount of $125,164 to replace various pieces of maintenance equipment ranging from mowers to blowers, greens covers and new signage for the course. Council Meeting Date: 4-13-2009 Agenda No. B.6 Below is a list of equipment that will be replaced during the 2008/2009 budget year. Description Turbo Rotary Mower Twin Turbine Blower Diesel Zero Turn Mower Professional Turf Austin Turf BuyBoard TxMAS Pricing Pricing $51, 784.53 10,420.00 19, 833.14 $43,492.23 9,995.00 13, 527.72 Sub-Total $82, 037.67 $67,014.95 The City of North Richland Hills is a member of several Inter-local groups; we utilized existing contracts with Toro and John Deere Dealerships through Texas Multiple Award Schedule (TxMAS) and the Local Government Purchasing Cooperative (BuyBoard) to request quotes on the same list of equipment. The John Deere Dealership was the low bidder again this year for the mowers and blower. 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. The green covers and the signage will be purchased separately later in the year. Recommendation: Authorize the Purchase of Iron Horse Replacement Equipment from Austin Turf in the amount of $67,014.95 ~~L~ AND ~r'ra~ E~~~rMENT n~~~r~~a~ o~ 117i I~IGERO}'ARfi•'E,1).9Ll,~1S. TE.~;AS 757' TEL#614tJD.G4fi.G~57 F~iX# Z:7d.fr3L~.33b6 ~r~ar~linrse £i'C .1~fr~.~eh 4, 2110 ~ ttn: etTin Lirzdse~> ~'a~.: &1 ?-4e'~:~-0249 Ic~e~zc~~crtC~ve~,~l~ ~1 . ccr~r~r 17rcan/t t~+?u ft+r t,or~r iaftc'rest ~F: Jrx/rr4. Deem Golf ruatl 7`urf P'rvdircts and Austin Turf' c~ 7'rcacrnr: if ya:c Trove anl~ tlraa'straTrs aGrrtrt dais rltrrate pleaselsc! free tG cal! AustrT4 7':crf'cC Tractor at 1.5~(I.fid~.G7.S7 TXMAS CONTRACT PRICING ('i'XMAS-7-S1~050) (1`I'~' t}EgCRTP'I'IUi`~I PR]CE buffalo 2 Twin Taa•bine $ 9995;~Q > '~ taller Dr.twn Styic I.ittit > 40 III' Kohler T,itgine ~'attn Deere Model 9~7 Diesel. Zero Turn .Mower $I3,~27.72 > 31 HF ~"atnmar Diesel I%ngine > 72 Inch Side Discharge 7 Iron Deck > R4PS > 1.,lght Kit > Mulch Ziii > Cantrp} > estrx sei of blades rind extra set of mulch blades )ohn Deere ~Iocle! 1tsU0 Turbo Izotat•~~ Mower S Q3,4`)2.23 > 57 HP 1'anmar Turbo Gliargeai Diesel Engine > 1. t Foot Cutting Width ott 3 Decks, 'Two - 42 Inch 'Ntn ;Decks and One W.. G2 Inch Center Decl: > llual Eienteut Air Cle~tlter > Hvdrnsxati.c - Paiver Stes:ring, 4 Wheel DriWe .and 'T.ransntissiott Wet Disk Srxkes > TWO Post RODS {rollovet• pa'OtectiUlt S;1'Stellt~ Wltlt 4eat Plt:lt > Deluge $uspensia'Ft Sestt > Tilt Steering VEJlteel > C11I10171= > Lialtt }'ti.it extra set sf blades and rrtuich blades > foam filled calsteY• wheels Pa-operty /Sales T'ax Not iiitrlucled l~z ~3uotei~ P't"ice. Taa~: mill Be l'aic~ NLUnthlj~ '`.~i#h Four lease ~ayme~xt. Fi~~aucin~ Options Available ''dVitln 3ahri Deere Credit ~r `47V~l~ far o C;,redY,~. l.= 11 r F l2abbe Huai I5 e„ R~ r=45~-8S29 robh ie(uaustinu+rf.cam .Austin Turf R Tractor ALBUQUERQUE, NSW t11EA'IG4 DALL,~S, 7E.1:.95 1t~A1t13LE FALLS', 7EJviS PROFESSIONAL TURF PRODUCTS 1010 N.lndustrial Btvd., Eulrss, TX 76039 Tel: 817-785-1900 / $88-PRO-'f1~RF ~`uz: 817-785-1901 Chris Swain !Remarketing Manager! E:t. 512: t"rsit res at www.praturf,COni PRnFES510NAI. ~,U~ 7l)RF,PN()DtiG.TS DATE: March 1$, 2049 IRON HoRSI! Attn: Kevin Lindsey ,~ '~ BUYBOARD CONTRACT# 292-08 ~~~ PRICE QUQTATIQN QTX MODEL. # COMPANY` DESCRIPT'IQN EACH PRICE,. 1 30363 Groundsmaster 7210172" Side Discharge $ 18,005.08 1 30359 Universal Mount Sunshade" $ 530.24 3 110-0621 Medium Flow Blade $ 58.02 1 30347 Recycler Kit $ 216.80 1 04451 Light Kit $ 324.00 1 110-3263 Wire Harness Kit $ 399.00 SetuplDelivery/Disposal Fee $ 300.00 Subtotal ~ 19,833.14 1 30412 Groundsmaster 4000-C1 Replaces 30410 $ 47,994.37 1 30359 Universal Mount Sunshade" $ 530.24 8 93-5974 Foam Filled 8" Caster Wheel $ 1,008.88 1 30420 Guardian Recycler Conversion Kit $ 1,008.41 7 117-2722 Std. Blades Pack $ 119.63 1 04451 Light Kit $ 324.00 1 110-3263 Wire Harness Kit $ 399.00 Setup/DeliverylDisposal Fee $ 400.00 Subtotal S 51,784.53 t BT-CKB3SQ Cyclone 2 (Squared) Twin Turbine, 40HP Kohler s 1Q,420.0~ Indpendent 360° Nozzle Control Subtotal ~ 82,037.67 TALC TCfTAL ~ 82,037.67 CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: MCurtis/LKoonce Council Meeting Date: 4-13-2009 Agenda No. B.7 Subject: PU 2009-012 Award Bid No. 09-016 for the HVAC Replacement Project to Airwise Heating and Air Inc. in the amount of $52,486 In the 2008/09 approved CIP budget, Council allocated $99,500 for the HVAC Replacement Project. The scope of the project consists of replacing (8) existing HVAC units at two (2) City facilities (City Hall and Fire Administration). Units at the City Hall Complex and the Fire Administration Building are 10 years or older and replacement of these units will reduce energy consumption, maintenance expense, as well as improve indoor air quality. Notice of the City's intent to bid was advertised in the local newspaper as required by State Statute and posted on the City's website. Thirty eight (38) vendors were contacted and requested to participate in this bid process. Bid specifications were viewed from the City's website by fourteen (14) additional vendors. Eight (8) bids were received and the results are listed below: Airwise Heat & CME Builders Tindall Pennington Vendor/Firm Air Inc. Cleburne TX Mechanical Fort Worth TX , Azle TX Cedar Hill, TX Description 1 Project-Base $46,486.00 $50,893.00 $52,556.00 $64,000.00 Bid ALTERNATE ONE $6,000.00 $8,513.00 $8,981.00 $8,000.00 Total Base $52,486.00 $59,406.00 $61,537.00 $72,000.00 plus alternate American Comfort Tec Lawton Vendor/Firm Wood A/C Mechanical Mechanical Commercial Mt. Pleasant, TX Services Haltom City, TX McKinney TX Carrollton, TX Description ~ Project-Base $68,000.00 $62,357.00 $48,607.00 $58,818.00 Bid ALTERNATE $7,980.00 $7,053.00 $6,721.00 $8,449.00 ONE Total Base $75,980.00 $69,410.00 $55,328.00 $67,267.00 plus alternate The bids consisted of a Base Bid including the eight HVAC units outlined in the project description and one alternate bid (Alternate 1). Alternate 1 consists of the replacement of the roof top HVAC unit at Citicable. During a scheduled preventative maintenance program it was discovered that the heat exchanger internal to the unit failed. Staff has delayed the replacement of this HVAC unit as long as possible because of the long term uncertainty of the building but because of the problem discovered the HVAC unit will need to be replaced. This unit was originally scheduled to be replaced in 2006-2007. Replacement of this unit is necessary to provide Citicable with heated and air conditioned space. The Facilities and Construction Department has reviewed the project scope and materials with Keith Hufsey of Airwise Heat & A/C. Mr. Hufsey is comfortable with the bid submitted to the City of North Richland Hills and has agreed to perform the scope of work as described in the bid specification. The documents submitted by Airwise Heat & A/C are complete. The documents have been reviewed and meet the requirements according to the bid specifications. Airwise Heat & A/C has a favorable project history with the City of North Richland Hills. Recommendation: To Award Bid No. 09-016 for the HVAC Replacement Project to Airwise Heating and Air Conditioning in the amount of $52,486 CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: VLoftice/LKoonce Council Meeting Date: 4-13-2009 Agenda No. B.8 Subject: PU 2009-017 Award Bid 09-013 for NRH2O Water Park Food Service Products to C. D. Hartnett as Primary Supplier and Ben E. Keith as Secondary Supplier Request for Bids were solicited for a seasonal contract to supply food service products for NRH2O Water Park for a five (5) month period (May 1 through Sept 30) with options to extend the agreement for three (3) additional seasonal periods. Suppliers will be allowed to submit price increases for consideration sixty (60) days prior to beginning of each season. Bidders were requested to submit prices on a list of specific food items as well as specific brands that were high volume over the past year. Evaluation factors include brand of food item offered, price, quality, and customer service response. Notice of the Intent to Bid was advertised in local newspapers, as required by State Statute and posted on the City Website. Eighteen (18) vendors were contacted and requested to participate in this process. Bid specifications were viewed on the City Website by nine (9) additional vendors. Four (4) bids were received from the following firms: Ben E. Keith C. D. Hartnett Bar-W Meat US Food Services Core Food Total $110,975.92 $97,677.29 $16,949.00 NO BID Candy Total $3,282.74 $3,410.17 NO BID NO BID Specialty Snacks Total $15,060.50 $13,293.60 NO BID NO BID Degreaser Total $838.95 $648.84 NO BID NO BID Bread Total $35,206.56 $41,008.67 NO BID NO BID Paper/Dry Goods Total $24,013.40 $14,355.42 NO BID NO BID Ice Cream $783.76 $721.36 NO BID NO BID Food Total $190,161.83 $171,115.35 $16,949.00 NO BID The four sealed bids were opened and one vendor, US Food Services, submitted a no bid on all items. Staff follow-up indicated that US Food Services provides on site catering services rather than food for resale, but wanted to keep their hat in the ring for possible future bids for which they might qualify. Bar-W Meat's bid was incomplete which eliminated them from the evaluation process; leaving C. D. Hartnett and Ben E. Keith as eligible for award. After adjusting the bid for items that were not bid on by either C. D. Hartnett or Ben E. Keith, C. D. Hartnett had the lowest price proposal. Staff is recommending C.D. Hartnett be awarded primary vendor for the NRH2O Water Park. With the high demand during the parks season it is sometimes difficult for C. D. Hartnett to supply all items within the time frame needed. The specifications allow the City to award a secondary vendor to ensure a constant supply for the patrons of the water park. The primary vendor will be contacted for all order submittals. If the primary vendor is unable to deliver by the deadline, then a secondary vendor will be given the order. It is the recommendation of Purchasing Division that Ben E Keith be approved as the secondary vendor. C. D. Hartnett Co. comes with solid credentials and is the food supplier for the Birdville Independent School District and the University of North Texas. C. D. Hartnett was also the food supplier for the NRH2O Water Park and Police Department Detention Facility during the previous year. The company was established in 1904 and is headquartered in Weatherford Texas with a distribution center in Fort Worth. Recommendation: To Award Bid 09-013 for NRH2O Water Park Food Service Products to C. D. Hartnett as Primary Supplier and Ben E. Keith as Secondary Supplier. Top Twenty Items C.D. Hartnett Ben E. Keith Case Per Case Per Product Brand Price Unit Brand Price Unit Beef patties 80/20 Cargill 17.99 0.45 Holten 22.1 (frozen) Hotdogs all meat Farmland 14.78 0.3 Farmland 20.24 Hotdogs all meat Bryan 28.32 0.57 Bryan 23.54 Chicken Tenders Brakebush 38.82 0.47 Brakebush 39.93 Bacon Tyson 25.79 0.09 Bryan 32.07 Corn Dogs Foster Farms (72) 23.18 0.32 Foster Farms (48) 16.61 Nacho Cheese Gehl's 43.12 0.15 Gehl's 42.65 Chili Sauce Gehl's 45.68 0.16 Gehl's 46.22 Nacho Chips Mission 14.86 0.46 Mission 13.32 Breaded Boneless Brakebush 32.19 0.8 Brakebush 33.06 Wings Sliced Hickory Jenni-O 40.33 0.63 Hormel 45.43 Smoked Turkey Sliced Cooked Hormel 38.53 0.6 Tyson 32.08 Ham Italian Breaded Mozzarella Cheese Sticks Anchor 43.85 Southwest Mini Chicken Empanadas Windsorfoods 49.06 Mini Chicken Tacos Windsorfoods 59.49 Crispy Coat Fries Simplot 19.67 Potato Wedges McCain 16.99 Apple Slices Tree Top 19.17 Funnel Cakes J&J's 45.63 Giant Pretzel J&J's 22.99 Totals 640.44 0.96 Anchor 87.2 1.23 Windsorfoods 47.37 0.93 Windsorfoods 60.69 0.55 0.4 0.47 0.48 0.11 0.34 0.15 0.17 0.42 0.83 0.71 0.5 1.91 1.18 0.29 Simplot 27.1 0.18 McCain 17.67 0.3 Tree Top 37.63 0.95 J&J's 49.94 0.46 J&J's 25.63 10.3 720.48 0.95 0.4 0.18 0.31 1.04 0.51 11.61 CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: VLoftice/LKoonce Council Meeting Date: 4-13-2009 Agenda No. B.9 Subject: PU 2009-016 Authorization to Reject All Bids Received for the RFB 09-015 Tennis Court Resurfacing Project at Richland Tennis Center Formal bids were solicited for the Tennis Court Resurfacing project for Richland Tennis Center. The City received five (5) responses for the April 2, 2009 due date. All five (5) of the bids submitted are higher than the amount budgeted for this project. As bid prices were higher than anticipated, staff follow-up with vendors revealed that by adjusting the project schedule it would allow the contractors to lower the cost of risk associated with not meeting deadlines. Staff will revise the bid specifications to allow the contractor to resurface several courts concurrently, instead of only two courts at a time, whereby reducing the length of time the contractor is on the job. These changes to the specifications and re-bidding this project will yield a more affordable contract price, saving the City several thousand dollars while staying within budget. It is requested that all bids received be rejected, the bid specifications be re-evaluated and the project re-bid. American Innovative American JDC Serve Sports Vendor/Firm Sports & Services Tennis Courts Construction Courts Concrete Description Total Base Bid $83,500.00 $76,137.00 $85,730.00 $103,300.00 $182,868.00 Alternate Bid #1 $7,521.00 $11,880.00 $5,000.00 No Charge Alternate Bid #2 $5,576.00 $5,700.00 $3,000.00 No Charge Total Bid $83,500.00 $89,234.00 $103,310.00 $111,300.00 $182,868.00 Addendum / / / / Received Recommendation: Authorization to Reject All Bids Received for the RFB 09-015 Tennis Court Resurfacing Project at Richland Tennis Center and rebid this project. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 4-13-2009 Agenda No. C.0 Subject: PUBLIC HEARINGS There are no items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 4-13-2009 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. There are no items for this category. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 4-13-2009 Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 4-13-2009 Presented by: Jimmy Cates Agenda No. E.1 Subject: PW 2009-009 Approve Amending Section 78-61(a) by adding a new Section to the North Richland Hills Code of Ordinances, Revising the Water Rationing Schedule, and Adopting a new Drought Contingency and Emergency Water Management Plan - Ordinance No. 3046 The City of North Richland Hills last updated its Drought Contingency and Emergency Water Management Plan in 2006. A revision of Title 30 of the Texas Administrative Code (TAC), Chapter 288, concerning drought contingency and emergency water management plans for retail or wholesale water suppliers became effective on January 10, 2008. This revision requires all public water suppliers serving 3,300 or more connections to submit an updated drought contingency and emergency water management plan to the Texas Commission on Environmental Quality (TCEQ) and to update the plan every five years thereafter. The revisions set forth by the TCEQ will help public water suppliers and regional groups to properly prepare plans that will ensure adequate water supplies during drought or emergency water conditions. All updated plans shall include the following: Specific, quantified targets for water use reductions (New Requirement) Coordination with regional water planning groups. (New Requirement) Drought response stages Triggers to begin and end each stage Supply management measures Demand management measures - Descriptions of drought indicators Notification of procedures -. Enforcement procedures Procedures for granting exceptions Ongoing public education Adoption of plan The City's 2006 plan meets most of the new TCEQ requirements, but does not meet them all. Specifically, the 2006 plan does not cover specific, quantified targets for water use reductions and the coordination with regional water planning groups. The attached updated plan meets the requirements set forth by TCEQ and follows the recommended format by TCEQ. It includes quantified targets for water use reductions for each drought or emergency response stage. The plan also includes Tarrant Regional Water District (TRWD) triggers for drought and emergency water demand stages. TRWD is a wholesale supplier of raw water to the City of Fort Worth and the Trinity River Authority (TRA). Under the City's wholesale water contract with the City of Fort Worth and TRA, the City of North Richland Hills is required to initiate any drought or emergency response stages that are required by TRWD, as well as those required by the City of Fort Worth and TRA. (This is a requirement for all City of Fort Worth and TRA wholesale water customers not just a requirement for North Richland Hills.) In addition to the new plan needing to cover specific, quantified targets for water use reductions and the coordination with regional water planning groups, the updated plan has two significant differences. The first difference is the removal of the City's Water Conservation Plan. The 2006 Drought Contingency and Emergency Water Management Plan also included the City's Water Conservation Plan. The updated plan separates the Water Conservation Plan from the Drought Contingency and Emergency Water Management Plan. The reason for separating the plan is a staff recommendation and not a state requirement. As water conservation becomes more customary and expected, staff can foresee each plan having their own independent revisions in the future. Therefore staff believes it would be fitting to separate both plans at this time. The other significant change in the 2006 plan has to do with the number of emergency response stages. The 2006 plan has four stages; the updated plan has only three stages. The elimination of one of the stages places more consequences in each stage. The three stage approach is required by the City of Fort Worth and is not a choice for the Fort Worth wholesale water customer cities. Below is a summary of the three new stages along with only the kev actions and kev exceptions identified for each stage. The attached plan indicates all actions required for each stage. Stage 1 -Water Watch: Water demand reaches or exceeds 90% of reliable delivery capacity for three consecutive days or the total raw water supply with TRWD drops below 75% (25% depleted) of conservation storage. The specific, quantified target for water use reduction under Stage 1 is 5%. Under this stage, water users are required to initiate mandatory water restrictions to prohibit non-essential use. The major impact to water users will be the limiting of landscape watering with sprinklers or irrigation systems at each service address to a twice per week schedule as outlined below. Residential addresses ending in an even number (0, 2, 4, 6, or 8) may water on Wednesdays or Saturdays. Residential addresses ending in an odd number (1, 3, 5, 7, or 9) may water on Thursdays and Sundays. All non-residential locations (apartment complexes, businesses, industries, street right-of-ways, parks, and sports fields) may water on Tuesdays and Fridays. Exceptions for Stage 1-Water Watch: Foundations may be watered up to two hours on any day using a handheld hose, soaker hose, or by drip irrigation. Newly installed shrubs (first year) and trees (two years) may be watered up to two hours on any day using a handheld hose or drip irrigation. Newly seeded grass or sod is discouraged unless for the purpose of establishing a new lawn. If for the purpose of a new lawn, the grass seed or sod can be watered for up to 30 days. After the 30 day period, the restrictions set forth in Stage 1 apply. Skinned areas of sports fields may be watered as needed for dust control. Stage 2 -Water Warning: Water demand reaches or exceeds 95% of reliable delivery capacity for three consecutive days or the total raw water supply in TRWD drops below 60% (40% depleted) of conservation storage. The specific, quantified target for water reduction under Stage 2 is 10%. During this stage, all water users will be required to limit landscape watering with sprinklers or irrigation systems to a once per week schedule at each service address. This will include landscape watering at parks and sports fields. Also included will be prohibiting the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. The operation of NRH2O would not be impacted in Stage 2 because it utilizes a recirculation system. Exceptions for Stage 2-Water Warning: Foundations may be watered up to two hours on any day by a handheld hose, soaker hose, or by drip irrigation. - Newly installed shrubs and trees (first year) may be watered up to two hours on any day by a handheld hose, drip irrigations, or a soaker hose. Stage 3 - Emergency Water Use: Water demand reaches or exceeds 98% of reliable delivery capacity for one day or the total raw water supply in TRWD drops below 45% (55% depleted) of conservation storage. The specific, quantified target for water use reduction under Stage 3 is 20%. No landscape watering will be allowed under this stage. This includes parks and sports fields. Water users will not be allowed to establish new landscaping. The City will prohibit the permitting of new swimming pools, Jacuzzi-type pools, spas, ornamental ponds, and fountain construction. Pools already permitted and under construction may be completed and filled with water. All commercial and industrial water users will be required to reduce water use by a set percentage as determined by the City. Exceptions for Stage 3-Emergency Water Use: Foundations may be watered up to two hours on any day by a handheld hose, soaker hose, or by drip irrigation. Trees may be watered up to two hours on any day by handheld hose, drip irrigation, or a soaker hose. There are other responses and actions required of water users in the plan, but the actions noted above will have the largest impact to water users. Mandatory water use restrictions imposed in Stages 1, 2, and 3 will be enforced by warnings and penalties as follows: On the first violation, a water user will be given a written warning that they have violated the mandatory water use restriction. On the second and subsequent violation, citations may be issued to water users with minimum fines established by ordinance (not to exceed $2,000). - After three violations have occurred, the City may cut off water service to the customer. In summary, the city has developed a Drought Contingency and Emergency Water Management Plan that will conserve the available water supply in times of drought and emergencies, maintain supplies for domestic water use, sanitation use, and fire protection. The plan is also designed to protect and preserve public health, welfare, and safety. Recommendation: Approve Ordinance No. 3046 amending Section 78-61(a) and adding a new Section of the North Richland Hills Code of Ordinances to revise the Water Rationing Schedule and Adopting a new Drought Contingency and Emergency Water Management Plan. ORDINANCE NO. 3046 AN ORDINANCE AMENDING SECTIONS 78-61(a) AND ADDING A NEW SECTION 78-63 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO REVISE THE WATER RATIONING SCHEDULE TO REFLECT NEW WATER RATIONING PLANS AND ADOPTING A NEW DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds that conservation of water and protection of water supplies is in the best interest of the citizens of the city; and, WHEREAS, water supply lakes rely on rainfall for replenishment and rainfall can vary significantly from year to year; and, WHEREAS, the occurrence of droughts cannot be predicted as to when one will begin or end and emergency situations can occur at any time as a result of incidents such as pipeline failures, power outages and pump failures; and, WHEREAS, the regulations of the Texas Commission on Environmental Quality (the "Commission") require that the City revise its current Drought Contingency and Emergency Water Management Plan; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. That Section 78-1 (a) of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 78-61. Rationing during water shortage. (a) Authority to declare water shortage. The city manager shall have the authority upon recommendation of the city engineer and director of utilities to declare that a shortage of water exists at any time and may at his discretion invoke either of the following water rationing plans. (1) All occupants of houses with odd-numbered street addresses ending in an even number (0, 2, 4, 6, or 8) may water on Wednesdays and Saturdays. All occupants with street addresses ending in an odd number may water on Thursdays and Sundays. All non-residential locations (apartment complexes, businesses, industries, parks, medians, etc.) may water on Tuesdays and Fridays. Such restriction shall last for a time not to exceed the duration of the shortage as determined by the city manager. (2) Prohibit all outside watering within the city for specified periods of time. (3) Any other requirement of the city wholesale water supplier." Section 2. That Division 2 of Chapter 78 of the North Richland Hills Code of Ordinances be amended by adding a new Section 78-63 which shall read as follows: "Sec. 78-63. Drought contingency and emergency water management plan. (a) Plan adopted. The City Council hereby approves and adopts the Drought Contingency and Emergency Management Plan (the "Plan") attached hereto as Attachment A, as if recited verbatim herein. The City commits to implement the requirements and procedures set forth in the adopted Plan. (b) Procedure, rules and regulations. The City Manager or his/her designee shall have the authority to enact and promulgate rules and regulations of the Plan as necessary to protect the health and safety of the general public. (c) Penalty for violation. Any customer, as defined by Rule 288.20, Texas Administrative Code, failing to comply with the provisions of the Plan shall be deemed guilty of a misdemeanor and fined in an amount not exceeding two thousand dollars ($2,000.00) and/or discontinuation of water service by the City. Each day a violation occurs shall be a separate violation punishable hereunder. The City shall also have authority to seek injunctive or other relief under the law for actual or threatened violations. (d) Variances. The City Manager or his/her designee shall have the authority to grant temporary variances for water uses otherwise prohibited under the Plan if it is determined that the failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation or fire protection for the public or the person requesting the variance." Section 3. 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 section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 4. The City Secretary is hereby directed to publish this ordinance or its caption and penalty in the official City newspaper as required by law. Section 5. This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordered. PASSED AND APPROVED on this 13th day of April, 2009. By: 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: Mike Curtis, P.E., Managing Directorr Attachment A 2009 Drought Contingency And Emergency Water Management Plan 2009 Drought Contingency and Emergency Water Management Plan TABLE OF CONTENTS Section Description Page # 1.0 Introduction and Ob}ectives .....................................................................1 2.0 Texas Commission on fcnvironmentat Quality Rules .............................. .1 3.0 Water System Profile ...........................................................,.................. .1 3.1 North Richland Hills Pumping Capacity .......................................... .2 4.0 Drought Contingency P1an ...................................................................... .2 4.1 Wholesale Customer's of Fort Workh and TRA ................................ 2 4.2 Public Educa#ion ..............................................................................3 4.3 Initiation and Termination of Drought Emergency Response Stages ............................................................................3 4.4 Draught and Emergency Response Stages ..................,..............,.,4 4.4 Stage 1 Response ......................................................................... ..4 4.4 Stage 2 Response ........................................................................... 7 4.4 Stage 3 Response ......................................................................... 10 4.~ Procedures for Enforcing Mandatory Water Use Measures .,........ 12 4.6 Variance Provisions ....................................................................... 13 4.7 Review and Update of Draught Contingency Plan ........................ 13 APPENDICIES Aaaendix Descrip#ion ___ _______. Page # A Letter to Wholesale Customer ...............................................................14 B Letters to the City of Fort Worth, Trinity River Authority, the Texas Commission on Env'cronmental Quality, and the Texas Water Devetapment Board .............................................16 C Ordinance Adopting the Plan ................................................................. 21 Q Emergency Water Management Plan Implementation ..........................25 E Key City Officials' Cantact Numbers................... ................................... 31 F Water Saving Methods .......................................................................... 33 G Matrix of Actions by Customer Type and Stage ..................................... 38 1.t} INTRODUCTION AND OBJECTIVES Drought or a number oft other uncontrollable c'vcurnstances can disrupt normal availabili#y of the City's water supply. Even though the City may have an adequate water supply, the supply could become contaminated or a disaster could destroy the supply. The City's Drought Contingency and Emergency Water Management Plan (EWMP) is not the same as the Water Conservation Plan. While water conservation involves implementing permanent water use efficiency or reuse practices, the EWMP will establish temporary methods or techniques designed to be used only as long as an emergency exists. The purpose of this Drought Contingency and EWMP (subsequently referred #o as the Plan) is as follows: To conserve the available water supply in times of drought and emergency. • To maintain supplies for domestic water use, sanitation, and fire protection. • To protect and preserve public health, welfare, and safety. To minimize the adverse impacts of water supply shortages. To minimize the adverse impacts of emergency water supply conditions. 2.Q TEXAS GOMMISSION ON ENVIRONMENTAL QUALITY RULES TCEQ rule Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.1 (4) defines a drought contingency plan as "a strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies." TCEQ rules governing development of and minimum requirements for drought contingency plans far municipal water suppliers and wholesale water suppliers are contained in Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 and Rule 288.22, respectively. ~.0 WATER SYSTEM PROFILE North Richland Hills purchases wafter from the Trinity River Authority Northern Region (TRA) and the City of Fort Worth. Tarrant Regional Wa#er District (TR1ND) is the wholesale raw water supplier for TRA and the City of Fort Worth. The water supply sources for TRA and the City of Fort Worth are as follows: • Lake Arlington: TRA pipeline West Fork of Trinity River: Lake Worth, Eagle Mountain Lake, and Lake Bridgeport (A pipeline connecting Eagle Mountain Lake to the East Texas supply is under construction). • East Texas: Cedar Creek Reservoir, located approximately 75 miles southeast of Fort Worth and Richland Chambers Reservoir, located approximately 75 miles southeast of Fort Worth; and • Clear Fork of the Trinity River via Lake Benbroak. A pipeline connects Lake Benbrook to the East Texas Supply. 3.1 NORTH RICHLAND HILLS' PUMPING CAPACITY North Richland Hills provided water to approximately 65,750 residents in 2008 with the population expected to exceed 74,000 by 2015. In addition, North Richland Hills provides treated water to the City of Watauga with a current estimated population of 24,500 and is expected to exceed 26,000 by 2015. North Richland Hills purchases treated water from the City of Fort Worth and the TRA Norttiem Region and distributes water through a series of five (5) ground storage facilities and four (4) eleva#ed storage facilities resulting in a storage capacity of 16 mitNon gallons .and an estimated pumping capacity of 41.5 million gallons/day (MGD) of available potable water. NORTH RICHLAND HILLS PUMPING CAPACITY Ru~R $tatibn Envy Ports. Station Gapabilit~'~MGI~~-` 7699 Airport Freeway at Handley Ederville Road 8.0 5105 Western Center Boulevard 12.0 ...41.45 Stanle~r_Keller Road..------____-- ---_..~_---------.7.5 1011 Glade Road 14.0 4.0 DROUGHT CONTINGENCYfEMERGENCY WATER MANAGEMENT PLAN 4.1 WHOLESALE CUSTOMERS OF FORT WORTH AND TRA The City of North Richland Hills is a wholesale or retail customer of the Ci#y of Fort Worth and the Trinity River Authority (TRA) far purchasing potable wafer. The City is required, per the wholesale contract, to establish a Draught ContingencylEmergency Water Plan similar to the City of Fort Worth and TRA. The City's Plan must follow the same triggering conditions, stages, and responses to drought or emergency water conditions as Fort Worth and TRA plans. Under the City's Plan, we wilt be notified by the City of Fort Worth or TRA by telephone or facsimile, and a wriften letter for each stage of the Plan will follow. The notification process will include the steps the City must take in order #o comply with their plans. The City may also need to implement an Emergency Water Management Program in lieu of Fort Worth or TRA's plans. For these emergency water situations, the City will fallow the same triggers, stages, and responses as outlined in the Plan. 4.2 PUBLIC EDUCATION The City of North Richland Hills will infamz and educate the public about the Drought Contingency/Emergency Water Management Plan by the fallowing means: • Preparing fact sheets describing the Plan and making these available online and at various City sites and at events where the Public Works Department may have a booth. • Posting a copy of the Plan an the City's web site. • Notifying local organizations, schools, and civic groups that staff is available to make presentations concerning drought contingencies and emergency water management plans. When the Drought Contingency/Emergency Water Management Plan is activated or the stage changes, the City will notify local media of the issues, the current response stage; and the specific actions required of the public The information will also be publicized on the City's web site. Utility bill inserts wilt also be used as appropriate. 4.3 INITIATION ANQ TERMINATION OE' DROUGHT AND EMERGENCY RESPONSE STAGES The provisions of this Plan shall apply to all persons, customers, and property utilizing potable water provided by the City of North Richland Hills. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and alt other legal entities. The Plan does not apply to locations using treated wastewater effluent, private or public wells or possessing their own water rights in the Trinity River. The Plan may be applied to the entire city or geographic portions of the City as necessary. If the Plan is applied only to a limited sector, the boundaries will be defined in terms of roadways, creeks and other easily distinguishable features. Initiation oi` a Drou~thtlEmergency Wager Management Stage The City Manager or his/her official designee may order the implementa#ion of a drought response or water emergency stage when one or more of the trigger conditions for that stage is met. The following actions will occur when a stage is initiated: • The public will be notified through local media and through the City's web site. • The City of Watauga, a wholesale or retail customer of the City, will be notified by telephone, a-mail, follow-up letter, or fax that provides details of the reasons for initiation of the drought or water emergency stage. • The. public will also be notified by postings at the North Richland Hills' City Halt and at several key public facilities within the City. Temporary signs will also be placed throughout the City. The notification will include the proper stage level and responses to the stage level so residents and customers of the city will understand what actions are required on their part. A description and details of the reasons for initiation of the drought ar water emergency stage will be provided in the public posting. All stages imposed by the City of Fort Worth or TRA must be initiated by the City of North Richland Hills. The Tarrant Regional Wa#er District {TRWD) supplies surface water to the City of Fort Worth and TRA. The raw water is treated and made potable for the City of North Richland Hills' use by the City of Fart Worth and TRA. Under the wholesale contracts and agreements, the City of North Richland Hills, the City of Fort Worth and TRA must initiate any drought response or emergency stages that have been initiated by TRWD. TRWD's stages are included in the City's Plan. Termination of a DroughtlEmeraency Water Mana~ernent Staue The City Manager or his/her official designee may order the termination of a drought response or water emergency stage when notified by the City of Fort Worth or TRA that conditions for termination are met. The City of North Richland Hills may have to implement a water emergency stage on behalf of its water distribution system. Examples may include the loss of pumping capacity, contamination, and water main breaks. The City Manager or his/her official designee may order the termination of the stage. 4.4 DR©UGHT AND EMERGENCY RESPCYNSE STAGES Stage 1 -Water Watch Triggering Conditions: Water demand reaches or exceeds 90% of reliable delivery capacity far three consecutive days. The delivery capacity could be citywide ar in a specified portion of the system. • Distribution system becomes contaminated. • Water demand far all or part of the delivery system approaches delivery capacity because delivery capacity is inadequate. • Water supply system is unable to deliver water due to the failure or damage of major water system components. • Total raw water supply within the Tarrant Regional Water District (TRWD) western and eastern division reservoirs, drops below 75% (25% depleted) of conservation storage. Water demand for all or part of the TRWD delivery system exceeds delivery capacity because delivery capacity is inadequate. • Water demand is projected to approach the limit of TRWD's permitted supply. • TRWD's supply source becomes contaminated. 4 • TRWD's water supply system is unable to deliver water due to the failure ar damage ofi major water system components. • The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that conditions warrant the declaration ofi Stage 1 of the Plan. Terminating Condition for Stagel Stage 1 may terminate when the City of Fort Worth or TRA terminates its Stage 1 condition ar when circumstances that caused the initiation of Stage 1 no longer prevail. Goal for use reduction for Stage 1 The goal for water use reduction under Stage 1, Water Watch, is five percent. If circumstances warrant or if required by the City of Fort Worth or TRA, the City Manager of North Richland Hills or his/her officia! designee can set a goal for greater water use red uation. Actions available for Stage 1 The City Manager or hisltter official designee may order the implementation of any of the actions listed below, as deemed necessary. The City Manager or his/her official designee must implement any acfion(s) required by the City of Fort Worth or TRA. All Water Users Initiate mandatary restrictions to prohibit non-essential water use as follows: • Prohibit hosing of paved areas, such as sidewalks, driveways, parking lots, tennis courts, patios, or other impervious surfaces, except to alleviate an immediate healfih or safety hazard. • Prohibit hosing of buildings or other structures for purposes other than fire protection or surface preparation prior to painting. • Prohibit using water in such a manner as to allow runoff or other waste, including: - Failure to repair a controllable leak, including a broken sprinkler head, a leaking valve, leaking or broken pipes, or a leaking fiaucet; - operating a permanently installed irrigation system with: (a) a broken head; (b} a head that is out of adjustment and the arc of the spray head is over a street or parking. lot; or (c) a head that is misting because of high water pressure; or - during irrigation, allowing water: {a} to run off a property and form a stream of water in a street for a distance of 50 feet or greater; or (b} to pond in a street or parking lot to a depth grea#er than one-quarter of an inch. Prohibit outdoor wa#ering with sprinklers or irrigation systems between 1 fl a.m. and 6 p.m. 5 Limit landscape watering with sprinklers or irrigation systems at each service address to a twice per week schedule as outlined below. This includes landscape watering of parks, and sports fields. - Residential addresses ending in an even number {0, 2, 4, 6, or 8) may water on Wednesdays and Saturdays. - Residential addresses ending in an odd number (1, ~, 5, 7 ar 9) may water on Thursdays and Sundays. - All non-residential locations {apartment complexes, businesses, industries, parks, street medians, etc.) may water on Tuesdays and Fridays. • Ail users are encouraged to reduce the frequency of draining and refiNing swimming pools. • Ail users are encouraged to use native and adapted drought tolerant plants in landscaping. • Washing of any motor vehicle, motorbike, boa#, trailer, airplane, ar other vehicle shall be limited to the use of a hand-held bucket ar a hand-held hose equipped with a positive-pressure shutoff nozzle far quick rinses. Vehicte washing may be done at any time on the premises of a commercial car wash ar commercial service station. Companies with an automated on-site vehicle washing facility may wash its vehicles at anytime. Further, such washing may be exempt from these requirements if the health, safety, and welfare of the public are contingent upon frequent vehicle cleanings, such as garbage trucks and vehicles used to transport food and perishables. Exceptions: - Foundations may be watered up to two hours on any day using a handheld hose, soaker hose ar drip irrigation system placed within 24-inches of the foundation that does not produce a spray of water above the ground. - Newly installed shrubs (first year) and trees {two years) may be watered up to two hours on any day by handheld hose, drip irrigation, soaker hose or tree bubbler. Tree watering is limited to an area not to exceed the drip line of a tree. - Outdoor watering at service addresses with large mufti-station irrigation systems may take place in accordance with a variance granted by the Public Works. Department, if the department detem~ines that a property can not be completely irrigated with an average of three-quarters of an inch of water in a single day, and that the property should be divided into sections to be irrigated on different days. - Establishing new turf is discouraged. If hydromulch, grass sod, or grass seed is installed for the purpose of establishing a new lawn, there are no watering restrictions far the first 30 days white rf is being established. After that, the watering restrictions set forth in this stage apply. {This does not include over seeding with rye since turf already exists.) - Skinned areas of sports fields may be watered as needed for dust control. - Professional sports fields {playing fields within a stadium only, not surrounding landscaping) may be watered as needed to maintain league standards. fi City and Local Governments (In addition to the actions listed above): • Review conditions and problems that caused Stage 1. Take corrective action. Increase public education efforts on ways to reduce water use. • Increase enforcement efforts. • Intensify Peak detection and repair efforts. Audit all city and local government irrigation systems to ensure proper conditions, settings, and operations. • Identify and encourage voluntary reduction measures by high-volume water users through water use audits. • Reduce non-essential water use. As used herein, non-essential water uses are those that do not have any health or safety impact and are not needed to meet the care function of the agency. • The City of Fort Worth or TRA will notify the City of North Richland Hills of actions being taken and require them #o implement the same stage and measures. Such action is in accordance with Section 2.3 of the Uniform Wholesale Water Contract. Per contract, wholesale customers are required to ins#itute and apply the same rationing, conservation measures or restrictions to the use of water by their customers for so long as any part of their total water supply is being famished by the City of Fart Worth. • Advise the City of Watauga of actions being taken by North Rich{and Hills and require enforcement of like procedures in the City of Watauga. Commercial ar Industrial: All actions listed above fior all water users apply to commercial and industrial users. • Stock at commercial plant nurseries is exempt from Stage 1 watering restrictions. • Hotels, restaurants, and bars are encouraged to serve drinking water to patrons on an "on demand" basis. • Hotels are encouraged to implement laundry conservation measures by encouraging patrons to reuse their linens and towels. Stacie 2 -Water Warning Triggering Conditions: • Water demand reaches ar exceeds 95°/a of reliable delivery capacity for three consecutive days. The delivery capacity could be citywide or in a specified portion of the system. Contamination of the water supply source{s) or water supply system. Demand for all ar part of the delivery system equals or exceeds delivery capacity because delivery capacity is inadequate. 7 • Water supply system is unable to deliver water due to the failure or damage of major water system components. • Total raw water supply within TRWD, western and eastern division reservoirs, drops below 60% (40% depleted) of conservation storage. • Water demand for ail or part of the TRWD delivery system exceeds delivery capacity because delivery capacity is inadequate. • Water demand is projected to approach the limit of TRWD's permitted supply. • TRWD's supply source becomes contaminated. • TRWD's water supply system is unable to deliver water due to the failure or damage of major water system components. • The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that conditions warrant the declaration of a Stage 2 of the Plan. Terminating Condition for Stage 2 Stage 2 may terminate when the Gty of Fort Worth or TRA terminates its Stage 2 condition or when circumstances that caused the initiation of Stage 2 no longer prevail. Goal for Use Reduction for Stage 2 The goal for water use reduction under Stage 2, Water Warning is to decrease use by 10 percent. if Circumstances warrant or if required by the City of Fort Worth, the City Manager of North Richland Hills or his/her official designee can set a goal for greater water use reduction. Actions Available fnr Stage 2 The City Manager or his/her official designee may order the implementation of any of the actions listed below, as deemed necessary. The City Manager or his/her official designee must implement any action(s) required by the City of Fart Worth.. • Continue or initiate any actions available under Stage 1. All Water Users: Limit landscape watering with sprinklers or in igation systems to a once per week schedule at each service address as determined by the Public Works Department. This includes landscape watering at parks and sports fields. « All users are encouraged to wait until the current drought or emergency situation has passed before establishing new landscaping and turf. If hydramulch, grass sod, or grass seed is installed for the purpose of establishing a new lawn, there are no watering restrictions for the first 30 days while it is bring established. After that, the watering restrictions se# forth in this stage apply (this does not include over seeding with rye since turf already exists). Prohibit use of water for dust control, except as required to protect public health. • Prohibit the operation of ornamental fountains or ponds that use potable water except where necessary, to support aquatic life or where such fountains or ponds are equipped with a recirculation system. • Prohibit filling of swimming pools with automatic valves. • Watering for dust control on skinned areas of sport fields is not allowed. Exceptions: - Foundations may be watered up to two hours on any day by a handheld hose, a soaker hose, or drip irrigation system p{aced within 24-inches of the foundation that does not produce a spray of water above the ground. - Newly installed shrubs and trees (first year} may be watered up to two hours on any day by a handheld hose, drip irrigation, or a soaker hose. Tree watering is limited to an area not to exceed the drip line of the tree. - Outdoor watering at service addresses with large multi-station irrigation systems may take place in accordance with a variance granted by the Public Works Department if the department determines that a property can not be completely irrigated with an average of three-quarters of an inch of water in a single day and that the property should be divided into sections to be irrigated on different days. - Professional sports fields (playing fields within a stadium only -not surrounding landscaping} may be wa#ered as needed to maintain league standards. Cit~nd Local Governments: Continue or initiate any actions available under Stage 1. Review conditions or problems that caused Stage 2. Take corrective action. • Increase frequency of media releases on water supply conditions. • Further accelerate public education efforts on ways to reduce water use. • Eliminate non-essential water use. As used herein, non-essential water uses are those that do not have any health or safety impact and are not needed to meet the core function of the agency. • Prohibit wet stree# sweeping. • The City of Fart Worth or TRA will notify the City of North Richland Hills of actions being taken and require them to implement the same stage and measures. Such action is in accordance with Section 2.3 of the Uniform Wholesale Water Contract Per contract, wholesale customers are. required to institute and apply the same rationing, conservation measures or restrictions to the use of water by their customers for so long as any part of their total water supply is being furnished by the City of .Fort Worth. • Advise City of Watauga of actions being #aken by North Richland Hills and require enforcement of like procedures in the City of Watauga. Commeraal or Industrial: • All actions lis#ed above far all water users apply to commercial and industrial users. • Use of water from fire hydrants for any purpose other than firefighting rela#ed activities or other activities necessary to maintain public health, safety and welfare requires approval from the Public Works Department. Fire hydrant use may be limi#ed to only designated hydrants. Stage 3 - Emers~encv Water Use Triggering Conditions for Stage 3: • Water demand reaches or exceeds 9$% of reliable delivery capacity for one day. The delivery capacity could be citywide or in a specrfied portion of the system. • Contamination of the water supply source{s) or water supply system. • Demand for ail ar part of the delivery system exceeds delivery capacity because delivery capacity is inadequate. • Water supply system is unable to deliver water due to the failure or damage of major wa#er system components. • Total raw water supply within TRWD, western and eastern division reservoirs, drops below 45°~ (55% depleted) of conservation storage. • Wa#er demand far all or part of the TRW©delivery system exceeds delivery capacity because delivery capacity is inadequa#e. • Water demand is projected to approach ar exceed the limit of TRWD's permitted supply. • TRWD's supply source becomes confaminated. TRWD's water supply system is unable to deliver water due to the failure ar damage of major water system components. • The TRWD General Manager, with the concurrence of the TRWD Board of Directors, finds that conditions warrant the declaration of Stage 3 of the Plan. Terminating Conditions fqr Stake 3 Stage 3 may terminate when the Gity of Fort Worth or TRA terminates its Stage 3 conditions or when circumstances that caused the initiation of Stage 3 na longer prevail. Goals for Use Reduction for Stage_3 The goal for water use reduction under Stage 3, Emergency Water Use, is to decrease use by 20 percent. If circumstances warrant or if required by the Gity of Fort Worth or TRA, the City Manager of North Richland Hills or his/her official designee can set a goal for a greater water use reduction. to Actions Available for Stage 3; The City Manager ar his/her official designee may order the implementation of any of the actions listed below, as deemed necessary. The City Manager or his/her official designee must implement any actian(s} required by the City of Fort Worth or TRA. • Continue or initiate any actions available under Stages 1 and 2. All Water Users: Prohibit landscape watering, including at parks, and sports fields. • Prohibit establishment of new landscaping. • Vehicle washing restricted to commercial car wash, commercial service station ar a private on-site vehicle washing facility and can only be done as necessary for health, sanitation, or safety reasons, including but not limited to the washing of garbage trucks and vehicles used to transport food and other perishables. All other vehicle washing. is prohibited. Prohibit the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic life. • Prohibit the draining, frlling, or refilling of swimming pools, wading peals and Jacuzzi type pools. Existing private and public pools may add water to maintain pool levels; however #hey may net be refilled using automatic fill valves. Exceptions: - Faundatians may be watered up to two hours on any day by handheld hose; or using a soaker hose or drip irrigation system placed within 24-inches of the foundation that doss not produce a spray of water above the ground. - Trees may be watered up to two hours on any day by handheld hose, drip irriga#ion, or a soaker hose. Tree watering is limited to an area not to exceed the drip line of the tree. - Professional sports fields (playing fields with a stadium only -not surrounding landscaping) may be watered as needed to maintain league standards. City and Local Governments: • Continue or initiate any actions available under Stages 1 and 2, • Review conditions or problems that caused Stage 3. Take corrective action. • Implement viable alternative water supply strategies. • Increase frequency of media releases explaining emergency situation. • Reducs ci#y and local government water use to maximum extent passible. • Prohibit the permitting of new swimming pools, jacuzzi type pools, spas, ornamental ponds and fountain construction. Pools already permitted and under construction may be completely filled with water. 11 • Institute a mandated reduction in deliveries to all wholesale customers. Such a reduction will be distributed as required by Texas Water Code §~ 1.439. If the City of Fort Worth imposes a reduction in water available to the City of North Richland Hills, the City will then impose a reduction to the City of Watauga • The City of Fort Worth or TRA will notify the City of North Richland Hills of actions being taken and require the City to implement the same stage and measures. Such action is in accordance with Section 2.3 of the Uniform Wholesale Water Contract. Per contract, wholesale customers are required to institute and apply the same rationing, conservation measures or restrictions to the use of water by their customers far so long as any part of their total water supply is being furnished by the City of Fort Worth. • Advise the City of Watauga of actions being taken by North Richland Hills and require enforcement of like procedures in the City of Watauga. Commercial or industrial: • All actions listed above for all water users apply to commercial and industrial users, Hotels, restaurants, and bars required to serve drinking water to patrons on an "on demand" basis. • Hotels are required to implement laundry conservation measures by encouraging patrons to reuse their linens and towels. • Stock at commercial plant nursery may be watered only with ahand-held hose, hand-held watering can or drip irrigation system. • Commercia! and industrial water users required to reduce water use by a set percentage as determined by the Public Works Department. • Use of water from hydrants for any purpose o#her than firefighting related activities or other activities necessary to maintain public health, safety and welfare requires approval by the Public Works Oepartment. Fire hydrant use may be limited to only designated hydrants. 4.5 PROCEDURES FOR ENFORCING MANDATORY WATER USE MEASURES Mandatory water use restrictions may be imposed in Stages 1, 2, and 3. These mandatory water use restrictions will be enforced by warnings and penalties as follows: On the first violation, customers will be given a written warning that they have violated the mandatory water use restriction. On the second and subsequent violations, citations may be issued to customers with minimum and maximum fines established by ordinance. • After three violations have occurred, the City may cut off water service to the customer. Appendix B contains a copy of the City of North Richland Hills' ordinance adopting this Plan and the enforcement actions and penalties. 12 4.6 VARIANCE PROVISIONS The City Manager or hislher official designee may, in writing. grant temporary variance far existing water uses otherwise prohibited under the EWMP if it is determined tha# failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public ar the person requesting such variance and if one or mare of the following conditions are met: • Compliance with the Plan cannot be accomplished due to technical or other limitations. • Alternative methods that achieve the same level of reduction in water use can be implemented. Persons requesting an exemption from the provisions of this ordinance shall file a petition far variance with the City of North Richland Hills within five days alter the EWMP far a particular drought response stage that has been invoked. Ali petitions far variances shall be reviewed by the City Manager or hislher official designee and shall include the following: • Name and address of the petitioner(s). • Purpose of water use. • Specific provisions from which relief is requested. • Detailed statement of the adverse effect of the provision from which relief is requested. • Descr'~ption of the relief requested. • Period. of time for which the variance is sought. Alternative measures that will be taken to reduce water use. • Other pertinent infom7ation. Variances granted by the City shall be subject to the following conditions, unless waived ar modified by the City Manager orhis/her official designee. • Variances granted shall include a timetable far compliance. • Variances granted shall expire when the EWMP is no longer in effect. 4.7 REVIEW AND UPDATE C)F DROUGHT CONTINGENCY PLAN As required by TCEQ rules, the City of North Richland Hills will review this draught contingency plan in year 2Q10 and at least every five years thereafter. The Plan will be updated as appropriate, based on new or updated information. 13 APPEN©IX A LETTER TO WHOLESALE CUSTOMER 14 r'ublic V4'~€4ca t i.1t11Et1~5 E~Aarch 4, 2009 City of Watauga Kerry 1_acy, City Manager 7800 Virgil Anthony Blvd. Watauga, TX 76148 RE: Watauga brought CorZtingeney/Emergency Water NfanagerrEent Plan Qear i1~r. Lacy: Please find accompanying this letter, the City of North Richland Hills' Draught Contingency and Emergency Water Management Pian. As you are av+tare, the Texas Commission can Environmental L2ualitp (TCEQ) is requiring all municipalities aver 3,~OQ in population to submit these documents by llttay 1, 2009.. As the City of North Richland Hills' wholesale customer, the Gity of Watauga is required to implement a plan car~sistent uvrth that developed by the City North Richland Hills. Please .provide a copy of the City of Watauga's plan to the City by May 1, 2ElOS, the deadline date established by TCEQ. Please feel free to contact me at 817-427-6464 if you need any additional information regarding this matter. Sincerely, ,limmy Cates ~- Public Works. t~iperatior~s Manager Ertcl~sure J~l~h/pwt20{~!-Cl4+tu ~.~a. ~crx 82+Jt~E~ * Nort3~ F~icriland nl11s, Texas 7~1 ~2-Ufi~€3 'Lt1J A i~iCk Fi:shc~r Ear. S * (Ft ;; 427-64~{) t Fax ($17) Awl-6444 APPENDIX B LETTERS. TO: THE CITY OF FORT WORTH TRINITY RIVER AUTHORITY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY THE TEXAS WATER DEVELOPMENT BOARD 16 Pub!icVtif~rks? JYili~es March ~, 3t113~J City of Fort Worth Frank Crumb, P.E. 9 Ut)Q Throckmortpn Fart Worth, TX 769 112 RE: Brought Contingency/Emergency Water Management Plan Dear Mr. Crumb: Please find the encios+sd The City of North Richland Hills' Crataght Contingency and Erraergency Water Management Plan. As you are aware, this plan is requir~:d by TCE{~ to meet the minirr-um requirements provided in Texas administrative Cede Title 313, Part 1, Chapter 288, subchapter 13, Rule 288.211 and Rule 28.22, respectively. In addition, as a whole ale eustamer of the City of Part Werth, we have reviewed the City of i^ort Worth's plan and feel our plan ccrosistently reflects the goals and needs of the City of Fort Worth`s plan. Please feel free to contac# me a# 897-X27-~6~ if ynu need any additional infnrrr-atiors regarding this matter. Respectfully, Jimmy Cates Public Works t~peratior~s P~anager Enc(asuro J C!#htpv~(2iX? J-Ca46 u ~'.~. ±~ox Sd'G~G'3 North F?ich!and Hilis, Texas 761fs2•Cir`,(K3 7~c7C1 ~ ~ica<;^isher'.;r, S ~ f~31"t} 4?;.6440 * Fix x$47} d2.7-~~9~6 F'sa#aiia'dl~orks t IJFiltiFs ivI`T' ~ C.~F ~TC)I~'.".~'.~~ r.IC:'i-~L.°~I~T~~ ~-IIL,L March 4, 2009 Trinity liver Autharity Patricia Cleveland, C3pera#inns ~rlanager P.U. ~flx 240 Arlington; TX 76004-0240 1~~: Drflught CantingencydEmergency Water ManagemQnt P#an Dear Ms. Claveland_ Please fired the enclosed City cf Nflrtll Richland Hills' Draught Contingency and l=rnergency Water Managemen# Plan. As you are aware, tPiis plan is required by TCEQ to meet the minimum requirements pravided in Texas Administrative Cede Title 30, Fart 1, Chapter 2138, Subchapter B, Rule 28.20 and Ruie 288.22, respectively. In additifln, as a whal~:sale customer of the Trini#y I=Ziver Authori#y, we have reviewed the Trinity River Authority's plan and feel flur plan consistently reflects the gaals and needs of the Trinity River Acrtharify's plan. Please feet free to ceantact me at. 817-427-6464 if you deed any additional Infomiatiflil regarding this matter. Respectfully, Jirrtixty Cates Public Worl£s Operations Manager Ea~clesure JGlti~/~2Q09-04 au F'.ra. ~rax E~LCya0~ * Na~:h r~ich!rxn~i !~lilfls, T;~xas 761E;2-0608 7:'c1f~ t; ~:1ick F'fisi~r Cyr, * (c31;) aZ ~_C~'~d~7 * Fix ~K17} ~w7~644n Pvapic `J~fcrk:t I !Jii3i:i~s March ~, 200g Texas Cvn#mission on Environmental t~uali#y Kristin Wang, MC 180 P.l'~. Box 9 9087 Austin, TX 7879 9 -307 RE: drought ContingencyfErnergency Water Management Dian pear Ms. Wang: Please l~End the enclosed Ci#y north Richland Hills' i?rought Contingency and Emergency Water Management Dian. As you are aware, this plan is required by TCEQ to t~teet the minimum requirements provided in Texas Administrative Cade Title 30, Part 9 , Chapter 288, Subchapter B, Rule 288.20 and. Rule 288.22, respectively_ In addition, as a wholesale customer of both the City of Fort Worth and the Trinity River Autht~rity, we have reviewed each entities plan and feel our plan consistently reflects the goals and needs of their plans. Please feel free to con#act me at 817-427~8~64 if you need any additional irrforrnation regarding this mattar. Respectfully, .limmy Cates _ ~. Public Works ~3perations Manager acnhf~wEZO~-o~u 4'.~. txix fi2t~iC39 * Nt~rth E<ichiar;d HiEls, Texas'io182-O~iCByp~ %:20u ~ ~lIC:EC E-15!'F6Y (~I'.:~ '~ €i)'!~~ $~!~-~$~! 'k (=~X f$'E t~ $2'".7°hW~O ?~,~t~liC ihrOrks (Utiii?iEs March 4, 20Q9 Texas Water Development f3aard Ethan Ham P.Ca. Sbx 13231 Au5tln, TX 78711 RE: draught Cantingency/Emergency Viiater itlianagement Plan Dear Mr. Flare: Please tend enctased the City of Nar#h Rich{and Hills' Water Drought Contingency and Emergency Water Plan. As you are aware, this plan i;s required by TCEC,t to meet the minimum requirements provided in Texas Administrative Cade Title 3C}, Part 1, Chapter 288, Subchapter B, Rufe 288.20 and Rote 288.22, respectively. Please feet free to contact rme at 817-X427-£~4~4 if you require any additianaf informatiar~ regarding this matter. Respecttulfy, Jirrrmy Cates Pubfic Warts C?peratians Manager Enclosure JC/Fhtpwi2009-957u F .C~?. r~ax rs2©&U9 x PJarth Rict7'«n:i F~iAis, TRXBS 76182-C)FOG t2aG C7ict: Fis"~Er fir. S w (81 J) X27-G-tA~ * Fax i8~t7) ~i2; -64~~+ APPENDIX C CITY QRDlNANCE 21 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 78-61(a) AND ADDING A NEW SECTION 78-63 OF THE NORTH RiCIILANll III[aLS COllE OF ORDINANCES T'O REVISE TINE WATER RATIONING SCHEDULE TO REFLECT NEW WATER RATIONING PLANS AND ADOPTING A NEW DROUGHT CON'CINGENCY AND EMERCTENCY WATER MANAGEMENT PLAN; PROVIDING A SEVERAI3ILITY CLAUSE; PROVIll1NG A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION; AND PROVI.1)ING AN EFFEC;'I'I.VE I)A'I"E. WHEREAS, the City Council finds that conservation of water and protectian of water supplies is in the best interest af'the citizens of the city; and, WHEREAS, water supply lakes rely on rainfall for replenishment and rainfall can vary significantly from year to year; and, WHEREAS, the occurrence of droughts cannot be predicted as to when one will begin. ar end and emergency situations can occur at any time as a result of incidents such as pipeline failures, power outages and pump failures; and, WHEREAS, the regulations ofd ttic 'Texas Commission on 1Jr-vironmental duality (the "Commission") require that the City revise its current 1'3rought f.:ontingency and .Emergency Water Management flan; NOW T]fIERFI±OItI±:: BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Sectian l . 'Chat Section 7>3-1(a) o€ the Noah Richland 1;lills Code of Ordinances be amended to read as follows: "Sec. 78-61. Rationing during water shortage. {a) tlutFiority to decltare wut~r shortage. The city managt~r shall have the authority upon recommendation. of the city engineer and director of utilities to declare -that a shoriate of water exists at any time turd may at his discretion invoke either o.f'the .f'ollow~ng water rationing plans. (1) All occupants of houses with odd-numbered street addresses ending in an even number((]; 2, 4, 6, or 8) may water on. Wednesdays and Sahirdays. All occupants with street addresses ending in an odd number may water on Thursdays anal. Sundays. A.l.l non-residential. locatiaus {apartment complexes, businesses, industries, parks, medians, etc.) may water an Tuesdays and l~ridays. Such restriction shall last for a time not to exceed the duration of the shortage as determined by the city manager. (2) Prohibit all outside watering within the; city for specified periods of tirne. {3) Any other requirement of the city wholesale water supplier." Section ?. That Division 2 of Chapter 78 of the I~otth Richland Hills Code of Ordinances be amended by adding a new Section 78-63 which shall read as follows: "Sec. 7R-G3. Drought contingency and emergency water management plan. (a} Plan adopted. The City Council hereby approves and adopts the Drought Contingency and Emergency Management Plalt {the "flan"} attached hereto as Addendum. A, as if recited verbatim herein. The City ca~nmits to implement the requirements and procedures set forth iii the adopted Plan. (b} Procedure, rules crud regulatrvrrs. The City Manager or his/her designee shall have the authority to enact and prarnulgate rules and regulations of the Plan as necessary to protect the health acid safety of the genera! public. (c) Penalty for violation. Any customer, as defined by Rule 288.20, °Fcxas Administrative Code, failing to comply with. the provisions of the Plan. shall be deemed guilty of a misdemeanor and. fined in an. amount not exceeding two thousand dollars ($2,000.00) andlor discontinuation of water service by the City. Each day a violation occurs shall be a separate violation punishable hereunder.. Th.e City shall. also have authority to seek injunctive or other relief under the law for actual ar threatened violations. (d) Yariaraces. The City Manager or his/her designee shall have the authority to grant temporary variances far water uses otherwise prohibited under the Plan if it is deternvned that the failure to grant such variance would cause ~i emergency condition adversely affecting the health, salutation ar fire pratect.ion for the public or the person requesting the variance." Section 3. It is hereby declared to be the intention of the Gity Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared uncans-titutianal by the valid judgment or decree of any court of competent jurisdiction, such uneonstit~utionatity shall not affect any of the remaining sections, paragraphs, sentences, clauses, anal phrases of this CJrdinance, since the same would have been enacted by the City Council without the inwrporatian in this Ordinance of any such unconstitutional section., paragraph, sentence, clause or phrase. Section 4. The City Secretary is .hereby directed to publish this ordinance or its caption and penalty in the official City newspaper as required by law. Section S. This Qrdinance shall be in full force and effect from and after its passage and publication. as required by law, anal .it is so ordered. PASSED .AND A.PPRC)VED ON THIS 23rd DAY OP March, 2009. OSCAR TRF.,VINO, MAYOR. A I°I'ES'I`: PA'I`RIC1.A HU'I'SON, CITY SECRETARY APPROVED AS TO FORM: GEORGE STAPLES, ATTORNEY APPROVED AS TO CONTBNI`: MIK}~ CLR"I IS, PUBLIC WORKS I:?[REC7'OR APPENDIX D EMERGENCY WATER MANAGEMENT PLAN IMPLEMENTATION 25 APPENDIX D Emergency Water Management Plan Implementation Authori It is the intent of this Plan to outline when and how to implement a water rationing plan. A. Ordinance No. XXXX establishes the authority for the City Manager or hisJher official designee to execute the elements of the Emergency Water Management Plan, which includes "Water Rationing." B. The City Manager as the Water Ratlonirfg Coardlnator will implement the water rationing measures necessary to protect the health and safety of the citizens and achieve the elemen#s of the Emergency Water Management Plan. II. INITIATION OF RATIONING Any of the following entities can force implementation of a water rationing plan on the North Richland Hills customers: A. Tarrant Regional Water District (TRWI~1 The Tarrant Regional Water District is the wholesale raw water supplier for the City of Fort Worth (FW) and the Trinity River Authority (TRA}. The raw water pump stations and pipelines may develop problems which could limit raw water supply to FW or TRA. 1f the TRWD imposes a rationing plan on its wholesale cus#omers, it is the intent of the City to impose an equal or more restrictive plan. B. City of Fort Worth By wholesale contract, the 'City of North Richland Hills is required to follow whatever rationing plan the City of Fort Worth imposes on itself. C. Trinity River Authority: By wholesale contract with the City of Fort Worth, TRA and its wholesale customer's are required to at a minimum follow whatever rationing plan the City of Fort Worth imposes on itself. Also, TRA's delivery system could have problems, which would limit their ability to deliver treated water. If TRA requests a rationing plan be implemented by all its wholesale customers, it is the intent of the City to impose the requested rationing plan or one more restrictive. D. City of North Richland Hills; if the water distribution system for the City develops problems which limit the ability far it to safely provide adequate treated water to its customers, the City Manager may initiate an appropriate water rationing plan. In the absence of the 26 City Manager, the designated acting Ci#y Manager will also be the acting Water Rationing Coordinator. The following list shows the normal succession of the Water Rationing Coordinator's position in case of absences. t. City Manager or Acting City Manager 2. Managing Director of Development Services 3. Public Works Operations Manager 4. Public Works Utility Superintendent Ili. DETERMINATION OF RATIONING METHOD TO BE IMPLEMENTED A. Initial Water Rationing {WR) Team Meeting: Once a water rationing notification from TRWD, Fort Worth, or TRA is received by the Mayor or any member of the City staff, a copy of the notification will be given directly to the City Manager ar the acting Water Rationing Coordinator. The Water Rationing Goardinator (WRCy wilt as soon as possible ca11 a Water Rationing (WR) Team Meeting. ~ . Meeting Piave -Administrative Can€erence Room on second floor of City Hall unless designated otherwise in meeting notification. 2. WR Team Members to be notified: - City Manager - Managing Director of Development Services - Neighborhood Service Director - Public Works Operations Manager - Public Works Utility Superintendent - Utility Service Manager - Public Information Officer - Assistant to City Manager IV. NOTIFICATION OF tNiTlATION OF RATIONING A. Ci Staff Notifying Gity employees is the Public Works Department's responsibility. In the absence of a responsible Public Works representative, the Public Information Officer will provide notification to the employees. 1. Computer Network System: Al( City employees, along with the Mayor and Council, connected to the City's computer network will be notified via electronic mail (e-mail) of the water ratinning plan to be implemented. The notification should explain 27 clearly what has caused the rationing, what is the plan to be implemented, when will it start, how long will it be in effect (i.e., until furtfier native}, what is the employee's responsibility, and where to call with a complaint ar question. 2. Facsimile (Fax} Machine: All City employees located in buildings without access to the computer network e-mail system will be notified by fax transmission. The message content can be identical to the a-mail message. B. Customers 1. News Release: The Public Information Officer with assistance from the Public Works Department will draft the news release. The release will contain the same basic information as the employee's message except there should be some explanation of what the City will be doing with respect to water use by municipal facilities (i.e. parks, golf course, and NRH2O} and fining violators. The news release will be distributed to local newspapers, radio and N stations by the Public Information Officer. Z. Cirticable N Release: Public Works will notify the Public Information Officer of the water rationing plan to be implemented. The Public Information Officer and the Citicable TV Coordinator will script an °A{ert Message" to put on the TV screen via ticker tape method during regular programming and as a full screen message in absence of programming. 3. Outdoor Signs: Outdoor signs will be utilized to notify the City's customers and will be in accordance with the following requirements. • Size: 18" x 24" rectangle Material: corrugated. plastic wifih black metal pasts Color. yellow with black lettering • Content: depends an rationing methods Placement: - The Operations Manager will have the Utility Superintendent distribute and place the signs as well as remove them. - Maps showing proposed locations for signs will determine placement. 28 4. Birdvilfe independent Schaal District (BISD) and Tarrant County College (TCC) Marquees: The Public Information Officer will coordinate with BISD and TCC as to any broadcast of the water rationing plan an their marquees. This coordination will be subsequent to the news release. 5. Voice Message Machine: The Utili#y Service Manager will be responsible far recording a message an the Utility Service Department telephone line 817-427-6200 for activation after working hours. The message will state the water rationing plan the City is currently under and wiN ask the caller #a leave a message if they want a call back after 8:00 a.m. the nex# business day. If they have a violation to report, they will be told to call Police Dispatch at 817-427- 7191. All messages left will be handled by the Utility Service Manager's staff. 6. Leaflets: • Use of leafle#s will be determined at initial WR Team Meeting. Public Works will coordinate with the Finance Department to have an appropriate amount of leaflets printed under an emergency purchase far mandatary rationing plans only. The leaflets will be utilized by employees to hand out to customers who come into municipal offices or who are found to be violating the rationing plan at their homes due to having no knowledge of its existence. The leaflets will be disbursed to other City departments by Public Works staff. The leaflet color will be different for each rationing plan. Mandatary Na Outdoor Watering Plan -White background with red lettering. Mandatory Six Day Cycle Outdoor Watering Plan -- Yellow background with black lettering. C. City Of Watauga North Richland Hills' Public Works Department will be responsible for formally contacting the City of Watauga. This wilt be done toy electronic mail or fax. The email ar a fax will be directed to the Gity Manager, Public Works Director, and Police Dispatch. It will contain all the same informa#ian as the North Richland Hills Ci#y employee's not cation. The receipt of the email or fax by Watauga's Police Dispatch will be confirmed by phone call. North Richland Hilts wits confirm with Watauga`s City Manager their intent to implement the same water rationing plan as North Richland Hilts. Their name wilt then be added to our notifications and they will be asked to make and distribute the same type of signs in their City at their expense. 28 V. NO"CIFICATIUN q~' E1~ID 4i` RATIONING The notifiication #o all employees, customers, and the City of Watauga concerning the end ofi the water rationing plan will be in the same manner as not cation of the Plan being put into effect. The exception to this wilt be the water rationing signs will be removed to indicate the end of the ra#ioning plan. 30 APPEN©IX E KEY CITY OFFICIALS CONTACT NUMBERS 31 APPENDIX E Key city o~icials' Contact Numbers GITY OF NORTH RICHLAND HILLS __~_ ._ ~-,.-.--,.,z_ NAME/T{TLE ~ CUNTA~T NUMBER _ _ Larry Cunningham, City Manager 817-427-6007 Mike Curtis, Managing Director of Development Services 817-427-6401 Jimmy Cates, Public Wari<s Operations Manager 817-427-6464 Alan Knapp, Public Works Utility Superintendent 817-427-6452 Mary Peters, Public information Officer 817-427-6005 CITY 01= WATAUGA -.---~ .~ :fiIAM~IT'iTLE C0~1~'ACT;N1lfVIBER' Kerry Lacy, City Manager Johnnie Reagan, Director of Public Works James Medders, Public Works Utility Superintendent 817-514-s8oo 87 7-514-5837 817-514-5851 32 APPENDIX F WATER SAVING METHODS 33 APPENDIX F Water Saving Methods that can be practiced by the individual water user In-home water use accounts for an average of 65 percent of total residential use, while the remaining 35 percent is used for exterior residential purposes such as lawn watering and car washing. Average residential in-home water use data indicates that about 4Q percent is used for toilet flushing, 35 percent for bathing, 11 percent far kitchen uses, and 14 percent for clothes washing. Water saving methods that can be practiced by the individual water user are listed below.. A. Bathroom Take a shower instead of filling the tub and taking a bath. Showers usually use less water than tub baths. • (nstall a low-flow shower head which restricts the quantity of flow at 60 psi to na more than 3A gallons per minute. Take short showers and install a cutoff valve or turn the water off while soaping and back on again only to rinse. Do not use hot water when cold will da. Water and enercty can be saved by washing hands wi#h soap and water. Hot water should only be added when hands are especially dirty. • Reduce the level of the water being used in a bathtub by one ar two inches if a shower is not available. • Tum water off when brushing teeth until it is time to rinse. • Da not let the water run when washing, hands. Instead, hands should be wet, and water should be turned off while soaping and scrubbing and tamed on again to rinse. A cut aff valve may also be installed on the faucet. • Shampoo hair in the shower. Shampooing in the shower takes only a little more than is used to shampoo hair during a bath and much less than shampooing and bathing separately. • Hold hot water in the basin when shaving instead of letting the faucet continue to run. • Test toilets fior leaks. To test for a leak, a few drops of food ca[oring can be added to the water in the to[le# tank. The toilet should not be flushed. The customer can then watch to see if the colaring appears in the toilet bawl within a few minutes. I# coloring does appear, the fixture needs adjustment or repair. • Use a toilet tank displacement device. Aane-gallon plastic milk bottle can be filled with staves ar wi#h water, recapped, and placed in the toilet tank. This will reduce the amount of water in the tank but still provide enough for flushing. Bricks, which some people use for this purpose are vat recommended since they crumble eventually and could damage the working mechanism, necessitating a 34 • call to the plumber. Displacement devices should never be used with new low- volumeflush toilets. Install faucet aerators to reduce water consumption. • Never use the toilet to dispose of cleansing tissues, cigarette butts, or other trash. This can waste a great deal of water and also places an unnecessary load on the sewage treatment plant or septic tank. • install a new low-volume flush toilet that uses 3.5 gallons ar less per flush when building a new home or remodeling a bathroom. B. Kitchen • Use a pan of water for rinsing when washing dishes by hand rather than running the faucet. • Never run the dishwasher without a full load. • Use the sink disposal sparingly, and never use it for just a few scraps. • Keep a container of drinking water in the refrigerator. Running water from the tap until it is cool is wasteful. Better still; both water and energy can be saved by keeping cold water in a picnic jug on a kitchen counter to avoid opening the refrigerator door frequently. • Use a small pan of cold wa#er when cleaning vegetables ra#her than letting the faucet run. • Use only a little water in the pot and put a lid on it far cooking most food. Not only does this method save water, but food is mare nutritious since vitamins and minerals are not poured down the drain with the extra cooking water. • Always keep water conservation in mind and think of other ways to save in the kitchen. G. Laund Wash only a full load when using an automatic washing machine (32 to 59 gallons are required per {aad). • Use the lowest water leval setting on the washing machine for light loads whenever possible. • Use cold water as often as possible to save energy and to conserve the hot water for uses which cold water cannot serve (This is also better for clothing made of today's synthetic fabrics). D. Appliances/V1later Fixtures • Check water requirements of various models and brands when considering purchasing any new appliance that uses water. Same use less water than others. 35 + Check alt water line connections and faucets for leaks. If the cos# of water is $1.00 per 1,000 gallons, one could be paying a Large bill for water that simply goes down the drain because of Leakage. A slaw drip can waste as much as 70 gallons of water EACH DAY or 2,100 gallons per month, and can add as much as $5A0 per month to the water bill. • learn to replace faucet washers so that drips can be corrected promptly. Lt is easy to do, cast is very little, and can represent a substantial amount saved in plumbing and water bills. Check for water leakage that the customer may be entirety unaware of, such as a leak between the water meter and the house. To check, ati indoor and outdoor faucets should be turned off and the water meter should be checked. If it continues to run or turn, a leak probably exists and needs to be Located, • ~e sure the hat water heater thermostat is not set too high. Extremely hot settings waste water and energy because the water often has to be cooled with cold water before it can be used. Use a moisture meter to determine when house plants need water. More plants die from over watering than from being on the dry side. E. Outdoor Use + Water lawns early in the morning during the hotter summer months. Much of the water used on the lawn can simply evaporate between the sprinkler and the grass. • Use a sprinkler that produces large drops of water rather than a fine mist to avoid evaporation. • Tum soaker hoses so the holes are an the bottom to avoid evaporation. Water slowly for better absorption and never water in high winds. • Forget about watering the streets or walks or driveways. They will never grow. Condition the soil with compost before planting grass for flower beds so that the water wilt soak in rather than run off. Fertilize lawns at least twice a year for root stimulation. Grass with a good root system makes better use of Less water. + learn to know when grass needs watering.. if it has turned a daft grey-green or it foot prints remain visible, it is time to water. + Do not water too frequently. Too much water can overload the soil so that air cannot get to the roots and can encourage plant diseases. + Do not over-water. Soil can absorb only so much moisture and the rest simply runs off. A timer will help, and either a kitchen timer or an alarm clock will da. An inch of water applied once a week will keep most Texas grasses alive and healthy. 36 Operate automatic sprinkler systems only when the demand on the City's water supply is lowest. Set the system to operate between four and six a.m. • Do not scalp lawns when mowing during hot weather. Taller grass holds male#ure better. Rather, grass should be cut fairly often, so that only '/2 to ~/. inches is #rimmed off. A better looking lawn will result. • Use a watering can ar hand water with the hose in small areas of the lawn #hat need more frequent watering (those near walks or driveways or in especially hot, sunny spots). • Learn what types of grass, shrubbery, and plants do best in the area and in which parts of the lawn, and then plant accordingly. if one has a heavily shaded yard, na amount of water will make roses bloom. In especially dry sections of the state, attractive arrangements of plants that are adapted to aril or semi-arid climates should be chosen. • Consider decorating areas of the lawn with rocks, gravel, wood chips or other materials now available that require no water at all. Do not "sweep" walks and driveways with a hose. Use a broom or rake instead. • Use a bucket of soapy water and use the hose only for rinsing when washing a car. 37 APPENDIX G MATRtX 4F ACTiQNS BY CUSTOMER TYPE AND STAGE 38 APPENDIX G Matrix of Actions by Customer Type and Stage Ail Matrix of Actions apply #o the use o#:potable water #or the City of North Richland Hills. These actions also apply to the potable water supplied to wholesale customers by the City of North Richland Hills. Restrictions do no# apply to locations which own their water rlgh#s or are using treated wastewa#er effluent ar well water #ar irrigation. Use Reduction doai: bg/° ,~ 10% ...._ ~ _ 20°!a water user water lies °f ~~Qn Sta e 2 -Water Warning Stage 1 -Water Watch 9 _. Cate4ory --.-- Hosing 1 ProhitHted: hosing of paved areas, such + Sarne as Stage 1. washing as sidewalks, driveways, parking tots, tennis courts, patios, or other impervious surfaces, except to alleviate an immediate health or safely hazard. Pr :hosing of buildings or other structures fior purposes other than fire pro#ection or surface preparation prior to painting. ~.. ^Runotf/ _ P hi it :using water in such a manner Same as Stage 1. ~ waste/ as fa allow runoff or other waste, ~ Leaks including: t) failure to repair a controtlable teak, including a broken sprlnkter head, a r4 ~ ' leaking valve; leaking or broken pipes, or y a leaking faucet; 2) operating a permanently installed irr[gation system with: (a) broken head; {b} a head that is out of adjustment and the arc of the spray head is over a street or parking lot; or (c) a head that is .misting because of high water pressure: or Stage 3 -Water Emergency Same as Stage 1. Same as Stage 1. 3) during irrigation, allowing water to (a} to run off a property and form a stream of water in a street for a distance of 50 feet or greaser; or (b) to pond in a street or par{cirtg lot to a depth greater than one- quarter of an inch. -- " ---""° ~9 Matrix of Actions b~f Cus#omer Type and Stake ___..._... - _--- U R duction Gaat• 5 /0 10% __ ~~°~ _ see Water Water Use or Action ~ _._.... - - Stage '! -Water Watch _. Stage 2 -Water Warning Stage 3 -Water Emergency User Categor~r - - .__ ...... ....T_ Outdoor ~ to hvice .gpS tiN~ek: landscape . ~ig~gt ht'ro ibi ed: outdoor watering with • hi t : all outdoor watering. Watering , watering with sprinklers or irrigatinn sprinklers or irrgatron systems ~ Dust control not allowed on skinned systems at each service address is Th' between 10 am and 6 pm. areas of sports fields. ,.... '~ C C O U ... L y 3 +t71: hmrted to twrce per week schedule. ~s includes landscape watering of parks, and sports fields. • Residential addresses ending in an even number (0, 2, 4, 6, or $) may water on Wednesdays and Saturdays. • Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may water on Thursday and Sundays. . Atl non-residential fncations (apartment complexes, businesses, industries, parks,. medians, etc.} may water on Tuesdays and Fridays. ,,,•,,,_,. Exceptions Foundations: foundations may be to Outdoor watered up to two hours on any day by Watering handheld hose; ar using soaker hose or Restrictions drip system placed within 24 inches of the foundaflon that does not produce a spray of water above the ground. RPStrtct~ to once every seven days: outdoor watering with sprinklers or irrigation systems at each service address is limited to a once per week schedule as determined by Public Works. Ousl control not allowed on skinned areas of spnrts fields, • Fnuruiations selectg~kandsc og ina Aral t&, tar~iQ m~3lti-SfatlOn irflK]atlQ{l, and turf establish. mQnt_[ttl.~: Same Same as Stage 1, as Stage 1. Professional sports fields (playing fields with a stadium only -not ~wtwrlad Landscapinit Plants: newly surrounding landscaping) may be installed shrubs (first year} and trees {two watered as needed to maintain years} may be watered up to two hours league standards. on any day by handheld hose, drip irrigation, a soaker hose or tree bubbler. Tree watering is limited to an area not to exreed the drip line of a tree. ,~_ .„__, _~_ 40 Matrix of Actions by Customer Type and Stage ~~ __.. .-_....._ _ ~- --..._. T use Reduction Gaal: 5% ~, _. 1 p% ~ 20 /o ._.. - water Water Use or Action Ste e 2 -Water War'nin Stage 3 -Water Emergency Stage 1 -Water Watch 9 g User Cateyor . ` ~ _-^•~ •-~ _._„ ._.._... _.._ Exceptions N u Establishing new turf is Same as Stage 1. to Outdoor discouraged. If hydromuich, grass sat, or Watering grass seed is inatalied for the purpose of Restrictions establishing a new lawn, there are naw {Continued} watering restrictions for the first 30 days ,.,, while it is being established. ARer that, ~ the watering restrictions set forth in this ~ stage apply. (this does not include over seeding with rye since turf already exists.} ~ l„~rge Multi-Station Irrigafwn: outdoor q watering may take place in accordance "'~ with a variance granted by the Public Works Department. if the Public Works my Department determines that a property ~ cannot be completely watered with an ti- average of three-quarters of an Inch of water in a single day, then the property should be divided into sections to be watered on different days. '~ Skinned areas of sports fields may be watered as needed for dust control. Professional sports fields (playing fields with a stadium only-not surrounding landscaping) may be watered as needed to maintain league standards. ---•----~ ---~••- -°••-- 41 Matrix of Actions by customer~-pe_and Stage _............_~ _...._.........___.___ use Reduction Goal: 5°l0 ~ 0~0 20% Water Water Use or Action Stage 1 -Water Watch Stage 2 -Water Warning User ..... Cat„_,e_gQrY___ __~__ landscaping . All users are encouraged to use native Atl users are encouraged to wait until and drought tolerant plants in landscaping the current drought or emergency situation has passed before installing and estabtiskting new landscape plants and turf. _._~_~..-_ hi l V Washing of any motor vehicle, motorbike, • Same as Stage 1. c e e Washing bast, trailer, recreational vehicle, airplane, or other vehicle shall be limited to the use of a hand-held bucket or a hand-held hose equipped with a positive-pressure ^.,, shutoff nozzle for quick rinses. Vehicle washing may be done at any time ~ an the premises of a commercial car :p wash or commercial service station. ~ Companies with an automated on-site v vehicle washing facility may wash its vehicles at anytime. ~ Washing may be exempt from these ~ requirements if the hearth, safety, and 4 welfare of the public are contingent upon ,~} frequent vehicle cleansing, such as ~ garbage trucks and vehicles used to transport food and perishables, _ - _ _ Swimming Q All users are encouraged to reduce the pools frequency of draining and refilling swimming pools. P i ;Swimming pools may not tae fi0ed with automatic-fill valves. Stage 3 -Water Emergency r ibi : installing and establishing new landscape plants and turf. Vehicle washing restricted to commercial car wasfi, commercial service station or a private on-site vehicle washing iadtity and can only be done as necessary for health, sanitation, or safety reasons, including but not limited to the washing of garbage trucks and vehicles used to transport #ood and other perishables. A!I other vehicle washing is prohibited. Pr hi " e tfie draining, filkng, of refNitng of swimming pools, wading pools and Jacuzzi type pools. Existing private and public pools may add water to maintain pool levels. Swimming pools may not be refilled with automatic fill valves. ----- _ _ Dust Control No restriction • Prohibit : use of water for dust Same as Stage2. control, except as required to protect public health. 42 MatrRx of Actions b~y Customer Type and_Sta~e -~--._ ............._... 0 20% llwn ReducEion Goal: ~JO/a 10 /o „~._.._...._~ Water Water Use or Actton Stage 1 -Water Watch Stage 2 -Water Warning User Category _..._....._. ._......... Ornamental No restriction • r Iblte the operation of ornamental fountains or ponds that Fountains/ Ponds use potable water, except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation _ _ systerr?~....__... ---._.~._ Ai! actions Itsted for Aii Users apply to City and Local Governments. Administrative Review conditions and problems that caused Stage 7 and take corrective action. r Notify wholesale customers of actions ~ being taken and request them to ~ implement similar procedures. 0 t9 as O J Z7 G crs .~_' V Review conditions and problems that • caused Stage 2 and. take corrective adion. Notify wholesale customers of ': • actions being taken and request them to implement similar • procedures. Stage 3 -Water Emergency Prohibit the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic fife. Review conditions and problems that caused Stage 3 and take corrective action. implement viable alternative water supply strategies. Reduce city and local government water use to maximum extent possible, Notify wholesale customers of actions being taken and request them to implement similar procedures. Institute a mandated reduction in deliveries io all wholesale customers. Such a reduction will be distributed as required by Texas Water Cods §11.039. If Tf2WD has imposed a reduction in water availeb-e to customers, impose the same percent reduction on wholesale customers. 43 Matrix of Actions b /Customer Type artd Stake . - - _.... _....... Use Reduction Goal:, 5% 10% 20°~0 Water Water Use or A~ Stage t -Water Watch Stage 2 -Water Warning Stage 3 -Water mergency 1°n User _ Categary Public • .___-- Increase public education efforts on ways ----•_ • lncrease frequency of media increase #requency of m ~ nc Education to reduce water use. releases on water supply conditions. y releases explaining emerge •;t„~~~„ • Further accelerate pukaiic eduoation , efforts on ways to reduce water use. i • -, Further accelerate public Educafion efforts on ways to reduce water uses .a 3 Enforcement _.._..........__._ _.._....._~ lncrease enforcement efforts. _• ~ Same as Stage 1. _ _____..__._ ~_• _ Same as Sfa~e,1~ C +' ~ ..............._... Runoff / . Intensity leak detection and repair efforts. . Same as Stage 1, • Sama as Stage 1. Waste! Leaks ~ Audit alt Clty and local government ... irrigation systems to ensure proper ~ conditions, settings, and operations. ~„_-..}. ~ High Votuma Identify and encourage voluntary Same as Stage 1. i • Same as Stage 1. Users reduction measures by high-volume dit s. water users through water use au ~ (rQj Wet Street No restriction • Prohi ited: wet street sweeping. Same as Stage 7. -- Swee in ~..~ ~ . v tit Reduce non-essential water use. Eliminate non-essential water use, Same as Stage 2. p Non-essen a • J water use "~D (those uses ~ that do not ~ have any health or V safety impact, and are not needed to meet the core function of the agency. ..- ___ _.......____.. Atl actions listed for Alf Users apply to Commercial and tndustrtal users. _„_...v. -- _ Commercial ~; • Stock at a commercial plant nursery is Same as Stage 1. Stock at a commercial plant nursery Plant Nursery '. exempt from Stage 1 watering may be watered only with ahand- Stock i restrictions. held hose, hand-held waterfng can, or drip irri ation system. ~~ Matrix of Actions by Customer Type artd Stake Use Redueiinn Goal 5°!0 . __ __ t Q% ~~__ 20% water Water Use or Ussr Action Stage 1 -Water Watch Stage 2 -Water Warning Stage 3 -Water Emergency _ Category ._._ ._..._. w__ ._...,- __~._ Hotels, Hotels, restaurants, and bars are Same as Stage 1. • Same as Stage t. Restaurants, encouraged to aeroe drinking water to ~ and liars patrons on an "on demand" basis. ~_ W 't7 c '~ c ca it3 .~ m a V Hotels are encouraged to implement laundry conservation measures by encouraging patrons to reuse linens and towels. Commercial 'and Industrial Users • Commercial and industrial users may be required to reduce water use by a set percentage. Cantract Use of water from hydrants fur any • Same as Siege 2. (Hydrant) purpose other than flreflghting Maters related activities or other activities necessary to mairrtain public health, safety and weffare requires approval from the Public Works Department. Fire hydrant use may be limited to only designated hydrants (excluding firefighting). __..._. 45 CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Jimmy Cates Council Meeting Date: 4-13-2009 Agenda No. E.2 Subject: PW 2009-010 Approve Amending Section 78-62 of the North Richland Hills Code of Ordinances Revising the Water Conservation Plan -Ordinance No. 3047 The City of North Richland Hills last updated its Water Conservation Plan in 2006. At that time the plan complied with all TCEQ requirements. Recently, the TCEQ updated their water conservation requirements and now the City must revise its existing plan in order to meet the new requirements. The main goal of a Water Conservation Plan is to reduce the quantity of water required for "every water using" activity, as can reasonably be done. The TCEQ has identified the following objectives that every plan must follow: Objectives for a Water Conservation Plan Promote water conservation Reduce water consumption from levels that would prevail without conservation efforts r Reduce the loss and waste of water Determine and control unaccounted water usage Maintain accurate records of water usage Improve efficiency in water usage - Extend the life of current water supplies by reducing the rate of growth in demand Educate the citizens of the City about the need for water conservation and the benefits of conserving our most valued natural resource These objectives are very similar to the objectives established by the TCEQ for the 2006 Water Conservation Plan. The main difference is the requirements for an updated Utility Profile Form, updated ordinances, and updated targets and goals for the next 5- 10 years. The format of the plan continues to follow the format recommended by the TCEQ and used in the 2006 Water Conservation Plan. In addition to the objectives, the TCEQ also specifies the information that is required to be included in the Water Conservation Plan. Since the attached updated plan includes approximately sixty pages of information an outline of the attached updated plan is summarized below. I. Introduction and the TCEQ requirements: This is covered on the first two pages and basically lists the minimum and the additional requirements that Staff is including in the updated plan. The TAC references indicate the Texas Administrative Code section and paragraph that defines the specific requirements. II. Utility Profile The Utility Profile provides the detailed information about the city's water system (existing and future population, size of the system, number and types of customers, etc.). The Utility Profile is provided in Appendix B). The purpose of a Utility Profile is to assist with the development of the water conservation plan and to ensure that important information and data is considered when preparing a water conservation plan and its targets and goals. The profile also helps the City to assess the effectiveness of the water conservation plan. III. Targets/Goals for 5-10 Years: Currently the City's five year average per capital water use is 186 gallons per capita per day. Due to elements in this plan, we anticipate a 1 % reduction per year or 176 gallons per capita per day decrease by the year 2014. By year 2019, we expect a reduction of gallons per capita per day use of 166 gallons. In addition we are setting a goal to keep the level of unaccounted water in the system below 10% annually. All of the goals are identified on page 3 of the attached plan. IV. Metering, Water Use and Methods to Determine and Control Water Loss: This section begins on page 4 and covers various areas in conserving water. Below is a list of areas addressed in a bullet format. a. Continue to evaluate water rate structures to determine methods that help promote water conservation. b. Continue to identify measures or methods that help staff to determine and control unaccounted water loss. c. Utilize proven methods that help conserve water through systems operations. d. Require lawn irrigation systems to have rain and freeze sensors. e. Attend regional water planning committees that develop water conservation methods. f. Utilize the City's asset and record management systems to help operate the water system more efficiently. g. Prohibit outdoor watering with sprinklers or irrigation systems between 10:00 a.m. and 6:00 p.m. h. Decrease water waste in lawn irrigation. i. Keep the City updated on new plumbing and landscaping codes. j. Replace all or a portion of the City's water meters on an annual basis that are older than 10 years of age. k. Continue to monitor the City's water system for leaks and repair them as soon as possible. V. Public Education: Raise public awareness of water conservation and encourage responsible public behavior in the use of water. This will be accomplished by using utility billing inserts, informational pamphlets, City's website, and educational programs such as the WaterWise Conservation Program. This is explained in more detail beginning on page 6 in the plan. VI. Other Water Conservation Measures: In this section staff has included other water conservation measures that the city currently uses. VII. Appendices: a. Appendix A: TCEQ Requirements and Rules b. Appendix B: City of North Richland Hills Utility Profile c. Appendix C: City of Watauga Utility Profile d. Appendix D: Sample coordination letters to regional water suppliers e. Appendix E: Proposed Ordinance Adopting the NRH Water Conservation Plan f. Appendix F: Copy of Existing Landscape Watering and Amendment to Outside Watering Ordinances The Water Conservation Plan is being treated as a separate item from the Drought Contingency and Emergency Water Management Plan and will consist of its own ordinance. Staff believes that separating the two plans will make it less complicated in the future to make revisions to each of the plans. Attached is the recommended 2009 Water Conservation Plan. Recommendation: Approve Ordinance 3047 Amending Section 78-62 of the North Richland Hills Code of Ordinances for revising the Water Conservation Plan ORDINANCE NO. 3047 AN ORDINANCE AMENDING SECTION 78-62 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; REVISING THE WATER CONSERVATION PLAN; ESTABLISHING THE AUTHORITY FOR THE CITY MANAGER TO EXECUTE THE ELEMENTS OF THE PLAN; AUTHORIZING THE FILING OF THE PLAN WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; ESTABLISHING PENALTIES, PROVIDING FOR PUBLICATION, FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas (the "City") recognizes that the amount of water available to its water customers is limited; and, WHEREAS, The City recognizes that due to natural limitations, drought conditions, system failures and other acts of God which may occur, the city cannot guarantee an uninterrupted water supply for all purposes at all times; and, WHEREAS, the regulations of the Texas Commission on Environmental Quality (the "Commission") require that the City revise its currently adopted Water Conservation Plan; and, WHEREAS, the City has determined an urgent need in the best interest of the public to revise the current Water Conservation Plan; and, WHEREAS, pursuant to Chapter 54 of the Texas Local Government Code, the City is authorized to adopt such ordinances necessary to preserve and conserve its water resources; and, WHEREAS, the City Council of the City of North Richland Hills desires to revise the current Water Conservation Plan as official city policy for the conservation of water; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That Sec. 78-62 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 78-62. Water Conservation Plan adopted. (a) Plan adopted. The City of North Richland Hills, Texas hereby adopts the Water Conservation Plan attached hereto as Attachment A. The city commits to implement the requirements and procedures set forth in the adopted Plan. (b) Procedure, rules and regulations. The City Manager or his designee shall have the authority to enact and promulgate rules and regulations of the Plan as necessary to protect the health and safety of the general public. (c) Penalty for violations. Any customer, as defined by Rule 288.2, Title 30, Chapter 288 Subchapter B, Texas Administrative Code, failing to comply with the provisions of the Plan shall be deemed guilty of a misdemeanor involving health and safety and shall be subject to a fine not exceeding Two Thousand Dollars ($2,000.00) and/or discontinuance of water service by the City. Each day a customer fails to comply with the Plan is a separate violation. The City may also seek injunctive or other civil relief for actual or threatened violations." Section 2: Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. Section 5: The City Manager or his/her designee is hereby directed to file a copy of the plan and Ordinance with the Commission in accordance with Rule 288.2, Title 30, Chapter 288 Subchapter B, Texas Administrative Code. PASSED AND APPROVED this 13th day of April, 2009. ATTEST: CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Managing Director Attachment A 2009 Water Conservation Plan 2009 Water Conservation Plan TABLE OF CONTENTS Section Description _______ Paae 1.0 introduction and Objectives ..................................................................... 1 2.0 Texas Commission on Environmental Quality Rules ............................... 1 3.0 Water Utility Profile .................................................................................. 3 4.0 Specification of Water Conservation Goals ............................................. 3 5.0 Metering, Water Use Records, Control of Unaccounted Water, and Leak Detection and Repair .................................................... 4 5.1 Accurate Metering of Targe#ed Water Deliveries ............................. 4 5.2 Metering of Customer and Public Uses and Meter Testing, Repair and Replacement ................................................................. 4 5.3 Record Management System .......................................................... 5 5.4 Determina#ian and Control of Unaccounted Water .......................... 5 5.5 Leak Detection and Repair .............................................................. 5 5.6 Monitoring of Effec#iveness and Efficiency -Annual Water Conservation Report ................................................................•-•----- 6 6.0 Continuing Public Education and information Campaign ......................... 6 7.0 Water Rate Structure ............................................................................... 7 $.0 Other Water Conservation Measures ...................................................... 7 8.1 Reservoir System Operation Plan ...................................................7 8.2 Reuse and Recycling of Wastewater ...............................................8 8.3 Ordinances, Plumbing Codes, or Rules on Water Conserving Fixtures .........................................•------.............. 8 8.4 Water Waste Prohibition .................................................................. 8 8.5 Requirement for Water Conservation Plans by Whoiesaie Customers ................................................................. 9 8.6 Coordination with Regional Water Planning Organizations ............. 9 8.7 Requests far Variance ..................................................................... 9 9.0 Implementation and Enforcement of the Water Conservation Plan .......10 APPENDtCtES Appendix Description Page A Texas Commission on Environmental Quality Rules on Municipal Water Conservation Plans .....................................................11 - Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule § 288.1 - Definifions .........................................12 - Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule § 288.2 -Water Gonservation Plans for Municipal Uses by Public Water Suppliers .......................................15 B Form for City of North Richland Hips' Water Utility Profile and Water Conservation Report ...................................................................19 C Farm for City of Watauga's Water Utility Profile .....................................27 D Letters to Wholesale Customer, City of Fort Worth, City of Watauga, Trinity River Authority, Texas Water Development Board, and the Texas Commission on Environmental Quality ....................................... 3fi E City of North Richland Hilts' Ordinance Adopting Water Conservation Plan .......................................................................42 F City of North Richland Hills' Landscape Water Management Ordinance ........................................................................ 46 G City of North Richland Hills' IElegal Water Connection end Theft of Water Ordinance ............................................................... 54 1.© INTRODUCTION AND OBJECTIVES This document outlines the City of North Richland Hills' Water Conservation Pian. The objective of the conservation plan is to reduce the quantity required for each water using activity, insofar as is practical, through implementation of efficient water use practices. Having a dependable water supply has always been a key issue in the development of Texas. The growing population and economic expansion occurring in North Central Texas are plating increased demands an our water supplies. In order to meet the. challenge of providing for our current and future needs, we must learn to use fibs water we already have more efficiently. By stretching our existing supplies we can delay the need for new supplies, minimize the environmental impacts associated with developing new water resaurres, and postpone the high cost of building the infrastructure (dams, treatment facilities, and pipelines) necessary to capture, treat, and transport the additional water into our homes and businesses. Recognizing the need for efficient use of existing water supplies, the Texas Commission on Environmental Quality (TCEQ) has developed guidelines and requirements governing the development of water conservation plans for public water suppliers. TCEQ guidelines and requirements are included in Appendix A. The City of North Richland Hills has developed this water conservation plan in response to TGEQ guidefrnes and requirements. The objectives of this water conservation plan are as follows: • Ta reduce water consumption from the levels that would prevail without conservation efforts. • To reduce the lass and waste of water. • To improve efficiency in the use of water. • To extend the life of current water supplies by reducing the rate of growth in demand. Ta educate the citizens of North Richland Hills about the need for water conservation and the benefits of conserving our most valued natural resource. 2.0 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES The TCEQ rules governing development of water conservation plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule §286.2 of the Texas Administrative Cade (TAC}, which is included in Appendix A. For the purpose of these rules, a water conservation plan is defined as ua strategy or combination of strategies for reducing the volume of water withdrawn from a wafer supply source, for reducing the loss or waste of water, for maintaining ar improving the efficiency in the use of water, for increasing the recycling and reuse of water,. and for preventing the pollution of water," The elements in the TCEQ water consertratian rules covered in this water conservation plan are listed below. Minimum Water Conservation Plan Requirements The minimum requirements in the TAC for Water Conservation Plans for Public Water Suppliers are covered in this report as failows: TAC Plan Page Section 288.2(a)(1)(A) Water Utility Profile 3 3.0 28$.2(a)(1)(A) Gity of North Richland Hills Utility Profile 19 Appendix B 288.2{a)(1){A) City of Watauga Utility Profile 31 Appendix C 288.2(x)(1 }{C) Specification of Water Conservation Goals 3 4.0 288.2(x)(1 }(D) Accurate Metering 4 5.1 288.2(x)(1}(D) Metering of Cus#omer and Public Uses and Meter 4 5.2 Testing 288.2(a)(1)(E} Universal Metering 4 5.2 288.2(x)(1){i=) Determination and Control of Unaccounted Water 5 5.4 288.2{a){1)(G) Continuing Public Education and information Program 6 6.0 288.2(a)(1)(H) Water Rate Structure 7 7.0 288.2(x)(1)(1) Reservoir System Operation Plan 7 8.1 288.2(x)(1 }{J) Implementation and Enforcement of the Water 10 9.0 Conservation Plan 288,2(a)(1)(K) Coordination with Regional Water Planning 9 8.6 Organizations 288.2(x)(1}(K) Coordination with Regional Water Planning 40 Appendix D Organizations Conservation Addttionai Requirements ~,Popufation aver 5,OD0) The TAG includes additional requirements for water conservation plans for cites with a population over 5,000: ZAP P 288.2(a)(2)(A) Metering of Custamer and Public Uses and Meter 4 5.2 Tes#ing 288.2(a)(2)(A) Determina#ion/Contral of Unaccounted Water 5 5.4 288.2(a)(2)(A) ~.eaic Detection and Repair 5 5.5 288.2{a){2){B) Record Management System 5 5.3 288.2(x){2}(C) Requiremen# for Water Conservation Plans by 9 8.5 Wholesale Customers 2 Additional Conservation Strategies TCEQ rules also list additional optional, but not required conservation strategies, which may be adopted by suppliers. The following optional strategies are included in this plan: f' TA Plan Page Section. ,. 288.2(x)(3)(8) Ordinances, Plumbing Codes or Rules 8 8.3 on Water Conserving Fixtures 288.2(x){3)(©) Reuse and Recycling of Wastewater $ 8.2 288,2(x)(3}(F} Water Waste Prohibition 8 8.4 288.2(x)(3}(G) Monitoring of Effectiveness and Efficiency 6 5.6 Annual Water Conservation Report 3.0 WATER UTILITY PROFILE Included in Appendix B to this water conservation plan is a rnadif"~ed North Richland Hills Water Utility Profile based on the format recommended by the TCEQ. Some additional sections were added in order to gather the information necessary to assess the effectiveness of the water conservation plan. The Gity of Watauga is the Gray of North Richland Hi{is' only wholesale customer and is contractually obligated to develop and implement a canservat~on plan that meets applicable TCEQ Water Conservation Plan Requirements.. Appendix C includes the City of Watauga's Water Utility Profile. 4.0 SPECIFICATION OF WATER CONSERVATION GOALS Current TCEQ regulations require the adoption of specific water conservation goals for a water conservation plan. As park of the plan adoption, the City of North Richland Hills v+rili develop 5-year and 10-year goals for per capita municipal use, following TCEQ procedures described in the water utility profile, Appendix 8 far the City of North Richland Hills. The goals for this water conservation plan include the fallowing: • Current five (5) year average per capita use for the City of North Richland Hills is 186. ga[lons per capita per day. The projected reduction for the City is 1°lo per year due to elements in this plan. An anticipated 1% reduction per year will keep the per capita muniapal water use below 176 gallons per capita per day in 2014 (5-year goal} and 166 gallons per capita per day in 2019 {10-year Baal}. • Keep the level of unaccounted water in the system below 10% annually in 2009 and subsequent years, as discussed an page 5, Section 5.4. • Maintain meter replacement and repair programs, as discussed an page 4, Section 5.2. • Decrease waste in lawn irrigation by continuing enforcement of the landscape water management ordinance, as discussed an page 8, Section 8.4. Raise public awareness of water conservation and encourage responsible public behavior with a public education and ir-formation program, as discussed on page 6, Section 6.0. 5.0 METERING, WATER USE RECORDS, CONTROL OF UNACCOUNTED WATER, AND LEAK DETECTION AND REPAIR One of the key elements in water conservation is careful tracking of water use and control of losses through illegal diversions and leaks. Careful metering of water deliveries and water use, detection and repair of leaks in the distribution system and regular monitoring of unaccounted water are important in controlling losses. 5.1 Accurate Metering of Treated Water Deliveries North Richland Hills supplies all of the water used by its customers. Water deliveries are metered by the City of North Richland Hills using a meter accuracy oft 5%. These meters are calibrated by the City's wholesale suppl'~ers on an annual basis to maintain their level of accuracy. North Richland Hills has four {4) main points of entry for treated water intake into the City. Three (3) entry points are from file City of Fort Worth and one {1) entry point from Trinity River Authority (TRA). Each point of entry contains a master meter that is the property of the wholesale provider (Fort Worth/TRA}. By the wholesale contract, these entry point meters, are tested and calibrated to ensure accuracy at least once per year. The City of North Richland Hills is the water suppler for the City of Watauga. The Ci#y of North Richland Hills has installed several meters at the main entry poin#s into the City of Watauga. The main entry point meters are tested, calibrated, and maintained by the City of North Richland Hills on a regular basis. 5.2 Metering o€ Customer and Public Uses and Meter Testing, Repair, and Replacement Ali connections to the water system are metered connections. AN meters are maintained within an acceptable operating accuracy range as defined by the manufacturer or American Water Worlcs Association (AWWA) Standards for Meter Accuracy, whichever is more stringent. Non functioning meters and meters that indicate reduced or high usage will be flagged during the electronic billing process. These meters will be checked, field tested, and replaced when found to be out of the manufacturer specifications or not meeting AWWA Standards. The City of North Richland Hills has a Meter Replacement Program that is currently funded annually. The goat of the program is to replace approximately 2,400 customer water meters that are older than ten {10} years of age on an annual basis. Based upon water meter manufacturers and other water industry standards, the City has determined that the accuracy of water meters may decline or fail after 10 years of usage. The City also replaces water meters on an as needed basis. These meters are usually suspected of inaccurate readings, such as reading high or too low, erratic, or not reading any flow at all. This aggressive water meter replacement program helps to ensure the meters are accurate and helps to reduce the unaccounted for wafer in the City. 5.3 Record Management System As required by TAC Title 30, Part 1, Chapter 288, Subchap#er A, Rule 288.2(a)(2)(B), the City of North Richland Hills record management system allows for the separation of water sales and uses into residential, commercial, pubtic/institutional, and industrial categories. This information will be included in an annual water conservation report, as described on page 6, Section 5.6_ The City of North Richland Hills will continue to maintain a record management system that separates the monthly usage in the fallowing customer categories; residential, commercial, publiCrnstitutianal, wholesale, industrial usage and others. 5.4 Determination and Control of Unaccounted Water Unaccounted water is the difference between water purchased from the City of Fort Worth and TRA and metered deliveries to North Richland Hills' customers. Authorized but unmetered uses would include fire fighting, flushing of water lines, and uses associated with new construction. Unaccounted water can include several categories: • Inaccuracies in customer meters. Customer meters tend to run more slowly or become erratic as they age and under-report actual use. • Losses due to water main breaks and leaks in the water distribution system. • Losses due to illegal connections and theft. Measures to control unaccounted water are part of the routine operations of the City. Maintenance crews and personnel are directed to look for and report evidence of leaks in the water distribution system. A leak detection and repair program is described in Section 5.5 below. Meter readers are directed to watch for and report signs of illegal connections so they can be addressed quickly. As shown in the Water Utility Profile, unaccounted water has varied from 0.2% to 1 d% in the last five years. With the elements described in this plan, the City ofi North Richland Hills intends to maintain the unaccounted water below 10% in 2009 and subsequent years. 5.5 Leak ©etection and Repair The City of North Richland Hills monitors the water distribution system and customer service connections for water leaks. This is done by City personnel who are in the field. Any water leaks found are reported immediately and repaired as quickly as possible. The City also conducts regu{ar inspections throughout the City for leaks on large water transmission lines. Areas along drainage streams and limited access areas are regularly investigated far potential water leaks. The Public Works Department is responsible for repairing water line leaks. Typically a[I water leaks are repaired within 24 hours after they have been reported. large main line water leaks require quick response and the department provides this quick response 24 hours a day. The Public Works Department also has an annual program for replacing water lines that are old, deteriorated, and have had numerous water teaks, The department replaces approximately 10,000 linear feet of water lines in the Ci#y under this program. An asset management program is used to track all water line breaks. This asset management program helps the department to determine which water lines are in need of replacement. 5.6 Monitoring of Effectiveness and Efficiency - Annual Water ConservatiorJ Report Appendix B is a modif~d water utility profile form that will be used in the development of an annual water conservation report for the City of North Richland Hills. This fom~ will be completed by May 1~' of 2010 and will be used to monitarthe effectiveness and efficiency of the water conservation plan. This will help the City to plan conservation-related activities for the falbwing years. The wa#er utility profile form records the water use by category, per capita municipal use, and unaccounted water far the current year and compares them to historical values. The modified wafer utility profile and annual water conservation report will be sent to the City of Fort Worth and TRA who will work with Tarrant Regional Water District {TRWD} to monitor regional water conservation trends. 6.0 CONTINUING PUBt_IC EDUCATION AND iN1=gRMATION CAMPAIGN The City of North Richland Hills wil! continue to promote conservation through public education by: • Par#icipating in various conservation programs with TRWD. Making conservation information available at the public library and an the Gity of Nvrth Richland Hills' website. links on the City's website will be provided to the Texas Smav#scape website and to information on water conservation from TRWD, Texas Water Development Board {TWOS), and TCEQ websites. • Include a water conservation message in the City's "News and Notes" publication an an annual basis. This publication is sent to North Richland Hills customers and includes infom~ation about City activities, events, and advertisements. • Insert water conservation information with water bills. Inserts will include material developed by North Richland Hills staff and material obtained from TRWD, TWDB, TCEQ, and other sources. • Encourage local media coverage of water conservation issues and the importance of water conservation. + Make information on Texas Smartscape principles, water conservation brochures, and other water .conservation mat®rials available to the public at City Hall and other public places. + In 2008 the City of North Richland Hills began a partnership with TRWD promoting an educational program called "Learning to Be Water Wise. The program is designed for educating elementary school students and their parents on water conservation. Activities include instructional manuals and activity books, supplying and installing low flow faucet fixtures, and surveys and input on water conservation techniques. The City along with TRWD funds the program annually. Presently, 5}" grade students in the City's local. elementary schools are targeted for this program. The City wi11 continue this program providing funds are available on an annual basis. 7.0 WATER RATE STRUCTURE The City of North Richland Hills' rate structure is provided in Table 7.0 Below: Table 7.0 Rate Structure Mater $!Ze ~fnttresl a~i{'~ '~"~~~ ~er ~rr AIlinirourxt Volume iccFl~ 267 354 1,300 4,000 10,000 ilAinimum Biit' $9.30 $15.53 $49.57 $195.30 $434.03 ,Water Rates Minimum Charge + $2.69 per 100 cubic feet over minimum .Water Pass Througta* $0.7040 x total consumption North Richland Hills will continue consideration of various rate plans to insure cost effectiveness and compliance with state regulations. The water pass through rate is the fee charged to North Richland Hills customers for wastewater disposal. The amount is based on the rate charge that the City's wholesale provider (Fart Worth) sets for wastewater treatment and operation and maintenance costs. $.0 OTHER WATER CONSERVATION MEASURES $.1 Reservoir System Operation Plan North Richland Hills purchases. treated water from the City of Fort Worth and TRA Northern Region, which purchases untreated surface water from TRWD. North Richland Hills does not purchase untreated surface water supplies and therefore does not have a reservoir system operation plan. 8.2 Reuse and Recycling of Wastewater The City of North Richland Hills does not own and operate its own wastewater treatment plant. The City's wastewater is treated by the TRA and the City of Fort V1Corth. 8.3 Ordinances, Plumbing Codes, or Rules on Water Conserving Fixtures The State of Texas has required water-conserving fixtures in new construction and renovations since 1992. The state standards call for flows of no more than 2.5 gallons per minute (gpm} far faucets, 3.0 gpm for showerheads, and 1.6 gallons per flush for toilets. Similar standards are now required nationally under federal law. These state and federal standards assure that ail new construction and renovations will use wa#er-conserving fixtures. The City of North Richland Hills follows these standards. 8.4 Water Waste Proltibition Landscape irrigation and outdoor watering are responsible for a large portion of the water wasted in the State of Texas. The City of North Richland Hills has adopted the following water eanseivation measures in an effort to reduce the amount of wasted water: • Prohibition of outd~r watering with irrigafion systems from 10:00 a.m. to 6:00 p.m. every day of the-year. Watering with hand-held hoses and soaker hoses is allowed. • Requirement that all irrigation systems installed on or after October 25, 1999, with the exception of those associated with agricultural and/or single family residential uses, mus# be equipped with rain and freeze sensors. • Requiremen# that all agricultural and/or single family residential irrigation system installed within the City on or after August 1, 2006 must be equipped with rain and freeze sensors. • Prohibition of irrigation systems that result in a substantial amount of water to fall upon impervious surfaces, such that a constant. stream of water overflows from the lawn or landscape onto a street or other drainage area. • Prohibition of poorly maintained irrigation systems that waste water. Prohibition of outdoor watering during any form of precipitation. • Requirement for customers to repair a water service line or irrigation line leaking on private property within a designated time period as directed by the North Richland Hills Public Works Department. Failure to comply with any portion of this section will constitute a violation and may be subject to enforcement of a fine up to Two Thousand Dollars {$2,000.00} per violation. Each day that a violation is permitted to exist shall constitute a separate offense. 8.5 Requirement far Water Conservation Plans ay Wholesale Customers The City of North Richland Hitls is a wholesale water supplier for the City of IlVatauga. The City of Watauga must develop and implement a water conservation plan as described in this section. Every contract far the wholesale sale of water tha# is entered into, renewed, or extended after the adoption of this water conservation plan will include a requirement that the wholesale customer and any wholesale cue#omers of that wholesale customer develop and implement a water conservation plan meeting the requirements of Title 30, Part 1, Chapter 288,. Subchapter A, Rule 288.2 of the TAC. The requirement will also extend to each successive wholesale customer in the resale of the water. 8.i; Coordination with Regional Water Planning Organizations Appendix D includes letters sent to the City of Port Worth, TRA, the TRWD, TCEQ and the City of Watauga. A .copy of the water conservation plan was included w~h each letter. 8.7 Request far Variance The Public Works Operations Manager or his/her designee may grant a temporary variance for water use prohibited by this plan if it is determined that an emergency condition resulting in an adverse affect to health, sanitation, or fire protection of a customer, person, or entity would result if a variance is not granted. A temporary variance may also be granted if it is determined that a customer, person, or entit}r is caused undue hardship or financial burden if a variance is not granted. Outdoor watering at a service address with large multi-station irrigation systems may take place in accordance with a variance granted by the Public Works Operations Manager or his/her designee if it is detemtiined that the property can not be adequately irrigated in a single day. A temporary variance may also be granted to playing fields which require watering to maintain league standards. Skinned areas of sports fields may be watered as needed for dust control without applying for a temporary variance. In order to receive a written variance from the Public Works Operations Manager or his/her designee the customer, person, ar entity must provide a written request including: • Name and address of the person requesting the variance. • location of the proposed water use. • De#ailed statement of potential damage and reason forthe variance. The volume of water needed and specific purpose of water use. Period of time the variance is needed. • Detailed statement of water conservation measures that are being used. • Any diagram or other explanation that demonstrates the need far a variance, 9.Q IMPLEMENTATION AND ENFORCEMENT OF THE WATER CONSERVATION PLAN Appendix E includes a copy of the ordinance passed by the City Council which formally approves and adopts this water conservation pian. The ordinance includes penalties for non compliance and designates responsible officials to implement and snforoe the water conservation pian. Appendix F includes a copy of the City's adapted Landscape Water Management Ordinance and Amendment to Outside Watering Ordinance. Appendix G includes a copy of khe adopted Illegal Water Connections and Theft of Water Ordinance. is APPENDIX A TEXAS GOMMISSION ON ENVIRONMENTAL QUALITY RULES ON MUNICIPAL WATER CONSERVATION PLANS Texas Commission an Environmental Quality Rules. an Water Conservation Plans for Municipal Uses by Public Water Suppliers TEXAS ADMINISTRATIVE CODE (TAC} Title 3© Environmental Quality Part 1 Texas Commission on Environmental Quality Chapter 288 Water Conservation Plans, Drought Contingency Plans,. Guidelines and Requirements Subchapter A Water Conservation Plans Rule §288.1 Definitions The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates othenivise. (7) Agricultural ar Agriculture -Any of the following. activities: (A} cultivating the soil #o produce crops far human food, animal feed, or planting seed or for the production of fibers; {B} the practice of floriculture, viticulture, silvicu{tute, and horticulture, including the cultivation of plants in containers or non-soil media by a nursery grower; (C) raising, feeding, or keeping animals for breeding purposes or for the production ofi #ood or fiber, leather, pelts, or other tangible products having a commercial value; (D) raising or keeping equine animals; (E) wildlife management; and {F) planting cover crops, including cover craps cultivated for transplantation, or leaving land idle for the purpose of participating n any governmental program or normal crop or livestock rotation procedure, (2) Agricultural Use -Any use or activity involving agriculture, including irrigation. (3} Conservation -Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efFciency in the use of water, or increase the recycling and reuse of water so that a water supply is made available for future or alternative uses. (4) Drought Contingency Plan - A strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies. A draught contingency plan may be a separate document identified as such or may be contained within another water management documents}. 12 {5) Industrial Use -The use of water in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, commercial fish production, and the development of power by means other than hydroelectric, but does not include agricultural use. (6} frri ation -The agricultural use of water for the irrigation of crops, trees, and pastureland, including, but not limited to, golf courses and parks which da not receive water through a municipal distribution system. {7) lrrigafion Water Use Efficiency -The percentage of that amount of irrigation wa#er which is beneficially used by agriculture crops or other vegetation relative to the amount of water diverted from the source(s) of supply. Beneficial uses of water #or irrigation purposes include, but are not limited to, evapotranspiration needs for vegeta#ive maintenance and growth, salinity management, and leaching requirements associated with irrigation. {8) Mining Use -The use of water far mining processes including hydraulic use, drilling, washing sand and gravel, and ail field re-pressuring. (9) Municpa! Per Caaita Water Use -The sum total of wa#er diverted into a water supply system for residential, commercial, and public and institutional uses divided by actual population served. (10) Muniapal Use -The use of potable water within or outside a municipality and its environs whether supplied by a person, privately owned utility, political subdivision, or other entity as well as the use of sewage effluent for certain purposes, including the use of treated water far domestic purposes, fighting fires, sprinkling streets, flushing sewers and drains, watering parks and parkways, and recreational purposes, including public and private swimming pools, the use of potable water in industrial and commercial enterprises supplied by a municipal distribution system. without special construction to meet its demands, and for the watering of lawns and family gardens. (11) Municipal Use In Gallons Ppr Caoita Per Day -The average daily amount of water diver#ed or pumped far treatment for potable use by a public water supply system. The calculation is made by dividing the water diverted or pumped for treatment for potable use by population served. Indirect reuse volumes shall be credited against total diversion volumes for the purpose of calculating gallons per capita per day for targets and goals. {12) Nursery Grower - A person engaged in the practice of floriculture, viticulture, silviculture, and horticulture, including the cultivation of plants in containers or non soil media, who grows more than 50% of the products that the person either sells or leases, regardless of variety sold, leased, ar grown. For the purpose of this definition, grow means the actual cultivation ar propagation of the product beyond the mere holding or maintaining of the item prior to safe or lease, and typically includes activities associated with the production or multiplying of stock such as the development of new plants from cuttings, grafts, plugs or seedlings. 13 (13} Pollution -The alteration of the physical, thermal, chemica{, or biological quality of, or the con#amination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, nr property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. (14) Public Water Supplier - An individual or entity that supplies water to the public for human consumption. (15) Regional Water Planning Groua - A group established by the Texas Water Development Board to prepare a regional water plan under Texas Water Code, §16.053. (16) Retail Public Water Supplier - An individual or entity that for compensation supplies water to the public for human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants when that water is not resold to or used by others. (17} Reuse -The authorized use for one or more beneficial purposes of use of water tha# remains unconsumed after the water is used for the original purpose of use and before that water is either disposed of or discharged or otherwise allowed to flow into a water course, lake, or other body of state-owned water. (18) Water Conservation Plan - A strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and far preventing the pollution of water. A water conservation plan may be a separate document identified as such or may be contained within another water management documen#(s). (19) Wholesale Public Water Supplier - An individual or entity that for compensation supplies water to another for resale to the public far human consumption. The term does not include an individual or entity that supplies water to itself or its employees or tenants as an incident of that employee service or tenancy when that water is not resold to or used by others, or an individual or entity that conveys water to another individual or entity, but does not own the right to the water which is conveyed, whether or not for delivery a fee: Source Nate; The provisions of this §288.1 adopted to be effective May 3, 1993, 18 TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective April 27. 2000, 25 TexReg 3544; amended to be effective August 15, 2002, 27 TexReg 7146; amended to be effective October 7, 2004, 29 TexReg 9384 14 TEXAS ARMINISTRATIVE CODE (TAC} Title 3t1 Environmental Quality Part 1 Texas Cvrnmissian on Environmental Quality Chapter 288 Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements Subchapter A Water Conservation Plans Rule §288.2 Water Conservation Plans for Municipal Uses by Public Water Sup liars {a} A water conservation plan for municipal water use by public water suppliers must provide information in response to the following. If the plan does not provide information for each requirement, the public water supplier shall include in the plan an explanation of why the requirement is not applicable. (1) Minimum requirements. All water cansenration plans far municipal uses by public drinking water suppliers must include the following elements: (A) a utility profile including, but not limited to, information regarding populatkon and customer data, water use data., water supply system data, and wastewater system data; (l3} until May 'l, 2005, specification ofi conservation goals including, but not limited to, municipal per capita water use gooks, the basis for the development of such goats, and a time frame for achieving the specified goals; (C} beginning May 1, 2005, specific, quantified five-year and ten-year targets far water savings to include goals for water loss programs and goals far municipal use, in gallons per capita per day. The goals established by a public water supplier under this subparagraph are not enforceable; (D) metering device(s), within an accuracy of plus or minus 5.0% in order to measure and account far the amount of water diverted from the source of supply. (E) A program for universal metering of both. customer and public uses of water, for meter testing and repair, and for periodic meter replacement; {F) Measures to determine and control unaccounted-for uses of water (for example, periodic visual inspections along distribution lines; annual or monthly audit of the water system to determine illegal connections, abandoned services, etc.}; 15 (G) A program of continuing publie education and information regarding water conservation; {H) A water rate structure which is not "promotional," i.e., a rate structure which is cost-based and which. does not encourage the excessive use of water; {I) A reservoir systems operations plan, if applicable, providing for the coordinated operation of reservoirs owned by the applicant within a common watershed or river basin in order to optimize available water supplies; and {J) A means of implementation and enforcement which shall be evidenced by: (i) a copy of the ordinance, resolution, or tariff, indicating official adoption of the water conservation plan by the water supplier; and (ii) a description of the authority by which the wa#er supplier witl implement and enforce the conservation plan; and (K) documentation of coordination with the regional water planning groups for the service area of the public water supplier in order to ensure consistency with the appropriate approved regional water plans- (2) Additional content requirements. Water conserva#ian plans. far municipal uses by public drinking water suppliers service a current population of 5,000 or more and/or a projected population of 5,000 or more within the next ten years subsequent to the effective date of the plan must include the following elements: (A) a program of teak detection, repair, and water loss accounting for the water transmission, delivery, and distribution system in order to control unaccounted-for uses of water; (B) a record management system to record water pumped, water deliveries, water safes, and water losses which allows for the desegregation of water sales and uses into the following user classes: (i) residential; (ii) commercial; (iii} public and institutional; and (iv) industrial; and (C) a requirement in every wholesale water suppty contract entered into or renewed after official adoption of the plan (by either ordinance, resolution, or tariff), and including any contract extension, that each successive wholesale customer develop; and 16 (D} implement a water conservation plan or water conservation measures using the applicable elements in this chapter; if the customer intends to resell the water, then the contract between the initial supplier and customer must provide that the contract for the resale of the water must have water conservation requirements so that each successive customer in the resale of the water will be required to implemen# water conservation measures in accordance with applicable provisions of this chapter. (3) Additional conservation strategies. Any combination of the following strategies shall be selected by the water supplier, in addition to the minimum requirements in paragraphs (1) and (2) of this subsection, if they are necessary to achieve the stated water conservation goals of the plan. The commission may require that any of the following strategies be implemented by the water supplier if the commission determines that the strategy is necessary to achieve the goals of the water conservation plan: (A} conservation-oriented water rates and water rate structures such as uniform or increasing black rate schedules, andlor seasonal rates, but. not flat rate or decreasing block rates; (B) adoption of ordinances, plumbing codes, and/or rules requiring water- conserving plumbing fixtures to be installed in new structures and existing structures undergoing substantial modification or addition; {C} a program, for the replacement or retrofit of water-conserving plumbing fixtures in existing structures; (D) reuse andlor recycling of wastewater andlor greywater; {E) a program far pressure control andlor reduction in the distribution system andtar far customer connections; (F) a program andlor ordinance(s) far landscape water management; {G} a method for monitoring the effectiveness and efficiency of the water conservation plan, and {H) any other water conservation practice, method, or technique which the water supplier shows to be appropriate for achieving the stated goal or goals of the water conservation plan. (b} A water conservation plan prepared in accordance with 31 TAC §363.15 (relating to Required Water Conservation Plan) of the Texas Water Development Board and substantially meeting the requirements of this section and other applicable commission rules may be submitted to meet application requirements in accordance with a memorandum of understanding between the commission and the Texas Water ©evelapment Board. 17 (c) Beginning May 1, 2005, a public water supplier for municipal use shall review and update its water conservation plan, as appropriate, based on an assessment of previous. five-year and ten-year targets and any other new or updated, information. The public water supplier for municipal use shall review and update the next revision of its water conservation plan not later than. May 1, 2009, and every five years after that date to coincide with the regional water planning group- Source Note: 'The provisions of this§288.2 adopted to be effective May 3, 1993, 1$ TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949; amended to be effective Apri! 27, 2000, 25 TexReg 3544; amended to be effective October 7, 2004, 29 TexReg 9384 18 APPENDIX B FORM FOR CITY OF NORTH RICHLAND HILLS WATER UTILITY PROFILE AND WATER CONSERVATION REPORT APPENDIX B Customer Water Conservation Report Due May 1 of Every Year Name of Utility: Address & Zip: Telephone Number: Form Completed By Title: Signature: Date: Name and Phone Number of Person/Department responsible for implementing a water conservation program: Jimmy Cates, Public Works Operations Manager (817) 427-6460 UTILITY PROFILE I. POPULATION CUSTONtER DATA A. Population and Service Area Data 1. Service area size (square miles): 18.2 2. Current population of service area: 65,750 City of North Richland Hills 7200 A Dick Fisher Drive South (817) 427-6440 Fax: (817) 427-6440 Alan Knapp Public Works, Utility Superin#enden# 3. Current population served by utility: a: Water 65,750 b: Wastewater 65,750 4. Population served by water utility service area for the previous five years: YEAR 2~U4 2©05 ;-2DOr3 ~• ~ ~ ~©07' 2gil& 1,650 63,520 "84,050 ~ y~•^65,750 ~- NRH --.....~~d~400 !~ -6__ 20 5. Projected population in the following decades: YEAR 2010 2020 r_~-----~-- 2030 ~-r----~,~- 2040 `. ~ ~205E1 ;. ...._~ __._.___ ~ 2Q6f3 . NRH ~ 67,363 74,228 74,22$ 74,22$ 74,228 74,228 6. List specific source{s)Imethod{s} #or the calculation of current and projected population: - Curren# and projected population obtained through North Central Texas Council of Governments and Freese and Nichols, inc. B. Active Connections 1. Current number of active connections by user type. Check whether multi-family service is counted as: Residen#ial X Commercial ,.:. .. "fREATED'J~1fATER USERS METERED ~ .. NL)1~-1'IAETERED ,, ;' ,TOTAL Residential 18,969 0 1$,969 Cornmercia{ 1,134 4 , 1,134 lndustrial~~-_ - -~-~---~-~-- 15 Q 15 ~~ Rublic _ -- 144 d 144 Qther {i*ire Mydrant) ; 22 ~ 22 2. List the net number of new connections per year for most recent three years: . .: YEAR ,. U06 2007 ,. - 2008': . - TOTAL ;: ,. ; 428 312 165 C_ High Volume Customers 2~ List annual water use for the ten highest volume customers (indicate if treated ar raw water delivery). Provide date of most recent water use audit - if never audited, please indicate so. ~~` CUS~'~MER ~ USE .. Kono~ ~Gatloisll'ear TREATEt3 C)R RAMIE' ~ VItA"1'ER j QATE'©F' '` L.aS7 . WATE~~~SE AUQIT . 1`' Doskocil Faod ~ ~ 119,529 Treated Never 2 ~ BGPC Equestrian GP 45,682 Treated Never :3, ._ Sirdville Independent School District 44,499 Treated ~ Never 4 _ Remington Oaks Apartments 35,317 Treated Never 5 - North Higs Hospital 3(1,947 Treated Never 6 Towne Oaks Aparfirnents 21,862 Treated i Never 7 Silver Creek Apartments , ~ . 20,556 Treated Never 8 ` Tantara Club Apartments 19,573 Treated Never . 9 ~; Mega life and Health ~ . 18,150 Treated Never ___._ 10 Abbey Residential Services 17,764 Treated Never 22 11. WATER USE DATA FOR SERVICE AREA A. Water Accauntina Data 1. Amount of water use far previous five years (in 1,000 galions): ,:.. -. TpTAL`DiVERTi=13 ~tNa T'R_E_ AT~© CATER piELlill~RIES ANi3.;SALES SY N14NT m Year _. ___.. _ _/. _~. Month 2004 i 2005 ~ 2(106 2007 2008 ___a _ . ua Jan ry ............-__.......____ 255,228 256,984 317,989 239,fl70 258,652 Fbbruary 229,705 217,747 233,790., m_ 269,947 245,491 _..-_.. March 376,231 279,465 271,161 330,560 283,027 April ? IV1ay 310,797 382,416 ~ 352,2$8 379 843 376,421 437,370 ~ 340,672 283,816 303,328 ~ 350,371 June 291,801 ~^ ~524,209 524,843 _. 298,131 .516,490 -;luly 468,161 55,597 585,.979 371,471 603,652 August 465,604 554,458 634,078 492,840 584,143 _._ September 417,540 652,066 392,474 451,016 443,050 October ;~ 334,884 488,776 414,993 378,071 ~ 3/84,018 November ., . 251,28- 3 r- ~ _ 343,759 _.__- 349,321 ._._._.w_......._... ____ 311,274 _. ..___ 326,793 _... _._..... . December _.... 242,984 j _.. _.__~_ 269,067 313,937 289,617 _....._ _....272,250 Total .' 3,926,624 4,784,259 4,852,3x6 4,128,997 4,55'1,752 Accounting data taken from master meters located at four paints of entry along the perimeters of the City (7699 Airport Freeway, 5105 Western Center Boulevard, 4145 Stanley Keller Road, and 1101 Glade Road). 2. Indicate whether water is supplied from: a. Untreated surface water sources: b. Another utility as treated water: ~. 2a. For entities that treat their own water: Does utility operate a raw water intake? if so, indicate intake location and minimum elevations of safe operation. Location of raw water intake Elevation N/A NIA 23 2b. For entities that purchase treated water from another utility, list water supply sources and quantity purchased from each source: TR1`ATEi7 WATER Sfli,fRC~S PURCHASEE3 Qt.iA;NTITY City of Fort Worth 3,191,562,260 Trinity River Authority 1,360,190,000 Amount of water (in 1,000 gallons) delivered (sold) as recorded by the following account types for the past five years. ACCOI~NT W . V._...~2004 , 2005 ~ 2446 ~°: ,;~07 2008 TYPE • .,, :. >~ Residential 2,205,166 2,794,279 2,939,229 2,201,001 2,611,049 G~ommerctal 423,037 467,612 4$3,911 396,644 463,257 PubliclInstitutional'. --+N224,643 212,477 226,890 126,955 182,814 lttdustral - ' V 130,520 132,055 129,443 131,093 121,593 Wholesale 908,413 ~ 1,075,702 1,057,146 836,089 954,256 f?xher IFiee Nycirants), _ _ 5,490 4,607 8,155 4,875 4,741 Total Soil ~ 3,897,265 4,686,732 4,$44,774 3,696,637 ; 4,337,714 Residential: Single and multifamily residences Commercial: Restaurants,. re#ail, office Public/institutional; Municipal, airports, schools, hospitals Industrial: Large manufacturing Wholesale: Deliveries to successive customers Other: Uses not included in above categories. Please describe: Fire Hydrants 24 4. Calculate ga{lons per capita per day by account types for the past five years: <AO:COUNT CALL©N5 PER C~tP~TA PEP uAr Tatat water diverted ~sr treateilt ' 20!34'. 2005 2006 Residential 100 = 124 127 :Comxnercaal ~ :: T _ 19 ~ 21 ~... 21 ...-._-.._.... . _ Public/institutional .~.__........_. ` 10 9 10 industrial` 6 6 6 Wholesale 41 48 46 dtfier ~ .25 ' .20 .35 R~ a~C~UNT'TYPE ~o~ulatlor1i36S 2ii47 2008 94 108 17 19 5 .. . ._ _ _ _ 8 ..._ . ...__ 6 5 36 40 ,21 .20 Total ' ~ 176.25 208.20 210.38_'158.2'1 1.80.20 5. List previous five years records for water loss (the difference between water diverted or treated and water delivered ar said). The goal for percent of unaccounted for water is 10%. YEiRI`R . ~ AMQUNT -,'' "jo OF`'TOT1~1,..`.~111ATER (Gal#vns} _ - __ _- --- DtY~RT;~D OR ~TR~A~'ED 2004 29,355,000 .7% ~_~-2005 ~ 97,526,048 2% 2006 " 7,582,017 .2% '' 20Q7 433,360,505 10% r` 2~0$ ~ 214,042,260 4.7% 6. List previous five years records for water reuse. Reuse is the authorized use for one or more beneficial purposes of use of water that remains unconsumed after the water is used for the original purpose of use and before that water is either disposed of or discharged or otherwise allowed to ftow into a watercourse, lake or other body of state-owned water. Year Amount/Gallans % of Total Water Diverted or Treated NIA N/A N/A 25 7. Municipal per capita water use (in gallons per day} for previous five years. Municipal per capita water use is the sum tatal of water diverted inta a water supply system for residential, cammercial, and public and institutional uses divided by total population served. GPCD includes water losses. _~ T~(3Tl~L WAFER ~ Municipal-Per Capita Ilse YEAR flGPUi..ATIC>N DIVERTED OR TREATED ` ' {~PCa) 20x4, 60,400 3,926,624 65 ?;005. _.._ 61,650 4,784,259 78 '2006 _...__- 63,520 4,852,356 76 2007 64,050 ~.._._... 4,129,897 ~ _.~20[f8 .: 65,750 4,551,752 69 8. Previously stated per capita goals 5 year - 176 (by year 2014) 1 D year - 166 {by year 2019) 9. Did water use {GPCD) increase or decrease from previous year? increase Percent increase or decrease from previous year? 9.3% 10. Briefly discuss reasons for the increase or decrease in municipal water use. Munici al water use increased in 2 ue to re uce infall Pram riar ear. In 2008 total rainfall was 27.10 inches whereas in 2007. an extreme) wet ear, rainfall was 50.05 inches. 26 APPENOIx c FORM FOR CITY OF WATAUGA'S WATER UTILITY PROFILE {A WHOLESALE CUSTOMER OF THE CITY OF NORTH RICHLAND HILLS) 27 City of Watauga I11YII.ITY PROFILE ,,: ~PYLIGAN T: flATA:~ ~.: Name of Utility: C_~„vf Watauga, Acidness & Zip: 780ii Vireil Anthanv Blvd. Telephone Number: (817) 51.4-851 Fax: (817) 427-OI;iS Faun Completed By: James L. Medders 'I'itlc: Public Wanks Utility Superintendent Signatnre: Date: Name and Phone Number of Persvn/llepartment responsible for implementing a water conservation program: Name: Jahnnie Reaeaa. Public V1'arks Director Phone: (,817 514-583 ~~ . t7TILIT:Y DATA .. -. ,, ..... 1, CUSTOMER DATA A. Papulatian and Service Area Data Please attach a copy of your Certificate of Convenience acid ~tecessi.ty (CCN) from the Tt"E~ 2. Service area size (square miles): 4~i 3. Current population of service area: 24,150 4. Current population served by utility: a: water 25,150 b: wastewater 24.150 S. Population served by wester utility 8. Projected population for for the previous five years: service area in. the following decades: year Population Year Population 2004 23,750 2019 24,274 2405 23.800 2020 26,175 2006 23 95U 2030 27,969 2007 24,025 2040 29,906 2008 24~ 2050 29,908 7. i.,ist sources}Imethod(s} for the calculation of current and projected population: Current o ulations were taken from the North Central Texas.Council of Gvvernrncnts Projected populations were taken from the Region C Water Planning Groap. li. Active Connections 1 _ Current number of active connections by user type. If not a separate classification, check whether multi-family service is counted as Residential X or Camrnert:ial Treated water users: Metered Not-metered Total Residential-Single-Family 7825 0 2,25 Residential-Multi-Fa.n~ily 0 0 ~ Commercial. 345 _ 0 345 Industrial 0 0 °- Public 30 0 ''-0 Other 0 0 0 ?_ [.,ist the net number of new connections per year for most recant three years: Year 2006. 2007 2008 Residential-Single-Family 30 25 23 Residential-Multi-Family ~ ~ ~ Commercial S b Industrial ~ ~ ~ Public 1 ~ ~ Other ~ Q ~ C. High Volume Customcrs List annual water use for the. five highest volume retail and wholesale customers (:Please indicate i# treated or raw water delivery.} Indicate Customer Use (1 OOO~aI./~~r.l Treated or Raw (1} I")aybreak Venture 7 724,OU0 "I'reatcd (2} Harvest Church 3.298.000 Treated (3) 'TpCMW~nc. 2.,792 U(}0 '1"reared (4} ItNF Gmu~nc. ~ 19 OOU Treated (5} I_vlila.n Jariwala 2,5 ! 9.000 Treated Ci. WATER USN: I)A'FA FOR SERVICE AREA A. Water Accounting Data Amount of water use for previous five years (in 1,000 gal.): Please indicate: Diverted Water ........... Treated Water__ X .._.,....,._......,.,,.. Year 2004 2005 2006 2007 200$ January 60,984,000 76 782 d0 80.985.000 56,730,000 66,210,000 February 55,045,000 55,220,000, 58,9132,1100 5153,000 49 6 0 0{30 March 63.399,000 fi9,96U,000 65,966,Odd i 26 , 55,00(3 63.119.00(3 April 70,385,000 78,957.000 73,925,000 65 439,000 61,294,000 May 83.110,000 84,16],000 lOS,431 A00 66.380.000 69 2.44,000 June 71,741,0 112,451.004 98.799 UO 62.341,000 10,836.000 July 105,213,000 1.31,582,000 133,454,000 62 2__,~ 90~Oa 107,621,000 August l 12 781,dOt) 101101 2~0 124,814,000 88,143,000 110,Oa4,000 September 87,863.000 117,076,000 77 0.171. OOQ 92,959,000 7.. 8 ~ 18-000 October 80,782,000 99 760 0 0 88 S2 000 78,790,000 73 7__,_8G 000 November 68.278,000 72.870,000 70,521.000 60,755,000 70,394,000 December 67,524,000 67,591,000 66.032.000 80829 OOt? 89,708,000 Total 927.th5.hhQ 1,hG7,G69.0(1t1 1 U4~,50~9o,UO $30.hb4,000 949.234,040 Please indicate how the above figures ~verc determined. (e.g., frown a master meter located. at the point of a diversion. from a stream or located at a point vrhere caw waxer enters the treatment plant, or from water sales). Master meters at t-aint`c of entry and wa#er sales. 2. Amoiurt of water (in 1,000 gallons) delivered (sold) as recorded by the following account types i'or the past five years, Year Residential Commercial l:ndustrial W1,.41esale Other "C'otai Sold 2004 721.175.000 150,425.000 NIA ~N / A N ! A 871,600.000 2005 740,S86.U00 156,305,t?OU N/ A N/ A N/ A 896,891,000. 2006 787,503,000 X1,461,000 N/ A N/ A N/ A 958,9(i4,U00 2007 (92.047.000 142,488,000 N/ A N/ A N/ A 834,535,000 2008 659,058,000 152,584.000 NIA N / A N / A 81.1,b42,000 3. List previous five years records 4. List previous five years records for for water loss annual peak-to-average daily use ratio year Amount (~.al.l Year Average MGD Teak IyI(sU Ratio 2004 83 897AU0 2004 2.:140 3.219 1.26. 2005 1.15.607.1100 2UOS 2.295 4.6$3 2.04 2006 142.578.000 2006 2.861 4.41 C) 1.54 2007 64.027.000 2007 2.274 .03 1.49 2008 11 S.l 37AU0 2008 2.600 4.226 ,1.62 5. Total per capita water use for previous t.ive years Total Diverted {or Per Cataita Year Population "I'reate~ C1 000 ~.) Sales (gpedl 2004 21,750 905,992.000 104 2005 23,800 1 07569,,,-,QUO 123 2006 23.950 1057.146,000 12U ?U07 24,025 836.065.000 95 2008 24,150 949234.000 107 6. Seasonal water use for the previous five years (in gallons per person per day) Base Per Summer 1'er Year Population Capita Use Ca itp a Use 2004 2-3,7 83 136 2005 23,800 93 161 2006 23,950 9f 166 2007 24.025 82 98 2008 24,1.50 X30 150 B. Projected Water Demands Yraject tivt~tcr supply requirements fix• at lest the next ten years using population trends, historical water use. and economic growth, etc. Indicate sources of data and how projected rvatCr demands were determined. The Ci of Wotan a does not ex ect a la a increase in water demand in the near future. The city is land locked and there ig ~~ery little room for residential or comYnerciai growth. in March 2008 the city nasged t)rdinance # 13G8 restricting customers to no watering between the hours of 10 00 am and G'00 pm near round In llecember 2008 the city cauncil_ passed t?rdinance # 1397 with restrictions fur irrigation tnstallat~on and otperatlon. III. VJA'I'I:R SL)PYLY SYSTEM A. Water Supply Sources List alt current water supply sources and the amounts available v~rith each: Source Am„gunt Available Surface Vliater: North. Richland I-Tills 17 MCJn Ciroundv~~ater: N/A Iv1GD Contracts: NlA. McD Uther: N/A i:/I(aD B. Treatment aad Distribution Systexxx Design daily capacity of system: 2~5 MCiI.~ 2. Storage Capacity: Elevated 2 MUD, Ground 2 MGT) 3. If surface water, do you recycle f.lter back~n~ash to tl~e head af'thc plant? Yes n ! a Nn n ! a Ii' yes, approximately n / a MGD. 4. Please describe the water system. Include the number of treatment plants, wells, and storage tanks. Il possible, include a sketch of the system Tay nat. The City of Wataaga'c water system receives purchased water from North Richland Hills, supplied by the City of Fort Worth axxd the Trinity Itxver Aathori . Watau a has a distribution s stem one ~ million anon elevated storage facility and one 2 million gallon ground storage facility. The ground storage facility is i intly used with Nox-th Richland IL1Is. IV. WASTEWATER UTll.I'l'Y SYSTEM A. Wastewater System Data 1. Design capacity of waste~vater treatment plant{s): n ! a MUD 2. Is treated eilluent used for irrigati.ctn on-site n / a off-site n / a, plant wash down n f a, orchlorination / deehlorination n / a ? If yes, approx. ima.tcly n / a gallons per month. Could. this be substituted for potable water now being ~LSed in these areas n! as ? 3. Briefly describe the wastewater system(s) of the a1~a serviced by the water utility. Describe hnw treated wastewater is disposed of Where appiicable, iden#ify treatment plant(s) with. the TCI;Q name and number, the operator, owner, and, if wastewater is discharged, the receiving stream. Please provide a sketch or map which locates the plant{s) and discharge points or disposal sites. The t'ity of Watauga does not have a wastewater treatment plant. Watauaa's _Wastewater is treated by The City of Fort Worth, The numbers ~n B were tal~en from billin invc:ices from Fort Worth. B. Wastewater Data for Service Area l . Percent of water service area served by wastewater system: 100 2. Monthly volume treated. for previous tluee years (iii I,OOU gallons); Year 2006 2007 2008 Jaxtuary 50,725,00{} 73.698,000 58 945,QOU February 49,097,000 60,177,,000 52.702,000 VIA arch 57,334,(100 72.313,000 8~,IS7,000 April 56 31 ,OUO 62 9,_,._,_.03,000 72 26_0,000 Mav 54,204,000 9129100 63,089.000 June 54,093,000 95 793~U00 50.$36.000 X JuI 48,109,000 87,395,00() 54,450,004 , August 4$,962,400 50,565.000 58,710,000 Se~mber 56,296,000 59,170,000 49,890.000 E)ctober 53.704,(~U 59,211,000 49,024,000 lvovemher 48 3621000 54,273.000 S5 81 000 December 55,76Q OOU 58.486.000 X0,864,000 Total 632 964,000 835,275,000 702,503 000. Deiiaritians of Utility Arolile Terms Itesrdential sales should include water sold to residential (Single and Multi-Family) class CUSCOmer5 Only. Industeial sales should include water sold io ma.nut'acturSng and other heavy industry. Commercial sales stu7uld include water sold to all retail businesu:s, c>fi tees, hospitals, etc Wholesale sales should include water sold to another utility for a resale to the public for human consumption. Water Loss is the difference between water a utility purchases ar produces and the amount. of watc°x that it can account for in sales and other known ttscs for a given period. Water loss can result from: 1. inaccurate or incomplete record. keeping; 2. meter error; 3. umnetered uses such as iirelighting, line flushing, and water for public buildings and water treatment plants; 4. leaks; and S. water theft: and unauthorirxd use. 3. The peak-day to average-day ratio is c:alctilatE:d by dividing the tnaxintum daily pumpage {in million gallons per day} by the average daily pumpage. Average daily pumpage is the total pumpage for the year (a.9 reported in 5ec:tio~a IIAl, p. 4) divided by 365 and expressed in tnillio;~ gallons per day. 4. Total use in gallons per capita per day is defined as total average daily amount of water diverted or pumped for treatment for potable usv by a public water supply system. The calculation is made by dividing the water diverted or pur»ped for treatment for potable use by population served, then dividing by 365. IndirE:ct reuse volumes shall be credited against total diversion volumes for the purpose of calculation gallons per capita per day for targets and goals developed for the water conservation plain. 't'otal water use is calculated by subtracting the wholesale sales from the total water diverted or treated (as reported in Section IIA l ). 5. Seasonal. water use is the dil~'erencc between base (winter) dally per capita use and. summer daily pc;r capita use. To calculate the base daily per capita. use, average the monthly diversions for December, 3anuary, and February, and divide this average by 30. Then divide this ftgurc by the population. To calculate the summer daily per capita use, use the months of June> July, and August. APPENDIX D LETTERS TO WHOLESALE CUSTOMERS: CITY OF FORT WORTH CITY OF WATAUGA TRINITY RIVER. AUTHORITY THE TEXAS WATER DEVELOPMENT BOARD THE TEXAS COMMISSION ON ENVIRONMENTAL GIUALITY Public LVor'xs t t.ltiliGe§ March '~~, 2~(j~ City off l=ort Warth Frank Crumb, P.E. 1000 7°hrockmorton Fort Worth, TX 76102 RE: City of North Richland Mills' Water Conservation Plan liar Mr. Crumb: Please fiir-d enclosed the City o€ North Richland Hills' Water Conservation Plan. As you are aware, this plan is required by TCEQ to mast the minimum requirements provided in Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.20. In add'rtiort, as a wholesale customer of the City off Fort Worth, v~ have reviewed the City of Fart Worth's plan and believe our plan rsfilects the goals and criteria as staffed in Fort Worth's plan. Please fee! free to contact me at 817-X427-646d~ if you require any additional information regarding this matter. Respectfully, Jimmy Cates Public Works Operations ll~anager Encia~ure JGlihtpwE2~09-048u #~.C, Ycx t~E7(~t-4:~ -} ryc~r•tl•i Richlai;d Hitls, Texas 76'it32-G6U~3 72tL~ F, ~:~ick 3=ish~r C)r. S * {Si 7) 427-54'30 n Fax {£317) ~L'7-6~4 Pu~lia• L'~farks 1 UQilities March 17, 2A08 City erf 1f~atauga !Carry Lacy, City Manager 780p Virgil Anthony Bauievard Watauga, TX 7~i148 RE. City of Worth l~iichiand Hills° Water Conservation Plan Dear Mr. Lacy: please find enclosed the City of North Richland !-!ills' Water Conservation Flan. As you are aware, the Texas Comrnissinn on Environmental Quality {~'GEQ~ is requiring all mun€cipalities w'sth a popuiatian of 6,t3p0 or greater, to submit trYese docum~:nts by May 1, 20i~9. As the City of North l~ichland Hills' wholesale customer, the City of Watauga is required to implement a plan consistent with that developed by the City of Worth Richland Wills. A draft copy of the proposed plan was submitted #o Mr. James Madders as reference rrraterial on p'ebruary 10, 2CItt9. please feet free to contact me at 817-427-6464 if you need any ad8itionai inforc~atior~ regarding this matter. Vii IJe)C3€yY Jimrr~y Cates, F'ul~lic Wsarks Operations Manager EriClvsure ~EC/il~/p~s12CD(JS-G~9u ~.C~, hax rs2G6~9 ~• P~nr1h ~Zichiar~~ Kitts, Tees 78182-D~iiX~ 72i3~G: rlictc Fi5lyer Dk. ~ * ($1714.?7-$44t} k Fax ~F317} 4u'-~44 F'ubiic }P;~rks r Uti£i#iEs March 'l 7, 20Q9 Trinity River P.uthority Pa#ricia Cleveland, Mar9ager cif ~peraticns P.C~. Box 240 Arlington, TX 76004-x240 Rl~: City cif North Richland Mills' Water Ct~nsertra#ion Phan Dear Ms. Gleveland: Please find enciosed the City of North Richiartd Miiis' Water Consenra#ian Pfau. As you are aware, this plan is required by TCEQ to meet the. minimum requirements provided in Texas Administrative Code Title 30, Part 1, Chapter'288, Subchapter A, Rule 288.20. In addition, as a wholesale customer of the Trinity River Authority we have reviewed the Trinity River Authority's plan and beiieve nur plan reflects the goats and criteria as stated in Trinity River Authority's fsian. Please feel free #o ccsEatact me at 81?-427-5464 if you require ar,y additional irEfarmation regarding this matter. Respectfully, Jimmy Gates Pubiic Wc~ri{s ~}peratir~rts i'Jlanager Fneio~urs JClittlpwE20(}i3-447u '='~. E;trx £>:7C161'}?':i * E~forth r~iCY~l~rsd 1-litis, 1'exe~s 7~1&'t_-Oiab4a 7~rJt7 A ,:~ic:i r i~l?er Cyr. ~ ~ (S'!'~ 427--E+~1U * ~~x iFit7) X27-fs4~ ~' f~uaiic Woks / lJiiiiti~s hllarch 1 f, 2Qt30 Texas Watsr tJeveloprtrerrt l3crard Ethan Narn P,C~. Box 13231 Austin, TX ?$711 RE: City c~fi k~arth Richland Flilla' Water Conservation Plan Bear fulr, f•larrr: F'IeasR find enclosed the City of North Richland I-iiiis' Water Conservation Plan. As you are aware, this plan is required by TCEC2 to meet the minimum requirements provided in Texas Administrative Cade Title 30, Fart 1, Chapter 288, Subchapter A, Rule 288.20. In adt#itivn, as a wholesale customer of the City of Fart Worth acrd the Trinity River Authority, rave have reviewed their plans and believa tour plan reflects the goals and criteria as stated in their plans. Please fees free to contact the at &17-427-8~6~ if yc~u require any additional inforrrration regarding this matter. Ftespec~'uity, Jimmy Cates Public Works +C}perations hllanager Enclosure J Cltft/~VV12009-l~ ~2 u €-'.Ci. f?ox t3?t~`fi4~;? * hl~,r`il~ i~ict~fan~J 3•lills, TGx~s 76182-(~i"sl~ ?2.C8 ~: C.:iuM;. F±~har l~r. 3 'k B1 rl 4;Z7-F~CJ * Fix ($17) d27-8~~ F'ut~li~ W<x~ks i litiBties l~larch 17, 28139 Texas Carrr;rnissian an Environmental t~uality Kristin Wang _ I~IC 15(} P.C3. Box 13887 Austin, TX 787' 11 ~3C187 RE: The Gity of l~arth Richland Hills` Water Conservation Plan bear Ms. Ittfang: l"'lease find enclosed tha City of (forth Richland Hills" Water Gonservatian Plan. As you are aware, this plan is required by TCEQ to meet fihe minimum r~uirements provided in Texas Administrative Code Title 30, Bart 1, Chapter 288, Subchapter A, Rule 288.2f}. In addition, as a wholesale customer of the City of Fort Worth and the Trinity River Authority, we have reviewed their plans and believe our plan reflects the goals and criteria as stated in their plans. Please feel free to contact me at 817-427-8484 ifi you need any additional information regarding this matter. Respectfully, ,7irnrr3y Gates ~.___ .._.__~ Ptablic Works C7peratic~<ns [Vlan~ager ~ficlosure JCtittlpvit1240~-oFiSu P.Cr. r~csx 820609 ~ Aits~th ~ichfand t~i~s, 7~xas 6182-f~s03 72C~'j ~ t?sr"~ ~ist~rrr pr. S * (8171 42?-6440 * ~'ax {1317) X27-e"r44d APPENDIX E CITY OF NORTH RICHLAND HILLS' ORDINANCE ADOPTING WATER CONSERVATION PLAN 42 OItDINANC",I+1 NO. AN ORDINANCE AM.ENDINCG SEG'TIUN 78-612 OF TIIE NORTII RICHLAND HILLS CURE OF' ORDINANCES; REVISING THE WATER CONSERVATION PI..AN; ESTABLIS:IiING THE AUTHORITY FOR THE CITY MANAtUEIt TO EXECUTE THE EI.F:MENTS OF TIIE PLAN; AUTHORIZING TILE FILING OF TILE PLAN WITH THE T.F,XAS COMMISSION ON ENVIRONMENTAL QUALITY; ESTABLISIiING PENALTIES, PROVIDING FOR PUBLICATION, FOR SEVF;RABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, "Texas (the "City") recagnius that the amount of water available to its water customers .is limited; and, WHEREAS, 'I7ic City recognizes that due to natural limitations, drought conditions, system failures and otlaer acts of God which may occur,lhe city cannot guaratiiee an uninterruptc;cl water supply for ail purposes at all times; and, `VHEREAS, the regulations of the Texas Commission on Environmental Quality (the "Commission") require that the City revise its currently adopted Water Conservation Plan; and, WHEREAS, the City has determined an urgent need in the best interest of the public to revise the current Water Conservation flan; and, WAF,RF..AS, pursuant to Chapter 5~ of the 'Texas focal Government Code, the City is authorized to adapt such ordinances necessary to preserve and conserve its water resources; and, WHEREAS, the City Council of the City of North Richland Hills desires to .revise the current Water Conservation Plan as official city policy for the conservation of water; NOW TIIEREFORE, 13E TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLANll HILLS, TEXA'a`: SEC'T'ION t: 'T`hat Sec. 78-62 o:fthe North Richland Hills Code of Ordinances is hereby amended to rEad as follows: "S. ec. 78-62. Water Conservation Plan adopted. (a) Flan adrapted The City of North .Richland .H.ills, Texas hereby adopts the Water Conservation Plan attached hereto as Attachment A. The city commits to implel~-~ent the t~equirements and procedures set forth in the adopted Plan. (b) Procedure, rules and regulations. The City lVlanager or his designee. shall have the authority to enact and promulgate rules and regulatians of the Plan as necessary to protect the health and safety of the general public. (c) Penalty for violations. Any customer, as defined by Rule 288.2, Title 3U, Chap#er 288 Subchapter B; "l~exas Administrative Code, failing to comply with the provisions of the Plan shall be deemed guilty of a misdemeanor involving health. and safety and shall be subject to a line not exceeding Two 'Thousand i)allars ($2,000.UU} aadlor discontinuance of water service by the City. Each day a customer fails to comply with the Plan is a separate violation. The City may also seek injunctive or other civil. relief for actual or threatened violations" Section 2. Scverability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation. ui this ardina,acc of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 3: "1`he City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided. by law. Section 4: Phis ordinance shall be in fut.l force and effect immediately after passage. Section 5. The City Manager or his/her designee is hereby directed to file a copy of the plan and (hdinance v~~ith the Commission in acc;ordanc-e with Rule 288.2, 'i~itle 3U, Chapter 288 Subchapter B; Texas Administrative Code. PASSED AIVD APPROVED this 23rd day of March, 2UU9. Oscar Trevino, Mayor Ordinance No. ATTEST': Patricia Hutso~~, City Secretary APPRUVID AS TQ FORM A1tiTD 1:EGAL1'T°Y: George Staples, Attorney APPRUVI~:D AS T'O CUN'TDNT: Mike Curtis, Public Works Director Uniinuncc: Nu. APPENDIX F CITY OF NORTM RICHLAND HILLS' LANDSCAPE V1IATER MANAGEMENT ORDINANCE AND AMENDMENT TO OUTSIDE WATERING ORDINANCE 46 ORDINANCE N0.2893 AN ORDINANCE AMENDING CHAPTER 78 "UTILITIES", ARTICLE ll "WATER", DIVISION 2 "WATER CONSERVATION AND RATIONING" OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES BY ADDING SECTIONS 78-65 TO BE ENTITLED "LAWN AND LANDSCAPE IRRIGATION RESTRICTIONS", SECTION 78-fiS TO BE ENTITLED "RAIN SENSING DEVICES AND FREEZE SENSORS" AND SECTION 78.67 TO BE ENTITLED "EXCEPTIONS"; AMENDING SECTION 114.7! (C) OF THE CODE OF ORDINANCES TO CONFORM TO THE OTHER AMENDMENTS HEREIN; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF'FEGTIVE DATE. WHEREAS, the City of North Richland Hills, Texas (the "City") is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Loca! Government Code; and WHEREAS, the City Council finds that conservation of water and protection of water supplies Is necessary to protect public health and sanitation as well as to provide water far fire protection; and WHEREAS, the City Cauncii having previously adop#ed a water conservation plan incorporated into the Code of Ordinances; and WHEREAS, securing future water supplies will require proving to state permitted agencies that existing water supplies are being used efficiently, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Chapter 78 "Utluties", Article !l "Water", Division 2 "Water Conservation and Rationing" of the Cade of ©rdinances be and is hereby amended by adding Sections 78-65 through 78-67 which shall read as follows: Sec. 78.65. Lawn and landscape irrigation restrictions (a) Except for hand watering and. the use of soaker hoses, a person commits an offense if a person irrigates, waters,. or causes or permits the irrigation of watering of any fawn ar landscape located an premises owned, teased, ar managed by that person between the hours of 10:00 a.m. and 6:00 p.m. during the period from June 1 #hrough September 30 of any year. (b) A .person commits an offense if he knowingly or recklessly irrigates, waters, ar causes ar permits the irrigation or watering of a lawn or landscape located on premises owned, leased ar managed by the person in a manner that causes: (1 } a substantial amount of water to fall upon impervious areas instead of a lawn ar landscape, such that a constant stream of water overflows from the lawn or landscape ants a street ar other drainage area; or (2) an irrigation system or other taws or landscape watering device to operate during any form of precipitation. (c} A person commits an offense if, an premises owned, leased, ar managed by that person, he operates a lawn or landscape irrigation system ar device that: (1) has any broken or missing sprinkler head; or {2} has not been properly maintained in a manner that prevents the waste. of water. Sec. 78-66. Rain sensing devices and freeze sensors. (a) All irrigation systems installed an or after October 25, 1999 with the exception of those associated with agricultural andlar single family residential uses must be equipped with rain and freeze sensors. (See Section 114-74j {b) Any agricultural and/or single family residential irrigation system installed within the City on or after August 1, 2008 must be equipped with rain and freeze sensors.. {c) The potable water supply to sawn irrigation system shall be protected against backflaw in accordance with the City's Backffow and Cross-cannedion Control Program adopted by Article Vil of Chapter 7$ of the Code of Ordinances. Ordinance No. 2893 Page2of5 (d) It shall be unlawful for any person to knowingly or recklessly install, operate, or cause, or permit the installation of or the operation of, an irrigatian system in violation of sub5actions 78-fi6 (a) through (d) on premises awned, leased, ar managed by that person, Sec.78-67. Exceptions. {a) Tile Director of Public Works or his designee may grant exceptions from the provisions of Sections 78-65 or 7$-66 to persons demonstrating extreme hardship andJor need as determined by the Director of Public Works or his designee and only under the following conditions: (1) The applicant must sign a compliance agreement on forms provided by the Public Works Department, agreeing to irrigate ar water a lawn or landscape only in the amount and manner permitted 6y the exception. (2) Granting of an exception must not cause an immediate significant reduction in the City's water supply. Examples of hardships that will be considered shall include such things but not be limited to such items as: - New landscaping and/ar lawns that can not be watered during the specified times - Installation of new irrigation systems - Repair andlor adjustments to an existing irrigatian system - Any hardship related to the health, safety and welfare of the person making the request - Any other request determined to be a hardship as determined by the Public Works Director or his Designee {b) The ©irector of Public Works ar his designee may revoke an exception granted when determined that: (1 } the conditions of subsection (a) are not being met or are no longer applicable; (2) the terms of the compliance agreement are being vialatad; or (S) the health, safety or welfare of other parsons requires revocation." Qrdinartce No. 2883 Page 3 of 5 SEGTION 2. That Section 114-71(c)(1}Landscaping Regulations general criteria of the Code of Ordinances be and is hereby amended to read as follows: Sec.11 d-71. Landscaping regulations (c) General criteria. "(1) The standards contained in this section are considered rninirnum standards and shall apply to all zoning districts. Agricultural uses and single-family residences and their accessory buildings shall be exempt from the requirements of this Article except as provided in subsection (c}(2) of this section and Section 78-66 of this Code." SECTION 3. This Ordinance sha1E be cumulative of al! provisions of the Code of Ordinances of the City of North Richland Hills, and other applicable City ordinances, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the applicability of the conflicting provisions of such ordinances are hereby repealed to the extent of such conflict. SECTION 4. it is hereby declared to be the intention of the City Gauncil that the sections, paragraphs, sentences, douses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sen#ences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. SECTION 5. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not more than Two Thousand Dollars ($2p00.00) for each offense. Each day that a violation is permitted to exist shag constitute a separate offense. SECTION 6. The City Secretary is hereby directed to publish this ordinance or its caption and penalty in the official City newspaper one time witktin ten (10) days after final passage hereof. SECTION 7. This Ordinance shall be in foil farce and effect from and after its passage and publication as required by law, and it is so ordered. Ordi~anca No. 2893 Page 4 of 5 PASSED AND APPROVED on this t0~' day of July, 2006. CITY F FORTH LAND H 4~~~ ~ANQ B ~~ 1'1 ti~ y. s r T e na, Mayor A h Patricir~iiu~ity Secretary APPRO D S TC3 P RM AND LEGAL.iTY: George A. Staples City Attorney APPROVED AS Td CC}NTENT: Mike Curtis, Public Works Director o~a~~a~®No. as93 Page 5 of 5 ORDINANCE NO.3009 AN ORDINANCE AMENDING SECTION 78-65 OF THE NORTH RiCHLAND HILLS CODE OF ORDINANCES TO EXTEND OUTSIDE WATERtNG RESTRICTIONS TO ALL MONTHS OF THE YEAR; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILlTY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVID#NG FOR PUBLICATION tN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas (the "City") is a home rule city acting under its charter adopted by the electorate pursuant to Artiste Xi, Section 5, of the Texas Constitution and Chapter 9 of the €.ocal Government Code; and WHEREAS, the City Council finds that conservation of water and protection of water supplies is necessary to protect public health and sanitation as well as to provide water for fire protection; and WHEREAS, the City Council having previously adopted a water conservation plan incorporated into the Code of Ordinances; and WHEREAS, securing future water supplies wilt require proving to state permitted agencies that existing water supplies are being used efficiently; and, WHEREAS, THE City has been requested by its supplier of potable water to extend the restrictions on hours for outside watering to all months of the year in order to conserve water; NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. That Section 78-55(a) of the North Richland Hills Cade of Ordinances be amended to read as follows: "Sec, 78_65. Laum and landscape irrigatlon restxicttons (aj Except for hand watering and the use of soaker hoses, a person commits an offense if a person irrigates, waters, or causes ar permifs the irrigation of watering of any fawn or landscape located on premises owned, leased, or managed by that person between the hours of X0:00 a.m. and 6:00 p.m. ordinance No. 30U9 Pag9 l of 2 Section 2. It is hereby declared to be the intention of the Gity Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, ar phrase of this Ordinance shelf be declared unconstitutional by the valid judgment ar decree of any court of competent jurisdiction, such unconstitutionality shall no# affect any of the remaining sections,. paragraphs, sentences,. clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstifiutiana) section, paragraph, sentence, clause ar phrase. Section 3. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of #his Ordinance steal! be fined net more than Two Thousand Dollars 02000.00) for each offense. Each day that a violation is permitted to exist shalt constitute a separate offense. Section 4. The City Secretary is hereby directed to publish this ordinance or its caption and penalty in the official City newspaper one time within ten {10) days after final passage hereof. Section 5. This Ordinance shat! be in full force and effect beginning October 1, 2008 and after its passage and publication as required by law and it is so ordered. AND APPROVED on this 26th day of August, 2008. ~y CITY O RT~HLAND H{LLS ~~ ay: .,k scar Trevino, Mayer icy 5ecrecary APP ~~ S FOR~iI AND LEGAt_1TY. Geo a A. tap s, City Attorney APPROVED AS TO CONTENT: Cur is, P.E., Public Wanks Director Ordinance Mo. 3009 Psyta 2 of T APPENDIX G CITY OF NORTH RICHLAND HILLS' ILLEGAL WATER CONNECTIONS AND THEFT OF WATER ORDINANCE 54 ORDINANCE NU. AN ORDINANCE AMENDING SECTIONS 78-1(a) AND ADDIN(: A N:F;W SECTION 78-40 OF THE NOR'T`H RICHLAND HII.~LS CODE OF ORDINANCES TO .INCREASE THE PENALTY FOR VIOLATING: PROVISTUNS OF CHAPTER 78, DEF1NiNG AND PROH:IT3ITTNG TH:F...F"I'S OF SERVICE AND TAMPERING WITH THE PUBLIC WATER SYSTEM; PROVIDING A SEVETtA~3TLCTY CLAUSE; I'ROVIDiNG A PENALTY FOR V10LATIONS; .PROVIDI.NG FOR PT7BLICATION IN TIIE OFFICIAL NEWSPA!'Elt; AND PROVIDING AN F,FFECTIVF DA'T: E. WTT:I;.REAS, the Ciry of North. Richland Hills, Texas (the "City") is a home rule city acting pursuant to Arl:icle Xl, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Cade; and WHEREAS, the City Council finds that protection of watex and protection of water supplies and the pxohibition againtit tampering with water systems and connections is necessary to protect public health and sanitation. as well. as to ensure the payment for services which makes the systems fiscally sound; and WHERI{;AS, Chapter 54 of the Texas i.oc;al Government Code authorizes the adoption. of. policies necessary to preserve and protect available water supplies WHE.RF,AS, specific regulations are necessary to protect against unauthorized water connections and thefi of water; NOW THEREFORE: BF., IT ORDAINED BY THL+' CI'T'Y C'OUNCIi. OT? THE CITY OF NORTH RIC>rILAND HI1.1,S,1'EXAS: Section } . That Section 78-1(a} of the North Richland 1-lilts Code of C?rdinances be amended to read as follows: "Sec. 78-1. Water and sewer systcm.:rulcs, regulations, policies and. procedures; penalty. (a) Penalty for violations. Any person who shall violate any of the provisions. of this chapter, or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or wha shall build. i.n violation of any deixiled statement. of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order within the time fixed therein, shall severally for each and Query such violation and nonconapli.ance respectively bc: guilty of a misdemeanor, punishable by a line not exceeding $2,000.00. The imposition of one penalty for any violation shall not excuse the violation or permit it to coniinue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense." Section 2. 'That 17ivision 2 of Chapter 78 of the North Richland Hills Code of Ordinances be amended by addi.n~- a new Section 78-44 which shall read as Follows, "Sec. 78-40. Theft of Rater (a) No .person shall, without the atrthor~.ation by the City of North Richland hills, directly or indirectly initiate or restore City water service to any properly within the City or tamper with, connect to, or alter any component of the City's water system, including valves, meters, meter boxes, lids, hydrants, lines, pump stations, ground or elevated storage tanks. (b} If, without the written authorization of the City Manager or his designee, the owner, occupant or person. in charge of property knowingly causes, suffers or allows any water service to such property to be initiafied or restored after termination of such service, it shall be presumed that such owner, occupant or person in control of such property was responsible for such initiation or restoration and such person shall be deemed guilty of an oiI'ense fir each day such service continues. (c) No person shall make or cause a false reading to be made to the City of a reading of a water meter installed. for metered billing." Section. 3. 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 section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, suclt unconstitutionality shall not affect any of the remauung s~xtions, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 4. Any person, fine or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined. not more than Twa Thousand Dollars ($20QQA0) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 5. The City Secretary is hemby directed to publish this ordinance or its caption and penalty in the official City nevvspaper as required by l.aw. Section fi. This Ordinance shalt be in full force and e .fleet from and after its passage and publication as .required by law, and it is so ordered. 1'ASSEI3 AIVD APFROVEI7 UN THIS ,~ DAY OF ~, 20U9. OSCAR. TREVINO, MAYOR A1"I'EST': PATR.ICIA I~TtITS0~1, CITY SECRETARY APPRC)VI:I~ AS'I'U FUi2141: GEORGE STAPLES, A"I"I'ORNIIT A:PPROVEll AS 'C'Cl CGN°I'EN'I': MIICI CURT'IS, I'UBLTC WURK.S UIItECTOR. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 4-13-2009 Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Council Meeting Date: 4-13-2009 Presented by: Jo Ann Stout Agenda No. F.1 Subject: GN 2009-017 Consider an Amendment to Chapter 34, Section 34-33 Specific Nuisances -Ordinance No. 3044 In an effort to equitably address excessive noise issues, primarily affecting neighborhoods, we believe it would be beneficial to amend the nuisance ordinance and provide definitions for reasonable sound pressures. This would be helpful for the code and police officers who respond to citizen complaints of excessive noise from events or neighbors. Staff is suggesting a proposed amendment to our nuisance ordinance that will enhance the ability of the code/police officer to enforce noise complaints by specifically defining a "reasonable" sound pressure level measured at the property line of which the noise is being created. The proposed amendment would not allow a sound pressure level to exceed 65 decibels - A Scale -daily from 7:00 a.m. to 10:00 p.m. and 55 decibels between 10:00 p.m. to 7:00 a.m. This range is consistent with sound pressure levels in other zoning districts, as stated in the zoning ordinances. For example, a reading of 60 decibels would be equivalent to hearing an air conditioner compressor at 100 feet away or a cash register at 10 feet. Staff believes that these ranges are acceptable and consistent with other ranges specified in other existing ordinances. The proposed amendment also includes exceptions to the above levels by exempting noise generated by City approved events and specifically stating that noise produced by gas drilling productions shall be regulated by Chapter 104 of the Code of Ordinances and shall not be subject to this provision. This is not specified in the existing ordinance and will help in eliminating any confusion should one arise. The current ordinance does not specify any maximum sound pressure levels. This proposed change will also assist in prosecuting offenders by being able to define what reasonable noise is and what excessive is by use of a decibel reader. Staff recommends approval of this ordinance. Recommendation: Approval of Ordinance No. 3044 ORDINANCE NO. 3044 AN ORDINANCE AMENDING SECTIONS 34-33 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; AMENDING THE GENERAL NOISE NUISANCE DESCRIPTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that the amendment to the nuisance provision concerning noise herein made are 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 NORTH RICHLAND HILLS, TEXAS: SECTION 1. That subsection 34-33 (23) of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 34-33. Specific nuisances. Without limiting the power of the city council to hereafter declare as public nuisances any other act, condition, or thing, by ordinance, the following specific acts, conditions, and things are each and all of them are hereby declared to be and constitute public nuisances: (23) Allowing any unreasonably loud, disturbing, or unnecessary noise, including but not limited to noises from musical instruments, loudspeakers, and amplifiers, animals and birds, horns or other signal devices on vehicles, the operation of vehicles, steam whistles, auto exhaust without mufflers, or devices operated by compressed air, which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof, including but not limited to all activities that create a sound pressure level on the bounding property line that exceeds 65 decibels A scale daily from 7:00 a.m. to 10:00 p.m. and 55 A scale decibels daily from 10:00 p.m. to 7:00 a.m. Exceptions: Noise generated by City approved events and noise generated on property owned by the City is not subject to this provision. Noise produced by gas drilling and production shall be regulated by Chapter 104 of this Code and shall not be subject to this provision." SECTION 2. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3. Penalty. Any person, firm or corporation, who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of Section 1 of this ordinance shall be fined not more than Five hundred dollars ($500.00). Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 4. Savin s. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation or canvassing activities that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. Publication. The City Secretary of the City of North Richland Hills is hereby directed to publish the caption and penalty of this ordinance in the official City newspaper. SECTION 6. Effective date. This ordinance shall be in full force and effect from and after its passage and publication as required by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 13th day of April, 2009 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: JoAnn Stout, Director of Neighborhood Services CITY OF NORTH RICHLAND HILLS Department: Police Council Meeting Date: 4-13-2009 Presented by: Andy Kancel Agenda No. F.2 Subject: GN 2009-021 2009 Victim Coordinator Liaison Grant -Resolution No. 2009- 013 Being the victim of a crime can be a very traumatic experience. This is particularly true for victims of violent crimes. Victims are faced with financial difficulties, a confusing court system, and possible emotional problems. A Crime Victim Liaison can assist crime victims by alleviating the psychological and emotional trauma incurred as a result of a crime and provide crime victims with written notices about their rights. When appropriate, a Crime Victim Liaison can refer victims to community resources that can help them deal with the aftermath of the crime. The City of North Richland Hills would benefit from collaboration with the City of Richland Hills, the City of Haltom City and the City of Watauga to fund a joint Crime Victim Liaison position. The Texas Office of the Attorney General (OAG) offers a grant of up to $39,000 to fund such a position. No matching funds are required but are allowed. The North Richland Hills Police Department plans to use the proceeds of this grant award to assist in paying the salary of a Crime Victim Liaison. The balance of the portion required by the City of North Richland Hills, approximately $10,000 annually, will be funded through the Special Investigations Seized Fund. It is anticipated that the Crime Victim Liaison would be an employee of the City of Richland Hills. Currently, each of these cities provides victim assistance at the level required by law; however, a shared, dedicated Crime Victim Liaison position will allow each city to provide additional services to victims of crime. This is a high benefit/low cost victim assistance solution. The Crime Victim Liaison would assist victims needing resolution to problems resulting from crime through telephone contact or an in-office visit. The Crime Victim Liaison would explain the victims' rights, as defined in our Texas Constitution and in Article 55 of the Texas Code of Criminal Procedure, and would assist them in completing the appropriate paper work to apply benefits from the Texas Crime Victims' Compensation Fund. To proceed, the City Council must grant its formal approval to apply for the Victim Coordinator Liaison Grant and name an agent to act for the City in its dealings with the Texas Office of Attorney General as well as authorize approval of interlocal agreements. Recommendation: Approve Resolution No. 2009-013. N FZH RESOLUTION NO. 2009-013 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for the Victim Coordinator and Liaison Grant and make appointments for the conduct of business relative to the Grant; and WHEREAS, The City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills that we collaborate with Richland Hills, Watauga and Haltom City to form a combined Victim Assistance Liaison Project; and WHEREAS, The City Council of North Richland Hills designates Assistant City Manager Jimmy Perdue as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency and to approve Interlocal Agreements with other entities. NOW THEREFORE BE IT RESOLVED, that the City Council of North Richland Hills approves submission of the grant application for the Victim Coordinator and Liaison Grant as well as the designation of the Authorized Official. PASSED AND APPROVED this the 13th day April, 2009. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Assistant City Manager CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 4-13-2009 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 4-13-2009 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CI TY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 4-13-2009 Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 4-13-2009 Presented by: Councilwoman Suzy Compton Agenda No. H.1 Subject: Announcements -Councilwoman Compton Announcements The Sounds of Spring Concert Series continues every Friday night through May 8th at NRH2O. Gates open at 6 p.m. and the concerts begin at 7 p.m. Admission is FREE. Remember to bring blankets and lawn chairs. For more information, call 817-427-6600 or visit www.soundsnrh.com. Don't forget to register your team for Companies in Action. The Companies in Action bowling tournament is scheduled for Saturday, April 18th. For more information, please call 817-427-6600. The NRH Animal Adoption & Rescue Center will host a low cost pet vaccination clinic from 10 am to noon on Saturday, April 25th at Linda Spurlock Park. Rabies vaccinations will be offered for only $5. Residents can also register their pet and get a city license tag for $7. Linda Spurlock Park is located at 6400 Glenview Dr. For more information please call 817-427-6570. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Karen Raborn, NRH Public Library A card was received from a resident complimenting the City on the beautiful new Library facility and praising the Library staff. During his recent visit, all members of the library staff were extremely friendly and helpful. Karen Raborn was particularly helpful in demonstrating how to use the self service checkout. The library is very functional and the resident said he plans on using it often. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 4-13-2009 Agenda No. H.2 Subject: Adjournment