HomeMy WebLinkAboutOrdinance 2743
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ORDINANCE NO. 2743
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AN ORDINANCE AMENDING CHAPTER 5 OF THE NORTH RICHLAND
HILLS CODE OF ORDINANCES AND ESTABLISHING REGULATIONS
OF MUL TI-F AMIL Y HOUSING; REQUIRING LICENSES;
ESTABLISHING MINIMUM STANDARDS; PROVIDING FOR
INSPECTIONS; PROVIDING FOR NOTICES; PROVIDING THAT
PROSECUTIONS FOR VIOLATIONS OF THE PRIOR PROVISIONS
AMENDED BY THIS ORDINANCE SHALL NOT BE AFFECTED BY THIS
ORDINANCE; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN
EFFECTIVE DATE.
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WHEREAS, the growing number of multi-family units in the City and the aging of such
units causes concern about their condition and occupancy; and
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WHEREAS, the regulations enacted herein are designed to ensure decent and safe
housing, and to promote the safety and welfare of citizens of the City; NOW,
THEREFORE,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS:
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Section I:
THAT Chapter 5 of the Code of Ordinances of the City of North Richland
Hills, Texas, shall be amended by adding a new Article VII which shall read
as follows:
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"ARTICLE VII.
MULTI-FAMILY HOUSING
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Sec 5-160.
Definitions.
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(1) Accessory building: A structure on the same lot as the main building.
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(2) Apartment: A room or suite of rooms arranged or designed to be used as a
residence by a single family, individual, or group of individuals.
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(3)
Apartment building: Any structure containing five (5) or more dwelling units.
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(4) Apartment house: Any building, or portion thereof, which is designed, built,
rented, leased, let, or hired out to be occupied as four (4) or more dwelling units or which is
occupied as the home or residence of four or more families living independently from each
other and maintaining separate cooking facilities.
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Ordinance No. 2743
Page 1 of20
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(20) Garbage: Refuse animal or vegetable wastes (as from a kitchen or food processing
facility), ashes, or other household waste which is damp or capable of emitting odors.
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(21) Gross floor area: The total square feet of all floors in a building measured to the
outside faces of exterior walls or to the line of an omitted wall, whichever includes the
largest area.
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(22) Habitable room: A room or enclosed floor space used, or designed to be used, for
living, sleeping, cooking, or eating purposes, but not including bathrooms, water closet
compartments, laundries, pantries, foyers, communicating corridors, closets, storage or
utility spaces.
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(23) Habitable space: The space occupied by one or more persons while living,
sleeping, eating, or cooking, excluding kitchenettes, bathrooms, toilet rooms, laundries,
pantries, dressing rooms, closets, storage spaces, foyers, hallways, utility rooms, heater
rooms, boiler rooms, or basement or cellar recreation rooms.
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(24) Hot water: Hot water supplied to plumbing fixtures at a temperature of not less
than one hundred ten degrees Fahrenheit (110 0 F).
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(25) Infestation: The presence within or contiguous to a dwelling unit of insects,
rodents, vermin, or other pests.
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(26) Kitchen: A space used for cooking or food preparation.
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(27) Landlord: The owner, lessor, or sub-lessor of a dwelling or apartment building.
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(28) License: A multi-family dwelling complex license.
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(29) Litter: Garbage, refuse, rubbish, and all other waste material deposited on the
ground or in any place other than in an approved garbage receptacle.
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(30) Master metered apartment house: An apartment house where the occupants are
provided one or more utility services for which they do not pay the utility company directly.
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(31) Mobile home: Any vehicle used or manufactured to be used as a temporary or
permanent dwelling or sleeping place for one or more persons; having no foundations other
than the wheels, jacks, or skirtings; so arranged as to be integral to or portable by the
mobile home; and includes self-propelled and non-self-propelled vehicles so designed and
constructed, reconstructed, or added to by means of accessories in such manner as shall
permit the occupancy thereof as a temporary or permanent dwelling or sleeping place for
one or more persons.
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(32) Multi-family dwelling complex or apartment complex: Any building or group of
buildings which provide four (4) or more dwelling units on a single platted lot, or if the land
Ordinance No. 2743
Page 3 of 20
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on which the building or buildings is unplatted, then any building or group of buildings
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provide four (4) or more dwelling units on a tract or on contiguous tracts of land under a
common ownership.
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(33) Multi-family dwelling complex license: A license issued by the building official
pursuant to this ordinance.
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(34) Occupant: Any person living, sleeping, cooking, eating Ill, or having actual
possession of a dwelling unit.
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(35) Owner: A person claiming, or in whom is vested, the ownership, dominion, or title
to real property, including but not limited to:
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a.
b.
The owner of fee simple title;
The holder of a life estate;
The holder of a leasehold estate for an initial term of five (5) years or more;
The buyer in a contract for deed;
A mortgagee, receiver, executor, or trustee in control of real property; and
The landlord, lessor, or sub-lessor of a dwelling or apartment building.
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c.
d.
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e.
f.
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(36) Person: An individual, corporation, business trust, estate trust, partnership,
association, two (2) or more persons having a joint or common interest, or any other legal or
commercial entity.
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(37) Plumbing: Gas pipes, fuel supply lines, toilets, lavatories, sinks, laundry tubs, catch
basins, wash basins, bathtubs, shower baths, waste sewer pipes and sewerage systems,
septic tanks, drains, vents, traps, any other fuel-burning or water-using fixtures and
appliances, private fire hydrants, and all connections to water, waste, sewer, or gas pipes.
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(38) Potable water: Water duly approved as satisfactory and safe for drinking by the
Water Utility Department of the City.
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(39) Premises: A lot, plot, or parcel of land including any structures thereon.
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(40) Property manager: A person who has managing control of real property. In a
condominium regime, this includes the council of owners.
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(41) Provisional certificate of occupancy: A certificate of occupancy issued on a
temporary basis for a period of thirty (30) days unless otherwise noted by the building
official or his or her designated representative.
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Ordinance No. 2743
Page 4 of 20
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(42) Refuse: All putrescible and non-putrescible solid waste (except body waste)
including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals,
abandoned automobiles, and solid market and industrial wastes.
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(43) Regular license fee: The monetary fee a multi-family dwelling complex licensee
must pay per dwelling unit per year.
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(44) Resident manager: An on-site manager or agent of a property manager who is the
person with whom the tenant normally deals concerning the rental agreement or apartment
building use of the property.
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(45) Rooming house: A building providing two or more sleeping rooms for rent, other
than an eleemosynary or other nonprofit institution, and other than an apartment house.
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(46) Rubbish: Non-putrescible solid waste consisting of either combustible or non-
combustible wastes, such as paper, wrapping, cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery and similar materials.
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(47) Secure: To lock all exterior doors and windows within twenty four (24) hours after
such units become vacant and exercise reasonable care to maintain such locks as necessary
to deter unauthorized entrance into any unoccupied dwelling.
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(48) Single location: Property held in common ownership that is on a single tract or on
contiguous tracts separated only by public streets.
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(49) Structure: That which is built or constructed; an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in some definite
manner.
(50) Swimming pool: Any structure, basin, chamber, or tank containing an artificial
body of water for swimming, diving, or physical fitness, or recreational bathing and having
a depth of two (2) feet or more at any point. This phrase does not include lakes or creeks.
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(51) Telephone answering service: A service company, mechanical service, or any
other service that establishes contact with or gives instructions how to establish contact with
an appropriate person when an occupant, official, or emergency response service needs
prompt assistance.
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(52) Tenant: Any person who occupies a dwelling unit for living or dwelling purposes
with the landlord's consent.
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(53) Utility company: The entity providing gas, electric service, water or sanitary
sewer to a master metered apartment house.
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(54) Utility interruption: The termination of utility service to a master metered
apartment house, by a utility company for nonpayment of billed service.
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(55) Washateria: A self-service laundry room accessible to all residents and which
contains two (2) or more pairs of washers and dryers.
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Sec. 5-161. Structural requirements.
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(1) General. Buildings or structures may be of any type of construction
permitted by the building code. Roofs, floors, walls, foundations and all other structural
components of buildings shall be capable of resisting any and all forces and loads to which
they may be subjected. All structural elements shall be proportioned and joined in
accordance with the stress limitations and design criteria as specified in the appropriate
sections of the building code. Buildings of every permitted type of construction shall
comply with the applicable requirements of the building code.
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(2) Shelter. Every building shall be weather protected so as to provide shelter
for the occupants against the elements and to exclude dampness.
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(3) Protection of materials. All wood shall be protected against termite damage
and decay as provided in the building code.
Sec. 5-162. Mechanical requirements.
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(I) Heating. Dwelling units and guest rooms shall be provided with heating
facilities capable of maintaining a room temperature of seventy degrees Fahrenheit (700 F)
at a point three (3) feet above the floor in all habitable rooms. Such facilities shall be
installed and maintained in a safe condition in accordance with the building code, the
mechanical code, and all other applicable laws. Unvented fuel-burning heaters are not
permitted. All heating devices or appliances shall be of an approved type.
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(2) Electrical Equipment. All electrical equipment, wiring and appliances shall
be installed and maintained in a safe manner in accordance with all applicable laws. All
electrical equipment shall be of an approved type.
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Where there is electrical power available within three hundred (300) feet of any building,
such building shall be connected to such electrical power. Every habitable room shall
contain at least two (2) electrical convenience outlets or one (1) convenience outlet and one
(I) electric light fixture. Every water closet compartment, bathroom, laundry room, furnace
room and public hallway shall contain at least one (1) electric light fixture.
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(3) Ventilation. Ventilation for rooms and areas and for fuel-burning appliances
shall be provided as required in the mechanical code and in this code. Where mechanical
ventilation is provided in lieu of the natural ventilation required by this code, such
mechanical ventilating system shall be maintained in operation during the occupancy of any
building or portion thereof.
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(4) Secure vacant or unoccupied dwelling units from unauthorized entry.
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Page 6 of 20
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Sec. 5-163. Exits.
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Dwelling units or guest rooms shall have access directly to the outside or to a public
corridor. All buildings or portions thereof shall be provided with exits, exitways and
appurtenances as required by the building code.
Sleeping rooms below the fourth story shall have at least one (1) operable window or
exterior door approved for emergency escape or rescue. The units shall be operable from
the inside to provide a full clear opening without the use of separate tools.
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Sec. 5-164. Fire Protection.
All buildings or portions thereof shall be provided with the degree of fire-resistive
construction as required by the building code for the appropriate occupancy, type of
construction and location on property, and shall be provided with the appropriate fire
extinguishing systems or equipment required by the building code in effect at the time the
building was constructed.
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Sec. 5-165. Multi-family dwelling unit owner responsibilities.
The landlord, owner, lessor, sub-lessor and property manager of a multi-family dwelling
unit shall each be responsible for the maintenance, structural soundness and operative
condition of all installed systems including, but not limited to, plumbing, electrical, heating,
air conditioning systems thereof, and shall be responsible for providing and maintaining the
following:
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(1) Water and sewer systems;
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(2)
(3)
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(4)
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(5)
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(6)
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Ordinance No. 2743
Page 7 of20
Bathroom facilities-water closet, lavatory, and shower or tub;
Kitchen facilities - cooking and refrigeration appliances, including a kitchen
sink;
Windows, unless broken out by occupants, but same shall be repaired before
being occupied by new occupants;
Window screens on every operable window used for ventilation purposes
from a dwelling unit, directly to or from outdoor space, shall be equipped
with insect proof screens unless it can be verified that said screen(s) are
broken out by the tenant, but said screen( s) shall be repaired or replaced
before the dwelling unit is occupied by a new tenant;
Painting, waterproofing, and repair to prevent deterioration due to the
elements which shall include but not be limited to, loose siding with holes,
excessive cracks or rotted boards which permit air or water to penetrate
rooms, loose roof covering, holes or leaks in roof which cause damage to the
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structure or rooms, rotting, saggmg, or deteriorating supports for steps,
stairs, and porches;
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(7)
Extermination of insects, rodents and other pests in all occupied and/or
unoccupied units of multi-family dwellings at least once per year, however,
shall be required as necessary to prevent infestations;
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(8) Central garbage and refuse disposal on the premises;
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(9) Railings for stairs, steps, balconies, porches, and elsewhere as specified in
the building code in effect at time of construction;
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(10) Repair of holes, cracks and other defects in stairs, porches, steps and
balconies reasonably capable of causing injury to a person;
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(11) Repair of holes, breaks, and loose surface materials that are health or safety
hazards in or on floors, walls, and ceilings;
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(12) Screened cross-ventilation openings of not less than one and one-half (112)
square feet for each twenty-five (25) lineal feet of wall in each basement,
cellar, and crawl;
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(13) Eliminate any holes, excavations, sharp protrusions, and other objects or
conditions that exist on the land and that are reasonably capable of causing
injury to a person;
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(14) Eliminate holes, cracks, and repair damaged fences, retaining walls,
dumpster screening, and the like;
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(15) Fire and smoke detection systems, extinguishing appliances, fire alarm
systems, fire sprinkler systems, fire hydrants, and portable extinguishers in
accordance with state, federal and local laws. In buildings not equipped with
smoke detectors at the time of their construction, one battery powered smoke
detector shall be installed in each sleeping room and outside of each separate
sleeping area in the immediate vicinity of the bedrooms;
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(16) Securely cover or close any well, cesspool, or cistern;
(17) Drainage to prevent standing and stagnant water on the premises;
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(18) Removal of dead trees and tree limbs that are reasonably capable of causing
injury to a person;
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(19) The interior of vacant structures or vacant portions of structures free from
rubbish and garbage;
Ordinance No. 2743
Page 8 of20
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(20) Not allow an overcrowded dwelling unit to be occupied;
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(21) Install and maintain the parking lot, fire lane and required paved areas,
including legible parking stripes and fire lanes in accordance with City
ordinances;
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(22) Air conditioning capable of cooling to twenty (200 F) degrees less inside
than outside temperatures, and function to at least fifteen (15 0 F) degrees
below outside temperatures measured at a point not less than five (5) feet
from an exterior wall, five (5) feet above the floor, and not in a direct air
flow. If owner pays the electric bill, owner shall provide the required
electricity;
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(23) All swimming pools in a sanitary condition and remove all water and debris
from a swimming pool not so maintained or in accordance with Tarrant
County Health Department requirements. Decommissioned pools and
abandoned pools must be filled with clean fill dirt or permanently covered
with approved frame and decking as required by the Building Official;
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(24) Provide and maintain all gas service lines to each dwelling unit that is heated
by natural gas or gas water-heating devices or cook stove fueled by natural
gas. If owner pays gas bills, provide necessary gas service.
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(25) Maintain floors, walls, ceilings, and all structural members in an accessory
structure, in a sound condition capable of bearing imposed loads safely;
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(26) Repair or replace all broken sewer line(s), removing all residue and treating
affected areas with a suitable disinfectant within seventy-two (72) hours of
notification.
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(27) If central air conditioning is provided, it shall be operational at any time that
temperatures in any dwelling unit in the complex exceed eighty-five degrees
Fahrenheit (850 F). If central heat is provided, it shall be operational at any
time the temperature in any dwelling unit in the complex is less than sixty
degrees Fahrenheit (600 F).
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Sec. 5-166. Emergency Telephone Number.
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The owner, or his agent or manager of a multi-family dwelling complex, shall provide to
each tenant an emergency telephone number which shall be answered twenty-four (24)
hours each day by an employee or agent of the owner or property manager of the multi-
family dwelling unit in which the tenant resides, or a telephone answering service in order
that the tenant may report emergencies which cannot wait until the first business hours.
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Sec. 5-167. Minimum responsibilities of occupant.
Ordinance No. 2743
Page 9 of 20
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An occupant shall:
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(1) Maintain those portions of the interior of a dwelling unit structure under his
control free from rubbish, garbage, and other conditions that would encourage infestation of
insects, rodents, vermin, and unsanitary conditions;
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(2) Keep occupied area and all plumbing equipment and facilities provided in a
clean, sanitary condition at all times;
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(3) Connect plumbing fixtures and heating equipment that the occupant supplies
in accordance with the applicable City codes;
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(4)
this code;
Not alter a dwelling unit or its facilities so as to create a nonconformity with
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(5)
Replace windows and screens if broken out during tenant's occupancy;
(6) Comply with maximum occupancy requirements specified in Section 5-172.
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(7)
Adhere to all applicable garbage and trash disposal standards; and
(8) Not tamper with any required fire protection apparatus.
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Sec. 5-168, Multi-family license required.
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(1) It shall be unlawful for any person to own, operate, manage or maintain a
multi-family dwelling complex in the city without a current and valid license having been
issued for each multi-family dwelling complex. Any person owning, operating, managing
or maintaining a multi-family dwelling complex at more than one (1) location shall obtain a
license for each separate location.
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(2) An owner, or the owner's authorized agent, of a multi-family dwelling
complex shall file with the building official the trade name of his apartment complex, and it
shall be unlawful for any person to use or permit to be used more than one (1) trade name at
a single location.
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Sec. 5-169. License application, place of business, issuance, renewal and expiration.
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(a) An applicant for a license shall file with the building official a written
application upon a form provided for that purpose which shall be signed by the owner,
landlord, or his or her agent or the council of owners of a condominium, or its agent. Should
an applicant own a multiple-family dwelling complex at more than one location, a separate
application shall be filed for each location. The following information is required in the
application: Name, address, and telephone number of the landlord, lessor, sub-lessor,
owner, property manager, resident manager, and insurance company, trade name of
apartment complex; names and addresses of all registered agents, if any of the parties above
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Ordinance No. 2743
Page 10 of20
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named are corporations; zoning categories; number of dwelling units broken down as to
number of efficiencies, one bedroom, two-bedroom, and three-bedroom; telephone number,
name, and address of a person responsible for paying utility bills.
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(b) All licenses expire on the 31 st day of December of each year and shall be
renewed no later than January 1st of the following year.
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(c) The building official may, at any time, require additional relevant
information of the owner or property manager to clarify items on the application.
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(d) When more than fifty (50) percent of the ownership of the apartment
complex changes or there is a change of a general partner, a new license shall be obtained
within thirty (30) days of the change by the owner. There is no fee for such a new license.
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(e) The owner or licensee shall notify the City of North Richland Hills in writing
of each change in ownership and each change in property manager, resident manager,
and/or individual responsible for compliance with this ordinance within thirty (30) days of
the change.
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(f) A condominium regime seeking a license shall provide the foregoing
information and in addition shall provide a copy of the application file marked by the
county clerk of the instrument creating the condominium regime. In addition, the
condominium regime shall name a designated agent to receive notices relating to the
premises and give the agent's street address and telephone number, as well as name the
council of owners. Such council of owners is hereby deemed to be a property manager of
the property.
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(g) If an annual license cannot be issued at the time the application is filed a
temporary license may be issued upon payment of the license fee which shall be valid until
such time as the annual license is issued or the temporary license is revoked for failure or
refusal to comply with this chapter.
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Sec. 5-170. License fee.
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License fees will be collected with the monthly water bill(s) of the apartment facility on a
"per unit/per month" basis. No annual license may be issued until all requisites for it have
been met and the water utility account has been appropriately modified by North Richland
Hills Water Department. The fee for a license for any period of time is twelve dollars
($12.00) per dwelling unit per year, prorated on a monthly basis. Should additional
dwelling units be constructed on the multi-family premises after a license has been issued,
no certificate of occupancy may be issued for the new units until the regular fee per
dwelling unit has been addressed. Each washateria, clubhouse, or office may be counted as
a separate unit and charged as set forth in this section. The fee for issuing a replacement or
duplicate license is twenty dollars ($20.00).
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See, 5-171. License display, replacement and transferability.
Ordinance No. 2743
Page 11 of20
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(a) Each license issued, pursuant to this ordinance, to a multiple-family dwelling
unit or condominium shall be posted and displayed in the business office of the multiple-
family dwelling complex office or condominium office or at a conspicuous place to which
tenants have access.
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(b) A replacement license may be issued for one lost, destroyed or mutilated
upon application on the form provided by the building official. A replacement license may
have the word "Replacement" stamped across its face and may bear the same number as the
license it replaces.
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(c)
A multi-family dwelling complex license is not assignable or transferable.
( d) The form of the license may be prepared by the building official.
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Sec. 5-172. License Standards,
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Continued maintenance and observance of the standards contained in this article are
conditions that shall be complied with in order to retain a license and to obtain any renewal
of a license. Other standards to be observed in order to secure and maintain an annual
license under this section:
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(1) All city building, electrical, plumbing, heating and air conditioning codes in
effect at the time building permits were issued for the structure and health, and fire safety
ordinances shall be complied with at all times. However, when a unit or building undergoes
renovation or repair of its structure or system which requires a building permit, the
renovation or repair must be in compliance with the current code or codes.
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(2) Notwithstanding the provisions of other city ordinances, the maximum
number of persons per dwelling unit in a multi-family dwelling complex is as follows:
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(a) No more than two (2) occupants per each bedroom are permitted to
reside in a unit plus one (1) additional occupant. For example: in a one-bedroom or
efficiency unit, the occupancy shall not exceed three (3); in a two-bedroom unit, the
occupancy shall not exceed five (5); in a three-bedroom unit the occupancy shall not exceed
seven (7).
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Exception: If the maximum number of persons per dwelling unit is exceeded
due to a recent birth or adoption of a child, the occupants of the dwelling unit
may continue to exceed the maximum number stated for no more than six (6)
months following said birth or adoption.
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(b) To assist compliance with this requirement, all licensees shall display
in a conspicuous place, the following notice, the form of which shall be furnished by the
City:
Ordinance No. 2743
Page 12 of20
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"CITY OF NORTH RICHLAND HILLS IMPOSES THE
FOLLOWING MAXIMUM OCCUPANCY
RESTRICTIONS:
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I-Bedroom or Efficiency Unit - No more than three (3)
occupants per unit.
2-Bedroom - No more than five (5)
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occupants per unit.
3-Bedroom - No more than seven (7) occupants per unit.
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In the alternative, licensee may display a similar notice that
establishes more restrictive occupancy maximum limitations.
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(c) Licensee shall keep records that reflect the number of tenants in each unit.
Said records shall be available for review by the building official during regular working
hours and upon receipt of reasonable notice.
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(d) It shall be unlawful and a violation of this section for an owner, property
manager or resident manager, to knowingly permit or allow a violation of any of the terms
of subsection (2) hereof.
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(e) Occupancy maximum limitations shall not be applicable to a family residing
in a dwelling unit on the effective date of this ordinance nor during the time said family
continues to reside in the same dwelling unit. This exception does not apply to, permit, or
allow any additional unrelated parties to reside in said occupied dwelling unit.
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(f) An owner may establish a more restrictive occupancy limitation for each
dwelling unit within an apartment complex, provided the occupancy is based upon persons
per each established bedroom.
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Sec. 5-173. Inspections authorized.
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The Building Official, the Fire Chief, and the director of health services, or their designees
are authorized to make inspections to determine the condition of dwelling units and
premises located within the city.
Sec. 5-174. Inspections.
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(a) The Building Official, the Fire Chief, and the director of health services, or
their designated representatives are authorized to routinely inspect, and the owner, resident
manager, and property manager in making application for license consent and agree to
allow inspection, in whole or in part, as deemed necessary, at least twice a year of:
Ordinance No. 2743
Page 13 of 20
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The exterior of the structures and all of the common grounds of all multi-family housing
complexes;
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Any or all unoccupied dwelling units;
Any or all occupied dwelling units;
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Any or all storage areas, community buildings, swimming pools, athletic facilities, club
rooms, equipment rooms, and all other portions of the facility not constructed as dwelling
units;
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Any dwelling unit, common grounds, or other structures upon receipt of a complaint from
any person, city department or division that any dwelling unit, common grounds, or other
structure may be in violation of this ordinance; and
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All dwelling units in all parts of the city to determine whether they are uninhabitable,
dangerous, or otherwise in violation of this ordinance.
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(b) All complaints to the above referenced officials shall be in writing, signed
and dated by the complainant. A copy of this written notice shall serve as right of entry to
conduct inspections in the complainant's dwelling unit. If the complaint is in regard to the
common area of a condominium, the complaint shall be delivered to the person designated
by the council of owners, if any such person has been designated. A copy of the complaint
filed with the agent for the council of owners and submitted to the above referenced
officials shall be accepted as written notice.
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(c) The building official, or his/her designee, and the owner, resident manager,
and/or property manager may agree on a reasonable date and time for each inspection.
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(d) The building official, the director of health services, or fire chief upon
presentation of proper identification to the occupant in charge of any unit, may enter, with
the occupant's permission, any unit between the hours of 8:00 a.m. and 5:00 p.m.; provided,
however, that in cases of emergency where extreme hazards are known to exist which may
involve imminent injury to person, loss of life, or severe property damage, the building
official, the director of health services, and the fire chief may, after presentation of proper
identification, enter the aforementioned dwellings at any time. Except in the above
referenced emergencies, whenever the building official, the director of health services, or
fire chief is denied admission to inspect any premises under this provision, inspections may
be made under the authority of a warrant issued by a magistrate.
24
26
28
32
34
With approval by the Building Official, the frequency of inspections may be reduced once
per year if the apartment complex is found to have deficiencies in less than 5% of the living
units.
36
Sec. 5-175. Enforcement.
Ordinance No. 2743
Page 14 of20
2
(a) Remedies on reinspection. Upon reinspection, if a condition previously
identified as a violation of this ordinance continues to exist after notice has been given to
the owner or the owner's agent to abate the condition within a reasonable time period, the
building official, director of health services, or fire chief, or their designated representative,
shall have the following options:
4
6
(I) Grant one extension if:
8
a.
The condition does not pose an immediate threat to life or
health safety; and
10
b.
The owner or owner's agent has demonstrated a reasonable
attempt to comply:
12
14
By securing the servIces necessary, by contract or
signed bid, that will achieve compliance within a
reasonable time period;
16
But is unable to abate the conditions within the
allotted time due to unavailability of materials, labor,
utilities or by elements beyond owner's or owner's
agent's control; or
18
20
The work started will be completed within a
reasonable time.
(2)
File a complaint or complaints with the city attorney or cause a
municipal court case to be filed against the owner, owner's agent, or
occupant when the allotted time has elapsed.
22
24
32
(b) Revocation of certificate of occupancy and license. For failure to comply
with the terms of this ordinance after receipt of a written notice of the violation from the
building official, director of health services, or fire chief setting out the violations and in the
reasonable time allowed to rectify the violations, the owner's certificate of occupancy may
be withdrawn and the license authorized by this ordinance may be canceled for those units
or structures in violation. The building official, director of health services, or fire chief may
notify all public utility companies serving the apartment complex that the certificate of
occupancy for the units in violation has been withdrawn and request that all public utility
services be discontinued from those units in violation.
26
28
30
36
(c) Reinstatement of certificate of occupancy and license. The certificate of
occupancy and license, if revoked, may be reinstated or reissued by the department of
building inspections upon compliance with the violation notice and on request by owner,
landlord, or property manager.
34
Ordinance No. 2743
Page 15 of20
6
(d) Provisional certificate of occupancy. A provisional certificate of
occupancy may be issued by the department of building inspections if utilities are necessary
for repairs or renovation of a unit or structure and when necessary repairs could be
performed in an occupied unit or building without any threat to the occupants' life or health
safety.
2
4
8
Sec. 5-176. Right of entry of the building official, fire chief, and director of health
services.
12
F or the purpose of making the inspections authorized and required by the provisions of this
article, the building official, fire chief, and director of health services, are hereby authorized
to enter, examine and survey at all reasonable times all dwelling units and all premises
within the city. Should the occupant, landlord, property manager, or other person in charge
refuse entry, the inspector may secure a warrant to enter said premises.
10
14
Sec. 5-177. Governmental inspection fees.
16
The building official the director of health services, or fire chief may charge a fee of
twenty-five dollars ($25.00) for each building he or she is called upon to inspect by any rule
or requirement of a governmental agency other than the City of North Richland Hills. The
owner, owner's agent, or occupant shall pay the fee before the department of building
inspections, the director of health services, or fire chief makes an inspection.
18
20
Sec 5-178, Appeals to the city.
22
(a) The owner, landlord, resident manager or property manager of such
property may appeal any decision or order of the building official, if it is in conflict with the
provisions of this chapter to the Substandard Building Board by filing with the Building
Official, within seven (7) days of such decision or order, a written appeal to the city
manager on a form to be supplied by the building official.
24
32
(b) As soon as practicable after receiving the written appeal, the
Substandard Building Board may establish a date, time, and place for the hearing of the
appeal. Written notice of such date, time and place of the hearing may be given to each
appellant by the Building Official, or his or her agent, either by causing a copy of such
notice to be delivered to the appellant personally or by mailing a copy thereof, postage
prepaid, addressed to the appellant at the address shown on the written appeal, or if none, to
the address shown on the last issued license.
26
28
30
34
(c) Failure of any person to file an appeal in accordance with the
provision of this Code is a waiver of his or her right to a hearing and the building official'
decision shall be final.
36
(d) Orders of the building official are stayed pending appeal.
(e) The decision of the Substandard Building Board shall be final.
Ordinance No. 2743
Page 16 of20
2
Sec. 5-179. Records of ownership and management maintained by utility companies,
4
Before providing utility service to a new account at a master metered apartment house, a
utility company may obtain:
6
(1)
The name and address of the owner or owners of the building;
8
(2)
The name and address of the property manager responsible
for paying the utility bills; and
10
12
The utility company may maintain a record of the information
obtained and may make it available to the director of health
services, building official, or the fire chief.
14
(3)
The name and address of the first lien holder, if any.
16
The applicant for utility service may provide the information required herein
to the utility company.
Sec. 5-180. Notice of utility interruption.
18
(a) A utility company may make a reasonable effort (including, but not limited
to, messenger delivery) to provide notice of a pending utility interruption to tenants of a
master metered apartment house.
20
(b)
A person commits an offense ifhe or she:
24
Interferes with an employee of a utility company posting notices of a
utility interruption at dwelling units of a master metered apartment
house; or
22
26
Removes a notice of utility interruption posted at a dwelling unit of
master metered apartment house.
28
(c) It is a defense to prosecution under subsection (b)(2) that the person is a
resident of the dwelling unit from which notice is removed.
32
(d) A utility company providing gas, electricity, water or sanitary sewer may
send to the building official, a copy of each termination of service letter or notice sent to the
owner, manager, or property manager of a master metered apartment house, prior to
disconnecting service.
30
Ordinance No. 2743
Page 17 of20
2
Sec. 5-181. Nonpayment of utility bills essential utility service.
6
(a) The owner or property manager of a master metered apartment house
commits an offense if he or she fails to pay a utility bill and the nonpayment results in the
interruption to any dwelling unit of a utility service essential to the habitability of the unit
and the health of the occupants. Essential utility services are gas, electric, water and
sanitary sewer.
4
8
(b) The owner or property manager of master metered apartment house who
violates subsection (a) is guilty of a separate offense for each dwelling unit to which utility
service is interrupted.
10
12
(c) It is a defense to prosecution under this section that the tenant occupying a
dwelling unit to which utility service is interrupted is in arrears in rent to the owner or
property manager of the master metered apartment house.
14
Sec. 5-182. Notice of violation,
16
(a) When the director of health services, the building official, or the fire chief
determines that there is a violation of this chapter they may give notice of the violation to
the owner, property manager, or the person responsible. The notice shall be in writing,
specifying the alleged violations and providing a reasonable length of time for compliance.
Notice to the owner or property manager of or any other person having a vested interest in a
multi-family dwelling complex shall be effective upon placing it in the U.S. Mail, postage
prepaid, and addressed to the name and address shown on the multi-family dwelling
complex application for the current multiple-family dwelling complex license or in hand
delivery.
18
20
22
24
(b) If the owner or property manager of the property resides outside Tarrant
County, the director of health services, the building official, or the fire chief, may give
notice to the property manager or on-site property manager. Upon receipt of a notice of
violation, a property manager or on-site property manager, shall notify the owner of the
specifics of the notice of violation and shall make every reasonable effort to have the owner
or property manager correct the violation.
26
28
30
32
(c) The director of health services, building official or the fire chief have the
authority to enforce the provisions of this ordinance."
Section 2:
Any person, firm or corporation violating any provision of this ordinance
dealing with safety shall be deemed guilty of a misdemeanor and upon final
conviction thereof fined in an amount not to exceed Two Thousand Dollars
($2,000.00). All other violations shall be punishable by a fine not exceeding
Five Hundred Dollars ($500.00). Each day any such violation shall be
34
36
Ordinance No. 2743
Page 18 of20
2
4 Section 3:
6
8
10
Section 4:
12
14
allowed to continue shall constitute a separate violation and punishable
hereunder.
All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances
affecting health and safety which 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.
The City Secretary is hereby authorized and directed to cause the publication
of the descriptive caption and penalty clauses of this ordinance as an
alternative method of publication provided by law.
Section 5: This ordinance shall be in full force and effect immediately
upon passage.
16
AND IT IS SO ORDAINED.
18
PASSED AND APPROVED this 13th day of October, 2003.
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20
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24
ATTEST:
26
28
30
Ordinance No. 2743
Page 19 of20
CITY OF NORTH RICHLAND HILLS
By:
2
APPROVED AS TO FORM AND LEGALITY:
APPROVED AS TO CONTENT:
~~
4
6
8
10
12
14
Ordinance No. 2743
Page 20 of 20
INVOICE
Star-Telegram
400 W. 7th Street
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 22-3148254
Customer ID:
Invoice Number:
CIT13
233390091
10/17/2003
Net due in 21 days
10/31/2003
Bill To:
CITY OF N RICHLAND HILLS/SECRET
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number: 23339009
Sales Rep: 073
Description: ORDINANCE NO.2
Publication Dates:l 0/16/2003 - 10/17/200
ORDINANCE NO. 2743 An ordinanc
13580
1
64
64 LINE
$6.72
$860.60
Sales Discount
($814.52)
ORDINANCE NO.
2743
An on:1\nanC8 am«'ìd-
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Cod. of ~s
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minimum ~~
p.rOVi~for IntIpeCIo
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not be affect~
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Any person, firm or
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with safety shaH be
:==.~~ ofan~
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amou~not to exceed
Two ousancl D0l-
lars ( .000.00). All
I ~~uni~t~~~~~~ lie in and for said County and State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator
f. ~H~~dr:di5õ1i8fC Iblished by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
tI ~ ':8~h E=.=K : of an advertisement was published in the above named paper / internet on th~ted dates: BIDS & LEGALS DEPT. STAR
T ~XII be alloWM to
ëöñi1nue shall còn8tI-.
( ~iona. ':3Pt~~1:.,~ '\. \. ~ t ,
~a~~~~ Signed \j\J ~\Ov~
~......., )ON TO BEFORE ME, THIS Mood'Y, 0, ,b, 2 ,2()D,. / j) _ /! A A. .. /
.,~~~ Nou"Publk W.il Y) YJWIißLJ
~M AND LEGAL- - ~O
Thl . ~t~~~~Clty 'our Payment ~' --'.,,~,~:.:L........" ------ - -~I"
Alto ney_ /(i~XtIi~(.. CHRISTY L. HOL \
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. "1ti..'M~ JUt. Y 31 12004 I
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Customer ID: -- . .,. CÌ.T13
Customer Name: CITY OF N RICHLAND HIL
Invoice Number: 233390091
Invoice Amount: $46.08
PO Number:
Amount Enclosed: !(:.....~~===~~~~~=]
Net Amount:
$46.08
Remit To:
Star-Telegram
P.O. Box 901051
FORT WORTH, TX
76101-2051