Loading...
HomeMy WebLinkAboutCC 2013-04-22 AgendasCITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 826 NORTH RICHLAND HILLS, TEXAS Monday, April 22, 2013 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Public Safety Emergency Preparedness Update (5 Minutes) A.2 Regional Consolidation of Detention and Communication Services Update (10 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 551.087 Texas Government Code Regarding Development Incentive in Northeast Sector of City B.2 Executive Session: Pursuant to Sections 551.071 and 551.072 Texas Government Code to consider acquisition of an easement and confer with Attorney concerning pending and contemplated litigation regarding an easement in the Thomas Peck Survey B.3 Executive Session: Pursuant to Section 551.072 Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the southwest sector of the City. C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on April 19, 2013. 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 -6080 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. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, April 22, 2013 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Hard 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: zi City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. A.0 Call to Order - Mayor Trevino A.1 Invocation - Mayor Pro Tern Lombard A.2 Pledge - Mayor Pro Tern Lombard A.3 Special Presentation(s) and Recognition(s) No items for this category. 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 the 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 8 -9, 2013 City Council Work Session Meeting B.2 Approval of Minutes of April 8, 2013 City Council Meeting B.3 Award Bid 13 -009 for Annual NRH20 Food Service Products to Multiple Vendors in an amount not to exceed $150,000 B.4 Reschedule the May 27, 2013 City Council Meeting to May 20, 2013 B.5 Approval of Agreement with the Todd Company for an Amount Exceeding $50,000 B.B Consider Contract Renewal with Redflex Traffic Systems, Inc. ����Ir�J:1�C�hl�a ►:��►Ce C.1 TR 2013 -02 Public Hearing and Consideration of Amendments to Article VIII "Screening And (Fencing Regulations" and Section 118 -001 "Definitions" of the North Richland Hills Zoning Ordinance - Ordinance No. 3244 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 Consider Amendment to Chapter 104 Gas Drilling and Production Regulations to increase annual permit fee - Ordinance No. 3239 F.2 Consider Amendments to Chapter 14 - Animals and Appendix A - Fee Schedule of the Code of Ordinances - Ordinance No. 3235 F.3 Approve an Interlocal Agreement with Tarrant County that creates a West Nile Virus Mosquito Surveillance and Response Program and Authorize the City Manager to execute such agreement. 101411111111100 :14019C►I�y��yCi7�����►� G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 NRH Library Update in Conjunction with National Library Week H.2 Announcements - Councilman Turnage H.3 Adjournment All items on the agenda are for discussion andl ©r action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on April 19, 2013. 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. City of North Richland Hills Work Session Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, April 22, 2013 6:00 P.M. A.0 Discuss Items from Regular Citv Council Meetina A.1 Public Safetv Emeraencv Preparedness Update (5 Minutes) A.2 Reaional Consolidation of Detention and Communication Services Update (10 Minutes) B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.087 Texas Government Code Reaardina Development Incentive in Northeast Sector of Citv B.2 Executive Session: Pursuant to Sections 551.071 and 551.072 Texas Government Code to consider acauisition of an easement and confer with Attornev concernina pendina and contemplated Iitiaation reaardina an easement in the Thomas Peck Survev B.3 Executive Session: Pursuant to Section 551.072 Texas Government Code to deliberate the purchase, exchanae. lease or value of real property in the southwest sector of the Citv. C.0 Adiournment NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject Agenda Item No. A.0 Discuss Items from Regular City Council Meeting MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject: Agenda Item No. A.1 Public Safety Emergency Preparedness Update (5 Minutes) Presenter: Stan Tinney, Fire Chief Summarv: Mayor and City Council will be presented an overview of the City's Emergency Preparedness to include the following topics: • Warning Sirens • Code Red • EOC Activation and Notification General Description: Spring is the beginning of the storm season. The division of Emergency Management has many resources to aid in monitoring weather and responding accordingly. Citizens are notified of potential severe weather by fixed warning sirens located in NRH and a telephone notification system capable of calling residents homes in specific areas or subscribers cellular phones by text, voice or email. The NRH Emergency Operations Center (EOC) is activated to provide a location to support response operations. The EOC is activated on tiered system allowing the capabilities to expand as needed. NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject: Agenda Item No. A.2 Regional Consolidation of Detention and Communication Services Update (10 Minutes) Presenter: Jimmy Perdue, Director of Public Safety A shared services agreement establishing consolidated detention and emergency communication services for North Richland Hills, Watauga, Haltom City and Richland Hills has been fully operational for one year. After years of preparation, the final agreement was authorized by City Council on November 14, 2011. The implementation was phased to allow time to resolve issues that arose. Detention Services went live in December 2011 while Communications became effective in April 2012. To handle the additional workload, North Richland Hills acquired additional personnel from the partner cities. To date, the program has worked as expected, both operationally and financially. Public Safety Director, Jimmy Perdue, will be making presentations to the other cities' elected officials to provide a first -year program evaluation and operational consolidation updates. In order to keep our Council members up to date, he will provide the same briefing to Council during the work session. NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject Agenda Item No. 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 NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject Agenda Item No. B.1 Executive Session: Pursuant to Section 551.087 Texas Government Code Regarding Development Incentive in Northeast Sector of City Presenter: Craig Hulse NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject Agenda Item No. B.2 Executive Session: Pursuant to Sections 551.071 and 551.072 Texas Government Code to consider acquisition of an easement and confer with Attorney concerning pending and contemplated litigation regarding an easement in the Thomas Peck Survey NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject Agenda Item No. B.3 Executive Session: Pursuant to Section 551.072 Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the southwest sector of the City. Presenter: Craig Hulse, Director of Economic Development NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject Agenda Item No. C.0 Adjournment City of North Richland Hills Regular Session City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, April 22, 2013 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Mavor Pro Tem Lombard A.2 Pledae - Mavor Pro Tern Lombard A.3 Special Presentation(s) and Recoanition(s) No items for this category. AA 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 the Consent Aaenda 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 8 -9. 2013 Citv Council Work Session Meetina B.2 Approval of Minutes of April 8, 2013 Citv Council Meetina B.3 Award Bid 13 -009 for Annual NRH20 Food Service Products to Multiple Vendors in an amount not to exceed $150,000 BA Reschedule the Mav 27, 2013 Citv Council Meetina to Mav 20, 2013 B.5 Approval of Aareement with the Todd Companv for an Amount Exceeding $50,000 B.6 Consider Contract Renewal with Redflex Traffic Svstems, Inc. C.0 PUBLIC HEARINGS C.1 TR 2013 -02 Public Hearing and Consideration of Amendments to Article VIII "Screenina And Fencina Reaulations° and Section 118 -001 "Definitions " of the North Richland Hills Zonina Ordinance - Ordinance No. 3244 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS No items for this category. x1�e3:11►1:1:701411111111:1►►j6 F.1 Consider Amendment to Chapter 104 Gas Drillina and Production Reaulations to increase annual permit fee - Ordinance No. 3239 F.2 Consider Amendments to Chapter 14 - Animals and Appendix A - Fee Schedule of the Code of Ordinances - Ordinance No. 3235 F.3 Approve an Interiocal Agreement with Tarrant Countv that creates a West Nile Virus Mosauito Surveillance and Response Proaram and Authorize the Citv Manaaer to execute such agreement. G.0 EXECUTIVE SESSION ITEMS G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Aaenda H.0 INFORMATION AND REPORTS H.1 NRH Library Update in Coniunction with National Library Week H.2 Announcements - Councilman Turnaae H.3 Adiournment M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject Agenda Item No. A.0 Call to Order - Mayor Trevino M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject: Agenda Item No. A.1 Invocation - Mayor Pro Tem Lombard M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject: Agenda Item No. A.2 Pledge - Mayor Pro Tem Lombard M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) No items for this category. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject: Agenda Item No. 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. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject Agenda Item No. A.5 Removal of Item (s) from the Consent Agenda M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject: Agenda Item No. B.a 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. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject: Agenda Item No. B.1 Approval of Minutes of February 8 -9, 2413 City Council Work Session Meeting Presenter: Patricia Hutson, City Secretary Recommendation: To approve the minutes of the February 8 -9, City Council work session meeting. MINUTES OF THE STRATEGIC VISION/GOALS. WORK SESSION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAN'D HILLS, TEXAS, HELD AT TANGLEWOOD RESORT & CONFERENCE CENTER, 290 TANGLEWOOD CIRCLE, POTTSBORO, TX - FEBRUARY 8-9,2013 Council Present: Oscar Trevino Mayor Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Mayor Pro Tern, Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Present: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Jimmy Perdue Director of Public Safety Patricia Hutson City Secretary Kristin James Assistant to City Manager Patrick Hillis Human Resources Director Craig Hulse Economic Development Director Stan Tinney Fire Chief Larry Koonce Finance Director Mark Mills Budget Director John Pitstick Director of Planning Kyle Spooner Information Services Director JoAnn Stout Neighborhood Services Director Cecilia Barham Library Director Stacey Udoni Public Works Management Assistant Clayton Comstock Senior Planner The City Council met on February 8, 2013 beginning at 10:00 a.m. and concluded on February 9, 2013 for the purpose of reviewing and setting goals, objectives and strategies. Mr. Randy Pennington, Pennington Performance Group, was the facilitator for the work session. Mayor Trevino called the work session to order on February 8, 2013 at 10:04 a.m. with council and staff present as recorded. Mayor Trevino and City Manager Hindman gave opening remarks and each of the council members was given an opportunity for remarks. Mr. Pennington gave a brief overview of the planning session and reviewed the agenda and the objectives. Ground rules were established for the work session. Mr. Pennington reviewed key messages he collected from the council during his individual interviews with them prior to the work session. The issues and concerns identified by the council during their interviews as facing the city now and in the future were discussed. Mr. Pennington recapped from the last planning session the desired characteristics of how council wanted the community to look and feel in 2020 and beyond. The relevance of the characteristics were discussed with council providing additional input on desired characteristics for the City. Mayor Trevino recessed the work session at 12:00 p.m. and called the work session back to order at 1:01 p.m. The council reviewed the House Rules — Code of Conduct established at a previous goals work session and discussed ways to maximize two -way communications. Council reaffirmed the House Rules previously established and felt no modifications were needed. Council concurred that while some of the rules were not relevant for the existing council, they needed to remain in writing for future councils to understand expectations. Opportunities to improve communication were discussed with the discussion focusing on: • What staff does to allow council to be successful and what staff could do to enable council to be more successful or effective. • What council is doing that allows it to be successful and what could council be doing to help them to be more successful. • What council does that allows staff to be successful and what council could do to enable staff to be more successful. The following items were identified to improve communications related to council meetings: • Adjustments are needed to the speaker volume in the Council Chambers • Incumbent on developers to sell their projects and not rely on staff to sell their projects; staff's function is to explain how the project meets city regulations and provide recommendations from staff and the Planning and Zoning Commission. • Introduce items such as major ordinance changes at a work session meeting followed by a second meeting for formal consideration. • Refer purchase requests to the budget where possible • Simplify agenda numbers; reference only the agenda item number. • Be specific with stipulations /decisions when making council motions so that future council and staff know intent for future. Mr. Pennington reviewed the City's mission and vision statement. After a brief discussion, council reconfirmed the mission and vision. City of North Richland Hills Mission: To ensure an exceptional quality of life and long -term viability of North Richland Hills through local leadership and regional corporation. City of North Richland Hills Vision The City of Choice to live, work, and play A community for • Quality neighborhoods (sustainable & revitalized) • Exceptional family living and leisure activities • Access to great business and job opportunities. Mr. Pennington reviewed from the 2011 Goals Work Session who the council had established as the target population to five, work and play. After discussion, the council reconfirmed the target population. The Mayor recessed the work session at 2:15 p.m. and called the work session back to order at 2:35 p.m. The group discussed the gaps and barriers making it difficult to achieve their vision for the City. Gaps identified were related to execution, timing, city image, funding and communication to citizens. Mr. Pennington reviewed the Goal Implementation Report and the group identified and discussed the accomplishments they were most proud of achieving. The Mayor recessed the work session at 4:05 p.m. and called the work session back to order at 4:28 p.m. There was a discussion on key issues with council providing direction to staff: • Transportation participation and funding • Rail — continue meetings and to provide council with actual costs • Road — will need to target streets that have been damaged as a result of the 820 construction. • Re- development and code enforcement • Provide targeted mailer /communications to keep people informed • Provide annual economic and housing development update • Utilize religious community for assistance with residential revitalization • Areas for revitalization • Residential infill development philosophy • Look at lot size requests on a case -by -case basis • Provide a map of parcels available • Economic development plans and priorities c: Level to pursue • Leadership continuity Engage younger generation (boards) ■ Prioritize competing areas within city Conduct a workshop to determine which areas are types of uses • TOD — Iron Horse • Blvd 26 1 City Hall • Hometown • Loop 820 • TOD - Smithfield priorities for specific Council was asked to review the nine goals set at the previous planning work session in 2011 and to determine if the goals are still relevant or need to be modified. Goal #1: Quality Community Development and Revitalization Goal #2: Efficient and Effective Transportation Systems Goal #3: Safety & Security Goal #4: Financial Stability Goal #5: Positive City Image Goal #6: A Sense of Community Goal #7: Targeted Economic Development Goal #8: Local and Regional Leadership Goal #9: Efficient and Effective Delivery of City Services The consensus was all the goals are still relevant. Mayor Trevino recessed the work session for the evening at 6:15 p.m. and called the work session back to order on February 9, 2013 at 8:04 a.m. with council and staff present as recorded the previous day. Mr. Pennington reviewed the objectives and action items in the Goal Implementation Report for relevance. Items were removed that had been completed or were no longer relevant, modifications were made to some and new items were added. Goal #7: Quality Community Development and Revitalization Deletions: • Develop a traffic flow plan during the realignment of Maplewood in conjunction with the Loop 820 widening • Implement the Fossil Creek Watershed Area Revitalization Project • Continue aesthetic enhancements to the city's ground and elevated water storage tanks as tanks are rehabilitated Modifications: None. Additions: • Target commercial areas where infrastructure is being revitalized for increase compliance and cleanup • Target residential areas for compliance • Update the Comprehensive Plan • Implement new landscape standards for private properties along Loop 820 frontage • Identify individual neighborhoods as part of the Comprehensive Plan Update Goal #2: Efficient and Effective Transportation Systems Deletions: • Continue with the traffic signal video detection installation program as funding allows • Coordinate with "T" and TxDOT for double tracking rail line over Loop 820 Modifications: • Change "Obtain to "Implement /complete" resolution on Boulevard 26 intersection improvements and TxDOT approval • Change "Obtain" to "Implement/complete" resolution on Mid Cities & Davis Boulevard intersection improvements and TxDOT approval • Change "Obtain" to "Complete" resolution on Rufe Snow widening north of Mid Cities and TxDOT approval • Establish plans, secure funds and obtain NTEMP and TxDOT approvals to add a 2" d Bedford - 'Euless Exit off -ramp in 2011 — change date to 2015 Additions: • Work toward opportunities to secure two active commuter rail stations Goal #3: Safety and Security Deletions: • Help facilitate a combined Dispatch Center with several of our Fire and Police neighbors • Continue to develop an enhanced multi- departmental strategy for the Beat Management Program • Identify a funding source to design and create a Safety Town facility to assist in public safety education programs Modifications: • Inspect and maintain valves and fire hydrants to ensure — add "to ensure proper operation" • Maintain and improve if possible the city's current standing in the National Flood Insurance Program's Community Rating System for residents' flood insurance premiums — change status from ongoing to accomplished and ongoing • Conduct a "Shattered Dreams" program at a local High School — change status from completed to accomplished and ongoing • Add "police response times" to Maintain response times for Priority #1 calls to within 5'/2 minutes and Priority #2 calls to within 8 minutes Additions: • Evaluate opportunities to expand the use of CERT and YIPS • Partner with local schools to enhance safety Mayor Trevino recessed the work session at 9:34 a.m. and called the work session back to order at 9:45 a.m. Goal #4: Financial Stability Deletions: • Update Facilities, Fleet, Crime Control District (CCD), Parks Development, NRH020, Self- Insurance and Information Services (IS) long range plans at least annually • Apply for grants for community improvement and environmental education projects • Apply for grants to help revitalize neighborhoods through the NIP Program • Apply for grants to offset some costs associated with constructing a new animal shelter • Seek grants and alternative funding to help implement Capital Improvement Project (CIP) Long Range Plan for facilities Modifications • Seek upgrade and maintain current high credit rating with Moody's Investors and Standard & Poor's — remove "seek upgrade" • Develop a 5 year operating financial plan — change "plan" to "forecast" • The Police Department will actively pursue grant funding opportunities at the local, state and federal levels to offset operating costs when appropriate and obtain needed equipment — remove "The Police Department" • Develop and update long range GIP plans annually — change to "long range operational and CIP" Additions: • Monitor and maintain transparency Goal #5: Positive City Image Deletions: None Modifications: None Additions: • Seek youth input on communication strategies • Explore opportunities to capture the history of NRH Goal #6 A Sense of Community Deletions: • Prepare for the successful completion and opening of NRH Centre • Complete the Blvd 26 Trail • Recruit volunteer groups and organizations to assist in specific areas of the renovation of Adventure World Park • Complete design and construction of the new Food Services Facility at NRH2O for a targeted 2012 opening • Continue to expand the Spanish - language resources of the library • Participate in the BISD Tech Center Fire Training Program • Continue to evaluate options for sharing technology with our citizens • Continue working partnerships with local training institutions and with advanced educational systems • Research and develop a police department summer camp for area youth Modifications: • Update "Implement way finding signage in central sector of the city by 2012" to "Implement and expand way finding signage in the City" • Update "Complete design and construction documents for Little 'Bear Creek Trail and Calloway Creek Trail" to "Construct John Barfield Tail and Calloway Creek Trail" • Update "Plan for the renovation of Adventure World Park with completion of engineering and design plans by early 2012" to "Renovation of Adventure World Park and continue to recruit volunteer groups and organizations to assist in specific areas of the renovation of Adventure World Park" • Update "Continue the Sounds of Spring in 2012 and plan on transitioning to the new Civic Plaza in 2012" to "Continue the Sounds of Spring" • Update "Examine 20110 Census Data and analyze the impact of changes on library services for NRH. Incorporate demographic guidance into a revision of the Library Plan of Service" to "Examine demographic data and analyze..." o Council requested a presentation at a Council meeting from the Library Director on library trends - ebooks Additions: • Create and implement a strategy for where we hold special events o Council would like to appoint the Naming Committee to lead a task force that involves other boards and commissions to look at location for special events Goal #7: Targeted Economic Development No changes. Goal #8: Local Regional Leadership Deletions: None. Modifications: • Continue to be active in Regional Transportation Council, Tarrant Regional Transportation Coalition, Service Transportation Technical Committee, 1 -35 Coalition and Transportation Excellence for 21 Century (TEX -21) — moved to top of list Additions: • Continue and enhance the Citizens Civic Academy • Continue to be active in National League of Cities Steering Committees Goal #9: Efficient, effective delivery of City Services Deletions: • Invoice and permit all regulated facilities with a maximum ninety (90) day turn around • Implement pilot contract landscape services for specific parks and facilities for efficiencies and cost savings • Research the possibility of sharing parks equipment with other municipalities to maximize resources • Consider options for providing adult softball including the possibility of contracting out the service, hiring a professional part-time employee, establishing an Adult Softball Association or partnership with the City of Hurst to offer the program • Assist with future facility planning, design and construction (departmental goal) • Continually evaluate the opportunity to increase efficiencies through the use of technology • Continue to maintain a score of 4.7 or greater on the "Applicant Satisfaction Survey" (departmental goal) • Support implementation of the shared- service Communication and Detention facility • Develop strategy with legal counsel on seeking resolution to City owned property affected by Loop 820 expansion Modifications: • Provide a safe, healthy & humane shelter for stray animals — moved from top of list to middle of list • Reduce the number of animals euthanized solely for a treatable illness, injury or lack of space by returning pets to owners and increasing adoptions — moved from top of list to middle of list • Remove "current" from "Evaluate the City's ability to provide efficient services utilizing current technology" Additions: None The following were set as the highest city wide priorities for 2013 -2014: Highest Priorities: • Complete the Municipal Complex Facility • Resolve participation in regional rail • Cleanup of Boulevard 26 • Economic re- development • Move forward with conversion of current city facilities • Completion of Animal Shelter • Work with ISD's to maintain school safety The remaining will be continued at their current level of importance. Mr. Pennington discussed with council how they would like to define success for the coming year. Council identified as criteria for success — • Ability to complete or make progress towards achieving objectives • New businesses and citizen satisfaction survey • Council satisfaction Mayor Trevino adjourned the work session on February 9, 2013 at 11:56 a.m. U:1 U ZT6] 1 r14 1 ] Oscar Trevino - Mayor ►:ri1*16 Patricia Hutson - City Secretary M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject Agenda Item No. B.2 Approval of Minutes of April 8, 2013 City Council Meeting Presenter: Patricia Hutson, City Secretary Recommendation: To approve the minutes of the April 8, 2013 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 — APRIL 8, 2013 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 8 th day of April 2013 at 5:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Tom Lombard Tito Rodriguez Rita Wright Oujesky Tim Barth David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tern, Council, Place 3 Council, Place 1 Council, Place 2 Council, Place 4 (present at 6:21 p.m.) Council, Place 5 Council, Place 6 Council, Place 7 Staff Members: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Kristin James John Pitstick Larry Koonce Stan Tinney Kirk Marcum David Simmons Greg Lindsey Kyle 'McAfee JoAnn Stout Chun Mezger Clayton Comstock Jerry Lewandowski Greg VanNieuwenhuize Joe Pack Craig Hulse Bill Thornton City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary City Attorney Assistant to City Manager Director of Planning & Development Finance Director Fire Chief Assistant Fire Chief Assistant Fire Marshal Fire Marshal Assistant Fire Chief Neighborhood Services Director Humane Services Supervisor Senior Planner Purchasing Manager Engineer Senior Park Planner Economic Development Director Parks and Recreation Assistant Director Call to Order Mayor Trevino called the work session to order at 5:32 p.m. A.Q Discuss Items from Reaular Citv Council Meeting There were no questions from Council. A.1 Discuss the Schedulina of the Mav 27 Council Meetina Patricia Hutson, City Secretary, advised Council the May 27 Council meeting fell on the Memorial Day holiday and direction from Council was needed on the scheduling of the meeting. The consensus of Council was to reschedule the meeting to May 20. An item will be placed on the next Council agenda formally rescheduling the meeting. A.2 Discss Revisions to Chapter 14 of the Code of Ordinances and Appendix A — Animals Ms. Chun Mezger, Humane Services Supervisor, presented a PowerPoint presentation highlighting proposed changes to the Animal Ordinance. The primary purpose of the revisions is to make the section on dangerous dogs more restrictive. Additional definitions have also been added to the ordinance for clarification purposes as well as some minor housekeeping items. Staff surveyed neighboring cities' fees and some fee increases are also recommended to bring the City's fees in line with the average of the cities' surveyed. Ms. Mezger reviewed the proposed changes with Council. After discussion and questions from the Council, the Council concurred with the proposed revisions. An ordinance will be brought forward to Council for formal action at a future meeting. A.3 Discuss Revisions to Chapter 118. Article lull of the Code of Ordinances (Fencing and Screenina Reaulations Clayton Comstock, Senior Planner, presented a PowerPoint presentation highlighting proposed revisions to the screening and fencing regulations section of the Zoning Ordinance. Mr. Comstock discussed the following revisions and addressed Council's questions: • Rural Fence Types — would allow more rural fence types for properties zoned AG or R -1 -S with at least 150-foot street frontage and a minimum of one acre. • Screening of Outdoor Refuse Containers — revised to provide dumpster enclosure standards for material, dimensions, location, etc. In response to a question from Council, Mr. Comstock clarified the provision is not retroactive but is for new development or redevelopment o Council expressed concerns that the provision for gates to be fabricated from a minimum 20 gauge metal deck supported by a frame on spring - loaded or self - closing hinges might be an issue for some individuals to open. • Fences and Walls along Thoroughfares — would be required along C -4 -U or larger; the (height of the fence adjacent or perpendicular to the screening wall not to exceed the heights of the subdivision's screening wall; finished side facing C- 2-U or larger thoroughfare and chain link prohibited along street o Council expressed concerns with the prohibition of replacement chain link fences • Miscellaneous revisions addressing the screening of vehicles waiting repair, the use of "V" or "diamond mesh" or chain link fencing, the height of masonry columns • Maintenance of screening and fencing After discussion, Council concurred with going forward with the ordinance with the removal of the chain link prohibition. Council requested that the Planning & Zoning Commission review further the chain link prohibition. Staff will also confirm that the provision for the spring - loaded hinges on the dumpsters will not be onerous for individuals using the dumpsters. Stan Tinney, Fire Chief, presented follow -up information to the Council from the prior work session. Since the February work session, Staff has examined the proposal and discussed options. Additional meetings have been held with Chesapeake, TCEQ was consulted, and inspection methods and frequencies were reviewed. The annual fee is intended to offset the costs of regulating, monitoring, inspection and equipment associated with gas production in North Richland Hills. The Gas Well Inspector is not the only expense but it is one of the primary direct expenses incurred. Chief Tinney reviewed the goals and objections in conducting gas well inspections and explained how the inspection procedure was developed Council was advised that the cost of performing gas well inspections and monitoring is 100% related to gas production and the annual fee helps to offset the annual cost of $115,700. Chief Tinney presented a scaled down version of the original Inspection Plan that would reduce the time involved to approximately 60% of the original estimates. Chief Tinney reviewed the fee option previously presented to Council ($15,000 per pad site) and then presented an Option B that would increase the annual gas permit fee to $8,000 per site. Councilman Barth present of 6.29 p.m. Council questioned and discussed Option B only netting the city $72,000 per year while the annual cost to the City to maintain the safety and security of all sites is $115,000. After further discussion, Council concurred with the Option B recommendation and Staff will bring forward an ordinance change for formal consideration at the next council meeting. A.5 Discuss possible zonina text revision to clarifv commercial zonina district nomenclature Clayton Comstock, Senior Planner, presented a recommendation to Council that would remove all references to the NS, CS and HC zoning districts from the Zoning Ordinance and reclassify them to their former names of LR, C -1 and C -2. Mr. Comstock explained that with the adoption of the 2001 Comprehensive Plan the nomenclature of the City's zoning districts were changed to match the nomenclature of the Comprehensive Land Use Plan. This created the NS, CS and HC Districts while keeping the LR, C -1 and C -2 districts. In 2008, an ordinance was approved that removed the differences between the two sets of regulations. These changes have resulted in confusion, duplication, text revisions and delay. Staff is recommending renaming the LR (Local Retail) zoning district to a new NS (Neighborhood Services) zoning district, renaming the C -1 (Commercial) zoning district to a new R (retail) zoning district and renaming the C -2 (commercial) zoning district to a new C (commercial zoning district). It only renames the zoning district name and will not change the existing regulation or land use entitlement. Any property that is currently zoned NS, CS or HC will be notified of the renaming of their district as well as the property owners with 200 feet of those properties. This will impact 31 properties with commercial zoning since 2002. Council concurred with Staff's recommendation. B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551. Texas Government Code B.1 Executive Session: Pursuant to Section 551.087 Texas Government Code Reaardina Economic Development Incentive in Northeast Sector of Citv Mayor Trevino announced at 8:38 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to Section 551.087 regarding economic development incentive in the northeast sector of the city. C.0 Adiournment Mayor Trevino announced at 7:08 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING City Council Minutes April 8, 2013 Page 4 Council questioned and discussed Option B only netting the city $72,000 per year while the annual cost to the City to maintain the safety and security of all sites is $115,000. After further discussion, Council concurred with the Option B recommendation and Staff will bring forward an ordinance change for formal consideration at the next council meeting. A.5 Discuss possible zoning text revision to clarify commercial zoning district nomenclature Clayton Comstock, Senior Planner, presented a recommendation to Council that would remove all references to the NS, CS and HC zoning districts from the Zoning Ordinance and reclassify them to their former names of LR, C -1 and C -2. Mr. Comstock explained that with the adoption of the 2001 Comprehensive Plan the nomenclature of the City's zoning districts were changed to match the nomenclature of the Comprehensive Land Use Plan. This created the NS, CS and HC Districts while keeping the LR, C -1 and C -2 districts. In 2008, an ordinance was approved that removed the differences between the two sets of regulations. These changes have resulted in confusion, duplication, text revisions and delay. Staff is recommending renaming the LR (Local Retail) zoning district to a new NS (Neighborhood Services) zoning district, renaming the C -1 (Commercial) zoning district to a new R (retail) zoning district and renaming the C -2 (commercial) zoning district to a new C (commercial zoning district). It only renames the zoning district name and will not change the existing regulation or land use entitlement. Any property that is currently zoned NS, CS or HC will be notified of the renaming of their district as well as the property owners with 200 feet of those properties. This will impact 31 properties with commercial zoning since 2002. Council concurred with Staff's recommendation. ' B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized bV Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.087 Texas Government Code Regarding Economic Development Incentive in Northeast Sector of City Mayor Trevino announced at 6:38 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to Section 551.087 regarding economic development incentive in the northeast sector of the city. Mayor Trevino adjourned the Executive Session at 7:07 p.m. and called the open meeting of the work session back to order. Mayor Trevino announced that Item F.1 was being removed from the agenda and no action would be taken. C.0 Adjournment A.0 CALL TO ORDER Mayor Trevino called the meeting to order April 8, 2013 at 7:15 p.m. I:t91 I IK+1',1 I I Present: Oscar Trevino Tom Lombard Tito Rodriguez Rita Wright Oujesky Tim Barth David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tem, Council, Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 Staff: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney A.1 INVOCATION Councilwoman Wright Oujesky gave the invocation. A.2 PLEDGE OF ALLEGIANCE Luke Grimmer, Scout Troop 98, led the pledge of allegiance. Mr. Grimmer is a senior patrol leader working on his citizenship in community merit badge. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) — PRESENTATION OF THE TEXAS GOLD MEDAL AWARD TO PARKS AND RECREATION Mr. Jared Miller, Assistant City Manager, recognized the Parks and Recreation staff for being named the 2013 Texas Gold Medal Award Winner by the Texas Recreation and Park Society in the 50,000 — 100,000 population category. Mr. Miller introduced Mr. Kevin Mitchell, past president of Texas Recreation and Park Society. Mr. Kevin Mitchell presented the 2013 award to the Parks and Recreation Department and the City. The award honors communities that demonstrate excellence in long -range park planning, park and recreation resource management, community programs and events, public input, marketing efforts and agency recognition during the past three years. AA CITIZENS PRESENTATION Mr. Lafet Weaver, 7100 Winchester Road, North Richland Hills, addressed the Council on an issue with the Police Department regarding a search warrant executed by the police at his residence. Mayor Trevino requested Chief Perdue meet with Mr. Weaver. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA 0 14 =0 B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF MARCH 25, 2013 CITY COUNCIL MEETING B.2 AWARD BID # 13 -012 FOR AQUATIC CHEMICALS TO DCC INC. AND VALLEY SOLVENTS & CHEMICALS IN AN AMOUNT NOT TO EXCEED $98,126 B.3 AUTHORIZE THE AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE JOHN BARFIELD AND CALLO'WAY BRANCH HIKE AND BIKE TRAILS TO 2L CONSTRUCTION LLC, IN THE AMOUNT OF $2,693,006.40 B.4 AUTHORIZE PAYMENT TO MOTOROLA SOLUTIONS, INC. IN THE AMOUNT OF $103,938.98 FOR THE PURCHASE OF EMERGENCY PUBLIC SAFETY RADIOS AS PART OF THE REGULAR REPLACEMENT PROCESS OF THE RADIO FLEET AND FOR THE PUBLIC SAFETY REPLACEMENT VEHICLES MAYOR PRO TEM LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.4 PUBLIC HEARINGS C.1 PUBLIC HEARING AND CONSIDERATION OF ORDINANCE ADOPTING YOUTH PROGRAMS STANDARDS OF CARE - ORDINANCE NO. 3245 APPROVED Mayor Trevino opened the public hearing. Mr. Ron Newman, Program Coordinator, presented a request for approval of an ordinance that will readopt the North Richland Hills Youth Programs Standards of Care. A public hearing and adoption of an ordinance is required by the Texas Department of Family and Protective Services for an exempt status for day care licensing. Municipal day camp youth programs for elementary age children are required to meet day care licensing requirements or file for an exemption. The City's day camp program meets, and in some areas exceeds, many of the standards in the State's regulations. The City's Standards of Care are provided to the parents of each program participant and are on the City's website. The Park Board reviewed the Standards of Care in February and recommends adoption. Mayor Trevino called for those wishing to comment on the Youth Programs Standards of Care. There being no one wishing to speak, Mayor Trevino closed the public hearing. MAYOR PRO TEM LOMBARD MOVED TO APPROVE ORDINANCE NO. 3245. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 CONSIDER APPROVAL OF A RESOLUTION SUPPORTING THE BIRDVILLE INDEPENDENT SCHOOL DISTRICT BOND REFERENDUM — RESOLUTION NO. 2013 -013 NO ACTION TAKEN Mayor Trevino announced the item was being removed from the agenda and no action would be taken. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA rfTiT:1A H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Barth made the following announcements. Dia My Garden Photo Contest Keep NRH Beautiful is hosting its 2013 "1 Dig My Garden" Photo Contest from May 1 through. July 31. Entries must be photos from Forth Richland Hills residential or commercial properties that capture the best of these categories: Entry forms are available at City Hall; Neighborhood Services or at www.nrhtx.com /r)hotocontest. Winning photos will be displayed on the city's website and the winner will receive a $25 gift card from a local nursery. Questions can be directed to 817- 427 -6550. Mavor's 5k Fun Walk To celebrate the 1 year anniversary of the NRH Centre for activities, fitness and aquatics, Mayor Trevino will host a 5k fun walk on Saturday, April 20, 2013 and is inviting the community to join him on a path to better health. Participants will walk a 3.1 mile loop route that will begin and end at the NRH Centre, 6000 Hawk Avenue. The Mayor's 5K Walk will begin at 9:00 a.m. and is free for all ages. Purchase Mayor's Walk T -shirts in advance for $10 and wear it the day of the event. For more information, please contact the NRH Centre at 817- 427 -6600. Sounds of Sr)rinq Bring the family to relax and enjoy music and fun at the North Richland Hills' annual Sounds of Spring Concert Series. Concerts will be held in a new location this year, at the NRH Centre plaza, 6000 Hawk Avenue, located between the NRH Centre and the NRH Public Library. Concerts will be held each Friday from April 26, 2013 through May 17, 2013 starting at 7 p.m. Admission is FREE (Don't forget to bring a lawn chair.) Concessions will be offered for sale and there will be a free kids zone with games and other children's activities. For more information please call 817 -427 -6600. Kudos Korner — Diane Morgan, Liz Brockman and Peggy Hoffpauir Lewis, Library. A library patron submitted the following on a library service comment card, "I just wanted to thank Diane, Liz and Peggy that helped me out today. I visited today with my two toddler grandchildren and I was so impressed with the service that I received. We felt so welcome from the front desk where we got a library card to story time and crafts. Again, thank you for making it truly a wonderful day." H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:42 p.m. Oscar Trevino — Mayor ►_1a11* 6 Patricia Hutson, City Secretary M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject: Agenda Item No. B.3 Award Bid 13 -009 for Annual NRH2O Food Service Products to Multiple Vendors in an amount not to exceed $150,000 Presenter: Bryon Bustamante, NRH20 Food & Beverage Retail Coordinator Summarv: This item is to award Bid 13 -009 NRH20 Food Services Products for the 2013 season annual contract to multiple vendors. The annual contract will cover a five (5) month period (April 22 through Sept 30, 2013). General Descrit)tion: Bidders were requested to submit prices on a list of specific food items as well as specific brands that were high volume sellers over the past year. Evaluation factors included brand of food item offered, price, quality, and customer service response. Items will be awarded by section as indicated in the bid specification. Although the contract will be awarded by section, the total will exceed $50,000. Therefore, staff is recommending this contract be approved by the City Council. This competitive bid was advertised to the public through the Fort Worth Star Telegram and via the North Richland Hills website. Seven (7) bids were received from the following firms: Ben E. Keith Flowers Baking Co Blue Bell Sysco Foods Texas Beverage C. D. Hartnett Texas Twist Section Description Primary Vendor Secondary Vendor A CORE MEATS Sysco Foods CD Hartnett B MISC MEATS Sysco Foods CD Hartnett C FRIES Sysco Foods CD Hartnett D CHIPS Sysco Foods CD Hartnett E PIZZA Sysco Foods CD Hartnett . F BREAD CD Hartnett Sysco G CONDIMENTS Sysco Foods CD Hartnett H MISC FOODS Sysco Foods CD Hartnett I FOOD SERVICE CHEMICALS Sysco Foods CD Hartnett J DRYGOODSIPAPER PRODUCTS CD Hartnett Sysco Foods K NACHO SAUCES CD Hartnett Sysco Foods L SNACKS Sysco Foods CD Hartnett M NOVELTY ICE CREAM Blue Bell NIA N SLUSH Texas Beverage NIA Sysco Foods and C.D. Hartnett who will be providing the majority of the items, have a history of providing good reliable service to NRH20 over the past several years. The remaining vendors have also provided good service to the Park for various commodities. Recommendation: To Award Bid 13 =009 for Annual NRH Food Service Products to Multiple Vendors in an amount not to exceed $150,000. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject: Agenda Item No. BA Reschedule the May 27, 2013 City Council Meeting to May 20, 2013 Presenter: Patricia Hutson, City Secretary Summarv: The May 27, 2013 City Council meeting is being rescheduled due to the Memorial Day Holiday. General Descriration: The May 27 City Council meeting falls on the Memorial Day Holiday and city offices will be closed. Council discussed rescheduling the meeting during the April 8 Council Work Session. The consensus of the City Council was to reschedule the meeting to May 20, 201' 3. Recommendation: To reschedule the May 27, 2013 City Council Meeting to May 20, 2013. M RH COUNCIL MEMORANDUM From The Office of the City Manager Subject: Agenda Item No. B.5 Approval of Agreement Exceeding $50,000 Date: 4 -22 -2013 with the Todd Company for an Amount Presenter: Chris Swartz, NRH20 Park Manager Summarv: Council approval is sought for NRH20 Family Water Park's media expenditures for the 2413 Season. General Description: NRH20 Family Water 'Park, as a themed water park, advertises its services to the general public. To accomplish this, various media channels are used including radio and television. To ensure the park wisely invests its resources, a professional media buyer is used to recommend placement and monitor radio and television advertisements. The park currently uses the Todd Company for all of our media buying. There is a long standing relationship with this organization and they have served the park well. Located in Arlington, Texas, their local knowledge and the relationships they have developed with various media channels have proven to be an asset to the park. Advertising is exempt from the bidding process as contained within the Texas 'Local Government Code, Title 8, Subtitle A, Chapter 252.022 Purchasing and Contracting Authority of a Municipality. Because the expenditure exceeds $54,000, internal policies require City Council approval. Staff is requesting authorization for an expenditure in excess of $50,044, with the caveat that it does not exceed NRH2O's Council approved budget for advertising expenses. Recommendation: To approve an expenditure with the Todd Company in excess of $50,004 to be used for the purchase of media advertising for NRH Family Water Park. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject: Agenda Item No. B.6 Consider Contract Renewal with Redflex Traffic Systems, Inc. Presenter: Jimmy Perdue, Director of Public Safety Summarv: Authorize the City Manager to execute a contract extension between The City of North Richland Hills and Redflex Traffic Systems, Inc. for the Red Light Automated Traffic Signal Enforcement Program General Descriration: Council approved the Automated Traffic Signal Control Ordinance (Ordinance No. 2911) on November 13, 2006. The Red Light Automated Traffic Signal Enforcement Program has been successful at reducing the frequency of crashes at the monitored intersections and has had a impressive effect on reducing crashes at non - monitored intersections. From reporting period 2009 -2010 and the reporting period covering 2011 -2012, an 80 % reduction in the number of reported crashes at camera - monitored intersections has been experienced. Because of this program, this reduction was achieved at no net expense to the city budget. The contract renewal with Redflex Traffic Systems extends the terms for an additional ten years and allows for renewals for up to two additional five -year terms, subject to annual appropriation(s). It should be noted that the contract contains a "Termination for Convenience" clause which allows the City to end the relationship with 90- days' notice. In addition, the contract price was successfully reduced from the previous level resulting in an approximate $22,000 reduction in annual program expenses. Recommendation: Authorize the City Manager to execute a contract extension with Redflex Traffic Systems, Inc. for the Red Light Automated Traffic Signal Enforcement Program AMENDMENT TO THE EXCLUSIVE AGREEMENT BETWEEN THE CITY OF NORTH RICHLAND HILLS, TX AND REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM This Amendment ("Amendment ") is made as of the date of the last signature contained herein to the Agreement for Photo Red Eight Enforcement Program (the "Agreement ") executed on or about , 2013 between Redflex Traffic Systems, Inc. ("Redflex "), a Delaware Corporation with offices located at 23751 N. 23rd Avenue, Suite 150, Phoenix Arizona 85085 and North Richland Hills, Texas, a municipal corporation with offices at 7301 NE Loop 820, North Richland Hills, Texas 76180, individually the "Party" and collectively referred to as the "Parties ". RECITALS WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and citation processes related to digital photo red light enforcement systems; and WHEREAS, the Customer desires to continue to engage the services of Redflex to provide certain equipment, processes and back office services so that Authorized Employees of the Customer are able to monitor, identify and enforce photo red light violations; and WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the incidence of vehicle collisions on municipal streets that will be monitored pursuant to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the Parties amend the Agreement as follows: AMENDED TERMS AND CONDITIONS 1. Extension of Initial Term. The term of the Agreement shall be extended for an additional ten (10) years ( "Extended Term") commencing on Argil 30, 2013. Thereafter, the Agreement shall automatically renew for up to two (2) additional five (5) year terms unless the Customer provides Redflex written notice of non - renewal at least thirty (30) days prior to expiration of the then current term. 2. EXHIBIT "D" PRICING & COMPENSATION. Commencing on the effective date ofthis Agreement the customer shall be obligated to pay Redflex a fixed fee of$4,870.00 per month for each Designated Intersection Approach ( "Fixed Fee ") as full remuneration for performing all of the services contemplated in this Agreement. Business Assumptions are hereby amended to read as follows: I. Redflex construction will be able to utilize existing conduit for installation where space is available. H. The Customer agrees to pay Redflex within. thirty (30) days after the invoice 1S received. A monthly late fee of 1.5 % is payable for amounts remaining unpaid 60 days from date of invoice. 3. Exhibit "B" of the Agreement entitled "Construction and Installation Obligations" is hereby amended by adding Redflex Obligations 1.20, Redflex, at its sole expense shall upgrade the video detection equipment to other preferred detection devices as mutually agreed to by both parties in writing, in accordance with the schedule mutually agreed to by Redflex and North Richland Hills Police Department Program Manager with oversight of the Red Light Camera Program at the following existing Designated Intersection Approaches: I. NRH- DALO -01 Davis Blvd & Lola Dr. II. NRH- DANA -01 Davis Blvd & Harwood Rd Ill. NRH- DAMA -01 Davis Blvd & Maplewood Ave BNB) IV. NRH- D1A2V1A -02 Davis Blvd & Maplewood Ave (SB) 4. Termination for Convenience. The Customer may terminate this Agreement without cause at any time by giving ninety (90) days written notice of termination to Redflex. In the event the Customer terminates this Agreement without cause the Customer shall pay Redflex an amount equal to the unamortized costs, as hereinafter defined, of the direct labor costs and direct material costs (but not including equipment costs and salvageable material costs) solely associated with the installation of Intersection Approaches which have been installed prior to termination based on the following: A seven (7) year, month by month amortization schedule for new Intersection Approaches (referred to as the "Intersection Awroach 7 Year Amortization Schedule" and attached to this Amendment as Exhibit "A ". This amortization schedule shall commence as of the "Go- Live" date of each new Intersection Approach, and shall apply only to new Intersection Approaches which are added after the execution of this agreement. Redflex shall provide an itemization estimate thirty (30) days prior to installation to the Customer reflecting the cost of labor and direct material costs, then Redflex shall provide an itemized statement with supporting invoices and labor expense documentation, to the Customer of the amount of direct labor costs and direct material costs (but not including equipment costs and salvageable material costs) solely associated with the installation of an Intersection Approach within thirty days of the completion of each intersection approach, said amount is expected to be in the range of $20,000 to $40,000 per Intersection Approach, but in no event shall said amount exceed $40,000 per Intersection Approach. 5. Enforceability. This Amendment is intended to modify, supersede and replace certain terms and conditions stated in the Agreement. Unless expressly stated in this Amendment between Customer and Redflex will remain enforceable. If any terms and conditions contained in this Amendment are inconsistent with the Agreement, the terms and conditions contained in this Amendment will be controlling. 6. Relationship between Redflex and the Citv. Nothing in this Amendment or the Agreement shall create, or be deemed to create, a partnership, joint venture and/or the relationship of principal and agent and/or employer and employee between the Parties. The relationship between the Parties shall be that of independent contractors, and nothing contained herein shall permit, authorize, sanction and/or allow, at any time, either Party to incur any debts and/or liabilities on behalf of the other Party. 7. Headings. The captions, titles, paragraph headings used in this Amendment are for convenience only, and are not a. part of this Amendment, and shall not be deemed relevant in construing and/or interpreting this Amendment. S. Execution And Counterparts. This Amendment may be signed in counterparts, and each counterpart shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties agree that such counterpart shall be effective and enforceable on or about the date of the last required signature. 9. Covenant of Further Assurances. All Parties to this Amendment shall take, undertake, approve, sanction, and perform, in full, any and all acts and activities and execute and deliver any and all certificates, documents, permits, licenses, agreements, contracts, written instruments and other papers deemed necessary and appropriate for successful and complete compliance with each and every term and condition of this Amendment. 10. Authority to Execute. The undersigned individuals hereby warrant and represent that they have full authority to execute this Amendment on behalf of the entities for which they have signed. 11. I,eaal Competence. The Parties hereto expressly represent and warrant that they are legally competent to execute this Amendment and that they do so of their own free will and accord without reliance on any representations of any kind or character not expressly set forth herein. 12. No Duress. The Parties expressly represent and warrant that this Amendment has been freely and voluntarily entered into and that the Parties did not execute this Amendment under duress of any bind, from any Party or person, regardless of whether they are a signatory hereto. 13. Joint Efforts. This Amendment has been prepared by the joint efforts of the respective attorneys for the Parties and each Party acknowledges and agrees that the general rule of contract construction providing that the provisions of a contract are to be strictly construed against the drafter of the agreement is hereby waived. 14. No Waiver. No waiver of any of the terms of this Amendment shall be binding unless in writing and signed by all Parties hereto. No waiver of any term of this Amendment shall be deemed a waiver of any subsequent breach or default of the same or similar nature. 15. Severability. The invalidity or unenforceability of any paragraph or provision of this Amendment shall not affect the validity or enforceability of the remainder of this Amendment, or the remainder of any paragraph or provision. This Amendment shall be construed in all respects to the fullest extent permitted by law, and as if any invalid or unenforceable paragraph or provision was omitted. 16. Understanding. The Parties to this Amendment represent that they have received independent advice of counsel concerning the meaning and legal effect of the terms of this Amendment. After such counseling, the Parties represent that they fully understand this Amendment and its terms, and, with this full understanding, voluntarily enter into this Amendment as evidenced by signing it below. The Parties have read and understand all terms and conditions of this Amendment. 17. Binding Effect. This Amendment shall inure to the benefit of and be binding upon the assigns and successors of the respective Parties. 18. Enforceability of Non - Amended Terms and Conditions. Except as expressly amended in writing in this Amendment, the terms and conditions of the Agreement and any and all attachments and exhibits thereto are incorporated herein by reference and shall remain enforceable and in firll force and effect. (The remainder of this page is left blank intentionally) IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as set forth below. Approved as to form, content and legality: THE CITY OF NORTH RICHLAND HILLS: Date: By: Name. REDFLEX TRAFFIC SYSTEMS, INC.: Date: By: Naine: Robert DeVincenzi Title: Title: CEO End of Document. IMMMUIIMINEW -. xxlxxJ20xx f xxhExf20xx xxlxx120xx ` xxlxx120xx xxJxxf24xx xx/xx120xx xxlxx/20xx xxlxx120xx xx /xxl20xx xxlxx120xx xxJxxl20xx xx/xxl20xx - xx/xxf20xx xx/xx/20xx xx /xx120xx xx/xx/20xx xx/xxl20xx xx/xxf2oxx xx/xxJ20xx f xx/xx/20xx xx/xxf20xx xx6xxl2oxx i xx/xxl20xx xx/xx/20xx xx/xxl20xx xx/xx/20xx xx/xxl20xx XK/xxf20xx xxfxx120xx xxlxx/20xx xx/xx120xx xx/xxaoxx xxlxx120xx i xxlxx/20xx xxlxxnA" xxlxxaoxx I xx/xx/20xx xxlxxJ20xx 4 xxlxxJ20xx xxlxxnoxx xxfxxf20. . I xxlxxl20xx xxlxx120xx "Intersection Anproach 7 Year Amortization Schedule" Nv mbar of monihs. Used 0 2. 3 4 S 4 7 8 4 10 11 12 13 E4 i5 1fi E7 18 19 20 21 22 23 24 25 26 27 28 24 30 31 32 33 34 35 36 37 38 39 40 41 42 Months Suai of Cap $20K "Go Live" Number of Months Remaining Dtinevation -f49K Dale months used I Remaining 84 $476.19 $10,000.0 xxlxxJ20xx 43 41 $476.19 515,238.12 547619 $14,761.91 $476.19 514,285.74 83 $47619 $39,523 8 xx/xxf20xx 44 40 82 $476.19 $39,047.6 xxlxxf^_0xx 45 34 $47319 $10,45241 $476.19 510,476.22 $476.19 510,000.03 81 $476.19 $38171.4 xx1xxl20xx 46 38 80 5476.19 $36,095.2 xxlxKnoxx 47 37 79 $47614 S37,619.0 xxJxxf20xx 48 36 5476.19 $5,238.13 $476.19 $4,761.94 $476.19 54,285.75 78 $476.19 $31,142.8 xxlxxl20xx 49 35 77 $476.19 $36666.6 xxlxx120xx 50 d 34 547619 $952.42 $476 14 $47623 S476.19 $004 76 $476.19 $36,1`90.4 xxlxxl20xx 51 I 33 75 $476.19 $35,714 2 xxfxxl20xx 52 I 32 74 $476.19 535,238.1 xxlxx120xx 53 31 73 5476.19 5}4. xxlxxf20xx 54 30 72. $476.19 534,285 7 xxlxx120xx 55 29 71 $476.19 $33,809.5 xvxxJ20xx 56 28 70 $476.14 533,333.3 xx/xx120xx 57 27 69 5476.19 $32,857.1 xxlxxl20xx 58 26 68 $476.19 532,3809 Wxxf2oxx 59 25 67 $476.19 $31,904.7 xxlxxf26xx 60 24 66 $476.14 J $31,28.5 (xfxK/20xx 61 23 65 5476.19 I $30,9523 xxlxx120xx 62 22 64 5476.19 4 $30,476.2 xx /xx/20xx 63 21 63 5476.14 + $30,000.0 xxfxx120xx 64 20 62 $476.19 I $2023 8 xxlxxl20xx 65 19 61 $476.19 I 529, 7.6 xxW20xx 66 18 _ 60 S476.19 f28,571.4 xxlxxt20xx 67 17 59 $476.19 528,695.2 xxlxxf20xx 68 16 58 5476.19 527,6190 xxlxxf20xx 69 IS 57 $476.19 527,1428 xxlxx120xx 70 14 56 $476.19 $26,666.6 xxlxxJ20xx 71 13 55 $476.19 526,190.4 "Junoxx 72 12 54 $476.19 $25,714.3 xxfxV20xx 73 11 - 53 I - - 5476.19 I $25.238 1 xx/xxd20xx 74 10 52 $476.19 S24, xxlxxJ20xx 75 9 }61.9 51 5476.19 f $24,285 7 xxlxxRETxx 76 8 50 1476.19 I $23, -5 xxlxx126xx 77 7 49 547619 $23,333.3 xxlxxl2oxx 78 6 48 $476.19 $22,857.1 xxlxxl20xx 79 5 47 $47619 S22,�80.9 xx/xxf20xx 80 4 46 5476.19 $21.904.7 xxlxxrAxx 81 3 45 $47619 121,428.5 xx/xxl20xx 82 2 44 $47619 $20,952.4 xxlxx/20xx 83 1 43 $476.19 520,1762 xx/xxJ26xx 84 0 $20,16.0 42 5476.19 $476.14 519,523.83 $476.19 519,047.64 5476.19 $18,571.45 5476.19 $18,095.26 $476.19 517,619.07 5476.19 $17,142.88 5476.19 $16,666.69 5476.19 S16,19050 5476.19 $15,71431 $476.19 515,238.12 547619 $14,761.91 $476.19 514,285.74 $47619 513,809.55 547619 SI3,333.36 $476.19 I $12,857.17 $47614 512,380.98 $476.19 $11,904.79 $476.19 511,428.60 $47319 $10,45241 $476.19 510,476.22 $476.19 510,000.03 $476.19 59,523.84 5476.19 59,047.65 $476.19 $9,571.46+ $476.19 58,09527 $476.19 $7,619.08 5476.14 57,142.89 $476.19 56,666.70 $47619 $6,190.51 $476.19 $5,714.32 5476.19 $5,238.13 $476.19 $4,761.94 $476.19 54,285.75 $47619 $3,809.56 S476.19 $3,333.37 $476.14 52,857.18 $476 $2,380.99 $476.19 $1,90480 $47619 $1,428.61 547619 $952.42 $476 14 $47623 S476.19 $004 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject Agenda Item No. C.0 PUBLIC HEARINGS M KH COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -22 -2013 Subject Agenda Item No. CA TR 2013 -02 Public Hearing and Consideration of Amendments to Article VIII "Screening And Fencing Regulations" and Section 118 - 001 "Definitions" of the North Richland Hills Zoning Ordinance - Ordnance No. 3244 Presenter Clayton Comstock, Senior Planner ITEM SUMMARY; TR 2013 -02 (Ordinance No. 3244) is a proposed text revision to the City's Screening and Fencing Regulations section of the Zoning Ordinance (Article VIII). The primary purpose of this ordinance is three-fold 1. To provide greater flexibility for rural fence tvDes in North Richland Hills, 2. To address minimum standards for dumDster enclosures; and 3. To address fencina along collector and arterial streets. An optional Chain Link Fence Amendment may also be presented to City Council for adoption, pending the Planning & Zoning Commission's feedback at their April 18 meeting. RURAL FENCE TYPES: This text revision would allow more rural fence types such as post - and -rail, post- and - board, pipe, and split rail for properties that are zoned R -1 -S or AG and have at least one acre of property and 150 feet of frontage on a street. This is in response to some rural homeowners' requests for such a provision and City Council's recent comments regarding the rural character of certain areas in NRH. Current regulations require wrought iron and masonry columns and thus do not permit such fence types as: i1 _r i Room.— �.. r °.. Examples of fence types currently not permitted by Code. The proposed text would read as such: A Rural Fence may be permitted in the from yard of any property zoned AG or R -1 -S, with a minimum of one acre, and with at feast 150 feet of frontage on a street. Said Rural Fence may not exceed five feet in height and may be one of the following fence types: mortised split rail, wrought iron or ornamental metal, tubular steel pipe, post- and -rail, or post- and - board. The use of cable may be permitted in conjunction with tubular steel pipe fencing. The use of continuous square mesh fencing, or `non- climb" fencing, and/or masonry columns spaced 20 to 50 feet on center may be used in conjunction with any of the aforementioned Rural Fence types. The use of barbed wire or electric fencing for the purpose of livestock containment shall only be permitted in conjunction with any of the aforementioned Rural Fence types. r RTC The areas that this ordinance would affect are all located north of Mid - Cities Blvd and include such roads as Valley, Continental, Little Ranch, Meadow Creek, Eden, and Rumfield. The map at left will be presented in the Public Hearing to describe the areas in yellow (R -1 -S) and green (AG) in more detail. One distinction is that not all R -1 -S and AG properties will be permitted the right for a rural fence. In addition to the zoning, properties must have at least 150 feet of frontage along a street and must have at least one acre. Many non - conforming AG lots have less than one acre and/or less than the frontage requirement and some R -1 -S lots have less than the frontage requirement. No fence permitted is Staff has also structured it so that front yard fences s have a tiered approach: Wrought iron +omamental metal Rural fences permitted (i,e. fence permitted, max. 4' tall. with past- and -rail, post - and - board, or without masonry columns pipe, split rail) with or without masonry columns Wrought iron + omamental metal fence permitted, max. 6 tall, requires masonry columns { W Residential Front Yard Fence Types SCENIC CITY RECOMMENDATIONS: The City of North Richland Hills received the "Silver" designation by the Scenic City Certification Program, a program that recognizes municipal development policies that promote quality development and environmental stewardship. NRH was only 15 points short of the "Gold" designation and the Program administrators have allowed applicants until April 30, 2013 to submit documentation of newly adopted ordinances that addresses points that were not awarded. The recent passage of the Outdoor Lighting Ordinance should provide us with 5 points, and clarifications to our current policies that weren't awarded any points previously may result in an additional 6 points. One area that the Program recommended changes to our regulations was dumpster enclosures and screening. There are an additional 9 points possible as a result of these revisions. Together with those listed, the City may be able to receive the Gold" designation. DUMPSTER ENCLOSURES: This section was revised to provide dumpster enclosure standards for size, height, material, etc. Many of the items covered in this revision had already been addressed, but not as specifically as perhaps they should have been. To summarize the revisions, dumpster enclosures are required: 1. Masonry and consistent with the primary building 2. Minimum of 12 ft by 12 ft in size with a pedestrian access gate or opening 3. Minimum of six feet in height 4. Equipped with a solid metal gate with self - closing hinges; 5. Landscaped when sited adjacent to open space area 6. Located and oriented to minimize visual impact I � § A' wfda 9aie. 3 YI Furthermore, a design specification (right) has been provided to illustrate the standards. This design is based on one provided by the City's _ contracted waste collection provider and has been incorporated into site plan reviews for some time. vvncraEc pad width Inalpe .�lowrelsn92h -1P' _� C) r ; fyp. eh_h pope bnlla rd cart enclwm- M 3 14,' diametrx 6y1 -V2' deeps ef: gate ga as dolts.. 2 sec +e le Ire vlvpaA?�d open P eW�aa yips b.11. N strafe pad deaigaed W wifa era ed 70,000# Pe- Finair Wh"I lwda Following City Council's work session on April 8, the Chief Building Official was consulted once more to confirm that the ordinance's provisions regarding the required gate specifications could be implemented successfully to meet the ordinance's intent. He said there are a wide variety of hinge options that can be used for heavier gates and the cost increase is nominal. FENCING FACING A COLLECTOR OR ARTERIAL: Unrelated to the Scenic City program recommendations yet a recommendation of the 2001 City Image Study is the quality and design of fencing facing major and minor thoroughfares in NRH. Specifically, the City Image Study recommended: "Replace unsightly privacy fences along thoroughfares. A plan to replace dilapidated privacy fences visible from major and minor thoroughfares should be developed. Masonry walls should be constructed to eliminate this problem. A uniform masonry wall design should be selected that would continue the length of a thoroughfare creating character and identity for each street. This design would be addressed in a thoroughfare master plan." While staff is not proposing such a drastic solution to the thoroughfares, one step in the right direction may be to require any wood privacy fence facing a collector or arterial street to face its smooth side to the right -of -way and keep all posts internal to the lots. Another proposal is to not allow a wood privacy fence to extend beyond the height of a subdivision screening wall. Pictures and examples of bath these issues will be presented by staff. CHAIN LINK FENCES: In staffs original proposal, all new and replacement chain link fences would be prohibited moving forward. At the Planning & Zoning Commission's public hearing, the Commission recommended removing the chain link fence prohibition. City Council then asked at their April 8 Work Session to have a clearer, less onerous policy on the matter that focused more on new chain link fencing. To that end, the following text is being presented to the Planning & Zoning Commission on April 18. Depending on how that meeting goes, staff may ask City Council to consider this text as an amendment to the proposed ordinance. Section 778 -879. Chain link fences. (a) Chain link fences existing prior to the adoption of this Section may be replaced with a permit. (b) New chain link fences. New chain link fences shall not be permitted along any thoroughfare, shall not be visible from the street, and shall be vinyl -clad or powder - coated in black or dark green. New chain link fences visible from a public street shall require a Special Use Permit in accordance with Division 6, Article II of this chapter. (c) Exceptions. Chain link fences may be permitted for fencing of dog runs, sports courts, parks, playgrounds, school property, temporary /special events, and construction sites. The ordinance as currently drafted and attached does not include this text. ADDITIONAL REVISIONS: Staff has also made revisions to the maintenance section and other grammatical and format revisions to other parts of Screening & Fencing Article. Attached is the draft ordinance. STAFF RECOMMENDATION: Approval of TR 2613 -62, Ordinance No. 3244. Staff will clarify at the meeting whether an amendment regarding chain link fences is recommended for approval as well. ORDINANCE NO. 3244 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTION 118 -1 AND ARTICLE VIII AND PROVIDING ILLUSTRATIONS FOR ARTICLE IX OF CHAPTER 118 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; PROVIDING REGULATIONS FOR SCREENING AND FENCING; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER. WHEREAS, it is the goal of the City Council to provide quality community development and revitalization, safety and security, a positive city image, a sense of community and local and regional leadership; and WHEREAS, the Scenic City Certification Program recommended improvements to the City's screening and fencing regulations; and WHEREAS, the 2001 City Image Study also recommended a more detailed policy on wood privacy fences facing a major or minor thoroughfare; and WHEREAS, the rural character of certain areas in North Richland Hills ought to be preserved; and WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Section 118 -1 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended by adding the following definitions: "Sec. 118 -1. Definitions. Fence. Any construction or hedge greater than thirty inches in height and of any material, the purpose of which is to provide protection from intrusion (both physical and visual), to prevent escape, mark a boundary, or provide decoration. A wall and Screening shall be considered a fence. Dikes and restraining walls for the purpose of retaining soil are not classified as a fence." SECTION 2. That the title of Chapter 118, Article VIII of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: "ARTICLE VIII — SCREENING AND FENCING STANDARDS" SECTION 3. That Section 118 -870 be hereby codified under Chapter 118, Article VIII (Screening and fencing standards) of the Code of Ordinances of the City of North Richland Hills, Texas, and be amended to read as follows: "'Sec 118 -874 — Purpose and applicability. (a) Purpose. It is the purpose of this Article to provide standards for screening in order to mitigate the effects of potential nuisances such as dirt, litter, noise, heat, and glare of lights, and to protect public and private investment. It is also the intent of this section to provide for the safe construction and maintenance of walls and fences constructed in the city. (b) Applicability. This Article shall be applicable to all new construction or where fifty percent or more of an existing screen, fence or wall requires replacement. (c) Enforcement. The Chief Building Official, or his/her designee, shall administer and enforce the provisions of this Article relating to Screening and Fencing." SECTION 4. That Section 118 -871 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: ``Sec 118 -871 — Masonry screening walls. (a) Applicability. In addition to the Applicability standards herein provided in Section 118 -870, this Section shall be applicable to any proposed building remodeling, alteration, addition, or expansion in which either the value of the proposed improvements exceed 50 percent of the current appraised value of the existing structure, excluding the value of the land, or increases the square footage of the building by 30 percent or more. (b) Masonry screening wall required. A masonry screening wall, not less than six feet nor more than eight feet in panel height, shall be required on all property in accordance with Section 118 -872, except as otherwise provided herein. (c) Location of screening wall. The masonry screening wall shall be constructed along the entire length of the common property line between such properties and within the property required to erect the screening wall. The masonry- screening wall shall be constructed prior to the issuance of any certificate of occupancy. (d) Abutting Iron Horse Golf Course. Residential lots that abut Iron Horse Golf Course shall be exempt from the masonry screening wall requirement. (e) Little Bear Creek Corridor. Only those portions of lots or tracts lying within the Little Bear Creek Corridor shall be exempt from the masonry screening wall requirements. (f) R -T -MF Multifamily Residential District and MH -1 HUD Code Manufactured District. Perimeter screening abutting public street right -of -way, parks, or other dedicated open space shall be provided as follows: (1) Where a proposed development is adjacent to a C -4 -U thoroughfare, or larger, as shown on the master thoroughfare plan, said screening shall consist of a permanent decorative masonry screening wall, not less than six feet in height„ constructed along and adjacent to said thoroughfare. (2) Where a proposed development is adjacent to a C -2 -U or R -2 -U thoroughfare, park, or other dedicated open space, said screening wall shall consist of a permanent decorative screening wall of masonry, stone, or wrought iron type construction, or a combination thereof, not less than six feet in height. Wrought iron material shall not exceed 40 percent of the total wall face, including columns. (g) Hotellmotel developments. A masonry screening wall shall be eight feet in height where a motel or hotel use abuts property zoned for residential use, designated on the Comprehensive Land Use Plan for residential use, or used or subdivided for residential use. (h) Masonry screening walls required along C -4 -U or larger. The rear or side lot lines of any new residential subdivision adjacent to any thoroughfare designated as C-4 -U or larger on the Master Thoroughfare Plan shall provide a masonry screening wall. No screening wall shall be constructed within the street right -of- way. (i) Masonry screening walls. Masonry screening walls shall be constructed in accordance with the Public Works Design Manual and, where possible, shall be in a manner consistent with the exterior finish of the main building in material and color. Where applicable, screening walls shall be extensions of the development's architectural design. (I) Outdoor storage of material or commodities. Outdoor storage of material and commodities shall be screened with a minimum six -foot masonry wall. Materials or commodities shall not be stacked at a height greater than the height of the screening wall /fence. See Section 118 -716, outside storage regulations. (k) Screening not required for outdoor display, temporary uses, or incidental outdoor display. Outdoor display, temporary uses and incidental outdoor display, as defined within Section 118 -715, are exempt from the screening requirements of this Section. (1) Loading docks and delivery entrances facing public street. Loading docks and delivery entrances facing a public street shall require approval of a Special Use Permit in accordance with Division 6, Article II of this Chapter. Loading docks and delivery entrances not facing a public street shall be screened from any public roadway. Service /loading areas shall be screened from view from property zoned for residential use or 0-1 Office District, designated on the Comprehensive Land Use Plan for residential or office use, or used or subdivided for residential use by a minimum six -foot tall masonry wall, a solid living screen or a combination thereof. (m) Screening of vehicles waiting repair. A masonry screening wall not less than six feet nor more than eight feet in panel height, shall be required to screen any vehicle parked or stored for the purpose of pending repairs." SECTION 5. That Section 118 -872 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: "Sec. 118 -872. - Table of district masonry screening requirements. The following is the table of district masonry screening requirements. Where a residential zoning district is not listed, no district screening requirements exist. Refer to separate screening requirements in the Town Center Zoning District and Transit - Oriented Development Zoning District. Table 10 -F Masonry Screening Requirements for Districts Shown in Column 1 When Abutting Certain Districts [Ono 11111 TI,% NTF1I Abutting District Required C/) This District r r CN C _6 co = u` R -7 -MF R R R R R R R R R R' MH -1 R R R R R R R R R R R' 0-1 R R R R R R R R R R R R' NS /LR R R R R R R R R R R R R' CS/C_1 R R R R R R R R R R R R' HC/C-2 R R R R R R R R R R R R' QC R R R R R R R R R R R R' 1 -1 R R R R R R R R R R R R' 1 -2 R R R R R R R R R R R R U R R R R R R R R R 1 PD As required by the approved site plan "R" denotes masonry screening wall requirement. 1 Wall required when the planned development is for residential use. 2 Wall required when the AC -zoned district is planned for Low Density Residential or Medium Density Residential use on the Comprehensive Land Use Plan. SECTION G. That Section 118 -873 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: "Sec. 118 -873. - Screening wall and fence criteria generally. (a) Height. Walls and fences shall be no greater than eight feet in height. The height of a wall or fence shall be the vertical distance between the ground and the top of the wall or fence. In terrain where the ground slopes at a grade of ten percent or more, the wall or fence may be built in eight -foot horizontal stair step sections. The average height of each fence section shall be no greater than eight feet in height. Masonry columns may exceed the maximum height by no more than eight inches and shall not exceed the height of the adjacent fence section by more than twelve inches. (b) Maintenance. (1) All screening and fences shall be adequately maintained, kept in good repair and in sound structural condition by the property owner and shall not create urban blight. Dilapidated fences shall be repaired or replaced in accordance with provisions of this Ordinance. (2) The property owner shall maintain fences, including those existing prior to the adoption of this section, at all times in a state of good repair, safe and secure condition, with all braces, bolts, nails, supporting frames and fastenings free from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for which they were designed. (3) Property owners shall paint, stain and/or seal fence supports, gates, structural members and exterior surfaces as necessary to prevent rusting, peeling or blistering surfaces. Board -on -board and similar wood privacy fences may be painted or stained with natural wood colors. The use of high intensity, primary, metallic, or fluorescent colors shall be prohibited on any fence surface. (c) Front yards. Fences may only be allowed in front yards of property zoned for single - family residential and agricultural uses which have at least 100 feet of frontage on a street. Such fences shall be open air or nonsight - barring fences and shall meet the following standards: (1) Fences shall be wrought iron or ornamental metal, may have brick or stone columns spaced 20 to 50 feet on center, and shall be no greater than four feet in height. (2) Front yard fences greater than four feet and no higher than six feet in height may be permitted on residential lots greater than one acre in size with 200 feet or more of street frontage. Said fence shall be wrought iron or ornamental metal and shall have brick or stone columns spaced 20 to 50 feet on center. Such properties, if zoned AG or R -1 -S, may also be permitted a rural fence type as provided herein. (3) A Rural Fence may be permitted in the front yard of any property zoned AG or R -1 -S, with a minimum of one acre, and with at least 150 feet of frontage on a street. Said Rural Fence may not exceed five feet in height and may be one of the following fence types: mortised split rail, wrought iron or ornamental metal, tubular steel pipe, past- and -rail, or post -and- board. The use of cable may be permitted in conjunction with tubular steel pipe fencing. The use of continuous square mesh fencing, or "non - climb" fencing, and/or masonry columns spaced 20 to 50 feet on center may be used in conjunction with any of the aforementioned Rural Fence types. The use of barbed wire or electric fencing for the purpose of livestock containment shall only be permitted in conjunction with any of the aforementioned Rural Fence types. (4) Private entry driveway gates may be permitted for any property that is permitted a front yard fence. Said gates shall be set back from the planned ultimate right -of -way line as shown by the Master Thoroughfare Plan a minimum of ZD feet to accommodate the on -site queuing of one vehicle. (d) Visibility triangle. All walls and fences located on a corner lot shall comply with any applicable visibility sight triangles as provided for in this chapter. (e) Transverse frontage lots. When the rear yard of a first lot abuts the side yard of a second lot, no fence on the first lot shall encroach into the side yard adjacent to the street unless the fence complies with subsection (c) of this section. (f) Reverse frontage lots. When the rear yards of two corner lots abut, fences complying with this section may be constructed within the side yard adjacent to the street. (g) Prohibited fencing material. No fence shall be constructed of sheet/corrugated metal, plywood, concrete masonry unit block, or other materials not manufactured or designed for the primary purpose of fence construction. The use of W" or "diamond" mesh, or chain link fencing is not permitted forward of the principal building on the lot. (h) Finished side facing thoroughfare. Wood fences adjacent to a collector or arterial street as identified on the Master Thoroughfare Plan shall have the finished or smooth side of the fence facing the thoroughfare and fence posts shall face interior to the lot. (i) Where a residential subdivision masonry screening wall is provided adjacent to a C -4 -U collector street or larger as identified on the Master Thoroughfare Plan, the height of a fence adjacent or perpendicular to the screening wall shall not exceed the height of the subdivision's screening wall." SECTION 7. That Section 118 -874 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: "Sec. 118 -874. - Screening of outdoor refuse containers. The following Section shall apply to all refuse containers, trash dumpsterslcontainers, trash compactors, box compactors, and other similar containers which are used for the disposal of waste. For the purposes of this Section, all such facilities shall be termed "container." (a) Container Enclosure Material and Dimension Standards. (1) Containers shall be screened on three sides using any combination of brick, stone, split -face concrete masonry unit with integral color, or other masonry materials installed in a craftsman -like manner that are a minimum of one inch thick and imbedded in a cementitious reinforced substrate. Container enclosures shall be consistent with the exterior finish of the main building in material and color. (2) Container enclosures shall have a minimum internal dimension of twelve feet wide by twelve feet deep and shall follow the guidelines provided in Figure 1 -13, Article IX. For every dumpster added, an additional ten feet in width is required. One pedestrian access door or gate with spring - loaded or self - closing hinges shall be provided and shall meet the location and orientation standards provided herein. (3) Said enclosure shall be constructed to be the greater between a minimum of six feet or one foot in height above the container. In no case shall materials be stored higher than the screening provided. (4) Where possible, screening walls around service areas and/or dumpster enclosures shall be similar to or extensions of the development's architectural design. (5) Container enclosures shall be equipped with opaque metal gates fabricated from a minimum 20 gauge metal deck supported by a frame on spring - loaded or self - closing hinges. Gates shall be capable of fully screening the area from public view when closed. (b) Location and Orientation. Containers and their enclosures shall only be allowed as an incidental use on a property, and only when located behind the building line established by the structure and not within any side or rear yard setback or any required landscaped buffer yard. Container enclosures shall be located and oriented such to minimize visual impact from adjacent properties and rights -of- way. (c) Residential Setback. Containers and their enclosures shall be set back a minimum of 25 feet from all property zoned for residential use, designated on the Comprehensive Land Use Plan for residential use, or used or subdivided for residential use. (d) Landscape Screening. When a container enclosure is located adjacent to landscape area, it shall be additionally screened by evergreen shrubs reaching a mature height between five and fifteen feet. The quantity and spread of shrubs required shall be determined by the anticipated spread of the selected evergreen shrub at full growth. (e) Gates. Gates to any such area shall remain closed except when filling or emptying the container. (f) Recycling containers. Recycling containers shall not be required to be screened but be set back behind all the building setback lines of the primary structure." SECTION 8. That Section 118 -877 of the Code of Ordinances of the City of 'North Richland Hills, Texas, is hereby amended to read as follows: "Sec. 118 -877. - Mechanical equipment screening for nonresidential uses and nonresidential zoning. (a) Roof - mounted mechanical equipment. Such equipment shall be screened from public view with a parapet wall, mansard -style roof or other architectural extension equal in height to the unit, except when the unit height exceeds five feet. The maximum screening wall height shall not exceed five feet. When the height of the units does exceed five feet, an additional roof setback for the unit shall be required at a ratio of two horizontal feet for each additional foot of vertical height above five feet. Public view shall be determined from any and all points on subject property where views from public street rights -of -way exist or occur. (b) Ground- mounted mechanical equipment. Such equipment, with the exception of TXU's distribution voltage of 25 kv (kilovolts) or smaller, shall be screened from public view with a screening wall or living screen equal in height to the unit. The screening may be constructed of masonry, wood, or evergreen plant materials. Public view shall be determined from any and all points along the adjacent right - of- way." SECTION 9. That Article IX of Chapter 118 ( "Illustrations ") of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended by adding the following illustrations: Figure 1 -13: Container Enclosure Guidelines concrete pad width I ) I inside enclosure length - 12' SECTION 11. 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 this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 12. Savings. 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 13. 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. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 22nd day of April, 2013. In ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 1 -W ;J:Z9] ►12 DIF-114 119X+167 ►10 =1 ►16 Oscar Trevino, Mayor John Pitstick, Planning & Development Director M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject Agenda Item No. E.0 PUBLIC WORKS No items for this category. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject Agenda Item No. F.0 GENERAL ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject: Agenda Item No. F.1 Consider Amendment to Chapter 104 Gas Drilling and Production Regulations to increase annual permit fee - Ordinance No. 3239 Presenter: Stan Tinney, Fire Chief Summarv: Staff is bringing forward a proposed change to annual fees related to ongoing inspections of gas well sites, in an effort to provide adequate response to inquiries and to provide general oversight of gas well operations within the city. Current annual fees are $2,000 per pad site. It is being recommended to increase the fees to $8,000 per pad site per year. General Descrir)tion: North Richland Hills currently has 7 operating gas well pad sites and 54 gas wells with 2 recently approved new pad sites as well. Soon we will have 58 gas wells operating on 9 different sites. Ongoing operations include upkeep of a required masonry wall with adjacent landscaping. Gas operators are responsible for maintaining each gas pad site. Once production is underway the primary activities include the hauling of waste water from the site with truck tankers. All on sight inspections and responses to inquiries are made by the Fire Marshal's Office. Current annual fees are not adequate to provide personnel for this important activity. The Fire Marshal's Office responds to numerous inquiries and also works closely with Chesapeake Energy, the city's only gas well operator. The new fees will provide approximately $72,000 annually, assuming that all 9 authorized pad sites are active. Current estimated cost to the city for oversight and monitoring wells in production is approximately $115,700 annually. The fees (plus additional city funds) will allow for the addition of one position within the Fire Marshal's Office and the associated equipment for this position. Recommendation: Staff recommends amending current annual permit fee to $8,000 per pad site. Annual permit fee review should occur every three years. Sec. 104 -7. - Gas well permit application and filing fees. (d) Annual permit required. Operator shall be responsible for applying for an annual permit wi #- 0 ds, }�: of th annivcmcry of tho ori�cvcl of the- d44imng pormit- by June 1 of each year. New gas well sites annual fees shall be prorated based on the issuance of the initial gas well permit. The annual permit fee shall be $2,990.90 $8,000 per 444 pad site payable at time of application. M RH ORDINANCE NO. 3239 AN ORDINANCE AMENDING SECTION 104 -7 (d) OF THE CITY OF NORTH RICHLAND HILLS CODE OF ORDINANCES, INCREASING THE ANNUAL FEE FOR GAS WELL LICENSES PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY. WHEREAS, the City of North Richland Hills, Texas is a Home Rule Municipality located in Tarrant County, Texas, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas and its home rule charter; and WHEREAS, the City Staff of North Richland Hills, Texas has recommended an increase in the cost of annual gas well licenses to cover the cost of inspections and regulation; and, WHEREAS, the City Council of North Richland Hills, Texas deems it fiscally prudent to increase the annual license fee as recommended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Section 104 -7(d) of the City of North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 104 -7. - Gas well permit application and filing fees. (d) Annual permit required. Operator shall be responsible for applying for an annual permit by .tune 1 of each year. New gas well sites annual fees shall be prorated based on the issuance of the initial gas well permit. The annual permit fee shall be $8,000 per pad site. " Section 2: Operating without a license shall be punished by a fine of not more than five hundred dollars ($500.00) per violation per day. Each day that a violation exists shall constitute a separate offense. The power of injunction may be exercised in enforcing this chapter whether or not there has been a criminal complaint filed. Section 3: Severability Clause. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation of this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 4: Publication Clause. The City Secretary is authorized and directed to cause publication of the descriptive caption and penalty clause of this ordinance as an alternative method authorized by law. PASSED AND APPROVED on this the 22nd day of April, 2013. ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Stan Tinney, Fire Chief M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject: Agenda Item No. F.2 Consider Amendments to Chapter 14 - Animals and Appendix A - Fee Schedule of the Code of Ordinances - Ordinance No. 3235 Presenter: Chun Mezger, Humane Services Supervisor Summarv: Staff is recommending an amendment to Chapter 14 and Appendix A of the Code of Ordinances of the City of North Richland Hills. Chapter 14 deals with the regulation of animals, including dangerous dogs, and Appendix A establishes fees. A large portion of the amendments deal with house cleaning items such as adding new definitions for people who foster animals within the city, placing a limit on the number that they can foster at one time and recognizing ferrets as a domestic animal. A notable change to the ordinance deals with Dangerous Dogs. The terms `registerable' and `non registerable' have been removed. The proposed ordinance will view a dog as either dangerous or not dangerous and will include attacks on animals, as well as humans, as part of the definition. The current ordinance does not address attacks on another animal unless the other animal is killed. Also, dogs that have been deemed dangerous by another city will not be allowed to reside in North Richland Hills. The registration fee for a dangerous dog is proposed to increase from $63 to $600 to ensure that residents who keep a dangerous dog in North Richland Hills are fully committed to maintaining the associated safeguards and requirements. Staff has surveyed the fees of neighboring cities and is proposing a few adjustments to bring fees in line with the average. Staff is also recommending an increase in the adoption fee to recoup some of the associated medical expenses. General Description: The following recommended changes are being presented for approval by the City Council. 1. Definitions for adequate shelter, animal, breeder, class D non - profit rescue permit, foster, foster animal, fowl, local rabies control authority, livestock and rescue /placement group were added for clarification purposes. 2. Ferrets will be recognized as domestic animals, thus requiring ferret owners to provide proof of rabies vaccinations and city registrations. Ferrets would also be subject to all impoundment, boarding and quarantine fees that currently pertain to dogs and cats. Our current ordinance does not recognize ferrets as domesticated animals. 3. All traps must be humane and commercially designed so that they can be safely serviced by humane officers. If the humane officers cannot safely access the traps then the citizen will be responsible for contacting a company that will humanely remove the trapped animal. 4. A notable ordinance amendment deals with Article VII pertaining to dangerous dogs. The terms `registerable' and `non registerable' have been removed. The proposed ordinance will view a dog as either dangerous or not dangerous and will include attacks on animals, as well as humans, as part of the definition. The current ordinance does not address attacks on another animal unless the other animal is killed. Dangerous dogs will be defined as 1) any dog that makes an unprovoked attack outside of its enclosure on a person or other animal that causes bodily injury or 2) any dog that commits an unprovoked act outside of its enclosure and those acts cause a person to reasonably believe the dog will attack and cause bodily injury to that person, their pet or livestock. The process for declaring a dog dangerous has not changed, however, we have added an additional option, which would allow the owner to remove the animal from the city. The options are as follows: 1) declare the dog not a dangerous dog and order the dog returned to the owner, 2) declare the dog dangerous and order the dog owner to comply with certain State Law requirements, 3) order the dog to be humanely euthanized, or 4) order the dog to be micro- chipped and removed from the city. Also, dogs that have been deemed dangerous by another city will not be allowed to reside in North Richland Hills. The registration fee for a dangerous dog will be increased from $63 to $600 to ensure that residents who keep a dangerous dog in North Richland Hills are fully committed to maintaining the associated safeguards and requirements. 5. After a survey of neighboring cities, a number of adjustments are being recommended to bring fees in line with the average of the cities surveyed; such as increasing the altered impound fee to $40 and increasing the quarantine fee per night to $29. Staff is also recommending an increase in the adoption fee to recoup some of the associated medical expenses. 6. Chapter 14, article XIII deals with estrays (livestock) and would prohibit the keeping of swine in our city. Livestock and fowl would only be permitted in agricultural or R -1 -S zoning. 7. The addition of a class D non - profit rescue permit would allow staff to regulate the number of animals a person who is fostering animals for a rescue/placement group can have at any one time on their property. Five animals would be allowed per permit and more than one permit may be applied for. Staff can deny or revoke any permit based on failed inspections, ordinance violation of other sections and/or validated complaint(s). The permit holder would be required to show proof that they are with a creditable organization and to provide proof of rabies vaccinations for each pet. This permit will allow staff to inspect the premises and monitor the wellbeing of the animals in foster care. Recommendation: Staff recommends approval of Ordinance No. 3235. M RH ORDINANCE NO. 3235 AN ORDINANCE AMENDING CHAPTER 14 AND APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; PROVIDING FOR THE REGULATION OF ANIMALS, INCLUDING DANGEROUS DOGS; ESTABLISHING 'FEES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of 'North Richland Hills, Texas is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council finds that the current ordinance regulating animals, including dangerous dogs, should be amended and clarified; and WHEREAS, Chapter 822 of the Texas Health and Safety Code provides for the regulation of dangerous dogs and dogs that cause the death or serious bodily injury to a person; and WHEREAS, Chapter 822 allows municipalities to place additional and more stringent requirements on dangerous dogs, provided such requirements on dangerous dogs are not breed specific; and WHEREAS, the City Council finds that regulations addressing these concerns are in the best interest of the health, safety and welfare of the citizens of North Richland Hills, Texas; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: Section 1: Chapter 14 of the Code of Ordinances of the City of North Richland Hills, Texas is hereby amended to read as follows: "ARTICLE I. - IN GENERAL Sec. 14 -1. - Purpose. The animal regulations as herein established have been made for the purpose of promoting the health, safety, morals and general welfare of the City. This chapter contains standards regulating the use, type, location, maintenance, registration, confinement, euthanasia and harboring of certain animals. The intent of the regulations, prohibitions, and provisions is to protect values within the City, to enhance the quality of life of persons, pets, and other animals, and to protect the general public from damage and injury that may be caused by unregulated animals. Sec. 14 -2. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adequate shelter means a structure that provides the animal with protection from the elements and shall include but not limited to (3) three secure sides attached to a secure roof and floor. The floor shall be such to provide the animal additional protection from the elements. Animal means a living creature, including but not limited to any stray or feral cat or dog, or wild living creature previously captured. Animal adoption and rescue center means a facility designated and operated by the City for the purpose of impounding and caring for animals held under authority of this chapter. Animal dealer means any person engaging in the business of buying and/or selling any animal or animals for the purpose of resale to pet shops, research facilities, another animal dealer, or to any other individual or individuals other than the sale of an occasional litter or animal on a random basis, including the sale of any animal from any roadside stand, booth, flea market, internet site or other temporary site. Persons buying or selling animals for, and destined for, human consumption, are not included in this definition. Boardinglriding stables means any facility for boarding, livery, training or riding school or any facility which maintains horses or ponies, mules, donkeys, or burros whether gratuitously or for a fee. Boarding kennel or cattery means any establishment where dogs, cats, puppies, or kittens are kept for the primary purpose of boarding for any part of a 24 -hour period. This does not include veterinary clinics where boarding is offered in addition to clinical services or grooming facilities where boarding is not offered overnight. Breeder means any person engaged in the business of breeding those animals for direct or indirect sale or exchange in return for considerations and the person sells, exchanges or offers to sell more than 10 animals in a calendar year. Class A kennel or cattery means any establishment where dogs and /or puppies or cats and /or kittens are kept for the primary purpose of breeding, buying or selling such animals and which establishment is so constructed that the dogs, puppies, cats and /or kittens cannot escape or cause a nuisance to the community. License shall apply to up to five dogs or cats and shall require an additional Class A kennel or cattery license for each increment of up to five dogs or cats. Dependent on the approval of the neighborhood services director or their designated agent, there may be limitations on number of animal housed on premises. Class B kennel or cattery means any establishment where dogs, puppies, cats, or kittens are kept for the primary purpose of showing (including, but not limited to, field trial competition, hunting trial competition, herding competition, conformation and obedience competition) and which establishment is so constructed that the dogs, puppies, cats and kittens cannot stray therefrom. The primary purpose shall be determined by verifying the participation of one or more of the housed animals in a sanctioned competition in the preceding 12 months. The license shall apply to up to five animals. Animals in excess of five shall be licensed individually. Class C kennel means any establishment where dogs or puppies are kept for the primary purpose of training for guard, sentry, field, or obedience, whether gratuitously or for a fee. A Class C kennel may also offer boarding services if the boarding occurs at the same location with no additional boarding kennel license required. Class D non profit rescue permit means any establishment where dogs and/or puppies or cats and/or kittens are kept for the primary purpose of adoption through an established rescue /placement group and which establishment is so constructed that the dogs, puppies, cats and /or kittens cannot escape or cause a nuisance to the neighborhood. License shall apply to up to ten dogs or cats and shall require an additional Class D non profit rescue permit for each increment of up to ten dogs or cats. Dependent on approval of neighborhood services director or their designated agent, there may be limitations on number of animals housed on premises. Collar means any collar constructed of nylon, leather, or similar materials, specifically designed to be used for a dog, cat or ferret. Dangerous animal means any warm blooded mammal which is known to carry or be susceptible to the rabies virus and which cannot be effectively vaccinated against that virus with any vaccine approved by the state department of health. A dangerous animal includes any hybrid animal or any pet wildlife which has attacked a human, killed or maimed a domestic animal or a permitted restricted animal as referred to in article VIII of this chapter, or which is apprehended or observed unrestrained. However, this definition shall not apply to dangerous dogs as addressed in article VII of this chapter. "Dangerous dog is a dog that: (1) Makes an unprovoked attack on a person, pet animal, livestock or other animal that causes bodily injury and occurs in a place other than an enclosure in which the dog is being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or (2) Commits unprovoked acts in a place other than an enclosure in which the dog was being kept that was reasonably certain to prevent the dog from leaving the enclosure on its own, and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person, their pet, livestock or fowl." Domestic animal means any animal whose physiology has been determined or manipulated through selective breeding and does not occur naturally in the wild and any animal which can be vaccinated against rabies with an approved rabies vaccine, and any animal which has an established rabies quarantine observation period. Estray means any stray horse, stallion, mare, gelding, filly, colt, mule, jenny, jack, jennet, hog, pig, sheep, goat, confined and domesticated hares and rabbits, or any species of cattle. Exotic livestock/ratites means any species classified as exotic livestock by the state animal health commission. Exotic species means any animal born or whose natural habitat is outside the continental United States excluding nonvenomous reptiles and fish. Financial Responsibility means financial documents showing $100,000 or more in cash to cover damages resulting from an attack by the dangerous dog. Foster means a person who is entrusted with the care and wellbeing of an animal from the animal adoption & rescue center, an animal shelter or a rescue/placement group until the animal can be adopted. Fostered animal means any animal placed in the temporary custody of the adopter until the animal is deemed ready to be surgically altered, vaccinated and adopted. The animal remains the property of the organization from which it is being fostered from. Fowl means all of those birds commonly called poultry, including but not limited to chickens, turkeys, geese, ducks, doves, guineas, swans, peafowl, pigeons and all the relatives of those birds which can be kept in pens, coops, cages or enclosure of any kind. Harboring means the act of keeping and caring for an animal or of providing a premise to which the animal returns for food, shelter, or care for a period of ten days or longer. Humane officer means a person designated by the City as the primary enforcement officer of ordinances regulating animals and owners of animals and for the enforcement of sections of the state statutes pertaining to the care and control of animals. Local Rabies Control Authority (LRCA) means the position determined by City Council to among other duties enforce local and state rules /ordinances that comprise the minimum standards for rabies control and enforce the rules for rabies quarantine as provided in Section 826.045. Livestock animal means cattle, sheep, swine or goats commonly raised for human consumption; a horse, pony, mule, donkey, or hinny; native or nonnative Ihoofstock raised under agriculture practices. Multiple cat household means a private owner of more than four cats kept exclusively indoors as companion animals and no dogs. All cats must have valid rabies vaccinations. Permit is required. Multiple pet household means a private owner of more than three cats and two dogs or two cats and three dogs where all conditions set out in article XIV, division 4, of this chapter are met. Permit is required. Owner means any person who; owns, has lawful custody or control of an animal. Pet animal means, and shall include dogs, cats, rabbits, rodents, birds, nonpoisonous reptiles, and other species of animals which are sold or retained as household pets but shall not include skunks, ferrets, nonhuman primates, and any other species of wild, exotic, or carnivorous animals that are susceptible to rabies, but not animals that may be vaccinated for rabies, and that may be further restricted in this chapter. Pet shop means any person or establishment in the business of breeding, buying, selling at retail or as a broker of animals of any species for profit- making purposes. Poultry means all domesticated foul and all game birds which are legally kept in captivity except those classified as exotic livestock/ratite as defined above. Proper enclosure means a house or a building, or structure/pen. The structure/pen must also have minimum dimensions of five feet by ten feet. The structure/pen must form an enclosure suitable to prevent entry of young children and must be locked and secured such that an animal cannot climb, dig, jump, or otherwise escape of its own volition. The enclosure shall be securely locked at all times. The structure/pen shall have secure sides, a secured top and the structure/pen must be attached to a concrete slab to prevent the dangerous dog from escaping from the enclosure. The structure/pen shall provide adequate shelter and protection from the elements for the animal. The structure/pen must also be enclosed within a secure fence of at least six feet in height and of durable construction. The humane division may require additional accommodations if the need is demonstrated. Properly fitted means, with respect to a collar, a collar that measures the circumference of an animal's neck plus at least one inch as to prevent escape from the collar. Quarantine by owner. Following are required: (1) Animal must be inside an enclosed structure, i.e., house or garage and must remain there for ten days. (2) If maintained outside, animal must be behind a fence from which it cannot escape from or inside a covered pen or kennel from which it cannot escape. (3) Animal must be kept away from other animals and people except those in the immediate household. (4) Animal may not be removed from the corporate city limits while under quarantine. (5) Owner shall notify the humane division immediately if the animal becomes sick or displays any behavioral changes, dies or disappears. (6) Owner shall not subject the animal to any medical procedure without first notifying the humane division, this too includes any vaccination. Rabies vaccination means the vaccination of a dog, cat or ferret with an anti - rabies vaccine approved by the state department of health and administered by a veterinarian licensed by the state. Rescue /placement group means an organization dedicated to pet adoptions where animals among other requirements are surgically altered and vaccinated as part of the adoption process. Restraint means a chain, rope, tether, leash, cable, or other device that attaches to an animal to keep an animal from running at large. Invisible fencing, remote control collars, voice commands are not recognized as proper restraints for animals. Running at large. An animal shall be considered running at large: (1) Off premises. Any animal which is not restrained by means of a leash, chain, or other physical apparatus of sufficient strength and length to control the actions of such animal while off premises. (2) On premises: a. Any animal not confined to premises of owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured on the premises by a chain or leash sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length. b. An animal intruding upon the property of another person other than the owner's shall be termed "at large." C. Any animal within a vehicle in a manner that would not prevent that animal's escape or contact with other persons or animals. Serious injury means bodily injury caused by an animal which produces severe pain, trauma, loss of blood or tissue, and which requires medical treatment of wounds inflicted by the animal, and shall include bodily injury resulting from victim, whether human or animal, attempting to escape or prevent contact with an injuring animal. Severe attack means an attack in which the animal repeatedly bites or vigorously shakes its victim, and the victim, or a person intervening, has extreme difficulty terminating the attack. Stray animal means any animal, for which there is no identifiable owner or harborer, which is found to be at large within the corporate limits of the City. Theatrical exhibition means any exhibition or act featuring "performing animals." Such exhibitions shall not include resident or nonresident dog and cat shows which are sponsored and/or sanctioned by the humane division, American Kennel Club, the United States Kennel Club, the Cat Fanciers Association, American Cat Fanciers Association, or any affiliate thereof, nor shall it include any primary horse show. Unprovoked means, with respect to an attack by an animal, that the animal was not hit, kicked, or struck by a person with an object or part of a person's body nor was any part of the animal's body pulled, pinched, or squeezed by a person. Veterinarian means any practitioner of veterinary medicine licensed by the state to practice in the state. Wild animal means an animal which retains its wild nature or is not normally considered domesticated including, but not limited to, the following: (1) Class Reptilia: Family Helodermatidea (the venomous lizards); family Viperidea (rattlesnakes, pit vipers and true vipers); family Elapidae (coral snakes, cobras and mambas); family Colubridae Dispholidus typus (boomslang); Cyclagras gigas (water cobra) and Boiga dendrophila (mangrove snake) only; order Phidia (racers, boas, water snakes and pythons); order crocodile (crocodiles, alligators, caimans and gavials); (2) Class Aves: Order Falconiforms (such as hawks, eagles and vultures) and subdivision Ratitae (such as ostriches, rheas, cassowaries and emus); (3) Class Mammalia: Order Carnivora, family Felidae (such as ocelots, margays, tigers, jaguars, leopards and cougars), except commonly accepted domesticated cats; the family Canidae (such as wolves, dingos, coyotes and jackals), except domesticated dogs; family Mustelidae (such as weasels, martins, mink, badgers); family Procyonidae (raccoon); family Ursidae (such as bears); order Marsupialia (such as kangaroos and common opossums); order Edentata (such as sloths, anteaters and armadillos); order Proboscidea (elephants); order Primata (such as monkeys, chimpanzees and gorillas); order Rodentia (such as porcupines); and order Ungulata (such as antelope, deer, bison, and camels); (4) Class Amphibi: Poisonous frogs. Does not include non - poisonous reptiles or non - poisonous snakes; (5) Spiders: Brown recluse (loxosceles) and black widow (latrodecus) spiders. Wildlife means any animal which occurs naturally in a wild state. The term "wildlife" includes any animal which is part wild. Sec. 14 -3. - Keeping of bees; penalty. (a) Keeping bees generally. No person shall keep or maintain bees in this city within 300 feet of any residence including that of the owner. (b) Penalty. Any person violating any portion of this section shall be deemed guilty of a misdemeanor and fined as provided in § 1 -13. ARTICLE II. - ANIMAL ADOPTION AND RESCUE CENTER ADVISORY COMMITTEE Sec. 14 -31. - Created; composition. Pursuant to Texas Animal Shelter Act, V.T.C.A., Health and Safety Code § 823.005 et seq., there is hereby created the animal adoption and rescue center advisory committee. The animal adoption and rescue center advisory committee shall be composed of one licensed veterinarian, one city official, one person whose duties include the daily operation of the City animal adoption and rescue center and one representative from an animal welfare organization. Sec. 14 -32. -Appointment. The appointees appointment, etc., shall be as provided in section 2 -121 et seq. Sec. 14 -33. - Functions. The animal adoption and rescue advisory committee shall perform the functions set out in V.T.C.A., Health and Safety Code § 823.005 et seq., and recommend policy to the City staff for operation of the City animal adoption and rescue center. ARTICLE III. — LICENSE Sec. 14 -61. - Rabies vaccination. (a) Required. As required by 25 TAC 169.29(a), every owner of a dog cat, or ferret shall have the animal vaccinated against rabies by the time such animal is four months of age. 1. Dogs and cats must receive a rabies booster within the 12 -month interval following the initial vaccination. If such booster was with a triennial vaccine, such dog or cat must thereafter be revaccinated within 36 months of the previous vaccination. If such booster was with an annual vaccine the dog or cat must be revaccinated within 12 months. Dogs and cats shall be revaccinated thereafter within 36 months if the previous vaccination was with a triennial rabies vaccine, or within 12 months if the previous vaccination was with an annual rabies vaccine. 2. Ferrets must receive a rabies booster within the 12 -month interval following the initial vaccination and revaccinated annually thereafter. (b) Exemptions to vaccination. According to the Center of Disease Control no rabies vaccines are licensed for use in wild animals or hybrids. The American Veterinary Medical Association do not recommend wild animals or hydrids as pets. (c) Requirement for new residents. Any person establishing residence within the City shall comply with this chapter within ten days of establishing such residency. (d) Exception for quarantined dogs, cats or ferrets. If an unvaccinated dog, cat or ferret inflicts a bite or scratch or otherwise attacks any person within the City limits, a rabies vaccine shall not be administered to the dog, cat or ferret until that animal is released from quarantine. Sec. 14 -62. - Certificate of vaccination. Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog, cat or ferret as evidence thereof, a certificate of vaccination. The veterinarian shall retain a duplicate copy of the certificate, and one copy shall be filed with the owner. Such certificate shall contain the following information: (1) The name, address and telephone number of the owner of the vaccinated animal; (2) The date of vaccination; (3) The vaccine used - product name, manufacturer, and serial number, (4) The year and number of the rabies tag, (5) The revaccination due date; (6) The animal identification- species, sex (including neutered if applicable), approximate age, size (pounds), predominant breed, and colors; and (7) The veterinarian's signature, signature stamp, or computerized signature, plus address and license number. Sec. 14 -63. - Rabies tag. Concurrent with the issuance and delivery of the certificate of vaccination, the owner of the dog, cat or ferret shall cause to be attached to the collar or harness of the vaccinated animal a metal tag, serially numbered to correspond with the vaccination certificate number and bearing the year of issuance. Such tag shall at all times be securely attached to a collar or harness around the neck of the animal. Sec. 14 -64. - License required. All dogs, cats or ferrets three months of age or older which are kept, harbored, or maintained as a companion animal within the corporate limits of the City shall be licensed. Clog, cat and ferret licenses shall be provided by the (humane division or tier agent upon payment of the required fee for each dog, cat and ferret. Before a city license will be issued, the owner of the dog, cat or ferret must present a certificate from a licensed veterinarian showing that said dog, cat or ferret has been vaccinated for rabies within the preceding 12 months. The owner shall state his name and address, and the breed, color and sex of the dog, cat or ferret to be licensed. Said license shall be valid for one year from date of issuance and renewed annually thereafter. Sec. 14 -65. - Fees. A yearly license fee as set out in Appendix A shall be paid. Sec. 14 -66. - Tag and collar. Upon payment of the license fee where applicable, the City shall issue to the owner a license certificate and metal tag having stamped upon it the year for which it is issued and the number corresponding with the number of the certificate. Such tag shall at all times be securely attached to a collar or harness around the neck of the animal. In case a tag is lost, a duplicate will be issued by the humane division or its agent upon presentation of the receipt showing the payment of license fee for the calendar year. Tags shall not be transferable from one animal to another, no refunds shall be made. Sec. 14 -67. - Guard dogs. All dogs which are professionally trained and kept solely for the protection of persons and property, residential, commercial or personal, shall be permitted from the animal adoption and rescue center. The area or premises in which such dog is confined shall be conspicuously posted with warning signs bearing letters not less than two inches high, stating "GUARD DOG ON PREMISES." Said area of premises shall be subject to inspection by the humane division to determine that the animal in question is maintained and secured at all times in such a manner so as to prevent its coming in contact with the public. The dog shall be issued a tag by the humane division, varying in color from the license tag, and a fee shall be charged. The guard dog permit shall expire one year from date of issuance and is not transferable. The tag must be secured to the collar or harness of the dog at all times. Dogs permitted under this section shall not be required to obtain a city license, but shall be required to comply with all provisions of this chapter. Sec. 14 -68. - 'Revocation of license. (a) ,Reasons for revocation. The director of the department of neighborhood services or his agent or as otherwise designated by the City Manager may revoke any dog, cat or ferret license after a hearing for any one or more of the following reasons: (1) Impoundment of a dog, cat or ferret by the humane division more than two times during a 12 -month period; (2) More than two final convictions of a person for violating this article when such convictions relate to the dog, cat or ferret which is being considered for revocation of its license certificate, or (3) Any combination of (1) and (2) totaling three incidents. (b) Notification. Upon revoking the license of any dog, cat or ferret the humane division or as otherwise designated by the City Manager shall notify the owner of the dog, cat or ferret of said action in writing. Written notification shall be deemed made when a certified letter, return receipt requested, addressed to the last known mailing address of the dog, cat or ferret's owner is deposited in the U.S. mail. (c) Removal of dog, cat or ferret from city. Upon the expiration of the ten days after written notification of revocation is deposited in the U.S. mail, as provided above, no dog, cat or ferret which has had its license revoked shall be kept, maintained, or harbored within the City limits, and each 24 -hour period shall constitute a separate violation. Sec. 14 -69. - Authority to conduct license verification programs. The humane division or as otherwise designated by the City Manager shall have the authority to conduct random or city wide verification programs in a manner calculated to determine compliance with the license and rabies vaccination requirements. Sec. 14 -70. - Late fee. For the purpose of this chapter, a late fee may be assessed under the following conditions: (1) A failure to obtain a license for a dog, cat or ferret within 30 days of that animal reaching three months of age. (2) Failure to renew license within 30 days of expiration of current license. (3) Failure to obtain license within 30 days of the animal taking up residence in the City. Sec. 14 -71. - Violation notice. Where violations of the licensing and/or rabies vaccination requirements of this chapter are observed, any humane officer may issue a violation notice in lieu of a citation. The violation notice will stipulate a compliance date and associated fee and late fee, as well as a waiver provision providing that the person to whom the violation notice is issued waives all rights to protest such violation and waives all rights to a hearing on the issues relating to that violation. All associated fees and late fees shall be paid to the humane division. Failure to pay associated fees and/or late fees and failure to waive rights by the compliance date shall constitute a violation of this chapter and may result in the issuance of a citation. 1 :1 A 0 lei I =1 1►M:7_]= 11 =Mole]:111 ZT61I Sec. 14 -101 (Report by physician or medical practitioner. Every physician or other medical practitioner who treats a person or persons for any animal bite or scratch or any person having knowledge of an animal bite or scratch shall within 12 hours report such treatment to the humane division giving the name, age, sex and precise location of the bitten /scratched person or persons and such other information as the officer or agency may require. Sec. 14 -102. - Reporting suspected rabies. Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog, cat or other domestic or wild animal shall immediately report the incident to the local rabies control authority (LRCA) or as otherwise designated by the City Manager stating precisely where such animal may be found. If a known suspected rabid animal bites or scratches a domestic animal, such incident shall also be reported as required above. Sec. 14 -103. - Quarantine of dogs, cats and other animals. (a) Dogs, cats and ferrets. Any owned dog, cat or ferret which has bitten or scratched a person shall be observed for a period of 240 hours from the time of the bite or scratch. The procedure and place of observation shall be designated by the investigating officer or responsible agency, in compliance with state law. If the dog, cat or ferret is not confined on the owner's premises, confinement shall be by impoundment in the animal adoption and rescue center, or at a veterinary hospital of the owner's choice, within a ten -mile radius of the City. Such confinement shall be at the owner's expense. Stray dogs, cats or ferrets whose owner's cannot be located shall be confined in the animal adoption and rescue center for a period of four (4) business days and if unclaimed may be destroyed and the brain of such animal immediately submitted to a qualified laboratory for rabies examination at the victim's expense. The owner of any dog, cat or ferret that has been reported to have inflicted a bite on any person shall, on demand, produce said dog, cat or ferret for impoundment, as prescribed in this article. Home quarantine as defined in section 14 -2, may be allowed only in those incidents where permitted by state law and agreed to by the LRCA. Refusal to produce said dog, cat or ferret constitutes a violation of this section and each day of such refusal shall constitute a separate and individual violation. (b) Wild, exotic or dangerous animals. Any wild, exotic or dangerous animal as defined in section 14 -2, and considered "high risk" according to state law, which has bitten or scratched a person shall be caught and humanely killed and the brain submitted for rabies examination. Those wild animals which are classified as "low risk" animals shall be handled as dictated by state law. Sec. 14 -104. - Local rabies control authority. As required by Section 826.017 Texas Health and Safety Code, the humane division supervisor is hereby designated as the local rabies control authority. 1_l N1INI:ILTMij16-10344W_1►1x*1IR Sec. 14 -131. - Creating a health hazard. (a) Generally. Any person who shall harbor or keep on his premises, or in or about a premises under his control, an animal and who allows his premises to become a hazard to the general health and welfare of the community, or who shall allow his premises to give off obnoxious or offensive odors due to the activity or presence of such animals, shall be guilty of a misdemeanor. (b) Removal of animal waste from pudic property or property of another. Any person who shall allow his animal to eliminate on public property or the property of another and does not remove same immediately shall be guilty of a misdemeanor. Sec. 14 -132. - Tampering with traps and equipment. No person shall remove, alter, damage or otherwise tamper with a trap or equipment belonging to or set out by the humane division. All traps must be humane, commercially designed so they can be safely serviced by the animal control officer. Sec. 14 -133. - Authority to destroy injured /diseased animals. The humane division or a authorized representative, or as otherwise designated by the City Manager is authorized to destroy any injured or diseased animal, whether such animal is on public or private property, and the recovery from such injuries or disease is in serious doubt, and after a reasonable effort has been made to locate the owner of such animal. Sec. 14 -134. - Excessive noise. Any person who shall harbor or keep on his premises, or in or about his premises under his control, any animal which by loud or unusual vocalization shall cause the peace and quiet of the neighborhood or the occupant of adjacent premises to be disturbed, shall be guilty of a misdemeanor; and a separate offense shall be deemed committed upon each day during or on which such violation occurs or continues. ARTICLE VI. - ANIMAL CARE Sec. 14 -161. - Duty to provide care. No owner shall fail to provide an animal in his care with sufficient good and wholesome food or clean water, adequate shelter as defined in Sec 14 -2, protection from weather, veterinary care when needed to prevent suffering, and with humane care and treatment. Sec. 14 -162. - Cruel treatment. No person shall unreasonably abandon, deprive of necessary food, care, or proper shelter, beat, cruelly ill - treat, torment, mentally abuse, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dog fight, cock fight, butt fight, or other combat between animals or between animals and humans. Sec. 14 -163. -Abandonment. No person shall abandon an animal in his custody. Sec. 14 -164. - Inducement. No person shall give away any live animal as a prize or as an inducement to enter any contest, game or other competition or an inducement to enter a place of business, offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. Sec. 14 -165. - Injured animal. Any person who, as the operator of a motor vehicle, strikes a domestic animal shall immediately report such injury or death to the animal's owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society. Sec. 14 -166.a - Poisonous substance No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any domestic animal or person. This section is not intended to prohibit use of herbicides, insecticides, or rodent control materials. Sec. 14 -166.b — Inhumane traps No person shall expose an open trap or metal jaw type that shall be liable to injure any domestic animal or person; however, this shall not preclude the proper use of humane box traps. Sec. 14 -167. - Theatrical exhibits. All theatrical exhibits as defined herein shall, in addition to other requirements of this chapter, comply with the minimum standards of this section. Facilities shall be subject to inspection by a humane officer upon his request during reasonable hours. (1) Animal quarters shall be of sufficient size to allow each animal to stand up, lie down, and turn around in a natural position without touching the sides or top, or any other animal or waste. (2) Each enclosure shall be maintained in comfortable and healthy temperature levels as well as adequate ventilation. (3) Exhibit areas shall not be on a surface as to cause animals undo stress and pain to animals such as but not limited to hot asphalt, muddy conditions, etc. (4) No enclosure, performance or exhibit area shall be located in such a manner as to allow the public to come in contact with the animal. (5) No animal shall be made to perform by means of any prod, stick, electrical shock, chemical or physical force, or by causing pain or discomfort. Any whip or riding crop must be used so as to not cause injury to the animaii. (6) No animal shall be caused to fight, wrestle or be physically matched against any other animal or person. (7) No animal shall perform or be displayed in any dangerous situation presenting the danger of physical injury to the animal or person. (8) The humane division must be notified of all displays or performances, including date, time and exact location at least 48 hours in advance of a display or performance. (9) No dog or cat may be killed for the purposes of human consumption or for its fur within the City limits. No domestic animal may be killed for human consumption in such a manner as to disturb the sensibilities of neighboring residences. (1 D) No prohibited, restricted or wild animal will be permitted to be exhibited without proper documentation from appropriate state and federal agencies. Sec. 14 -168. - Removal of animal in immediate danger. Any animal observed by a police officer or humane officer or as otherwise designated by the City Manager to be in immediate danger may be removed from such situation by the quickest and most reasonable means available. �1�1:i � [�] � � ►11 A ill' Cr] �:�il��� �I *I�-� Section 14 -271 - Nuisance declared. It is hereby declared to be a public nuisance for an owner or other person to harbor, keep, or maintain a dangerous dog as defined in section 14 -2 of this chapter in the City unless the owner complies with the requirements of this article and state statutes regulating dangerous dogs. It is hereby declared to be unlawful and a public nuisance for an owner or other person to harbor, keep, or maintain in the City or bring into the City a dog which has been declared dangerous under one (1) or more of the following: (1) Chapter 822 of the Texas Health and Safety Code; (2) a local law or ordinance adopted in accordance with Chapter 822 and governing dangerous animals; or (3) a statute or ordinance that is substantially similar to Chapter 822 and that was adopted by a political subdivision outside of the State of Texas. Section 14 -202 - Determination of a dangerous dog (a) A dog is determined to be a dangerous dog if it meets the requirements found in section 14 -2, "dangerous dog ", and (1) The owner of the dog knows of such an attack as defined in this article; or (2) A person reports a dangerous dog incident as defined in section 14 -2 to the humane division or to the police department and provides an adult statement in writing made under oath before an individual authorized by law to take sworn statements or made at the animal adoption & rescue center before a certified humane officer, setting forth an act described in section 14 -2 and set forth as follows: (a) Nature and the date of the act described in section 14 -2; and (b) The location of the event; and (c) The name and address of the owner of the animal in question; and (d) The description of the animal in question; or (3) The humane division has been notified by another agency that the dog has been determined to be dangerous under the state law or applicable ordinance of the notifying city. (b) The humane officer and the director of neighborhood services shall evaluate the case and determine whether the dangerous dog determination should apply. Section 14 -203 - Notification of Dangerous Dog Determination (a) The humane officer shall furnish written notice to the owner that the dog has been deemed dangerous. Notice shall be given by registered, certified mail, regular mail or hand delivery to the owner of the dog. If the owner cannot be located, notice shall be delivered to any adult at the dog owner's last known physical address or to any adult at the residence where the dog is believed to be kept, if at a location different than the owner's physical address. (b) An owner, not later than the 10 day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the humane officer and director of neighborhood services to municipal court or as otherwise allowed by law. If an owner appeals the determination of the humane officer or director of neighborhood services, a hearing shall be held pursuant to section 14 -204. (c) The humane officer may seek a determination by the court that a dog be determined to be a dangerous dog and that the court consider ordering euthanizing the dog or microchipping and banning the dog from the city. Section 14 -274 - Hearing for dangerous dog determination. (a) The court, on receiving a report that an owner of a dangerous dog has not complied with section 14 -206 or a request for a determination under Section 14- 203(c) or an appeal pursuant to section 14 -202 shall set a time for a hearing to determine whether the dog is a dangerous dog or whether the owner has complied with section 14 -206, or whether the dog should be determined to be dangerous and the action to be ordered. The hearing must be held not later than the tenth day after the date on which the dog is seized or delivered or notice is given to the owner pursuant to section 14 -202. (b) The court shall give written notice of the time and place of the hearing to: (1) The owner of the dog or the person from whom the dog was seized; (2) The person who made the complaint; and (3) Any witnesses including the Humane Division. (c) Any interested party, including the City attorney, is entitled to present evidence at the hearing. (d) The court, after determining that the dog is a dangerous dog or determining that the owner of the dangerous dog has failed to comply with the requirements of section 14 -206 or any order of the court, shall order the humane officer to impound or continue to impound the dangerous dog in secure and humane conditions until such time as: (1) The court orders disposition of the dog and the dog is returned to the owner to be maintained as provided in section 14 -206, (2) The court orders disposition of the dog and the dog is thereby humanely destroyed, (3) The court orders disposition of the dog and the dog is microchipped and is removed from the City; or (4) The dog is deceased. (e) The owner may appeal the decision of the court by following the appropriate procedures for appeal of a decision of municipal court. During the appeal period, the dog shall remain in the custody, care and control of the humane division. If the appeal is ultimately unsuccessful, the owner of the dog shall be responsible for the dog's impoundment fees during the period the case was being appealed. (f) The court shall issue its ruling within twenty -four (24) hours from the conclusion of the hearing. Section 14 -205 - Failure to surrender dog It shall be a separate violation of this article for any person to refuse or fail to surrender a dog subject to this article, or harbor, 'hide or secret, transport or secure the transport of a dog subject to this article, for the purpose of preventing its impoundment. Section 14 -206 - Requirements for owners of a dangerous dog. (a) Not later than the fifteenth day after a person learns that the person is the owner of a dangerous dog, the person shall: (1) Register the dangerous dog with the humane officer and pay an annual registration fee of six hundred dollars ($600.00). (2) Restrain the dangerous dog at all times on a leash of sufficient strength to restraint the dog in the immediate control of a person or in a proper enclosure as defined in section 14 -2 of this chapter with the requirement that the enclosure be posted with signs, that may be purchased at the Humane Division, on all sides in four -inch letters capable of being read from the public street or highway warning of the presence of dangerous dog and shall include a symbol of dangerous dogs understandable by young children; (3) Obtain and maintain liability insurance coverage or show financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the humane division each year at the time of annual registration or upon request. (4) Secure the dangerous dog with a muzzle in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting any person or dog when the dangerous dog is taken off the property of the owner for any reason, (5) Provide the dangerous dog with a fluorescent orange or yellow collar, that may be purchased at the humane division, with the word "danger" inscribed on the collar to be worn by the dog at all times and to be visible at fifty (50) feet in normal day light so that the dog can be identified, (6) The dog shall be spayed or neutered prior to being returned to the owner and the cost of the service shall be at the owner's expense; and (7) The humane officer shall implant a microchip identification device on the dog immediately after the court has ruled in a hearing pursuant to section 14 -204 that such dog is dangerous. The dog's microchip shall be registered with a national registry. The cost of the service shall be at the owner's expense; and (8) The owner shall agree to be inspected annually or more frequently at the humane officer's discretion to determine compliance with this section or any order of the court as applicable. (b) The owner of a dangerous dog shall notify the humane officer within twenty -four (24) hours if the dangerous dog is at large, unconfined, has attacked a human being or another animal, has died, or has been sold or given away. (c) If an owner of a dangerous dog that is required to be registered moves the dog to a new address, the owner, not later than the fifth business day after the date of the move, shall notify the humane division of the new address and shall be subject to inspection by the humane division if the new address is located within the City of NRH. (d) If an owner of a dangerous dog that is required to be registered sells the dog or gives the dog to a new owner, the dangerous dog is no longer permitted to reside in the City limits of the City of North Richland Hills. (e) Dogs declared dangerous by another jurisdiction are not permitted to reside in the City limits of the City of North Richland Hills. Section 14 -207 - Proof of Compliance (a) Humane Division may, in their discretion, may request the owner of a dangerous dog to show proof, on a quarterly basis, of compliance with this article. If the humane division determines that the owner of a dangerous dog has failed to comply with any requirement listed in section 14- 206(x), the humane officer shall issue notice of non - compliance to the owner of the dangerous dog and said owner shall deliver the dog immediately to the humane officer. (b) If the humane officer is not in receipt of the dog immediately after delivery of the notice, then the court shall order the humane officer or his designee to seize the dog and the court shall issue a warrant authorizing the seizure. The humane officer shall seize the dog and shall ,provide for the impoundment of the dog in secure and humane conditions. After the expiration of three (3) days, if the owner of the dangerous dog has not sufficiently presented proof to the humane officer that he or she is in compliance with subsection (a), the humane officer shall refer the case to the municipal court for notice and hearing. (c) Upon proof to the court of the dangerous dog owner's non - compliance, the court shall enter, no later than the day of the hearing, a final order for the humane destruction of the dog or an order for the removal of the dog from the City. (d) The owner shall pay all costs and or fees assessed by the municipality related to the seizure and impoundment of the dog, including, but not limited to, boarding fees, microchip procedure, city license and rabies vaccination. Section 14 -249 Attack by a dangerous dog (a) A person commits an offense if the person is the owner or harborer of a dangerous dog and the dog makes an unprovoked attack on a person or another animal outside the dog's enclosure and causes bodily damage to the person or other animal. (b) If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by the humane division or a licensed veterinarian. (c) In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000.00). The City attorney may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the City. (d) Nothing in this ordinance should be construed to prohibit a victim or victim's family from filing a claim against the owner of a dangerous dog or any dog, cat, or ferret that inflicts injury upon a person, their pet animal, livestock or fowl. Section 14 -210 -Violations. (a) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with any section of this article; (b) An offense under this section is a Class C misdemeanor. Section 14 -211 - Defenses. (a) It is a defense to prosecution under this article that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter or person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody or control of the dog; provided, however, that for any person to claim a defense under this section, that person must be acting within the course and scope of his or her official duties with regard to the dangerous dog. (b) It is a defense to prosecution under this article that the person is an employee of the institutional division of the Texas Department of Criminal Justice or of a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes; provided, however, that for any person to claim a defense under this section, that person must be acting within the course and scope of his or her official duties with regard to the dangerous dog. (c) It is a defense to prosecution under this article that the dog at issue is a trained guard dog in the performance of official duties while confined or under the control of its handler. ►_ 1A 9[ 911=110IIM' iVI1171* 10 1t1 IMB1,1► cc] �:,1►II�Jf-1 %' Sec. 14 -251. - Exhibitions of wild /dangerous animals prohibited. No person shall keep, or permit to be kept, on his premises any wild or dangerous animal for display or for exhibition purposes, whether gratuitously or for a fee. Sec. 14 -252. - Prohibited animals. No person may possess a venomous reptile, elephant, rhinoceros, skunk, raccoon, fox, coyote, bat, lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, bobcat, lynx, serval, caracal, hyena, bear, jackal, lesser panda, binturong, non -human primate, wolf or any hybrid of these animals or any other dangerous animal which is or may be here after listed as a "high risk" animal in the Texas Rabies Control Act in V.T.C.A., Health and Safety Code § 822. 101 et seq. Sec. 14 -253. - (Restricted animals. No person may possess any individual species or subspecies of the following without a permit issued through the humane division; miniature pig not to exceed 120 pounds in weight and twenty (20) inches in shoulder height shall be registered with the humane division and shall meet all requirements set out in section 14- 255(2). Sec. 14 -254. - Nonvenomous reptiles. No person may possess any individual species or subspecies of any of the following animals without a permit issued through the humane division; nonvenomous reptiles shall be registered with the humane division and shall meet all requirements set out in section 14- 255(2). Sec. 14 -255. - Permit requirement for restricted animal ownership. Any person who wishes to possess a restricted animal in the City limits must: (1) Apply for said permit at the animal adoption and rescue center and provide the following information and documentation: a. A health certificate from a licensed veterinarian stating that the animal is free from symptoms of infectious disease or is under treatment. A new health certificate is required each time the permit is renewed. Copy will remain with the humane division. Such certification shall include: 1. Certification that the animals been spayed or neutered. 2. List of types and dates of vaccinations — to include in the case of miniature pigs erysipelas, parvo virus and leptospirosis. 3. Recent description of animal giving the age, weight and height. b. Copies of applicable state or federal permits or license as required by either of those entities for the keeping of the particular animal in question. These copies will be retained by the humane division. C. Information relating to the owner including emergency telephone numbers and telephone numbers for their veterinarian in case of emergencies. d. Present proof of liability insurance or financial responsibility in the amount of $100,000.00 to cover the damages resulting from an escape and/or attack by the animal to be permitted. e. Owner has attended a course approved by the humane division in the care and maintenance of the animal in question and presents proof of satisfactory completion to the humane division. (2) Before a permit is issued the humane division or as otherwise designated by the City Manager shall inspect the facility where the animal is to be kept, which must meet the following criteria: a. Each enclosure must provide adequate exercise area and sleeping quarters. b. Proper temperature control and ventilation for the particular species must be provided in both areas. C. Each enclosure must be kept locked and designed so that no one can enter or place appendages in the enclosure. d. Each enclosure must be constructed so as to prevent the animal from escaping. e. Each enclosure must be kept in good repair to prevent both escape and injury to the animal. f. Each enclosure must have a water container which is secured so as to prevent its being overturned. g. Each enclosure must be cleaned daily. (3) There shall be a maximum of two miniature pigs on the property. (4) Owners keeping permitted restricted animals shall maintain them as inside pets. Miniature pigs shall be permitted outside for brief periods in order to exercise or for the elimination of waste. This outside area shall be such as to restrict the miniature pig from escaping. (5) If transported to the veterinarian, the animal must 'be kept in an escape proof cage previously approved by the humane division. (6) Each animal must be provided with continuous clean water and must be fed a diet approved by a licensed veterinarian. (7) Any animal which has bitten or scratched someone must be immediately surrendered to the humane division or as otherwise designated by the City Manager for euthanasia and testing by the state department of health. A live test approved by the state department of health may be substituted for euthanasia. (8) A fee for restricted animal permit shall charged and the permit shall expire one year from date of issuance and shall not be transferable. Sec. 14 -256. - Violation of permit requirements. Failure to comply with the permit requirements shall constitute a violation of this article and each day of noncompliance shall constitute a separate offense. Sec. 14 -257. - Exemptions. The article does not apply to: (1) Zoological park accredited by the American Association of Zoological Parks and Aquariums. (2) Federally - licensed research institutions. (3) Any government agency or its employee who use the animals for an agency related to education, propagation, or behavior program. (4) Anyone holding a valid rehabilitation permit pursuant to V.T.C.A., Parks and Wildlife Code § 43.011 et seq. but only for animals which are in rehabilitation and scheduled to be released to the wild. Sec. 14 -258. - Permit required. Any person in possession or in control of a restricted animal as defined in this article at the time of passage of this chapter shall have 30 days from passage to obtain a permit required by this chapter. From and after said 30 day period, said person who fails to obtain a permit shall be in violation of this chapter. ARTICLE IX. - PENALTIES Sec. 14 -291. - Penalty for violation. Any person who violates any of the provisions of articles I through VIII of this chapter shall be guilty of a misdemeanor and upon conviction thereof punished as provided in § 1 -13. ARTICLE X. - RESPONSIBLE PET OWNER PROGRAM Sec. 14 -321 . - Purpose of program. The responsible pet owner program for pet owners established in this article is designed to reduce the incidences of repeat offenders as well as educate the participants as to the responsibilities entailed in owning a pet in an urban environment. The program stresses the "good neighbor" concept of responsible pet ownership and gives the participants information on the role of the humane officer in the community. Sec. 14 -322. - Definitions. When used in this article, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows: First offender means a person that has received a citation for an animal related offense for the first time where that offense occurred in the City. Responsible pet owner program means the responsible pet owner program conducted by the humane division of the neighborhood services department. Sec. 14 -323. - Program established; availability to pet owners. (a) Established. The responsible pet owner program shall be established by the humane division of the neighborhood services department. (b) Availability. The responsible pet owner program shall be made available to all pet owners in the City and shall be offered on a regular basis as staffing permits or as needed. Sec. 14 -324. - Eligibility. (a) First offenders. First offenders shall be eligible to participate in the responsible pet owner program in lieu of payment of the citation fine and only after entering a plea of guilty or no contest. (1) At the judge's discretion the fine may be waived if the first offender states that he will attend and actually attends the responsible pet owner program within 90 days of receiving the first citation. (2) It shall be the responsibility of the first offender to notify and supply the municipal couirt with proof of attendance. (b) Allocation of available spaces. The program shall be available to all pet owners in the City; however, available places shall be first offered to first offenders applying for the program. Sec. 14 -325. - Fees and penalties. (a) Registration fee. There shall be a registration fee as established in Appendix A for the responsible pet owner program that must be paid when registering for the program, prior to attendance. (b) Citation fee for failure to attend. If the first offender fails to attend the responsible pet owner program within the required 90 days, the citation fee shall be assessed through municipal court. 1_1A9[a]4 *tlMa=1�'� Sec. 14 -351. - Fees related to impoundment and surrender of animals. (a) Altered animals. Fees for the impoundment of altered animal shall be as established in Appendix A for the following categories. The director of finance shall review the fees annually and adjust the fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. (1) First impoundment. (2) Second impoundment. (3) Third impoundment. (b) Unaltered animals. Fees for the impoundment of unaltered animal shall be as established in Appendix A for the following categories. The director of finance shall review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. (1) First impoundment. (2) Second impoundment. (3) Third impoundment. (c) Boarding fee. A boarding fee, per night, shall be as established in Appendix A. The director of finance shall review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. (d) Quarantine fee. A quarantine fee, per night, shall be as established in Appendix A. The director of finance shall review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. (e) Surrendered animals. The fee for surrendered animals shall be as established in Appendix A for the following categories. The director of finance shall review all fees annually and adjust fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. (1) Animal surrendered by city resident or a contract city. (2) Animal surrendered by nonresident — accepted based on space availability at the Humane Division by a non - resident or contract city. (3) Large animals surrendered. (4) Surrender for rabies analysis. (f) Reduction in impoundment fee. A dog or cat wearing a current license tag and impounded for first time is eligible for 50 percent reduction in impoundment fee. (g) Rebate for altering animal. When an unaltered animal has been impounded, a $15.00 rebate will !be given to the owner if proof that the animal has been altered is presented within 30 days of the initial impoundment. Sec. 14 -351 .1 . - Fees for cremation. Except for those veterinarians providing neuter /spay services to the City, a fee shall be charged to veterinarians and contract cities who bring deceased animals to the City's crematorium for disposal. Such fee shall be charged for each such animal. Cremation may be refused if the City is unable, due to available personnel or condition of equipment to timely cremate such animals. Sec. 14 -352. - Fees related to licensing. Fees related to licensing shall be as established in Appendix A for the following categories. The director of finance shall review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. (1) Unaltered dog, cat or ferret. (2) Altered dog, cat or ferret. (3) Altered animal whose legal owner is 65 years of age or older. (4) Dogs which are professionally and specifically trained to assist disabled owner. (5) Duplicate replacement tag. (6) Late animal license fee (past 30 days). (7) Guard dog. Sec. 14 -353. - Fees related to estrays. Fees related to estrays shall be as established in Appendix A. The director of finance shall review the fees annually and adjust the fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. (1) Impoundment of estray. (2) Board, per night. Sec. 14 -354. - Fee for inspection of riding stables. The fee for inspection of riding stables shall be as established in Appendix A. The director of finance shall review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. Sec. 14 -355. - Fees related to dangerous dogs. Fees related to dangerous dogs shall be as established in Appendix A. The director of finance shall review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. Sec. 14 -356. - Fee for restricted animal permit. The fee for a restricted animal permit shall be as established in Appendix A. The director of finance shall review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. Sec. 14 -357. - Fees related to pet shops, kennelsJcatteries and multiple pet owners. Fees related to pet shops, kennelslcatteries and multiple pet owners shall be as established in Appendix A. The director of finance shall review the fees annually and adjust the fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. Sec. 14 -358. - Control and violation notices. The fees for control and violation notices shall be as established in Appendix A. The director of finance shall review the fees annually and adjust the fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. Sec. 14 -359. - Adjustment for consumer price index. The director of finance shall review all neighborhood services fees annually and adjust fees by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the Department of Commerce. 1,1:40 M4 W41 Wilk'IMF l01?,119111 z W,1:11k' k0 Sec. 14 -391. - Impoundment generally. Animals owned or harbored in violation of this chapter or law of the state shall be taken into custody by a humane officer or other designated official and impounded under the provisions of this chapter. Sec. 14 -392. - Disposition of impounded animals. (a) Animals with no identification. All animals impounded by the humane division or brought to the animal adoption and rescue center by a person other than the harborer or owner of that animal shall be held for a minimum of four (4) consecutive business days during which time period the owner may present proof of ownership at the center and after paying all applicable fees, that owner may reclaim the animal . In the event that the animal is not claimed after four (4) consecutive business days in the center, that animal shall become the property of the City. (b) Animals with identification. Animals impounded by the humane division or brought to the animal adoption and rescue center by a person other than the harborer or owner of that animal that are wearing traceable identification or where a possible owner is known shall be held in the center for a minimum of seven (7) consecutive business days from the time the animal enters the facility, during which time the humane division shall notify the owner, when known, of the impoundment. Unless the owner has notified the (humane division in writing of his intentions to claim the dog/cat after that date, listing a date by which time that owner will reclaim the dog/cat and satisfy all applicable fees and this arrangements has been approved by the humane division supervisor, the animal shall become the property of the City on the eighth (8) business day. (c) Animals surrendered by ownerfharborer. All animals surrendered by the owner/harborer to the humane division shall become the property of the City immediately upon completion of the owner/harborer surrender form. Such animals shall be available for disposition the next business day. (d) Animals other than dogs, cats, ferrets or estrays impounded. All animals other than dogs, cats, ferrets, estrays, or animals holding current restricted animal permits in the City impounded by the humane division or brought to the center by a person other than the owner/harborer shall become the property of the City unless such ownership is prohibited by state or federal law. (e) Disposition of animals. Final disposition of all unclaimed animals shall rest with the humane division. The humane division or as otherwise designated by the City Manager shall retain sole authority to determine the final disposition of each animal in its custody once that animal becomes the property of the City, and shall not place any animal for adoption that is classified in this chapter as prohibited. Animals shall be euthanized by an injection of sodium pentobarbital or substances approved for euthanasia by the American Veterinary Medical Association and/or the Texas Veterinary Medical Association to be administered by a certified euthanasia technician. All animals listed as endangered or protected shall be transferred to the proper authority at the earliest possible date. Sec. 14 -393. - Animals held on complaint. If a complaint has been filed in municipal court for the City against the owner of an impounded animal for a violation of this chapter, the animal shall not be released except on the order of the humane division which may also direct the owner to pay any penalties for violation of this chapter in addition to all impoundment fees. Surrender of an animal by the owner thereof to the humane division does not relieve or render the owner immune from the decision of the court, nor from the fees and fines which may result from a violation of this chapter. Sec. 14 -394. - Removal of animals from confinement. It shall be unlawful for any person to remove from any place of confinement any animal which has been confined as authorized, without the consent of the impounding agency. Sec. 14 -395. - Animals at large; restraint. It shall be unlawful for any person owning or harboring an animal to permit such animal to run at large. Any officer or citizen of the City is hereby authorized to take up and deliver to the animal adoption and rescue center any animal mentioned in this chapter that may be found "at large" in the corporate limits of the City, subject to the applicable provisions of the law. Failure to notify and/or turn over to the humane division any such animal within 48 hours may subject the person taking up the animal to civil and /or criminal action. The humane officer or his agent and peace officer or as otherwise designated by the City Manager are authorized to impound any animal mentioned in this chapter which is in violation of the chapter. In the event the animal is on private property or property of the animal's owner the humane officer may enter the property, other than a private dwelling, for the purpose of impoundment or issuance of a citation, or both, subject to the applicable provisions of the law. (1) It shall be unlawful for any animal to "run at large" as defined in section 14 -2 of this chapter. (2) No animal may be restrained by a chain or tether unless the person is holding the chain or tether. (3) The prohibition of subsection (2) does not apply to a temporary restraint: a. During a lawful animal event, veterinary treatment, grooming, training, or law enforcement activity; or b. That is required to protect the safety or welfare of a person or the animal, if the animal's owner or handler remains with the animal throughout the period of restraint. This period shall not exceed three (3) hours in a 24 -hour period, and no longer than necessary for the owner to complete a temporary task that requires the animal to be restrained. C. A person restraining an animal with a chain or tether shall attach the chain or tether to a properly fitted collar or harness worn by the animal. A person may not wrap a chain or tether directly around the animal's neck. A person may not restrain an animal with a chain or tether that weighs more that 1118 of the animal's body weight. A chain or tether used to restrain an animal must, by design and placement, be unlikely to become entangled. d. A person may not restrain an animal in a manner that does not allow the animal to have access to necessary proper shelter and clean water. e. A person may not restrain an animal in a manner that allows the animal to move outside the person's property. Sec. 14 -396. - Confinement during estrus. Any unspayed female animal in the state of estrus (heat) shall be confined during such period of time in a house, building, or secure enclosure, and said area of enclosure shall be so constructed that no other animal may gain access to the confined animals. Owners who do not comply shall be ordered to remove the animal in heat to a veterinary hospital or the animal adoption and rescue center. All expenses incurred as a result of this confinement shall be paid by the owner. Failure to comply with the removal order of the humane division shall be a violation of this chapter, and the animal will then be impounded as prescribed in this chapter. Sec. 14 -397. - Adoption of animal. All animals which are adopted from the animal adoption and rescue center shall be surgically altered to prevent reproduction in that animal before leaving the animal adoption and rescue center provided the animal is eight (8) weeks or older or two (2) pound or more in body weight. (1) Animal not eligible for altering. If the animal is not eligible for altering before leaving the center due to age or medical condition, that animal shall be surgically altered as soon as medically safe. The person fostering that animal shall sign an agreement stating that they will have said animal surgically altered at that time. (2) Responsibility for proof. It shall be the responsibility of the person fostering to provide proof of altering to the humane division. (3) Recovery of unaltered animal. Failure to comply with this section or failure to comply with the terms of either of the above agreements shall give the humane division the right to recover the fostered animal in question and revoke the foster's adoption contract. Such failure shall also constitute a violation of this chapter. (4) Adoption fee. The adoption fee shall be offset on a tiered scale dependent on the total cost of medical expenses incurred not to include routine vaccinations or grooming expenses. (5) Rabies vaccination. A person adopting a dog cat or ferret that is not yet three months of age shall have that animal vaccinated for rabies by a veterinarian licensed within the state by the date specified during the adoption procedure. The person adopting the animal is responsible for providing proof of rabies vaccination to the humane division within 48 hours of vaccination date. (6) Financial responsibility (a) Fosters. Fosters bear all financial responsibilities toward the care of the pet they intend to adopt. 1. If the foster is not able to provide the necessary care then the pet shall be returned to the animal adoption and rescue center. 2. No reimbursements for medical expenses will be available (b) Adopters. Adopters bear all financial responsibilities toward the care of the pet they adopt. 1. The adopted animal can be returned within two weeks of adoption and a full refund will be provided. 2. If after two weeks the pet can still be returned but no refund will be available. 3. Any medical expenses incurred shall be the sole responsibility of the adopter. (c) City. The City bears no financial responsibility once a pet is fostered or adopted and is in the care of the foster or the adopter. Sec. 14 -398. - Surrender of animals. There shall be a fee for surrender of animals by owner /harborer to the animal adoption and rescue center. (1) Small animals. For small animals such as dogs cats, ferrets , small birds and pocket pets, a fee shall be charged per animal. In the event a litter (under 60 days of age) is surrendered the charge shall be the same as a single animal, with or without the mother. (2) Large animals. For large animals such as chickens, peacocks, horses, cows, goats, sheep and pigs, a fee shall be charged per animal. (3) Surrendered animals from other cities. Owners of animals who reside outside the City who bring their animals to the center shall pay a fee and accepted as space is available. Priority shall be placed on residents or contract cities surrendering their animals. Sec. 14 -399. - Payment of fees. It shall be a violation of this article to fail to pay all fees due in accordance with this chapter or the humane division fees in Appendix A. Sec. 14 -400. - Control notice. Where violations of restraint requirements are observed, any humane officer or as otherwise designated by the City Manager may issue a control notice in lieu of a citation. The control notice will stipulate the violation observed, associated fees and a compliance date, as well as a waiver provision providing that the person to whom the control notice is issued waives all rights to protest such notice and waives all rights to a hearing on the issue relating to that notice. All associated fees shall be paid to the humane division. Failure to pay the associated fees by the compliance date or failure to waive rights by the compliance date shall constitute a violation of this article and may result in the issuance of a citation. Sec. 14 -401. - Surgical alteration required. Any owner of an animal who is cited and convicted or who pleads guilty or who receives differed adjudication for a restraint violation of this chapter on two occasions within a 12- month period, shall have the animal spayed or neutered within seven days of the conviction or plea. Verification from the veterinarian performing the surgery shall be provided to the humane division in writing within seven days of the surgery. ARTICLE XIII. - ESTRAYS Sec. 14 -431. - Unattended estray; penalty. It shall be unlawful for any person, firm or corporation to allow an estray to be unattended upon any public street, alley, thoroughfare or upon the property of another in the corporate city limits of the City. The person, firm or corporation having ownership of right to immediate control of such estray shall have the burden to keep such estray off the public streets, alleys, and thoroughfares or the property of another in the City. Any person, firm, or corporation violating any portion of this section shall be deemed guilty of a misdemeanor and shall be fined as provided in section 1 -13. Sec. 14 -432. - Impoundment. It shall be the duty of the humane division or as otherwise designated by the City Manager in absence of action by the county sheriffs office, to take up any and all estray that may be found in and upon any street, alley, or upon any unenclosed lot in the City, or otherwise to be found at large, and to confine such estray for safe keeping. Upon impounding an estray, the humane division or as otherwise designated by the City Manager shall prepare a "Notice of Estray" and file such notice in the " Estray Book" located in the animal adoption and rescue center. Each entry shall include the following: (1) The name and address of the person who notified the humane division of the estray; (2) The date, time and location of the estray when found; (3) The location of the estray until disposition; and (4) A description of the animal including its breed, color, sex, age, size, all markings of any kind, and other identifying characteristics. I Sec. 14 -433. Disposition of impounded estray. When an estray has been impounded, the humane division or as otherwise designated by the City Manager shall within 24 hours of impound contact the Tarrant County Sheriff's Department to notify them of the impound as well as to request a pick up of the animal to be placed into their custody. Sec. 14 -434. - Recovery by owner. The owner of an estray may recover possession of the animal at any time before the animal is turned over to the custody of the Tarrant County Sheriff's Department: (1) The owner has provided the humane division with an "Affidavit of Ownership" of the estray containing at least the following information: a. The name and address of the owner; b. The date the owner discovered that the animal was an estray; C. The property from which the animal strayed; d. A description of the animal including its breed, color, sex, size, all markings of any kind, and any other identifying characteristics. (2) The humane division has approved affidavit; (3) The affidavit has been filed in the "Estray Book ;" (4) The owner has paid all estray handling fees to those entitled to receive them; (5) The owner has executed an "Affidavit of Receipt" containing at least the following information: a. The name and address of the person receiving the estray; b. Date of receipt of estray; C. Method of claim to estray (owner purchaser at sale); d. If purchased at sale, the amount of gross purchase price; e. Amount of estray handling fees paid; f. The net proceeds of the sale; and (6) The humane division has filed the "Affidavit of Receipt" in the "Estray Book. " Sec. 14 -435. - Fees. For each and every estray taken and impounded there shall be paid to the City by the owner thereof or his agents a fee for the taking and impounding of the estray and a fee set for each night, except for the first day, for each and every subsequent day that the animal shall remain in the custody of the humane division, such fee being charged for the caring and feeding of such animals. The owner shall also pay for any veterinarian or drug fees incurred for the animals while in the custody of the humane division. These fees are set out in Appendix A. The director of finance shall review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. Sec. 14 -438. - Use of estray. During the period of time an estray is held by one who impounded the estray, the estray may not be used by any person for any purpose. Sec. 14 -439. - Death or escape of estray. If the estray dies or escapes while held by the person who impounded it, the person shall report the death or escape to the humane division. The report shall be filed in the " Estray Book." Sec. 14 -440. - 'Breeding of animals. It shall be unlawful for the owner or harborer of any animal listed in this article to knowingly permit or cause to be permitted the breeding of any such animal within the public view. Sec. 14 -441. — Enclosures It shall be unlawful for any person to keep any horse, cow, cattle, sheep, or goats within 100 feet of another resident or occupied building, or any hog or pig within 500 feet of another residence or occupied building, except that property containing at least three acres of land, in agriculture zoning, with no more than five horses and no other offending animals, shall not be in violation if the horses were being legally kept before the construction of the residence which would give rise to the violation. Sec. 14 -442. — Number of agricultural animals in AG and R-1 -S The housing, boarding, breeding, training, harboring, or keeping of agricultural animals such as horses, cows, cattle, sheep, fowl, or goats shall be restricted to properties for the first acre and one for every full acre thereafter. ARTICLE XIV. - KENNELS, CATTERYS, PETSHOPS AND MULTIPET HOUSEHOLDS I11 UI E- 1C07►fi MCI =1►1=1k7,1IWA DIVISION 2. - KENNELS OR CATTERYS Sec. 14 -491. - Boarding. (a) Minimum standards. All boarding kennels or catterys shall, in addition to the other requirements of this chapter, comply with the minimum standards of this section. Failure to meet these standards shall be grounds for denial or revocation of a license pursuant to article III of this chapter and the issuance of a citation subjecting the owner to the penalties provided in this chapter. Facilities shall be subject to inspection by a humane officer upon their request during reasonable hours. (b) Indoor enclosures. Indoor enclosures (cages, kennels or runs) shall be provided for each animal housed. These enclosures shall be constructed of an impervious material. Floors shall be metal, fiberglass, concrete or covered throughout with a minimum of three inches of gravel. Enclosures must be cleaned daily with a disinfectant, cleanser or chlorine bleach. Cleaning materials must be present at the time of any inspection in amounts sufficient to clean the entire facility. Animals must be removed from enclosures during cleaning. (c) Building temperature. Building temperature shall be maintained at a comfortable level. Adequate ventilation shall be maintained by means of windows, doors, vents, and fans. (d) Sufficient space. Each animal shall have sufficient space to stand up, lie down, and turn around in a natural position without touching the sides or top of the enclosure. If additional space is not provided, either indoor or outdoor, then this enclosure must provide an adequate exercise area. (e) Beds or resting benches. Beds or resting benches shall be constructed of an impervious material. (f) Outdoor runs or enclosures. Outdoor runs or enclosures may be provided in addition to the indoor enclosures. These outdoor enclosures may be separated or attached to the indoor enclosures. These outdoor enclosures shall be constructed of an impervious material with floors as in subsection (a) of this section. (g) Cleanliness and dryness. All enclosures shall be kept clean and dry. (h) Protection from weather. All enclosures shall provide protection from the weather. (i) Food. The food shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. (j} Water. All animals shall have fresh water available at all times except as part of a veterinary treatment regimen. Water vessels shall be mounted or secure in a manner that prevents tipping and be of the removable type, except in areas where animals are kept for medical recuperative purposes. (k) Veterinary care. Veterinary care shall be provided to maintain good health and general welfare and to prevent suffering. All costs for such care will be paid for by the Class A kennel or cattery and D Non- Profit Rescue and reimbursed by the owner of the puppy, dog, cat or kitten unless such care is the result of negligent action or inaction of the owner of the Class A kennel or cattery and Class D Non - Profit Rescue. (I) Proof of license and rabies vaccination. Animals over the age of three months which are boarded must have proof of a valid city animal license (if applicable) and rabies vaccination. (m) License application for unlicensed pets. Owners of boarded animals which do not have proof of a valid pet license shall be presented with a license application by the boarding kennel or cattery. Such application shall be supplied by the humane division. The owner shall be advised by the boarding kennel or cattery of the licensing requirement and that they are subject to a citation should the kennel or cattery be inspected while their animal is being boarded. The boarding kennel or cattery shall provide the name and address of any animal being boarded to humane division upon request. Sec. 14 -492. - Class A kennels or catterys. All Class A kennels or catterys shall, in addition to the other requirements of this chapter, comply with the minimum standards of this section. Failure to meet these standards shall be grounds for denial or revocation of a license pursuant to article III of this chapter and the issuance of a citation subjecting the owner to the penalties provided in this chapter. Facilities shall be subject to inspection by a humane officer upon request during reasonable hours. Each Class A kennel or cattery shall comply with the standards set forth in section 14 -491 in addition to the following standards. (1) Each dog or cat, three months of age or older, must have proof of a valid vaccination against rabies. (2) Each purchaser of a dog, cat, puppy, or kitten shall be provided with a copy of section 14 -512, regarding puppies, dogs, kittens, cats and their certification as unfit for purchase, of this chapter by the kennel or cattery and with a city animal license application. (3) Each Class A kennel or cattery license shall apply to up to five dogs or cats and shall require an additional Class A kennel or cattery license for each increment of up to five dogs or cats. (4) The facility /premises must be adequate for the number and type of animals to be kept. a. Facilities /premises shall be of sufficient size as to allow animals to move about freely. This shall apply to each animal kept. Size of the facility shall be in proportion to the size of the individual animal's height and weight. b. Adequate food and water must be provided so that each and all animals kept shall be maintained in good health and free of malnutrition and/or dehydration. C. The said premises shall be kept in a sanitary condition and reasonably free of animal waste, parasites, insects and flies that could be harmful to the animal's health and/or to the health of the general public d. The said premises shall be adequate to keep the animals from running at large and disturbing adjoining, adjacent or neighboring premises, (5) The animals and the facility must be kept free of odor or stench which is offensive to a person of ordinary sensibilities, (B) The animals must be maintained in a manner which does not pose a danger to the health of the animals themselves, adjacent animals or their care giver, (7) The animals must not cause noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent, or neighboring premises; (8) Additional licenses may be denied. (9) Any additional animals brought onto the property must be approved by the humane division prior to their arrival. Failure to notify the humane division of additional animals is grounds for revocation of licenses and the number of animals on premises must be brought down to minimum allowed per ordinance within 10 days of written notification from humane division. (10) Must be in compliance with all zoning, code compliance and consumer health regulations. Sec. 14 -493. - Class B kennels or catterys. (a) Generally. All Class 'B kennels or catterys shall, in addition to the other requirements to this chapter comply with the minimum standards of this section. Failure to meet these standards shall be grounds for denial or revocation of a license pursuant to article III of this chapter and the issuance of a citation subjecting the owner to the penalties provided in this chapter. Facilities shall be subject to inspection by a humane officer upon their request during reasonable hours. (b) Animals kept primarily indoors. shall be provided with wholesome food and clean water, a clean living environment free of accumulated waste and debris, comfortable temperature and ventilation, and provided veterinary care when needed. If allowed access to outdoors on a temporary basis, the outdoor area shall be kept free of waste and debris and well drained. Such outdoor area shall comply with all restraint requirements contained in this chapter. (c) Animals kept primarily outdoors. Animals kept primarily outdoors shall be provided with adequate shelter, a clean living environment free of accumulated waste and debris, supplemental protection from weather extremes and well drained. Such outdoor area shall comply with all restraint requirements contained in this chapter. (d) Limitation on number of dogs and cats. Each Class B kennel or cattery license shall apply to no more than five dogs and/or five cats, three months of age or older. Any additional dogs or cats three months of age or older must be licensed individually. (e) The animals must be maintained in a manner which does not pose a danger to the health of the animals themselves, adjacent animals or their care giver; (f) The animals must not cause noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent, or neighboring premises, (g) Any additional animals brought onto the property must be approved by the humane division prior to their arrival. Failure to notify the humane division of additional animals is grounds for revocation of licenses and the number of animals on premises must be brought down to minimum allowed per ordinance within 10 days of written notification from humane division. (h) Information to owner. Each purchaser of a dog, cat, puppy or kitten shall be provided with a copy of section 14 -512, regarding puppies, dogs, kittens, cats and their certification as unfit for purchase, of this chapter by the kennel or cattery and with a city animal license application. (i) Must be in compliance with all zoning, code compliance and consumer health regulations. Sec. 14 -494. - Class C kennel. (a) General standards. Any Class C kennel shall, in addition to the other requirements of this chapter, comply with the standards of this section whenever any dog is trained for guard, sentry or obedience purposes. 'Failure to meet these standards shall be grounds for denial of or revocation of a kennel license, and the issuance of a citation subjecting the owner to the penalties provided in this chapter. Facilities shall be subject to inspection by an animal services officer upon his request during reasonable hours. (b) Specific standards. Class C kennels shall comply with the standards set forth in section 14 -491, regarding a boarding kennel or cattery in addition to the following standards: (1) The area used for training shall be clean, free of accumulated waste and debris and well drained. (2) Outdoor areas where animals are trained for guard or sentry work, must be completely enclosed or surrounded by a fence at least eight feet in height, installed at or below ground level with anti - climbers at the top. (3) Enclosures and the training area must be locked at all times to prevent unauthorized entry or escape of the animals. (4) No training shall employ the use of chemicals, electrical or mechanical devices which may cause pain, injury or death. (5) The facility /premises must be adequate for the number and type of animals to be kept. a. Facilities /premises shall be of sufficient size as to allow animals to move about freely. This shall apply to each animal kept. Size of the facility shall be in proportion to the size of the individual animal's height and weight. b. Adequate food and water must be provided so that each and all animals kept shall be maintained in good health and free of malnutrition and/or dehydration. C. The said premises shall be kept in a sanitary condition and reasonably free of animal waste, parasites, insects and flies that could be harmful to the animal's health and /or to the health of the general public, d. The said premises shall be adequate to keep the animals from running at large and disturbing adjoining, adjacent or neighboring premises, (6) The animals and the facility must be kept free of odor or stench which is offensive to a person of ordinary sensibilities, (7) The animals must be maintained in a manner which does not pose a danger to the health of the animals themselves, adjacent animals or their care giver, (8) The animals must not cause noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent, or neighboring premises, (9) Any additional animals brought onto the property must be approved by the humane division prior to their arrival. Failure to notify the humane division of additional animals is grounds for revocation of licenses and the number of animals on premises must be brought down to minimum allowed per ordinance within 10 days of written notification from humane division. (10) Must be in compliance with all zoning, code compliance and consumer health regulations. Sec. 14 -495. - Class D non- profit rescue permit. All Class D non - profit rescue permit shall, in addition to the other requirements of this chapter, comply with the minimum standards of this section. (Failure to meet these standards shall be grounds for denial or revocation of a license pursuant to article III of this chapter and the issuance of a citation subjecting the owner to the penalties provided in this chapter. Facilities shall be subject to inspection by a humane officer upon request during reasonable hours. Each Class D non - profit rescue permit shall comply with the standards set forth in section 14-491 in addition to the following standards. (1) Each dog or cat, three months of age or older, must have proof of a valid vaccination against rabies. (2) It shall be the responsibility of the foster household to provide the humane division with a copy of the non profit rescue group's 501c3 IRS letter of determination, a letter authorizing them as a foster home with their group and/or any additional documentation requested by the humane division. (3) Each fostered rescue animal residing on premises over 10 calendar days shall be licensed with the humane division and such license fee shall be waived. (4) It shall be the responsibility of the harborer to inform the humane division as animals are adopted and not returning to premises. (5) Each Class D non- profit rescue permit shall apply to up to five dogs or cats and shall require an additional Class D non - profit rescue permit for each increment of up to five dogs or cats. (B) The facility /premises must be adequate for the number and type of animals to be kept. a. Facilities /premises shall be of sufficient size as to allow animals to move about freely. This shall apply to each animal kept. Size of the facility shall be in proportion to the size of the individual animal's height and weight. b. Adequate food and water must be provided so that each and all animals kept shall be maintained in good health and free of malnutrition and/or dehydration. C. The said premises shall be kept in a sanitary condition and reasonably free of animal waste, parasites, insects and flies that could be harmful to the animal's health and/or to the health of the general public d. The said premises shall be adequate to keep the animals from running at large and disturbing adjoining, adjacent or neighboring premises, (7) The animals and the facility must be kept free of odor or stench which is offensive to a person of ordinary sensibilities, (8) The animals must be maintained in a manner which does not pose a danger to the health of the animals themselves, adjacent animals or their care giver; (9) The animals must not cause noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent, or neighboring premises, (10) Additional licenses maybe denied. (11) Any additional animals brought onto the property must be approved by the humane division prior to their arrival. Failure to notify the humane division of additional animals is grounds for revocation of licenses and the number of animals on premises must be brought down to minimum allowed per ordinance within 10 days of written notification from humane division. (12) It shall be the responsibility of the permitted business or residence to renew permit annually. (13) Must be in compliance with all zoning, code compliance and consumer health regulations. Sec. 14 -496. - Revocation or suspension of permit. Any kennellcattery or rescue permit, permitted under this chapter shall comply with all zoning laws, consumer health and code compliance regulations and any such kennellcattery or rescue permit found to be in violation of such laws, or any other applicable law of the City or of the state, or that is maintained in such a manner as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity, may have its kennel permit suspended or revoked without prior notice by the humane division or as otherwise designated by the City Manager. I71 ►1[A LOU &=; =1I& iCO7I- `7- 1 ►II1I1►IIky►1I1011:r_1A =1*1 Sec. 14 -511. - Pet shop standards. (a) Generally. All pet shops, as defined herein, including pet shops run in conjunction with another holding facility, shall in addition to the other requirements of this chapter, comply with the minimum standards of this section. Failure to meet these standards shall be grounds for the issuance of a citation subjecting the owner to the penalties provided in this chapter. Facilities shall be subject to inspection by a humane officer or as otherwise designated by the City Manager upon his request during reasonable hours. (b) Wafer. There shall be available hot water at a minimum temperature of 140 degrees Fahrenheit for washing cages and disinfecting and cold water easily accessible to all parts of the shop. Fresh water shall be available to all species at all times. Containers are to be cleaned and disinfected each day. All water containers shall be mounted so the animal cannot turn them over, and be of the type that are removable for cleaning. (c) Room temperature. Room temperature of the shop shall be maintained at a level that is healthful for every species of animals kept in the shop. (d) Cages and enclosures. All cages and enclosures are to be of a nonporous material for easy cleaning and disinfecting. Each cage must be of sufficient size that the animal will have room to stand, turn, and lie down in the natural position. Each cage must be cleaned and disinfected each day. (e) Feeding animals. All animals under three months of age are to be fed at least three times per 24 hours. All from three months to nine months of age are to be fed at least two times per 24 hours. All other animals must be fed at least one time per 24 hours period. Food for each animal shall be served in a clean dish so mounted that the animal cannot readily tip it over and be of the type that are removable for cleaning. Disposable feeding dishes are acceptable for one -time use only. (f) Birds. Each bird must have sufficient room to sit on a perch. Perches shall be placed horizontal to each other in the same cage. Cages must be cleaned every day, and cages must be disinfected when birds are sold or otherwise transferred. Parrots and other large birds shall have separate cages from smaller birds. (g) Bedding. There shall be sufficient clean, dry bedding to meet needs of each individual animal. (h) [wily care and maintenance. All animals must be fed and watered, and all cages cleaned every day including Sundays and holidays. (i) Information to purchaser. Each purchaser of a dog, cat, puppy or kitten shall be provided with a copy of section 14 -512, regarding puppies, dogs, kittens, cats and their certification as unfit for purchase, by the pet shop and with a city animal license application. Sec. 14 -512. - Animals; certification as unfit for purchase. (a) Sale of unfit animals prohibited, certification. No pet shop, animal dealer, or other person shall sell any animal which is unfit for purchase. The purchaser of a animals from a pet shop, animal dealer, or other person which suffers or dies of a disease or parasitic infection must have these conditions or death certified by a veterinarian within 30 days of the purchase date as evidence that the animal was unfit for purchase. Any animal which suffers from any congenital or hereditary condition must be certified as unfit for purchase by a veterinarian within one year of the date of purchase. (b) Options of owner or purchaser. In the event that an animal is certified as unfit for repurchase and such certification is presented in writing to the pet shop, animal dealer, or other person, within 72 hours of the veterinary certification, the owner or purchaser may choose one of the following options and the pet shop, animal dealer or other person shall be obligated to fulfill the conditions of the chosen option. (1) The owner or purchaser may return the animal for a full refund of the purchase price plus tax. Additionally, the owner or purchaser shall be entitled, up to a total amount not to exceed the full purchase price of the, to any veterinary fees incurred relating to the disease, defect, or infection; veterinary fees directly related to the veterinarian's examination and certification that the is unfit for purchase pursuant to this section; and for veterinary fees directly animal related to necessary emergency services and treatment undertaken to remedy the disease, defect, or infection. (2) The owner or purchaser may return the animal for an exchange equal to the full purchase price plus tax. Additionally, the owner or purchaser shall be entitled, up to a total amount not to exceed the full purchase price of the animal, to any veterinary fees incurred relating to the disease, defect or infection; veterinary fees directly related to the veterinarian's examination and certification that the animal is unfit for purchase pursuant to this section; and for veterinary fees directly related to necessary emergency services and treatment undertaken to remedy the disease, defect or infection. (3) The owner or purchaser may retain the animal and attempt to cure the disease, defect or infection, or to ameliorate the condition caused by the disease, defect or infection. The pet shop, animal dealer, or other person shall be responsible for the cost of veterinary fees incurred related to the disease, defect or infection for which the animal was certified as unfit, up to the full purchase price of the animal plus tax. (4) The owner or purchaser of animal which dies from the disease, defect, infection or condition for which it is certified as unfit for purchase may receive a full refund of the purchase price of the animal plus tax in addition to any veterinary fees incurred relating to the disease, defect or infection up to the full purchase price of the animal plus tax. (5) The pet shop, animal dealer, or other person may contest a demand for veterinary expenses, refund, or exchange made by a purchaser or owner if done so in writing within two days of the owner or purchaser's presentment of a certificate of unfitness. In the event that the pet shop, animal dealer, or other person wishes to contest a demand for veterinary expenses, refund, or exchange made by the purchaser or owner pursuant to this section, the pet shop, animal dealer or other person shall have the right to require the consumer to produce the animal for examination by a licensed veterinarian designated by the dealer. Upon such examination, if the consumer and the dealer are unable to reach an agreement which constitutes one of the options set forth in subsections (b)(1) through (b)(4) of this section within ten business days following receipt of the animal for such examination, the consumer may initiate an action in a court of competent jurisdiction to recover or obtain such reimbursement of veterinary expenses, refund or exchange. Sec. 14 -513. - Waiver. (a) Waiver procedure generally. A purchaser may sign a waiver knowingly relinquishing all of the above rights specified in section 14- 512(b). The waiver must include the following language: "These are your rights under City of North Richland Hills Codified Ordinance Sec 14 -513. If you purchase any animal which is certified by a veterinarian as unfit for purchase within 30 days following the date of purchase, or in the case of congenital or hereditary condition, within one year following the date of purchase, or if such animal dies and is so certified, and if you present such certification in writing to the seller within 72 hours, you have the right to return animal to the seller for a full refund or exchange of equal value, or you may keep it and attempt to cure the condition. You may also recover certain qualified veterinary fees up to the purchase price of the animal. If you sign this waiver you will lose these rights." (b) Form of waiver, other warranties and sale conditions. The waiver must be in bold print and signed by the buyer. If such a waiver is signed by the buyer, the pet shop, dealer, or other person may offer his own warranty, or sell the animal "as is." (c) !Maintenance of records. In addition to the other requirements of this section, the owner of each animal which is placed for sale, adoption or placement, shall maintain a record which documents the origin of the animal. This record shall contain the name, address, and telephone number of the kennellcattery and its owner, or the individual, which produced the animal. In the case of adoption from a licensed humane or government operated shelter, the record must indicate if the animal was a stray, where it was picked up and by whom; if previously owned, the name and address. This record shall be available to the humane division. (d) Advertisement for sale, adoption or placement of unfit animals. All advertisements for the sale, adoption or placement of these animals within the City must contain the owner's animal dealer, pet shop, kennel or cattery license number and/or their individual dog /cat or multiple cat household license number. DIVISION 4. - MULTIPLE PET HOUSEHOLD Sec. 14 -531. - Limitations; conditions for multipet permit; revocation. (a) Limitations and conditions. No person shall keep, maintain, harbor or be enabled to harbor more than three (3) dogs on their premises; in the event that person is harboring three (3) dogs, they may not harbor more than two (2) cats at the same time. No person shall keep, maintain, harbor or be enabled to (harbor more than three (3) cats on their premises; in the event that person is harboring three (3) cats, they may not harbor more than two (2) dogs at the same time. This section shall not apply to persons holding a valid multiple cat household permit. Puppies and kittens under three (3) months of age shall not be counted for the purposes of this section. Any person, firm, or corporation desiring to keep more than the above mentioned number of animals and who does not possess a kennel permit, shall apply for a multiple pet permit at the animal adoption and rescue center. The permit, once issued, shall be defense to the terms of this section. The multipet permit shall be issued provided the applicant meets all provisions of this section and of this chapter. The fee shall be charged and shall be valid for one year form the date of issuance. Upon inspection of the premises by the humane division, the permit shall be issued if the following conditions are met: (1) The facility /premises must be adequate for the number and type of animals to be kept. a. Facilities /premises shall be of sufficient size as to allow animals to move about freely. This shall apply to each animal kept. Size of the facility shall be in proportion to the size of the individual animal's height and weight. b. Adequate food and water must be provided so that each and all animals kept shall be maintained in good health and free of malnutrition and/or dehydration. C. The said premises shall be kept in a sanitary condition and reasonably free of animal waste, parasites, insects and flies that could be harmful to the animal's health and/or to the health of the general public, d. The said premises shall be adequate to keep the animals from running at large and disturbing adjoining, adjacent or neighboring premises, (2) The animals and the facility must be kept free of odor or stench which is offensive to a person of ordinary sensibilities, (3) The animals must be maintained in a manner which does not pose a danger to the health of the animals themselves, adjacent animals or their care giver; (4) The animals must not cause noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent, or neighboring premises, (5) The applicant or holder of the permit has not been issued warnings or citations for violation of any chapter in this ordinance on two separate occasions, or animals covered by or to be covered by the permit have not been impounded on two separate occasions within a twelve (12) month period prior to the application; (6) All animals must be surgically altered, licensed and vaccinated and must wear current rabies vaccination and city license tags at all times in accordance with article III of this chapter; and (7) Any additional animals brought onto the property must be approved by the humane division prior to their arrival. Failure to notify and receipt of approval from the humane division of additional animals is grounds for revocation of licenses. (b) Revocation of multipet permit. The multipet permit may be revoked by the humane division if, upon investigation, it is determined that the permit holder has failed to adhere to any of the above conditions listed in this section. Once the permit has been revoked, the number of animals on premises must be brought down to the maximum allowed per ordinance within ten (10) days of written notifications from the humane division. The person whose permit has been revoked may not reapply for a period of one year from day of revocation. Sec. 14 -532. - Multiple cat household. A person may own and house up to four cats which are altered and which are kept exclusively indoors as companion animals. No inspection is required; all cats must have valid rabies vaccinations, and the owner must obtain a multiple cat household permit. This permit shall be in lieu of individual licenses for each cat up to four cats. Sec. 14 -533. - Term of permits; compliance with zoning requirements. Permits shall be valid for one year from date of issuance and shall only be issued upon approval of planning and inspection or as otherwise designated by the City Manager who shall document that said kennelfcattery meets zoning, consumer health and code compliance requirements. Sec. 14 -534. - Revocation or suspension of permit. Any kennelfcattery permitted under this chapter shall comply with all zoning laws, consumer health and code compliance regulations and any such kennel /cattery found to be in violation of such laws, or any other applicable law of the City or of the state, or that is maintained in such a manner as to be detrimental to the health, safety or peace of mind of persons residing in the immediate vicinity, may have its kennel permit suspended or revoked without prior notice by the humane division or as otherwise designated by the City Manager. ARTICLE XV. - BOARDING/RIDING STABLES Sec. 14 -561. - Standards. All boarding /riding stables as defined therein shall, in addition to other requirements of this city, comply with the minimum standards of this section as well as other state laws that apply. (1) All animals shall be provided with daily food and water, free from contamination. Such food shall be wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. (2) All equipment used for riding must properly fit each individual animal. (3) All (buildings and sheds used for stabling animals shall be well lit and ventilated and provide adequate protection from the weather. All buildings and sheds used for stabling animals shall be kept clean and in good repair at all times and manure and urine shall be removed therefrom daily. Acceptable bedding material must be provided. Any enclosure where animals are kept shall be graded and raked to keep the surface reasonably dry. (4) Flies and other insects must be controlled through general sanitation and necessary means. (5) Animals let for riding /teaching purposes must be in good physical condition. (6) Boarding /riding stables which rent or lend horses to the general public for pleasure riding and or lessons, and pony rides shall, in addition to the above requirements also adhere to the following standards: (a) Animals exhibiting the following shall be deemed unfit for work: (1) Sores of abrasions caused or likely to be irritated by the bearing of services, girth, harness or bridles, unless packing could be utilized. (2) Serious injury or illness. (3) Obvious signs of emaciation, malnutrition, lameness or exhaustion. (b) Animals requiring veterinary care shall not be moved, ridden or driven except for the purpose of humane keeping, pasturing or obtaining medical care. (c) Animals shall be properly shod, and the hooves shall be kept trimmed. (d) Animals shall be kept clean particularly in the areas in contact with harness or other tack. (e) Animals shall not be worked more than two hours without being given a total of 30 minutes rest. The maximum working period for any one animal shall be ten hours out of every 24 hours. (f) Animals shall not be worked when the temperature at the workplace reaches or exceeds 95 degrees Fahrenheit. Animals which are on heat stress treatment which has been prescribed by a veterinarian may be worked while under such treatment as long as a veterinarian is on the premises of the workplace. (g) No animal shall be over - ridden or driven to result in overheating or exhaustion. (h) All tack, to include but not limited to harnesses, bridles, saddles, and blankets shall be kept cleaned and in good repair. (i) No animal shall be made to perform by means of any prod, stick, electrical shock, physical force, or by causing pain or discomfort. Any whip or riding crop must be used so as not to cause injury to the animal. Sec. 14 -562. - Quarantine. The humane division may order a quarantine of the entire premises where the animals are being stabled or any part thereof or on any particular animal for any of the following reasons: (1) Excessive parasitism diagnosed by a veterinarian which would cause the animals to be unfit to be ridden or driven. (2) General malnutrition as diagnosed by veterinarian. (3) Presence or suspicion of transmissible disease as diagnosed by a qualified veterinarian. Sec. 14 -563. - Inspection. Facilities shall be subject to inspection by a humane officer or as otherwise designated by the City Manager upon a request during reasonable hours. Sec. 14 -564. - Inspection fee. There shall be a fee, as set out in Appendix A, for the inspection of facilities by the humane division. The director of finance shall review all the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce." Section 2: Appendix A of the North Richland Hills Code of Ordinances is hereby amended by amending the fees applicable to Chapter 14, ANIMALS to read as follows: if CHAPTER 14 ANIMALS Section 14 -325 Registration fee for the responsible pet owner program (not regulated nla by CPI according to ord.) Section 14 -351 Fees related to impoundment and surrender of dogs and cats: First impoundment altered dog or cat 40.00 Second impoundment altered dog or cat 97.00 Section 14 -357 llFees related to pet shops, kennelsfcatteries and multiple pet owners Third impoundment altered dog or cat 129.00 Impoundment of unaltered animal: First impoundment 52.00 Second impoundment 97.00 Third impoundment 129.00 Boarding fee, per night 17.00 Quarantine fee, per night 22.00 Surrendered animals: Animal surrendered by city resident 17.00 Animal surrendered by nonresident 35.00 Large animals surrendered 62.00 Surrender for rabies analysis 64.00 Dog /cat wearing current license tag and impounded for first time is eligible for 50 percent reduction in impoundment fee. When an unaltered animal has been impounded, a $15.00 rebate will be given to the owner if proof that the animal has been altered is presented within 30 days of the initial impoundment. Section 14- 351.1 Fees for cremation of deceased animals 32.00 Section 14 -352 Fees related to licensing Unaltered dog or cat 29.00 Altered dog or cat 9.00 Altered animal whose legal owner is 65years of age or older No fee Dogs which are professionally and specifically trained to assist No fee disabled owner License related fees Duplicate replacement tag 5.00 Late animal license fee (past 30 days) 17.00 Guard dog 17.00 Section 14 -353 Fees related to estrays Impoundment of estray 100.00 Board, per night 21.00 Section 14 -354 Inspection of riding stables 34.00 Section 14 -355 Fees related to registered dangerous dogs Registered dangerous dog 600.00 Dog declared dangerous by another entity nla Section 14 -356 Restricted animal permit fee 64.00 Section 14 -357 llFees related to pet shops, kennelsfcatteries and multiple pet owners Boarding kennellcattery Class A kennellcattery Class B kennellcattery 197.00 197.00 197.00 Class C kennellcattery Class D non - profit rescue permit Pet shop Multi -pet household Multi -cat household Section 14 -358 Control and violation notices Control notice in lieu of citation for running at large Violation notice in lieu of citation for violation of license Section 14 -359 Adjustment for consumer price index The director of finance shall review all environmental services fees annually and adjust fees by the increase in the DFW Consumer Price Index for the precediing 12 months as established by the Department of Com merce. 97.00 27.00 97.00 97.00 22.00 7 "001 Section 3: This Ordinance shall be cumulative of all provisions of the City Code and other ordinances of the City of North Richland Hills, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. Section 4: It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if a phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect 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 the unconstitutional phrase, clause, sentence, paragraph, or section. Section 5: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of the City Code or any other ordinances regulating dangerous dogs 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 6: Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in accordance with Chapter 1, Section 1- 13 North Richland Hills Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. Section 7: The City Secretary of the City of North Richland Hills is hereby directed to publish the caption, penalty clause and effective date of this ordinance in the official newspaper of the City of North Richland Hills. Section S: 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. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 22nd day of April, 2013. ' 01W ED]Az191:49:10If]:1W=1►111:11Wi ATTEST: Patricia Hutson, City Secretary 1,1 �:�L�] ►1 �l �1_l±'� �fl �f]:a i'i I_1' I Bl4 xc7i14Iva George A. Staples, City Attorney APPROVED AS TO CONTENT: Oscar Trevino, Mayor JoAnn Stout, Director of Neighborhood Services M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject: Agenda Item No. F.3 Approve an Interlocal Agreement with Tarrant County that creates a West Nile Virus Mosquito Surveillance and Response Program and Authorize the City Manager to execute such agreement. Presenter: Erik Cook, Fire Captain Summarv: This item approves an Interlocal Agreement with Tarrant County that creates a West Nile Virus Mosquito Surveillance and Response Program and authorizes the City Manager to execute such agreement. General Descriution: West Nile Virus infections pose a serious public health threat to the citizens of the city and county. Human cases of the West Nile Virus were at an all -time high across the nation in 2012. One -third of all cases were reported in Texas, and 92% of all cases in Texas were located in the North Texas region. Tarrant County is strengthening its preparedness efforts by expanding and modifying its West Nile Virus Surveillance and Response program. As part of the expansion/modification efforts certain areas have been addressed including: an increased emphasis on mosquito surveillance to provide a sooner understanding of the ever changing conditions; expanded and remodeled trapping system, and a new decision tree will be used to determine response operations. It is necessary to obtain consistent and complete data; therefore, the amount of mosquito trapping will need to be increased across the county. Tarrant County is asking Tarrant County municipalities for assistance with the collection of this information. Tarrant County will provide traps and laboratory testing for the mosquito samples collected. The city will be responsible for operating the traps and submitting the mosquito samples for testing. Tarrant County staff will also offer training and assistance to the city. Any contracts that the county enters into with a third party provider(s) with regards to response operations will include the option for cities to receive the same rate for services purchased. The term of the Agreement will begin on the date of complete execution "Effective Date" and will expire on September 30, 2013. It will automatically renew for successive terms of 1 year each and can be terminated by either party upon 60 days written notice prior to the beginning of any term of the Agreement. Recommendation: Approve an Interlocal Agreement with Tarrant County that creates a West Mile Virus Mosquito Surveillance and Response Program and Authorize the City Manager to execute such agreement. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject Agenda Item No. G.0 EXECUTIVE SESSION ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject Agenda Item No. G.1 Action on Any Item discussed in Executive Session Listed on Work Session Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject Agenda Item No. H.0 INFORMATION AND REPORTS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject: Agenda Item No. H.1 NRH Library Update in Conjunction with National Library Week Presenter: Cecilia Barham, Library Director Summarv: Staff will provide an update on programs and services at the NRH Library. General Description: In conjunction with National Library Week, staff will provide an update on library usage, services and programs. Staff will also report on trends in eBooks in libraries and how the NRH Library is adapting to the use of digital books and other trends related to library services. Action is not required by the Council. This is an informational item only. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject: Agenda Item No. H.2 Announcements - Councilman Turnage Announcements The NRH Animal Adoption & Rescue Center and the Texas Coalition for Animal Protection will host a Low Cost Pet Vaccination Clinic from 10 a.m. to noon on Saturday, April 27, 2013 at Linda Spurlock Park, 6400 Glenview Drive. The clinic will offer rabies vaccinations, canine and feline boosters and heartworm testing. NRH pet license tags will also be available. For more information, please call 817 -427 -6570. Come out to Iron Horse Golf Course the evening of April 26 to enjoy a game of Glow Ball. The event begins at 7:00 pm with registration and dinner and the 9 -hole glow ball game will start at dusk. Registration costs $39.95 and includes: green fee, cart fee, range balls, glow golf ball and a glow necklace. For more information call 817 -485 -6666. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. John Baxter, Parks Department — A call was received from a patron of the various NRH parks expressing appreciation to John for his quick response to a request for repairing and maintaining working lights at the Norich Park. He was very impressed with the dedication and pride that John and all the employees take with the upkeep of the city parks. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -22 -2013 Subject Agenda Item No. H.3 Adjournment