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CC 1999-11-08 Agendas
CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA NOVEMBER 08, 1999 — 5:30 PM For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820 r NUMBER ITEM ACTION TAKEN 1. Discuss Items from Regular November 8, 1999 City Council Meeting (5 Minutes) 2. IR 99-238 Review & Discuss Possible Amendments to the Sign Ordinance, No. 2374 Relative to Portable Signs, Vehicle Signs and Non-conforming Signs (20 Minutes) 3. *Executive Session —The Council may enter into closed executive Session to discuss the following: a) Deliberation Regarding Economic Development Negotiations as Authorized by Government Code §551.086 (50 Minutes) 4. Adjournment— 6:50 pm *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. SCAMMD ;v E AUG - 3 2005 - CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA NOVEMBER 08, 1999 —7:00 PM For the Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3 Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 581-5502 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1 Call to Order 2. Invocation - 3. Pledge of Allegiance— 4. Special Presentations a) National Animal Shelter Appreciation Week Proclamation b). Texas Recycles Day Proclamation 5. Removal of Item(s) from the Consent Agenda 11/8/99 Page 3 NUMBER ITEM ACTION TAKEN 6. Approval of Consent Agenda Items a.) Minutes of the Pre-Council Meeting October 25, 1999 b.) Minutes of the Council Meeting October 25, 1999 GN 99-125 c.) Approve Renewal Contract for Environmental Collection Center for 2000 GN 99-133 d.) Adoption of Terms of Section 33.08 of Tax Code — Resolution No. 99-88 PU 99-047 e.) Authorize Contract for Copy Machine Lease with Southwest Office Systems PAY 99-006 f.) Authorize Payment to Motorola for Annual Mobile Data Terminal Service Agreement — Resolution No. 99-82 PAY 99-007 g.) Authorize Payment to Motorola for Radio Maintenance Agreement— Resolution No. 99-83 7. PZ 99-28 Public Hearing to Consider the Request of KRR Villas of Bear Creek, LP for an Amendment to Ordinance No. 2345, a Planned Development for Senior Independent Living, that would allow the Construction of Detached Garages Covering 51 Parking Spaces on Lot 1, Block 1, Villas on Bear Creak Addition — Ordinance No. 2426 8. PS 99-15 Public Hearing to Consider the Request of David Carter for a Replat to be known as Lots B3R1 & B3R2, Block B, Hewitt Estates Addition. This Property is Located in the 7600 Block of Hightower Drive and Hewitt Street 9. PS 99-27 Request of Anthony K. Veal for a Final Plat of Lot 2, Block 5, Hewitt Estates Addition. This Property is Located at 6810 Meadow Road. 11/8/99 Page 4 NUMBER ITEM ACTION TAKEN 10.PS 99-30 Request of Michael Clark for an Amended Plat of Lots 5R1 & 7R1, Block 4, Brentwood Estates Addition. This Property is Located in the southwest Corner of Davis Boulevard and North Tarrant Parkwa . 11.LRC 99-07 Request of Huggins Honda for a Variance to the Minimum Required Landscaping Requirements on Lots 5R1 & 27R1, Block 4, Richland Terrace Addition. This Property is Located at 7651 NE Loop 820 and 4701 Nancy Lane. 12.GN 99-126 Appoint a Committee Member to the North Richland Hills Census 2000 Complete Count Committee for the S.ecial Housin. Position 13.GN 99-127 Election of Tarrant Appraisal District Board of Directors - Resolution No. 99-89 14 GN 99-128 Approval of Tax Increment Reinvestment Zone Number 2 Bylaws 15.GN 99-129 Designation of Tax Increment Reinvestment Zone Number 2 Chairman 16.GN 99-131 Consider Ordinance Regulating Animals in North Richland Hills — Ordinance No. 2424 17 GN 99-132 Consider Ordinance to Provide Fees for Animal Services — Ordinance No. 2425 18.PW 99-021 Approve City Developer Agreement for CIP Water & Sewer System Improvements with PRT Development for Brentwood Estates Addition, Block 4, Lots 1R1, 2R1, 3R-7R — Resolution No. 99-84 19.PW 99-022 Approve City Developer Agreement for CIP Water& Sewer System Improvements with KRR Development for Villas on Bear Creek— Resolution No. 99-85 11/8/99 Page 5 NUMBER ITEM ACTION TAKEN 20.PW 99-023 Approve City Developer Agreement for CIP Water System Improvements with B.H. & L. Joint Venture for Thornbridge South — Resolution No. 99-86 21 PW 99-024 Approve City Developer Agreement for CIP Water System Improvements with J. & J. NRH 100 Family Limited Partnership for Water Lines P.8244, P.8229, P.8232, and P.8811 — Resolution No. 99-87 22 PW 99-025 Approve City Developer Agreement for CIP Sewer System Improvements with J. & J. NRH 100 Family Limited Partnership for Sanitary Sewer Lines L-10.4 and L-11.3 — Resolution No. 99-90 23. a) Citizens Presentation b) Information and Reports 1.) Annual Crime Report (15 Minutes) 2j Announcements 24. Adjournment lFA j' .;L-t f� I INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 99-238 4• Date: November 8, 1999 Subject. Review & Discuss Possible Amendments to the Sign Regulation Ordinance No. 2374 Relative to Portable Signs, Vehicle Signs and Non-Conforming Signs City Council met on October 25, 1999 with Ms. Brenda McDonald of McDonald Associates to discuss general concepts and received feed back on which changes should be Incorporated into a draft ordinance. Based on the input, Ms. McDonald has drafted the attached proposed language to the Sign Regulations for your review. Staff and Ms. McDonald are looking for further feedback from City Council to determine if the draft language is what you desire to consider in a public hearing. If Council is generally satisfied with the proposed language, Staff will set a public hearing on November 22, 1999 to consider amendments to the Sign Regulations. Res ectfully submitted, Marcy Rat jiff Planning Director \\NRH CITY HALL2\VOL1\DATA\PZ\Cases\Staff Reports\IR 99-238 Signs 11-8-99 doc 1 a ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS 1_/nj/1777 11: 1/ _13J/S/Sbi MCDONALD ASSUI:IA1ES PA(t 02 ® G°3G 7, 7 November 1,1993 North Richland Hills Sign Amendments Permit and Deposit Required for All Portable Signs • No portable sign may be erected or utilized prior to the issuance of a permit. • Non-profit organizations will not be charged a permit fee • All applications for a portable sign permit must be accompanied by a refundable deposit of$100 00 The deposit will be refunded to the applicant once the portable sign has been removed and an affidavit attesting to the removal of the sign is filed with the City If the applicant fails to provide such affidavit within 5 days of the expiration of the permit, the deposit will be forfeited to the City. Location of Portable Signs • Non-profit Organizations--Portable signs utilized by non-profit organizations shall be allowed in all zoning districts, however, within residential zoning districts, signs may only be located on a collector or arterial street • Business Organizations — Portable signs utilized to advertise "for profit" activities may be located in nonresidential districts only • A portable sign can only be placed on property that has a valid Certificate of Occupancy issued by the Building Official. Definitions • "Community Event " An event that is sponsored by a non-profit organization as defined by Section 503(c) of the United States Internal Revenue Code, as amended, and formed for the use, benefit and enjoyment of its members to achieve religious, recreational, charitable, municipal or educational pursuits • "Temporary Sign " Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other like materials,with or without frames,and any type sign not permanently attached to the ground, wall or building, intended to be displayed for a short period of time only • "Portable Sign." Those signs that are not firmly attached to the ground, a building, or other structure, and those that can be easily moved or carried about and reused numerous times at different locations Determination by the Building Official or his designated representative as to whether any sign is portable shall be controlling. North Richland Hills-Sign Amendments Page 1 11/03/1999 11' 17 2143797951 MCDONALD ASSOCIATES PAGE 03 No/ripe1.1990 Limits for Portable Signs • A portable sign may be erected, after the issuance of a permit, ten (10) days prior to a grand opening, business or community event and must be removed no later than two (2) days after the grand opening, business or community event • One(1)grand opening portable sign permit may be issued to a business during the tenure of the business at the same location • In addition to the one-time grand opening permit, a maximum of one (1) portable sign permd may be issued to a business each calendar year • A maximum of one(1)community event permit may be issued for each event during a calendar year. • Portable signs shall not be illuminated. Vehicle Signs • It shall be unlawful to attach any sign to or upon any vehicle, trailer, skid or similar mobile structure where the primary use is to provide a base for the sign itself and where the vehicle is allowed to remain parked along a right-of-way in the same location or in the same vicinity at frequent or extended periods of time • Vehicles whose primary use is the regular delivery of goods or services may have such goods and services advertised upon the vehicle provided the owner can through a log or other documentation made contemporaneously with the vehicle usage that the primary use of the vehicle is the regular delivery of goods or services Pole Signs • When Permitted A pole sign may be permitted for single lot development when the area of the principal building exceeds 25,000 square feet in floor area. ▪ Material Requirements The support structure for a pole sign must be double pole and said poles must be North Richland Hills-Sign Amendments Page 2 11/03/1999 11:17 2143787951 MCDONALD ASSOCIATES PAGE 04 ® F7 November 1.1999 at least three (3) feet apart and each pole must be individually covered with materials that match the masonry portion of the principal building on the site or must be covered with stone or brick. Nonconforming Signs • A sign that does not conform to the regulations prescribed in this code and that existed lawfully on the date of adoption of this ordinance, or amendments hereto, shall be deemed a nonconforming sign A nonconforming sign may be maintained. • The right to continue all nonconforming signs shall cease and such sign removed whenever 1. An approved application for certificate of occupancy or a certificate of occupancy is issued by the Building Official and a sign is associated with such occupancy. This section applies to on-premise signs only 2- A change in occupancy classification occurs as described in the building code and a sign is associated with the classification change. 3 A sign is altered, moved or relocated without a permit pursuant to the provision to this ordinance 4. A sign is destroyed and the cost to repair the sign exceeds 60% of the replacement cost on the date of the damage 5. A sign leans such that an angle between the sign and the ground is 45% or less • A nonconforming general business sign situated on a property acquisition initiated by the City may be relocated on site provided the sign is removed or rebuilt to conform with this ordinance within five (5)years Relocation is limited to the same physical sign with no increase in height, area, or change in other physical attributes. For purposes of this section, "A property acquisition initiated by the City" does not include right-of-way dedicated in the subdivision plat process. Removal of obsolete signs • Any sign which the Building Official determines no longer serves a bona fide use conforming to this code, shall be removed by the owner, agent or person having the beneficial use of the land, buildings or structure upon which the sign is located within 15 days after written notification to do so from the Building Official Upon North Richland Hills -Sign Amendments Page 3 11;03/1999 11:17 2143797951 MCDONALD ASSOCIATES PAGE 05 DEAFir November 1,1999 failure to comply with such notice, the Building Official is hereby authorized to cause the removal of such sign, and any expense incident thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon which it is erected. \\CubevncdWcD FJceW RH\Signs\smendmenls2 wpd 1111/99 North Richland Hills-Sign Amendments Page 4 NRH CI?lj or NOR'YHRICHLAND HILLS PROCL . 4 .MATIO .N WHEREAS there are more than 66 million cats and58 million dogs living in households across the 'United States, and in Tarrant County; WHEREAS the irresponsibility of some pet owners has resulted in animals running loose andunsupervise4 causing a threat to public health and safety; WHEREAS indiscriminate breeding allowed by irresponsible pet owners who have not had their companion animals spayed or neutered has contributed to pet overpopulation; WHEREAS animal shelter employees, like police officers and emergency medical-personnel must respond to these community problems aryl crises; WHEREAS animal shelters act as safe havens for homeless and abused animals,providing them with comfort and care; WHEREAS animal shelters help both animals andpeople in many ways: by returning lost pets to their owners, enforcing animalcontrol laws, rescuing injured animals, educating the public, and matching up families with new animal v a�- companions; 4; WHEREAS the work of animal shelters and the important services they provide often goes unnoticed andunlbrappreciatedby the citizens; e NOW, THEREFORE, be it resolved that November 7-73, 7999, is designated "_National _Anima! Shelter Appreciation Week" in North Richland Hills, in recognition of the North Richland Hills _anima! Services Center for providing lifesaving services to animals andpeople in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused-the sear of the City of North RichlandHiUCs to he affixed-this 8'" day of November, 7999. Charles Scoma, Mayor NRH Ciy o f NORTH RIC?CLSI'ND 3-!ILLS PROCLAMATION 1V3-1ERE.AS, each year 22 million tons of solid waste go into Texas landfiITs. That's more than a ton of garbage per Texan every year. Almost 8o percent of that garbage may be recyclable; and WHHEREAS, to focus on the importance of keeping recycling working by purchasing recycledproducts a steering committee of more than one hundredmembers from business, government, schools, and organizations have organized"Texas Recycles Day," and these groups, including the City of North Richland HUB., are encouraging their employees, customers, members and-all-citizens to pledge to recycle and buy recycled products; and WHEREAS,participating in Texas Recycles Day is one way the citizens of this state can help the Clean Texas 2000 pollution prevention program of the Texas NaturafResource Conservation Commission accomplish its goal to surpass the gapercent waste reduction goal set by the Texas Legislature by reducing the solidwaste going into Texas Landfills. W7-EREAs, state andcommunity leaders needto spread the word about the excellent programs they have established the growth of markets for recyclables, the importance of buying recycledproducts, the need to expand the collection of recycled and the benefits of investments in recycling by smallandlarge businesses. NOW, 'T9iEREJORE, I, Charles Scoma, Mayor of the City of North Richland Hire do • ' hereby proclaim Saturday, November 73, 1999, as: "TEXAS RECYCLES DAN` in the City of North Richland.1-1111s andNitvember 15, as statewide 'texas Recycles Day", andurge allcitizens to join in these days of recognition. PN WITNESS WHEREOF, I have hereunto set my handandcausedthe seaCof the City of North Richland Hilts to be affixed this 8'" day of November, 1999. Charles Scoma, Mayor For MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST LOOP 820 — OCTOBER 25, 1999 —3:30 P.M. Present Charles Scoma Mayor JoAnn Johnson Mayor Pro Tem Lyle E. Welch Councilman Russell Mitchell Councilman Frank Metts, Jr. Councilman Don Phifer Councilman Matt Milano, Ph D. Councilman T. Oscar Trevino, Jr. Councilman Larry J. Cunningham City Manager Randy Shrflet Deputy City Manager Steve Norwood Assistant City Manager Greg Vick Managing Director Community Services Patricia Hutson City Secretary Alicia Richardson Assistant City Secretary Marty Wieder Economic Development Director Greg Dickens Public Works Director Larry Koonce Finance Director Donna Huerta Director of Communications Marcy Ratcliff Director of Planning Paulette Hartman Assistant to City Manager Ed Dryden Building Official ITEM DISCUSSION ASSIGNMENT CALL TO ORDER Mayor Scoma called the meeting to order at 3:36 p.m. IR 99-232 REVIEW Mr. Norwood advised the Council that the purpose of MARCY/STEVE N. & DISCUSS this meeting was to discuss proposed general POSSIBLE concepts and ideas related to Phase 2 of the sign AMENDMENTS TO regulations and to receive feed back from the THE SIGN Council. A proposed ordinance will then be drafted ORDINANCE, NO for the Council to review at the November 8 Council 2374 RELATIVE TO meeting. Ms. Brenda McDonald, McDonald & PORTABLE SIGNS, Associates, reviewed possible amendments to the VEHICLE SIGNS Sign Ordinance based on the issues that the Land `ND NON- Use Ad Hoc Committee felt should be addressed in ..ONFORMING Phase II of the review of the Sign Regulations. Ms. SIGNS McDonald reviewed existing regulations for portable signs and some proposed regulations The Council City Council Minutes October 25, 1999 Page 2 ITEM DISCUSSION ASSIGNMENT I I questioned allowing portable signs in residential districts for community events. The Council discussed that community events was too broad and it was suggested that non-profit be used instead of community events There was concern expressed that businesses could only use a portable sign to advertise for grand opening events and that grand openings would be a one-time event. The Council discussed requiring a $100 deposit before the permit is issued. The deposit would be returned if the sign was removed within the allotted time The consensus of the Council was that there needed to be a description of community events, definitions were needed for residential districts, temporary signs, and portable signs, that non-profit and not for profit organizations should be determined as defined in the Tax Code, and that portable signs that are allowed for community events in residential districts should be restricted to collector streets. Attorney McEntire present at 4:08 p.m. The Council felt that in addition to a grand opening portable sign that a business should be allowed one portable sign each year for 10 days. If the portable sign is left up longer than ten days, their deposit would be forfeited and they would also lose the privilege of being allowed a portable sign. The Council was agreeable to the proposed regulation that portable signs must be removed at the expiration of the permit but wanted to include a deposit requirement. The Council agreed that portable signs can be erected for 10 days for all events and must be picked up two days after each event. The Council agreed to the proposal that there would be no cost for a permit for community events but that a deposit would be required The Council discussed existing regulations for vehicle signs and the concepts being proposed The Council agreed to the proposed regulations for vehicles with a modification to proposal number 5 'Vehicles whose primary use is regular delivery of goods or services... The word regular was added before delivery of goods or services. City Council Minutes October 25, 1999 Page 3 ITEM DISCUSSION ASSIGNMENT There was discussion on the existing regulations for pole signs and what was being proposed. There was extensive discussion by the Council on how • they each thought older signs should be brought into compliance with the new regulations Ms. McDonald advised the Council that she had understood that they wanted to revise the existing pole sign regulations, but after hearing input from the Council realized that the existing regulations were what Council wanted. The Council made the following comments regarding the existing pole sign regulations: 1) Pole signs would continue to be allowed in all nonresidential zoning districts and the Agricultural District The implementation plan needs to be worked out. 2) Change single lot developments with a principal exceeds 10,000 square feet to 25,000 square feet. 3) Possibly the approach for enforcement of the new regulations on existing businesses could be at the time of change of occupancy or change in ownership versus amortization. This would also includes areas where signs were damaged, obsolete or illegal. Amortization may be needed in strip centers to bring the signs into compliance. Consensus was to bring L back draft ordinance for review November 8 to reflect changes, suggestions in this meeting. RECESS Mayor Scoma recessed the meeting at 5:28 p.m. BACK TO ORDER Mayor Scoma called the meeting back to order at 5:47 p.m. with the same Council Members present as recorded and the following additional staff members present: Jim Browne, Parks & Recreation Director; Mike Curtis, Assistant Public Works Director; Bill Thornton, Assistant Parks Director; Marty Weider, Director of Economic Development; Greg Dickens, Public Works Director. DISCUSS ITEMS Agenda Item No. 7 — PZ 99-24 - Councilman NAN FROM REGULAR Trevino questioned why the property could not be OCTOBER 25, 1999 rezoned to C-1 specific use rather than C-2. CITY COUNCIL Attorney McEntire advised that to change it to C-1 MEETING specific use, the Council would need to deny the C-2 City Council Minutes October 25, 1999 Page 4 ITEM DISCUSSION ASSIGNMENT request for zoning and a request for C-1 SU zoning would need to be heard by the Planning and Zoning Commission. The Council was advised that if they should decide to deny the request for C-2 zoning and request the applicant to resubmit his request for C-1 Specific Use, the building elevation plans required for SUP and the additional zoning fees could be waived by Council in their motion. Agenda Item No. 17—GN 99-124—Councilman NAN Metts questioned Watauga's role in the acquisition of right-of-way. Attorney McEntire advised that the proposed resolution allows North Richland Hills to assess Watauga property owners adjacent to Rufe Snow and to acquire all necessary right of way from Watauga property owners for the Rufe Snow project. Agenda Item No. 17—GN 99-121 —Councilman NAN Trevino advised that the cover sheet has him listed as a member of the TIRZ Number 1. This is in error • and Councilwoman Johnson should have been listed instead. The City Manager advised that State law allows for the appointment of up to ten but no more than 11 members to the Board of Directors. The Council was advised that because of a proposed new law that will require an odd number of members on a Board, the Council should consider only adding one additional member to the board IR 99-235 REVIEW The Attorney discussed with the Council the dating LARRY C./STEVE N. DATING OF PLATS of plats as affected by Chapter 245 of the PER HOUSE BILL Government Code. Mr. McEntire explained that new 1704 legislation allows after May 11, 2000 for the Council to place an expiration date on inactive projects already platted. However, the expiration date may not be earlier than May 11, 2004. Mayor Scoma handed out to the Council a summary of information on vested rights that he obtained from the "Institute on Planning, Zoning and Eminent Domain" seminar he attended in Dallas. There was considerable discussion on the interpretation of the Vested Rights Act and whether the proposed Tree Ordinance as a stand-alone ordinance could be enforced against City Council Minutes October 25, 1999 Page 5 ITEM DISCUSSION ASSIGNMENT previously platted property. Staff was directed to further determine the effect Chapter 245 of the Government Code would have on the enforcement of new ordinances on previously approved plats and whether the exceptions and exemptions of the Chapter would only apply if the regulations were in the Zoning Ordinance. GN 99-121 Discussed earlier in meeting. NAN DISCUSS APPOINTMENT OF TIF BOARD MEMBERS IR 99-234 REVIEW Mr. Vick updated the Council on the meetings with NAN STATUS OF the other taxing entities regarding the financing and PROJECT & project plans for the proposed Tax Increment FINANCING PLAN Financing District No. 2. FOR PROPOSED IF #2 ADJOURNMENT Mayor Scoma adjourned the Pre Council Meeting at 6:45 p.m. Charles Scoma — Mayor ATTEST: Patricia Hutson — City Secretary MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — OCTOBER 25, 1999 - 7:00 P.M. 1. CALL TO ORDER Mayor Scoma called the meeting to order October 25, 1999 at 7:01 p m. ROLL CALL Present: Charles Scoma Mayor JoAnn Johnson Mayor Pro Tern Lyle E. Welch Councilman Russell Mitchell Councilman Frank Metts, Jr Councilman Don Phifer Councilman Matt Milano Councilman T. Oscar Trevino, Jr. Councilman Staff: Larry J. Cunningham City Manager Randy Shiflet Deputy City Manager Steve Norwood Assistant City Manager Greg Vick Managing Director of Community Services Patricia Hutson City Secretary Alicia Richardson Assistant City Secretary Rex McEntire Attorney 2. INVOCATION Students from St. John the Apostle Catholic School gave the invocation. 3. PLEDGE OF ALLEGIANCE 4. SPECIAL PRESENTATIONS BEAUTIFICATION AWARDS Ms. Patsy Tucker presented the following Yard of the Month awards. City Council Minutes October 25, 1999 Page 2 J B. & Sherry Morgan, 6212 Camelot Ct., Darryl & Barbara Cason, 6724 Corona, David & Debbie Dodson, 6612 Carston Ct.; Phillip & Anna Peters, 7700 Terry; Bill & Sara Woodrow, 8352 Emerald Cr.; Jerry & Mickie Casey, 6801 Richfield; Greg & Tena Clifton, 8912 Amundson Dr.; Robert & Cherie Seamster, 7034 Timberlane; and Les & Tracey Lewis, 8413 Shady Oaks Dr Ms Patsy Tucker also presented the Landscape of the Month Award to Davis Business Park, 5217 Davis Blvd. 5. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE WORK SESSION MEETING AUGUST 16, 1999 B. MINUTES OF THE PRE-COUNCIL MEETING OCTOBER 11, 1999 C. MINUTES OF THE COUNCIL MEETING OCTOBER 11, 1999 D. GN 99-111 -AMENDING AUTHORIZED INVESTMENT OFFICERS LIST FOR TEXPOOL— RESOLUTION NO. 99-79 E. GN 99-112 -AUTHORIZE INVESTMENT OFFICERS - RESOLUTION NO. 99-80 F. GN 99-113 -AUTHORIZE SIGNATURES FOR PLEDGEE SIGNATURE AUTHORIZATION FORM - RESOLUTION NO. 99-81 G. GN 99-115 - INDEMNITY— NORTH HILLS MALL LEASE REGARDING CRITTER CONNECTION — RESOLUTION NO. 99-75 H. GN 99-116 - CHANGE ORDER #3 TO DEAN CONSTRUCTION FOR 100 ACRE PARK SITE City Council Minutes October 25. 1999 Page 3 Mayor Pro Tern Johnson moved, seconded by Councilman Phifer to approve the consent agenda. Motion to approve carried 7-0 7. PZ 99-24 - PUBLIC HEARING TO CONSIDER THE REQUEST OF TOMMY TUCKER FOR A ZONING CHANGE ON LOT 2, JOHNS ADDITION, FROM LR-LOCAL RETAIL TO C2-COMMERCIAL. (LOCATED AT 6400 DAVIS BLVD) —ORDINANCE NO. 2421 APPROVED Ms. Marcy Ratcliff, Director of Planning, summarized PZ 99-24. Mr. Tommy Tucker, applicant, was available to answer questions. Council discussed applicant's request. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Mr. Cunningham, City Manager, suggested that Council approve C2 tonight to allow Mr. Tucker to continue with construction, and Staff come back later and zone as Cl with a special-use permit. Mayor Pro Tern Johnson would like all fees associated with rezoning and special use permit waived. Councilman Mitchell amended his motion to approve PZ 99-24, Ordinance No. 2421 with the provision that the zoning be changed to Cl, with a special-use permit at a later date with no additional costs to the applicant. Councilman Phifer seconded the motion. Motion to approve carried 7-0. 8. GN 99-114 - LIBRARY FEES—ORDINANCE NO. 2418 APPROVED Mr. Steve Brown, Library Director, summarized GN 99-114. Councilman Phifer moved, seconded by Councilman Milano to approve GN 99-114, Ordinance No 2418. Motion to approve carried 7-0. City Council Minutes October 25, 1999 Page 4 Motion to approve carried 7-0. 9. GN 99-117 - PARK AND RECREATION BOARD RECOMMENDATIONS FOR PARK NAMES — RESOLUTION NO. 99-77 APPROVED Mr. Dwayne Leslie, Board Chairman, summarized GN 99-117. Mayor Pro Tern Johnson inquired how the board determined name, and suggested a contest for all citizens to participate in naming the park. She also mentioned that she would like to see a program developed for naming parks. Councilman Trevino moved, seconded by Councilman Metts to approve GN 99-117, Resolution No. 99-77. Motion to approve carried 6-1; with Councilmen Welch, Mitchell, Metts, Phifer, Milano, and Trevino voting for and Mayor Pro Tern Johnson voting against. 10. GN 99-118 -RESOLUTION OF INTENT TO CONSIDER PROVIDING TAX ABATEMENT TO THE BLUE LINE ICE COMPLEX - RESOLUTION NO. 99-78 APPROVED Mr. Marty Wieder, Director of Economic Development, summarized GN 99-118. Councilman Metts moved, seconded by Mayor Pro Tem Johnson to approve GN 99-118, Resolution No. 99-78 Motion to approve carried 7-0. 11. GN 99-119 - PUBLIC HEARING FOR CONSIDERATION OF APPLICATION FOR TAX ABATEMENT BY BLUE LINE ICE COMPLEX—ORDINANCE NO. 2419 AND RESOLUTION NO. 99-79 APPROVED Mr. Wieder summarized GN 99-119. Mr. Greg Fitzgerald, Owner— Blue Line Ice, was present to answer questions. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. City Council Minutes October 25, 1999 Page 5 Mayor Pro Tern Johnson moved, seconded by Councilman Phifer to approve GN 99- 119, Ordinance No. 2419 and Resolution No. 99-79. Motion to approve carried 7-0. 12. GN 99-120 — PUBLIC HEARING TO CONSIDER CREATION OF TAX REINVESTMENT ZONE NUMBER 2 — ORDINANCE NO. 2420 APPROVED Mr. Wieder advised Council that all entities have been notified, and all but one waiver had been received. The last entity would be voting on the waiver later this week. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Councilman Milano moved, seconded by Mayor Pro Tern Johnson to approve GN 99- 120, Ordinance No. 2420 establishing Reinvestment Zone Number 2. Motion to approve carried 7-0. 13. GN 99-121 -APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE NUMBER 2 APPROVED Mr. Wieder summarized GN 99-121. Mayor Scoma asked if other entities could appoint a delegate. Councilman Metts moved to designate City Manager Larry Cunningham as the Zone Manager and appoint Mayor Scoma, Mayor Pro Tem Johnson, and Councilmen Welch, Metts, Mitchell, and Milano as delegates on the Reinvestment Zone No. 2 Board of Directors. Motion to approve carried 7-0. 14. GN 99-123 - APPOINTMENT TO PLACE 2 ON THE PARK & RECREATION BOARD APPROVED City Council Minutes October 25, 1999 Page 6 Councilman Mitchell moved to appoint Mr. Andrew Wolfe to Place 2 on the Park & Recreation Board. Mayor Pro Tern Johnson seconded the motion. Motion to approve carried 7-0. RECESS Mayor Scoma recessed the meeting at 8:09 p.m. BACK TO ORDER Mayor Scoma called the meeting back to order at 8:17 p.m. with the same Council Members present as recorded. 15. GN 99-122 - PUBLIC HEARING TO CONSIDER ADOPTING A TREE PRESERVATION ORDINANCE — ORDINANCE NO. 2422 APPROVED Ms. Ratcliff, summarized GN 99-122 with a slide presentation. Ms. Ratcliff also mentioned the receipt of two letters from Mr. Steve Johnson, TXU and Mr. Jeff Quinters. Staff recommends using certain verbiage from Mr. Johnson's letter regarding Mesquite's "Utilities operating under franchise agreement" Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. The following spoke in favor of the request: Harvey Greenwald, 5016 Strummer Drive, and Patsy Tucker, 6801 North Oaks Drive. The following spoke in opposition Owen D. Long, 1615 Precinct Line Road, Suite 106, Hurst 76054, Marvin Smith, 7609 Douglas Lane, and John Barfield, 700 Harwood Road, Suite A, Hurst 76054. Mayor Scoma closed the public hearing. Councilman Trevino moved to approve GN 99-122, Ordinance No. 2422 with the following provisions: add the word "preliminary" in front of plat on pg 4, Section 300A3; change exhibit A to exhibit B on pg 8, Section 600B2o; critical rezone deleted and replaced by dripline on pg 10, Section 800B4; and to include "Utilities operating under a franchise agreement with the City of Mesquite are exempt from this ordinance and are not required to make application for removal of protected trees provided that any trees removed under this exemption pose a direct hindrance to the utility's ability to exercise its rights under the franchise to utilize City Council Minutes October 25, 1999 Page 7 city property rights-of-way, and dedicated easements to provide safe, reliable service to its customers and that said trees are located in the aforementioned areas governed by the franchise agreement and removal of trees is directly linked to extending service to new customers." and the addition of the statement from Mesquite, excluding the last sentence. Mayor Pro Tern Johnson seconded the motion Motion to approve carried 7-0. 16. GN 99-124 - PUBLIC HEARING TO CONSIDER REPEALING ORDINANCE NO. 2375 AND ADOPTING LANDSCAPE REGULATIONS — ORDINANCE NO. 2423 APPROVED Ms. Ratcliff summarized GN 99-124. Councilman Phifer expressed his concern with ornamental trees, pear trees in particular stating that they would be dead in fifteen years, and the city needs to consider limiting the use of Bradford Pear trees. Mayor Scoma opened the public hearing and asked for anyone wishing to speak to come forward. There being no one wishing to speak, Mayor Scoma closed the public hearing. Mayor Pro Tem Johnson moved to approve GN 99-124, Ordinance No. 2423 with the following provisions: delete table 1 on pg 11; wording of 1b, 1c, and 3d changed to match 2b, and 2c; delete "as required by Table 1" and replace with "15 foot buffer yard" on pg 11, 3c; delete the word "over" and replace with "less" on pg 12 3A; and delete "Paragraph J" and replace with "Exhibit A" on pg 12, 3B, second paragraph. Councilman Milano seconded the motion. Motion to approve carried 7-0. 17. PW 99-020 -APPROVE INTERLOCAL AGREEMENT CONCERNING RUFE SNOW DRIVE RIGHT-OF-WAY ACQUISITIONS AND STREET ASSESSMENTS BETWEEN THE CITY OF NORTH RICHLAND HILLS AND THE CITY OF WATAUGA - RESOLUTION NO. 99-76 APPROVED Mr. Greg Dickens, Director of Public Works, summarized the proposed Interlocal Agreement. City Council Minutes October 25, 1999 Page 8 Mr. Dickens clarified that page 1 of 2, section 2 in the Interlocal Agreement should read west side, not east side. Councilman Phifer moved, seconded by Councilman Milano to approve PW 99-020, Resolution No. 99-76. Motion to approve carried 7-0. 18. A. CITIZENS PRESENTATION None. B. INFORMATION AND REPORTS 1.) Community Health and Wellness Fair will be held on Wednesday, October 27, 9:00 a.m. to 6:00 p.m. Event sponsored by City of North Richland Hills, North Hills Hospital, and Kimberly Clark. 2.) Boo Bash held on Saturday, October 30 from 6:00 p.m. to 8:00 p.m. 3.) Open Arms Home, Inc. to host the 11th Annual Style Show Extravaganza on Saturday, November 6 from 10:00 a.m. to 2:30 p.m. at the Richland Hills Church of Christ, 6300 NE Loop 820. 4.) Annual Board & Commission Reception to be held on October 28 at 7:00 p.m. at the Birdville Fine Arts/Athletic Complex, 9200 Mid-Cities Boulevard. ADJOURNMENT Mayor Scoma adjourned the meeting at 9:30 pm. Charles Scoma - Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS Department. Environmental Services Council Meeting Date. 11/08/99 Subject: Renew Contract for Use of Environmental Collection Center Agenda Number: GN 99-125 The current Interlocal Agreement for use of the Fort Worth Environmental Collection Center(ECC) expires on December 31, 1999. This is a renewal of the Interlocal Agreement for the calendar year of 2000. There are three changes to note in the new agreement: • The fee per household has decreased from $77.00 to $67.00. • The Contract will run from January 1, 2000 to September 30, 2000 for this year only and hereafter will run from October 1 –September 30, which will bring this in line with the municipal budget process. • The Fort Worth ECC will provide one mobile collection event free of charge each year. They will use the NRH Crud Cruiser and provide the labor to operate it at a savings to NRH of $400 - $800 next year The ECC is operated by the City of Fort Worth as a regional collection center for household hazardous waste with funding provided by a pass through grant from TNRCC and NCTCOG. The ECC accepts household cleaners, pesticides, herbicides, paint and paint products, oil, aerosols, solvents, auto fluids, photo chemicals, swimming pool chemicals, batteries, acids and fluorescent light bulbs NRH citizens are permitted to take their household products to the ECC under the current Interlocal Agreement. In addition to the ECC, the"Crud Cruiser mobile collection unit, which was purchased through a pass through grant from TNRCC and NCTCOG has already been used twice in NRH, in Apnl and July In addition The Crud Cruiser has been used by the cities of Hurst, Richland Hills, and Grapevine, and will be used by these as well as other cities in the next budget year. The Crud Cruiser allows for local collection events in different locations of the City through out the year and makes getting rid of these hazardous chemicals even easier and more convenient for the citizens of North Richland Hills I should be noted that to date 250 residents have used the Crud Cruiser and the ECC. Recommendation: To approve the Interlocal Agreement with the City of Forth Worth for use of the Environmental Collection Center from January 1, 2000 through September 30, 2000 Finance Review Source of Funds: Account Number AccountNumber Bonds(GO/Rev.) — Sufficient Funds Available Operating Budget Other �/I', `/'// Finance Director Department "r nt Head Signatur- " Manager S ;n ure et) INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "Fort Worth," acting herein by and through Charles Boswell, its duly authorized Assistant City Manager, and Texas, municipality situated in County, Texas, hereinafter called "Participating City," acting herein by and through its duly authorized • WITNESSETH WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation agreements between and among municipalities; and WHEREAS, Texas Government Code, §791.011 provides that a local government may contract with another to perform governmental functions and services, and §791.003(3)(H) defines waste disposal as a governmental function and service; and WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with another local government to purchase services; and WHEREAS, Fort Worth and Participating City desire to enter into an Interlocal agreement whereby Fort Worth will purchase the services of a waste disposal/recycling firm or firms and will administer a household hazardous waste collection program; and WHEREAS, Fort Worth and Participating City mutually desire to be clubfeet to the Texas Government Code. Chapter 791, also known as the Interlocal Cooperation Act. NOW THEREFORE, it is agreed as follows' 1. DEFINITIONS A. Unless a provision in this Agreement explicitly states otherwise, the following terms and phrases, as used in this Agreement, shall have the meanings hereinafter designated Act of God means an act occasioned by the direct, immediate, and exclusive operation of the forces of nature, uncontrolled or uninfluenced by the power of humans and without human intervention. Bill of Lading lists the contents of the mobile collection unit Environmental Collection Center (ECC) means the City of Fort Worth Departmer• Environmental Management facility located at 6400 Bridge Street, Fort Worth, Teccs which is to be used by Fort Worth for the aggregation of household hazardous wastes that have been brought to the facility by participating cities' households for subsequent recycling, disposal, and/or reuse. Environmental damages means all claims, judgments, damages, losses, penalties, fines, liabilities (including stnct liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred subsequent to the execution of this as result teof the e handling, collection, transportation, storage, disposal, waste pursuant to this Agreement, or the existence of a violation of environmental requirements pertaining to same, and including without limitation: (a) Damages for personal injury and death, or injury to property or natural resources; (b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this Agreement or collecting any sums d.,e hereunder; and (c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. Environmental requirements means all applicable blorderse pprovals,future plans teauthor authorizations, rules, ordinances, codes, licenses, permits, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: (a) All requirements, including but not limited remediation to t ho of pertaining todirepa Ling licensing, permitting, investigation, releases, or threatened releases of hazardous materials, pollutants scontamina' for or hazardous or toxic substances, materials, or gaseous in nature, into the air, surface water, groundwater, storm water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, handling of pollutants, contaminants, d is substanc es,materials, or wastes, hthrsolid, qu d or gaseous in nature; and 2 (b) All requirements pertaining to the protection of the health and safety of employees or the public. Force maieure means decrees of or restraints by a governmental instrumentality, acts of God, work stoppages due to labor disputes or strikes, failure of Fort Worth's contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of the collection of household hazardous waste, fires, explosions, epidemics, riots, war, rebellion, and sabotage. Household hazardous waste (HHW) means any solid waste generated in a household by a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261. Manifest means the uniform hazardous waste manifest form(s) furnished by the TNRCC to accompany shipments of municipal hazardous waste or Class 1 industrial solid waste for waste transported to a site in Texas, or the comparable manifest of the receiving state if the waste is transported out of Texas. Mobile collection event means a household hazardous waste collection event for 50 to 75 households by Participating City utilizing a mobile collection unit. Mobile collection unit (MCU1 means a non-self-propelled vehicle used for the periodic collection of household hazardous waste by Participating City, off-site of the ECC, which is transported to the ECC to dispose of the household hazardous waste collected at the mobile collection event. The mobile collection unit is designed to hold the hazardous household waste of approximately 50 to 75 households. Participating Cities, when used in the plural, means Fort Worth, Participating City, and all other cities which have entered into interlocal agreements with Fort Worth for the ECC household hazardous waste collection program. Person means an individual, corporation, organization, government, or governmental subdivision or agency, business trust, partnership, association, or any other legal entity Waste has the same meaning as "solid waste' as that term is defined in Texas Health ain't: Safety Code §361.003, and including hazardous substances B. provision this explicitly otherwise, r following abbreviations, as used in this Agreement, shall have the meanings hereinafter CERCLA- Comprehensive Environmental Response, Compensation, and Liability Act. CPR - cardiopulmonary resuscitation. DOT- United States Department of Transportation. ECC - Environmental Collection Center. EPA - United States Environmental Protection Agency. 3 HAZCAT - hazardous categorization. HAZWOPER - hazardous waste operations and emergency response. HM - hazardous materials. HHW - household hazardous waste. MCU - Mobile Collection Unit. 2. PURPOSE The purpose of this interlocal agreement (hereafter "Agreement') is the provision of services by Fort Worth to Participating City whereby, subject to the terms and conditions specified below, Fort Worth will administer and supervise a regional household hazardous waste collection program. which will be available to households within Participating City. 3. TERM This Agreement shall be effective from January 1, 2000, through September 30, 2000. 4. SERVICES OF FORT WORTH Fort Worth agrees to perform the following services for Participating City in connection with the ECC household hazardous waste collection program. A. Fort Worth will administer a regional household hazardous waste collection program This program will include the operation of the Environmental Collection Center, which accept for disposal and/or recycling household hazardous waste from households located within Participating City. Fort Worth shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials: biological, etiologic, and infectious materials; wastes from businesses; and any other wastes that Fort Worth has determined are unacceptable. 8. Fort Worth will employ or retain personnel to provide the services necessary to perform this Agreement. C. Fort Worth will enter into a contract(s) with waste disposaVrecycling firm(s) for the handling, collection, transportation,torage ,edisp at 1, treatment,atment, recovery, and/or reuse of household hazardous waste, D. Fort Worth will, if requested in writing by Participating City, provide Participating City .v i"' copies of waste manifests for shipments of waste from the ECC 4 E. Fort Worth will, if requested in writing by Participating City, provide Participating City a monthly report of the Participating City's households who disposed of household hazardous waste at the Environmental Collection Center or a Mobile Collection Event. F. Fort Worth will issue a report and a bill at the end of each quarter detailing the number of Participating City's households that disposed of household hazardous waste at the Environmental Collection Center or at a mobile collection event. G. Fort Worth will act under this Agreement in accordance with all applicable state and federal laws. H. Non-Fort Worth Mobile Collection Unit 1. Fort'Worth agrees to accept household hazardous waste from Participating City's MCU in accordance with Section 5, Paragraph E, of this agreement. 2. however, Fort agrees Worth shall restock only erestock litemsolstedfrom n Exhb 'tIPA", attached and incorporated herein as if set forth. J. Mobile Collection Events 1. If Participating City would like to schedule a mobile collection event with the Fort Worth Mobile Collection Unit, Fort Worth will send Participating City a list of available dates Participating City will contact Fort Worth as soon as possible to schedule the date time and location agreeable to both parties (a) Location If Participating City chooses to hold the Mobile Collection Event on private property, Participating City shall obtain a signed waiver from the owner of the property 1 week prior to the event. The waiver shall be in the form of Exhibit B or similar form approved by Fort Worth. The signed waiver must be sent to Fort Worth 1 week before the Mobile Collection Event. If the signed waiver is not sent to Fort Worth 1 week before the Mobile Collection Event, Fort Worth will not send the event be entitled Mobile tto any Idamag s Unit of an y Participating costs, except l xcept as provided herein. (b) Available Dates Participating City acknowledges that Fort Worth contracts with other municipalities and that Fort Worth will be accommodating g each Participating erequest on a first come first served basis Therefore, Participating City chosen date to schedule a mobile collection event may be reserved by ano nor C. and Participating City will have to choose another date Participating City, :nil in r. event, be entitled to any damages or recovery of any costs, except as providec herein. 2. Mobile Participating City acknowledges households and agrees that Fon Worth shall accept household hazadouswas waste from the first 50 that show 5 proof of residency at the Mobile Collection Event. After the first 50 households, Fort Worth will determine in its sole discretion how much more waste it can accept and store properly. It more households arrive at the event than Fort Worth can accept, Participating City will in no event be entitled to any damage of recovery of any costs, except as provided herein. 3. Due to the lack of storage space at the ECC, Participating City acknowledges and event, a that if it Participating City's Non-Fort WorthoMobi Collection Collection shall mobile also be at the event 4. City, in its sole discretion, will determine whether to send the Fort Worth Mocae Collection Unit to Participating City's Collection Event during adverse weather or the threat of adverse weather including but not limited to sleet, snow, rain, mist or hail. In the event Fort Worth determines not to send the Fort Worth Mobile Collection Unit, Fort Worth shall notify persons listed in Section 5, Paragraph A and shall send a Fort Worth employee to the Participating City's me tell l Worth resideints that cone to dispose of household hazardous waste; 1) that will not be coming to the event, and, 2) that the resident can go to the ECC to dispose of the waste and provide a map to the ECC. 5. DUTIES OF PARTICIPATING CITY Participating City agrees to perform the following duties in connection with the nousettad hazardous waste collection program. act A. as its Participating ousehold hazlarrdougsn collection collect n coordinator to interact rw as an ith Fort Worth o Designated is: telephone number Pager number o r or 24-hour number where he or she can be reached Alternate n is telephone number Paager er number or 24-hour number where he or she can be reached B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as it deems advertising shall include l be accepted at theECC the requirement t of proof of resdecy and weatherr wastes ancelation information C as provided in Selction notify es The Environmental onmenta Collection ction operation and Hoursot Oper iss D. Participating City may choose to utilize a voucher system for its residents in order for then• to bring HHW to the ECC. If Participating City chooses to use such a system, it shag notify Fort Worth of the decision, and shall provide Fort Worth with a copy of the official voucher. In addition, if a citizen from a Participating City that utilizes a voucher system 6 comes to the ECC or a mobile collection event without a voucher, Participating City acknowledges and agrees that Fort Worth will not accept the household hazardous waste until Participating City authorizes the acceptance in writing. E. Participating ry's households that sha et disposed request of household hazardous waste at ethe ECC or�ta mobile collection event. F. Participating City shall provide traffic control and signage for the mobile collection events, and shall provide personnel to assist Fort Worth with the survey and screening of persons dropping off household hazardous waste. The parties prior to the event shall agree upon the details of the traffic control, signage, and personnel assistance. G Fort Worth Mobile Collection Units Collecting Household Hazardous Waste t. Participating City shall advise the ECC program manager at least 72 hours in advance of its mobile collection events. Participating City shall collect only HHW during a mobile collection event. Wastes from commercial, agricultural, and industrial sources shall not be accepted. Participating City shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, and infectious materials. and any other wastes that Fort Worth has determined are unacceptable. 2. In accordance with the latest DOT requirements, Participating City's MC'J operators will properly categorize, package, mark, label, and load into the MCU. ail wastes received at the mobile collection event. Recyclable products (used oil, used oil filters, latex paint, recyclable anti-freeze, lead-acid batteries, and fluorescent lights) will be segregated into containers for recyclables. 3. After accepting wastes, Participating City's MCU operators shall thoroughly check each container for proper labeling and identification. If a container is properly identified, the material will be segregated according to hazard class and prepared for packaging. If a container does not have adequate labeling to permit identification, the MCU operators shall then attempt to identify the material from its physical characteristics using HAZCAT analysis and from information provided by the household presenting the waste. 4. The Participating City's MCU operators shall package all hazardous materials in accordance with United States Department of Transportation (DOT) requ.rements United States Environmental Protection Agency (EPA) requirements, and all Gino applicable federal and state requirements. After all the wastes have been properly identified and segregated, the MCU operators will reexamine the wastes for compatibility, list them on the container content sheets, and pack them into drums. Oil-based paints and latex paints shall be bulked separately in 55 gallon drums, or if the paint is left in its container, the paint can be packed in a lined cubic yard box, and packed and labeled according to federal and state regulations. Participating City shall not transport waste that is not HHW to the ECC. Participating City agrees to make its own arrangements to dispose of any non-HHW waste collected at the event. 7 5. Prior to transporting the HHW from the collection event site(s), Participating City's MCU operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the cab of the truck hauling the MCU during transportation of the HHW to the ECC Participating City shall require that a minimum of one copy of the latest North American Emergency Response Guidebook is kept within the cab of the truck. 6 During transportation, Participating City's MCU operators shall placard the MCU for transportation of hazardous waste in accordance with federal and state law 7 follow the instructions MCU to the Worth C regarding Participating p placement of operators MCU sna unloading. Fort Worth shall take possession of the MCU from Participating City 'after the MCU has been properly parked for unloading in accordance with Fon Worth's instructions and all required documents have been delivered to the ECC program manager or his designee at the ECC. Fort Worth shall, within a reasonable amount of time, unload the HHW from the non-Fort Worth MCU and store the HHW at the ECC. 8. If Fort Worth, in its sole discretion, determines that Participating City's MCU operators improperly packaged any of the HHW Cdeshaedr to ter FCC, Fort Worth shall repackage such waste, Participating City set forth in Section 10., Paragraph B. 9. If a spill occurs at the ECC while the MCU is still in Participating City's possession Fort Worth shall take control of the spill response and Participating Cm: NI reimburse Fort Worth for its response costs as set fonh in Section 10 P ira_ a. • C. 6. USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE A Fort Worth will enter into a contract(s) with waste disposal/recycling firm firm(s) for the of hhandho, collection, transportation, storage, disposal, treatment, recovery, hazardous waste, which is collected at the ECC. B. Such 1irm(s) shall be required pursuant to the contract(s) to assume generator status for the waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating cities against any and all environmental damages and the violation of any and all environmental requirements resulting from the handling, collection, transportation storage, disposal, treatment, recovery, and/or recycling of waste collected pursuart 'c h. agreement, when said environmental damages or the violation of sad crsvirns—rsys requirements was the result of any act or omission of contractor, -its officers agora employees, or subcontractors, or the joint act or omission of contractor, its officers agent: employees, or subcontractors and any other person or entity. C. THE ASSUME GENERATORZESTATUS ALTHOUGH ASSUMPTION WILL WILLB BE REQUIRED NOT RELIEVE 8 PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND STATE LAW. Fort Worth will arrange for recycling vendors for used oil, batteries. antifreeze, and other materials as it deems appropriate. 7. REUSE OF COLLECTED MATERIALS A. From time-to-time Fort Worth will make available to residents and businesses of Fort Worth, as well as, Participating City and residents and businesses of Participating City for their use, collected household hazardous waste materials that are suitable for reuse, such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any materials that are picked up for reuse. B. Some Materials made available for reuse may have been consolidated and filtered by Fort Worth prior to being made available. Used antifreeze will have been consolidated in a barrel, filtered, and pH balanced, and new antifreeze may have been added to the barrel C. In regards to materials accepted by Participating City, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT: 1. the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4 the contents of the container have been stored properly; S. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is In unimpatred condition, 7. the product is still approved for use Q e., it has not been banned or 'ec3i.LCi ,In.. 8. the product can be used without risk to persons, property or the environment FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. D. Participating City shall contact the ECC program manager to arrange a pickup time to obtain materials. Participating City agrees that it shall not return to Fort Worth, directly or indirectly, any materials it obtains from Fort Worth under this paragraph. E. IN REGARDS TO MATERIALS ACCEPTED BY PARTICIPATING CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING CLAIMS, AND RELEASES, AND HOLDS A HARMLESS THE CITY OF PRODUCTS LIABILITY FORT WORTH, AND 9 ALL OF ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS. IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION INJURY TO PERSONS, LOSS OF PROPERTY, WHICH MAY ARISE BY DAMAGE TO PROPERTY, OR REASON SF OF USE OF ANY PROPERTY, OCCASIONED BY THE TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER THIS AGREEMENT FROM FORT WORTH. F. In regs to merials Cities,ardFORT atWORTHCe MAKES NO REPRESENTATIONS. Worth patWARRANTIESOR or businesses of Fort GUARANTIES THAT: 1. the container contents are what the label indicates 2. the container contents are those originally placee no tnc L r „ manufacturer; 3. the product is of the quality intended for its use, 4. the contents of the container have been stored properly, 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i e., it has not been banned cr recalled), and 8 the product can be used without risk to persons or in . FURTHERMORE, ALL WARRANTIES, EXPRESS AND It.1PUEL A L SPECIFICALLY DENIED. a Participating City shall attempt to inform its residents and businesses that if tney qo to fr,c for Environmental 01 liability must be Collection sigtned to accept the household household waste hazardous waste for reuse reuse a reieasr_up I 8. RIGHT TO REFUSE WASTE Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from Participating City's resident and to eject such individual from the premises of the ECC, in the reasonable judgment of Fort Worth. A The waste is not household hazardous waste. The waste fails to meet other established criteria ■sta;:i_'.• - :.. - - _ - have been established by For: Worth subsequent to the error: r': " �- :_ 10 C. The individual does not have sufficient identification to establish that he/she is in fact a resident of Participating City; D. Participating City has implemented a voucher system for its residents to dispose of waste, and the individual does not have a valid voucher; or E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC. 9. ENVIRONMENTAL COLLECTION ON CENTER HOURS AND DAYS OF A. Hours of Operation During the term of the agreement,the ECC's hours of operation are as follows: Thursday and Friday 11:00 a.m. - 7:00 p.m. Saturday 9:00 a.m. —3:00 p.m. B. Days the Environmental Collection Center will be closed During the term of the agreement, the ECC will be closed on the following days: New Year's Day, January 1, 2000 January 3, 2000 through January 9, 2000, for cleanup and repairs M.L.K. Day January 17, 2000 Memorial Day, May 29, 2000 Independence Day, July 4, 2000 Labor Day, September 4, 2000 F. Notifying Residents Participating City agrees to notify its residents of the ECC's hours of operation and dates it will be closed. Participating City may advertise the 24-hour Environmental Collection Center telephone number to give its residents the Environmental Collection Center's hours. The number is: (817) 871-5257. 10. COMPENSATION As fair compensation for the services provided by Fort Worth pursuant to this agreement: A comes torte EICC or a Mobile Collection Event to dispose of household haze dots waste per household/ per wall any B. If Fort Worth determines that Participating City s MCU operators improperly packaged y of the HHW delivered to the ECC, Fort Participating City shall reimburse Fort Worth for it staff time at$20.00 an hour and the cost of supplies. 11 C. If a spill occurs at the ECC while the Non- Fort Worth MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs of $60.00 per hour staff time and the cost of supplies. D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C of shall be billed to Participating City quarterly. Participating City shall pay Fort Worth within 30 days of receiving a bill from Fort Worth. If Fort Worth does not receive payment within 30 days, Fort Worth shall inform Participating City in writing that it will not accept any household hazardous waste from Participating City's residents and that Fort Worth will not participate in a mobile collection event or provide a mobile collection unit paid. E. At the end of the term of this Agreement. Fort Worth shall provide a final accounting to Participating City, which will include the total number of Participating City's households which participated in the program, repackaging fees, if any, and the total cost of spill response charged to Participating City, if any. F. Pursuant to the requirements of Government Code §791.011(a)(3), the amount due to Fort Worth under Subparagraph D. above, shall be paid from revenues currently available to Participating City in the present fiscal year. 11. ARTWORK , "CAPTAIN CRUD AND CRUDDIES," PROMOTIONAL MATERIALS LICENSE AGREEMENT Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer," "Otto." "Pestle. "Scrub," and "Van Goo") "Conquer Your Crud," and "Crud Cruiser", and therefore a ownership rights belong to Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of State. A Fort Worth hereby grants to Participating City a non-transferable, non-exclusive license to use all the artwork and promotional materals that may be provided by Fort Worth to be used solely in the conduct of the business of Participating City's disposal and recycling of household hazardous waste programs. If Participating City wishes to use to Licensed An and/or Promotional Materials in other limited situations, Participating City must first obtain express written consent from Fort Worth. B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City pursuant to the terms of this Agreement. Participating City acknowledges that by virtue of this License, Participating City acquires only the right to use the original and permitted duplicate copies of the Licensed Artwork and Promotional Materials and does not accuire any rights of ownership in the Licensed Artwork and Promotional Materials, which rigrfrE shall remain exclusively with Fort Worth. If Participating City wants to modify or mange toe artwork and/or promotional materials in any manner, Participating City nereby agrees r contact Fort Worth in writing to obtain written consent before modifying or changing any artwork and/or promotional materials. 12 C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating City shall use actors approved by Fort Worth to portray "Captain Crud" since "Captain Crud" is owned by Fort Worth. Participating City shall be solely responsible for compensating actor for the services provided to Participating City. Participating City will contact Fort Worth as soon as possible with the date and time of the event agreeable to both parties to obtain approval for the chosen actor and to request and pickup the "Captain Crud" costume for its events. Fort Worth will provide the "Captain Crud" costume. However, Participating City agrees to be liable to Fort Worth for any damage to the costume or if Participating City fails to return the entire costume to Fort Worth or if the costume is not returned in the same condition as received. 12. IMMUNITY ne of the It is expressly understood and agreed that, in the execution of any Agreemen noense that participating cities waives, nor shall be hereby deemed to waive, y tY r would otherwise be available to it against claims arising in the exercise of governmental powers and functions, and that the services described in this Agreement are a governmental function. 13. FORCE MAJEURE A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to the extent that the delay or failure to perform resulted from a force majeure event and the Itgence delay or failure was beyond the control of Fort Worth and not du to its fault It or any gdamages Participating City shall not have, and hereby waives, any resulting from delays or failure to perform caused by a force majeure event. 14. TERMINATION The parties shall each have the right to terminate the Agreement for any reason, with or without cause, upon thirty (30) days' written notice to the other party. Upon termination, the parties shall be released from all contractual obligations to the other party excluding "USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6) "REUSE COLLECTED RI (Paragraph N "CAPTAIN ND THE CRUDDIES; AND PROMOTIONAL MATERIALS LICENSE AGREEMENT' (Paragraph 11). 15. NOTICE Any notices required to be given under this Agreement shall be delivered as follows. 13 If to Fort Worth: Brian Boerner, CHMM, Director Department of Environmental Management City of Fort Worth 1000 Throckmorton Fort Worth,Texas 76102 It to Participating City: 16. ENTIRETY This Agreement contains all commitments and Agreements of the parties hereto, and no other excet oral or written Agreement can be commitments mended or have odfied by the parties if c such ame indment is this writing and signed by Participating City and Fort Worth. 17. SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or as if such invalidshlegal, or unenforceable provisions' hhad never been Agreement nta ned herein. construed 18. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this Agreement,venue for said action shall be in Tarrant County, Texas. 19. AUTHORITY This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to Texas Government Code, Chapter 791. 20. AUTHORIZATION The undersigned officers and/or agents of the parties hereto are properly authorized officials and 14 have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. EXECUTED IN TRIPLICATE CITY OF FORT WORTH PARTICIPATING CITY By: By: Charles Boswell Printed Name: Assistant City Manager Title: Date: Date: APPROVED AS TO FORM APPROVED AS TO FORM AND LEGALITY: AND LEGALITY: l Assistant City Attorney City A rney ATTEST: ATTEST: Gloria Pearson City Secretary City Secretary 15 Exhibit "A" RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT Material Amount Restocked Special Needs Remarks 55 gallon open top drums (open top for Amount taken off loose packs) the trailer 55 gallon drums (closed top) Amount taken off (oil, antifreeze, bulk the trailer flammable materials and one extra) Fiber drums (55 or 30 gallon) Amount taken off Aerosols, acids, the trailer bases and oxidizers) Gaylord box liners (plastic) Amount taken off the trailer 55 gallon drum liners Amount taken off the trailer 5 gallon buckets (filters/haz Amount taken off chemicals the trailer Survey Forms Amount taken off the trailer - — Labels/drum placard Amount taken off the trailer Gaylord boxes Amount taken off the trailer Absorbent pads Amount taken off the trailer Vermiculite Amount taken off the trailer Oil dry Amount taken off the trailer Promotional Materials & Amount Needed Brochures Exhibit"B" WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD HAZARDOUS WASTE I being the owner of property located at have been asked by the City of to allow a mobile collection event on my property to collect household hazardous waste on the hereby give.2000 to hold a household consideration of heule my permission to the City of to which the City ld hazardous waste collection event on my property of has asked the City of Fort Worth to send its mobile collection unit to collect the household hazardous waste that is brought to the event. Therefore, in consideration of I hereby RELEASE, DICHARGE,HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its' officers, agents, and employees and the and its officers, agents, and/or lemployees for any and all claims, demands, liability, causes of action, actions or suits of any character that I may have against the City of Fort Worth or its' officer ss agents, and/ ors, and/or employees and the City of employees for any property loss or damage, for any and all personal injury including death or any other damage of any kind or character which hold d a household or that arises from allowing the City of hazardous waste collection event, in which the City of Fort Worth sends its mobile collection unit on my property. I have read this Waiver and Release and fully understand its terms and conditions. I have not been influenced in any extent whatsoever by any representation or statements not contained in this Agreement. I hereby acknowledge that this Waiver and Release is given in consideration of Signature Date Witness CITY OF NORTH RICHLAND HILLS Department Legal Council Meeting Date. 11/8/99 subject Adoption of Terms of Section 33 08 of Tax Code, Agenda Number. GN 99-133 Resolution No. 99-88 The City has a contract with our ad valorem tax collector to pay the firm 15% of the taxes collected The legislature, in 1999, passed legislation, known now as Section 33 08 of the Tax Code, which allows the City to pass the 15% collection penalty on to the delinquent tax payer In order to utilize the new law, it is necessary to pass Resolution No. 99-88 to adopt the provisions of Section 33 08. Recommendation: To pass and approve Resolution No. 99-88 Finance Review Source of Funds: Account Number Bonds (GO/Rev.) _ Sufficient Funds Avanace Operating Budget (4t Other K-r4�"�-'-- France Director Alk 1. A LJ De ment ead Signature r ity Manager gnu um Puna 1 of RESOLUTION NO. 99-88 WHEREAS, the City of North Richland Hills has contracted with private legal counsel to enforce collection of delinquent property taxes pursuant to Section 6.30, Texas Tax Code; and WHEREAS, such private legal counsel is entitled to 15% if the delinquent taxes, penalty and interest which are collected and subject to the contract, and the City of North Richland Hills has previously imposed the additional penalty for collection costs under Section 33 07, Texas Tax Code; and WHEREAS, Section 33.08 of the Texas Tax Code authorized the City of North Richland Hills, a taxing unit, to further provide that taxes that become delinquent on or after June 1 of the year in which they become delinquent shall incur an additional penalty not to exceed 15% of the tax, regular penalty and interest, in order to defray costs of collection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that 1 The 1998 taxes and taxes for all subsequent years which become delinquent on or after June 1 of the year in which they become delinquent shall, in order to defray costs of collection, incur an additional penalty of 15% of the tax, regular penalty and interest. PASSED AND APPROVED this 8th day of November, 1999. APPROVED: ATTEST. Charles Scoma, Mayor Patricia Hutson, City Secretary APPR• DASTOFI 'MANDLEG Rex McEntire, City Attorney APPROVED AS TO CONTENT Larry Koonce, Finance Director CITY OF NORTH RICHLAND HILLS Department. Finance Council Meeting Date. 11/8/99 Subject: Authorize Contract for Copy Machine Lease with Southwest Agenda Number PP 99-047 Office Systems The lease agreements on the Xerox copy machines located in Police CID, Public Works/Utility, City Secretary, Central Filing and Environmental Services Departments will expire at the end of November This equipment has been in service for 48 months and has become unreliable because of the number of copies made on each machine. In an effort to save time, Staff reviewed contracts for equipment that is available through the State of Texas Cooperative Purchasing Program. Specifications, machine features and contract amounts were reviewed on Xerox, Oce' and Sharp equipment. Purchasing this equipment through the State cooperative purchasing program satisfies all State competitive bidding laws Members from each department mentioned above reviewed the equipment specifications and visited Southwest Office Systems for a demonstration of the equipment. Each department member is satisfied with the features available on the Sharp equipment and the contract amounts are within their approved budgets. Service response is another key issue. Most companies have a four-hour response time, which means the service technician will arrive within four hours from the time the call was placed. Southwest Office Systems has a two-hour service repair time which means the equipment will be repaired within two hours from the time the call is placed If the equipment cannot be repaired at our location, a loaner machine will be delivered the same day. The monthly payment for the current Xerox equipment is $1,676 The monthly amount for the proposed Sharp equipment on all five machines will be $1,819 This amount includes the monthly payment, the maintenance contract and all supplies except staples for 36 months. The increase in the monthly amount is due to upgrades in equipment required by two departments because of increased usage Each Department has sufficient funds in their accounts to cover the increase. Each machine will be on a separate contract This will make future upgrades easier to accomplish and the City will have greater flexibility at the end of each contract term Southwest Office Systems installed Sharp equipment in several locations last year and all Departments are satisfied with the reliability and the user-friendly features of the equipment Recommendation: To award the contract for the replacement of five copy machines to Southwest Office Systems, Inc , and authorize the City Manager to execute the contract. Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Available Operating Budget // Other CI4.,14), Finance Director C1/4 L4 ti De artyhent Head Signature ity Manager S ture Paso 1 of 1 CITY OF NORTH RICHLAND HILLS Department Police Department Council Meeting Date 11-08-99 Subject Authorize Payment to Motorola for Annual Mobile Data Terminal Agenda Number PAY 99-006 Service Agreement— Resolution No 99-82 The annual Mobile Data Terminal Service Agreement fees are now due in the amount of $42,618 00 The department is repaid a large portion of this amount from income as agreed to in the Interlocal Agreements with other area cities, therefore, limited funds are expended by North Richland Hills from either General Fund or Crime Control District accounts. The fees attached to this contract allow us to operate a multi-jurisdictional Mobile Data Terminal (MDT) system for thirteen (13) entities There are a total of two hundred and thirteen (213) data devices operating on the system at this time Seven of the entities (TCSO, TCSO ATTF, Euless PD, Grapevine PD, South Lake PD, Bedford PD and Colleyville PD) have advised that they will be discontinuing service with the MDT Group as they change over to a different system throughout this next year. A separate service agreement will be done for the seven entities leaving. No up front annual money will be required. Billing will be monthly for services rendered and be reduced as these agencies move off of our system North Richland Hills PD, Haltom City PD, Richland PD, Joshua PD, Roanoke PD, and Hurst PD will remain under the current agreement and annual payments The total amount of the contract is $42,618 00, which covers all radio and microwave infrastructure maintenance costs as well as maintenance costs for the data devices Recommendation Approve Resolution No. 99-82 authorizing payment to Motorola for the annual Mobile Data Terminal Service Agreement fees in the amount of$42,618 00 Finance Review Source of Funds Account Number 115-8011-531 43-67 Bonds (GO/Rev ) Sufficient Funds Available Operating Budget / / /` Other �L.Ct,(LI/C/ )j'\ Budget Director Department Heagg nature / Manager Sigrjatur Page 1 of 1 RESOLUTION NO. 99-82 WHEREAS, the City of North Richland Hills has a continuing service agreement with Motorola to provide service for all Mobile Data Terminals and related; and WHEREAS, the City of North Richland Hills continues to receive a discount if this agreement is paid annually instead of monthly, and WHEREAS, the total annual amount for the period from October 1, 1999 through September 30, 2000 was billed by Motorola in the amount of $42,618.00; on October 1, 1999. WHEREAS, the Police Department is repaid a large portion of this amount from income from the Interlocal Agreement with other area cities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS THAT: The City Manager be, and is hereby, authorized to pay the annual charges by Motorola in the amount of$42,618.00 from the following account: 115-8011-531 43-67 $42,618.00 PASSED BY THE CITY COUNCIL this the 8th day of November 1999 APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS T• C'NTENT. Thomas R. Shockley,' hief of Police APPROVED AS TO FORM AND LEGALITY Rex McEntire, Attorney for the City Motorola Service Agreement Terms and Conditions THIS SERVICE AGREEMENT is entered into by and between Motorola, Inc ("Motorola") and the customer named in this Agreement's Attachments ("Customer"). SECTION 1 DEFINITIONS. "Service Agreement" means this Service Agreement and its Attachments; "Equipment" means, collectively and in part, the communication equipment that is specified in the Attachments or that is subsequently added to this Service Agreement SECTION 2 ACCEPTANCE The terms and conditions set forth in this Service Agreement and in Attachments will become the Service Agreement only when acknowledged and accepted in writing by Motorola's Schaumburg, Illinois Service Department SECTION 3 SERVICE DEFINED A. Motorola agrees to provide services for the Equipment as specified in the Attachments and In accordance with the following standards: (i) Motorola parts or parts of equal quality that are new or are warranted as "like new" will be used; (ii) the Equipment will be Serviced at levels set forth in Motorola's product manuals; and (iii) routine service procedures that are prescribed from time to time by Motorola for its products will be followed. B. All communication equipment purchased by Customer from Motorola ("Additional Equipment")that is part of the same communications system or of similar type as the Equipment covered under this Service Agreement will be automatically added to this Service Agreement and will be billed at the applicable rates after the warranty period has expired Motorola may also provide additional services ("Above-Contract Services") at Customer's request that will be billed at Motorola's then applicable service rates. C All Equipment must be in working order on the Start Date of the Service Agreement or at the time the Equipment is added to the Service Agreement. Customer must provide a complete serial number and model number list either prior to the Start Date or prior to the time that the Equipment is added to the Service Agreement and must indicate in the Attachments any Equipment that is labeled intrinsically safe for use in hazardous environments D Customer must immediately notify Motorola in writing when any Equipment is lost, damaged, or stolen Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. E. If Equipment cannot, in Motorola's opinion, be properly or economically serviced for any reason including excessive wear, unavailability of parts, the state of technology, or the practical feasibility of the scope of Services as specified in the Attachments or Motorola Statement of Work, Motorola may: (1) modify the scope of Services related to such Equipment; (2) remove such Equipment from Service Agreement; or (3) increase the price to Service such Equipment. F. Customer must notify Motorola or Motorola's Subcontractor immediately of any Equipment failure Motorola will respond to Customer's notification in a manner consistent with the level of service purchased as indicated in the Attachments. SECTION 4 EXCLUDED SERVICES A. Service does not include the repair or replacement of Equipment that has become defective or damaged due to physical or chemical misuse or abuse from causes such as lightning, power surges, or liquids. B. Unless specifically included in the Attachments, Service does not include repair or maintenance of any transmission line, antenna, tower or tower lighting, duplexer, combiner, or multicoupler Motorola has no obligation or responsibility for any transmission medium, such as telephone lines, computer networks, or the worldwide web, or for Equipment malfunction caused by such transmission medium. C Unless specifically included in the Attachments, Service of Equipment does not include items that are consumed in the course of normal operation of the Equipment, such as, but not limited to, batteries, magnetic tapes, and computer supplies D Service does not include reprogramming of Equipment; accessories, bell clips, or battery chargers, custom or Special Products; modified units, or software E. Service does not include certification programs, software support, reprogramming, or modifications to Equipment related to assuring the correct processing, providing, or receiving of date data from, into, or between the year 1999 and the year 2000. SECTION 5 RIGHT TO SUBCONTRACT/ASSIGNMENT Motorola may assign its rights and obligations under this Service Agreement and may subcontract any portion of Motorola's performance called for by this Service Agreement. Page I of3 Motorola Service Agreement Terms and Conditions SECTION 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in the Attachments. When Motorola performs service at the Equipment's location, Customer agrees to provide Motorola, at no charge, a non-hazardous environment for work with shelter, heat, light, and power and with full and free access to the Equipment. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing that enable Motorola to perform its obligations under this Service Agreement. Unless otherwise specified in the Attachments, the hours of Service will be hours of 8.30 a.m. to 4'30 p.m., excluding weekends and holidays. SECTION 7 PAYMENT Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice within thirty (30) days of the invoice date to the Motorola office designated by Motorola. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments (except income, profit, and franchise taxes of Motorola) now or hereafter imposed on this Service Agreement by any governmental entity. Motorola does not by this Agreement make any price guarantees except as stated in the Order Form. SECTION 8 WARRANTY Motorola warrants that its Services under this Service Agreement will be free of defects in materials and workmanship for a period of ninety (90) days beyond the expiration or termination of this Agreement. Customer's sole remedies are to require Motorola to re-perform the affected Service or to refund, on a pro-rata basis, the Service fee paid for the affected Service. MOTOROLA DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SECTION 9 CERTIFICATION DISCLAIMER Unless signed by a Motorola authorized signatory, Motorola specifically disclaims all certifications regarding the manner in which Motorola conducts its business or performs its obligations under this Service Agreement. SECTION 10 DEFAULTfTERMINATION A. Customer agrees to provide Motorola wntten notice of any default of this Service Agreement to state the nature of the default. Noncompliance with regulatory laws or disadvantaged business entity requirements may not be cause for default If Motorola does not cure the default within sixty (60) days, Customer may terminate that portion of the Service Agreement that is in default by giving Motorola thirty (30) days prior written notice B. Any dispute will be resolved by mutual agreement. C. Neither party is liable for delays or lack of performance resulting from any causes such as strikes, material shortages, or acts of God that are beyond that party's reasonable control SECTION 11 LIMITATION OF LIABILITY Notwithstanding any other provision, Motorola's total liability for losses, whether for breach of contract, negligence, indemnity, warranty, or strict liability in tort, is limited to the price of twelve months of Services sold. IN NO EVENT WILL MOTOROLA BE LIABLE FOR LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LIQUIDATED DAMAGES, COMMERCIAL LOSS. LOST PROFITS OR SAVINGS, OR OTHER INDIRECT. SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW SECTION 12 EXCLUSIVE TERMS AND CONDITIONS A Customer acknowledges that the Service Agreement supersedes all prior and concurrent agreements and understandings, whether written or oral, related to the services performed. The Service Agreement or Attachments may not be altered, amended, or modified except by a written agreement signed by both parties B. Customer agrees to reference this Service Agreement on all purchase orders issued pursuant to this Service Agreement. Neither party will be bound by any terms contained in Customer's purchase order or elsewhere (even if it is attached to the Service Agreement). In the event of a conflict between the main body of this Service Agreement and any Addenda or Attachments, the main body of this Service Agreement will take precedence, unless the Addendum or Attachment specifically states otherwise. Page 2 of 3 Motorola Service Agreement Terms and Conditions SECTION 13 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission ("FCC ") or any other federal, state, or local government agency and for complying with all rules and regulations required by such agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. SECTION 14 OWNERSHIP OF INTELLECTUAL PROPERTY A This Service Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the products sold or Services performed under this Service Agreement. B. Motorola reserves the right to limit access to its confidential and proprietary information including cost and pricing data SECTION 15 GENERAL TERMS A. If any court renders any portion of this Service Agreement unenforceable, the remaining terms will continue in full force and effect. B. THIS SERVICE AGREEMENT AND THE RIGHTS AND DUTIES OF THE PARTIES WILL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS. C. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. D. Except for money due upon an open account, no action may be brought for any breach of this Service Agreement more than one (1) year after the accrual of such cause of action. E. The Service Agreement will begin on the Start Date specified in the Attachments This Service Agreement will renew, for an additional one year term, on every anniversary of the Start Date unless either party notifies the other of its intention to discontinue the Agreement within thirty days of that anniversary date. F If Motorola provides Service after the termination or expiration of this Agreement, the terms and conditions and any prices in effect at the time of the termination or expiration will apply to that Service. Revision Date 3/98 SELLER- CUSTOMER: MOTOROLA, INC By.2 \/S - By: Name -J Y`e a 4h Name. Thee 1USC . t 41 Title. Date. I ot Date' Page 3 of 3 Motorola Service Agreement Terms and Conditions [ \ 0 el , ( . � � g \ — - , i ! _ |� - } \ ( i : CO = ; # [ \ ) � |,: | ` / ^ [ o , z' - : () | ! _ _ \ 1. k ) ) - § . ° _ - To- o . !.! — O. 75; § - _ - § § RI lil CO LN ■ | _ - : - \ � \ 0 2 a. 12 ii 4i P i— } \ • \ /} \ � } ( � § cc ■ ! _ — 2 ! � / _ ] § LY ° 1 � � � \ § / , \ § ] § "C o w - z , » ! , ; n4 § ` 0 = ;i! | ! ) � w — . t § � ` § | - > ) � \ ( \ ) ,, . _ : _ \ ( |. ! � . � . z w 5 ,Ci ..9 - ! ( ) \ ca n o� � �{ < 1. 3\ S Ili : f ) ; ! 0 < 0 § ) al ) ( . < , re co § < .F z. 0 0 111 Ct! Ca \ \\� \� }\ \ z § \ �C li Z 75 . , j \ \ ( / j \\ ` C. ( j r \ \\ \ \ Motorola Service Aereement Terms and Conditions THIS SERVICE AGREEMENT is entered into by and between Motorola, Inc. ("Motorola") and the customer named in this Agreement's Attachments("Customer). SECTION 1 DEFINITIONS. "Service Agreement"means this Service Agreement and its Attachments; "Equipment" means, collectively and in part, the communication equipment that is specified in the Attachments or that is subsequently added to this Service Agreement. SECTION 2 ACCEPTANCE The terms and conditions set forth in this Service Agreement and in Attachments will become the Service Agreement only when acknowledged and accepted in writing by Motorola's Schaumburg, Illinois Service Department. SECTION 3 SERVICE DEFINED A Motorola agrees to provide services for the Equipment as specified in the Attachments and in accordance with the following standards: (i) Motorola parts or parts of equal quality that are new or are warranted as "like new" will be used; (i) the Equipment will be Serviced at levels set forth in Motorola's product manuals; and (iii) routine service procedures that are prescribed from time to time by Motorola for its products will be followed B. All communication equipment purchased by Customer from Motorola ("Additional Equipment") that is part of the same communications system or of similar type as the Equipment covered under this Service Agreement will be automatically added to this Service Agreement and will be billed at the applicable rates after the warranty period has expired. Motorola may also provide additional services ("Above-Contract Services") at Customer's request that will be billed at Motorola's then applicable service rates. C. All Equipment must be in working order on the Start Date of the Service Agreement or at the time the Equipment is added to the Service Agreement. Customer must provide a complete serial number and model number list either prior to the Start Date or prior to the time that the Equipment is added to the Service Agreement and must indicate in the Attachments any Equipment that is labeled intrinsically safe for use in hazardous environments. D Customer must immediately notify Motorola in writing when any Equipment is lost, damaged, or stolen. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. E. If Equipment cannot, in Motorola's opinion, be properly or economically serviced for any reason including excessive wear, unavailability of parts, the state of technology, or the practical feasibility of the scope of Services as specified in the Attachments or Motorola Statement of Work, Motorola may: (1) modify the scope of Services related to such Equipment; (2) remove such Equipment from Service Agreement; or (3) increase the price to Service such Equipment. F Customer must notify Motorola or Motorola's Subcontractor immediately of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of service purchased as indicated in the Attachments. SECTION 4 EXCLUDED SERVICES A. Service does not include the repair or replacement of Equipment that has become defective or damaged due to physical or chemical misuse or abuse from causes such as lightning, power surges, or liquids. B. Unless specifically included in the Attachments, Service does not include repair or maintenance of any transmission line, antenna, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligation or responsibility for any transmission medium, such as telephone lines, computer networks, or the worldwide web, or for Equipment malfunction caused by such transmission medium. C. Unless specifically included in the Attachments, Service of Equipment does not include items that are consumed in the course of normal operation of the Equipment, such as, but not limited to, batteries, magnetic tapes, and computer supplies. D. Service does not include reprogramming of Equipment; accessories, belt clips, or battery chargers; custom or Special Products, modified units; or software. E. Service does not include certification programs, software support, reprogramming, or modifications to Equipment related to assuring the correct processing, providing, or receiving of date data from, into, or between the year 1999 and the year 2000. Page 1 of 3 Motorola Service Agreement Terms and Conditions SECTION 5 RIGHT TO SUBCONTRACT/ASSIGNMENT Motorola may assign its rights and obligations under this Service Agreement and may subcontract any portion of Motorola's performance called for by this Service Agreement. SECTION 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in the Attachments. When Motorola performs service at the Equipment's location, Customer agrees to provide Motorola, at no charge, a non-hazardous environment for work with shelter, heat, light, and power and with full and free access to the Equipment. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing that enable Motorola to perform its obligations under this Service Agreement. Unless otherwise specified in the Attachments, the hours of Service will be hours of 8:30 a.m to 4:30 p m , excluding weekends and holidays. SECTION 7 PAYMENT Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice within thirty (30) days of the invoice date to the Motorola office designated by Motorola. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments (except income, profit, and franchise taxes of Motorola) now or hereafter imposed on this Service Agreement by any governmental entity. Motorola does not by this Agreement make any price guarantees except as stated in the Order Form. SECTION 8 WARRANTY Motorola warrants that its Services under this Service Agreement will be free of defects in materials and workmanship for a period of ninety (90) days beyond the expiration or termination of this Agreement. Customer's sole remedies are to require Motorola to re-perform the affected Service or to refund, on a pro-rata basis, the Service fee paid for the affected Service. MOTOROLA DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SECTION 9 CERTIFICATION DISCLAIMER Unless signed by a Motorola authorized signatory, Motorola specifically disclaims all certifications regarding the manner in which Motorola conducts its business or performs its obligations under this Service Agreement. SECTION 10 DEFAULT/TERMINATION A. Customer agrees to provide Motorola written notice of any default of this Service Agreement to state the nature of the default. Noncompliance with regulatory laws or disadvantaged business entity requirements may not be cause for default. If Motorola does not cure the default within sixty (60) days, Customer may terminate that portion of the Service Agreement that is in default by giving Motorola thirty (30) days prior written notice. B. Any dispute will be resolved by mutual agreement. C. Neither party is liable for delays or lack of performance resulting from any causes such as strikes, material shortages, or acts of God that are beyond that party's reasonable control. SECTION 11 LIMITATION OF LIABILITY Notwithstanding any other provision, Motorola's total liability for losses, whether for breach of contract, negligence, indemnity, warranty, or strict liability in tort, is limited to the price of twelve months of Services sold. IN NO EVENT WILL MOTOROLA BE LIABLE FOR LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LIQUIDATED DAMAGES, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS. OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. SECTION 12 EXCLUSIVE TERMS AND CONDITIONS A. Customer acknowledges that the Service Agreement supersedes all prior and concurrent agreements and understandings, whether written or oral, related to the services performed. The Service Agreement or Attachments may not be altered, amended, or modified except by a written agreement signed by both parties. B. Customer agrees to reference this Service Agreement on all purchase orders issued pursuant to this Service Agreement. Neither party will be bound by any terms contained in Customer's purchase order or elsewhere (even if it is attached to the Service Agreement). In the event of a conflict between the main body of this Service Agreement and any Addenda or Page 2 of 3 Motorola Service Agreement Terms and Conditions SECTION 13 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission ("FCC ") or any other federal, state, or local government agency and for complying with all rules and regulations required by such agencies Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. SECTION 14 OWNERSHIP OF INTELLECTUAL PROPERTY A. This Service Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the products sold or Services performed under this Service Agreement. B. Motorola reserves the right to limit access to its confidential and proprietary information including cost and pricing data SECTION 15 GENERAL TERMS A. If any court renders any portion of this Service Agreement unenforceable, the remaining terms will continue in full force and effect. B. THIS SERVICE AGREEMENT AND THE RIGHTS AND DUTIES OF THE PARTIES WILL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS. C Failure to exercise any right will not operate as a waiver of that right, power, or privilege D. Except for money due upon an open account, no action may be brought for any breach of this Service Agreement more than one (1) year after the accrual of such cause of action. E The Service Agreement will begin on the Start Date specified in the Attachments This Service Agreement will renew, for an additional one year term, on every anniversary of the Start Date unless either party notifies the other of its intention to discontinue the Agreement within thirty days of that anniversary date F. If Motorola provides Service after the termination or expiration of this Agreement, the terms and conditions and any prices in effect at the time of the termination or expiration will apply to that Service. Revision Date 3/98 SELLER. CUSTOMER MOTOROLA, INC B _ �'_— By: Name:`3S"r•C-5S ••ObS,54--t Name Title:pSS ��J 11j`� Title. Date: 9/I /1 1 7 U Date: Page 3 of 3 Motorola Service Agreement Terms and Conditions 0 . ( - § § ( ( ( _ ? - - — a } | ; _ / 51, Or EL4 21. i 2 ! i : \0 0 [ co : | ) / ) ) \ ; _ _ Z 0 ! \ - C . - ; \ ) E z a 01 0! \ ; § \ - 27 ( �, /_ 0 Z Z _ , / f / / : / \ \ >. - ` LU• § - / ! ! � ! ` : 2 i - e ; < � ) § \ ; / { ( \ \ ; | ) ! ; § - ( z : ; - - ; , § H / Lowcao § 2ixf 0 ` ;• lc/ /\ \( , \ / �� C. / " 2 � .) •- ( , . N , in 0 In co 4 14 ec 41 } }§ @ Co| § 0 \ | RI 2� � � , fl � . C § § | )r }| co Lu , _ < ) ; \ : _ 0 " � 40 ( ) . . . . . . . . . . . . . 2 < - I- \ _ 0 0 — , , ` \ | § ] ! 0 Z ; . , ! ! ! 00 22 . F- 7001- [ j § § § � � ` ` � � " � � ` ) 31 \ 33 CITY OF NORTH RICHLAND HILLS Department Police Department Council Meeting Date 11-08-99 Subject Authorize Payment to Motorola for Radio Maintenance Agreement- Agenda Number PAY 99-007 Resolution No 99-83 The annual maintenance agreement for all Motorola radios and related equipment is now due in the amount of$179,019.18. The City receives a discount if this agreement is paid annually instead of monthly The Department is repaid a large portion of this amount from income from the Interlocal Agreements with other area cities. Currently, there are 2,253 radios and 22 radio consoles covered by this contract along with some additional miscellaneous equipment The Interlocals that were written to accommodate this contract were implemented so as to provide bulk discounting, thereby alleviating some of the costs on a per agency basis There is also an annual discount rate of .026914 that is applied if the contract is paid in an annual, lump sum payment. The contract allows for the repair of our radio equipment, replacement of portable antennas if lost or damaged, replacement batteries for portables and other such items of benefit to the agencies represented. Funding Source: 115-8012-531.43-65 $158,577.83 001-9006-532 34-30 $ 20,441 35 Recommendation Approve Resolution No. 99-83 authorizing payment to Motorola Communications for annual maintenance charges in the amount of $179,019.18 Finance Review 115-8012-531 43-65 & Source of Funds Account Number 001-9006-532 34-30 Bonds (GO/Rev ) Suffic ent Funds Available Operating Budget — / Other k#fit-LCIA Budget Director Department Head;nature , / 'City Manager Signature Page 1 of 1 RESOLUTION NO. 99-83 WHEREAS, the City of North Richland Hills has a continuing maintenance agreement with Motorola to provide service for all radios and related Motorola equipment; and WHEREAS, the City of North Richland Hills continues to receive a discount if this agreement is paid annually instead of monthly; and WHEREAS, the total annual amount for the period from October 1, 1999 through September 30, 2000 was billed by Motorola in the amount of $179,019 18; on October 1, 1999. WHEREAS, the Police Department is repaid a large portion of this amount from income from the Interlocal Agreement with other area cities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS THAT: The City Manager be, and is hereby, authorized to pay the annual charges by Motorola in the amount of$179,019.18 from the following accounts: 001-8012-531 43-65 $158,577.83 001-9006-532.34-30 $ 20,441.35 PASSED BY THE CITY COUNCIL this the 8th day of November 1999. APPROVED: Charles Scoma, Mayor ATTEST. Patricia Hutson, City Secretary APPROVED AS TO CONTENT: Thomas Shockley, ief of Police APPROVED AS TO FORM AND LEGALITY Rex McEntire, Attorney for the City Motorola Service Aereement Terms and Conditions THIS SERVICE AGREEMENT is entered into by and between Motorola, Inc. ("Motorola") and the customer named in this Agreement's Attachments("Customer'). SECTION 1 DEFINITIONS. "Service Agreement" means this Service Agreement and its Attachments; "Equipment" means, collectively and in part, the communication equipment that is specified in the Attachments or that is subsequently added to this Service Agreement. SECTION 2 ACCEPTANCE The terms and conditions set forth in this Service Agreement and in Attachments will become the Service Agreement only when acknowledged and accepted in writing by Motorola's Schaumburg, Illinois Service Department. SECTION 3 SERVICE DEFINED A. Motorola agrees to provide services for the Equipment as specified in the Attachments and in accordance with the following standards: (i) Motorola parts or parts of equal quality that are new or are warranted as"like new" will be used; (ii) the Equipment will be Serviced at levels set forth in Motorola's product manuals; and (iii) routine service procedures that are prescribed from time to time by Motorola for its products will be followed. B. All communication equipment purchased by Customer from Motorola ("Additional Equipment') that is part of the same communications system or of similar type as the Equipment covered under this Service Agreement will be automatically added to this Service Agreement and will be billed at the applicable rates after the warranty period has expired. Motorola may also provide additional services ("Above-Contract Services') at Customer's request that will be billed at Motorola's then applicable service rates. C. All Equipment must be in working order on the Start Date of the Service Agreement or at the time the Equipment is added to the Service Agreement. Customer must provide a complete serial number and model number list either prior to the Start Date or prior to the time that the Equipment is added to the Service Agreement and must indicate in the Attachments any Equipment that is labeled intrinsically safe for use in hazardous environments. D. Customer must immediately notify Motorola in writing when any Equipment is lost, damaged, or stolen. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. E. If Equipment cannot, in Motorola's opinion, be properly or economically serviced for any reason including excessive wear, unavailability of parts, the state of technology,or the practical feasibility of the scope of Services as specified in the Attachments or Motorola Statement of Work, Motorola may: (1) modify the scope of Services related to such Equipment; (2) remove such Equipment from Service Agreement; or (3) increase the price to Service such Equipment. F. Customer must notify Motorola or Motorola's Subcontractor immediately of any Equipment failure. Motorola will respond to Customers notification in a manner consistent with the level of service purchased as indicated in the Attachments. SECTION 4 EXCLUDED SERVICES A. Service does not include the repair or replacement of Equipment that has become defective or damaged due to physical or chemical misuse or abuse from causes such as lightning, power surges, or liquids. B. Unless specifically included in the Attachments, Service does not include repair or maintenance of any transmission line, antenna, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligation or responsibility for any transmission medium, such as telephone lines, computer networks, or the worldwide web, or for Equipment malfunction caused by such transmission medium C. Unless specifically included in the Attachments, Service of Equipment does not include items that are consumed in the course of normal operation of the Equipment, such as, but not limited to, batteries, magnetic tapes, and computer supplies. D. Service does not include reprogramming of Equipment; accessories, belt clips, or battery chargers; custom or Special Products: modified units; or software. E Service does not include certification programs, software support, reprogramming, or modifications to Equipment related to assuring the correct processing, providing, or receiving of date data from, into, or between the year 1999 and the year 2000. Page 1 of 3 Motorola Service Agreement Terms and Conditions SECTION 5 RIGHT TO SUBCONTRACT/ASSIGNMENT Motorola may assign its rights and obligations under this Service Agreement and may subcontract any portion of Motorola's performance called for by this Service Agreement. SECTION 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in the Attachments. When Motorola performs service at the Equipment's location, Customer agrees to provide Motorola, at no charge, a non-hazardous environment for work with shelter, heat, light, and power and with full and free access to the Equipment. Customer will provide all Information pertaining to the hardware and software elements of any system with which the Equipment is interfacing that enable Motorola to perform its obligations under this Service Agreement. Unless otherwise specified in the Attachments, the hours of Service will be hours of 8:30 a.m.to 4:30 p.m., excluding weekends and holidays. SECTION 7 PAYMENT Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice within thirty (30) days of the invoice date to the Motorola office designated by Motorola. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments (except income, profit, and franchise taxes of Motorola) now or hereafter imposed on this Service Agreement by any governmental entity. Motorola does not by this Agreement make any price guarantees except as stated in the Order Form. SECTION 8 WARRANTY Motorola warrants that its Services under this Service Agreement will be free of defects in materials and workmanship for a period of ninety (90) days beyond the expiration or termination of this Agreement. Customers sole remedies are to require Motorola to re-perform the affected Service or to refund, on a pro-rata basis, the Service fee paid for the affected Service. MOTOROLA DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SECTION 9 CERTIFICATION DISCLAIMER Unless signed by a Motorola authorized signatory, Motorola specifically disclaims all certifications regarding the manner in which Motorola conducts its business or performs its obligations under this Service Agreement. SECTION 10 DEFAULT/TERMINATION A. Customer agrees to provide Motorola written notice of any default of this Service Agreement to state the nature of the default. Noncompliance with regulatory laws or disadvantaged business entity requirements may not be cause for default. If Motorola does not cure the default within sixty (60) days, Customer may terminate that portion of the Service Agreement that is in default by giving Motorola thirty (30) days pnor written notice. B Any dispute will be resolved by mutual agreement. C. Neither party is liable for delays or lack of performance resulting from any causes such as strikes, material shortages, or acts of God that are beyond that party's reasonable control. SECTION 11 LIMITATION OF LIABILITY Notwithstanding any other provision, Motorola's total liability for losses, whether for breach of contract, negligence, indemnity, warranty, or strict liability in tort, is limited to the price of twelve months of Services sold. IN NO EVENT WILL MOTOROLA BE LIABLE FOR LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LIQUIDATED DAMAGES, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. SECTION 12 EXCLUSIVE TERMS AND CONDITIONS A. Customer acknowledges that the Service Agreement supersedes all prior and concurrent agreements and understandings, whether written or oral, related to the services performed. The Service Agreement or Attachments may not be altered, amended, or modified except by a written agreement signed by both parties. B. Customer agrees to reference this Service Agreement on all purchase orders issued pursuant to this Service Agreement. Neither party will be bound by any terms contained in Customer's purchase order or elsewhere (even if it is attached to the Service Agreement). In the event of a conflict between the main body of this Service Agreement and any Addenda or Page 2 of 3 Motorola Service Agreement Terms and Conditions Attachments, the main body of this Service Agreement will take precedence, unless the Addendum or Attachment specifically states otherwise. SECTION 13 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authonzations required by the Federal Communications Commission ("FCC ") or any other federal, state, or local government agency and for complying with all rules and regulations required by such agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. SECTION 14 OWNERSHIP OF INTELLECTUAL PROPERTY A. This Service Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the products sold or Services performed under this Service Agreement. B. Motorola reserves the right to limit access to its confidential and proprietary information including cost and pricing data. SECTION 15 GENERAL TERMS A. If any court renders any portion of this Service Agreement unenforceable, the remaining terms will continue in full force and effect. B. THIS SERVICE AGREEMENT AND THE RIGHTS AND DUTIES OF THE PARTIES WILL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS. C. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. D. Except for money due upon an open account, no action may be brought for any breach of this Service Agreement more than one (1) year after the accrual of such cause of action. E. The Service Agreement will begin on the Start Date specified in the Attachments. This Service Agreement will renew, for an additional one year term, on every anniversary of the Start Date unless either party notifies the other of its intention to discontinue the Agreement within thirty days of that anniversary date. F. If Motorola provides Service after the termination or expiration of this Agreement, the terms and conditions and any prices in effect at the time of the termination or expiration will apply to that Service. Revision Date 3/98 SELLER: CUSTOMER. MOTOROLA, INC. By: �' > 1�cs By: Name: i" Arc5Sc . 1\35 S • Name: Title Stnt�� \`r" Title: Date: °\, \V`� Date: Page 3 of 3 Motorola Service Agreement Terms and Conditions I . { ) { ( - } j } ~ M' ` ^ 0 2 - ,. # \ ! - _GI o :_ � ° 0 ® a- © _ ) . L (, - ` CO§ ) CO \ § } ) & |i 0 \ \ ) ` � ! § � \ CC / \n. ■ § CO 11 25 1 0 . o 9- ` � & )� } \ � ! ƒ :tn I. = 4, 0 co \ � / gin : ; 7 ! \ X - a - : T \ cc o ! _ - § , ;:5 ` ! r ; ) � � ` - . . | § § - ` j / \ Z | " 0 ` L en re G ! § a = r\ ; § LU ] ] ! ! ;_ W ; e - . . ( ( ) \ i j3 ' 3 < § j z \ \ 2 \ X !is ! / i— ; _ ce , 0 , - . ) $ ; ri . Al _ § ^ -ry - £ . ` - - \ 0■ > AA RI | \ \ A \ ; : \| : 1 be. r La ! 0 7 ! { , . . ;1 . . % i ! ! 0 al ol _ §; • • r _ la 04 4 52 : � � } \t cu � N- : _ \ \ § i - /}\ k ) ) [| / :# ) : \ ! -§ - / I at j \) / \ � \ \\ ^\\ j , ] II ]In CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Department Council Meeting Date 11/08/99 Subject: Public Hearing to Consider the Request of KRR Villas of Agenda Number. PZ 99-28 Bear Creek, LP for an Amendment to Ordinance No. 2345, a Planned Development For Senior Independent Living, that would allow the Construction of Detached Garages Covering 51 Parking Spaces on Lot 1, Block 1, Villas on Bear Creek Addition. — Ordinance No. 2426 Rick Simmons has submitted a request to amend Planned Development Number 31, Ordinance 2345 that allowed a 240 unit deed restricted independent living facility for elderly persons 55 years of age and over. Several conditions of approval include: A 6 foot masonry screening wall along the common property line of the Ember Oaks Addition extending to the boundary of the Little Bear Creek Corridor. • Minimum unit size shall be no less than 880 square feet for one bedroom/one bath and 984 square feet for two-bedroom/two bath. • There shall be 380 parking spaces and 136 of those shall be covered. • Landscaping in accordance with the Landscaping Regulations. The applicant is requesting to amend the number of covered parking spaces from 156 to 136 with 85 covered by carports and 51 covered by garages. The total number of 380 spaces will not change, with the number of uncovered spaces rising from the approved 224 to 244. The site plan attached indicates the location of the proposed garages with squares. The garage spaces are mostly in front of Buildings 1 and 2 and at the rear of Building 1 The proposed carports are just outside the front door of buildings 2,3, 4, and 5. See the attached exterior building elevation of the proposed garages and the side view at how they will appear from Davis Boulevard Staff has some concerns about having garages back up to Davis Boulevard, a major thoroughfare. The applicant has kept the structures as close to the building entrances as possible and as far away from Ember Oaks as possible. The applicant still proposes to install a 6 foot high wrought iron fence with 7 foot high columns within the 25 foot front yard setback along Davis Boulevard. Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Available Operating Budget Other Finance Director 6ACI:44pa ent d Signature Manager Signa L\Cases\PZ Cases\PZ 99-2&41 votbc amended planned development doc Page 1 of 2 CITY OF NORTH RICHLAND HILLS RECOMMENDATION: The Planning & Zoning Commission considered this request at their public hearing on October 14, 1999. The Commission recommended approval by a vote of 7-0 provided a tree be planted every 15 feet to directly screen the rear of the proposed garages backing up to Davis Boulevard. These trees are to be planted in front of the 6 foot wrought iron fence, with the exception of the locations where existing post oak trees are located as shown on the site plan. To approve Ordinance No. 2426 and PZ 99-28, as recommended by the Planning & Zoning Commission. CITY COUNCIL ACTION ITEM \\NRH CITY HALL2\VOLT\DATA\PZ\Cases\PL,,asemrc e7-ao-4 I value anrcnuuu plenneu ueve,apment doe Page 2 oft -___ _____L YI2CH LINE PZ 99-28 �" lt3 Amended Planned Development 1/ O-1 L t 310 8009 Davis Boulevard 200 pit` IL l-7-MF R-7-MF - 1169 ` - 1169 .......:::.:::::::.:n. 1219 m 0 ,.................0.,.............0.,.........0.,v,,v,.....„.............,w," / a T�1" ..-i:::; *:iii::'':• Mr 113 c LO 3 u f ii' uA U T 1316 z L M i N „ts 3 ,3880 r sn 2 s , 6- .,o ° I2 1193 A R-3 ii m OPgS_ o ;t ..e eo- 3 --7----- I "WAIN mw" 1403:1 ° A BURS Y RD mum 0 t :, 0 a mwv : 1 C1 "2 :. W 1193 CO CD 0 111 1111 N R-2 > 2007 i CO °w mv. ) spt ,„ l el . („ 11 04 a' 3 Aces am. 11016 NLU c1. ' `e° ..I‘l 1442 CQ�'l'F.OEsI,�CRES ICI , e—� C-1 --1 12 a " TILXI Tit,* •"'M a R3 / GARY Duo—R.2 - _ v / i i's z / ._— I t I ,.0 ---11 i / �-17 _fetl WOODS LN 16 e • 117 r--.,, v v — [ , 1 , I nomxe.1s16us+ PA66 oRi .• Tf,,T.,i n env: - as omns" II Jon f, 10•pn i...e"v NORTH I MATCH LINE 5 001 : :erlw.TOP..ml. . u.s ria.mi r: 4l eae..n 11QILAND 3, 1 y 11. 1999 ND-L9 I. 64-444 Page: C3 DRAFT 7. PZ 99-28 PUBLIC HEARING TO CONSIDER THE REQUEST OF KRR VILLAS OF BEAR CREEK, LP, FOR AN AMENDMENT TO ORDINANCE NO. 2345, A PLANNED DEVELOPMENT FOR SENIOR INDEPENDENT LIVING, THAT WOULD ALLOW THE CONSTRUCTION OF 55 DETACHED GARAGES ON LOT 1, BLOCK 1, VILLAS ON BEAR CREEK ADDITION. THIS PROPERTY IS LOCATED AT 8009 DAVIS BOULEVARD. APPROVED Rick Simmons has submitted a request to amend Planned Development Number 31, Ordinance 2345 that allowed a 240 unit deed restricted independent living facility for elderly persons 55 years of age and over. Several conditions of approval include: A 6 foot masonry screening wall along the common property line of the Ember Oaks Addition extending to the boundary of the Little Bear Creek Corridor. Minimum unit size shall be no less than 880 square feet for one bedroom/one bath and 984 square feet for two bedroom/two bath There shall be 380 parking spaces and 156 of those shall be covered. Landscaping in accordance with the Landscaping Regulations. The applicant is requesting to amend the number of covered parking spaces from 156 to 140 with 85 covered by carports and 55 covered by garages. The total number of 380 spaces will not change, with the number of uncovered spaces rising from the approved 224 to 240. The site plan attached indicates the location of the proposed garages with squares. The garage spaces are mostly in front of Buildings 1 and 2 and at the rear of Building 1. The proposed carports are just outside the front door of buildings 2,3, 4, and 5. See the attached exterior building elevation of the proposed garages and the side view at how they will appear from Davis Boulevard. Staff has some concerns about having garages back up to Davis Boulevard, a major thoroughfare See the attached cross sections The applicant has kept the structures as close to the building entrances as possible and as far away from Ember Oaks as possible. Staff recommends approval of the revised number of covered parking to be reduced from 156 to 140 as shown on the site plan, explaining that the Commission may want to require additional landscaping in the front to better shield the rear of the proposed garages. Page 5 10/14/99 P 8 Z Minutes DRAFT Chairman Bowen opened the public hearing and asked the applicant to come forward. Mr. Rick Simmons presented his request, explaining that today's market actually dictates garages for this type facility. He stated he is more than willing to add additional landscaping between the proposed garages and Davis Blvd. He stated that currently trees are proposed every 30' along Davis Blvd; he is willing to go every 15' in front of the proposed garages. Seeing no additional proponents and no opponents, the public hearing was closed. Mr. Lueck, seconded by Mr. Nehring, moved to Approve PZ 99-2B, provided trees are placed every 15' to directly screen the rear of the proposed garages backing up to Davis Boulevard. These trees are to be planted in front of the 6 foot wrought iron fence, with the exception of the locations where existing post oak trees are located as shown on the site plan. The motion carried unanimously. Page 6 10/14199 P 8 Z Minutes ORDINANCE NO. AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NUMBER 1874, THE ZONING ORDINANCE, AS AMENDED, TO AMEND ORDINANCE 2345, THE PLANNED DEVELOPMENT DISTRICT NUMBER 31, VILLAS OF BEAR CREEK; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has reviewed a rezoning request on a tract of land identified in Case Number PZ 99-28; and WHEREAS, the developer has indicated an interest in establishing the proposed development as a planned development district under the guidelines of the North Richland Hills Zoning Regulations; and WHEREAS, after appropriate notice and public hearing, the Planning and Zoning Commission of the City of North Richland Hills has forwarded a recommendation to the City Council for amendment of Ordinance No. 1874, as amended, by amending an established Planned Development District Number 31 and by changing said Zoning Ordinance as set forth herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: 1. THAT, in Case Number PZ 99-28, the following described property of Lot 1, Block 1, Villas of Bear Creek and addressed as 8009 Davis Boulevard, to amend Planned Development Number 31 by establishing revised parking development regulations of Ordinance 2345 with specific development regulations 2. That the purpose of this Planned Development District Number 31 is to still provide for a 240 unit independent living facility for elderly persons as required by Ordinance 2345 constructed in accordance with the revised site plan and building elevations attached as Exhibits to this Ordinance. 3. That development regulations contained in Ordinance 1874, as amended, and specifically the R7-Multi-family residential zoning district regulations which are not in conflict with the terms of the Planned Development District Number 31, Ordinance 2345 shall govern development of this property except as follows' Ordinance No Page 1 of 3 1. Parking. There shall be 380 parking spaces, 140 of these shall be covered, the remaining 240 shall be surface. 4. That, all provisions of Ordinance No 1874, the Zoning Regulations of the City of North Richland Hills, as amended, which are not in conflict with the terms of this amended Planned Development Number 31,shall remain applicable on said property, and the provisions of the R-7-MF District shall apply to this property to guide development, except where amended herein. 5. All Exhibits attached to this Ordinance shall govern development of the property legally described above. 6. That, the Zoning Map of the City of North Richland Hills be amended to reflect this planned development district and that the Comprehensive Land Use Plan be amended to reflect high density residential at this location 7. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section 8. SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 9. EFFECTIVE DATE. This ordinance shall be in full force from and after its passage. Ordinance No Page 2 of 3 APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 14TH DAY OF OCTOBER 1999. Chairman, Planning and Zoning Commission Secretary, Planning and Zoning Commission PASSED AND APPROVED BY THE CITY COUNCIL THIS 8th DAY OF NOVEMBER 1999. Charles Scoma, Mayor City of North Richland Hills, Tarrant County, Texas ATTEST: City Secretary City of North Richland Hills, Texas APPROVED AS TO CONTENT Department Head APPROVED AS TO FORM AND LEGALITY: Attorney for the City Ordinance No Page 3 of 3 N iti i 730 ofE LO Richland Hills A APPLICATION FORA 7301 NE Loop820 PLANNED DEVELOPMENT DISTRICT North Richland Hills,Texas (Pleue print or ype all respebe.) 817-581-5500 PART 1. APPLICANT INFORMATION h of applicant/agent. The KRR Villas on Sear Creek, L.P. I Street address of applicant/agent 2400 N. Highway 121, Suite 107 'CAT/ State/Ito Code of applicant/agent- Telephone number of applicant/agent Euless, Texas 76039 (817) 215-8100 PART 2. PROPERTY OWNER INFORMATION Name of property owner The KRR Villas on Bear Creek, L.P. Street address of property owner 2400 N. Highway 121, Suite 107 City/ State/Zip Code of properly owner Telephone number of properly owner Euless, Texas 76039 (all) 215-8100 Vote Attach letter or affidavit from properly owner if different from applicant/agent N'A PART 1. DESCRIPTION OF REQUEST Jurrent zoning classification- Proposed use of the property PD (Planned Development) PD (Planned Development) gated active seniors apartment homes. Jescnbe the nature of the proposed activity and any particular charactensbcs related to the use of the property: This planned development was approved as a gated active seniors apartment-home community. purpose of this PD Amendment is a request for revising some of the parking areas to add 55 detached garages. Note: The total number of parking spaces required is 380 spaces (as approved with the original planned development) . The total number of parking spaces provided is 380 spaces , ( 240 uncovered spaces , 55 garage spaces and 85 covered spaces ) . rte plan attached which conforms with the requirements included in this packet Affidavit attached from properly owner if applicant is not owner � Yes No Revised dimension control plan and garage and car port plans Yes �'� N0 and elevations I hereby certify Nat lam, or represent, the legal owner of the property descnbed above and do hereby submit this request for approval of a Planned Development Distnct to the Planning and Zoning Commission for consideration. Date. September 23, 1999 �/�/�. Pnnt Name Richard E. Simmons Signature r PART 4. FOR OFFICE USE ONLY ate of Planning&Zoning Commission Public Heanng. Taxes Paid' Case Number Yes No PZ 99-a1 ate of City Council Public Hearing' Liens Paid, Fee: 7 Yes I No $300.00 'armed Development Approved' Assessments Paid, Yes [ I No Yes No onditions of Approval This application will not be scheduled for public hearing until the application fee is received. PLANNED DEVELOPMENT CD -415(2/96) Alt 'Iansions l HOMES INC September 24, 1999 City of Nonh Richland Hills 7301 NE. Loop 320 North Richland Hills.Tens 76180 RE: Villas on Bear Creek. 3901 Davis Blvd., NRH. TX To Whom It May Concern. The addition of no garages on the abase referenced property is proposed due to our past experience on other similar properdes that have proven this specific group of renter wants garages and in the event the market rate units do not want them, other renters do. The additional improvements ro the property are coming straight out of the Owners' pockets and are a non-budgeted item. It is wise investment to the property and will increase the quality. desirability and perception of our development. I believe it meets the Zoning Ordinance, with respect to the City of NKR's requirement of"30% covered parking spaces'. Please advise if you require further information. Sincerely. f e Richard E. b I mons President RES/kl 2400 N Hw: 1 .1 7107 Eufras. It "6039 PG Bnv 3105 ' Grapes Inc. Texas '6090 S1 i 21 '-3100 • Pli RSV -) ]19-3110 • CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Department Council Meeting Date: 11/08/99 Subject: Public Hearing to Consider the Request of David Carter Agenda Number: PS 99-15 for a Replat to be known as Lots B3R1 & B3R2, Block B, Hewitt Estates Addition. This Property is Located in the 7600 Block of Hightower Drive and Hewitt Street. David Carter is proposing to replat 2.4181 acres, which is a portion of Block B, into two lots. This property was rezoned (PZ 99-13) on June 14, 1999, from AG (Agricultural) and R2 (Single Family) to R1 (Single Family) and R-1-S (Special Single Family). Because this is a replat of residential property, a public hearing is necessary. Lot B3R1, fronting on Hightower Drive, is zoned R1 Single Family. This lot contains 32,670 square feet. The minimum lot size is 13,000 square feet and the minimum dwelling size is 2,300 square feet. Lot B3R2, fronting on Hewitt Street, is zoned R-1-S Special Single Family. This lot contains 1 6681 acres. The minimum lot size is one acre and the minimum dwelling size is 2,300 square feet. The proposed plat is in conformance with the Subdivision Regulations with the exception of fire hydrant coverage. Plans show that Lot B3R1 will be entirely covered, but more than half of Lot B3R2, including a portion of the existing residence, does not have fire hydrant coverage Staff recommends the property owner sign a hold harmless agreement concerning fire protection from the City. The hold harmless agreement will cover all of Lot B3R2. RECOMMENDATION: The Planning and Zoning Commission at their public hearing on October 14, 1999, recommended approval of PS 99-15 a replat to be known as Lots B3R1 & B3R2, Block B Hewitt Estates by a vote of 7 to 0. To approve PS 99-15 as recommended by the Planning and Zoning Commission and with a hold harmless agreement for fire protection. Finance Review Source of Funds. Account Number Bonds (GO/Rev ) Sufficient Funds Available Operating Budget 1/ Other �a� 64 Finance Director Derartm �ignature �'J ity Manager Sign re L.\Cases\PS Cases PS 99-15-41-David Carter Replat doc - - - T Y-1-S r R��..r. ew ENTwoODV CTS 13 /R• il Z1t2�. AGI a •••,flit, R- ' S [ BRinawono DR - __ - a Hightower Drive ^v+ I.osL s pry __ a \ 44 2 TURNER ST 8 &RIAk CT 0 - E 40 7 t b ♦ n O 7h—• 6-- 3 0 Y AG iI 1361 o o ., 13tr1 AG i -----1- ° • N 3 • m e �4 , 2 c b • .. g 0 "[ ,Wc e t0 c u I —anasuTs•3S D II. PN a �-1r 1I e I a - —u - n Sit1et 3 R-2 x. RANN. BMY A`- I cT P E5 PS 99-13 c,� .. �G.b - t. Residential Replat •a •17"•_ •° I I J 14 ° W - 7500 Block Hightower Drive areas. — N w u , , 2ll. - - 'M/1•�Ml�TN FORTY 2 R...E-$ , , , +. - ySEll � 1 n iii 209; R-1- 2 NORTII FORTY RD �� 1361 R 1 v I A G + v 2 �, • I a.$ L•+I li© ..0 [-1-5 I R-1 1517 , _ , , - _-(•, `M0%;∎ _-- _ m R-3-1800 —R-3. • _/ � ` ME 0 R-1-5 O „A —Rc2—< 2447 o°B"m 24—AR 1S- C 1330 -- - -'- --- i ' Rg2o1500 lz I_ -- , AG 3 " _- tn, I: " m,A PS b , v . . . . bb r? y - • ▪ C /ye JAMIE LN -SOW E RENEE LN ' 2, 208- "4225505.24‘ < e/1 51 R SEAN OR R- 1 ! MISERLY CT 1 eg�• � 2, 4 , .. _ u u b b " x v 2' 27 a a .. '15R 3 -6 n wESTCIIfF O F v 9R- 2j3R 7 5 . 3 . , " nn :� „Al n� a n�:. :, m � 1+R s s . __pN1J(FM Tv FSA fL _ S y. NORTH RICHLAND HILLS DRAFT 4. PS 99-15 PUBLIC HEARING TO CONSIDER REQUET OF DAVID CARTER FOR A REPLAT TO BE KNOWN AS LOTS B3R1 & B3R2, BLOCK B, HEWITT ESTATES. THIS PROPERTY IS LOCATED IN THE 7600 BLOCK OF HIGHTOWER DRIVE. APPROVED Ms Ratcliff explained the applicant is proposing to replat 2.4181 acres, which is a portion of Block B into two lots. The property was rezoned (PZ99-13) from Agricultural and R2 Single Family to R1 Single Family and R-1-S Special Single Family District on June 14, 1999. Lot B3R1, fronting on Hightower Drive, is zoned R1 Single Family. This lot contains 32,670 square feet. The minimum lot size is 13,000 square feet and the minimum dwelling size is 2,300 square feet. Lot B3R2, fronting on Hewitt Street, is zoned R-1-S Special Single Family. This lot contains 1.6681 acres. The minimum lot size is one acre and the minimum dwelling size is 2,300 square feet. She stated that the proposed plat is in conformance with the Subdivision Ordinance regulations and that Staff recommends approval of PS 99-15, a Replat to be known as Lots B3R1 & B3R2, Block B, Hewitt Estates Addition. Chairman Bowen opened the public hearing. Seeing no proponents and no opponents the hearing was closed Mr. Miller stated that lot B3R2, including a portion of the existing house, is not contained within the 500 feet radial distance of a fire hydrant. Mr. Lueck, seconded by Mr. Nehring, moved to approve PS 99-15. The motion carried unanimously. Page 2 10/14/99 P&Z Minutes GCLst 9—B-97 --CITY OF NORTH RICHLAND HILLS �'r -?�9 Public Works August 25, 1999 MEMO TO: Planning and Zoning Commission FROM: Julia W. Skare, P.E. Staff Engineer SUBJECT: PS99-15; HEWITT ESTATES ADDITION; Block B, Lots B3R1 & B3R2, Final (Replat) Plat We have reviewed the subject documents submitted to this office on August 10, 1999. The following items are for your consideration. 1. DRAINAGE ANALYSIS Public Works is not opposed to a site specific Engineered-grading plan in lieu of a drainage study. There is a significant quantity of runoff from the east draining to this lot 2. FIRE HYDRANT The Design Manual contains criteria for necessary fire hydrant coverage. Plans have been provided indicating an additional fire hydrant on Hightower Drive. This fire hydrant will cover the entire Lot B3R1. Over half of Lot 83R2, including a portion of the existing house, is not contained within 500 feet radial distance of a fire hydrant. 3. SIGNATURES The appropriate signatures need to be added to the Owner's Acknowledgment and Dedication on the mylar of the Final Plat. In addition, the surveyor's seal and signature needs to be added to the mylar of the Final Plat. 4. SIDEWALKS Subdivision Regulations require sidewalks adjacent to all public streets The sidewalks will need to be included with the construction plans for • coordination purposes It is important to have the sidewalks shown on the street plans so that the utilities will not be constructed to interfere with the future sidewalk This comment was previously made and has not been addressed. 5. STREET LIGHTING Street Lighting is required by Section 1-06 of the Design Manual. The locations of any existing streetlights need to be shown on the topographical drawing to confirm compliance with current ordinances. Any additional streetlights that may be required based on current ordinances need to be coordinated with Public Works and TU Electric. The developer will pay the cost for installation of any additional streetlights directly to TU Electric. This comment was previously made and has not been addressed. P.O. Box 820609•North Richland Hills, Texas •76182-0609 7301 Northeast Loop 820•817-581-5521 •FAX 817-656-7503 FHewitt Estates Addition Block B, Lots B3R1 & B3R2 August 25, 1999 Page 2 6. ENGINEERS CERTIFICATION An Engineers Certification (such as the one included in the Subdivision Ordinance) needs to be included with the drainage calculation sheet in the construction plans. There are a few comments regarding the engineering and construction plans. These comments are recorded on a set of blueline construction plans. These plans are available for the Engineer. The grading plan will need to be submitted and approved by Public Works prior to a building permit being issued on the lot. The comments contained herein do not purport to relinquish the design engineer of their responsibility to provide adequate, accurate and buildable construction plans. The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. The marked-up blue lines need to be returned with the next submittal. Jul' W. Skare P. Staff Engineer J W S/krb/pwm99178 cc Gregory W. Dickens, P. E., Public Works Director Kevin 8 Miller, P.E., Assistant Public Works Director Marcy Ratcliff, Planning Director HOLD HARMLESS AGREEMENT STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT The undersigned elects not to provide additional water main and fire hydrant to cover the entire property currently known as , and to be known as Addition, Block_, Lot The Owners hold the City harmless for any damage or harm to person or property which may be caused or contributed to the inaccessibility of his property to fire, emergency and police equipment. The Owners hereby execute this Hold Harmless Agreement that will run with the land described above and shall obligate the land and all successors and assigns of the Owners and shall inure to the benefit of the City Executed this the day of , 1998. Owner: STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on this the day of , 1998 by Notary Public, State of Texas Commission Expires Notary's Printed Name. PW73HARM AGR Owner: STATE OF TEXAS I COUNTY OF TARRANT This instrument was acknowledged before me on this the day of , 1998 by Notary Public, State of Texas Commission Expires Notary's Printed Name CITY OF NORTH RICHLAND HILLS: By: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALLY: Rex McEntire, Attorney for the City PW73HARM AGR City of North Richland Hills. N it.H APPLICATION FOR A 7301 NE Loop 820 REP LAT North Richland Hills,TX rs.aSeP^rv0Wr!wa esl 817.581-5515 Proposed Subdwmon Name LETS 8%A /uD 5381 aLtc_.k F3 ) }-1 Ew 1TT aST'nTES Q\ )\ (� Current legal Descnptwn /1 Q3)" Po n c.-J Ci" B Lsc:.L' 43 , 4-)tus 1TT tcSt Its ) r 1r s-r F 1 1_106 c /_) U JO1- 388-0l PG.311 ) p, Name and Address of Current Properly Owner ($(7 ors pAu.o Ar-10 S4 DaA Cp2TE2- Phone No -1-101 “ItX-dE wc�y C--r- No2rN 2lcl+La l-FILLS (PA "161BO I - !7(n ' 431 -Lace 1 Name and Address of Previous Owner (II purchased dung past M.N.months) Sti & h: A%Ouc Name and Address of Developer Phone No Name and Address of Engineer Phone No Type of Do elopmenl Being Proposed Fir SF Residential ] MF Residential Other n Duplex Resrdenlral 'Commercial/Industrial Replat Application Fee Calculation 1 Application fee 512000 2 Number f residential lots®31 50 per lot 3 Number of non-residential acres®5500 per acre 4 Number of street intersection sons B 365 00 each 5 (aunty plat recording fee Total lee I hereby canny that I am,or represent the legal owner of Me property described above and do hereby submit This Replat to the Planning and Zoning Commission for consideration (Attach affidavit watt all properly owner's names when more than one owner involved d/'7 18/ ¢9 /7 Dale 9 �� //a Applicant's Phone No D Your name(Printed Nome) / /vq V; d \ Ar<_Tf'2 signature L/_� ./`� dS Note:Please complete and submit the 'Replat Document Submittal Checklist"on the reverse side of this form. 'p5 c q 4 ' 6 REPLAT CD-403(5-94) CITY OF NORTH RICHLAND HILLS Department. Planning & Inspections Department Council Meeting Date: 11/08/99 Subject Request of Anthony K Veal for a Final Plat of Lot 2, Block Agenda Number: PS 99-27 5, Hewitt Estates Addition. This Property is Located at 6810 Meadow Road. Staff is bringing this plat forward for consideration with the approval of the owners of the property, Anthony Veal. This property is at the northeast corner of Meadow Road and Buck Street. A 2,551 square foot house already exists on the property and was constructed in accordance with the City Building Codes in 1996. The developer at that time, Ms. Jean Cloke, was attempting to plat and/or replat a large portion of the undeveloped Hewitt Estates. This house was allowed to be built prior to any plat being approved. The engineer working for Ms. Cloke committed to completing the work necessary to plat this lot if Ms. Cloke were not able to follow through on her overall development. Ms Cloke halted the development when she learned of the cost of offsite drainage improvements. Staff is assisting to get the platting of this lot through the process begun by Ms. Cloke. All the items outlined in the City's review of this plat have been addressed by the Surveyor. RECOMMENDATION: The Planning and Zoning Commission at their meeting on October 14, 1999, recommended approval of PS 99-27 by a vote of 7 to 0, with the condition that, prior to going to Council, the front building line be revised to show 25 feet. The condition has been met To approve PS 99-27, a Final Plat to be known as Lot 2, Block 5, Hewitt Estates Addition, as recommended by the Planning & Zoning Commission. Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Available Operating Budget Other :1141 Finance Director De •nature (((222ity Manager Srgnat�re L\Cases\PS Cases\PS 99-2741-greg dickens hewitt estates doc Page 1 of 1 �1 �- � Il ,° . a , - ° Is 1 e3 a° a0--0° ° nmp 5 R-1 5 nu° R '°„ wENT WOOD CT 282 - - AG RRIARWOnD DR 2 b x , • .R I p4'I ° ,°� 99 I e m 1 - — TURNER ST s e PS 99-27 • ° Final Plat x D I we 6810 Meadow Road 2 . ° NA y R <NFJM W IlS �p0 . ° ° ., O i -Fio ,tpt° p —_ 1163 1521 ' w r_ 3- - • __ 6 ° 5 n 5 3 , R-1 x 1 ' ° I'TI ' R12 1 I 0 -2 - O 'NNW" RR3S7iiiiiiir 1,▪ - - q-- e__ 5 AG NSW 'X ' �G.e '2 � , 93P16w I I I ° 043 I 11 Was R-.2 I ,°, � .. u .w .. x i �x ZVO 7 E 4 I e ,-, NerQTH FORTY RD 20Y3 1 s ' r I 1 -1-$ 6NORTH FORTY RD 1361 ° I 1 i a I AG R 1 -k I• ° mEa , '°'AG- e 4 COME• `- ---- 1517 ) R.,-1 \ 0 M6 2 i . pFN �.. i. ._,t ;__J 651 R•3-1800 't oe�a ° W EP - <-_- 71147 Q.1 2 M - - - - --Rf2 z 13E2 6 �.• 41 R-1.6 — _ AVER cT — 1330 - 1 • I , ' I a R-ku 15001 , I 1 AC �c5,.� rl x I : I :.fh� 59 e^r r6 l e IMF ° e y I Jr '�-- • cl y 1 551" m " 1° ' °1e F1Th3 �1 I4II� (CT m JAMIE RENEE RENEE IN I ° 3 LAM QENEE IN R-3 ,'' _ I 1 I I 1 —_. ° m . I •i I� 5:4113113 e °15 _ � 5 /• i, z 2 3 . ,° ,OI J� 4-C iRQNICE[¢ 414 a v n +, a , 1nS SEAN '1n out n -150 MBFRLY C1T m `,R7 51-C a0 u WESTfI �- ggII 6 I1 ' E , I 3I1 ' mlm mlm'I., 2315R I _ /' y'I n 9 29 __ - - 2 r �14R : 1_62 3R• . a I ° r 'al4 :::4546R4: f - TLSESA ft _�� u .- -_ - - - - NORTH RICHLAND HD IS DRAFT 5. PS 99-27 CONSIDER REQUEST FOR A FINAL PLAT TO BE KNOWN AS LOT 2, BLOCK 5, HEWITT ESTATES ADDITION. THIS PROPERTY IS LOCATED IN THE 6800 BLOCK OF MEADOW ROAD. APPROVED Mr. Greg Dickens, Director of Public Works, presented this request explaining that staff was bringing this plat forward for consideration with the approval of the property owners. This property is located at the northeast corner of Meadow Road and Buck Street, with a 2551 square foot home already existing on the property. The original developer was Jean Cloke, and after realizing the cost of offsite drainage improvements, halted development. Mr. Dickens stated that staff does request the front building line be changed to 25' from 21', as shown on the plat, since the house already encroaches it. Staff recommends approval of PS 99-27. Mr. Nehring, seconded by Mr. Welch, moved to approve PS 99-27, allowing a 25' building line. The motion carried unanimously. Page 3 10/14/99 P&2 Minutes 1 1 CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Department Council Meeting Date 11/08/99 Subject Request of Michael Clark for an Amended Plat of Lots Agenda Number PS 99-30 5R1 & 7R1, Block 4, Brentwood Estates Addition. This Property is Located in the southwest corner of Davis Boulevard and North Tarrant Parkway in the 8300 Block of Davis Boulevard Michael Clark of Bury + Pittman has submitted an amendment to the amended replat of Lots 5R and 7R, Block 4, Brentwood Estates that was approved by City Council on May 10, 1999 (PS 99-10) The purpose of the amendment is to change the size of the two lots and to move property lines. The old lot lines are shown on the plat as dashed lines. The property is zoned C-1 Commercial and is in compliance with the Comprehensive Land Use Plan. Lot 5R1 fronting on Davis Boulevard is proposed to contain 37,009 square feet The current approved lot contains 32,986 square feet. Lot 7R1 fronting on North Tarrant Parkway is proposed to contain 41,499 square feet. The current approved lot contains 45,523 square feet. The proposed plat is in compliance with the Subdivision Regulations with the exception of a need to revise the title block to call it an amended final plat and not a replat. The remaining comments noted by Public Works concern engineering and construction plans and are not associated with the plat. RECOMMENDATION: The Planning and Zoning Commission at their meeting on October 14, 1999, recommended approval of PS 99-30 an Amended final Plat of Lot 5R1 and 7R1, Block 4, Brentwood Estates by a vote of 7 to 0. To approve PS 99-30 as recommended by the Planning and Zoning Commission. rinance neview Source of Funds Account Number Bonds ing(GO/Rev Budget Sufficient Funds Avanaoie Operating Budget Ot -r Finance Director Dead Signature Via Manager Signal' \\NRH CITY HALL2\VOL1\DATA\PZ\Cases\PS Cases\PS 99-3041-L5R1 &7R1 B4 Brentwood dcc Page 1 of 1 ( MATCH LINE - SEE Grid 90-452 Page D1 ) PS 99-30 . II„ "-1 .1-?gR„ZT� (ID Amended Plat (\ "! "6 3 ' Brentwood Estates Addition . 9 - n\�.∎� }a--`t" ra= ,;c;c< 1= ^ T4irtitw000 AG 44.14 ^`'' . � CRLIK CT A A I - 1222 - 1 ql _ it .,.. ,S L 7 ,r.. C l sOLIHMOOR 1625 O CT I r CADDO CT 'A I N V .\I ,VI• �� .., 9 < ASHLEY CT AMHURST CT J N G1 1198 NORTH T= R-2 1222 NORTH �PRRi ' T PKWY \';C�'�\` a\ "2313 \ `• R 2• ;2313• O c-1 - x.., 1664 Q TAG i cn9-R10W AriO-R --- ,,,,o, \1\1 \\ \ \,��,\` ` ----n - i 2-1 N 7 n —F O — r AG .m N04N091OCF R-I — -• -_ n R _ U C. 1200 . ".,.. a 13110 II NJ>A42 '-'c- Tx ORNMRGR(L—C NORTH a ixv. Cir I �1 ` �/ 1 L I I � 0.1CIlLANO ( LATCH LINE - SEE Cr id 90-444 Page. 03 ) ADOPTED, March 22, 1993 CURRENT THROL DRAFT 6. PS 99-30 CONSIDER REQUET OF BURY PITTMAN FOR AN AMENDED PLAT TO BE KNOWN AS LOTS 5R1 & 7R1, BLOCK 4, BRENTWOOD ESTATES ADDITION. THIS PROPERTY IS LOCATED AT 8451 DAVIS BLVD & 8850 NORTH TARRANT PARKWAY. Ms. Ratcliff explained that the applicant has submitted an amendment to the amended replat of Lots 5R and 7R, Block 4, Brentwood Estates that was approved by City Council on May 10, 1999 (PS 99-10). The purpose of the amendment is to change the size of the two lots and to move property lines. The old lot lines are shown on the plat as dashed lines. The property is zoned C-1 Commercial and is in compliance with the Land Use Assumptions Map. Lot 5R1 fronting on Davis Boulevard is proposed to contain 37,009 square feet. The current approved lot contains 32,986 square feet. Lot 7R1 fronting on North Tarrant Parkway is proposed to contain 41,499 square feet. The current approved lot contains 45,523 square feet The proposed plat is in compliance with the Subdivision Regulations with the exception of a need to revise the title block to call it an amended final plat and not a replat. The remaining comments noted by Public Works concern engineering and construction plans and are not associated with the plat. Staff recommends approval of PS 99-30, an Amended Final Plat of Lots 5R1 and 7R1, Block 4, Brentwood Estates. Mr. Blue, seconded by Mr. Welch, moved to approve PS 99-30, provided the title block is revised as stated. The motion carried unanimously. Page 4 10/14/99 P B Z Mmutes CITY OF NORTH RICHLAND HILLS Public Works September 28, 1999 MEMO TO Planning and Zoning Commission FROM: Julia W Skare, P.E , Staff Engineer SUBJECT: PS99-30; BRENTWOOD ESTATES ADDITION, Block 4, Lots 5R1 & 7R1; Final (Replat) Plat We have reviewed the subject documents submitted by fax to this office on September 27, 1999. The following items are for your consideration 1. DRAINAGE Lots 5R1 and 7R1 are proposed to drain to the storm system currently under construction. These improvements will need to be final accepted by Public Works prior to approval of Lots 5R1 or 7R1 2 UTILITY EASEMENTS Utility easements have been dedicated as needed by Public Works. Water and sanitary sewer services are proposed to be tapped from the mains currently under construction. These improvements will need to be final accepted by Public Works prior to approval of Lots 5R1 or 7R1. 3 DRAINAGE EASEMENTS Drainage easements have been dedicated as needed by Public Works. 4 DRIVEWAY SPACING Driveway spacing is permitted only as approved with the previous plat 5. SIGNATURES The appropriate signatures need to be added to the Owner's Acknowledgment and Dedication on the Final Plat In addition, the surveyor's seal and signature needs to be added to the mylar of the Final Plat. 6. SIDEWALKS City Ordinance requires sidewalks adjacent to all public streets The sidewalks have been added to the construction plans for coordination purposes 7 STREET LIGHTING Street Lighting is required by Section 1-06 of the Design Manual. The locations of any existing streetlights need to be shown on the topographical drawing to confirm compliance with current ordinances Any additional streetlights, which may be required, based on current ordinances needs to be coordinated with Public Works and TU Electric. The developer will pay the cost for installation of any additional streetlights directly to TU Electric PC Box 820609 •North Pchland Hills Texas '6162-0609 7301 Northeast Locp 320 - 217-561-5521 FAX 317-656-7533 Brentwood Estates Addition; Block 4, Lots 5R1 & 7R1, Final (Replat) Plat September 28, 1999 Page 2 of 2 1 8. ENGINEERS CERTIFICATION An Engineers Certification (such as the one included in the Subdivision Ordinance) needs to be included with the drainage calculation sheet in the construction plans. 9. DETAILS The appropriate details for services will need to be included in the - construction plans. Note that the details included in the Design Manual do not contain any logos other than that of the City of North Richland Hills. It is therefore recommended that the details be used in their entirety The intention of this letter is to comment on items of significant importance to the general concept There are a few comments recorded on a set of blueline construction plans that were previously returned to the Engineer. The comments contained herein do not purport to relinquish the design engineer of their responsibility to provide adequate, accurate and buildable construction plans The City's eventual approval of the construction plans will not signify acceptance of responsibility by the City of North Richland Hills for the engineering in the bid documents. The marked-up blue lines need to be returned with the next submittal of the construction plans CCA JW krb/pwm99211 /�C cc Gregory W. Dickens, P E., Public Works Director Kevin B Miller, P.E., Assistant Public Works Director Marcy Ratcliff, Planning Director Bury+PittmaT1 Run .Pittman-DIM. o, 5510 IlaneiT Hill Read Suite IIMI WW1.. r9b. ]iJ AI Tel IC 901-1Mlll 972 991-9 rh ■ 0 o bun luulnellu mill Via Courier September 29, 1999 Ms. Julia Skare, P.E. Public Works Department City of North Richland Hills 7301 NE Loop 820 North Richland Hills, Texas 76180 Re: Tarrant Parkway Plaza Lots 5R1 and 7R1, Block 4, Brentwood Estates Addition Project No. 30030-17 Dear Julia: The following is a list of your review comments and our responses per your comment letter dated September 24, 1999. Meets and Bounds: Comment: A call is missing in the description. This will need to be revised and the closure verified prior to the Plat being placed on the P&Z agenda for consideration. Response: The owners certification has been revised and a traverse report provided, so the closure can be verified. Drainage: Comment: Lots 5R1 and 7R1 are proposed to drain to the storm system currently under construction. These improvements will need to be final accepted by Public Works prior to approval of Lots 5R1 or 7R1. Response: Comment acknowledged. ), sa 1119mm Bury+Pittman Ms. Julia Skare, P.E. September 29, 1999 Page 2 Utility Easements: Comment: Utility easements have been dedicated as needed by Public Works. Water and sanitary sewer service are proposed to be tapped from the mains currently under construction. These improvements will need to be final accepted by Public Works prior to approval of Lots 5R1 and 7R1. Response: Comment acknowledged. Drainage Easements: Comment: Drainage easements have been dedicated as needed by Public Works. Response: The required drainage easements were provided on the final plat for the overall development. Driveway Spacing: Comment: Driveway spacing is permitted only as approved with the previous plat. Response: No additional driveways are requested with the development of Lots 5R1 and 7R1. Signatures: Comment: The appropriate signatures need to be added to the owner's acknowledgement and dedication on the final plat. In addition, the surveyor's seal and signature needs to be added to the mylar of the final plat. Response: Comment acknowledged. Bury+Pittman Ms. Julia Skare, P.E. September 29, 1999 Page 3 Sidewalks: Comment: City Ordinance requires sidewalks adjacent to all public streets. The sidewalks have been added to the construction plans for coordination purposes. Response: A four foot (4') sidewalk will be provided adjacent to public right-of- way as each lot develops. Street Lighting: Comment: Sweet lighting is required by Section 1-06 of the Design Manual. The locations of any existing streetlights need to be shown on the topographical drawing to confirm compliance with current ordinances. Any additional streetlights, which may be required, based on current ordinances needs to be coordinated with Public Works and TU Electric. The developer will pay the cost for installation of any additional streetlights directly to TU Electric. Response: Comment acknowledged. Engineers Certification: Comment: An Engineers Certification (such as the one included in the Subdivision Ordinance) needs to be included with the drainage calculation sheet in the construction plans. Response: The Engineer Certification has been added to the drainage plan and will be resubmitted for approval after the plat is filed. Details: Comment: The appropriate details for services will need to be included in the construction plans. Note that the details included in the Design Manual do not contain any logos other than that of the City of North Richland Hills. It is therefore recommended that the details be used in their entirety. Response: Comment acknowledged. Bury-Pittman Ms. Julia Skare, P.E. September 29, 1999 Page 4 Thank you for your assistance. Please call me if you have any questions or comments. Sincerely, Bryan M. Burger BMB/Ib cc. John Roark, Regency Realty, via fax Bertha Ballew, Regency Realty, via fax Oswaldo Cajas, T. L. Callaway Architects, via fax F:3030-I7\Admm\CmmtLtr.dac City of North Richland fit 7:A1 N P Loop 820 Application for Subdivision Plat Approval N +� �H North Richland Rills.TX 76180 817-581.5515 Ii4ue mil al nww.A Application Type: Preliminary Rat _i Feral Plat X Replat _Short Form I ;Amended Plat Property Owner Information: Name of Properly Owner PRT Development Corporation Phone No.214) 696-9500 Address of ProperyOwner. 8140 Walnut Hill Lane, Suite 400 City Dallas, _ State. TX Zip- 75231 Proposed Subdivision Name: Replat of Brentwood Estates, Lot 5R & 7R, Block 4 No.of Acres in Plat: 1.80 No of Lots in Plat: 2 o Authorized Agent Information: "Nate: An affidavit signed by the property owner is required when the agent is not the property owner" Michael L. Clark, P.E. Name of Authorized Agent: Bury + Pittman-DFW, Inc. Phone No (972) 991-0011 Address 5310 Harvest Hill Rd. , Suite 100 City Deltas, State TX Zip' 75230 urveyor/Engineer Information: ame of Firm: Bury + Pittman-DFW, Inc. Phone Na (972) 991-0011 Address 5310 Harvest Hill Rd. , Suite 100 City Dallas, State TX Zip 75230 Contact Person: Michael L. Clark, P.E. Plat Fee Calculation: - ] ry�' All Prebmmary Plats All Re0lats,Short Form Hats,and Feral Plats Al!Amended Flats \J�-17E.,7-3-3- Jtl J i..,f9 a Apphcalon Fee $12000 a Aspiration Fee 512000 a Application Fee (nftn6jp b SI 50 oer residential lot b SI 50 per residential lot b Counyplat filing fee 558 5, �C�� or 5500 per commernal acre or 9500 per commeroal acre $10.00 Total Fee 35800�G/TfCpf-la.r Total Fee c $65 00 for each street intersection �`-'"— d County plat lung tee 558 00' 'Additional filing fees may be applicable Total Fee 51B8 00 for oversize or ema documents Time Waiver Request:(optional) The applicant is aware that action on this plat may not lake place for more man cony/30)days and waives all lime requirements for approvaal^ol the plat Signature `'j--1"-- _ I seedy marl am or represent the owner of The propertydescribed above and hereby submit This subdnision plat to The Cy of No Rolland Hills km consideration „re -51/99 Your name ipnnted Name) Michael L. Clark, P.E. S,gnafure _ 1\V Subdivision Plat Application .1-_-_ 9 f`‘ ,30 CD-418(1 -98) CITY OF NORTH RICHLAND HILLS Department Planning & Inspections Department Council Meeting Date 11/08/99 Subject Request of Huggins Honda for a Variance to the Minimum Agenda Number LRC 99-07 Required Landscaping Requirements on Lots 5R1 & 27R1, Block 4, Richland Terrace Addition. This Property is Located at 7651 NE Loop 820 and 4701 Nancy Lane CASE SUMMARY Huggins Honda has submitted a request for variances to Landscape Ordinance No 2423 on two lots, which are the remaining portions left after right-of-way for the widening of Loop 820 was obtained. Huggins Honda desires to use the two lots for non-required accessory off-street parking lot See the attached application and reasons listed by the applicant for granting the variances. The proposed parking lot will contain 22 parking spaces with a one-way driving lane The entrance to the parking lot is from an existing driveway on Susan Lee Lane. The exit to the parking lot is from an existing driveway on the frontage road of N.E. Loop 820 The applicant has submitted the variance request in conjunction with a Site Plan Review Application. The application is schedule to go before the Planning and Zoning Commission on November 11, 1999 and City Council on November 22, 1999. The site plan approval will be contingent upon variances being approved. The requested variances are numerous due to the size and triangular shape of the lot. The lots contain a total of 9,163 SF. The applicant has tried to meet the spirit of the Landscape Ordinance with what remaining property is left after developing a parking lot meeting the requirements of the Zoning Ordinance. The applicant is providing all of the landscaping on the west side at or near the entrance on Susan Lee Lane. If the applicant were to provide the required 15% landscaping, a minimum of 1,374 square feet would need to be devoted to feature landscaping. The applicant additionally will be required to provide a 15 foot landscape buffer along the northern and southern property line Providing these required landscape areas would eliminate a useable parking lot or any other use allowed RECOMMENDATION: To approve the attached list of variances requested in LRC 99-07 with one condition. The condition being that the existing wooden fence along the northern property line be totally replaced with another wooden fence. Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Avanaoie Operating Budget er // k Finance Director Debartmi nt Heal %ignature J6.44y Manager Signature \\NRH CITY HALL2\VOLt\DATA\PZ\Cases\Landscape Review Committee\LRC 99-07-40 Huggins Honda doc Page 1 of 2 CITY OF NORTH RICHLAND HILLS LRC 99-07 Requested Variances Landscape Ordinance No. 2423 Section 1.F Landscape Area Percentage — not less than 15% (1375 SF.) Request to provide 8% (736 SF.) Section 1.G. Landscape Setback — Minimum 15 feet along the frontage Road of N E Loop 820. Request to provide at the most a 6 foot landscape setback to 0'. All parking spaces to encroach into the setback. Section 1.G 1. Landscape Setback Required Trees. 5 trees are required. Requesting to plant 1 tree. Section 1.G.2. Landscape Setback Required Trees. 43 shrubs are required. Requesting to plant 18 shrubs. Section 1.1.2. Landscaping of Parking. 1 large tree for every 20 parking spaces. Require 2, requesting to provide 1. Section 1 13. Parking Entrance Island Require 2. Requesting to provide 1. Section 1 1 6 Parking lot landscape area. Required 5%. Requesting to provide none. Section 2 C.2 Buffer Requirements adjacent to SF. Required 6' minimum masonry screening wall and trees every 30 linear ft and 40% evergreen. Request to use existing 6' wooden fence with no trees or buffer. Section 2.6 2 15' Buffer Yard Adjacent to SF. Request to provide 0' buffer yard. CITY COUNCIL ACTION ITEM ∎\NRH CITY HALL2\VOL1\OATA\PZ\Cases\Lanubudpe nevnew L.mmnmeen-m,ee-u,-'w nuyynn Honda doe Page 2 of 2 x . OW CT a o LRC 99-07 „ 13, a n n'n HGt LANDSCAPE VARIANCE REQUEST HUGGINS HONDA 42 2 � _ DE CIR e ILL i'41' " 20 : I 1 �5. ma as Ell. I, T IANETTA DR e * ' I ♦♦ '' .I C.2 oApO _ -.-- k— __ I - M s IeaoNSI C2 v5_ ]HILLER R 46- D "19- _ 18 u ? _ - �_- - -'— O " — I, _ - _ o w — - m _ - -- D � ® - 15 m — -�--. , I{1- -� 3_ o _- -- z -r - --- z __ _r : - - r �"`°' -I 20 12 , .1 .I I - v „K - 'a c-2 7 ot U w1E_ o 0F - - -- - _ I .. R-74M DD I 10_ _ -- , -- _ - 12l- o - - CV;- m 1 a In " I 1 1 z f __ D1. m 1 n " L-- P 61• HWOOD DR 3 f'?- ,I, I _ I , X29, — �' 8 - CLENIS LN ,. � ." - a wI1B ii - - � '° 10A 1 _ _ r- ".,s L - C-2 --._ _ — — 1999 ._ C-2 2050 C 1 .a i1L;I_� " I 1 2011 ® 1 00°1 11D" m 9 R X1243 A �°�/ A, 42CR ,y�y.>o I q C-2 G F �TF•ps • : h% ° 9° ., c-1 < - RY, P � �GRtis v OPGE 820 z � vim- 1 , C-2 6GF- I,,,.•^° SOI 116 fl - A 'J ' A C 1 -_-,i c0011 A 6119 e - 6 ce 1 -_ - - - - - - - - ---1a-2 tom" NORTH _ RICHLAND HILLS Ft=^f LANDSCAPE REVIEW BOARD APPLICATION City of North Richland Hills 7301 NE Loop 820 (Please punt or type all responses) North Richland Hills,TX 817 581-5500 PART 1. APPLICANT INFORMATION Name of applicant ta.Cr&i NIS AoN.1F} Street address of applicant 755/ N. E. loo/0 8020 Cdy/StateZ/p Code of applican t Telephone number of applicant. £t 7 y 8 S -O 30 O V N £cA/1QNJ ,/41/$, rx 76110 FAx number dapplicant 917 4/95- 5T13 Are you the owner of the Are you the owner's agent? NOTE If you are riot the owner of the property,you must attach CO property, a letter from the property owner giving you pennasion to submit Yes No Yes n No this application PART 2. SUBJECT PROPERTY INFORMATION ISubject Property Legal Descnpbon V.t'5R Block A.-D Ja t 027 At 8/ock V tA%-J Taws_ Subject Property Street Address 7451 /v.e. •pco 8d0 4N0 970' ,1 -' 7 Lni PART 3. REQUEST TYPE ,1 Interpretation Request ✓ Landscape Variance Request Nonconforming Use Current zoning classification Note:A map or plot plan of the property and drawings of the proposed n construction must be submitted with this application. The applicants or their Krepresentatives must be present at their scheduled public hearing. hereby certify that I am,or that I represent,the legal owner of the property described above and do hereby submit this request for a variance for consideration by the Landscape Board Renew Date 10— AC- et% �J Pant Name /�/V 711,66• �� _ _ Signature At_ /1 PART 4. FOR OFFICE USE ONLY Date of Review Board Public Heanng Taxes, Liens and Assessments Paid, Case Number Yes No Vanance Approved Date of Ftnal Action Fees 3175 DD Yes No Condrhons of Approval This request will not be scheduled for hearing until the application fee is paid 4 K Mary LLANDSCAPINGtLandscape Applcabon doc 05/99 PART 5. DESCRIPTION OF REQUEST: LIST THE PERTINENT SECTION(S) OF THE LANDSCAPE REGULATIONS AND INDICATE THE SPECIFIC INTERPRETATION(S), VARIANCE(S), OR NONCONFORMING USE EXCEPTION(S) BEING REQUESTED. Section 1.F Landscape Area Percentage— not less than 15% (1375 sf ) Request to provide 8% (736 SF ) Section 1 G Landscape Setback — minimum 15 feet. Request to provide at the most a 6 foot landscape setback to 0'. All parking spaces to encroach into the setback. Section 1.G.1. Landscape Setback Required Trees. 5 trees are required. Requesting to plant 1 tree. Section 1.G.2. Landscape Setback Required Trees 43 shrubs are required Requesting to plant 18 shrubs. Section 1.1.2 Landscaping of Parking. 1 large tree for every 20 parking spaces. Require 2, requesting to provide 1. Section 1.1.3. Parking Entrance Island. Require 2. Requesting to provide 1. Section 1.16 Parking lot landscape area. Required 5%. Requesting to provide none Section 2.C.2 Buffer Requirements adjacent to SF. Required 6' minimum masonry screening wall and trees every 30 linear ft and 40% evergreen Request to use existing 6' wooden fence with no trees or buffer Section 2.B.2. 15' Buffer Yard Adjacent to SF. Request to provide 0' buffer yard STATE THE GROUNDS FOR THE REQUEST AND DETAIL ANY SPECIAL CONDITIONS THAT CAUSE HARDSHIPS THAT IN YOUR OPINION JUSTIFY THE VARIANCES OR EXCEPTIONS BEING REQUESTED. EXPLAIN ANY UNIQUE CIRCUMSTANCES, IF APPLICABLE, NOT CONSIDERED BY THE LANDSCAPING REGULATIONS. The subject property is triangular in shape. It contains 9,163 s.f. and is the remnants of two lots from the widening of Loop 820. Currently, there is existing concrete and asphalt paving on the property. The property is currently not in use The request for variances is to allow the property to have non-required accessory parking. The variances are numerous but the property cannot met all the landscaping regulations due to the shape and size. We have attempted to meet the spirit of the ordinance with those areas available for landscaping. The eastern side of the property is screened to the North with existing mature trees on the adjacent single family lot. The Western side of the property is developed with a SF residence and is owned by the applicant and screening is not an issue. CITY OF NORTH RICHLAND HILLS Department Administration Council Meeting Date 11/08/99 Subject Appoint a Committee Member to the North Richland Hills Agenda Number GN 99-126 Census 2000 Complete Count Committee for the Special Housing Position On September 27. 1999 the Mayor and City Council created a Complete Count Committee in support of the Decennial Census At the same meeting, the City Council appointed a chairman of the committee as well as members to the following sub-committees government, education, religious, media, community organizations, business, recruiting and special housing. The Complete Count Committee had its first meeting on October 26, 1999 at 7 00 PM Prior to the meeting, Mr Art Galletly, who was appointed as the special housing committee member, declined his appointment. As a result, the special housing position is vacant. This category of the Complete Count Committee will be an important one given the retirement, assisted living and apartment communities within our City As such, it is important to fill this vacancy to insure that all citizens of North Richland Hills are counted in the upcoming Census At this time, the individuals suggested for nomination to this committee are: Mary Campbell, Community Relations Director, Morning Star Retirement Residence Ms Campbell has been contacted and is interested in serving on this committee Recommendation That the City Council appoint a committee member to the North Richland Hills Census 2000 Complete Count Committee for the special housing position Finance Review Source of Funds Account Number AccountNumber Bonds (GO/Rev.) — Sufficient Funds Available Operating Budget Other Finance Director • 4 dim _�j Gam— 6 _ t� 4 44-ilt Aga Depart nt Head Signature ✓ City Manager-igndure • CITY OF NORTH RICHLAND HILLS Department Finance Council Meeting Date- 11/8/99 Subject Election of Tarrant Appraisal District Board of Directors Agenda Number GN 99-127 Resolution No. 99-89 - Nominations for candidates to serve as directors of the five member Tarrant Appraisal District have been received from the voting tax entities. The City of North Richland Hills has been allocated 45 votes which may be cast collectively or separately for any nominee or nominees. A complete list of nominees listed on the official ballot is as follows 1. Mike Davis 2 James R. Dennis 3 Robert Hatfield 4. Don Pierson 5. Joe Potthoff 6. Charles Rogers 7. Tommy Vaughn Mike Davis, nominated by Grapevine/Colleyville I.S D and Northeast Tarrant County Consortium of Cities; Joe Potthoff, nominated by the City of Arlington; Charles Rogers, nominated by the City of Fort Worth; and Tommy Vaughn, nominated by Arlington I S.D are the incumbent members of the Board of Directors James R. Dennis is the nominee from Fort Worth I.S.D. replacing incumbent Gene Myers who elected not to run again. Don Pierson was nominated by Tarrant County. Robert Hatfield was nominated by Grapevine/Colleyville I.S D His wife is on the G.C.I.S.D. Board. Resumes for Dennis and Pierson are attached. A resume for Hatfield was not available. In October 1999, the City Council nominated Mike Davis for the nominee from the consortium of cities of which North Richland Hills is a part. Recommendation: To approve Resolution 99-89 casting votes for Mike Davis Finance Review Source of Funds Account Number Bonds (GO/Rev ) Sufficient Funds Avauaoie Operating Budget Other Ll,L) Finance Director mfg-1,r.� / 4r1°1—C-- - 1// (tic%vl,Cvl Depart ment Head Signature J ity Manager Signaturk RESOLUTION NO. 99-89 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. This City casts its 45 votes for Mike Davis for Director of Tarrant Appraisal District: PASSED AND APPROVED this 8th day of November 1999 APPROVED Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, City Attorney OFFICIAL BALLOT ELECTION OF MEMBERS OF THE BOARD OF THE TARRANT APPRAISAL DISTRICT We, the governing body of City of N. Richland Hills having been advised by the Chief Appraiser of Tarrant Appraisal District that we are entitled to cast 45 votes collectively or separately for the following nominees for the Board of Tarrant Appraisal District- Mike Davis James R. Dennis Robert Hatfield Don Pearson Joe Potthoff Charles Rogers Tommy Vaughn do hereby resolve and order that City of N. Richland Hills cast and does hereby cast its votes as follows. votes for votes for votes for votes for votes for Passed this day of , 1999 Presiding Officer Al lEST Secretary or Clerk, City of North Richland Hills IMPORTANT. This ballot should be returned by November 15, 1999 to John R. Marshall, Chief Appraiser, Tarrant Appraisal District, 2500 Handley-Ederville Rd., Fort Worth,Texas, 76118 (11)1'-zf-ea W L) Ul :LS rn MlIN OFFICE MX Nu. 81 ( tib4 1lLL r, ue DONALD R. PIERSON II ATTORNEY AT LAW 201 MAIN STREET,SUITE 580 FORT WORTH, TEXAS 76102 TELEPHONE(817)877-1550 TELECOPIER(817)877-8943 October 27, 1999 BOARD CERTFED-TAX LAW Kr NUMBER ESTATE PLANNING S PRORATE LAW TEXAS BOARD OF URAL SFECIALQATRIN CERTIFIED PUBLIC ACCOUNTANT Mr. G KMaenius Tarrant County, Texas Dear Mr. Maenius: In regard to your request for background information on me, I find that my computer records were not fully Y21(compliant my curriculum vitae and biographical information was lost when my computer crashed a few months ago. By way of substitute, I offer the following: Born: 11/9/52 Graduate: Paschal High School, 1970 Texas Christian University, BRA, 1974 Texas Christian University, MBA, 1975 University of Houston,JD, 1978 Southern Methodist University, LLM (taxation), 1987 Professional Achievement and activities: Certified Public Accountant Texas, 1979 Board Certified,Tax Law, Texas Board of Legal Specialization Board Certified, Estate Planning and Probate Law, Texas Board of Legal Specialization Committee Chairman, Fort Worth Chapter of CPAs Published Articles: Steps a Practitioner can Take to facilitate the Planning and Probate of a Decedent's Estate, Estate Planning Magazine, 1985 Revised Examiner's Handbook Estate Planning Magazine, 1987 Community Involvement: Past President, Rotary Club of Fort Worth Past President, TCU Frog Club Past Treasurer and Board Member, Women's Haven of Fort Worth I hope this is helpful. if you have any further questions, please advise. Sincerely, Donald A Piers C:\Ay DSWti\DATAWatop CTVD\q MMus JAMES R. DENNIS 5805 Whitman Avenue Fort Worth,TX 76133 Phone: (817)292-3702 Personal Born in Jacksboro, Texas on December 30, 1923. Married to Carlene Malmstrom Dennis, retired principal of Mary Louise Phillips Elementary School. Education • Graduate of Jacksboro High School in 1940. • Graduate of Texas A&M in 1947 with a B.S. in Agriculture. • Twenty-one hours toward M.S. degree. Military/Em tlovment 1943-1946 Served WWII, Army Field Artillery. Discharged June 1946 with Silver Star and Purple Heart medal;, ETO Victory and Occupation Ribbons . June 1946 ('.,ma/Publisher:Jacksboro Gazette-News- Sold the newspaper in 1970. 1947-1967 Texas National Guard, June 1967 retired as Major. 1961-62 Active duty one year with 49th Armored Division, Fort Polk, Louisiana. 1970-77 Sold insurance part-time for mutual funds and operated:mall diallmark store. 1976-1995 Worked part-time as a substitute teacher with the Fort Worth ISD. Community Services • Organized Netional Guard Battery m 11 47. Battery Commander 2"time when called to active dui!. • As Chairman.initiated a bond issue to build Jack County Hospital in June of 1954. It opened in 1 L'o57 (now"Faith Hospital") Worked on bond issues and publicized support of Jacksboro Lake in 1948 (two times), in 1947 the elementary school, in 1953 the miillle school and in 1963 the high school, etc. Had major interest in highway and farm roads in Jack County and sought four lanes to Fort North and Wichita Falls • Our family started restoration of Fort Richardson in Jacksboro. • 1949-50 while publisher of✓aokbora (%azetre-Nees served as president of Jacksboro Chamber of Commerce. • Currently a volunteer for Citizens On Patrol, usher at Bass Hall, have property in Jack County and travel as much as possible. Have continued interest in schools, rebuilding Jacksboro I-I hway in Northwest Tarrant County, Southwest Parkway, Highway 121 and city. CITY OF NORTH RICHLAND HILLS Department: Economic Development Council Meeting Date. 11/08/99 Subject' Approval of Tax Increment Reinvestment Zone NO 2 Agenda Number' _ GN 99-128 Bylaws On November 1, the Board of Directors for Reinvestment Zone Number 2, City of North Richland Hills, held their first meeting—and adopted the attached Bylaws. The proposed Bylaws set up the purpose and powers-of the Zone and its Board, as well as establish the processes for appointing officers, as stipulated by State law. Likewise, the Bylaws confirm the appointment of North Richland Hills' City Manager as the Tax Increment Reinvestment Zone (TIRZ) Manager, as Councilmembers voted on October 25. Please note that the City Council will appoint the TIRZ Board Chairman on an annual basis, in accordance with the Tax Increment Reinvestment Act. Council will be asked to take such action through a later item on the November 8 Council Agenda. Upon your approval, these Bylaws will become effective immediately. RECOMMENDATION That Council accept the recommendation of the TIRZ Board and approve the proposed set of Bylaws. Finance Review Source of Funds. Acct. Number Bonds (GO/Rev ) Sufficient Funds Available Operating B •get 1.r fmr>oY•nw $40 A I�L�►iV �• -• - merit Head ignature City Mina•-r CITY COUNCIL ACTION I /E Page 1 of BYLAWS OF REINVESTMENT ZONE NUMBER TWO CITY OF NORTH RICHLAND HILLS, TEXAS (TAX INCREMENT REINVESTMENT ZONE) ARTICLE I PURPOSE AND POWERS Section 1. Development or Redevelopment in the Zone. In order to promote the development and redevelopment of a certain area within its jurisdiction, the City Of North Richland Hills, Texas (the "City") has authorized the creation of Reinvestment Zone Number Two, City Of North Richland Hills, Texas, (the "Zone") following formal notification and presentation of the preliminary financial and project plans to the governing bodies of the other local taxing entities, as authorized by the Tax Increment Financing Act, Chapter 311, Texas Tax Code, as amended (the "Act"). Pursuant to the Act, the City has likewise established a Board of Directors ("Board") for the Zone. Section 2. Powers. The property and affairs of the Zone shall be managed and controlled by the City Council based on the recommendations of the Board, subject to the restrictions imposed by law, the ordinance creating the Zone, and these Bylaws It is the intention of the City Council that the Board shall function in an advisory capacity with respect to the Zone and shall exercise only those powers that are either granted to the Board pursuant to the Act or delegated to the Board by the City Council. ARTICLE II BOARD OF DIRECTORS Section 1. Powers. Number and Term of Office. As set forth in the ordinance creating the Zone, the Board shall consist of nine directors; six of whom shall be appointed by the City Council of the City; one of whom shall be appointed by the governing body of Tarrant County, Texas ("County"); one appointed by the Tarrant County College District ("TCC"); and one appointed by the Tarrant County Hospital District ("TCHD"); provided, however, that if a taxing unit (other than the City) waives its right to appoint a member to the Board, as evidenced by written resolution duly appointed by the governing body of such taxing unit, the City may appoint such Board member in its stead. Each initial Board member shall serve two-year terms, as stipulated in the Act, or until his or her successor is appointed. Subsequent directors shall be appointed by the governing bodies of the City, County, TCC and TCHD and shall serve two year terms until their successors are appointed by the respective governing bodies. In the event of a vacancy caused by the resignation, death or removal, for any reason, of a director, the governing body of the respective taxing unit (i.e. City, County, TCC, and TCHD) which made such Board appointment shall be responsible for filling the vacancy. 2 Section 2. Meetings of Directors. The directors may hold their meetings within a building accessible to the public in the City as the Board may from time to time determine. Section 3. Regular Meetings. Regular Meetings of the Board shall be held at such times and the Board shall designate places as from time to time. Notice of all regular and emergency meetings of the Board and any committees thereof shall be conducted and posted in accordance with the provisions of the Texas Open Meetings Act, Article 6252-17, Vernon's Annotated Civil Statutes, as amended. There shall be at least one Regular Meeting held each year in the month of November. Section 4. Emergency Meetings. Emergency Meetings of the Board shall be held whenever called by the Chairman, by the secretary, by a majority of the directors then in office or upon advice of or request by the City Council or Zone Manager, in compliance with the Emergency Meetings Section of the Texas Open Meetings Act The secretary shall give notice to each director of each Emergency Meeting in person, or by courier, facsimile, telephone, telegraph, or electronic mail, at least 24 hours before the meeting Notice of all Emergency Meetings shall state the purpose, which shall be the only business conducted. 3 Section 5. Quorum. A majority of the directors holding current appointments shall constitute a quorum for the consideration of matters pertaining to the purposes of the Zone. The act of the majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board, unless a greater number is required by law. Section 6. Conduct of Business. At the meetings of the Board of Directors, matters pertaining to the purposes of the Zone shall be considered in such order as from time to time the Board may determine. At all meetings of the Board, the Chairman shall preside and in the absence of the Chairman, the Vice-Chairman shall exercise the power of the Chairman. The Secretary of the Board shall act as Secretary of all meetings of the Board, but in the absence of the Secretary, the presiding officer may appoint any person to act as Secretary of the meeting. City staff shall provide notice of meetings and prepare meeting agendas. Within five business days following each Regular and Emergency meeting, a copy of the minutes of the meeting shall be submitted to the City Secretary of the City 4 Section 7. Compensation of Directors. Directors as such shall not receive any salary or compensation for their services, except that they shall be - reimbursed for their actual expenses incurred in the performance of their duties hereunder. Section 8. Attendees. Board Members shall make every effort to attend all Regular and Emergency Meetings of the Board and/or any Committees. The City Council may replace a City appointee of the Board or request replacement of an appointee from other taxing jurisdictions for non-attendance. Section 9. Books and Records; Approval of Programs and Financial Statements The Board shall keep, correct and complete books and records of accounts, and shall also keep minutes of its proceedings and the proceedings of any committees having any of the authority of the Board Any director or his agent or attorney may inspect all books and records of the Zone for any proper purpose at any reasonable time; and at all times the City Council and the City Auditor will have access to the books and records of the Zone. The City Council must approve all programs and expenditures for the Zone and annually review any financial statements of the Zone. 5 ACT III OFFICERS Section 1. Titles and Terms of Office. The officers of the Zone shall consist of a Chairman, a Vice-Chairman, a Secretary, and such other officers as the Board of Directors may from time to time elect or appoint; provided, however, that the City Council shall, on an annual basis, appoint the chairman in accordance with the Act. One person may hold more than one office, except that the Chairman shall not hold the office of Secretary. Terms of office for officers, other than the Chairman, shall not exceed two years. All officers, other than the Chairman, shall be subject to removal from office, with or without cause, at any time by a vote of a majority of the entire Board. A vacancy in the office of any officer, other than the Chairman, shall be filled by a vote of a majority of the directors. Section 2 Powers and Duties of the Chairman. The Chairman shall serve as the Chairman of the Board and shall preside at all meetings of the Board. 6 Section 3. Vice-Chairman. The Vice-Chairman shall be a member of the Board, shall have such powers and duties as may be assigned to him by the Board, shall exercise those powers and duties, and shall exercise the powers of the Chairman during that officer's absence or inability to act. Any action taken by the Vice-Chairman in the performance of the duties of the Chairman shall be conclusive evidence of the absence or inability to action of the Chairman at the time such action was taken. Section 4. Secretary. The Secretary shall keep the minutes of all meetings of the Board in books provided for the purpose, he/she shall have charge of such books, records, documents and instruments as the Board may direct, all of which shall at all reasonable time be open to inspection, and he/she shall in general perform all duties incident to the office of Secretary subject to the control of the City Council and the Board. Section 5. Zone Manager. The Zone Manager shall be the City Manager, and shall serve as the chief operating officer of the Board, subject to the paramount authority of the Board and the approval of the City Council He/She shall be in general charge of the properties and affairs of the Zone, shall execute all service contracts, conveyances, franchises, bonds, deeds, assignments, notes and other instruments in the name of the Zone and subject to the Rules and Procedures of the City. The Zone manager shall also oversee all additional staff functions. 7 Section 6. Staff. The Zone Manager and his/her designee(s) shall perform additional staff functions for the Board Section 7. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their official duties as officers. ARTICLE IV PROVISIONS REGARDING BYLAWS Section 1. Effective Date. These Bylaws shall become effective upon adoption by the Board and approval by the City Council. Section 2. Amendments to Bylaws. These Bylaws may be amended by majority vote of the Board, provided that the Board files a written application to the City Council requesting approval of such amendment, specifying in such application the amendment or amendments proposed If the City Council, by appropriate resolution, finds and approves the form of the proposed amendment(s), the Board shall proceed to amend the Bylaws. 8 After consultation with the Board, the Bylaws may also be amended at any time by the City Council by adopting an amendment to the Bylaws by resolution of the City Council and delivering the Bylaws to the Secretary of the Board. Section 3. Interpretation of Bylaws. These Bylaws and all the terms and provisions hereof shall be liberally construed to the purposes set forth herein. If any word, phrase, clause, sentence, paragraph, section or other part of these Bylaws, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of these Bylaws and the application of such word, phrase, clause, sentence, paragraph, section or other part of these Bylaws to any other person or circumstance shall not be affected thereby. ARTICLE V GENERAL PROVISIONS Section 1. Notice and Waiver of Notice. Whenever any notice whatsoever is required to be given under the provision of these Bylaws, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed postpaid wrapper addressed to the person entitled hereto at his/her post office box as it appears on the books of the Zone. Such notice shall be deemed to have been given on the day of such mailing Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except 9 where a director attends a meeting for the express purposes of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. A waiver of notice in writing signed by the person or persons entitled to said notice, whether before or after the time stated herein, shall be deemed equivalent to the giving of such notice Section 2. Resignations. Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein, or, if at no time specified, at the time of its receipt by the City Council The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Section 3. Approval or Delegation of Power by the City Council. To the extent that these Bylaws refer to any approval by the City or refer to advice and consent by the Council, such approval, delegation, advice and/or consent shall be evidenced by official action of the City Council, through a certified copy of a resolution, order or motion. Approved TIF No. 2 Board: Date: 11/1/99 Chairman Approved City Council: Date. 11/8/99 Mayor 10 CITY OF NORTH RICHLAND HILLS Jepartment Economic Development Council Meeting Date: 11/08/99 Subject' Designafinn of Tax Inc-rpm/ant Rpinuac}man} 7nnn No 9 Agenda Number: _ GN 99-129 Chairman On November 1, the Board of Directors for Reinvestment Zone Number 2, City of North Richland Hills, adopted a set of Bylaws. The proposed Bylaws are likewise scheduled for approval by the North Richland Hit's City Council earlier in the agenda of November 8, 1999. In accordance with the Tax Increment Reinvestment Act, the NRH City Council is to appoint the Tax Increment Reinvestment Zone (TIRZ) Board Chairman on an annual basis—as you did in appointing Mayor Charles Scoma as Chairman of TIRZ Number 1. Upon such action, the TIRZ Board will elect a Vice-Chairman and Secretary at its next regularly scheduled meeting. RECOMMENDATION That Council appoint the first Chairman of Reinvestment Zone Number 2, City of North Richland Hills, for a one year term. Finance Review Source of Funds. Acct. Number Bonds (GO/Rev.) Sufficient Funds Available Operating Bu get ler t Finance ona> Ade DepartmenTflead Signature / City Ma Cr CITY COUNCIL ACTION IT-M Page 1 of CITY OF NORTH RICHLAND HILLS Department: Environmental Services Council Meeting Date 11/08/99 Subject: Consider Ordinance No 2424, Regulating Animals in Agenda Number: GN 99-131 North Richland Hills Ordinance No. 2424, regulating animals in North Richland Hills, repeals Ordinance 1848 This new ordinance represents the first comprehensive update to animal regulations since the passage of Ordinance 1848, which was enacted in 1992 to address the issue of dangerous dogs in accordance with state law. The basic regulations in Ordinance 1848 were originally enacted in 1984. Ordinance No. 2424 includes the following updates and additions: • Provides for regulation of Kennel/Cattery Operations. The current ordinance does not address the various types of operations. This Ordinance classifies Kennels/Catterys into four categones: • Boarding : primary purpose is to board dogs and cats Veterinary clinics are excluded. • Class A Kennel /Cattery: establishment where the primary purpose is breeding, buying and selling of dogs and cats. • Class B Kennel /Cattery: place where the primary purpose is showing dogs and cats in competition events. • Class C Kennel • establishment where primary purpose is training dogs for guard, sentry, field, or obedience. • Provides for regulation and inspection of Pet Shops • Prohibits certain types of confinements of dogs: • No dog may be chained in the front yard where there is no fence to contain it. • No dog may be chained for more than 8 hours at a time • Provides for Control and Violation Notices: to be issued in lieu of citations where a citation would normally be issued for offenses of license and at large" sections of the Ordinance. This will be a "user fee" assessed to the pet owner rather than the issuance of a citation. It should be noted that control and violation notices and citations are only issued after courtesy warnings have been given except in extreme cases where the public safety is endangered. • Required altering of a dog or cat that has been involved in violation of this Ordinance on two or more occasions. • Provides for a special license permit for persons owning up to four cats that are altered and remain indoors at all times. Finance Review Source of Funds: Account Number Bonds(GO/Rev ) Sufficient Funds Available Operating Budget Other V � I1 /'�^�`/J�, 'tiL1 I Finance"< ' ance biretta � 6/"Vi . Department Head Signature City Manager Sig ature CITY OF NORTH RICHLAND HILLS • Provides for graduated license increase for in-tact dogs and cats, but keeps fee the same for altered dogs and cats. • Requires that dogs and cats held in quarantine other than at the Animal Services Center, be kept within a 10 mile range of North Richland Hills. • Requires implantation of microchip for identification in registered dangerous dogs. • Removed the 35 pound weight limit for non-human primates, prohibiting all non-human primates. All fees for this ordinance have been placed in Ordinance No. 2425, which is also presented for consideration and passage. If approved, this ordinance would become effective after its date of passage and publication as provided by law. Recommendation: To approve Ordinance No. 2424, repealing Ordinance No. 1848, regulating animals in North Richland Hills. CITY COUNCIL ACTION ITEM 11/03/99 • ORDINANCE No. 2424 Regulating Animals in North Richland Hills INDEX ARTICLE 1 PREAMBLE page 2 ARTICLE 2 DEFINITIONS.. page 2 ARTICLE 3 ANIMAL IMPOUNDMENT page 6 ARTICLE 4 KENNELS & MULTIPET HOUSEHOLDS page 10 ARTICLE 5.ESTRAY page 18 ARTICLE 6.LICENSING page 21 ARTICLE 7 ANIMAL BITES page 24 ARTICLE 8.GENERAL... page 25 ARTICLE 9 ANIMAL CARE page 25 ARTICLE 10.BOARDING/RIDING STABLES page 27 ARTICLE 11.DANGEROUS DOGS page 29 ARTICLE 12.WILD/EXOTIC/DANGEROUS ANIMALS page 36 ARTICLE 13.PENALTIES/SEVERANCE/REPEALER page 38 1 11/C4/99 O 4.8.A The facility must be adequate foi. the'riumber and type of animals to be kept. 4.8.A.1 Facilities shall be of sufficient size as to allow animal 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. 4.8.A.2 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. 4.8.A.3 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. 4.8.B The animals and the facility must be kept free of odor or stench which is offensive to a person of ordinary sensibilities; and 4.8.0 The animals must be maintained in a manner which does not pose a danger to the health of the animals themselves or adjacent animals; and 4.8.D The animals must not cause noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent, or neighboring premises; and 4.8.E The applicant or holder of the permit has not been issued citations for violation of this ordinance on two (2) separate occasions, or animals covered by or to be covered by the permit have not been impounded on two (2) separate occasions. 4.8.F All animals must be licensed and vaccinated and must wear current tags at all times in accordance with Article 6. The Multi-Pet permit may be revoked by the Animal Services Division ft, 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 person whose permit has been revoked may not reapply for a period of one (1) year from day of revocation. SECTION 4.9 MULTIPLE CAT HOUSEHOLD: A person may own and house up to four (4) 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 (4) cats. SECTION 4.10 PERMITS: Permits shall be valid for one (1) year from date of issuance and shall only be issued upon approval of Planning & Inspection who shall document that said Kennel/Cattery meets zoning requirements. 17 11/04/99 ORDINANCE NO 2424 Be it ordained by the City Council of the City of North Richland Hills, Texas, that: ARTICLE 1. PREAMBLE The animal regulations as herein established have been made for the purpose of promoting the health, safety, morals and general welfare of the City of North Richland Hills. The Ordinance 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 of North Richland Hills, 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. ARTICLE 2. DEFINITIONS When used in this ordinance the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows: 2.A ANIMAL DEALER: 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 or other temporary site. Persons buying or selling animals for, and destined for, human consumption, are not included in this definition. 2.B ANIMAL SERVICES OFFICER: Person designated by the City of North Richland Hills as the primary enforcement officer of ordinances regulating animals and owners of animals and for the enforcement of Sections of the Texas Statues pertaining to the care and control of animals. 2.0 ANIMAL SERVICES CENTER: Facility designated and operated by the City of North Richland Hills for the purpose of impounding and caring for animals held under authority of this Ordinance. 2.D BOARDING/RIDING STABLES: 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 KENNENWPWRIMMthment where dogs, cats, puppies, or kittens are kept for the primary purpose of boarding for any part of a twenty-four (24) hour perio This ci of include veterinary clinics where boarding is offered in addition„ 2:F CLASS AIMICT1 RY: Any establishment where dogs andlor puppies or cats and/or kittens are kept for the primary purpose of breeding, buying or selling such urnats and which establishment is so constructed that the dogs, puppies, cats and for kons cannot escape. License shall apply ,mot ,,n (Y t})dngs q cat and.Ag, 2 11/04/99 require an additional CLASS A KENNEL or CATTERY:LICENSE for each incceme)1l;of up to ten (10)dogs or cats. • ' 2G CLASS B KENNEL OR CATTERY: 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 twelve (12) months. The license shall apply to up to ten (10) animals. Ap als in excess of ten (10)shall be licensed individually. 2.H CLASS C KENNEL Any establishment where dogs or puppies are kept for the primary purpose of training for guard, sentry,field, or obedience, whether gratuitously or for 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; 2.1 DANGEROUS ANIMAL: 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 Texas 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 12 of this Ordinance, or which is apprehended or observed unrestrained. However, this definition shall not apply to Dangerous Dogs as addressed in Article 11 of this Ordinance. 2.J DOMESTIC ANIMAL: 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. 2.K 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. 2.L EXOTIC SPECIES: Any animal born or whose natural habitat is outside the continental United States excluding non-venomous reptiles and fish. 2.M EXOTIC LIVESTOCK/RATITES: Any species classified as exotic livestock by the Texas Animal Health Commission. 2.N HARBORING: 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 (10) days or longer. 2„0, MULTIPLE CAT HOUSEHOLD: A private owner of up to four (4) cats kept exclusively indoors as companion animals. No inspection is required. All cats must have-vaitd rabies vaccinations. Permit is required. 3 11/04199 • 2.P !MULTIPLE PET HOUSEHOLD: A private owner of more than three (3) cats and two (2.) dogs or two (2) cats and three (3) dogs where all conditions set out in Article 4 of this ordinance are met. Permit is required. 2.Q NON-REGISTERED DANGEROUS DOG: Any dog which: 2.Q.1 When unprovoked, severely attacked or inflicted serious injury or death to a person, whether on public or private property; or, 2.Q.2 Has been deemed non-registerable by the Animal Control Division and upheld or unchallenged in the court of jurisdiction. 2.R OWNER: Any person who has right of property in an animal including a harborer. 2.S. PET ANIMAL: Shall include dogs, cats, rabbits, rodents, birds, non-poisonous reptiles, and other species of animals which are sold or retained as household pets but shall not include skunks, ferrets, non-human 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 ordinance. 2.T PET SHOP: Any person engaged in the-Bulsiness of breeding, buying; seta, g a°ire aor as a broker of ariimals.9f arty;species.for ptoftt_makirtg, m,t oses 2.0 POULTRY: All domesticated foul and all game birds which are legally kept in captivity except those classified as exotic livestock/ratite as defined above. 2.V PROPER ENCLOSURE: Means a house or a building, or in the case of a fence or structure/pen, the fence or structure/pen must be at least six (6) feet in height. The structure/pen must also have minimum dimensions of five (5) feet by ten (10)feet. The fence or 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 to prevent the dangerous animal or registered dangerous dog from escaping from the enclosure. The structure/pen shall provide protection from the elements for the animal. The Animal Services Division may require a fence higher than six (6) feet or require a secure top and a secure bottom to the structure/pen if the need is demonstrated. 2.W QUARANTINE BY OWNER: Following are required: 2.W.1 Animal must be inside an enclosed structure, i.e., house or garage and must remain here for ten (10) days. 2.W.2 If maintained outside, animal must be behind a fence from which it cannot escape and on a chain from which it cannot break loose or inside a covered pen or kennel from which it cannot escape. 4 11/04/99 2.W.3 Animal must be kept away from other animals and people excepting those in the immediate household. 2.W.4 Animal may not be removed from Corporate City Limits of North Richland Hills while under quarantine. 2.W.5 Owner shall notify Animal Services Division immediately if animal becomes sick or displays any behavioral changes or dies or disappears. 2.W.6 Owner shall not subject the animal to any medical procedure without first notifying the Animal Services Division, this to include any vaccination. 2.X RABIES VACCINATION: The vaccination of a dog, cat or other domestic animal with an anti-rabies vaccine approved by the Texas Department of Health and administered by a veterinarian licensed by the State of Texas. 2.Y REGISTERED DANGEROUS DOG: Any dog registered with the City of North Richland Hills in compliance with Chap{er822, Texas Health and Safety Code, Subchapter D, and with the section of this ordinance addressing registered dangerous dogs. 2.Z RUNNING AT LARGE: 04,W114174fiall be considered rupning�at la a 2.Z.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.Z.2 On Premises: 2.Z.2a 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. 2.Z2b An animal intruding upon the property of another person other than the owner's shall be termed "at large." 2.Z.2c Any animal within a vehicle in a manner that would not prevent that animal's escape or contact with other persons or animals. 2.AA SERIOUS INJURY: Is defined as 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 injuring animal(s). 5 El!04!99 _dium■mmlimi■mommi 2.BB SEVERE ATTACK: Is defined as one in which the animal repeatedly bites or vigorously • shakes its victim, and the victim, or a person intervening, has extreme difficulty terminating the attack. 2.CC STRAY ANIMAL: 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 of North Richland Hills. 2.DD THEATRICAL EXHIBITION: Any exhibition or act featuring "performing animals." Such exhibitions shall not include resident or non-resident dog and cat shows which are sponsored and/or sanctioned by Animal Services Division, American Kennel Club, the Untied States Kennel Club, the Cat Fanciers Association, American Cat Fanciers Association, or any affiliate thereof, nor shall it include any primary horse show. 2.EE UNPROVOKED: With respect to an attack by an animal shall mean 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. 2.FF VETERINARIAN: Any practitioner of veterinary medicine licensed by the State of Texas to practice such in Texas. 2.G WILDLIFE: Any animal which occurs naturally in a wild state. This includes any animal which is part wildlife. ARTICLE 3. ANIMAL IMPOUNDMENT SECTION 3.1 IMPOUNDMENT: Animals owned or harbored in violation of this ordinance or law of the State of Texas shall be taken into custody by an animal services officer or other designated official and impounded under the provisions of this ordinance. SECTION 3.2 DISPOSITION OF IMPOUNDED ANIMALS: 3.2.A DOGS AND CATS WITH NO IDENTIFICATION: All dogs and cats impounded by the Animal Services Division or brought to the Animal Services Center by a person other than the harborer or owner of that animal shall be held for a minimum of ninety-six (96) hours 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 dog/cat. In the event that the dog/cat is not claimed after ninety-six (96) hours in the Center, that dog/cat shall become the property of the City of North Richland Hills. 3,2.B DOGS AND CATS WITH IDENTIFICATION: All dogs and cats impounded by the Animal Services Division or brought to the Animal Services Center by a person other than the harborer or owner of that animal that are wearing traceable identification or where an owner is known shall be held in the Center for a 6 11/04/99 minimum of seven (7) complete days from the time the animal enters the facility, during which time the Animal Services Division shall notify the owner, when known, of the impoundment. Unless the owner has notified the Animal Services Division in writing of his/her 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 Animal Services Supervisor, the animal shall become the property of the City of North Richland Hills on the eight (8th) day. 3.2.0 ANIMALS SURRENDERED BY OWNER/HARBORER: All animals surrendered by the owner/harborer to the Animal Services Division shall become the property of the City of North Richland Hills immediately upon completion of the Owner/Harborer Surrender form. 3.2.D ANIMALS OTHER THAN DOGS, CATS, OR ESTRAYS IMPOUNDED: All animals other than dogs, cats, estrays, or animals holding current restricted animal permits in North Richland Hills impounded by the Animal Services Division or brought to the Center by a person other than the owner/harborer shall become the property of the City of North Richland Hills unless such ownership is prohibited by state or federal law. 3.2.E DISPOSITION OF ANIMALS: Final disposition of all unclaimed animals shall rest with the Animal Service Division. The Animal Services Division shall retain sole authority to determine the final disposition of each animal in its custody once that animal becomes the property of the City of North Richland Hills, and shall not place any animal for adoption that is classified in this Ordinance 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 animal control officer. All animals listed as endangered or protected shall be transferred to the proper authority at the earliest possible date. SECTION 3.3 ANIMALS HELD ON COMPLAINT: If a complaint has been filed in Municipal Court for the City of North Richland Hills against the owner of an impounded animal for a violation of this ordinance, the animal shall not be released except on the order of the Animal Services Division which may also direct the owner to pay any penalties for violation of this ordinance in addition to all impoundment fees. Surrender of an animal by the owner thereof to the Animal Services 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 ordinance. SECTION 3.4 REMOVAL OF ANIMALS FROM CONFINEMENT: It shall be unlawful for any person to remove from any place of confinement any dog or cat which has been confined as authorized, without the consent of the impounding agency. SECTION 3.5 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 of North Richland Hills is hereby authorized to take up and deliver to 7 11/C4/99 the Animal Services Center any animal mentioned in this ordinance 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 Animal Services Division any such animal within forty-eight (48) hours may subject the person taking up the animal to civil and/or criminal action. The animal services officer or his agent and peace officer are authorized to impound any animal mentioned in this ordinance which is in violation of the ordinance. In the event the animal is on private property or property of the animal's owner the animal services 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. 3.5.A It shall be unlawful for any animal to"run at large ;as,defined in Article 2 of this ordinance 3.5.B No dog or puppy may be restrained by leash, tether or chain unattended in the front yard of a residence or business unless there is'a fence surrounding the area where the animal is restrained. 3.5.0 No dog or puppy may be restrained by a fixed point chain or tether for more than eight (8) hours in a twenty-four (24) hour period. The restraint must be at least ten (10) feet in length and attached to a pulley or trolley mounted on a cable Which is also at least ten (10)ten feet in length and mounted no more than seven (7) feet above the ground: Any tethering employed shall not allow the dog or puppy to leave the owner's property. No chain or tether shall weigh more than One-eighth (1/8) of the dog, or puppy's body weight. Any chain or tether used must be attached to a pratlyfitting collar or harness worn by the animal: SECTION 3.6 CONFINEMENT DURING ESTRUS: Any unspayed female dog or cat 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 dog or cat 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 Services 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 Animal Services Division shall be a violation of this ordinance, and the dog and cat will then be impounded as prescribed in this ordinance. SECTION 3.7 ADOPTION OF ANIMAL: All animals which are adopted from the Animal Services Center shall be surgically altered to prevent reproduction in that animal aP leaving the Animal Services Center provided the eight (8) weekss:Qao e4>' one pound per ore in body weight. 37 A ANI ISLE FOR ALTERING: If the animal is not eligible for a before"leaving?the Center due to age or medical condition, that animal shall be urgically altered as soon as medically safe. The person adopting that animal shall sign an agreement stating that he/she will have said animal surgically altered at that time. 8 11/04/99 3.7.B RESPONSIBILITY FOR PROOF: It shall be the responsibility of the.'person adopting to provide proof of altering to the Animal Services Division.' • 3.7.0 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 Animal Services Division the right to recover the adopted animal in question and revoke the owner's adoption contract. Such failure shall also constitute a violation of this ordinance. 3.7.D ADOPTION FEE: The adoption fee shall be set to render neutral the cost of surgically altering, medicating and preparing said animal for adoption. 3.7.E RABIES VACCINATION: A person adopting a dog or cat that is not yet three (3) months of age shall have that animal vaccinated for rabies by a veterinarian licensed within the State of Texas by the date specified during the adoption procedure. The person adopting the animal is responsible for providing proof of rabies vaccination to the Animal Services Division within 48 hours of vaccination date. SECTION 3.8 SURRENDER OF ANIMALS: There shall be a fee for surrender of animals by owner/harborer to the Animal Services Center. 3.8.A SMALL ANIMALS: For small animals such as dogs or cats, a fee shall be charged per animal. In the event a litter (Under $0 days of age) is surrendered the charge shall be the same as a single animal, with or without the mother. The same charge shall apply to dead animals which are picked up by the animal services officer at the request of the owner. 3.8.B LARGE ANIMALS: For large animals such as horses, cows, goats, sheep and pigs, a fee shall be charged per animal. 3.8.0 SURRENDERED ANIMALS FROM OTHER CITIES: Owners of animals who reside outside the City of North Richland Hills who bring their animals to the Center shall pay a fee. SECTION 3.9 PAYMENT OF FEES: It shall be a violation of this Article to fail to pay all fees due in accordance with this Ordinance or the Animal Services Fee Ordinance No. 2425 SECTION 3.10 CONTROL NOTICE: vvi-i6I4WOrgfaiinif restrantregUirement rare obseF ' any animal services officer may issue a Control Notice in lieu of a Citation.; The c: Notice will stipulate the violation observed, assoc! -.4 Q A , , g $ B v.. . e,. well as a waiver provision providing ha` issued waives all rights to protest such ne issue relating to that notice. All associated fees s is . oe"'pad `-o--t A Division. Failure to pay the associated fees b . the c•rn:lh.nc date r fati ilia xU . rights by the compliance date the issuance of a Citation. 9 11 '94/99 SECTION 3.11 SURGICAL ALTERA1iQN REQUIRED: 'Any.owner.0f a.dog`orcat who is cited and convicted or who pleads guilty or who receives differed adjudication for a restraint violation of this ordinance on two (2) occasions within a twelve month period, shad have the animal spayed or neutered within seven (7) days of the conviction or plea. Verification from the veterinarian performing the surgery shall be provided to the Animal Services Division in writing within seven (7) days of the surgery. ARTICLE 4KENNE.LS &MULTIPET HOUSEHOLDS SECTION 4.1 BOARDING KENNELS OR CATTERYS: 4.1.A All Boarding Kennel 'cr Catterys shall, in addition to the other requirements of this ordinance, comply with the rninirnurn standards of this Section. Failure to meet these standards shall be grounds for denial or revocation of a license pursuant to Article 6 of this ordinance and the issuance of a citation subjecting the owner to the penalties provided in this ordina nce. Facilities shall be subject to inspection by 2 ri animal services o. t kftit lslhe f~e;,guest during reasopktialtititg 4.1.4 IndoorgianWI(e 'es,.IZe rie ei. runs) shall be provided for each animal housed. [hays enclosures shall be constricted of an impervious material. Floors shall be metal, fiberglass, concrete or covered throughout with a minimum pf three (3) inches of gravel.. Enclosures must be cleaned daily with a disinfectant, cleanser or chlorine bleach. Cleaning materials must be present at the time 9f pn ins* Otto in arniounts sufficient to clean the entire facility. AID t` �1 ;�Y l `i ;. , b ;fig 4.1.0 I 1 °, - •r 4�` ' :Adequate van "f' a rAo likcip 4tag d and fans. 4.1.D EaG nimal shall I ai, , u pa'u itonta :, . : =around in natural pcstuuori without :oucnu the sidos or roe o t e ens osure f'additiona £t 11 sb Rk, a trid(ot or dyt fQC I then this enclosure must provt s _ ` l `tie- cte d an i 'f"` sous"material: • max,: . err 4.1.F Outdoor-ruris'or encIosu-es ay g providgfin`addition to the indoor enclosures. These outdoor enclosures may be separated or attached to the indoor enclosures. They shall be cosnstructeaof,an impervious material with floors as in 4 1,A;of ths,Section . 4.1 G All enclosures shall be kept clean and dry. 4.1.H All enclosures shall provide protection from the weather. 10 11/04/99 4;1.1 The food shall be free from contamination,,wholesome,.palatable, and of sufficient, quantity and nutritive value to meet the normaldaily requirements for the conditiar.,.and size of the animal. 4.1.J 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. 4.1.K 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 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 ClassA kennel or cattery. 4.11 Animals over the age of three (3) months which`are boarded must have proof of a valid North Richland Hills animal license (if applicable) and rabies vaccination. 4:1.IVl Owners bf boarded animals w iIch do ibt`have g oof 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 Animal Services 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 iri•,perted while their animal is being boarded. The Boarding Kennel or Cattery shall provide the name and address of any animal being boarded to , nirnai Services C?ivision upon request SECTION 4.2 CLASS A°KENNELS``'OR CATT iYS.":A€l Class A . ; addition to the other requirements of tliis orc,ir�anc standards of this Section. Failure to meet these a or revoce.tion of a lice ise pursuant to Article 6 of this:• -}' citation subjecting the owner to the penalties providetY M be su 'ectto inspection by an animal services officer upon recqu ti est'durin• hou .. 4.2 A-''Each Class A Kennel or Cattery shall comply with`t�i� Section 4.1 of this ordir a0 lnAdditio,i ; ale#oliowing,star)Y. 4.2.A.1 Each dog or cat, three (3) montns,of ageor older nitist hairek ro` valid vaccination against rabies. 4.2.A.2 Eath chaser of a dog, cat, puppy, or k',' :x copy of Section 4.6, PUPPIES, DOGS, KITTS? CERTIFICATION AS UNFIT FOR PURCHASE, o :: Kennel or Cattery and with a North Richland Hills anima - application 11 11/04/99 4.2.A.3 Each Class A Kennel,or Cattery License•,shall apply to up to ten (1'0) dogs or cats and shall require an additional Class A Kennel or Cattery. License for;each;irtcrement of up..to ten.(10)dogs.or:cats SECTION 4.3 .CLASS B KENNELS QATTERYSj 4.3.A All Class-B Kennels or Catterys shall, in addition to the other'requirements to this ordinance 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 6 of this ordinance and the issuance of a citation subjecting the owner to the penalties provided in this ordinance. Facilities shall be subject to ins. ection by an animal seryiggQfficer upon his request drangleasonable hou4 4.3.B Animals kept primarily indoors: shall be provided with wholesome food andciea water, a clean living environment free of accumulated waste and deorii comfortable tem:pErature and ventilation, and provided veterinary care when needed. If allowed access to outdoors on a temporary b.sis, the outdoor area shall be kept free of ate and debris and well drained',' comply with all 4681111ftements coil 4.3.0 Anirrt - o v=:m n a a e 3 .�• living environment free of accumulated waste and debris, suppren'ent,'' protection from weather extremes and well drained. Such out.'.* •compiy,yttftall restraint_ requirements contained in this ordinal; 4.3.D Each Gl_ ss B'Kennel l or Cattory license shall:apel to no more l"tTe rt }i and/or tetx (j 0 cola three (,33 mon cats �.h i fs4 z 9r old.t' 1 4:3.E Ei A D ii'7ry •q-; ',-i'J a 3 9 G 9 • r Section 4.6, PUPPIES, DOGS;KITTENS, CATS, CERTIFICATION .* :Y FOR PURCHASE or this ordinance by the Kennel orCattery,and rvi d Richland Hills animal license application: SECTION 4.4 CLASS C KENNEL 4.4.A Any Class C Kennel shall, in addition to the other requirements o this ordinance; 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 Ordinance. Facilities shall be subject to i, s eGtion by an anJmal seDr ces officer upon his/her request during reasonable hours 4.4.B Class C Kennels shall comply with, the standards set forth in Section 4.'' ,T KENNEL OR CATTERY in addition to the following standards: 4.4.B.I The area used for training;,§ha,U 1 jM free of accumulated waste an4 12 11/04/99 4.4.B.2 Outdoor areas where animals are trained for guard dr'sentry work,must be completely enclosed or surrounded by a fence at least eight feet in height, Jr stalled at or below,ground level withanti-climbers at the top. 4.4.B.3 l=nclosuresand the'#rainirigarea must be locked at all times to prevent unauthorized entry or escape of the animals. 4.4.B.4 No training shall employ the use of chemicals, electrical or mechanical devices which may cause pain, injury or death. SECTION 4.5 PET:LSOPS 4.5.A All pet shops, as defined herein, including pet shops run in conjunction with another holding facility, shag in addition to the other requirements of this ordinance, 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 ordinance. Facilities shall be subject to inspectickby an animal services officer upon his/her request during reasonable tISIgLtt 4. B6; eWaVailable hotaler '` :'minimurn temperature of 140 F. for Gashing cages and disinfecting and cold water easily accessible to all parts of the shop. Fresh water shall be available to ail species at all times. Containers are to be cleaned. and disinfected each ray. All water containers shall be mounted so the anir3 gal canr ,,#3_u e :over, and be of the type that,ere temp. �t < 'm Room ternpeWeifitig%WarairEPrigii teined atfk` i/' r r }? " lthfui for 1a. .keRs,shop: 4.5.D` At'll , d enclosures are to be of a nonporous material for easy cleaning and t • -. s• t • Rst.be of of icient size that.the animal will have room ? st be cie 4.5.E A • : ' • • a .` - . . ` . t least i ree' 3)times per twenty- four (24) hours. All from three (3) months to nine (9) months of age are to be fed at least two (2) times per twenty-four (244) hours. Ali other animals 'must be fed at least one time per twenty-four (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-tirne use only 4.5.F 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 cacesmust be disinfected when birds are sold or otherwise transferred Pal t urge.:birch shall_thave.separate cagesrfro t alie i< d 13 11/04/99 4.5.G There shall be.suffiicient clean, diy bedding to meet needs of each individual animal 4.5.H All animals must be fed and watered, and all cages cleaned every day,nctuair g Sundays andholidays. 4.5.I Each purchaser of a dog, cat, puppy or kitten shall be provided with a copy of Section 4.6,PUPPIES, DOGS, KITTENS, CATS, CERTIFICATION AS UNFIT FOR PURCHASE, of this ordinance by the pet shop and.,with.`a. lottt Richland Hills Animal license application. SECTION 4.6 PUPPIES, DOGS, KITTERS, CATS,,;CERTIFICATION AS titorigm PURCHASE 4.6.A, No pet shop, animal dealer, or other person shall sell any puppy, dog, kitten, o` cat which is unfit for purchase. The p urchaser of a pup py, dog, kitten or cat.-.T a pet shop, animal dealer, or other person which suffers or dies-of a d'iseas parasitic infection must have these conditions or death certified by a ' tern within thirty (30) days of the purchase date as evidence r 9.If' for purchase. Any puppy, dog; kitten or cat which suffe �. hereditary condition must be ce;-tifed as unfit for purchase by a veteri ..s.. within;one year.of,the;date;of purchase. 4.6.B In the event that a puppy, dog, ':itten or :;at is certified as unfit foo repurchasf. such certification is presented in wiiting to the pet shop, anlrnal dealer, or o1", person, within seventy-two (72) hours of the �,�cte'inary, .,: purchaser may choose one of ti. e hollowing dealer or ether person si salt be,o, t.'tg -; option. 4.6.B.1 The owner or purchaser may return the puppy, dog, kitte refund of the purchase price gl , .a x cir ion ii . the •, shall be entitled, up to a to of the puppy, dog, kitten the disease, defect, or iri e"-:: s veterinarian's examination and cerciflcatts- cat is unfit for purchase pursuant to this Section; and font; directly related to necessary emergency services and uctdertaken to remedy:theiciiseas inect;; 01`zfectt®:` 4.6.B.2 Tf�e owor purchase exchange equal to the ft>i or purchaser shall be ent,t es,-up to a ^ a an oun purchase price of the puppy, dog, kitten or cat, to a."4,4,,, incurred relating to the disease, defect or infection, vet "` ,_ related to the veterina ia1>'s examination and c ertil1,i£ dpen or cat is unfit for purchase p 14 11/01/99 veterinary fees directly related.to..necessary emergencyservices and . treatment undertaken to remedy_the,disease, defect or,infection. 4.6.B.3 T o; purchaser may retain the puppy, dog, kitten or,cat and atterr~pt to"dire the disease, detect 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 puppy, dog, kitten or cat was certified,as unfit, up tothefull purchase price of the ,Q. puppy, dog, kitten or cat plus tai& 4 i46.8.4 '' t a � es 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 puppy, dog kitten, or cat plus tax in addition to any'etcrinai y tees jncurred relating to the disease; defect or infecticatiokidokkokida of the puppy, dog, kitten or cat plus tax. 4.6.B 5 Thee pet shop, animal dealer,or other person may contest a demand for •= eri:nary expenses, refund, or exchange made by a purchaser or owner o e so in writing within tvI (2) days of the- owner or purchaser's rsenimerit of a certificate of ;an`itoeas. in the event that the pet shop, :�r ma! d ealer, or other person wishes to contest a demand for veterinary ;senses, refund, or exchange inadc by the pur.�l°aser or owner pursuant his Section, the pet shop, animal dealer Or other person shah have the Lt to require the consumer to produce the puppy, dog,'hitter or cat ;Ytination by a licensed vet nna,'ieri designated by the dealer, Upon ch examination, if'the consumer and the.dealer are unable to reackall ch -S r n-',� y i r S c t;i !I'�C:T 11 4Ji`'!'.�c s Coo)Z,:t�lf��t�'.�.� one 1�.. �i FC.L��}Etl�.i.s ��So Ch�i�l Sector z.B.1-4 Within ton iiO) bu ii-1 ss days fotiewing receipt-of the.aninsia h examination, the consurner may initiate an action in a court of a,4mpetent'jurisdiction to recover or obtain such reimbursement of t nacv_ -s.,.refundµor exchange. 4•.77A A p•. VMPIFIrt r er k. .. (frlfdrifi specified in Section 4.6,B. The waiver must include the following language: "These are your rights under City of North Richland Hiiis Ordinance No. 242411 you purchase any puppy, dog, kitten car cat which is certified by a veterinarian as unfit for purchase within thirty (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 wilting to the,seller lththin:seventy-two (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'atternpt to cure the cppdition You may also recover certain guahf{ari ve Bring fees up is "; ;sign this 15 11/C4/99 4'7:8. 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 or her own warranty, or sell the puppy, kitten or;cflt as,js " 4.7.0 In addition to.the other requirements of this Section, the owner of each dog, puppy,kitten or cat 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 Kennel/Cattery 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 Animal Serv_ices;Division. 4.7.D All advertisements for the sale, adoption or placement of these animals within North Richland Hills must contain the owners Animal Dealer, Pet Shop, Kennel or Cattery license number and/or their individual Dog/Cat or.Multipie at Household license number. SECTION 4.1 KENNEL DEFINED: A kennel is defined as an establishment designed or e • e _. . • -- 3) cats and two (2) dogs are to be boarded, sold or bred. A Services Division. The Animal Services Division shall determine, after inspection, SECTION 4.8 MULTIPLE PET HOUSEHOLD: No person shall keep, maintain, harbor or be enabled to harbor more than three dogs; in the event that person is harboring three dogs, he/she may not harbor more than 2 cats at the same time. No person shall keep, maintain, harbor or be enabled to harbor more than three cats; in the event that person is harboring three cats, he/she may not harbor more than 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 Services Center. The permit, once issued, shall be defense to the terms of this Section. The Multi-Pet permit shall be issued provided the applicant meets all provisions of this Section and of this ordinance. The fee shall be charged and shall be valid for one year form the date of issuance. Upon inspection of the premises by the Animal Services Division, the permit shall be issued if the following conditions are met: 16 • 11/C1/99 4.8.A The facility must be adequate fo`r the.riumber and type of animals to be kept. 4.8.A.1 Facilities shall be of sufficient size as to allow animal 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. 4.8.A.2 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. 4.8.A.3 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. 4.8.B The animals and the facility must be kept free of odor or stench which is offensive to a person of ordinary sensibilities; and 4.8.0 The animals must be maintained in a manner which does not pose a danger to the health of the animals themselves or adjacent animals; and 4.8.D The animals must not cause noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent, or neighboring premises; and 4.8.E The applicant or holder of the permit has not been issued citations for violation of this ordinance on two (2) separate occasions, or animals covered by or to be covered by the permit have not been impounded on two (2) separate occasions. 4.8.F All animals must be licensed and vaccinated and must wear current tags at all times in accordance with Article 6. The Multi-Pet permit may be revoked by the Animal Services 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 person whose permit has been revoked may not reapply for a period of one (1) year from day of revocation. SECTION 4.9 MULTIPLE CAT HOUSEHOLD: A person may own and house up to four (4) 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 (4) cats. SECTION 4.10 PERMITS: Permits shall be valid for one (1) year from date of issuance and shall only be issued upon approval of Planning & Inspection who shall document that said Kennel/Cattery meets zoning requirements. 17 I 11/G4/99 SECTION 4.11 REVOCATION OR SUSPENSION OF PERMIT: Any Kennel/Cattery permitted under this ordinance shall comply with all zoning laws, and any such Kennel / Cattery found to be in violation of such laws ,or any other applicable law of the City of North Richland Hills or of the State of Texas, 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 Animal Services Division. ARTICLE 5. ESTRAY SECTION 5.1 UNATTENDED ESTRAY: It shall be unlawful for any person, firm or corporation to allow an estray(s) to be unattended upon any public street, alley, thoroughfare or upon the property of another in the corporate city limits of North Richland Hills. The person, firm or corporation having ownership of right to immediate control of such estray(s) shall have the burden to keep such estray(s) 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 not less than ten dollars ($10.00) or more than two hundred dollars ($200.00). SECTION 5.2 IMPOUNDMENT: It shall be the duty of the Animal Services Division 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 of North Richland Hills, or otherwise to be found at large, and to confine such estray for safe keeping. Upon impounding an estray, the Animal Services Division shall prepare a "Notice of Estray" and file such notice in the "Estray Book" located in the Animal Services Center. Each entry shall include the following: 5.2.A The name and address of the person who notified the Animal Services Division of the estray ; and 5.2.B The date, time and location of the estray when found; and 5.2.0 The location of the estray until disposition; and 5.2.D A description of the animal including its breed, color, sex, age, size, all markings of any kind, and other identifying characteristics. SECTION 5.3 ADVERTISEMENT OF IMPOUNDED ESTRAY: When an estray has been impounded, the Animal Services Division shall make a diligent search of the register of recorded brands in the County for the owner of the estray. If the search does not reveal the owner, the Animal Services Division shall advertise the impoundment of the estray in a newspaper of general circulation in the County at least twice during the next fifteen (15) days following impoundment and post a notice of the impoundment of the estray on the public notice board of City Hall. 18 • 11/04/99 SECTION 5.4 RECOVERY BY OWNER: The owner of an estray may.recover possession'of the animal at any time before the animal is sold under the terms of this Article if: 5.4.A The owner has provided the Animal Services Division with an "Affidavit of Ownership" of the estray containing at least the following information: 5.4.A.1 The name and address of the owner; and 5.4.A.2 The date the owner discovered that the animal was an estray; and 5.4.A.3 The property from which the animal strayed; and 5.4.A.4 A description of the animal including its breed, color, sex, size, all markings of any kind, and any other identifying characteristics. 5.4.B The Animal Services Division has approved affidavit; and 5.4.0 The affidavit has been filed in the "Estray Book"; and 5.4.D The owner has paid all estray handling fees to those entitled to receive them; and 5.4.E The owner has executed an "Affidavit of Receipt" containing at least the following information: 5.4.E.1 The name and address of the person receiving the estray; and 5.4.E.2 Date of receipt of estray; and 5.4.E.3 Method of claim to estray (owner purchaser at sale); and 5.4.E.4 If purchased at sale, the amount of gross purchase price; and 5.4.E.5 Amount of estray handling fees paid; and 5.4.E.6 The net proceeds of the sale 5.4.F The Animal Services Division has filed the "Affidavit of Receipt" in the "Estray Book" SECTION 5.5 FEES: For each and every estray taken and impounded there shall be paid to the City of North Richland Hills 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 Animal Services Division. Such fee being charged for the caring and feeding of such animals(s). The owner shall also pay for any veterinarian or drug fees incurred for the animals (s) while in the custody of the Animal Services Division. These Fees are set out in Ordinance No. 2425 19 11/04/99 SECTION 5.6 SALE OF ESTRAY: If the ownership of an estray is not determined within • fourteen (14) days following the final advertisement required by this Article, title to the estray rests with the City, and the Animal Services Division shall then cause the estray to be sold at a public auction. Title to the estray shall be deemed vested in the Animal Services Division for purposes of passing a good title, free and clear of all claims to the purchaser at the sale. The disposition of the proceeds derived from the sale of an estray at public auction will be as follows: 5.6.A Pay all handling fees to those entitled to receive them; 5.6.B Execute a report of sale of impounded stock; 5.6.0 The net proceeds remaining from the sale of the estray after the handling fees have been paid shall be delivered by the Animal Services Division to the City Treasurer. Such net proceeds shall be subject to claim by the original owner of the estray as provided herein. 5.6.D If the bids are too low, the Animal Services Division shall have the right to refuse all bids and arrange for another public auction or sealed bidding procedure. SECTION 5.7 RECOVERY BY OWNER OF SALE PROCEEDS: Within twelve (12) months after the sale of an estray under the provisions of this Article the original owner of the estray may recover the net proceeds of the sale that were delivered to the City Treasurer if: 5.7.A The owner has provided the Animal Services Division with an affidavit of ownership; and 5.7.B The Animal Services Division has approved the affidavit; and 5.7.0 The approved affidavit has been filed in the "Estray Book." 5.7.D After the expiration of twelve (12) months from the sale of an estray as provided by the Article, the sale proceeds shall escheat to the City of North Richland Hills. SECTION 5.8 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. SECTION 5.9. 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 Animal Services Division. The report shall be filed in the "Estray Book." SECTION 5.10 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. SECTION 5.11 ENCLOSURES: It shall be unlawful for any person to keep any horse, cow, cattle, sheep, or goats within one-hundred (100) feet of another resident or occupied 20 oirrmb 11/04/99 building, or any hog or pig within five-hundred (500) feet of another residence or occupied building; except that property containing at least three (3) acres of land, in Agriculture Zoning, with no more than five (5) 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. ARTICLE 6. LICENSING SECTION 6.1 VACCINATION: Every owner of a dog or cat three (3) months of age or older shall have such animal vaccinated against rabies. All such dogs or cats shall be re- vaccinated at one (1) year intervals thereafter. Any person establishing residence within the City of North Richland Hills shall comply with this ordinance within the (10) days of establishing such residency. If an unvaccinated dog or cat inflicts a bite, scratch, or otherwise attacks any person within the City limits, a rabies vaccine shall not be administered to the dog or cat until that animal is released from quarantine. SECTION 6.2 CERTIFICATE OF VACCINATION: Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog or cat 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: 6.2.A The name, address and telephone number of the owner of the vaccinated dog or cat; and 6.2.B The date of vaccination; and 6.2.0 The type of rabies vaccine used; and 6.2.D The year and number of the rabies tag; and 6.2.E The breed (s), age, color, and sex of the vaccinated dog or cat. SECTION 6.3 RABIES TAG: Concurrent with the issuance and delivery of the certificate of vaccination, the owner of the dog or cat 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. SECTION 6.4 LICENSE REQUIRED: All dogs and cats (3) months of age or older which are kept, harbored, or maintained within the corporate limits of the City of North Richland Hills shall be licensed. Cat and dog licenses shall be provided by the Animal Services Division or tier agent upon payment of the required fee for each cat or dog. Before a City License will be issued, the owner of the cat or dog must present a certificate from a licensed veterinarian showing that said cat or dog has been vaccinated for rabies within the preceding twelve (12) months. The owner shall state his name and address, and 21 11/04;99 the breed, color and sex of the cat or dog to be licensed. Said license shall be valid for one year from date of issuance. SECTION 6.5 FEES: A yearly license fee as set out in Ordinance No. 2425, shall be in effect with the passage of this ordinance for the following categories: 6.5.A Unaltered animal after January 1, 2000 after January 1, 2001 after January 1. 2002 6.5.B Altered animal 6.5.0 Altered animal whose legal owner is 65 years of age or older No fee 6.5.D Dogs which are professionally and specifically trained to assist disabled owner No fee 6.5.E Duplicate replacement tag 6.5.F Late Animal License Fee (past 30 days) SECTION 6.6 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 Animal Services 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. SECTION 6.7 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 Services Center. The area or premises in which such dog is confined shall be conspicuously posted with warning signs bearing letters not less than two (2) inches high, stating "GUARD DOG ON PREMISES." Said area of premises shall be subject to inspection by the Animal Services 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 Animal Services 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 ordinance. SECTION 6.8 REVOCATION OF LICENSE: 22 I a 11/04/99 6.8.A The Environmental Services Director or his/her agent may revoke any cat or dog license after a hearing for any one or more of the following reasons: 6.8.A.1 Impoundment of a cat or dog by the Animal Services Division more than two (2) times during a twelve (12) month period; or 6.8.A.2 More than two (2) final convictions of a person for violating this Article when such convictions relate to the cat or dog which is being considered for revocation of its license certificate; or 6.8.A.3 Any combination of (1) and (2) totaling three (3) incidents; or 6.8.A.4 Upon a determination that the animal is a Non-registerable Dangerous Dog, as defined in Article 11. 6.8.B Upon revoking the license of any cat or dog, the Animal Services Division shall notify the owner of the cat or dog 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 cat or dog's owner is deposited in the U.S. Mail. 6.8.C. Upon the expiration of the ten (10) days after written notification of revocation is deposited in the U. S. Mail, as provided above, no cat or dog which has had its license revoked shall be kept, maintained, or harbored within the city limits, and each twenty-four (24) hour period shall constitute a separate violation. SECTION 6.9 AUTHORITY TO CONDUCT LICENSE VERIFICATION PROGRAMS: the Animal Services Division 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. SECTION 6.10 LATE FEE: For the purpose of this ordinance, a late fee may be assessed under the following conditions: 6.10.A Failure to obtain a license for a dog or cat within thirty (30) days of that animal reaching three (3 ) months of age. 6.10.B Failure to renew license within thirty (30) days of expiration of current license. 6.10.0 Failure to obtain license within thirty (30) days of the animal taking up residence in North Richland Hills. SECTION 6;frVIOL`A11 R OTIGE Where violations of the licensing and/or rabies vaccination requirements of this ordinance are observed, any animal services 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 vela o ,._dot c s. ssuued waives all rights to protest such violation and waives all right- tissues relating to that 23 1.1/04/99 violation. All associated fees and late fees shall,be,pAid-tct the animal Services 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 ordinance and may result in the issuance of a citation. ARTICLE 7. ANIMAL BITES SECTION 7.1 REPORTING BITES/SCRATCHES: 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 twelve (12) hours report such treatment to the Animal Services 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. SECTION 7.2 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 Environmental Services Department 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. SECTION 7.3 QUARANTINE OF DOGS AND CATS: 7.3.A Any owned dog or cat which has bitten or scratched a person shall be observed for a period of ten (10) days from the date of the bite. The procedure and place of observation shall be designated by the investigating officer or responsible agency, in compliance with State Law. If the dog or cat is not confined on the owner's premises, confinement shall be by impoundment in the Animal Services Center, or at a veterinary hospital of the owner's choice, within a ten (10)mile radius of N orth Richland fills. Such confinement shall be at the owner's expense. Stray dogs and cats or those animals whose owner's cannot be located shall be confined in the Animal Services Center for a period of four (4) days and if unclaimed nay 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 or cat that has been reported to have inflicted a bite on any person shall, on demand, produce said dog or cat for impoundment, as prescribed in this Article. Home quarantine as defined in Article 2, may be allowed only in those incidents where permitted by State Law and agreed to by the Animal Services Division. Refusal to produce said dog or cat constitutes a violation of this Section and each day of such refusal shall constitute a separate and individual violation. 7.3.B Any wild, exotic or dangerous animal as defined in Article 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. 24 11/04/99 Those wild animals which are classified as "low risk" animals shall be handled as dictated by State Law. ' ARTICLE 8. GENERAL SECTION 8.1 CREATING A HEALTH HAZARD: 8.1.A Any person who shall harbor or keep on his/her premises, or in or about a premises under his./her control, an animal and who allows his/her premises to become a hazard to the general health and welfare of the community, or who shall allow his/her premises to give off obnoxious or offensive odors due to the activity or presence of such animals, shall be guilty of a misdemeanor. 8.1.B Any person who shall allow his/her animal to eliminate on public property or the property of another and does not remove same immediately shall be guilty of a misdemeanor. SECTION 8.2 TAMPERING WITH TRAPS AND EQUIPMENT: No person shall remove, alter, damage or otherwise tamper with a trap or equipment belonging to/set out by the Animal Services Division. SECTION 8.3 AUTHORITY TO DESTROY INJURED/DISEASED ANIMALS: The Animal Services Division or authorized representative, 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. SECTION 8.4 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 9. ANIMAL CARE SECTION 9.1 PROVIDE CARE: No owner shall fail to provide an animal in his/her care with sufficient good and wholesome food or water, adequate housing consisting of a three sided structure with a cover or roof, shelter and protection from weather, veterinary care when needed to prevent suffering, and with humane care and treatment. SECTION 9.2 CRUEL TREATMENT: No person shall 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. SECTION 9.3 ABANDONMENT: No person shall abandon an animal in his/her custody 25 11/04/99 SECTION 9.4 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. SECTION 9.5 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. SECTION 9.6 POISONOUS SUBSTANCE/TRAPS: 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. 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 use of humane box traps. SECTION 9.7 THEATRICAL EXHIBITS: All Theatrical Exhibits as defined herein shall, in addition to other requirements of this ordinance, comply with the minimum standards of this Section. Facilities shall be subject to inspection by an Animal Services officer upon his/her request during reasonable hours. 9.7.A 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. 9.7.B Each enclosure shall be maintained in comfortable and healthy temperature level as well as adequate ventilation. 9.7.0 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. 9.7.D 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 animal. 9.7.E No animal shall be caused to fight, wrestle or be physically matched against any other animal or person. 9.7.F No animal shall perform or be displayed in any dangerous situation presenting the danger of physical injury to the animal or person. 9.7.G The Animal Services Division must be notified of all displays or performances, including date, time and exact location at least forty-eight (48) hours in advance of a display or performance. 26 11/04/99 9.7.H No dog or cat may be killed for the purposes o,f.huriman.consumption orfor its.fur . within the city limits of North Richland Hills. No domestic animal may be killed for human consumption in such a manner.as to disturb the sensibilities of neighboring residences. SECTION 9.8 REMOVAL OF ANIMAL IN IMMEDIATE DANGER: Any animal observed by a police officer or animal services officer to be in immediate danger may be removed from such situation by the quickest and most reasonable means available. ARTICLE 10. BOARD/RIDING STABLES SECTION 10.1 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. 10.1.A 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. 10.1.B All equipment used for riding must properly fit each individual animal. 10.1.0 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. 10.1.D Flies and other insects must be controlled through general sanitation and necessary means. 10.1.E Animals let for riding/teaching purposes must be in good physical condition. 10.1.F 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. 10.1.F.1 Animals exhibiting the following shall be deemed unfit for work: 10.1.F.1 .a Sores of abrasions caused or likely to be irritated by the bearing of services, girth, harness or bridles, unless packing could be utilized. 27 11/04/99 10.1.F.1 .b Serious injury or illness. • 10.1.F.1.c Obvious signs of emaciation, malnutrition, lameness or exhaustion. 10.1.F.2 Animals requiring veterinary care shall not be moved, ridden or driven except for the purpose of humane keeping, pasturing or obtaining medical care. 10.1.F.3 Animals shall be properly shod, and the hooves shall be kept trimmed. 10.1.F.4 Animals shall be kept clean particularly in the areas in contact with harness or other tack. 10.1.F.5 Animals shall not be worked more than two (2) hours without being given a total of thirty (30) minutes rest. The maximum working period for any one animal shall be ten (10) hours out of every twenty four (24) hours. 10.1.F.6 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. 10.1.F.7 No animal shall be over-ridden or driven to result in overheating or exhaustion. 10.1.F.8 All tack, to include but not limited to harnesses, bridles, saddles, and blankets shall be kept cleaned and in good repair.. 10.1.F.9 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. SECTION 10.2 QUARANTINE: The Animal Services 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: 10.2.A Excessive parasitism diagnosed by a veterinarian which would cause the animals to be unfit to be ridden or driven. 10.2.B. General malnutrition as diagnosed by veterinarian. 10.2.0 Presence or suspicion of transmissible disease as diagnosed by a qualified veterinarian. SECTION 10.3 INSPECTION: Facilities shall be subject to inspection by an Animal Services Officer upon his/her request during reasonable hours. 28 11/04/99 'SECTYON.10.4 INSPECTION FEE: There shall be a fee, as set out in Ordinance No. 2425, for the inspection of facilities by the Animal.,Services Diyi ion. ARTICLE 11. DANGEROUS DOGS SECTION 11 .1 NON-REGISTERD DANGEROUS DOGS: No person shall own or harbor a non-registered dangerous dog within the City of North Richland Hills. Such an animal may be impounded as a public nuisance. If impoundment of said non-registered dangerous dog is being attempted away from the premises of the owner and the impoundment cannot be made with safety, the animal may be destroyed without notice to the owner or harborer. If an attempt is made to impound a non-registered dangerous dog from the premises of the owner or harborer and the impoundment cannot be made with safety, the owner or harborer will be given twenty-four (24) hours notice, that if that animal is not surrendered to the Animal Services Division for impoundment within said twenty-four (24) hour period, then the animal will be destroyed wherever it is found. After this notice, the non-registerable dangerous dog my be destroyed during an attempt to impound, if impoundment is attempted. Notice under this Article may be verbal or in writing. A written notice left at the entrance to the premises where the non- registered dangerous dog is harbored will be considered valid notice under this article. SECTION 11.2 DETERMINATION OF NON-REGISTERED DANGEROUS DOG: A dog is determined to be a non-registered dangerous dog if 11.2.A A dog is automatically determined to be non-registered if it commits acts as defined in Article 2.J.1 of this ordinance; or 11.2.B The Animal Services Division may find and determine a dog to be non- registered if: 11.2.B.1 Upon receipt of an Affidavit of Complaint signed by one or more individuals, made under oath before an individual authorized by law to take sworn statements or made at the Animal Services Center before a certified Animal Services Officer, setting forth an act described in Article 1.F.1 and set forth as follows: 11.2.B.1.a Nature and the date of the act described in Article 2.D.1; and 11.2.B.1.b the location of the event; and 11.2.B.1.c The name and address of the owner of the animal in question; and 11.2.B.1.d The description of the animal in question. 11.2.B.2 The Animal Services Division shall investigate the complaint and may determine that an animal is non-registered under this ordinance and/or State Law. 29 11/G4/99 11.2.0 The dog has been registered as, or finally determined or declared to be a . . dangerous dog either in North Richland Hills or in another city or county in Texas and has made an unprovoked attack on another person outside the dog's enclosure and caused injury to such person or a person assisting or intervening on behalf of such person: or 11 .2..D The owner of a dog determined to be a registered dangerous dog under this ordinance, or any previous other ordinance of this City or any other city or state law, cannot or will not comply with the requirements set out in this Article for the keeping of a registered dangerous dog. SECTION 11.3 NOTIFICATION OF DETERMINATION OF A NON-REGISTERED DANGEROUS DOG: 11 .3.A. Within five (5) working days of determining an animal non-registered, the Animal Services Division will notify, by verified mail, return receipt requested, the person owning the animal of its designation as a non-registered animal. In the event that certified mail cannot be delivered, that Animal Services Division may then give notice by ordinary mail to last known address of owner. For the purposes of this Section, notice may be delivered by the Animal Services Division in person to the owneriharborer 11.3.B If the animal is determined to be non-registered under this ordinance, the owner may appeal to the North Richland Hills Municipal Court within ten (10) days of notification. Failure to appeal the determination of non-registered dangerous dog shall result in the Animal Services Division's determination as final. SECTION 11.4 STATUS OF DOG PENDING APPEAL: Pending the outcome of the appeal to North Richland Hills Municipal Court, the animal must be confined at the Animal Services Center the cost of which shall be borne by the owner. If the dog in question is not in the possession of the Animal Services Center at the time of the declaration, the owner must surrender said dog to the Animal Services Division when ordered to do so by any animal services officer or police officer. If the owner fails to immediately surrender the dog, the Animal Services Division shall have the right to take the dog into its possession from the premises of the owner or elsewhere, wherever the dog may be found within the City limits. If the dog cannot be taken into custody by the Animal Services Division, it may be taken into custody under a search warrant for contraband issued by the North Richland Hills Municipal Judge or other Magistrate having jurisdiction. SECTION 11.5 DEFENSE TO DETERMINATION OF NON-REGISTERED DANGEROUS DOG: It is a defense to the determination of a dog as a non-registered dangerous dog and to the prosecution of the owner of that dog: 11.5.A If the threat, injury, or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the own of the animal; or 30 i 11/04/99 • 11 .5.B If the person was teasing, tormenting, abusing, or assaulting the animal or has, in the past, been reported to have teased, tormented, abused or assaulted the animal; or 11 .5.0 If the person was committing or attempting to commit a crime; or 11 .5.D If the dog was protecting or defending a person while in that person's control, from an unjustified attack or assault; or 11 .5. E If the dog was injured and responding to pain. SECTION 11.6 DISPOSITION ON NON-REGISTERED DANGEROUS DOG: 11.6.A. If the North Richland Hills Municipal Court upholds the determination by the Animal Services Division, the court shall order the dog to be euthanized in a safe and humane manner at the Animal Services Center. 11.6.B In the event the North Richland Hills Municipal Court reverses that determination, the dog in question shall be returned to or released to its owner provided the owner reimburses the City for any veterinary medical treatment administered to said dog while in the custody of the Animal Services Division. SECTION 11.7 REGISTERED DANGEROUS DOG: Shall refer to a dog determined dangerous under this Article or in compliance with State Law or that meets any of the following criteria: 11.7.A Any dog which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public or private property in an apparent attitude of attack such that the person reasonably believes that the animal will cause physical injury to the person; or 11.7.B Any dog that commits an unprovoked act in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and the act causes a person to reasonably believe that the dog will attack and cause bodily injury to that person; or 11.7.0 Any animal that has killed or seriously injured or caused to be seriously injured a domestic animal or a permitted restricted animal as defined in Article 12, without provocation while off the owner's property. SECTION 11.8 DETERMINATION OF REGISTERED DANGEROUS DOG: A dog is determined to be a registered dangerous dog if it meets the requirement(s) set out in Section 7 of this Article; and 11.8.A The owner of the dog in question knows of such an attack as defined in this Article; or 31 11/04/99 11 .8.B The owner is notified by the Animal Services Division that the dog in question is a registered dangerous dog. The Animal Services Division may find and determine a dog to be a registerable dangerous dog if 11.8.B.1 Upon receipt of an Affidavit of Complaint signed by one or more individuals, made under oath before an individual authorized by law to take sworn statements or made at the Animal Services Center before a certified animal services officer, setting forth an act described in Section 7 of this Article and set forth as follows: 11.8.B.1 .a nature and the date of the act described in Section 7; and 11.8.B.1 .b The location of the event; and 11.8.B.1.c the name and address of the owner of the animal in question; and 11.8.B.1 .d the description of the animal in question. 11.8.B.2 The Animal Services Division has been notified by another agency that the dog has been determined to be dangerous under the State Law or applicable ordinance of notifying city. SECTION 11.9 NOTIFICATION OF DECLARATION OF A REGISTERED DANGEROUS DOG: 11 .9.A. Within five (5) working days of determining a dog a registered dangerous dog, if written notification cannot be given personally to the owner of the dog the Animal Services Division will notify, by certified mail, return receipt requested, the person owning the animal of its designation as a registered dangerous dog. In the event the certified mail, return receipt requested, cannot be delivered, the Animal Services Division may then give notice by ordinary mail. 11 .9.B If the dog is determined to be registered under this ordinance, the notice shall inform the owner of the dog he/she may appeal the determination to Municipal Court no later than ten (10) days after the date the owner is notified of the determination. Failure to appeal the determination of registered dangerous dog within the ten (10) day period shall result in the Animal Services Division's determination becoming final. SECTION 11.10 STATUS OF DOG ON APPEAL: Pending the outcome of the appeal, the animal must be confined at a licensed veterinarian clinic or at the Animal Services Center, the cost of which shall be borne by the owner of the dog in question. If the dog in question is not in the possession of the Animal Services Center or a veterinary clinic at the time of the determination, the owner must surrender the said dog to the Animal Services Division when ordered to do so by any animal services officer or police officer. If the owner fails to immediately surrender the dog, the Animal Services Division shall have the right to take the dog into its possession from the premises of the owner or 32 11/04/99 • elsewhere, wherever the dog may be found within the City limits. If the dog cannot be taken into custody by the Animal Services.Division, it may be taken into custody under a search warrant for contraband issued by the Municipal Judge or other Magistrate having jurisdiction. SECTION 11 .11 DEFENSE TO DETERMINATION OF REGISTERED DANGEROUS DOG: Section 11 .5.A through Section 11 .5.E of this Article shall serve as a defense to the determination of a dog as a registered dangerous dog and to the prosecution of the owner of that dog. SECTION 11.12 DISPOSITION OF REGISTERED DANGEROUS DOG: 11 .12.A. If the Municipal Court upholds or has ever upheld under previous or other ordinances of this city or other cities or State Law, the determination by the Animal Services Division, the owner shall, no later than ten (10) days after the Determination Hearing comply with the provisions of this ordinance for the keeping of a registered dangerous dog in North Richland Hills and the dog shall be returned to the owner provided all costs involved in the impoundment, holding and medical treatment of said dog are paid. 11 .12.8 In the event the Municipal Court reverses that determination, the dog in question shall be returned to or released to its owner provided the owner has paid all veterinary medical costs administered to such dog while in the custody of the Animal Services Division. 11.12.0 If the Animal Services Division has information or belief, or has determined that a court of competent jurisdiction has ever made or upheld a determination of declaration that a dog is dangerous, or if the Animal Services Division has determined that a declaration or determination of dangerous dog became final for failure to appeal or any other reason, under previous or other ordinances of this City or other cities or State law, the Animal Services Division shall notify the person owning or keeping such dog in writing that the owner shall no later than ten (10) days after the date of the notice comply with the provisions of this ordinance for the keeping of a registered dangerous dog in North Richland Hills. SECTION 11.13 REQUIREMENTS FOR REGISTRATION AND POSSESSION OF A REGISTERED DANGEROUS DOG: Owner must register the dog at the Animal Services Center, and pay an annual fee. The registration shall not be transferable and shall expire one year from date of issuance. The Animal Services Center shall provide to the owner of the registered dangerous dog a tag which must be placed on the dog's collar and worn at all times; and 11.13.A The owner must comply with the following to register the dog: 11.13.A.1 Present proof of liability insurance or financial responsibility in the amount of at least one hundred thousand dollars ($100,00.00) to cover damages resulting from an attack by the dangerous dog which causes bodily injury to a person; and 33 • 11/G4/99 11.13.A.2 Present proof of current rabies vaccination of the registered dangerous dog; and 11.13.A.3 Present proof that the dog has been altered so as to prevent reproduction; and 11 .13.A.4 Present proof that the owner has attended the Responsible Pet Ownership class provided by the Animal Services Center; and 11 .13.A.5 The owner must provide a proper enclosure as defined in Article 2 of this ordinance and that proper enclosure must be inspected and approved by the Animal Services Division; and 11.13.A.6 The owner shall post a sign on his/her premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public street or highway. In addition, the owner shall conspicuously display a sign with a symbol warning, understandable by small children, of the presence of a dangerous dog; and 11.13.A.7 Owner shall caused to be placed around the dog's neck a collar indicating the dog is dangerous. This collar may be obtained at the Animal Services Center and must be worn at all times; and 11.13.A.8 The dog shall be implanted with a microchip identifying it ana this identifying number shalt be recorded with the agency where the animal "i reside` Further identification may be required and designated by the order of the Director of Environmental Services. 11.13.B When the registered dangerous dog is taken outside the approved proper enclosure, the animal must be securely muzzled in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting a person or other animal, and the dog must be restrained by a substantial chain or cable leash having a minimum tensile strength of one thousand (1,000) pounds and not to exceed six (6) feet in length; and 11.13.0 Prior to selling or moving the registered dangerous dog either inside or outside the City Limits of North Richland Hills , the owner must notify the Animal Services Division of his/her intentions. In the event the dog is moved permanently outside the City Limits of North Richland Hills, the owner must comply with the State Law in notifying the animal control authority in control of the area into which the dog has been moved. 11.13.D Anyone bringing a dog into the City Limits of North Richland Hills that has been declared dangerous by another animal control authority must notify the Animal Services Division of the new address where the dog will be kept and upon presentation of the dog's prior registration tag that has not expired, shall pay a fee, and the Animal Services Division shall issue a new tag to be placed on the 34 11/C4/99 • • 11.2.0 The dog has been registered as, or finally determined or declared to be a dangerous dog either in North Richland Hills or in another city or county in Texas and has made an unprovoked attack on another person outside the dog's enclosure and caused injury to such person or a person assisting or intervening on behalf of such person; or 11 .2..D The owner of a dog determined to be a registered dangerous dog under this ordinance, or any previous other ordinance of this City or any other city or state law, cannot or will not comply with the requirements set out in this Article for the keeping of a registered dangerous dog. SECTION 11.3 NOTIFICATION OF DETERMINATION OF A NON-REGISTERED DANGEROUS DOG: 11.3.A. Within five (5) working days of determining an animal non-registered, the Animal Services Division will notify, by verified mail, return receipt requested, the person owning the animal of its designation as a non-registered animal. In the event that certified mail cannot be delivered, that Animal Services Division may then give notice by ordinary mail to last known address of owner. For the purposes of this Section, notice may be delivered by the Animal Services Division in person to the owner/harborer 11 .3.B If the animal is determined to be non-registered under this ordinance, the owner may appeal to the North Richland Hills Municipal Court within ten (10) days of notification. Failure to appeal the determination of non-registered dangerous dog shall result in the Animal Services Division's determination as final. SECTION 11.4 STATUS OF DOG PENDING APPEAL: Pending the outcome of the appeal to North Richland Hills Municipal Court, the animal must be confined at the Animal Services Center the cost of which shall be borne by the owner. If the dog in question is not in the possession of the Animal Services Center at the time of the declaration, the owner must surrender said dog to the Animal Services Division when ordered to do so by any animal services officer or police officer. If the owner fails to immediately surrender the dog, the Animal Services Division shall have the right to take the dog into its possession from the premises of the owner or elsewhere, wherever the dog may be found within the City limits. If the dog cannot be taken into custody by the Animal Services Division, it may be taken into custody under a search warrant for contraband issued by the North Richland Hills Municipal Judge or other Magistrate having jurisdiction. SECTION 11.5 DEFENSE TO DETERMINATION OF NON-REGISTERED DANGEROUS DOG: It is a defense to the determination of a dog as a non-registered dangerous dog and to the prosecution of the owner of that dog: 11.5.A If the threat, injury, or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the own of the animal; or 30 11/04/99 • • 11 .5.B If the person was teasing, tormenting, abusing, or assaulting the animal or has, • in the past, been reported to have teased, tormented, abused or assaulted the animal; or 11 .5.0 If the person was committing or attempting to commit a crime; or 11 .5.D If the dog was protecting or defending a person while in that person's control, from an unjustified attack or assault; or 11.5. E If the dog was injured and responding to pain. SECTION 11.6 DISPOSITION ON NON-REGISTERED DANGEROUS DOG: 11.6.A. If the North Richland Hills Municipal Court upholds the determination by the Animal Services Division, the court shall order the dog to be euthanized in a safe and humane manner at the Animal Services Center. 11.6.B In the event the North Richland Hills Municipal Court reverses that determination, the dog in question shall be returned to or released to its owner provided the owner reimburses the City for any veterinary medical treatment administered to said dog while in the custody of the Animal Services Division. SECTION 11.7 REGISTERED DANGEROUS DOG: Shall refer to a dog determined dangerous under this Article or in compliance with State Law or that meets any of the following criteria: 11.7.A Any dog which, when unprovoked, chases or approaches a person upon the streets, sidewalks, or any public or private property in an apparent attitude of attack such that the person reasonably believes that the animal will cause physical injury to the person; or 11.7.B Any dog that commits an unprovoked act in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and the act causes a person to reasonably believe that the dog will attack and cause bodily injury to that person; or 11.7.0 Any animal that has killed or seriously injured or caused to be seriously injured a domestic animal or a permitted restricted animal as defined in Article 12, without provocation while off the owner's property. SECTION 11.8 DETERMINATION OF REGISTERED DANGEROUS DOG: A dog is determined to be a registered dangerous dog if it meets the requirement(s) set out in Section 7 of this Article; and 11.8.A The owner of the dog in question knows of such an attack as defined in this Article; or 31 11/04/99 11 .8.B The owner is notified by the Animal Services Division that the dog in question is a registered dangerous dog. The Animal Services Division may find and determine a dog to be a registerable dangerous dog if 11.8.B.1 Upon receipt of an Affidavit of Complaint signed by one or more individuals, made under oath before an individual authorized by law to take sworn statements or made at the Animal Services Center before a certified animal services officer, setting forth an act described in Section 7 of this Article and set forth as follows: 11.8.B.1.a nature and the date of the act described in Section 7; and 11.8.B.1.b The location of the event; and 11.8.B.1.c the name and address of the owner of the animal in question; and 11.8.B.1.d the description of the animal in question. 11.8.B.2 The Animal Services Division has been notified by another agency that the dog has been determined to be dangerous under the State Law or applicable ordinance of notifying city. SECTION 11.9 NOTIFICATION OF DECLARATION OF A REGISTERED DANGEROUS DOG: 11.9.A. Within five (5) working days of determining a dog a registered dangerous dog, if written notification cannot be given personally to the owner of the dog the Animal Services Division will notify, by certified mail, return receipt requested, the person owning the animal of its designation as a registered dangerous dog. In the event the certified mail, return receipt requested, cannot be delivered, the Animal Services Division may then give notice by ordinary mail. 11.9.B If the dog is determined to be registered under this ordinance, the notice shall inform the owner of the dog he/she may appeal the determination to Municipal Court no later than ten (10) days after the date the owner is notified of the determination. Failure to appeal the determination of registered dangerous dog within the ten (10) day period shall result in the Animal Services Division's determination becoming final. SECTION 11.10 STATUS OF DOG ON APPEAL: Pending the outcome of the appeal, the animal must be confined at a licensed veterinarian clinic or at the Animal Services Center, the cost of which shall be borne by the owner of the dog in question. If the dog in question is not in the possession of the Animal Services Center or a veterinary clinic at the time of the determination, the owner must surrender the said dog to the Animal Services Division when ordered to do so by any animal services officer or police officer. If the owner fails to immediately surrender the dog, the Animal Services Division shall have the right to take the dog into its possession from the premises of the owner or 32 11/04/99 • elsewhere, wherever the dog may be found within the City limits. If the dog cannot be taken into custody by the Animal Services'Division, it may be taken into cusfody under a search warrant for contraband issued by the Municipal Judge or other Magistrate having jurisdiction. SECTION 11.11 DEFENSE TO DETERMINATION OF REGISTERED DANGEROUS DOG: Section 11.5.A through Section 11.5.E of this Article shall serve as a defense to the determination of a dog as a registered dangerous dog and to the prosecution of the owner of that dog. SECTION 11 .12 DISPOSITION OF REGISTERED DANGEROUS DOG: 11 .12.A. If the Municipal Court upholds or has ever upheld under previous or other ordinances of this city or other cities or State Law, the determination by the Animal Services Division, the owner shall, no later than ten (10) days after the Determination Hearing comply with the provisions of this ordinance for the keeping of a registered dangerous dog in North Richland Hills and the dog shall be returned to the owner provided all costs involved in the impoundment, holding and medical treatment of said dog are paid. 11.12.B In the event the Municipal Court reverses that determination, the dog in question shall be returned to or released to its owner provided the owner has paid all veterinary medical costs administered to such dog while in the custody of the Animal Services Division. 11.12.0 If the Animal Services Division has information or belief, or has determined that a court of competent jurisdiction has ever made or upheld a determination of declaration that a dog is dangerous, or if the Animal Services Division has determined that a declaration or determination of dangerous dog became final for failure to appeal or any other reason, under previous or other ordinances of this City or other cities or State law, the Animal Services Division shall notify the person owning or keeping such dog in writing that the owner shall no later than ten (10) days after the date of the notice comply with the provisions of this ordinance for the keeping of a registered dangerous dog in North Richland Hills. SECTION 11.13 REQUIREMENTS FOR REGISTRATION AND POSSESSION OF A REGISTERED DANGEROUS DOG: Owner must register the dog at the Animal Services Center, and pay an annual fee. The registration shall not be transferable and shall expire one year from date of issuance. The Animal Services Center shall provide to the owner of the registered dangerous dog a tag which must be placed on the dog's collar and worn at all times; and 11.13.A The owner must comply with the following to register the dog: 11.13.A.1 Present proof of liability insurance or financial responsibility in the amount of at least one hundred thousand dollars ($100,00.00) to cover damages resulting from an attack by the dangerous dog which causes bodily injury to a person; and 33 • 11/04/99 • 11.13.A.2 Present proof of current rabies vaccination of the registered dangerous dog; and 11 .13.A.3 Present proof that the dog has been altered so as to prevent reproduction; and 11.13.A.4 Present proof that the owner has attended the Responsible Pet Ownership class provided by the Animal Services Center; and 11.13.A.5 The owner must provide a proper enclosure as defined in Article 2 of this ordinance and that proper enclosure must be inspected and approved by the Animal Services Division; and 11.13.A.6 The owner shall post a sign on his/her premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public street or highway. In addition, the owner shall conspicuously display a sign with a symbol warning, understandable by small children, of the presence of a dangerous dog; and 11.13.A.7 Owner shall caused to be placed around the dog's neck a collar indicating the dog is dangerous. This collar may be obtained at the Animal Services Center and must be worn at all times; and 11.13.A.8 The dog shall be implanted with a microchip identifying it and this identifying number shad be recorded with theagency where the animal re.sideei Further identification may be required and designated by the order of the Director of Environmental Services. 11.13.8 When the registered dangerous dog is taken outside the approved proper enclosure, the animal must be securely muzzled in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting a person or other animal, and the dog must be restrained by a substantial chain or cable leash having a minimum tensile strength of one thousand (1,000) pounds and not to exceed six (6) feet in length; and 11.13.0 Prior to selling or moving the registered dangerous dog either inside or outside the City Limits of North Richland Hills , the owner must notify the Animal Services Division of his/her intentions. In the event the dog is moved permanently outside the City Limits of North Richland Hills, the owner must comply with the State Law in notifying the animal control authority in control of the area into which the dog has been moved. 11.13.D Anyone bringing a dog into the City Limits of North Richland Hills that has been declared dangerous by another animal control authority must notify the Animal Services Division of the new address where the dog will be kept and upon presentation of the dog's prior registration tag that has not expired, shall pay a fee, and the Animal Services Division shall issue a new tag to be placed on the 34 11/04/99 dog's collar. This owner must also comply with all requirements set out in this ordinance. SECTION 11.14 ATTACK BY REGISTERED DANGEROUS DOG: The owner of a dangerous dog shall notify the Animal Services Division immediately of any attacks the dog makes on people or animals SECTION 11 15 APPEAL FROM MUNICIPAL COURT: Any appeal of the decision or order of the Municipal Court of North Richland Hills shall be made within twenty (20) days in the same manner as appeal from civil cases originating in the Justice of the Peace Courts of the State. The Municipal Court shall order the appellant to post supersede bond payable to the City of North Richland Hills in an amount not less than ten thousand dollars ($10,000). The form of the bond shall be as prescnbed in the laws pertaining to civil appeals originating in the Justice of the Peace Courts in this State. The appellant shall be responsible for the cost of appeal. SECTION 11.16 DEFENSE TO PROSECUTION FOR VIOLATION OF REGISTERED DANGEROUS DOG: It is a defense to prosecution of Section 11.14 that the person is: 11.16.A Vetennarian, peace officer, employee of the City of North Richland Hills in the performance of his/her duties; or 11.16 B An employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes; or 11.16.0 A dog trainer or an employee of a guard dog company, while in the performance of his/her duties, under the Texas Private Investigators and Pnvate Security Agencies Act in State Law. SECTION 11.17 PENALTIES FOR VIOLATION OF THIS ARTICLE: 11.17.A It shall be a violation of this ordinance if the person is the owner of a registered dangerous dog and the dog makes an unprovoked attack on another person out- side the dog's proper enclosure and causes bodily injury to the other person whether or not the dog was on a leash and securely muzzled or whether or not the dog escaped without fault of the owner. 11 17.B It shall be a violation of this ordinance if the person is the owner of a registered dangerous dog and that dog kills or wounds a domestic animal while outside the dog's proper enclosure whether or not the dog was on a leash and securely muzzled or whether or not the dog escaped without fault of the owner. 11.17 C It shall be a violation of this ordinance if the person is the owner of a registered dangerous dog and that dog attacks a person who gains access to the proper enclosure due to negligence on the part of owner or owner agent. 35 11/04/99 11 17 D In addition to criminal prosecution, a person with commits an offense under this Article is liable for a civil penalty not to exceed ten thousand dollars ($10,000). The City Attorney of North Richland Hills may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the City of North Richland Hills ARTICLE 12. WILD / EXOTIC / DANGEROUS ANIMALS SECTION 12.1. 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. SECTION 12.2 PROHIBITED ANIMALS: No person may possess a venomous reptile, elephant, rhinoceros, skunk, raccoon, fox, coyote, bat, lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, hyena, bear, 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. SECTION 12.3 RESTRICTED ANIMALS: No person may possess any individual species or subspecies of any of the following animals without a permit issued through the Animal Services Division: ferret, miniature pig not to exceed 100 pounds in weight. SECTION 12.4 NON-VENOUS REPTILES. Shall be registered with the Animal Services Division and shall meet all requirements set out in Section 12.5.B of this Article. SECTION 12.5 PERMIT REQUIREMENT FOR RESTRICTED ANIMAL OWNERSHIP: Any person who wishes to possess a restricted animal in the City Limits of North Richland Hills must: 12 5.A Apply for said permit at the Animal Services Center and provide the following information and documentation: 12.5.A.1 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 Animal Services Division. 12.5.A.2 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 Animal Services Division. 12.5.A.3 Information relating to the owner including emergency telephone numbers and telephone numbers for their veterinarian in case of emergencies. 36 11/04/99 • 12 5 A.4 Present proof of liability insurance or financial responsibility Jr, the amount of one-hundred thousand dollars ($100,000.00) to cdver the damages resulting from an escape and /or attack by the animal to be permitted. 12.5 A.5 Owner has attended a course approved by the Animal Services Division in the care and maintenance of the animal in question and presents proof of satisfactory completion to the Animal Services Division. 12.5.8 Before a permit is issued the Animal Services Division shall inspect the facility where the animal is to be kept, which must meet the following criteria: 12.5.B.1 Each enclosure must provide adequate exercise area and sleeping quarters. 12 5.B.2 Proper temperature control and ventilation for the particular species must be provided in both areas. 12 5.6.3 Each enclosure must be kept locked and designed so that no one can enter or place appendages in the enclosure. 12 5.B.4 Each enclosure must be constructed so as to prevent the animal from escaping. 12.5.6.5 Each enclosure must be kept in good repair to prevent both escape and injury to the animal. 12.5.6.6 Each enclosure must have a water container which is secured so as to prevent its being overturned. 12.5.8.7 Each enclosure must be cleaned daily. 12 5.0 Owners keeping permitted restricted animals as pets inside their residence are not required to provide for the requirements of 12.5.A.1 through 12.5.A.7 above, except there must be separate sleeping quarters. The animal(s) must remain in the owners home or in the prescribed enclosure, if outdoors. If transported to the veterinarian, the animal must be kept in an escape-proof cage previously approved by the Animal Services Division. 12.5.D Each animal must be provided with continuous clean water and must be fed a diet approved by a licensed veterinarian. 12.5.E Any animal which has bitten or scratched someone must be immediately surrendered to the Animal Services Division for euthanasia and testing by the Texas Department of Health.(T.D.H.) A live test approved by T.D.H. may be substituted for euthanasia. 37 1 Iif 1/99 12.5 F A fee for restricted animal.permit shall charged apd the permit shall expire one year from date of issuance and shall not be transferable. SECTION 12 6 VIOLATION OF PERMIT REQUIREMENTS: Failure to comply with the permit requirements shall constitute a violation of this Article and each day of non-compliance shall constitute a separate offense SECTION 12 7 EXEMPT: The Article does not apply to: 12 7 A Zoological park accredited by the American Association of Zoological parks and Aquariums 12.7 B Federally-licensed research institutions. 12.7 C Any government agency or its employee who use the animals for an agency related to education, propagation, or behavior program. 12.7.0 Anyone holding a valid rehabilitation permit from Texas Parks and Wildlife but only for animals which are in rehabilitation and scheduled to be released to the wild. SECTION 12 8 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 ordinance shall have thirty (30) days from passage to obtain permit required by this ordinance. From and after said thirty (30) day period, said person who fails to obtain a permit shall be in violation of this ordinance. ARTICLE 13. PENALTIES/ SEVERANCE / REPEALER SECTION 13.1 PENALTY FOR VIOLATION: Any person who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed two hundred dollars ($200.00). Each day of violation shall constitute a separate offense. SECTION 13.2 SEVERANCE CLAUSE: If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION 13.3 REPEALER: All ordinances and parts of ordinances in conflict here with are hereby repealed on the effective date of this ordinance, which will be ten (10) days from passage and publication as required by law. Passed and Approved this day of ,1998 ,Mayor 38 • -I V14/99 ATTEST.• , Patncia Hutson, City Secretary Approved as to form and legality Rex McEntire, City Attorney 39 CITY OF NORTH RICHLAND HILLS Department: Environmental Services Council Meeting Date: 11/08/99 Subject. Consider Ordinance No. 2425 To Provide Fees for Agenda Number GN 99-132 Animal Services Ordinance 2425, provides fees for Animal Services. These fees relate to Ordinance No. 2424 that is also presented for your consideration. This ordinance represents a consolidation of all fees related to animal services as required by Ordinance No. 2424. This is similar to the recent consolidation of Consumer Health Fees that was passed by the City Council in September. It should be noted that many of these fees have not been increased since the Animal Services Center opened in 1987. This ordinance contains all of the existing fees, some with increases, and several new proposed fees. Please note that several of these fees were addressed during the presentation of the cost recovery study in September. The following represents proposed changes to existing fees and recommendations for additional fees. Proposed new fees are listed in bold lettering for your convenience. • Impoundment fees: • Increase first impoundment of an altered dog or cat from $10.00 to $15 00 • Increase first impoundment of an unaltered dog or cat from $25 to $40 • Increase second impoundment of an unaltered dog or cat from $50 to $75 • Increase board fee per night from $6 to $10 • Increase quarantine per night fee from $10 to $12 • License Fees • Increase fees for unaltered dogs and cats on a graduated time scale • The current fee, in effect since 1992, is $10.00 • After January 1,2000 $12 • After January 1, 2001 $15 • After January 1, 2002 $20 • Leave fee for altered dogs and cats at $4.00 to encourage neutering • Riding Stables: Fee for inspection of riding stable: $25 Finance Review Source of Funds: Account Number Bonds(GO/Rev.) Sufficient Fundvatabie Operating Budget Other _ n,ds Finance Director 221A,51 12{ nag 17-Aii n"�✓ Department Head Signature fifty Manager 5gnatLre CITY OF NORTH RICHLAND HILLS • Kennel & Multipet Households: • Boarding Kennel/Cattery $75 • Class A Kennel/ Cattery $75 • Class B Kennel / Cattery $30 • Class C Kennel / Cattery $75 • Pet Shop $75 • Multi-Cat Household $10.00 • Multi-Pet Household Increase fee from $10 to $15 • Control and Violation Notices • Control Notice in lieu of citation for violation of"running at large" $25 • Violation Notice in lieu of citation for violation of licensing $25 In addition to the fee section, Section 9 provides for adjustment for consumer pnce index that will permit the Director of Finance to review these fees annually and adjust fees accordingly. The Finance Director has reviewed and concurs with this Ordinance providing animal services fees. If approved, this ordinance would become effective after its date of passage and publication as provided by law. Recommendation: To approve Ordinance 2425, providing fees for Animal Services • ..,r....... a..r...•, Erna 10-28-99 ORDINANCE NO. 2425 Be it ordained by the City Council of North Richland Hills, Texas, that: ARTICLE 1. PREAMBLE WHEREAS, THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HAS DETERMINED THAT THE REGULATION OF ANIMALS IS NECESSARY FOR THE HEALTH, SAFETY AND WELFARE OF THE INHABITANTS OF AND THE ANIMALS IN THE CITY. IT IS THEREFORE ORDAINED THAT AN ORDINANCE ESTABLISHING FEES AS REQUIRED IN ORDINANCE NO. 2424 BE ADOPTED. ARTICLE 2. ENVIRONMENTAL SERVICES ORDINANCE SECTION 1. The North Richland Hills Environmental Services Ordinance No. 2424 as adopted by the City of North Richland Hills, effective -= and as amended thereafter and hereby referenced and adopted as part of this Ordinance. ARTICLE 3. FEES The following fees are established beginning with the effective date of this ordinance. SECTION 1 FEES RELATED TO IMPOUNDMENT & SURRENDER OF DOGS AND CATS: 1.1 Impoundment of Altered Animal 1.1.A First Impoundment $ 1.1.B Second Impoundment $ 50.00 1.1.0 Third Impoundment $100.00 1.2 Impoundment of Unaltered Animal 1.2.A First Impoundment $,,40.00 1.2.B Second Impoundment $ 75.00 1.2.0 Third Impoundment $100.00 1.3 Boarding Fee/Night $ 10.00 4 _ 10-28-99 1.4 Quarantine Fee/Night $ 12.00 O1.5 Surrendered Animals 1.5.A Animal surrendered by NRH resident $10.00 1.5.B Animal surrendered by non-resident $25.00 1.5.0 Large animals surrendered $50.00 1.6 Dog/Cat wearing current license tag and impounded for first time is eligible for 50% reduction in impoundment fee. 1.7 When an unaltered animal has been impounded, a fifteen dollar ($15.00) rebate will be given to the owner if proof that the animal has been altered is presented within thirty (30) days of the initial impoundment. SECTION 2: FEES RELATED TO LICENSING: 2.1 Unaltered animal $10.00 after January 1, 2000 $12.00 after January 1, 2001 $15.00 after January_'1 2002 $20.00 ® 2.2 Altered animal $ 4.00 2.3 Altered animal whose legal owner is 65 years of age or older No fee 2.4 Dogs which are professionally and specifically trained to assist disabled owner No fee 2.5 Duplicate replacement tag $ 1.00 2.6 Late Animal License Fee (past 30 days) $10.00 2.7 Guard Dog $10.00 SECTION 3. FEES RELATED TO ESTRAYS 3.1 Impoundment of estray $50.00 3.2 Board per night $15.00 SECTION 4. FEE FOR INSPECTION OF RIDING STABLES $25.00 SECTION 5 FEES RELATED TO REGISTERED DANGEROUS DOGS 5.1 Registered Dangerous Dog $50.00 10-28-99 5.2 Dog declared dangerous by another entity $25.00 SECTION 6. FEE FOR RESTRICTED ANIMAL PERMIT $50.00 SECTION 7. FEES REA ti 1T_ . *-0*si* :._ N L ! i 6RIES MULTIPLE PET OWNERS] 7.1 Boarding KenneITMMIIIIIIIMME1111111EMOO 7.2 Class A Kennel f'Gatte" 75:00 7.3 Class B Kenn' u._'Ca e 0, 7.4 Classenne 5.00 7.5 Pet Shop= 7.6 Multi-Pet Household $15.00 7.7 Multi-Cat Household $10.00 SECTION 8 CONTROL`S VIOLATION NOTICES 8.1 Control Notice 8.2 Violation=Noti Q4 5 SECTION 9. 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 preceding twelve months as established by the Department of Commerce. This Ordinance shall be in full force and in effect from the date of passage and approval: Passed and approved this day of 1999. Charles Scoma, Mayor ATTEST; 3 10-28-99 • Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY; Rex McEntire, Attorney for City CITY OF NORTH RICHLAND HILLS Department: Public Works Department Council Meeting Date. 11/08/99 Subject. Approve City-Developer Agreement for CIP Water& Sewer Agenda Number: PW 99-021 System Improvements with PRT Development Corporation for Brentwood Estates Addition, Block 4, Lots 1R1, 2R1, 3R-7R — Resolution No. 99-84 In accordance with the State law and the City's Impact Fee Ordinance No. 2241, any eligible water or wastewater projects constructed by the City or Developer can receive reimbursement from the Impact Fee Fund Projects which are eligible are those shown in the current Impact Fee Study to be in the 10-year Capital Improvements Program. Each eligible project listed in the study has been evaluated to determine to what percent of its total capacity does it serve future development. This percentage is used to determine the maximum amount of its total cost the City will reimburse. This agenda item, as well as the next four items are concerned with reimbursement of impact fee funds to developers for construction of eligible projects. PRT Development (Developer) is ready to install the water and sanitary sewer lines which will serve the Brentwood Estates Addition. The 8" water line (P.8857), 10" water line (P.8242) and 8" sanitary sewer line (L8-1.4) are included in the Water and Wastewater Impact Fee Study (Study) dated July 31, 1997 by Knowlton-English-Flowers, Inc. The improvements as outlined in the Study are eligible for reimbursement based on a maximum total cost of up to $98,508.84 times the appropriate percentage. On this project this reimbursement amount calculates to a maximum of $63,467 52. Upon Council's approval of this agreement and in accordance with the Impact Fee Ordinance No. 2241, the Developer will receive reimbursement upon completion and acceptance of the improvements. The final reimbursement will not exceed $63,467 52. Recommendation To pass Resolution No 99-84 Finance Review Source of Funds Account Number 401-0000-712.79-00 Bonds (GO/Rev ) Sufficient Funds Available Operating Budget Other /II n��� • Finance Director < i � rJfne �d Signature I I Manager Sig.- e Page 1 of RESOLUTION NO. 99-84 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby, authorized to execute the attached City- Developer Agreement with PRT Development Corporation concerning impact fee reimbursement for water and wastewater main construction for Brentwood Estates, Lots 1R1, 2R1, and 3R-7R, Block 4, as the act and deed of the City of North Richland Hills, Texas. PASSED AND APPROVED this the 8th day of November, 1999 APPROVED. Charles Scoma, Mayor ATTEST Patricia Hutson, City Secretary APPROVED AS TO FO 'AND LEGALITY: Rex McEntir , Attorney for the City APPROVED AS TO CONTENT: f `i 0 ✓AL IF Gregory . Dicke s, Public Wo s Director CITY OF NORTH RICHLAND HILLS, TEXAS CITY-DEVELOPER AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THE COUNTY OF TARRANT: That, PRT Development Corporation of the County of Dallas, State of Texas, hereinafter called "Developer" and the City of North Richland Hills, Tarrant County, State of Texas, hereinafter called "City", enter into the following contract: In consideration of the mutual covenants herein contained and for the purpose of providing water and sewer system improvements as indicated in the construction documents titled "Brentwood Estates, Block 4, Lots 1RI, 2R1 and 3R-7R" the Developer and the City hereto agree: 1 The developer has paid to the City all processing fees and has furnished the necessary permits, easements, and right-of-way as required for the construction of the above referenced facilities. In addition, the Developer has delivered construction plans, specifications and all other necessary contract documents prepared by a registered professional engineer, and will also furnish construction surveying, cut sheets and field adjustments. 2. The Developer has entered into a contract with the Contractor who will perform the work and who will be paid by the Developer as specified in the construction contract documents. Monthly pay estimates shall be subject to City's review. 3. The Developer agrees to provide, at no cost to the City, all testing necessary to insure that the construction is in accordance with the project specifications and the City standards. 4 The Developer understands and agrees that he has no authority to cancel, alter or amend the terms of the construction contract without specific written authority of the City, and that he shall be responsible for paying the costs of any cancellations, additions, alterations or amendments to the contract unless specifically provided otherwise by written authorization from the City. 5. The contractor has provided to the City, on City forms, 2-year maintenance bonds in the amount of twenty (20%) percent of the contract price. 6. The City agrees to participate in the cost of the facilities after construction is complete and accepted The description and amount of participation is as follows In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee Brentwood Estates, Block 4 Pagel f4 Ordinance, the City will reimburse the Developer the eligible impact fee funds for the proposed improvements. The City shall only reimburse the Developer the amount agreed upon below, after the construction of the improvements is complete and accepted by the City. If the actual amount paid to the contractor is less than the bid amount, the City participation will be reduced accordingly. WATER AND WASTEWATER IMPACT FEE STUDY dated July 31, 1997; Maximum Total Cost per Total Cost Eligible City's Facilities Study per Bid Percent Participation WATER: 8" Water line: P.8857 $25,961 35 $12,965.98 73.38% $ 9,514.44 South property line of Lot 4R to south property line of Lot 6R Brentwood Estates, Block 4 adjacent to west ROW line of Davis Boulevard. 10" Water line: P 8242 $54,009 88 $33,198.00 73.38% $24,360.69 Northeast corner of Lot 6R to +/- 25 feet west of property line of Lot IR1, Brentwood Estates, Block 4 adjacent to south ROW line of North Tarrant Parkway SEWER: 8" Sewer line: L8-1 4 $46,212.45 $34,337 88 86 18% $29,592.39 South property line of Lot 4R to south property line of Lot 6R adjacent to Davis Boulevard west ROW line and west from Davis Boulevard to west property line of Lot 2R1 Total $126,183.68 $80,501 86 $63,467.52 Total Max. Reimbursement $63,467.52 Brentwood Estates. Block 4 Page 2 of 4 7. The City will provide the inspections as required and upon satisfactory completion of the work, the City will accept ownership and operation of the system subject to the terms of the maintenance bonds. 8 The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents, and employees from all suites, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said developer, his contractors, subcontractors, officers, agents, or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of North Richland Hills, its officers, agents, servants, employees, contractors or subcontractors 9. Upon completion of the work, good and sufficient title to all facilities constructed warranted free of any liens or encumbrances is hereby vested in the City of North Richland Hills 10. Special provisions: None Brentwood Estates, Block 4 Page 3 of 4 IN WITNESS WHEREOF, the parties to these presents have executed this Comr act in four(4) connterpans.each of which shall be deemed an original on this the Sao say of A#p cosec- .1999. PRT DEVELOP t CO- ?ORATION i By aria K Gmeinefe,"/ STATE OF TEXAS COUNTY Al This t was acknowledged Al before me on d F Md f e 3 iogo by J�E/TH • UP A57.eu[7i0•4PRT Development C mporatloa Commission Expires: 8/ic /01 oicio a - IQ) Notary Pub/Signature / �Nn (SEAL) - J‘i A . I19-4 cot 4 i PENNY A.TAYLOR kti cowis toccs Notary Public Printed Name aw..t 70,mm CITY OF NORTH RICHLAND ITII t S Larry J. Cunningham, City Manager ATTEST: AP• ' t •c: ' FORM rs AlITY Patricia Hutson, City Secretary A.c. ... City Sowed 6.afar.Sark• —Lea i - k— I ‘1 ---'-- -8019 P.8240 _. .��< IL'r I� . I - -- -__- - ------ �i\\ � i ?CI- -- d!. �(_ _ _ l 5c\L;a ��\\ -. '� 73 9651 _J .:I r- '.1 \'C,\��j1 ic• . , d 'i j" - - ' °- '- --2.0.MG ES •'.3156 \`\ - _-•F �� C [r Js-`51� �i•:, "93. m _ 2LZ �.\\\I a _ sus. q \:4.,' —. `\\} t.i15Z^°" ' kiit"^ o 7264 �`!i'- .{�5j� ♦ •c\ .va `• _ _ _ - . . -_ _mod» �.r. -\ef, °-. Y\\ \':,- \YL, _ 487.\ ?\`a_' -- - N- --- ,.-3- 5-8810 . 54s6 \' v32ss>:z•",1;8i.:,pt09- ' 3:;0- : _ , -r - - __8924__x_ - - - - 89 \\i ` TapZ /pJ.y?'•;"' •\y\ -•\ 5459 !. 6622 . .4\, ,,\., 69/ '\\ \`,\ . ::." T. 8921 • - ' - C`6"P.84te\\:;552.3 ' .7o ea a_ . `_\>i_C 13:62 �T1T 96 9 8914 :972 -5450 • .; f'8Z}'�_' ,:iii 47 \ \s \ :o•'.,`:•a \\ != IFrg • e94. too \\vaj\� '0 0\ �\\q� 4'�; \\`\\<„00 `t` \\` • Fa'i -c. .i w \\�„\. \\ cwt \ � \,,:C \ i\�\� J ' _ Ja \' a� \\\ 8943 , �J1s \ =\N‘CSy,t I !' )" \ X,'=, --' 'an'-, . ‘ - -- __- - .eJ V' - N \ : 0y "ti„�,\.. \\,...-.3. -0;;.• ' : l\ •••-\\\\• \ Mt\\ . \ '.•4'-e0 r Bg77 85nr:? `< \ \ e. _ i 1 ar\ C\\\�\\\,.0;2\\:\x\5"•'1' � ,�;s- - _e �.: ,,,, J., • I , ,�t*tca�i. i\„N\`_. - 7. eau ;,ZC\�•<.,N 9.. w 6851 ."_ - \b\N. ,�a \ — 1 _- - a 8852 1 6655 -_ 0020 E6\\ \ ;�\\4f \` ▪ ''?,� ^ 88944 _ .I --. - 8909 ';C1,\;;t.;'.,C o ` ' du e; `�Bi> % 2313 - --, -- - \� .�$. \' ' \.�4`: ,.\--_ :_ ---np y\ \d v 1 ''m �plp 47 9878 82,37,.., p893f ti;\�\,D \ i _ s,\\\: 696 iaati-4 .-\1`1� .\ \ _ 02,r,3,,3,:,• ` - _. __ ___�" \`\-`r^=L; ` °iC ;902] h - -.,I:i\8945 • _ g .- 3, . •\`. `\\t:,.`\-`;' ''i,\'✓L`-4: -? _ _ • \ 2312 9( \. � • \ ;•Bird; .\\ ..` -a ,` ,�948 7037 ' m , .co :33t I1 co :- li ^�}�\\. 9027 °' b]S- 0 /.y '� W I\7, 1 ' .111 ._"_.--n\ erP.82515327 Yom '..° N6-P.82 :\.�. : . --2=rm - r.>I• • is-", 10-P.8 3 ="- 0-P.8903 : - P�B847 iiTw 6004 -��'^s � _ -- - . . - ,4 \U, i , Co 5323 . � 57°3'3214 n� n - - ., 51331 .,=i m• I,,• a3 I - >.� -- - 8332 ., __� I ' .; — I 1 ,1 - _ - — \ ,Y111 I I �9+ • ' - I-" . —_1 19 -,__in_ _ `^'^, -_ ' . .:D : i_' ...__ �.� �\ \.\L\\ r— - — • t . R . , 1--- -- -1 r- 18_:2__ .- - \\\\\\\ 'X • 1 . x -.t \ __ • ly' ._ 1:`j, H \-i 1329'�(B-Y4 \ b ''\.v: .. :1 ..1::.. � I _. • -- •> :\ �,\-;'.' ----6:1 / _ L.. .\\., ,ter—�—.I I . 1 5.: C's:\ :\\>;: .:. ;`c. :\ - i; _\\\C \. 3.---- f--,`—.- .-- _ - \ 3 34 t\.: C\\�;i,.\\... \<.•'.'.\• / ,,I : e _ ]�:,�\ 1 vii - - - 1 \'h,.,I t61$'` iTI'gf -7.-- f- - \ -- I „ 0, -1 - - 1 \\�\ H I 1 I • L62---1.&I r I�il+ • . i 7 - :a\ .- t\\' : :\t 9.t• \ ; ha / • .<4`: \h\ti.(<\.l`\lam 1 \ .. , F - /4 ,41 \ .---_.`\.. ...•. y : m I , i ,__ - t _ \ ,: , . : , . 1.;. ,I 1 1950'6 - 0 I CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 11/08/99 Subject: Approve City-Developer Agreement for CIP Water& Sewer Agenda Number PW 99-022 System Improvements with KRR Development, Inc. for Villas on Bear Creek — Resolution No. 99-85 KRR Development, Inc. (Developer) is installing the water and sanitary sewer lines which will serve Villas on Bear Creek. The 8" sanitary sewer line (L-7.1) is included in the Water and Wastewater Impact Fee Study (Study) dated July 31, 1997 by Knowlton-English- Flowers, Inc. These improvements as outlined in the Study are eligible for reimbursement based on a maximum total cost of up to $55,101.40 times the appropriate percentage On this project, this reimbursement calculates to a maximum amount of$42,765.02. An 8" water line labeled P.8944 and P.8945 is shown as existing in the Study. The improvements have been requested for reimbursement since they are not existing and the Developer has had to construct them. City participation, if granted, would be based on the eligible reimbursement percentage times the bid prices. This calculates to a maximum reimbursement amount of$14,650.32. Upon Council's approval of this agreement and in accordance with the Impact Fee Ordinance No. 2241, the Developer will receive the reimbursement upon completion and acceptance of the improvements. The final reimbursement amount will not exceed $57,415.34. Recommendation: To pass Resolution No. 99-85. Finance Review Source of Funds: Account Number 401-0000-712 79-00 Bonds (GO/Rev.) Sufficient Funds Available Operating Budget Other Imo. .Ise ' • Finance Director • _ D>•artm-nt Head Signature Manager Signature RESOLUTION NO. 99-85 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that 1. The City Manager be, and is hereby, authorized to execute the attached City- Developer Agreement with KRR Development, Inc. concerning impact fee reimbursement for water and wastewater main construction for Villas on Bear Creek, as the act and deed of the City of North Richland Hills, Texas. PASSED AND APPROVED this the 8th day of November, 1999. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY Rex - c ntire, A orney for the City APPROVED A TO CONTENT: I `'Grego D' ke s, Public Works Director CITY OF NORTH RICHLAND HILLS, TEXAS CITY-DEVELOPER AGREEMENT THE STATE OF TEXAS ` KNOW ALL MEN BY THESE PRESENTS THE COUNTY OF TARRANT: - That, KRR Development, Inc., Richard Simmons, Officer, of the County of Tarrant, State of Texas, hereinafter called "Developer" and the City of North Richland Hills, Tarrant County, State of Texas, hereinafter called "City", enter into the following contract: In consideration of the mutual covenants herein contained and for the purpose of providing water and sewer system improvements as indicated in the construction documents titled "Villas on Bear Creek" the Developer and the City hereto agree: 1 The Developer has paid to the City all processing fees and has furnished the necessary permits, easements, and right-of-way as required for the construction of the above referenced facilities. In addition, the Developer has delivered construction plans, specifications and all other necessary contract documents prepared by a registered professional engineer, and will also furnish construction surveying, cut sheets and field adjustments. 2. The Developer has entered into a contract with the Contractor who will perform the work and who will be paid by the Developer as specified in the construction contract documents Monthly pay estimates shall be subject to City's review. 3. The Developer agrees to provide, at no cost to the City, all testing necessary to insure that the construction is in accordance with the project specifications and the City standards. 4. The Developer understands and agrees that he has no authority to cancel, alter or amend the terms of the construction contract without specific written authority of the City, and that he shall be responsible for paying the costs of any cancellations, additions, alterations or amendments to the contract unless specifically provided otherwise by written authorization from the City. 5 The contractor will provide to the City, on City forms, 2-year maintenance bonds in the amount of twenty (20%) percent of the contract price. 6. The City agrees to participate in the cost of the facilities after construction is complete and accepted. The description and amount of participation is as follows: In accordance with Ordinance No 2241, the Water and Wastewater Impact Fee Ordinance, the City will reimburse the Developer the eligible impact fee funds for the Villas an Bear Creek Page 1 of 3 proposed improvements. The City shall only reimburse the Developer the amount agreed upon below, after the construction of the improvements is complete and accepted by the City. If the actual amount paid to the contractor is less than the bid amount, the City participation will be reduced accordingly WATER AND WASTEWATER IMPACT FEE STUDY dated July 31, 1997: Maximum Total Cost per Total Cost Eligible City's Facilities Study per Bid Percent Participation WATER: 8" Water Line $0 $19,965.00 73.38% $14,650.32 P 8944 and P 8945 Approximately 870' parallel to Davis Blvd. _ SEWER: 8" Sewer Line: L-7 1 $55,101.40 $51,412.63 83 18% $42,765.02 Approximately 1,370' parallel to Davis Blvd. Total $55,101.40 $71,377.63 $57,415.34 Total Max. Reimbursement $57,415.34 7 The City will provide the inspections as required and upon satisfactory completion of the work, the City will accept ownership and operation of the system subject to the terms of the maintenance bonds. 8 The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents, and employees from all suites, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said developer, his contractors, subcontractors, officers, agents, or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of North Richland Hills, its officers, agents, servants, employees, contractors or subcontractors. 9. Upon completion of the work, good and sufficient title to all facilities constructed warranted free of any liens or encumbrances is hereby vested in the City of North Richland Hills. 10. Special provisions: None Villas on Bear Creek Page 2 of 3 IN WITNESS WHEREOF, the panics to these presents have executed this Contract in four(4) counterparts, each of which shalt be deemed an original on this the 3 Yo( day of IJova_b0 • .191.19. KIM DEVELOP/. ENT, INC. • Richard Slmm,J Officer STATE OF TEXAS: COUNTY OF TARRANT. This instrument was acknowledged before me on NI esv 3, I A by Riehard Simmons, Officer, KRR Development, Inc. Commission Expires. ID\lBI9oois Notary Public Sig e1, 1 r (SEAL) T`�_..;; — -Lec',No._ IC1 e,..J 'n MY COMMSSloa�fxpinEs I Notary Pub Primed Name 4 li i Wooer 18,Moo CITY OF NORTH RICH:_AND HILLS . Larry J. Cunningham, City Manager ATTEST: APPROV • S TO FO'M AND LEGALITY 1� _ _ . %► Patricia Hutson, City Sec etary Ainr'r City I. mot OR heft/.et M Jeri - - 4'' 1- 1 I . 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OANSI ,_ 0 2.0 MG FS o . i w 109--i7-44)--,.-. .,,,5422-..--- - ..5471.4.1 ;y x_54701":-f _,>'2408'' m 5467. . }:m .J"..5\e.?..,C' nSb�.,+k+','.: .. 7264 JS -•- -Z1•454.•:.f• ).<yit-emu.__:1 _ V� --_ ^ °• ° `• a Jsa: ;' \\ L . _ .. w..�'-`F'-::: - - b 2407 t C:A-„.;:-"•`.`. CO _ N vss 8810 - 5468:77‘7 , :54. '2iv:. '2106 4.0 �4? 4z- : _- - -- . `;5469 ; ' '214': ;r': : 1 122t3"V.ais"'e"P9928 -_ 8924 - - '8.4. . y 2a 89 t7 ' ' 4.4 • 8574 8920 4 • , .89'16,.ZI 89 5 ,S.�y - '0 8921 . 8'PB9t8 . ssa .-3J.`. 8`P.esir: . . ._1_ -I m • rZ.g L . _ ' 8913 - 450 • p • � T • e 8914` - `" >. ' i_�JS ‘ „BE4 P6218- •? 10.P8242___._.- :.�_: __twFR2SV:J-t'.:.Zi ev_ "_ __'__ l a �g2'S aco&;> _ _ .5476 _ r . 19g2 14 N wry m '.32 - m C:j. w 1. wry "sn 8929, 6 ` / --- Q. . .. .. _ �:: : +-. W 8435• .. _4- --'a 3210 tea - j .,� -;:„.,66`_ _____�'_- ”'%.8932:.". _ `„..,,%, ' • aos :4. :. " - • . --' - dPS .9 n:', ^ :Pa, l0.': I: . 'V-= 8'P.8720 I B ` 8856 ° o co I "p1 -�,:- ';i ; • 1"3`._ _ L`'-,� ', '."TifP 906 a A �4 8851 - r G ' ,' ; 1' m- ' 1 1, e 4� j s asr, ° zp:a ;y 3 ``.';:.C. �`'; gym_.• n 8237 ...B.p .1_` CO 6-P.8225 7 ry I� n a. . ti ` ' ._e gesoc, rnn o�'89a5 - w 111 • .T ' .- ;` 2312 -.-L i . _�_ __-_- :c,s -. .e =17027 °' it �_ .� 8'F823"}'_:�;.17 aae,. y � �� n o w 3968 x037 " a r ri 'I it, e n•i" - 7038 .33 Cl L �c. - yeti »w` - w n co 8947 8153 m2 N 8^57 ,0 ��31 "'mss ht)2 70 , ry II�- Y :5 y: 4554 i ' n° 8°P.8251 5320- J�, :° n 6•P.8248 >,� 5355 715-1 8P�8847 - w� 600i�„z1= '`�"^ " 01 10-P.8234 ass: 10•P.8903 -La' ..w„n r.^, - _..{ - 5323 ri%v' w : w - 1 :- , i esssI 8846 0 : .15324- v, n w 5133 2112 .-•i - , >_1 ry L 83321 _ . -'8'. . . 8844 837 45 __-_- ' ' o_ r �!�J 66 o , 8• 8339, 8843 e. m 2307 i o 5134 /"'� P/ � .?c:5/70 .. "...':., w 5-r- 5136 z .,r� JJL' h . ..,. . zzr; • 705. ._,;..e.t;::. - d�iJ _ - 4.4,...,5157' 5158 2121 "308 113 C I�\ L ` 2122,,, ll -1 ie' 1's; J.,q; co mP qiZa�ol - - J-, p•. 2098 Sion 7p0o 5130° ^ 03 51.38 ,5737. 7%P.5254 i .v 1 .. ,, ....> .. .,� .. l a N I 1 212 • 2097 `f WASHINGTON & ASSOCIATES, INC. ENGINEERS • PLANNERS February 1 1, 1999 Mr. Greg Dickens, P.E. Public Works Director City of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 76182-0609 Reference Request for City Participation for 8-inch Sanitary Sewer Line And 8-inch Water Line for Villas on Bear Creek Dear Mr Dickens. I work for Washington & Associates, Inc., the civil engineering firm responsible for preparing the final construction plans for Villas on Bear Creek The final plat and civil construction plans for Villas on Bear Creek were submitted to the City of North Richland Hills for initial review on Monday, February 1, 1999. The Villas on Bear Creek will be developed as an active senior's community By this letter, the developer, KRR Development, Inc. is formally requesting city participation for construction of approximately 1,365 linear feet of the 8-inch sanitary sewer line designated as a portion of the City of North Richland Hills C.I.P. Sewer Line L-7.1. The developer is also requesting city participation for approximately 870 linear feet of 8-inch water line that will be built along the frontage of Villas on Bear Creek adjacent to Davis Boulevard (FM 1938) Attached with this letter are copies of a) project location map, b) City of North Richland Hills sanitary sewer and water maps, c) proposed 8-inch sanitary sewer line, and d) proposed 8-inch water line. Please do not hesitate to contact our office at (817) 485-0707 if you have any comments or questions in regards to this request. Thank you for your time and consideration Sincerely, WASHINGTON & ASSOCIATES, INC. t.RT P_ Joseph T Reue Attachments cc Joseph Kemp, KRR Development, Inc. Rick Simmons, Western Rim Investors J:INg I ax m.un 500 GRAPEVINE HWY • SUITE 375 • HURST. TEXAS 76054 • 817/485-0707 • METRO 017/498-3077 • FAX 817/485-4106 • CITY OF NORTH RICHLAND HILLS Department: Public Works Department Council Meeting Date 11/08/99 Subject Approve City-Developer Agreement for CIP Water Agenda Number: PW 99-023 System Improvements with B.H. & L Joint Venture for Thornbridge South — Resolution No. 99-86 B.H. & L Joint Venture (Developer) has under construction the water lines which will serve the Thornbridge South Addition. The 8" water line (P.8931) is included in the Water and Wastewater Impact Fee Study (Study) dated July 31, 1997 by Knowlton-English-Flowers, Inc. These improvements as outlined in the Study are eligible for reimbursement based on a maximum total cost of up to $64,400 times the appropriate percentage. On this project, this reimbursement amount calculates to a maximum of$28,626.64. Upon Council's approval of this agreement and in accordance with the Impact Fee Ordinance No 2241, the Developer will receive reimbursement upon completion and acceptance of the improvements. The final reimbursement will not exceed $28,626.64. Recommendation: To pass Resolution No. 99-86 Finance Review Source of Funds Account Number 401-0000-712 79-00 Bonds (GO/Rev.) A Sufficient Funds Available Operating Budget Other I 14.1 (C_fir-,rt C��i Finance Director A 4h _ I1 i / Lia�i VV„""" � // l,dt4v e.. /D:partm-nt Head Signature C y Manager Spnat re Vir Fr Page 1 of RESOLUTION NO. 99-86 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby, authorized to execute the attached City- Developer Agreement with B.H. & L. Joint Venture,. concerning impact fee reimbursement for water main construction for Thornbridge South Addition, as the act and deed of the City of North Richland Hills, Texas. PASSED AND APPROVED this the 8th day of November, 1999. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROV it AS TO FORM AND LEGALITY: LsYi. R-x McEntire, C: CITY OF NORTH RICHLAND HILLS, TEXAS CITY-DEVELOPER AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THE COUNTY OF TARRANT• That, B.H. L. Joint Venture of the County of Tarrant, State of Texas, hereinafter called "Developer" and the City of North Richland Hills, Tarrant County, State of Texas, hereinafter called "City", enter into the following contract: In consideration of the mutual covenants herein contained and for the purpose of providing water system Improvements as indicated in the construction documents titled "Thornbridge South" the Developer and the City hereto agree. I. The developer has paid to the City all processing fees and has furnished the necessary permits, easements, and right-of-way as required for the construction of the above referenced facilities. In addition, the Developer has delivered construction plans, specifications and all other necessary contract documents prepared by a registered professional engineer, and will also furnish construction surveying, cut sheets and field adjustments. 2 The Developer has entered into a contract with the Contractor who will perform the work and who will be paid by the Developer as specified in the construction contract documents. Monthly pay estimates shall be subject to City's review. 3 The Developer agrees to provide, at no cost to the City, all testing necessary to insure that the construction is in accordance with the project specifications and the City standards 4. The Developer understands and agrees that he has no authority to cancel, alter or amend the terms of the construction contract without specific written authority of the City, and that he shall be responsible for paying the costs of any cancellations, additions, alterations or amendments to the contract unless specifically provided otherwise by written authorization from the City. 5. The contractor has provided to the City, on City forms, 2-year maintenance bonds in the amount of twenty (20%) percent of the contract price. 6 The City agrees to participate in the cost of the facilities after construction is complete and accepted. The description and amount of participation is as follows: In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee Ordinance, the City will reimburse the Developer the eligible impact fee funds for the proposed improvements. The City shall only reimburse the Developer the amount Thornbridge South Page 1 of3 agreed upon below, after the construction of the improvements is complete and accepted by the City. If the actual amount paid to the contractor is less than the bid amount, the City participation will be reduced accordingly. WATER AND WASTEWATER IMPACT FEE STUDY dated July 31, 1997, Maximum Total Cost per Total Cost Eligible City's Facilities Study per Bid Percent Participation WATER: 8" Water Line - 8931 $64,400.00 $39,011.50 73 38% $28,626.64 Approximately 1600 feet from the 8" water main in Thornhill Drive, east to the end of Kingston Court. Total $64,400.00 $39,011.50 $28,626.64 Total Max. Reimbursement $28,626.64 7. The City will provide the inspections as required and upon satisfactory completion of the work, the City will accept ownership and operation of the system subject to the terms of the maintenance bonds. 8 The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents, and employees from all suites, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said developer, his contractors, subcontractors, officers, agents, or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of North Richland Hills, its officers, agents, servants, employees, contractors or subcontractors. 9. Upon completion of the work, good and sufficient title to all facilities constructed warranted free of any liens or encumbrances is hereby vested in the City of North Richland Hills. 10 Special provisions: None Dmnbndge South Page 2 of 3 IN WITNESS WHEREOF, the parties to these presents have executed this Contract in four (4) counterparts, each of which shall be deemed an original on this the day of ,1999. B. •INT VE10 RE jej :y: John W. Barfield rustee STATE OF TEXAS COUNTY OF TARRANT /� ' This instrument was acknowledged before me on 1(/pll'P,vn k,er 3 , 1999 by John W. Barfield, Trustee, B.H. & L. Joint Venture. Commission Expires: p.1 'A. • 2413szo Notary ubli gel gnature ..nintitt, MARY HENNESSEE ( V ( Notary Pitlic %� ' STATE t)F TEXAS Notary Public Printed Name "Fad My Comm Exp.02/05/20.3 CITY OF NORTH RICHLAND HILLS Larry J. Cunningham, City Manager ATTEST Patricia Hutson, City Secretary APPROVED • TO LEGALITY Rex M f or e City Ilombndge South Page 3 of 3 . _�_. ____- .. - - _- r- - - ' 8-P:8240 iii ..� - __ _ t L 0ryyoi• (�i�yf - 8507 , '_ -_ _- I . .. • - -_— - -- '. _'q- _ BANS! : - 0 . .-2.0 MG ES 0 .rntNS:; 1 3 - - - Z2�; sRz-=547 i...;;it,w.z L^974°,'- o2J08' m 54&r ;�:2> :.��, c - :� - - v-e:4...„ k ' ns- 1 7264 J - ;..i-. _ _•• •,r,\:F'N - \'- - _. - - '9 - '3. - 462. i7, • - _ _ L.'. __ . CV" -- . Nti�`% 8810 .- 5:66:`:-; �y5%:.:n c'\`21Ce3.. 2,:o 93928 - - --8924 e - ;; >v\',: ?\�:r.:jz.,.• 8417 \.... > .. : > ! .� 8921 . _ _ _ 8'P89t8 : it z9i5 .B' .�t.i: 89142 8913 5450 S '_-. - 4yr e-52:1SCF. , r8242--;>-- ,_.�- - __ _1079.&2.32,'1` _7(Ci _______ 897 «c : . 57: ^ 1,t' 2 ':..\ .' 3)°Q1 B9/7 41"8`.4`^ .\ : -. ••1a fq, - to 'U' c.• . ,1 m o' 'm-\,i, • - ,e9 r: o ._...:. .ue. -_- _ 9225 S M1 ,in -2rA�90b" 5851 0 1 .•r " & ' d946s 824 . •gP;Bl411-1 m 4806 ', ti 1 02t4 ` _- — —__ _ ,\ `�O 8945 : `` \ m ' “C .x 2312 m _ _--_ rt :e_ 4 a on N 8948 F037 " Y .. .e Mn . 7033 ‘r o a } ,I. ;, • '2 ,6P.B251 5320— Yin I° 2 6-P :� . .o^_ _ ' - rn 5323OO4CJ1 m I0'P.B2J4- - 1C"P.8903 n - t o - "5324 ,^-; 4 o i o 86-c: _ - I n “ 5153 • •,,. m c. 'C°�_ . , a,z ! •� i 8342 . / - _ __ 1. .--8'PZBrtd,. , 66'2=_ __ _ CITY OF NORTH RICHLAND HILLS Department. Public Works Council Meeting Date 11/08/99 subject: Approve City-Developer Agreement for CIP Water Agenda Number PW 99-024 System Improvements with J. & J. NRH 100 Family Limited Partnership for Water Lines P.8244, P.8229, P.8232 and P.8811 — Resolution No. 99-87 J & J. NRH 100 Family Limited Partnership (Developer) is ready to install the water lines which will serve portions of Brentwood Estates, Tracts 3A and 3B1. The 8" water lines (8229, 8232, 8811, and 8244) are included in the Water and Wastewater Impact Fee Study (Study) dated July 31, 1997 by Knowlton-English-Flowers, Inc. These improvements as outlined in the Study are eligible for reimbursement based on a maximum total cost of up to $191,318 00 times the appropriate percentage. On this project, this reimbursement calculates to a maximum amount of $76,657.89. Upon Council's approval of this agreement and in accordance with the Impact Fee Ordinance No. 2241, the Developer will receive the reimbursement upon completion and acceptance of the improvements. The final reimbursement amount will not exceed $76,657.89. Recommendation: To pass Resolution No 99-87. finance Review Source of Funds Account Number 401-0000-712.79-00 Bonds(GO/Rev ) (/ Sufficient Funds Available Operating Budget Other Finance Director 1�L1�r dZi 7 , ti �/ P► (/// 6-4t4u-14. • ni i Signature y Manager Signatu/ RESOLUTION NO. 99-87 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that. 1. The City Manager be, and is hereby, authorized to execute the attached City- Developer Agreement with J. & J. NRH 100 Family Limited Partnership. concerning impact fee reimbursement for water main construction to serve Brentwood Estates Addition, Tracts 3A and 3B1 as the act and deed of the City of North Richland Hills, Texas. PASSED AND APPROVED this the 8th day of November, 1999 APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROVES AS TO FORM AND LEGALITY: irai 09 it Rex. cE,tire, Attorney for the City APPROVED AS TO CONTENT. Greg. /D ckens, Public Works Director CITY OF NORTH RICHLAND HILLS, TEXAS CITY-DEVELOPER AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THE COUNTY OF TARRANT: That, J. & J. NRH 100 Family Limited Partnership of the County of Tarrant, State of Texas, hereinafter called "Developer" and the City of North Richland Hills, Tarrant County, State of Texas, hereinafter called "City", enter into the following contract: In consideration of the mutual covenants herein contained and for the purpose of providing water and sewer system improvements as indicated in the construction documents titled "Water Lines P4229, P-8232, P-8811, and P-8244" the Developer and the City hereto agree: 1 The developer has paid to the City all processing fees and has furnished the necessary permits, easements, and right-of-way as required for the construction of the above referenced facilities In addition, the Developer has delivered construction plans, specifications and all other necessary contract documents prepared by a registered professional engineer, and will also furnish construction surveying, cut sheets and field adjustments. 2. The Developer has entered into a contract with the Contractor who will perform the work and who will be paid by the Developer as specified in the construction contract documents Monthly pay estimates shall be subject to City's review. 3. The Developer agrees to provide, at no cost to the City, all testing necessary to insure that the construction is in accordance with the project specifications and the City standards. 4. The Developer understands and agrees that he has no authority to cancel, alter or amend the terms of the construction contract without specific written authority of the City, and that he shall be responsible for paying the costs of any cancellations, additions, alterations or amendments to the contract unless specifically provided otherwise by written authorization from the City. 5. The contractor has provided to the City, on City forms, 2-year maintenance bonds in the amount of twenty (20%) percent of the contract price 6 The City agrees to participate in the cost of the facilities after construction is complete and accepted. The description and amount of participation is as follows: In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee Ordinance, the City will reimburse the Developer the eligible impact fee funds for the J. & J Family Limited Partnership Page!of 4 proposed improvements. The City shall only reimburse the Developer the amount agreed upon below, after the construction of the improvements is complete and accepted by the City. If the actual amount paid to the contractor is less than the bid amount, the City participation will be reduced accordingly. WATER AND WASTEWATER IMPACT FEE STUDY dated July 31, 1997; Maximum Total Cost per Total Cost Eligible City's Facilities Study per Bid Percent Participation WATER: 10" Water Line $46,724.80 $23,728.87 73 38% $17,412.25 P.8229-Approximately 1007' from north property line of Thornbridge V to south side of North Tarrant Parkway. 10" Water Line $71,363.20 $36,952.74 73.38% $27,115.92 P 8232-Approximately 1538' parallel to North Tarrant Parkway on south side from Precinct Line Road west 8" Water Line $62,790.00 $37,284.94 73.38% $27,359 69 P.8811-Approximately 1560' parallel to North Tarrant Parkway on north side from Precinct Line Road west to Brentwood Estates, Lot 1, Block 1 east to property line (Walgreen's). 10" Water Line $10,440.00 $6,500.45 73.38% $4,770.03 P 8244-Approximately 225' parallel to North Tarrant Parkway on south side from end of Line P.8232 west to Davis-N Tarrant Addition east property line (Eckerd) Total $191,318.00 $104,467.00 $76,657.89 Total Max. Reimbursement $76,657.89 J. & J. Family Limited Pannershtp Page 2 of t 7. The City will provide the inspections as required and upon satisfactory completion of the work, the City will accept ownership and operation of the system subject to the terms of the maintenance bonds. S. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents, and employees from all suites, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (Including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said developer, his contractors, subcontractors, officers, agents, or employees, whether or not such Injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of North Richland Hills, its officers, agents, servants, employees, contractors or subcontractors. 9. Upon completion of the work, good and sufficient title to all facilities constructed warranted free of any liens or encumbrances is hereby vested in the City of North Richland Hills. 10 Special provisions None J & J. Family Limited Partnership Page 3 of 4 IN WITNESS WHEREOF, the parties to these presents have executed this Contract in four (4) counterparts, each of which shall be deemed an original on this the day of ,1999. J & J. NRH 100 FAMILY LIMITED NER,r P //a ohn . Barfield, Gene Partner STATE OF TEXAS COUNTY OF TARRANT n ' I This instrument was acknowledged before me on I V p U e Mbe 1-,3 , 1999 by John W. Barfield, General Partner, J. & J. NRH 100 Family Limited Partnership. Commission Expires. ta�IL • • • • • Notary • bl faignature wmlgM1 MARY HENNESSEE (SEA Notary 11*1k .�jf�� STATE OF TEXAS �„r��.' Notary Public Printed Name W en,.43.02/084 00a' CITY OF NORTH RICHLAND HILLS Larry J. Cunningham, City Manager ATTEST: APPROVED AS TO FORM AND LEGALITY r< Patricia Hutson, City Secretary Attdney for City. J. &J. Family Limited Partnership Page 4 of 4 1 ' _ _ '„L, _ ._ _ _ .-. - 8807 -, - - � - 3631 I _� 66-133_ 4 . . .. J` , - - m. DANS! 0 • 1 to -7 14Z2 .,__ 41 a5 71 1i1a.:4:jt' :5470_5%1.L,_ =a210fl' ' m 2272 . m 5461 m 33156 .. 7264 �J- 3(3!C•.;,.' \ ., . —_ _ .r _ 5 S ` 462. , > - °8810 . 5466 >4 5 4 nz+• 210. :c2,m J; S , t3<1 'P 8928 - - - - 8924 a ,i'; r,= --- 8523 8920 '8916 \ 8915' --_- - 8921 . ` 6'P.8918' ...5.55a ,3;;33,.. . ( � s --_ :i - "88 P827b;; e'°-10"p:$242-5-Ii4, :� I.6L." fQ'.P./t127 __—__ __ ,N , .. .t-' �` `,.tan' 1- - I � _ \,r fl 1."'_ fn'03 h . \. ..,:c ..r,J\\' 8963 \ \ I;;3S ° ae. h _ a f aco: • ,' 3567.:3. : ., ; , .' -,;3,41,b 36 9 \ ' t_ -: .• ----; \ e`C‘:\ ' o �..'N N'R _ \IS i : _ _ PP 8851 +� : a• w . tr 8852 883333 8520 . . ,: 4 ` o . .\ ti 8944 i 8909, i 1 `b ._. .�yi_� .....Z % , 8947 6318 8237 .y '9'Q ifs .. - `ta I `O 8946 _ :tax w 021 \.--Cs • n ecn 1 .P.8806:, o 77333 ; s �:\` - _ .e 1 `:vSh o'8445 _ _ m :rf0,7 — i__-- ,ta 8"P:82'S1'0:r, , .ft oN 8943 4037 ' v _ a 1 '^ n " 'gym _7038 $ �+ L m a. :331 °tea io v~ n Tat 53 720° 2 >' .:'• __1 ti � , .6546 n •6P.3251 5320— e',.°, n EP82485)a 1 831:6._.__., - - I 8'P18841 - -_w 60031,31 ..q^n^ -- N 10-P.82.34 5st5 idP.H903 c; 5323 �ryh b Vl.; - , o 0 1 _ - 8846 2.- '� 615326 ,,n"` n 5133; , -, '° 86531 h ,� ' ., 8332 ., , CITY OF NORTH RICHLAND HILLS Department. Public Works Council Meeting Date 11/08/99 Subject Approve City-Developer Agreement for CIP Sewer Agenda Number: PW 99-025 System Improvements with J. & J. NRH 100 Family Limited Partnership for Sanitary Sewer Lines L-10.4 and L-11.3 - Resolution No. 99-90 J. & J. NRH 100 Family Limited Partnership (Developer) is ready to install the sanitary sewer lines which will serve portions of Brentwood Estates, Tracts 1D, 3A, and 3B1 The sanitary sewer lines L-10 4 and L-11.3 are included in the Water and Wastewater Impact Fee Study (Study) dated July 31, 1997 by Knowlton-English-Flowers, Inc. The improvements as outlined in the Study are eligible for reimbursement based on a maximum total cost of up to $118,246.22 times the appropriate percentage On this project, this reimbursement calculates to a maximum amount of $83,791 42 Upon Council's approval of this agreement and in accordance with the Impact Fee Ordinance No. 2241, the Developer will receive the reimbursement upon completion and acceptance of the improvements. The final reimbursement amount will not exceed $83,791.42. Recommendation: To pass Resolution No 99-90. Finance Review Source of Funds: ' Account Number 401-0000-712 79-00 Bonds (GO/Rev.) _ / Sufficient Funds Available Operating Budget 1 Other /,{I rjh j t Le Fnance Oveaor D-p.rt -ht c.. Signature JdKi Manager Signat re erj RESOLUTION NO 99-90 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager be, and is hereby, authorized to execute the attached City- Developer Agreement with J. & J. NRH 100 Family Limited Partnership. concerning impact fee reimbursement for sanitary sewer construction (L-10.4 and L-11.3), as the act and deed of the City of North Richland Hills, Texas. PASSED AND APPROVED this the 8th day of November, 1999. APPROVED: Charles Scoma, Mayor ATTEST: Patricia Hutson, City Secretary APPROV = AS TO FORM AND LE • . / Rex cEntire, Attorney for the City APPROVED AS TO CONTENT. ..IJ� # A aI i / Grego Pic ens, Public Works Director CITY OF NORTH RICHLAND HILLS, TEXAS CITY-DEVELOPER AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THE COUNTY OF TARRANT. That, J. & J. NRH 100 Family Limited Partnership of the County of Tarrant, State of Texas, hereinafter called "Developer" and the City of North Richland Hills, Tarrant County, State of Texas, hereinafter called "City", enter into the following contract. In consideration of the mutual covenants herein contained and for the purpose of providing water and sewer system improvements as indicated in the construction documents titled "Sanitary Sewer Lines L-10.4 and L-11.3" the Developer and the City hereto agree. I The developer has paid to the City all processing fees and has furnished the necessary permits, easements, and right-of-way as required for the construction of the above referenced facilities. In addition, the Developer has delivered construction plans, specifications and all other necessary contract documents prepared by a registered professional engineer, and will also furnish construction surveying, cut sheets and field adjustments 2. The Developer has entered into a contract with the Contractor who will perform the work and who will be paid by the Developer as specified in the construction contract documents. Monthly pay estimates shall be subject to City's review. 3. The Developer agrees to provide, at no cost to the City, all testing necessary to insure that the construction is in accordance with the project specifications and the City standards 4. The Developer understands and agrees that he has no authority to cancel, alter or amend the terms of the construction contract without specific written authority of the City, and that he shall be responsible for paying the costs of any cancellations, additions, alterations or amendments to the contract unless specifically provided otherwise by written authorization from the City 5 The contractor has provided to the City on City forms, maintenance bonds in the amount of twenty (20%) percent of the contract price. 6 The City agrees to participate in the cost of the facilities after construction is complete and accepted. The description and amount of participation is as follows: In accordance with Ordinance No. 2241, the Water and Wastewater Impact Fee Ordinance, the City will reimburse the Developer the eligible impact fee funds for the J & J. Family Limned Partnership Sanitary_ Sewer Lines Page I of 3 proposed improvements. The City shall only reimburse the Developer the amount agreed upon below, after the construction of the improvements is complete and accepted by the City. If the actual amount paid to the contractor is less than the bid amount, the City participation will be reduced accordingly WATER AND WASTEWATER IMPACT FEE STUDY dated July 31, 1997; Maximum Total Cost per Total Cost Eligible City's Facilities Study per Bid Percent Participation SANITARY SEWER: 8" Sanitary Sewer Line $37,002.22 $48,705.80 80.00% $30,369.76 L-10.4 - Limited to Approximately 920' amount from north property remaining for line of Thornbridge V L-10 4 to south side of North Tarrant Parkway. 8" Sanitary Sewer Line $81,244.00 $69,414.84 76.96% $53,421.66 L-11.3 - approximately 2365' from south side of Brentwood Estates Addition, Tr 3B to north property line of T. Peck Survey, Tr. 10E Total $118,246.22 $118,120.64 $83,791.42 Total Max. Reimbursement $83,791.42 7. The City will provide the inspections as required and upon satisfactory completion of the work, the City will accept ownership and operation of the system subject to the terms of the maintenance bonds. 8. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents, and employees from all suites, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said developer, his contractors, subcontractors, officers, agents, or employees, whether or not such injuries, death or damages are J. &J. Family Limited Partnership Sanitary Sewer Lines Page 2 of 3 caused, in whole or in part, by the alleged negligence of the City of North Richland Hills, its officers, agents, servants, employees, contractors or subcontractors. 9 Upon completion of the work, good and sufficient title to all facilities constructed warranted free of any liens or encumbrances is hereby vested in the City of North Richland Hills. 10. Special provisions: None IN WITNESS WHEREOF, the parties to these presents have executed this Contract in four (4) counterparts, each of which shall be deemed an original on this the day of ,1999. J & J NRH 100 FAMILY LIMITED 'A 'TN• 'SHIP / S John W. Barfield, Ge• -ral Partner STATE OF TEXAS , COUNTY OF TARRANT This instrument was acknowledged before me on No Very) ber—■3 , 1999 by John W. Barfield, General Partner, J & J. NRH 100 Family Limited Partnership. Commission Expires: Notary ublcSignature MARY HENNESSEE (':[yy.yLYy Notary TEXAS� OF 7EXgg ; Notary Public Printed Name Rrr My Cam Exp.02/05/2003! CITY OF NORTH RICHLAND HILLS Larry J Cunningham, City Manager ATTEST: APPROV • 0 FORM ANDO ALIT I J/ /L Patricia Hutson, City Secretary Attor}F or C. y - try J & J. Family Limned Partnership Sanitary Sewer Lines Page 3 of 3 1 - --- I --- 2-T- 7:- -__ - ,' y _452 =t 47) •— I --- _ - i . _- c� 1 ( --•- - ----- Ly2'; 'fi 1:,-, u . a :: 1y.. I:"`„ q': -.‘;'-:: :• 132916L8-Y4 .\.III .., v4 , i W I n . 4. _ n+ ;. ' /. ,. , . -_ I b L.—.-,-.:-t--- - •I i i ._: .:; / :'tF i-- ' - - 1 1$7S_;� d 10.90 - G: m i 1, I e 112q'64-11.4 1 1 I / 1950'6L-10.7 I I c I ° IG� I , ... I 1 K _ - I ` - 11204LI-10.6 L_ I- 1 - , _1-- - 112016 L=10.5' i m i / - —1 ----- / - _ i- I— 7 — 1 1 i