HomeMy WebLinkAboutCC 2017-08-28 Agendas
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CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:August 28, 2017
SUBJECT:Discuss items from regular City Council meeting.
PRESENTER:Mark Hindman, City Manager
SUMMARY:
The purpose of this item is to allow City Council the opportunity to discuss any item on
the regular agenda.
GENERAL DESCRIPTION:
The purpose of this standing item is to allow City Council the opportunity to inquire
about items that are posted for discussion and deliberation on the regular City Council
agenda.
City Council is encouraged to ask staff questions to clarify and/or provide additional
information on items posted on the regular or consent agenda. City Council may also
elect to move items from the regular agenda to the consent agenda upon receiving
clarification from staff on posted regular agenda items.
CITY COUNCILMEMORANDUM
FROM:DATE:
The Office of the City ManagerAugust 28, 2017
SUBJECT:Welcome and introduction –public official, public employee or citizen
PRESENTER:
Mark Hindman, City Manager
SUMMARY:
Introduction of public official, public employee or citizen in attendance at the meeting.
GENERAL DESCRIPTION:
The purpose of this item is to provide City staff or City Council the opportunity to
recognize and introduce a public official, public employee or citizen in attendance at the
meeting.
CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:August 28, 2017
SUBJECT:Discuss attendance requirement of Board and Commission
members.
PRESENTER:
Alicia Richardson, City Secretary
GENERAL DESCRIPTION:
On June 13 and June 27, 2016, City Council discussed itsconcern with the attendance
of board and commission members. Staff was directed to bringforward an ordinance to
amend the City’s Code of Ordinances, Article III. –Boards, Commissions, and
Committees. City Council approved Ordinance No. 3419 at itsJuly 11, 2016 meeting,
setting a minimum attendance requirement for board and commission members and
requiring attendance reports be maintained and submitted to the City Secretary and the
City Council on a monthly basis.
This item is placed on the agenda for discussion at the request of a member of City
Council.
CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:August 28, 2017
SUBJECT:Approve minutes of the regular August 14, 2017City Council
meeting.
PRESENTER:
Alicia Richardson, City Secretary
SUMMARY:
The minutes are listed on the consent agenda and approved by majority vote of the
Council at the City Council meetings.
GENERAL DESCRIPTION:
The City Secretary’s Office prepares action minutes for each City Council meeting. The
minutes for the previous meeting are placed on the consent agenda for review and
approval by the City Council, which contributes to a time efficient meeting. Upon
approval of the minutes, an electronic copy will be uploaded to the City’s website.
RECOMMENDATION:
Approve minutes of theregularAugust 14, 2017 City Council meeting.
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CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:08/28/2017
SUBJECT:Consider Resolution No. 2017-031, and authorize the City Manager
to execute a School Resource Officer Shared Services Agreement
with BirdvilleIndependent School District for the 2017-2018 school
year.
PRESENTER:Mike Young, Assistant Chief of Police
SUMMARY:
The City of North Richland Hills (City) and the Birdville Independent School District
(BISD) have entered into a mutual contract in which the police department provides
police officers to serve as School Resource Officers for BISD schools within the
jurisdictional boundaries of the City of North Richland Hills. The contract outlines the
cost sharing between the police department and the school district in which each pays
50% of the total cost of each officer.
GENERAL DESCRIPTION:
The City and BISD have had a long standing relationship in which the Police
Department provides trained police officers to serve as School Resource Officers for the
school district’s campuses located within the jurisdictional boundaries of the city. The
2017/18 contract terms were mutually agreed upon in which each officer works an 8-
hour day and a 40-hour work week. BISD is responsible for paying 50% of all
operational costs of each officer assigned to the district. The total cost of this
agreement is $438,592.00. BISD and the City willeach pay 50% of this total cost which
willbe $219,296.00 each. This contract is for the 2017/2018 school year and will
continue each school year thereafter unless terminated by either party or the terms are
renegotiated resulting in a new contract term.
RECOMMENDATION:
Approve ResolutionNo. 2017-031
RESOLUTION NO. 2017-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS AUTHORIZING THE CITY
MANAGER TO EXECUTE A SCHOOL RESOURCE
OFFICERSHARED SERVICES AGREEMENTWITH
BIRDVILLE INDEPENDENT SCHOOL DISTRCTFOR THE
2017-2018 SCHOOL YEAR; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS
,The City Council has previously entered into a Shared Services
Agreement with Birdville Independent School District (BISD) for City
police officers to serve as School Resource Officers (SRO) on
designated campuses of BISD middle schools and high schools;
and
WHEREAS,
The City and BISD wish to continue this agreement through the
2017-2018 school year and adjust the number of hours provided by
each SRO.
NOW, THEREFORE BE IT RESOLVEDBY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS:
SECTION 1.
That the recitals set forth above are true and correct and are hereby
incorporated into and made a part of this Resolution.
SECTION 2.
That the City Manager is hereby authorized to execute a School
Resource Officer Shared Services Agreement with Birdville
Independent School District for the 2017-2018 school year, with
reimbursement from BISD of 50% of the personnel costs for four
School Resource Officers.
PASSED AND APPROVED th
this the 28day of August, 2017.
CITY OF NORTH RICHLAND HILLS
By:___________________________
Oscar Trevino, Mayor
ATTEST:
______________________________
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
______________________________
Maleshia McGinnis, City Attorney
APPROVED AS TO CONTENT:
______________________________
Jimmy Perdue, Public Safety Director
SCHOOLRESOURCEOFFICERSHAREDSERVICESAGREEMENT
betweenthe
CITYOFNORTHRICHLANDHILLS
and
BIRDVILLEINDEPENDENT SCHOOLDISTRICT
Forandinconsiderationofthemutualcovenants,promises,and agreements
asthe"City,"andthe
containedherein,NorthRichlandHills,hereinafterreferredto
BirdvilleIndependentSchoolDistrict,hereinafterreferredtoasthe"District,"agreeas
follows:
1.
The DistrictandCityagreethatfour(4)PoliceSchoolResource Officers (SRO)
willbeassigned to the District. The District and Cityagree that two (2) officers will
be assigned on a permanent basis to the following schools: Birdville High School and
Richland High School.The District andCityagree that the remaining two(2) officers will,at the
discretion of the Chiefof Police, be assigned to provide patrols at the following schools: North
Richland Middle School, Smithfield Middle School, North Ridge Middle School, and Birdville
Center of Technologyand Advanced Learning campus. District agrees to reimburse the City
50% of the negotiated costs for personnel, training, equipment,and benefits incurred by
the City for each police officer for the school year to assist withthe personnel costs
incurred by the City in this project.The City will provide the District with standardized
budget worksheets detailing the costs associated with the School Resource Officerseach
fiscal year. TheDistrictwillprovideanofficeforeachSchool ResourceOfficerwitha
computerworkstation. TheCitywillinvoicetheDistricttwiceduringtheschool year,in
DecemberandMay,forsuchreimbursementandtheDistrictwillremit suchamount
promptly.Paymentsfortheabovedescribedgovernmental service mustbemadefrom
currentrevenuesavailabletotheschooldistrict.
2.
Thetermofthisagreement isforthe2017-2018schoolyearand will continue
eachschoolyearthereafterunlessterminatedbyeitherparty.Each partyagreesto
giveatleastone (1) year advancenoticeifitdoesnotwishtocontinuethis
agreementfor thefollowingschoolyear.
3.
Itisunderstoodandagreedthatthisagreementmaybeterminatedby
eitherpartywhensuchterminationisdeterminedbyitsgoverningbodytobeinits
best interest.Notice of suchtermination willbe senttotheotherparty promptlyafter
suchactionofthegoverningbody.Intheeventoftermination,theDistrictwillbegiven
afinalinvoiceforreimbursementtotheCityforthepro-rated costsandtheDistrict
agreestoremitsuchamountwithin30daysofreceiptof theinvoice.
SchoolResourceOfficerAgreement
Page1of3
4.
AllschoolresourceofficersfurnishedbytheCitywillbeemployeesofthe Cityand
willatalltimesbesubjecttothesupervisionandcontroloftheCity's ChiefofPolice
andshallberesponsibletotheChiefofPolice.However,the officersshallwork
assigned.TheSRO'sPolice
closelywiththeprincipaloftheschooltowhichthey are
Departmentsupervisorwillperiodicallyconferwith campusadministrators todiscussthe
performanceoftheSROassignedtotheir respectiveschools. Suchofficersshall havethe
schooltowhichthey areassignedastheirprimarydutyassignmentandwillnotbe
assignedadditional police dutiesduringregularlyscheduledschoolhours.TheCity
reservesthe right, however, to reassign those officers temporarily in the event of
anemergencyorurgentpoliceneedasdetermined bytheChiefofPolice.Cityshall
providealllawenforcementtraining,certification, vehicles,police equipment,benefits,
andinsurance(includingliabilitycoverage)toallofficersemployed byCity.TheDistrict
shallprovideanyradioequipment necessarytoallowtheassignedofficerto communicate
withschoolstaff.The Citywill coordinateassignmentsanddutyhourswiththeDistrict.
Shouldit become necessary fortheChiefofPolicetoremoveorreassignanSRO,the
policedepartmentwill conferwiththeaffectedschoolprincipal todetermineuniqueor
important qualificationsdesiredinthereplacementofficerpriortothe selection ofthe
newSRO.
5.
Whenactingasa commissionedpeaceofficerforDistrict,theofficer’s
jurisdictionshallinclude,inadditiontothisjurisdictionasaNorthRichlandHills
PoliceOfficer,allterritory withintheboundariesoftheDistrictthatarewithinthecity
limits ofNorthRichland Hillsandallproperty,realandpersonal,outsidetheboundaries
ofthe Districtthatiswithin the North Richland Hills city limits and owned, leased,
or rented by or otherwiseunderthecontrolofthe DistrictanditsBoardofTrustees.
6.
DistrictandCity,intheexecution,performance,orattemptedperformance of
thisagreement,will notdiscriminateagainstanypersonorpersonsbecauseofsex,race,
religion,color, nationalorigin,orageexceptonthebasisofabona fideoccupational
qualification,retirementplan,orstatutoryrequirement.
7.
CityandDistrictagreethatintheeventeitherpartyfailstocomplywith any
provisionofthisagreement,thenon-defaultingpartywillgivewrittennotice tothe
otherpartypromptlyuponlearningofsuchfailure.Ifthedefaultingpartyfailstocure
thedefaultwithin15days,thenon-defaultingpartymayterminatethis agreement.
SchoolResourceOfficerAgreement
Page2of3
8.
Theprovisionsofthisagreementareseverableandifforanyreasona clause,
sentence,paragraph,orotherpartofthisagreementshallbedetermined tobeinvalid
byacourt,federalorstateagency,boardorcommissionhaving jurisdictionoverthe
subjectmatterthereof,suchinvalidityshallnotaffectother provisionswhichcan be
giveneffectwithouttheinvalidprovision.
9.
Thiswritteninstrumentconstitutestheentireagreement bytheparties hereto
concerningtheworkandservicestobeperformedhereunder,andany otheroralor
writtenagreementwhichpurportstovary fromthe termshereofshall bevoid.
10.
ThegoverningbodiesofCityandDistricthaveapprovedtheexecutionof this
agreement,and thepersonssigningtheagreementhavebeenduly authorizedbythe
governingbodiesofthe Cityandthe Districttosignthisagreement.
CityofNorthRichlandHillsBirdville Independent School District
ByBy
Mark Hindman, City ManagerDr. Darrell Brown, Superintendent
Approval Recommended:
Jimmy Perdue, Director of Public Safety
ATTEST:
___________________________
Alicia Richardson, City Secretary
Approved as to Form and Legality:Approved as to Form and Legality:
Maleshia McGinnis, City AttorneyTOASE, General Counsel
SchoolResourceOfficerAgreement
Page3of3
CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:August 28, 2017
SUBJECT:Public Hearing on Fiscal Year 2016/2017 Revised Budget and Fiscal
Year 2017/2018Proposed Budget.
PRESENTER:Robert Myers, Budget Director
SUMMARY:
The City Council is requested to open a public hearing and receive public comment on
the 2016/2017 Revised Budget and the 2017/2018Proposed Budget. No action is
required at this hearing, as this hearing is held for the purpose of receiving public
comment.
GENERAL DESCRIPTION:
The City Council held a budget work session on Friday, August 4, 2017to review the
2016/2017Revised Budget and the 2017/2018Proposed Budget. At this work session,
City Council reviewed the budgets for all operating funds, capital project funds, and the
budgets for the Crime Control and Prevention District and the Park and Recreation
Facilities DevelopmentCorporation. Subsequent to the work session, the
recommended modifications have been incorporated into the 2017/2018Proposed
Budget. The 2017/2018Proposed Budget is based on a tax rate of 0.59¢ per $100
valuation, a 0.02¢ reduction from the FY 2016/2017 tax rate.
The 2016/2017Revised Annual Operating Budget and 2017/2018Proposed Operating
Budget for all funds are as follows:
2016/20172017/2018
FundRevisedProposed
General Fund$46,505,450$46,606,612
Debt Service Fund$11,622,481$11,762,764
Tax Increment Financing Fund$3,010,380$2,951,968
Park & Rec Facilities Development Fund$10,097,529$9,000,504
Crime Control District Fund$6,504,812$5,380,595
Promotional Fund$258,089$259,022
Donations Fund$323,062$311,099
Special Investigations Fund$308,531$252,300
Drainage Utility Fund$1,172,197$1,190,524
Gas Development Fund$407,650$312,673
Traffic Safety Fund$1,197,543$1,008,016
Utility Fund$34,487,996$34,336,777
Aquatic Park Fund$5,346,6715,268,439
Golf CourseFund$2,606,977$2,575,071
(1)
Facilities/Construction Mgmt. Fund$3,157,108$3,014,282
Fleet Services Fund(1)$4,091,478$3,653,429
(1)
Information Services Fund$3,389,421$3,525,482
Self Insurance Fund(1)$13,935,724$13,910,020
(1)
Each of these funds are Internal Service Funds. They receive revenue in the
form of allocations from the other operating funds, which are used to cover
the majority of expenses within each Internal Service Fund. While necessary
to appropriate the funds in the manner above, it should be noted that the
majority of expenses funded within each Internal Service Fund are also
reflected as expenditures/expenses (the allocation) within the contributing
funds. In addition, resources such as interest income, other income and fund
balance are also used to offset any expenses in excess of these allocations.
The Proposed Capital Improvements Budget totals $13,657,149. The breakdown
between project categories is as follows:
2017/2018
Category
Proposed
Street & Sidewalk Capital Projects$3,063,776
Drainage Capital Projects$797,850
Utility Capital Projects$6,140,000
Parks & Recreation Capital Projects$1,652,018
Aquatic Park Capital Projects$700,000
Facility Capital Projects$60,000
Major Capital Equipment Projects$707,232
Other Capital Projects$536,273
In addition, over the course of Fiscal Year 2016/2017, several projects were revised.
Staff will be requesting a formal amendment to the 2016/2017Capital Projects Budget
to include the changes summarized below. Detailed revision forms have been included
in the attachment to this agenda item. Only revisions altering the dollar amount of the
project have been included in the summary below. Projects with a net change of $0
resulting from the reallocation of funds within a project are included in the detailed
attachment, but are not reflected on the summary below.
STREET & SIDEWALK CAPITAL PROJECTS
AdoptedBudget2016/2017
ProjectProjectThroughRevisionRevised
NumberName2016/20172016/2017Budget
SM 1501Preventive Street Maintenance 2015$ 700,000$ (45,100)$ 654,900
Sub-Total$ 700,000$ (45,100)$ 654,900
DRAINAGE CAPITAL PROJECTS
AdoptedBudget2016/2017
ProjectProjectThroughRevisionRevised
NumberName2016/20172016/2017Budget
DR1503Calloway Branch Channel Repair Projects$ 698,500$ 281,814$ 980,314
DR 1401Concrete Lined Channel Rehabilitation Project 131,500(83,815)47,685
DR 1601Drainage Improvements 95,000(84,056)10,944
DR 1501Main Street Drainage Improvements 1,020,00045,1001,065,100
DR 1004Meadowview Estates Channel Drainage 1,743,222(113,943)1,629,279
Improvements
Sub-Total$ 3,688,222$ 45,100$ 3,733,322
UTILITY CAPITAL PROJECTS
AdoptedBudget2016/2017
ProjectProjectThroughRevisionRevised
NumberName2016/20172016/2017Budget
CDBG17Harmonson Road Sanitary Sewer $ 396,000$ 375,000$ 771,000
Improvements
UT 1307Sanitary Sewer Systems Rehabilition of Main 1,500,000(375,000)1,125,000
Lines Phase II
Sub-Total$ 1,896,000$ -$ 1,896,000
PARKS & RECREATION CAPITAL PROJECTS
AdoptedBudget2016/2017
ProjectProjectThroughRevisionRevised
NumberName2016/20172016/2017Budget
PK9602Little Bear Creek Trail Development $2,830,420$ (99,078)$ 2,731,342
PK 1603Northfield Park Renovation 4,305,500 1,778,021 6,083,521
PK 1402Park Pond and Drainage 255,000 - 255,000
PK1606Park System Signage 273,000 33,486 306,486
PK1705Trail Identification and 9-1-1 Emergency 35,000 (33,486) 1,514
Response Signage
PK 1609Unforeseen Park Damage 61,535 5,008 66,543
Sub-Total$7,760,455$ 1,683,951$ 9,444,406
AQUATIC PARK CAPITAL PROJECTS
AdoptedBudget2016/2017
ProjectProjectThroughRevisionRevised
NumberName2016/20172016/2017Budget
WP1701Beachside Bay Cabana Project$ 196,000$ 108,694$ 304,694
WP1702Endless River Bridge Replacement 235,000(108,694)126,306
Sub-Total$ 431,000$ -$ 431,000
FACILITIES CAPITAL PROJECTS
AdoptedBudget2016/2017
ProjectProjectThroughRevisionRevised
NumberName2016/20172016/2017Budget
FC1602Building ACM Abatement and Site Demolition$ 630,000$ (20,000)$ 610,000
Sub-Total$ 630,000$ (20,000)$ 610,000
MAJOR CAPITAL EQUIPMENT
AdoptedBudget2016/2017
ProjectProjectThroughRevisionRevised
NumberName2016/20172016/2017Budget
FS1701Aerial Fire Apparatus 1$ 931,000$ (225,162)$ 705,838
FS1702Aerial Fire Apparatus 2 931,000(225,162)705,838
FS1703Fire Engine 556,00034,860590,860
IS1502Replacement of CAD/RMS 3,000,00020,0003,020,000
Sub-Total$ 5,418,000$ (395,464)$ 5,022,536
OTHER CAPITAL PROJECTS
AdoptedBudget2016/2017
ProjectProjectThroughRevisionRevised
NumberName2016/20172016/2017Budget
ES 0901Neighborhood Initiative Program$ 247,158$ 5,000$ 252,158
Sub-Total$ 247,158$ 5,000$ 252,158
The notice of public hearing was published in the Star Telegram newspaper in
accordance with state law and the City Charter. The public hearing for the Annual
Budget was advertised to be held August 28, 2017during the regular 7:00 p.m. City
Council meeting. The proposed budget document was filed with the City Secretary and
was also placed at the North Richland Hills Public Library for easy public access. The
document was also made available online at the City website, www.nrhtx.com. The
proposed budgetwill be presented for adoption at the City Council meeting on Monday,
September 11, 2017.
At the August 4, 2017budget work session, the Crime Control District (CCD) Board
reviewed the proposed 2017/2018Crime Control and Prevention District Budget. The
CCD Board is scheduled to conduct a public hearing on Monday, August 28, 2017at
6:30 p.m. in the City Council Chamber.
A Parks & Recreation Facilities Development Corporation Board meeting is also
scheduled for Monday, August 28, 2017. During this meeting the Board will conduct a
public hearing on the Park & Recreation Facilities Development Corporation budget,
beginning at 6:40p.m. This meeting will also be held in the City Council Chamber.
RECOMMENDATION:
Open a public hearing, receive comments on the 2016/2017 Revised and 2017/2018
Proposed Budgets, and close the public hearing.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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1
2
3
Street & Sidewalk Sub-Total
Drainage Sub-Total
Utility Sub-Total
Parks & Recreation Sub-Total
Aquatic Park Sub-Total
Facilities Sub-Total
4
Major Capital Equipment Sub-Total
Economic Development Sub-Total
CIP Personnel Sub-Total
Other Sub-Total
Total CIP Project Funding
5
General Obligation Bonds
General Obligation Bonds
Certificates of Obligation
Certificates of Obligation
Federal/State Grants
Federal/State Grants
Reserves
Reserves
Other
Other
General Obligation Bonds
General Obligation Bonds
Reserves
6
Reserves
Certificates of Obligation
Certificates of Obligation
Federal/State Grants
Federal/State Grants
Reserves
Reserves
Other
Other
Certificates of Obligation
Certificates of Obligation
Federal/State Grants
Federal/State Grants
Reserves
Reserves
7
Sales Tax
Sales Tax
Other
Other
Certificates of Obligation
Certificates of Obligation
Reserves
Reserves
General Obligation Bonds
General Obligation Bonds
Certificates of Obligation
Certificates of Obligation
Reserves
Reserves
Other
8
Other
Certificates of Obligation
Certificates of Obligation
Federal/State Grants
Federal/State Grants
Reserves
Reserves
Other
Other
Certificates of Obligation
Certificates of Obligation
Reserves
Reserves
9
Sales Tax
Sales Tax
Other
Other
Certificates of Obligation
Certificates of Obligation
Reserves
Reserves
Federal/State Grants
Federal/State Grants
Reserves
Reserves
Sales Tax
Sales Tax
Other
Other
10
Total CIP Project Funding
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Street & Sidewalk Capital Projects
Preventive Street Maintenance (2015)
SM1501
$654,900
$0
$0
$0
$0
$700,000$45,100$654,900$0$654,900
()
$0
$0
$0
$654,900
$0
$700,000$45,100$654,900$0$654,900
()
$0
28
Drainage Capital Projects
Calloway Branch Channel Repair Project
DR1503
$980,314
$0
$0
$0
$0
$698,500$281,814$980,314$0$980,314
$0
$98,500
$0
$881,814
$0
$698,500$281,814$980,314$0$980,314
$0
29
Drainage Capital Projects
Concrete Lined Channel Rehabilitation Project
DR1401
$47,685
$0
$0
$0
$0
$131,500$83,815$47,685$0$47,685
()
$0
$0
$0
$47,685
$0
$131,500$83,815$47,685$0$47,685
()
$0
30
Drainage Capital Projects
Drainage Improvements
DR1601
$10,944
$0
$0
$0
$0
$95,000$84,056$10,944$0$10,944
()
$0
$10,944
$0
$0
$0
$95,000$84,056$10,944$0$10,944
()
$0
31
Drainage Capital Projects
Main Street Drainage Improvements
DR1501
$945,100
$120,000
$0
$0
$0
$1,020,000$45,100$1,065,100$0$1,065,100
$0
$89,500
$0
$975,600
$0
$1,020,000$45,100$1,065,100$0$1,065,100
$0
32
Drainage Capital Projects
Meadowview Estates Channel Drainage Improvements
DR1004
$1,629,279
$0
$0
$0
$0
$1,743,222$113,943$1,629,279$0$1,629,279
()
$0
$393,057
$0
$1,236,222
$0
$1,743,222$113,943$1,629,279$0$1,629,279
()
$0
33
Utility Capital Projects
Harmonson Road Sanitary Sewer Improvements
CDBG17
$396,000
$375,000
$0
$0
$0
$396,000$375,000$771,000$0$771,000
$0
$79,200
$0
$691,800
$0
$396,000$375,000$771,000$0$771,000
$0
34
Utility Capital Projects
Sanitary Sewer Systems Rehabilitation of Main Lines (Phase II)
UT1307
$1,045,000
$80,000
$0
$0
$0
$1,500,000$375,000$1,125,000$0$1,125,000
()
$0
$300,000
$0
$825,000
$0
$1,500,000$375,000$1,125,000$0$1,125,000
()
$0
35
Parks & Recreation Capital Projects
Little Bear Creek Trail Development (John Barfield Trail Development) ISTEA
PK9602
$2,149,808
$581,534
$0
$0
$0
$2,830,420$99,078$2,731,342$0$2,731,342
()
$0
$489,739
$19,179
$2,222,424
$0
$2,830,420$99,078$2,731,342$0$2,731,342
()
$0
36
Parks & Recreation Capital Projects
Northfield Park Redevelopment
PK1603
This project involves the redevelopment of the existing community park through the design and construction of new amenities
based on meetings to gather stakeholder input. Recommended elements for the redevelopment of the park include a new park
entry, a more efficient park layout, upgrade of all equipment and support facilities and introduction of loop trails. The project will
also ensure the protection of the natural creek corridor and provide engaging views to natural areas.
03/201703/2017
03/201603/2016
05/201705/201705/201805/2018
The revision to the project is to account for a grant awarded by the TPWD in the amount of $500,000.
Certificates of Obligation$3,900,000
$3,900,000
$3,900,000
Sales Tax405,500100,536506,036$506,036
$500,000
Federal/State Grants0500,000500,000
$277,485
Project Savings/Other0277,485277,485
$900,000
Impact Fees0900,000900,000
$4,305,500$1,778,021$6,083,521$0$6,083,521
$0
$0
$402,500
402,500
402,500
$0
0
3,903,0001,778,0215,681,021$5,681,021
$0
0
$4,305,500$1,778,021$6,083,521$0$6,083,521
No operating impact is anticipated.
$0
37
Parks & Recreation Capital Projects
Park Pond and Drainage
PK1402
$255,000
$0
$0
$0
$0
$255,000$0$255,000$0$255,000
$0
$0
$0
$255,000
$0
$255,000$0$255,000$0$255,000
$0
38
Parks & Recreation Capital Projects
Park System Signage
PK1606
$306,486
$0
$0
$0
$0
$273,000$33,486$306,486$0$306,486
$0
$0
$0
$306,486
$0
$273,000$33,486$306,486$0$306,486
$0
39
Parks & Recreation Capital Projects
Trail Identification and 9-1-1 Emergency Response Signage
PK1705
$1,514
$0
$0
$0
$0
$35,000$33,486$1,514$0$1,514
()
$0
$0
$0
$1,514
$0
$35,000$33,486$1,514$0$1,514
()
$0
40
Parks & Recreation Capital Projects
Unforeseen Park Damage
PK1609
This project provides for the repair and replacement of park amenities and structures, as well as street and right-of-way
landscape, hardscape, furniture and other enhancements in response to unanticipated or foreseen damage resulting from
vandalism or accidents.
This project allows for quickly responding to damage or vandalism of landscape features, amenities and structures in our parks
and within our rights-of-way arising from accidents or vandalism. Often, public safety is paramount to taking quick action to
repair such damage. Because processing insurance claims is a time consuming course of action, allocated funds to repair this
damage allows staff to respond to the accident or vandalism event quickly, preserving public safety and maintaining a positive
City image, especially when located in areas of high visibility.
10/201609/2017
This project is a result of damage that occurred at various places around the city parks. More damage has occurred during this
fiscal year.
Reserves$61,535$5,008
$66,543
$66,543$0
0$0
$0
0
$0
0
$0
0
$61,535$5,008$66,543$0$66,543
$0
$0
$0
0
$0
0
61,5355,00866,543$66,543
$0
0
$61,535$5,008$66,543$0$66,543
Minimal impact is anticipated.
$0
00000
41
Aquatic Park Capital Projects
Beachside Bay Cabana Project
WP1701
$304,694
$0
$0
$0
$0
$196,000$108,694$304,694$0$304,694
$5,000
$0
$0
$299,694
$0
$196,000$108,694$304,694$0$304,694
$0
42
Aquatic Park Capital Projects
Endless River Bridge Replacement
WP1702
$126,306
$0
$0
$0
$0
$235,000$108,694$126,306$0$126,306
()
$9,358
$0
$0
$116,948
$0
$235,000$108,694$126,306$0$126,306
()
$0
43
Municipal Facility Capital Projects
Building ACM Abatement and Site Demolition
FC1602
$610,000
$0
$0
$0
$0
$630,000$20,000$610,000$0$610,000
()
$74,000
$0
$0
$536,000
$0
$630,000$20,000$610,000$0$555,909
()
$0
44
Major Capital Equipment Capital Projects
Aerial Fire Apparatus 1
FS1701
This project is for the purchase of a 107' Aerial Fire Apparatus. This purchase will replace Unit 974, an American LaFrance 100'
aerial platform.
This purchase will replace Unit 974. The replacement for this aerial device purchased in 2017 will be 12-years due to these
units not rotating into reserve status.
10/201612/2016
01/201701/2018
Project funding included the sale of Unit 974 when purchasing the new Engine, Unit 974 was traded in, not sold. This revision
is to reflect that changes and actual pricing of the new unit.
Certificates of Obligation$680,000$5,000
$685,000
$685,000$0
Reserves3,15217,68620,838$20,838
$0
Other - Sale of Unit 974247,848(247,848)0
$0
0
$0
0
$931,000$225,162$705,838$0$705,838
()
$0
$0
$0
0
$0
0
931,000(225,162)705,838$705,838
$0
0
$931,000$225,162$705,838$0$699,636
()
No Operating Impact is anticipated.
$0
00000
45
Major Capital Equipment Capital Projects
Aerial Fire Apparatus 2
FS1702
This project is for the purchase of a 107" Aerial Fire Apparatus. This piece of equipment will replace Unit 981, a 77' Tandem
Axle Quint.
This purchase will replace Unit 981. The replacement for this aerial device purchased in 2017 will be 12-years due to these
units not rotating into reserve status.
10/201612/2016
01/201701/2018
Project funding included the sale of Unit 981, when purchasing the new aerial, Unit 981 was traded in, not sold. This revision is
to reflect that changes and actual pricing of the new unit.
Certificates of Obligation$710,000($5,000)
$705,000
$705,000$0
Reserves2,040(1,202)838$838
$0
Other Sale of Unit 981218,960(218,960)0
$0
0
$0
0
$931,000$225,162$705,838$0$705,838
()
$0
$0
$0
0
$0
0
931,000(225,162)705,838$705,838
$0
0
$931,000$225,162$705,838$0$712,040
()
No operating impact is anticipated.
$0
00000
46
Major Capital Equipment Capital Projects
Fire Engine
FS1703
$525,000
$65,860
$0
$0
$0
$556,000$34,860$590,860$0$590,860
$0
$0
$0
$590,860
$0
$556,000$34,860$590,860$0$590,860
$0
47
Major Capital Equipment Capital Projects
Replacement of CAD/RMS Public Safety Software Platform
IS1502
$3,000,000
$20,000
$0
$0
$0
$3,000,000$20,000$3,020,000$0$3,020,000
$0
$0
$0
$20,000
$3,000,000
$3,000,000$20,000$3,020,000$0$3,020,000
$0
48
Other Capital Projects
Neighborhood Initiative Program
ES0901
$187,158
$65,000
$0
$0
$0
$247,158$5,000$252,158$0$252,158
$0
$0
$0
$0
$252,158
$247,158$5,000$252,158$0$252,158
$0
49
CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:August 28, 2017
SUBJECT:Conduct a Public Hearing on the Tax Year 2017(Fiscal Year
2017/2018) Proposed Tax Rate.
PRESENTER:Robert Myers, Budget Director
SUMMARY:
The City Council is requested to open a public hearing on the proposed 0.59cent per
$100 of valuation tax rate and receive public comment. At the conclusion of the public
comments, Council is requested to announce Wednesday, September 6, 2017as the
dateof the second public hearing and Monday, September 11, 2017as the date of the
vote on the adoption of the tax rate. After this announcement, Council is requested to
close the public hearing. No action is required at this hearing as it is held for the
purpose of receiving public comment.
GENERAL DESCRIPTION:
State lawrequires the City to hold two public hearings on the proposed property tax rate
if the proposed rate exceeds the lower of the effective tax rate or the rollback rate.
Because the proposed tax rate exceeds the effective tax rate of 0.575137cents two
public hearings are necessary. The second public hearing is scheduled for Wednesday,
September 6, 2017at 7:00 p.m. in the City Council Chambers at 4301 City Point Drive,
North Richland Hills, TX 76180.
The vote to adopt the proposed tax rate of 0.59cents is scheduled to appear as an
action item on the Monday, September 11, 2017Council agenda duringthe regular 7:00
p.m. City Council meeting. If adopted, this will reducethe tax rateby $0.02 to $0.59
cents.
Individual taxpayers’ property taxes may decrease, increase or remain the same
depending on the appraised value of their property. Senior and disabled property
owners that have a tax ceiling (even if their property values have increased) will pay the
same amount of property tax as the previous year unless their appraised property value
decreased.
RECOMMENDATION:
Open thepublic hearing on the Tax Year 2017(Fiscal Year 2017/2018)Proposed Tax
Rate, receive public comments, announce7:00p.m.Wednesday,September 6, 2017
as the date of the second tax rate public hearing, and announce Monday, September
11, 2017as the date of the vote on the adoption of the tax rate, and close the public
hearing.
CITY COUNCIL MEMORANDUM
FROM:The Office of the City ManagerDATE:August 28, 2017
SUBJECT:TR 2017-05, Ordinance No. 3472,Public hearing to consider
amendments to Sections 118-631, Table of Permitted Uses, and
118-633, Special land use regulations, of the North Richland Hills
Zoning Ordinance regarding network nodes and small cell antennas
as a utility, accessory, and incidental use.
PRESENTER:ClaytonHusband, Principal Planner
SUMMARY:
A revision is proposed tothe Zoning Ordinance related toSection 118-631 Table of
Permitted Uses, andSection 118-633Special land use regulations.The revision would
add “Network nodes, Small cell antennas” as a permitted use by right in all districts.
GENERAL DESCRIPTION:
As part of the research and discussionsabout network nodes and small cell antennas,
suggested revisions to the zoning ordinance were identified to clarify that network nodes
and small cell antennas are considered a utility, accessory, and incidental use.This
item is related to the proposed updates to Chapter 70 of the City Code of Ordinances to
include a Small Cell Wireless Facilities Design Manual on the August 28, 2017, agenda.
The table of permitted uses would be amended to add the use as shown below. In
addition, the special land use regulations would be amended to add a cross-reference
to Chapter 70 of the City Code of Ordinances, which in part regulates the use of the
public rights-of-wayfor network nodes and small cell antennas.
Section 118-631 Table of Permitted Uses
For clarity, the table is divided into two sections.
B. UTILITY, ACCESSORY & INCIDENTAL USES
R1SR1R2R3R4DR6TR7MFO1LR
Network nodes, Small cell antennas PPPPPPPPP
B. UTILITY, ACCESSORY & INCIDENTAL USES
C1C2OCI1I2UAGTown CenterFC
Network nodes, Small cell antennas PPPPPPPPPPPB
Section 118-633Special land use regulations
(27)Refer to Chapter 70 of the Code of Ordinances for special requirements for network nodes
and small cell antennas.
PLANNING AND ZONING COMMISSION:
ThePlanning and Zoning Commission
conducted a public hearing and considered this item at the August 17, 2017, meeting
and voted 4-0 to recommend approval.
RECOMMENDATION:
ApproveOrdinance No. 3472.
ORDINANCE NO. 3472
ANORDINANCEAMENDING THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS BY AMENDING SECTIONS 118-631
AND 118-633OF CHAPTER 118 OF THE NORTH
RICHLAND HILLS CODE OF ORDINANCES AS THEY
PERTAIN TO NETWORK NODES AND SMALL CELL
ANTENNA WIRELESS FACILITIES; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING ASEVERABILITY
CLAUSE;PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS,
the Planning andZoning Commission has after conducting a public
hearing has made its recommendation for the following amendment to the
zoning ordinance; and,
WHEREAS,
after appropriate notice and public hearing, the Planning andZoning
Commission of the City of North Richland Hills, Texas has forwarded a
recommendation to the City Council for amendment of the City’s zoning
ordinance as set forth herein; and,
WHEREAS,
notice has been given and public hearings held as required for
amendments to the zoning ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
Section 1:THAT the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amended by addingthe “Network
nodes, Small cell antennas” land usesinSection 118-631(a)Table of
Permitted Uses of Chapter 118 of the North Richland Hills Code of
Ordinancesto read as follows:
“…
SECTION 118-631: TABLE OF
\[#\] = Conditions. Reference Section 118-633 for
PERMITTED USES
t
i
specific conditions to listed uses.
d
n
ino
Co
RESIDENTIAL DISTRICTS
Ordinance No. 3472
Page 1of 4
P = Permitted by Right
S = Special Use Permit Required
\[Blank\] = Not Permitted
NP = Not Permitted
F
B = Defers to Base Zoning District
SDTM
----
1123467
A = Ancillary H
-------
RRRRRRRM
B. UTILITY, ACCESSORY & INCIDENTAL USES
Network nodes, Small cell antennas27PPPPPPP
SECTION 118-631: TABLE OF PERMITTED USES
\[#\] = Conditions. Reference Section 118-633 for
TOWN
specific conditions to listed uses.
NON-RESIDENTIAL DISTRICTS
CENTER
P = Permitted by Right
S = Special Use Permit Required
\[Blank\] = Not Permitted
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B. UTILITY, ACCESSORY & INCIDENTAL USES
Network nodes, Small cell antennas27PPPPPPPPPPPPPB
…”
Section 2:THAT the Comprehensive Zoning Ordinance and Code of Ordinances of
the City of North Richland Hills be amendedby adding the following to
Section118-633 “Legend forsection 118-631; special land use
regulations” ofChapter 118 of the North Richland Hills Code of
Ordinances:
“…
(27) Refer to Chapter 70 of the Code of Ordinances for special
requirements for network nodes and small cell antennas.
…”
Section 3:This Ordinance shall be cumulative of all provisions of ordinances and of
the Code of Ordinances of the City of North Richland Hills, Texas, as
amended, except when the provisions of this Ordinance are in direct
Ordinance No. 3472
Page 2of 4
conflict with the provisions of such ordinances and such code, in which
event the conflicting provisions of such ordinances and such code are
hereby repealed.
Section 4:It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable and, if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional or otherwise invalid by
the final judgment or decree of any court of competent jurisdiction, such
invalidity shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the city council without the incorporation in
this ordinance of any such invalid phrase, clause, sentence, paragraph or
section.
Section5:All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances
governing zoning that have accrued at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
Section6:The City Secretary is hereby authorized and directed to cause the
publication of this ordinance as provided by law.
Section 7:This ordinance shall be effective September 1, 2017.
AND IT IS SO ORDAINED.
Passed on this 28th day ofAugust, 2017.
CITY OF NORTH RICHLAND HILLS
By:___________________________________
Oscar Trevino, Mayor
Ordinance No. 3472
Page 3of 4
ATTEST:
______________________________
Alicia Richardson, City Secretary
Approved as to form and legality:
______________________________
Maleshia Farmer, City Attorney
Ordinance No. 3472
Page 4of 4
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CITY COUNCIL MEMORANDUM
FROM:The Office of the City ManagerDATE:August 28, 2017
SUBJECT:FP 2017-05Consideration of a request from Stone Creek Real
Estate Partners, LLC,for a final plat of Amundson Addition, Block A,
Lots 3-6, on6.91acres located at8500 Cardinal Lane.
PRESENTER:Clayton Comstock, Planning Manager
SUMMARY:
Stone Creek Real Estate Partners, LLC, is requesting approval of a finalplat of Amundson
Addition, Block A, Lots 3-6. This 6.91-acre subdivision is locatedat the northeast corner
of Mid-Cities Boulevard and Amundson Road.The final plat is consistent with the
preliminary plat and meets the requirements of the zoning ordinance and subdivision
regulations.
GENERAL DESCRIPTION:
The finalplat for Amundson Addition includes four non-residential lotsfronting on Mid-
Cities Boulevard. The property is zoned NR-PD Non-Residential Planned Development,
which allows for the property to be developed as an assisted living center, memory care
center, single-family residential cottages, and offices.
The assisted living center and associated uses will be constructed on Lot 3, which is 5.112
acres in size. The remaining three lots are proposed for office development in the future
and range in size from 20,998 square feet to 29,285 square feet.
Driveway access to the property is from Mid-Cities Boulevard and Amundson Road.
There are not any driveways proposed on Cardinal Lane. Numerouseasements will be
dedicated to accommodate water, sanitary sewer, drainage,and other utilities necessary
to develop the property.Cross-access for vehicle traffic is provided between this property
and the property to the east.
COMPREHENSIVE PLAN:
This area is designated on the Comprehensive Land Use
Plan as “Retail.” This designation is intended to permit a variety of retail trade, personal
and business services establishments, and offices.
THOROUGHFARE PLAN:
The development has frontage on Mid-Cities Boulevard,
Amundson Road, and Cardinal Lane.Right-of-way dedication is not required as sufficient
right-of-way exists for each roadway. A summary of the thoroughfare plan standards for
each roadway is shown in the table below.
ROADWAYDESIGNATIONROW WIDTHLANESDIVIDED
Mid-Cities BoulevardP6D Principal ArterialVariable6Yes
Amundson RoadC4U Major Collector68 ft4No
Cardinal LaneR2U Residential50 ft2No
CURRENT ZONING:
The property is currently zoned Non-Residential Planned
Development (NR-PD). The zoning was approved by City Council on April 24, 2017. This
district allows forthe development of an assisted living center, memory care center,
single-family residential cottages, and office buildings on the site.
SURROUNDING ZONING | LAND USE:
North:
R-1 and R-2 Single-Family| Low Density Residential
West:
AG Agricultural | Retail
South:
TCTown Center | Town Center
East:
C-1 Commercial| Retail
PLAT STATUS:
The property is currently unplatted.A preliminary plat for this propertyis
a related item on the August 17, 2017, agenda.
PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission
considered this item at the August 17, 2017, meeting and voted 4-0 to recommend
approval.
RECOMMENDATION:
Approve FP 2017-05.
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CITY COUNCIL MEMORANDUM
FROM:The Office of the City ManagerDATE:August 28, 2017
SUBJECT:ConsiderOrdinance No. 3473amending Code of Ordinances
Chapter 70 to add Article VIII,Small Cell Wireless Facilities.
PRESENTER:Clayton Husband, Principal Planner
SUMMARY:
The attached ordinance would amend Code of Ordinances Chapter 70 to add a new
section regarding small cell wireless facilities to comply with certain provisions of the
new Chapter 284 of the Texas Local Government Code.
GENERAL DESCRIPTION:
The Texas Legislature recently passed Senate Bill 1004, which becomes effective
September 1, 2017. Chapter 284 mandates that wireless infrastructure and service
providers have access to the public right-of-way to locate their wireless facilities,
including network nodes, support poles, and transfer facilities.
Placing wireless facilities in a right-of-way is standard practice for many utility
companies, but Chapter 284 standardizes the practice and caps the fees that the City of
North RichlandHillscan charge for the use of the public rights-of-way, which is intended
to expedite the process on reasonable and nondiscriminatory terms. Chapter 284 also
limits the City's police power but allows additional restrictions on the placement and
characteristics of network nodes and node support poles when they are proposed to be
located in municipal parks, residential areas, historic districts, design districts, and
underground utility districts.The ordinance also designates HomeTown (Town Center
zoning), Iron Horse TOD, Smithfield TOD and City Point as design districts for purposes
of Chapter 284.
Chapter 284 also permits the City to adopt a design manual governing the installation
and construction of network nodes and new node support poles in the public rights-of-
way that includes additional installation and construction details that do not conflict with
Chapter 284, provided that the design manual must be in place at the time the permit
applications are first submitted on September 1, 2017.
Exhibit “A” attached to the ordinance is the Design Manual and is intended to fulfill the
requirements of Chapter 284. The Design Manual lays out in detailed fashion the rules
and regulations for installing and constructing wireless facilities in the public rights-of-
way.The intent of the design manual is to give assistance and guidance to network
providers and staff for the timely, efficient, safe, and aesthetically pleasing installation of
wireless facilities in the public right-of-way. It outlines prohibited areas, most preferable
locations, and least preferable locations for wireless facilities. In addition, the design
manual lists an order of preference for wireless facilities installation on City assets, i.e.,
on existing utility poles, then municipalservice poles, and lastly on new support poles. It
provides standards and guidelines for location, separation, and how related equipment
including electric meters, cabling, and signage are attached.
RECOMMENDATION:
Approve Ordinance No. 3473.
ORDINANCE NO. 3473
AN ORDINANCE OFTHE CITY OF NORTH RICHLAND HILLS, TEXAS
AMENDING CHAPTER 70, STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES, BY CREATING A NEW ARTICLE VIII,USE OF
PUBLIC RIGHTS-OF-WAY FOR SMALL CELL WIRELESSFACILITIES;
ADOPTING A DESIGN MANUAL TO ESTABLISH UNIFORM
STANDARDS FOR THE CONSTRUCTION, DESIGN AND
INSTALLATION OF SMALL CELL WIRELESS FACILITIES IN THE
PUBLIC RIGHTS-OF-WAY OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS;PROVIDING A PENALTY; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND
REPEAL CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the City of North Richland Hills(the “City”), ahome-rule municipality
created under the laws and the Constitution of the State of Texas, is charged with
maintaining control of and managing access to the public right-of-way for the health,
safety and welfare of the public; and
WHEREAS,
the City finds it isnecessary to regulate the location of small cell
wireless facilities within the City’s publicrights-of-way in order to encourage wireless
infrastructure investment by providing a fair and predictable process for the deployment
of network nodes and node support poles, while enabling the City to minimize and
reduce the impact to public safety within the City’s rights-of-way and to minimize and
reduce impacts to the City, its residents, and visitors, for the general safety and health of
the public; and
WHEREAS
, the City recognizes that small cell facilities are critical to delivering
wireless access to advanced technology, broadband and 9-1-1 services; and
WHEREAS
, the City intends to fully implement and comply with Chapter 284 of
the Texas Local Government Code and comply with federal law to the extent it preempts
local municipal control.
WHEREAS
, the guidelines and procedures set forth herein are in furtherance of
theCity’s authority to manage the public rights-of-way to ensure the health, safety and
welfare of the public, and to require Network Providers to provide fair and reasonable
compensation for use of the public rights-of-way and for collocation on service poles; and
WHEREAS,
state law specifically authorizes municipalities to adopt a design
manual for the installation and construction of network nodes and new node support
poles in the public rights-of-way that include additional installation and construction
details that do not conflict with state law; and
1
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS, THAT:
Section 1:The facts and recitations set forth in the preamble of this Ordinance are
hereby found to be true and correct and are fully incorporated herein into this
Ordinance.
Section 2:That Chapter 70, Streets, Sidewalks and Other Public Places, of the North
Richland Hills Code of Ordinances is hereby amended by adding Article VIII,
Use of Public Rights-of-Way for Small Cell Wireless Facilities, which shall
read as follows:
ARTICLE VIII. -USE OF PUBLIC RIGHTS-OF-WAY FOR SMALL CELL WIRELESS
FACILITIES
Sec. 70-232. -Purpose andscope; reference
.
(a)Purpose.The purpose of this article is to establish policies and procedures for the
installation of small cell antenna facilities and the placement of network nodes and
node support poles in the City’s public rights-of-way, which will provide public
benefit consistent with the preservation of the integrity, safe usage, and visual
qualities of the City’s public rights-of-way and the City as a whole.
(b)Scopeand Intent.In enacting this article, the City intends to exercise its authority
over small cell facilities located in the public rights-of-way by establishing uniform
standards to address potential issues, including without limitation:
(1)prevent interference with the use of rights-of-way and other public
places, including but not limited to, streets, sidewalks, medians and
parkways;
(2)prevent the creation of visual and physical obstructions and other
conditions hazardous to vehicular and pedestriantraffic;
(3)prevent interference with the facilities and operations of facilities
lawfully located in public rights-of-way or onpublic property at the
time a permit isgranted;
(4)protect against environmental damage, including damage totrees;
(5)preserve the character of residential and historic areas, city parks and
deign districts, where facilitiesmay be installed;and
(6)facilitate rapid deployment of small cellfacilitiesand network nodes to
provide the benefits of wireless services to citizens.
(c)Reference. This article shall be referred to as the “Small Cell Wire Facilities
Ordinance.”
2
Sec. 70-233–Authority; application.
(a)Authority. This article is enacted pursuant to and in accordance with Chapter 284 of
the Texas Local Government Code.
(b)Application. This article applies to all wireless services providers who place small
cell antenna wireless facilities in, on or over the City’s public rights-of-way.
(c)Zoning.Applications to construct, modify, maintain, operate, relocate, remove or
replace a network node or node support shall be treated as a permitted use,
exempt from the requirement of a special use permit or other zoningreviewor land
use approval.
(d)Conflicts with Other Articles. This article supersedes all articlesadopted prior to the
effective date of this article to theextent such article conflicts with any prior article.
(e)Conflicts with State and Federal Laws. In the event that applicable federal or State
laws or regulations conflict with the requirements of this Chapter, the Network
Provider shall comply with the requirements of this article to the maximum extent
possible without violating federal or State laws orregulations.
(f)Administration. This article shall be administered by the City Engineer.
(g)Design Manual.Additional policies and procedures for the installation and
construction of network nodes and node support poles in the public rights-of-way
that include installation details are hereby included and adopted as the City of
North Richland Hills Small Cell Wireless Facilities Design Manual (Design Manual),
which is attached hereto to this Ordinance as Exhibit “A” and incorporated herein
for all purposes as if set forth in this Ordinance.
Sec. 70-234-Definitions.
All terms usedin this Article shall have the meaning ascribed to them in Chapter
284of the Texas Local Government Codeand in the City of North Richland Hills Small
Cell Wireless Facility Design Manual.
Sec. 70-235 -Permit Required;Applications andFees
(a) Permit Required. A permit is required for the placement of a small cellwireless
facilities in the public rights-of-way, except as otherwise provided in this article.
(b) Permit Application. All applications pursuant to this article shall be filed on a
form provided by the City. The applicant may designate material as
“proprietary” or “confidential” by clearly marking each page of such materials
accordingly.
(c) Application Requirements.The application shall be made in accordance with the
requirements set forth in the Design Manual.
(d) Application Fees.Unless otherwise provided by law, all applications for permits
3
pursuant to this article shall be in accordance with Appendix A, Fee Schedule.
(e)Time for Review. The City shall comply with all timelines for review and approval of
a permit application as set forth in Chapter 284, Sec. 284.154.
Sec. 70-236 –Design Districts.
The following locations of the city of North Richland Hills shall be and are hereby
designated to be Design Districts within the meaning of Chapter 284 of the Texas Local
Government, Sec. 284.002.
(a)HomeTown (Town Center zoning district)
(b)Iron Horse Transit Oriented Development District
(c)Smithfield Transit Oriented Development District
(d)City Point
Sec. 70-237 -Effect ofPermit.
(a)Authority Granted; No Property Right or Other Interest Created. A permit
from the City authorizes an applicant to undertake only certain activities in
accordance with this article in City rights-of-way, and does not create a property
right or grant authority to the applicant to impinge upon the rights of others who
may have an interest in therights-of-way.
(b)Locations. In the event that the actual locations of any wireless facilities
deviate in any material respect from the locations identified in the plans, drawings
and specifications submitted with the application, the applicant shall notify the City
prior to completion of thework.
(c)Duration. No permit issued under this article shall be valid for a period
longer than six (6) months unless construction is actually begun within that period
and is thereafter diligently pursued tocompletion.
Sec. 70-238 -Removal, Relocation, or Modifications of Wireless Facilities
(a)Notice. Within ninety (90) days following written notice from the City,
Network Provider shall, at its own expense, protect, support, temporarily or
permanently disconnect, remove, relocate, change or alter the position of any small
cell wireless facilities within the rights-of-way whenever the City has determined that
such removal, relocation, change or alteration, is reasonably necessary for the
construction, repair, maintenance, or installation of any City improvement in or upon,
or the operations of the Cityin or upon, therights-of-way.
(b)Emergency Removal or Relocation of Facilities. The City retains the right
and privilege to cut or move any small cell wireless facilities located within the rights-
of-way of the City, as the City may determine to be necessary, appropriate or useful
in response to any public health or safety emergency. If circumstances permit, the
City shall attempt to notify the Network Provider,if known, prior to cutting or
removing a wireless facility and shall notify the Network Provider, if known, after
4
cutting or removing a small cell facility.
Sec. 70-239. –Abandonment of Facilities.
Upon abandonment of a small cell wireless facility within the rights-of-way of the City,
the Network Provider shall notify the City within ninety (90) days. Following receipt of
such notice the City may direct the Network Provider to remove all or any portion of the
small cell wireless facility ifthe City Engineer determines that such removal will be in the
best interest of the public health, safety andwelfare.
Sec. 70-240. –Insurance, Indemnity, Bonding and Security Deposits.
(a)Insurance, bonding, and security deposits shall be in provided in strict
accordance with the City requirements for utility work within the public rights-of-
way.
(b)Indemnity shall be provided in accordance with Local Government Code
Chapter 283, Sec. 283.057 (a) and (b), as amended or revised.
Section 3:Any person, firm or corporation, who violates any provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be subject to a fine not more than Five Hundred Dollars
($500.00), for each offense. Each day the violation continues shall constitute
a separate offense.
Section 4:This Ordinance shall be cumulative of all provisions of the Code of
Ordinances of the City of North Richland Hills, except where the provisions of
this Ordinance are in direct conflict with the provisions of such ordinances and
such Code, in which event conflicting provisions of such ordinances and such
Code are hereby repealed.
Section 5:It is hereby declared to bethe intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this Ordinance are severable,
and, if any phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this
Ordinance, since the same would have been enacted by the City Council
without the incorporation in this Ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
Section 6:All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances in the
Code of Ordinances of the City of North Richland Hills that have accrued at
the time of the effective date of this Ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending
in court or not, under such ordinances, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
5
Section 7:The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this ordinance
two times.
Section 8:This ordinance shall be in full force and effect upon publication as required
by Section 7 herein, but not earlier than September 1, 2017.
AND IT IS SO ORDAINED.
th
PASSED AND APPROVED on the 28day of August, 2017.
CITY OF NORTH RICHLAND HILLS
By_______________________________
Oscar Trevino, Mayor
ATTEST:
______________________________
Alicia Richardson, City Secretary
APPROVED TO FORM AND LEGALITY:
______________________________
Maleshia B. McGinnis, City Attorney
6
EXHIBIT “A”
Ordinance No. 3473
SMALL CELL WIRELESS FACILITIES DESIGN MANUAL
7
EXHIBIT “A”-
To Ordinance No. 3473
Small Cell Wireless Facilities Design Manual
This document shall be known as the “Small Cell Wireless Facilities Design Manual”
(Design Manual).
A.Purpose.
1.The City of North Richland Hills(City) recognizes that the State of Texas has
delegated to the City the fiduciary duty, as a trustee, to manage the public
right-of-way for the health, safety, and welfare of the public to Texas
municipalities.
2.Thestandards and procedures provided in thisSmall Cell Wireless Facilities
Design Manualare adopted to protect the health, safety, and welfare of the
public by minimizing and reducing impacts to public safety within the City’s
rights-of-way.
B.Applicability; Authority.
1.Thesedesign standardsarefor siting and criteria for the installation of
wireless facilities, including micro network nodes, network nodes, node
support poles, and related ground equipment being installed pursuant to Loc.
Gov. Code, Chapter 284.
2.These design standardsshall apply to any sitings, installations, collocations
in, on, over, or under the public rights-of-way of network nodes, node support
poles, micro network nodes, distributed antenna systems, microwave
communications, or other wireless facilities, by whatever nomenclature,
whether they are installed pursuant to Chapter 284, or installed pursuant to an
agreement as agreed to and consented by the City in its discretion, or installed
as may otherwise be allowed by state law.
3.This Design Manual is subject to and is administered in accordance with
Chapter 284 of the Texas Local Government Code and the City’s Small Cell
Wireless Facilities Right-of-Way Use Ordinance (Small Cell Ordinance).
4.The processes and procedures set forth in this Design Manual shall be
administered bythe City Engineer or his designee.
C.Definitions.
The definitions as used in Chapter 284, Sec. 284.002, and in the City’s Small Cell
Ordinance shall be used in this Design Manual, unless otherwise noted below.
For purposes of this Design Manual,the followingterms shall have the same
meanings herein. Words used in the singular number include the plural number and
the plural number includes the singular number, unless the context of the particular
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 1of 41
usage clearly indicates otherwise.The words"shall,"“must,” and “will” aremandatory
in nature, establishing an obligation or duty to comply with the particular provision.
The words “may” and “should” arepermissive in nature.
1.Abandon means with regard to Wireless Facilities and TransportFacilities, and
all equipment installed in the public right-of-way (including but not limited to:
poles, wires, conduits, manholes, handholes, cuts, network nodes, node support
poles, equipment, or any portion thereof) that have been left by a Network
Provider in an unused or non-functioning condition for more than 120
consecutive days,unless,after notice to the Network Provider, Network Provider
has established to the reasonable satisfaction of the City that the applicable
facility, or portion thereof, is still in active use.
2.Accessory Equipment or Ancillary Equipment or Equipment means any
equipment used in conjunction with a wireless facility, node support pole, utility
pole, or service pole, including but not limited to, electric meters, transmission
lines and equipment for telecommunications and electric power, power storage,
power transfer switches, cut-off switches, generation or control equipment,
cables, wiring, equipment buildings, cabinets and shelters, concealment
elements, or grounding equipment.
3.Antennameans communications equipment that transmits or receives
electromagnetic radio frequency signals used in the provision of wireless
services.
4.Applicable Codesmeans (1) uniform building, fire, electrical, plumbing, or
mechanical codes adopted by a recognized national code organization; and (2)
local amendments to those codes to the extent not inconsistent with Chapter
284.
5.Chapter 284means Texas Local Government Code, Chapter 284.
6.Citymeans the City of North Richland Hills, Texas,and the City’s officers and
employees.
7.Collocate and Collocationmeans the installation, mounting, maintenance,
modification, operation, or replacement of network nodes in public right-of-way
on or adjacent to a pole. Collocation also means the location of two (2) or more
wireless services providers with small cell facilities on a single pole.
8.Concealment or Camouflagedmeans any wireless facility or pole that is
covered, blended, painted, disguised, camouflaged, or otherwise concealed
such that the wireless facility blends into the surrounding environment and is
visually unobtrusive,as allowed as a condition for the City to advance approval
under Chapter 284, Sec. 284.105 in Historic or Design Districts. A concealed or
camouflaged wireless facility or pole also includes any wireless facility or pole
conforming to the surrounding area in which the wireless facility or pole is
located and may include, but is not limited to, hidden beneath a façade,
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 2of 41
blended with surrounding area design, painted to matchthe supporting area, or
disguised with artificial tree branches.
9.Decorative Polemeans a streetlight pole specially designed and placed for
aesthetic purposes and on which no appurtenances or attachments, other than
specially designed informational or directional signage or temporary holiday or
special event attachments, have been placed or are permitted to be placed
according to nondiscriminatory municipal codes.
10.Design Districtmeans an area that is zoned, or otherwise designated by
municipal code, and for which the City maintains and enforces unique design
and aesthetic standards on a uniform and nondiscriminatory basis.
11.Distributed Antenna System (DAS)means a type of network node.
12.Easement means and shall include any public easement or other compatible
use created by dedication, or by other means, to the City for public utility
purposes or any other purpose whatsoever. Easementshall include a private
easement used for the provision of utilities.
13.Furnishing Zonemeans the paved portion of the streetscape zone typically
located between the back of curb and the sidewalk. The furnishing zone
typically includes street light poles and lights, utility poles, regulatory signage,
traffic signal equipment and street trees. In some instances,a streetscape zone
may not have a furnishing zone.
14.Highwaymeans right-of-way adjacent to a State or Federal highway.
15.Historic Districtmeans an area that is zoned or otherwise designated as a
historic district under municipal, state, or federal law.
16.Macro towermeans a guyed or self-supported pole or monopole greater than
the height parameters prescribed by Chapter 284, Section 284.103 and that
supports or is capable of supporting antennas.
17.Micro Network Node means a network node that is not larger in dimension than
24 inches in length, 15 inches in width, and 12 inches in height, and that has an
exterior antenna, if any, not longer than 11 inches.
18.Municipal Parkmeans the various properties zoned or designated by the City or
state law as a municipal park and which areunder the direction, control and
supervision of the City’s Managing Director of Community Servicespursuant to
the authority granted by City Council and the City Code ofOrdinances.
19.Municipally OwnedUtilityPolemeans a utility pole owned or operated by a
municipally owned utility, as defined by Section 11.003, Utilities Code, and
located in a public right-of-way.
20.Network Nodemeans equipment at a fixed locationthat enables wireless
communications between user equipment and a communications network. The
term:
a.Includes:
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(1)Equipment associated with wireless communications;
(2)a radio transceiver, an antenna, a battery-only backup power supply,
and comparable equipment,regardless of technological configuration;
and
(3)coaxial or fiber-optic cable that is immediately adjacent to and directly
associated with a particular collocation; and
b.does not include:
(1)an electric generator;
(2)a pole; or
(3)a macro tower.
21.Network Providermeans:
a.A wireless service provider; or
b.A person that does not provide wireless services and that is not an electric
utility but builds or installs on behalf of a wireless service provider:
(1)Network nodes; or
(2)Node support poles or any other structure that supports or is capable of
supporting a network node.
22.Node Support Polemeans a pole installed by a network provider for the primary
purpose of supporting a network node.
23.Parkway Stripmeans the unpaved portion of the right-of-way between theback
of curb and thesidewalk. The parkway strip typically includes street light poles
and lights, utility poles, regulatory signage, traffic signal equipment, and street
trees. In some instances,a streetscape zone may not have a parkway strip.
24.Pedestrian clear zonemeans the unencumbered paved or sidewalk portion of
the streetscape zone inside the right-of-way. The pedestrianclear zone may or
may not be separated from the travel lane by a furnishing zone or parkway
strip.
25.Permit means a written authorization for use of the public right-of-way or
collocation on a service pole required from the City before a Network Provider
may perform an action or initiate, continue, or complete a project over which the
City has police power authority.
26.Polemeans a service pole, municipally owned utility pole, node support pole, or
utility pole.
27.Public Right-of-Waymeans the area on, below, or above a public roadway,
highway, street, public sidewalk, alley, waterway, or utility easement in which
the municipality has an interest. The term does not include a private easement
or the airwaves above a public right-of-way with regard to wireless
telecommunications.
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28.Replacement means constructing a new Poleof comparable proportions and of
comparable height to a preexisting Pole in order to accommodate collocation of
small cell wireless facilities; and the associated removal of the preexisting Pole
and or wireless facilities.
29.Residential areameans a single-family residential lot or other multifamily
residence or undeveloped land that is designated for residential use by zoning.
30.Service polemeans a pole, other than a municipallyowned utility pole, owned
or operated by a municipality and located in a public right-of-way, including
a.A pole that supports traffic control functions;
b.A structure for signage;
c.A pole that supports lighting, other than a decorative pole; and
d.A pole or similar structure owned or operated by a municipality and
supporting only network nodes.
31.Small cellantennashall be included as a type of network node.
32.Streetmeans only the paved portion of the right-of-way used for vehicular
travel, being the area between the inside of the curb to the inside of the
opposite curb, orthe area between the two parallel edges of the paved
roadway for vehicular travel where there is no curb. A ‘street’ is generally part
of, but smaller in width than, the entire right-of-way. While a right-of-way may
include sidewalks and utility easement,a ‘street’ does not. A ‘street’ does not
include the curb or sidewalk, if either are present at the time of a permit
application or if added later.
33.Traffic signal means any device, whether manually, electrically, or mechanically
operated by which trafficis alternately directed to stop and then proceed.
34.Transport facilitymeans each transmission path physically within a public right-
of-way, extending with a physical line from a network node directly to the
network, for the purpose of providing backhaul fornetwork nodes.
35.Underground requirementareameans an area where poles, overhead wires,
and associated overhead or above-ground structures have been removed and
buried or have been approved for burial underground pursuantto municipal
ordinances, zoning regulations, state law, private deed restrictions, and other
public or private restrictions, that prohibit installing above-ground structures in a
public right-of-way.
36.Utility Polemeans a pole that provides:
a.electric distribution with a voltage rating of not more than 34.5 kilovolts;or,
b.services of a telecommunications provider as defined by Chapter 284,
Section 51.002, Utilities Code.
37.Wireless Servicemeans any service, using licensed or unlicensed wireless
spectrum, including the use of Wi-Fi, whether at a fixed location or mobile,
provided to the public using a network node.
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38.Wireless service providermeans a person that provides wireless service to the
public.
39.Wireless Facilitiesmeans micro network nodes, network nodes, node support
poles, transport facilities, and any related equipment, including, but not limited
to, ground or underground equipment, and not macro facilities.
D.Prohibited and Preferred Locations of Micro Network Node, Network Node, Node
Support Pole, and Related Ground Equipment.
1.The following are prohibited or restricted areas for certain wireless facilities,
except with separate City agreement or subject to concealment conditions.
a.Municipal parks and residential areas.
(1)In accordance with Chapter 284, Sec. 284.104(a), a Network Provider
shall not install a wireless facility in a public right-of-way without the
City’s discretionary, nondiscriminatory, and written consent if the public
right-of-way is in a municipal park or is adjacent to a street or
thoroughfare that is:
(a)not more than 50 feet wide; and
(b)adjacent to a residential area.
(2)Each permit application shall disclose if the wireless facilities are within
a municipal park and residential area as described above.
b.Historic districts and design districts.
(1)In accordance with Chapter 284, Sec. 284.105, a Network Provider
must obtain written approval from City before collocating network
nodes or installing node support poles in a historic district or design
district with decorative poles.
(2)Each permit application shall disclose if the wireless facilities are
located within a historic district or design district with decorative poles,
or in an area of the city zoned or otherwise designated as a design
district or historic district.
(3)As a condition for approval of wireless facilities in a historic district or
design district with decorative poles, the Network Provider shall install
wireless facilities utilizing concealment measures(see Exhibit 1). Any
request for installations in a historic district or design district with
decorative poles shall be accompanied with proposed concealment
measures in the permit applications.
(4)A Network Provider shall comply with and observe all applicable laws,
including but not limited to, Section 106 of the National Historic
Preservation Act.
c.Compliance with Undergrounding Requirements.
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(1)In accordance with Chapter 284, Sec. 284.107, a Network Provider
shall comply with all nondiscriminatory undergrounding laws,
regulations, and requirements that prohibit installing above-ground
structures in public right-of-way without first obtaining zoning or land
use approval.
(2)Areas may be designated from time to time by the City as underground
requirement areas in accordance with filed plats and/or conversions of
overhead to underground areas, as may be allowed by law.
(3)Each permit application shall disclose if the wireless facilities are
located within adesignated underground requirement area.
2.Least preferable locations.
a.Municipal parks and residential areas.
b.Historic districts and design districts. Installing wireless facilities on Main
Street in the Smithfield Transit Oriented Development district is strongly
discouraged.
c.Historic landmarks. A Network Provider is discouragedfrom installing wireless
facilities within three-hundred (300) feet of a historic site, structure, or historic
landmark recognized by the City, State, or Federal government, as of the date
of the submission of the permit. See, for example, and not limitedto,
§442.001(3) Texas Government Code, and 16 U.S.C. §470.
(1)The City requests that a Network Provider explore the feasibility of
using concealment measures to improve the aesthetics and design of
the wireless facilities to minimize the adverse impact to the historic
landmark, site, or structure.
(2)A Network Provider shall comply with and observe all applicable laws,
including but not limited to, Section 106 of the National Historic
Preservation Act.
(3)Each permit application shall disclose if the wireless facilities are
located within three-hundred (300) feet of a historic landmark.
3.Most preferable locations.
a.Industrial areas, if not adjacent to a municipal park, residential area, historic
district, or design district.
b.Highway areas, if not adjacent to a municipal park, residential area, historic
district, or design district.
c.Retail and commercial areas, if not adjacent to a municipal park, residential
area, historic district, or design district.
d.Consult City staff for information regarding current historic districts and design
districts.
4.Designated areas. Under Chapter 284.105, the City Council may designate an
area as a design district or historic district at any time.
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a.Currently designated design districts:
(1)HomeTown (Town Center zoning district)
(2)Iron Horse transit oriented development district
(3)Smithfield transit oriented development district
(4)City Point
b.The failure to designate an area in this document shall not mean that such an
area is not within a defined district, if so designated by the City Council.
c.While Chapter 284 does not require the City to designate underground
compliance areas to prohibit above-ground wireless facilities, the City may,
from time to time, designate such areas.
5.By its discretionary consent and agreement, the City may grant exceptions to the
above prohibited locations and sizes, but only in a non-exclusive and non-
discriminatory manner, as allowed or required by Chapter 284, Sec. 284.109 and
Sec. 284.110.
E.Order of preference regarding attachment and placement of wireless facilities in the
public right-of-way.
1.Micro network nodes shall only be lashed on existing communication lines
between existing utility poles (electric poles or telephone poles), with notice to
the pole owner as required by applicable laws, including but not limitedto, the
Federal Pole Attachment Act, 47 U.S.C. §224, and not placed on utility poles,
node support poles, or service poles.
2.Existing utility poles (electric poles or telephone poles) shall be the preferred
support facility for network nodes and related ground equipment.
3.Municipal service poles in the following order of preference:
a.Non-decorative street lights with a height of more than twenty (20) feet(see
Exhibit 2).
(1)be encased in a separate conduit than the street light electronics;
(2)have a separate electrical power connection than the street light
structure; and
(3)have a separate access point than the street light structure.
b.Street signage shall be a low priority for attachment of a network node.
Installations on all street signage structures shall notinterfere with the
integrity of the facility in any way that may compromise the safety of the
public. Installation of wirelessfacilities on any street signage structures that
have electronics shall:
(1)be encased in a separate conduit than any City signage electronics;
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(2)have a separate electric power connection than the signage structure;
and
(3)have a separate access point than the signage structure.
c.Decorative street lights (see Exhibit 4)shall:
(1)be encased in a separate conduit than any street light electronics;
(2)have a separate electric power connection than the street light structure;
and
(3)have a separate access point than the street light structure.
d.Traffic signal structures(see Exhibit 3), when such installation will not
interfere with the integrity of the facility and will not interfere with the safety of
the public, and in accordance with an agreement, as allowed by Chapter 284,
Sec. 284.056 and Sec. 284.101(a)(3) and (b). Installation of wireless facilities
on any traffic signal structures shall:
(1)be encased in a separate conduit than the traffic light electronics;
(2)have a separate electrical power connection than the traffic signal
structure; and
(3)have a separate access point than the traffic signal structure.
e.Other municipal service pole use is discouraged.
4.New node support poles shall be the least preferred type of allowed facility for
attachment of network nodes.
F.Prior to applying for a permit.
1.Prior to applying for a permit for installation of a network node or network support
pole, network providers shall obtain an address for each network node or node
support pole from the Planning & Zoning Department.
2.Network Providers and their contractors shall registeras commercial general
contractorswith the Building Inspections Department prior to submitting an
application.
3.Network Providers shall be an active member of the Texas811 one-call contact
center. Paint used to mark underground utilities shallbe water based paint.
4.For non-City owned property within the public right-of-way, Network Providers
are responsible for obtaining permission from the owners of such non-City owned
property.
5.It shall be the responsibility of the Network Provider to evaluate, prior to
submitting a permit application, the compatibility between the existing City
infrastructure and Provider's proposed network node. A network node shall not
be installed in a location that causes any interference with existing City
infrastructure. Network nodes shall not be allowed on City's public safety radio
infrastructure.
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G.Permitting.
1.Network Providers shall provide evidence of such permission to attachor use
non-City owned property and right-of-way. If the project lies within a highway, the
applicant must provide evidence of a permit from the State or Federal
government, as applicable.
2.Prior to installingwireless facilities,Network Providers shall complete and submit
an application for a wireless facilitiespermit. The following are the required
documents for each application.
a.Plans and drawings prepared and sealed by a professional engineerlicensed
in the State of Texas that provide detailed drawings with calculations
indicating strict conformity to the size limitations as set forth in Chapter 284, in
accordance with, but not limited to, Sec. 284.002, Size of a Micro Network
Node, Sec. 284.003, Size of Network Nodes, and Sec. 284.103, Maximum
Pole Height.Plans must include geotechnical information from a bore in the
immediate vicinity of the proposed pole. The proposed foundation design
must be based on the geotechnical conditions as defined in the geotechnical
report performed by a licensed professional engineer.
b.Installations on all utility poles and service poles shall include an industry-
standard pole load analysis indicating that the service pole to which the
network node is to be attached will safely support the load, in accordance with
Chapter 284, Sec. 284.108.
c.Siteplan and plat that includesthe following:
(1)Indication of current right-of-way line and other easementsand
encumbrances.
(2)Indication of spacing from existing curb, driveways, sidewalk, trees,
utilities, other poles, and existing buildings.
(3)Width of pedestrian clear zone.
(4)Proposed underground conduit and equipment and its spacing from
other utilities.
(5)A sectional profile of the right-of-way identifyingall existing utilities and
existing utility conflicts.All electrical lines must be placed in rigid steel
conduits. All conduit shall be located a minimum of thirty-six(36) inches
away from existing utilities, not less than five (5) feet from edge of pipe
for water or sanitary sewer mains, and three (3) feet above or below
water or sanitary sewer mains when crossing perpendicularly. Written
approval from the City Engineer is required if the conduit crosses a water
or sanitary sewer main.
d.Scaled anddimensioned drawings of the proposed attachments of the
network node to a service pole or node support pole of a scale of not less
than one inch equals forty feet (1” =40’).
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e.Photo simulations are required(see Exhibit 5).
f.Copy of the node ID sticker.
g.Longitude and latitudefor each network node and node support pole.
h.An analysis, including test results,demonstrating that the proposed wireless
facilities do not cause any interference with the City’s public safety radio
system, traffic signal light system, or other City safety communications
components, in accordance with Chapter 284, Sec. 284.304.
3.In the event that placement or maintenance of wireless facilities conducted by the
Network Provider requires streets or traffic lanes to be closed or obstructed, the
Network Provider shall submit a traffic control plan. A storm water pollution and
prevention planand trench safety plansmay be required depending on the scope
of work.Network Providers shall avoid placing any wireless facility over an
existing drainage easement. Wireless facilities shall be located no farther into the
drainage easement than three (3) feet. The City retains the right to determine
these conflicts and mayrequire the relocation of the wireless facility during
review.
4.Network Providers shall obtain an electrical permit and inspection by City prior to
the installation of an electrical meter.
5.Site coordination meeting with City staff are required if the wireless facility is to
be located in a historic district or design district.
6.Network Providers shall pay all fees and rates as established in Appendix A –
Fee Schedule.
H.Standards and guidelines on wireless facilities.
1.General
a.In accordance with Chapter 284.102, a Network Provider shall construct and
maintain wireless facilitiesin a manner that does not:
(1)Obstruct, impede, or hinder the usual travel or public safety on a public
right-of-way;
(2)Obstruct the illumination of street lights;
(3)Obstruct the legal use of a public right-of-way by other utility providers;
(4)Violate nondiscriminatory applicable codes;
(5)Violate or conflict with the City’sSmall Cell Wireless Facilitiesright-of-
way useordinance or this Design Manual;
(6)Violate the federal Americans with Disabilities Act of 1990 (42 U.S.C.
Section 12101 et seq.).
b.In historic districts and design districts with decorative poles, the following
shall apply:
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(1)A Network Provider must obtain advanced approval from the City before
collocating new network nodes or installing new node support poles.
(2)Concealment of wireless facilities shall be required in historic districts
and design districts with decorative poles, pursuant to Chapter 284.105.
Network providers shall submit proposals for concealment with the
documents required for permitting.
(3)The new network nodes or node support polesshall be concealed or
enclosed in an equipment box, cabinet, or other unit that may include
ventilation openings.
(4)Only one (1) network node shall bepermitted onany one (1) pole(see
Exhibit 6).
c.Network Providers shall not install wireless facilities on public art without
written permission from the City, in order to prevent issues of potential
intellectual property infringement.
d.Transport facilities shall be underground. Aerial power and fiber connections
shall not be permitted(see Exhibit 7).
e.All attachments on service poles shall be at least twelve (12) feet above
grade, in accordance with Chapter 284, Sec. 284.108(a)(1)-(2). If a wireless
facility’s attachmentis projected toward the street, for the safety and
protection of the public and vehicular traffic, the attachment shall be installed
no less than sixteen (16) feet above grade(see Exhibit 8).
f.Caution shall be exercised during the construction and installation of new
support poles and network nodes so they do not interfere or conflict with
existing building overhangs and awnings.
2.Location
a.All wireless facilities shall be located to avoid any physical or visual
obstruction to pedestrian or vehicular traffic, or in any manner create safety
hazards to pedestrians or motorists.
b.Where available, all wireless facilities shall be located in the furnishing zone
or parkway strip in line with existing street trees and decorative poles. In no
instance when a furnishingzone or parkway strip is available shall wireless
facilities be located in a pedestrian clear zone. Wireless facilities equipment in
the furnishing zone shall generally be placed in the center of the furnishing
zone or parkway strip and shall meetminimum Texas Department of
Transportation and City public works design manual setback requirements
from the back of curb, generally eighteen (18) to twenty-four (24) inches(see
Exhibit 12).
c.Where there is no furnishing zone or parkway strip, wireless facilities shall
maintain either a minimum five (5) foot wide pedestrian clear zone from back
of curb to the inward edge of the wireless facilities, or a minimum five (5) foot
wide pedestrian clear zone between the outward edge of the wireless facilities
andthe back of sidewalk(see Exhibit 12).
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d.In a historic district or design district, wireless facilities shall maintain either a
minimum seven (7) foot wide pedestrian clear zone from back of curb to the
inward edge of the wireless facility, or a minimum seven (7) foot wide
pedestrian clear zone between the outward edge of thewireless facility and
the back of sidewalk.
3.Height
a.In residential zoning districts, historic districts, and design districts with
decorative poles, height is a factor when determining sufficient concealment.
b.In all other districts and in accordance with Chapter 284, Sec. 284.103, a
node support pole, a new, modified or replacementutility pole, or service pole
may not exceed the lesser of:
(1)ten (10) feet in height above the tallest existing utility pole located within
five hundred (500) linear feetof a new pole in the same public right-of-
way; or
(2)Fifty-five (55) feet above grade.
4.Separation
a.The separation between wireless facilities shall be a minimum of two hundred
fifty (250) feet in historic districts and design districts with decorative poles,
and two hundred (200) feetin all other areas,per block face,to minimize the
hazard of multiple poles adjacent to roadways and to minimize the effect on
property values and aesthetics of the area(see Exhibit 13).
b.In residential zoning districts, wireless facilities shall be located where the
shared property line between two residential parcels intersect the public right-
of-way(see Exhibit 14).
c.In non-residential zoning districts, wireless facilities shall be located between
tenant spaces, storefront bays, or adjoining properties where their shared
property lines intersect the right-of-way.
d.Wireless facilities shall not be located in front of a building entrance or exit.
5.Network nodes
a.Networknodes shall be mounted in an inconspicuous location and painted to
match the existing pole.
b.Network node placement shall not impair light, air, or views from adjacent
windows(see Exhibit 15).
c.The following guidelines are preferred for installation of wireless facilities.
(1)Use antenna models that include GPS antenna, if needed, integrated
into the same cylindrical shape on top of the main antenna.
(2)Minimal profiles and shrouds are preferred.
(3)Use antennas with electronic tilt mechanisms that reduce the need for
bulkymechanical tilt brackets.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 13of 41
(4)A top-mount antenna with a very tall extension arm may look out of
character in a low-lying residential neighborhood, but a top mount
antenna that is relatively narrow and nearly flush with the top of the pole
may offer a very minimal profile, which is preferred.
(5)Use single element side-arms instead of dual parallel side-arms.
Evaluateopportunities to utilize cylindrical antennas in lieu of panel
antennas. If panel antennas are utilized, consider theuseof mini
shrouds below each panel antenna to reduce the visibility of the cable
loops. Avoid the use of large bracket systems for panel antennas, which
create a significant offset from the pole.
(6)For side-mounted antennas, consider using an arm that features
flanges/channels so that cabling and passive radio frequency gear can
be better hidden from view.
(7)Fortop-mounted antennas, consider using a shroud around the base of
the antenna, especially for antenna models with four or more cabling
ports, as cable systems without a shroud at the base of the antenna can
appear cluttered. If a shroud cannot be used, utilize Velcroties or wire
ties to neatly arrange cabling.
(8)Pole top extension arms shallnot appear offset from the pole. Utilize an
arm that is as wide asthe top of the pole and tapers toward the antenna.
6.New node support poles
a.Node support poles shall be set back beyond the signal conduit at an
intersection so as not to interfere with or obstruct underground signal
functionality. The City Engineer may require greater setbacks from these and
other fixtures in the right-of-way to ensure propersight lines for public safety
purposes.
b.All new node support poles shall be black-coated metal poles. All poles shall
be mounted on a frangible metal base or system ofbreakaway couplings. The
designof the breakaway feature shall be in accordance withthe requirements
of the AASHTO ‘Roadside Design Guide’. Wooden support poles are
prohibited.
7.Equipment
a.Equipment, as defined in Chapter 284, Sec. 284.003 and in the SmallCell
Ordinance,shall be minimized and consolidated as much as possible.Ground
equipment shall be minimal and the least intrusive.
b.In historic districts and design districtswith decorative poles, equipment shall
be designed to be inside a pole or utility enclosure that is already present in
the environment,or in a polethat matches the design used on the street
already. Equipment shall be incorporated into the design of the infrastructure
when possible.
c.For the safety of municipal park patrons andto allow full line of sight near
municipal park property, Network Providers shall not install ground equipment
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 14of 41
in a right-of-way that is within a park, unless written approval is provided by
the City Engineer.
d.Collocation of ground equipment is encouraged.
e.In accordance with Chapter 284.102(1), in order to maximize the line ofsight
at street corners and intersections, and to minimize any obstruction,
impediment, or hindrance to the usual travel or public safety on a public right-
of-way, ground equipment shall not be installed within two hundred fifty (250)
feet of a street corner or a street intersection.
f.Equipment enclosures and equipment mounting base plates shall be the
same width as the pole or structure that they are attached to, even if they
need to be slightly longer as a result. Narrow equipment enclosures are less
likely to impede pedestrian traffic, impair views of buildings and scenic
resources, or to detract from streetscapes(see Exhibit 16).
g.Equipment attached to a pole shall be installed at least twelve (12) feet above
the ground in accordance with Chapter 284, Sec 284.108. If a network node
attachment is projecting toward the street, for the safety and protection of the
public and vehicular traffic, the attachment shall be installed no less than
sixteen (16) feet above the ground(see Exhibit 9).
h.In accordancewith Chapter 284, Sec. 284.003 (a)(1)(C), Sec.
284.003(a)(2)(C), and Sec. 283.004(a)(3)(B), no protrusion from the outer
circumference of the existing structure or pole shall be more than two (2) feet.
i.The color of all equipment shall match or complement its location.
j.Equipment shall be stacked close together and on the same side of the pole
or be collocated with other ground equipment. If a long rectangular disconnect
switch is used, the enclosure must be rotatedso the elements can be stacked
closer together on the pole. Avoid offsets of more than four (4) inches of
equipment enclosure brackets from the pole.
k.Equipment shall be oriented away from nearby residential windows,
doorways, entrances, and the primary pedestrian travel direction.
l.Equipment shall not be placed adjacent to the walkway in a manner that
diminishes the comfort of pedestrians or be located within the pedestrian
clear zone(see Exhibits10and11).
8.Electrical supply
a.Network Providers shall be responsible for obtaining any required electrical
power service to the wireless facility. The City shall not be liable to the
Network Provider for any stoppages or shortages of electrical power furnished
to the wireless facilities, including without limitation, stoppages or shortages
caused by any act, omission, or requirement of the public utility serving the
structure or the act or omission of any other tenant or Network Provider of the
structure, or for any other case beyond the control of the City.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 15of 41
b.ANetwork Provider shall not allow or install generators or back-up generators
in the right-of-way in accordance with Chapter 284, Sec. 284.002(12)(B)(1).
c.Network Providers shall utilize a line drop (no electric meter enclosure), if
allowed by the utility company, or use the narrowest electric meter and
disconnect available. Meter and other enclosures shall match the
infrastructure to whichit is attached and shall be well maintained, including
regular painting, and the use of a graffiti-resistant paint.
d.The disconnect switchesshall be stacked above or below the meter instead
of attached to the side of the meter.
e.Electric meters and disconnect switches shall be located as required by the
utility company. Electric meters and disconnectswitches shall not be located
on the side of the pole that faces the sidewalk. Conduit leading to the electric
meter box and disconnect switch shall matchthe color of the pole.
f.If the electric meter is not attached to the pole, it shall be located in a cabinet
with a concrete base.
9.Logos, decals, flashing lights, RF warning sticker, and node IDs
a.Network Provider shall post its name, identifying information, permit number,
and emergency telephone number in an area on the cabinet of the wireless
facility that is visible to the public. Signage required under this section shall
not exceed two (2) inches by four (4) inches, unless otherwise required by
law.
(1)The node ID sticker must be placed on the underside of the equipment
enclosure so it is only visible whenstanding next to the pole and looking
up. If the node ID sticker cannot be placed on the underside of the main
equipment area, the sticker must be placed on the side of the enclosure
facing in the direction of travel (e.g., north-facing for a pole on the right
hand side of the street on a north-south street). Alternatively, the
disconnect information should be combined with the node ID information.
(2)Sticker colors must be muted, complementary, or the same color as the
equipment, but with white lettering.
(3)The smallest and lowest visibility radio-frequency (RF) sticker required
by government or electric utility regulations must be used. The sticker
must be placed as close to the antenna as possible, facing directly out
toward the street, or directly away from the street if there is no window or
doorway within twenty-five (25) feet of the pole.
b.All equipment manufacturer decals shall be removed. Except as required by
law or by the utility pole owner, Network Provider shall not post any other
signage or advertising on the wireless facility(see Exhibit 17).
c.Equipment shall not have flashing lights.
d.All visibly depressed manufacturer logos on equipment boxes shall be filled
in.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 16of 41
10.Cabling
a.Exposed wiring is prohibited. Above the electric meter and disconnect switch,
all conduit and wiring shall be located inside the pole(see Exhibit 10).
b.The use of shrouds, risers, or conduit to reduce the appearance of cluttered
or tangledcabling is required. Excess loose cabling, exceed decals or
stickers, and the cluttered appearance of equipment cabinets is prohibited
(see Exhibit 17).
c.Insome instances, installation practices such as using equipment enclosures
with specific port locations, or crossing wires below a down-facing port on an
equipment enclosure, can reduce the likelihoodthat cabling will appear
cluttered or bend outward from the pole and further away from the enclosure.
d.Instructional notes for the installer shall be included on the plan drawings in a
checklist format in order to ensure property field installation.
11.Paint
a.The color of the equipment enclosures shall match the infrastructure to which
it is attached. Antennas, brackets, and cabling shall match the color of the
equipment, including the fiber termination enclosure. All equipment shall
match the pole, including PVC, steel risers, or other materials.
12.Trees and vegetation
a.Except in cases where normal tree or vegetation trimming is necessary to
ensure the safe operation of the communicationsservice or to protect the
Network Provider’s wireless facilities, the removal, cutting, marring, defacing,
or destruction of any trees or other vegetation, other than grass, by Network
Providers within the public right-of-way is prohibited, unless the Network
Provider has obtained authorizationfrom the City.
b.All such normal tree or vegetation trimming by the Network Provider must be
performed in accordance with the requirements of existing or subsequently
enacted City ordinancesand shall be at the Network Providers own expense.
c.All other removal, cutting, marring, defacing, or destruction of any trees or
other vegetation, other than grass, by the Network Provider shall be subject to
the supervision and direction of the City or other appropriate governmental
authority. If the Network Provider either (i) fails to engage in normal tree or
vegetation trimming on public property and such failure results in the Network
Provider’s wireless facilities causing damage or injury to any property or
person, or (ii) engages in normal tree or vegetation trimming on public
property and through such action causes damage or injury to any property ow
person, then the Network Provider, by act of registering hereunder, agrees to
INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY FORANY
LIABILITY RESULTING FROM SUCH DAMAGE OR INJURY
. The Network
Provider may contract for such services provided any firm or individual so
retained shall receive City approval prior to commencing such activity.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 17of 41
13.Installation
a.A Network Provider shall, at its own cost and expense, install and construct
the wireless facilities in a good and workmanlike manner and in accordance
with the requirements promulgated by the City Engineer, as such may be
amended from time to time. Network Provider's work shall be subject to the
regulation, control and direction of the City through the City Engineer. All work
done in connection with the installation, operation, maintenance, repair,
modification and replacement of wireless facilitiesshall be in compliance with
all applicable local, State and Federal laws, ordinances, codes, rules and
regulations.
b.In an effort to minimize the adverse impact on the public rights-of-way and
other municipal improvements, a Network Provider may be required to
coordinate the placement or maintenance of its wireless facilities with any
work, construction, installation in or repairs of the subject public rights-of-way
or other facilities therein that is occurring or is scheduled to occur within a
reasonable time from application for a permit. Every Network Provider shall
make space in its trench and conduit within the public rights-of-way available
to other providers, consistent with all applicable laws. Every Network Provider
shall utilize existing conduits, pathways and other facilities whenever
possible, and shall not place or maintain any new, different, or additional
poles, conduits, pathways or other facilities, whether in the public rights-of-
way or on privately owned property, until written approval is obtained from the
City or other appropriate governmental authority, and, where applicable, from
the private property owner.
c.Potholing by hydro excavation method shall be required when conduit
crosses a water or sanitary sewer mains.
d.Excavation, staging, or other construction work shall not beallowed outside
the public right-of-way as part of the installation of a wireless facility within the
right-of-way unless written permission is granted by the property owner.
e.Oversight by a City inspector is required during constructionfor all wireless
facilities.
(1)Work days and hoursfor installation shall be Monday through Friday,
8:00 AM to 5:30 PM, except for those days on which the City is closed in
observance of a holiday.
(2)Work beyond regular hours stated above will require the availability of a
construction inspector and a fee of $75 per hour for overtime.
f.All work shall conclude ten (10) calendar days from commencement of
installation ofeach wireless facility.
14.Restoration
a.Network Provider shall repair any damage to the right-of-way, or any facilities
located within the right-of-way, and the property of any third party resulting
from Network Provider's removal or relocation activities (or any other of
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 18of 41
Network Provider's activities hereunder). Repairs shall be completed within 10
calendar days following the date of such removal or relocation, at Network
Provider's sole cost and expense, including restoration of the right-of-way and
such property, to the same condition as it was immediately before the date
Network Provider was granted a permit for the applicable location or did the
work at such location (even if Network Provider did not first obtain a permit),
including restoration or replacement of any paving system, damaged trees,
shrubs or other vegetation. Such repair, restoration and replacement shall be
subject to the sole, reasonable approval of the City Engineer.
b.If the Network Provider fails to make such restoration within ten (10) days
following the completion of such placement or maintenance, the City may
perform such restoration and charge the costs of the restoration to the
Network Provider. The City will issue an invoice for such cost. The invoice
must be paid within thirty (30) calendar days. The Network Provider shall, to
the satisfaction of the City Engineer, maintain and correct any restorations
made pursuant hereto for a period of twelve (12) months following the date of
its completion, including any restorations made by the City. Failure to comply
shall be deemed sufficient grounds for denial of any future permits for the
placement or maintenance of wireless facilities.
15.Inspections
a.The City Engineer or designee reserves the right to perform visual inspections
of any wireless facility located in the public right-of-way as the City Engineer
deems appropriate. A Network Provider may have a representative present
during such inspection.
16.Effect of approval
a.A wireless facility that has received City approval in the form of a permit shall
be considered an existing wireless facility as long as such approval is current
and not expired.
b.Permits for wireless facilities shall become null and void if the work authorized
by the permit is not commenced withinsix (6) monthsfrom the date of
issuance. Upon expiration of the permit, the Network Provider must reapply.
c.A Network Providershall maintain as-built plans, accurate maps, and other
appropriate records of its wireless facilities as they are actually constructed in
the public right-of-way. The use of AutoCAD and GIS digital formats is
recommended. A Network Provider shall provide additional maps to the City
upon request.
17.Waivers
a.By its discretionary consentand agreement, the City may grant exceptions to
the above restricted locations and size, but only in an exclusiveand non-
discriminatory manner, as allowedby Chapter 284, Sec. 284.109 and Sec.
284.110.
18.Permit Review Process; Appeal
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a.All applications for a permit for wireless facilities shall be reviewed and
decided in the manner required by Chapter 284, Sec. 284.154.
b.All appeals fro a decision of the City Engineerrelated to this Design Manual
will be heard and decided by the City Manager or designee and must be
made in writing. An appeal must be made within thirty (30) calendar days of
the Network Provider receiving a final decision from the CityEngineer. In
considering an appeal of the decision of the City Engineer, the following shall
besubmitted andconsidered:
(1)Revised completed application requesting the installation of wireless
facilities;
(2)The City Engineer’s decision,and specific documentation setting out the
basis for the denial;
(3)The applicant's written statement of the grounds of the appeal;and
(4)The specific provisions of this Design Manual,Chapter 284, or the City’s
Small Cell Ordinance upon with such denial is based.
(5)Any appeal under this section must be limited to the deficiencies cited in
the denial documentation.
c.If a written decision on the appeal is not rendered within ninety (90) calendar
days from the date the appeal is received, the requested accommodation
shall be deemed granted.
d.The decision of the City Manager or designee is final and shall exhaust all
administrative remedies.
19.Improperly located wireless facilities and penalty
a.Wireless facilities shall not impede pedestrian or vehicular traffic in the
right-of-way. If any wireless facilitiesare installed in a location that is not in
accordance with the plans approved by the City Engineer and impedes
pedestrian or vehicular traffic, or does not comply or otherwise renders the
right-of-way non-compliant with applicable laws, including the Americans
with Disabilities Act, the Network Provider shall promptly remove the
wireless facilities at the sole cost and expense of the Network Provider. If
the Network Provider does not remove the wireless facility within fifteen
(15) calendar days of receiving notice from the City of such improper
location, then the City shall remove the wireless facility. The Network
Provider shall reimburse the City for the cost of removal.
20.All fines and penalties as per City Code of Ordinances Chapter 1, Sec. 1-13shall
apply for all violations of the Design Manual.
21.Graffiti abatement
a.As soon as practical, but not later than ten (10) calendar days from the date
the Network Provider receives notice thereof, Network Provider shall remove
all graffiti on any of its wireless facilitieslocated in the right-of-way. The
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foregoingshall not relievethe Network Provider from complying with any City
graffiti or visual blight ordinance or regulation.
22.Insurance, Indemnity, Bonding, andSecurity Deposits
a.Insurance, bonding, and security deposits shall be in strict accordance with
the City requirements for utility work within the public right-of-way.
b.Indemnity shall be in accordance with Chapter 284, Sec. 284.302, as
provided for in Chapter 283, Sec. 283.057(a) and (b) of the Texas Local
Government Code.
23.Network Providers responsibility
a.The Network Provider shall provide written notice to the City Engineer at least
ten (10) days prior to any upgrading or maintenance on a wireless facility.
b.Network Providersare strongly encouraged to have procedures in place to
ensure theiremployees positively and politely interact with citizens when
dealing with issues pertaining to its wireless facilities in the public right-of-
way.If, in the opinion ofthe City Engineer, the Network Provider, or its
employees, representatives or agents, arenot interacting in a positive and
polite manner with citizens, theCity will request the Network Provider take all
remedial steps to conform to these standards.For the safety and security of
citizens, Network Providers shall ensure that is employees carry proper
identification,drive appropriately marked vehiclesto identify that he/she is an
employee of Network Provider.
24.Removal and relocation by the Network Provider
a.If the Network Provider removes or relocates a wireless facilityat its own
discretion, it shallnotifythe City Engineer in writing not less than ten (10)
calendar days prior to removal or relocation. Network Provider shall obtain all
permits required for relocation or removalof its wireless facilities prior to
relocation or removal.
b.In accordance with Chapter 284, Sec. 284.303, except as provided in existing
state and federal law, a Network Provider shall relocate or adjust wireless
facilities in a public right-of-way within three (3) months of approval of the
permit and without cost to the City.
c.The City shall not issue any refunds for any amounts paid by Network
Provider for wireless facilities that have been removed.
25.Removal and relocation requiredfor a City project
a.Network Provider understands and acknowledges that the City may require
Network Provider to remove or relocate its wireless facilities, or any portion
thereof from the right-of-way for City construction projects as allowed by state
andfederal law, including the common law.
b.Network Provider shall, at the City Engineer’s direction, remove or relocate its
wireless facilities, or any portion thereof from the public right-of-way at
Network Providers sole costand expense, except as otherwise provided in
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 21of 41
existing state and federal law, whenever the City Engineer reasonably
determines that the relocation or removal is needed for any of the following
purposes:water or sanitary sewer main breaks, and required forthe
construction, completion, repair, widening, relocation, or maintenance of, or
use in connection with, any City construction or maintenance project of a
street or public right-of-way to enhance the public’s use for travel and
transportation.
c.If NetworkProvider fails to remove or relocate the wireless facility, or portion
thereof, as requested by the City Engineer within ninety (90) calendar days of
receipt of the request, then the City shall be entitled to remove the wireless
facility, or portion thereof, at Network Provider’s sole cost and expense,
without further notice to the Network Provider.
d.Network Provider shall, within thirty (30) calendar days following issuance of
invoice for the same, reimburse the City for its reasonable expenses incurred
inthe removal, including without limitation, overhead and storage expenses,
of the wireless facility or portion thereof.
26.Removal required by City for safety and imminent danger reasons
a.Network Provider shall, at its sole cost and expense, promptly disconnect,
remove, or relocate the wireless facilitywithin the time frame and in the
manner required by the City Engineer if it is reasonably determinedthat the
disconnection, removal, or relocation of any part of a wireless facility (a) is
necessary to protect the public health, safety, welfare, or City property;(b) the
wireless facility, or portion thereof, is adversely affecting proper operation of
streetlights or City property;or (c) Network Provider fails to obtain all
applicable licenses, permits, and certifications required by law for its wireless
facilities, or use of any location under applicable law in strict accordance with
the City's Small Cell Ordinance, and other applicable ordinances, except to
the extent not consistent with Chapter 284.If the City Engineer reasonably
determines that there is imminent danger to the public, then the City may
immediately disconnect, remove or relocate the applicable wireless facilities
equipment at the Network Provider's sole cost and expense.
b.The City Engineer shall provide thirty (30) calendar days’written notice to the
Network Provider before removing a wireless facility under this Section,
unless there is imminent danger to the public health, safety, and welfare.
c.Network Provider shall, within thirty (30) calendar days followingthe issuance
of invoice for the same,reimburse City for its reasonable expenses incurred
in the removal and relocation, including without limitation, overhead and
storage expenses, of the wireless facility or portion thereof.
27.Abandonment
a.Network Providersshall remove wireless facilitieswhen such wireless
facilities are abandoned,regardless of whether or not it receives notice from
the City. Unless the City sends notice that removal must be completed
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 22of 41
immediately for failure to pay any fee or to ensure public health, safety, and
welfare, the removal must be completed within the earlier of ninety (90)
calendar days of the wireless facility being abandoned or within ninety (90)
calendar days of receipt of written notice from the City. Failure to remove
within the stated time will be considered abandonment. When Network
Provider removes, or abandons permanent structures in the right-of-way, the
Network Provider shall notify the City Engineer in writing of such removal or
abandonment and shall file with the City Engineerthe location and description
of each wireless facility removed or abandoned. The City Engineer may
require the Network Provider to complete additional remedial measures
necessary for public safety and the integrity of the right-of-way.Should the
Network Provider fail to remove the abandoned wireless facility, the City may
remove the abandoned wireless facility at the Network Provider or end user’s
expense.
b.Network Provider shall, within thirty (30) calendar days followingthe issuance
of invoice for the same, reimburse City for its reasonable expenses incurred
in the removal, including without limitation, overhead and storage expenses,
of the wireless facility or portion thereof.
28.Pole ownership
a.The City owns all non-utility poles in the public right-of-way and shall continue
to own any and all poles even if such poles are replaced or relocated by a
Network Provider. No part of a wireless facility erected or placed on a pole or
otherwise on the public right-of-way by a Network Provider will become, or be
considered by the City as being affixed to or a part of, the public right-of-way.
All portions of the wireless facility constructed, modified, erected, or placed by
a Network Provider in, on, or abovethe public right-of-way will be and remain
the property of Network Provider and may be removed by Network Provider at
any time, provided the Network Provider shall notify the City, in writing, prior
to any work in the public right-of-way.
29.Design Manual Updates
a.Placement or modification of wireless facilitiesshall comply with this Design
Manualat the time the application for installation or modificationis submitted.
b.This Design Manual may be updated from time to time in accordance with
Chapter 284, the Small Cell Ordinance, or as otherwise modified by the City
Manager or designee, or by City Council.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 23of 41
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 24of 41
Exhibit 1. Unique and creative design solutions are encouraged and should be contextual to
the location of the wireless facility.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 25of 41
Exhibit 2. Non-decorative street lights with a height of more than 20 feet.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 26of 41
Exhibit 3. Traffic signal structure.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 27of 41
Exhibit 4. Decorative street light with public art.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 28of 41
Exhibit 5. Example of a photo simulation.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 29of 41
Exhibit 6. In historic districts and design districtswith decorative poles, more than one
network node is not allowed because it fails to meet the concealment standards.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 30of 41
Exhibit 7. Aerial power and fiber connections are not permitted. They create additional
visual clutter and may require extra tension and structural support.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 31of 41
Exhibit 8. All attachments on all service poles shall be at least 12 feet above grade. If a
wireless facilities attachment is projecting toward the street, the attachment shall be at least
16 feet above grade.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 32of 41
Exhibit 9.The pole on the right has the wireless facility in an inconspicuous location and
painted to match. The pole on the left has a wireless facility of a different color with exposed
conduit.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 33of 41
Exhibit 10. Exposed wiring is prohibited. Above theelectric meter and disconnect switch, all
conduit and wiring shall be located inside the pole. All equipment is located inside the pole
and avoids creating a physical or visual obstruction to pedestrian and vehicular traffic.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 34of 41
Exhibit 11. Equipment shall not be placed adjacent to the walkway in a manner that
diminishes the comfort of pedestrians or be located within the pedestrian clear zone.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 35of 41
Exhibit 12. Where available, all wireless facilities shall be located in the furnishing zone or
parkway strip in line with existing street trees and decorative poles. In no instance shall the
wireless facility equipment be located in the pedestrian clear zone.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 36of 41
Exhibit 13. The separation between wireless facilities shall be a minimum of 200 feet or 250
feet in historic districts and design districts with decorative poles, per block face, to minimize
the hazard of multiple poles adjacent to roadways and to minimize the effect on property
values and aesthetics in the area.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 37of 41
Exhibit 14. The wireless facility is located in front of the residential building. Wireless
facilities shall be located where shared property lines intersect the public right-of-way.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 38of 41
Exhibit 15. Network node placement shall not impair light, air, or views from adjacent
windows.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 39of 41
Exhibit 16. Equipment enclosures and equipment mounting base plates shall be the same
width as the pole or structure thatthey are attached to, even if they need to be slightly
longer as a result. Narrow equipment enclosures are less likely to impede pedestrian traffic,
impair views of buildings and scenic resources or to detract from streetscapes (see exhibit
14).
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 40of 41
Exhibit 17. The cabling that is cluttered &tangled. Excess loose cabling, excess decals/
stickers, and cluttered appearance of equipment cabinets are not allowed. Repetitive, and
highly visible RF warning stickers, and equipment manufacturer decals located near bottom
of pole and visible to pedestrians are not allowed. This graphic shows the presence of
multiple stickers and manufacturer logos, which should be removed or painted over.
The photographs and images in this Design Manual are strictly for non-commercial use and are used to comment
and provide visual examples of the types of uses that are allowed, preferred, discouraged and or prohibited under
this Design Manual, Chapter 284 or the City’s Small Cell Ordinance.
North Richland Hills Small Cell Wireless Facilities Design Manual| Page 41of 41
CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:August 28, 2017
SUBJECT:Consider Ordinance No. 3474, amending Chapter 70, Appendix A-
Fee Scheduleregarding small cell wireless facilities.
PRESENTER:Clayton Husband, PrincipalPlanner
SUMMARY:
Theattached ordinance would amend Appendix A –Fee Schedule to add new fees
regarding small cell wireless facilities for Chapter 70, Streets, Sidewalks, and Other
Public Places, to comply with certain provisions of the new Chapter 284 of the Texas
Local Government Code.
GENERAL DESCRIPTION:
The Texas Legislature recently passed Senate Bill 1004, which becomes effective
September 1, 2017. Chapter 284 mandates that wireless infrastructure and service
providers have access to the public right-of-way to locate their wireless facilities,
including network nodes, support poles, and transfer facilities.
Placing wireless facilities in a right-of-way is standard practice for many utility
companies, but Chapter 284 standardizes the practice and caps the fees that the City of
North Richland Hillscan charge for the use of the public rights-of-way.The City must
provide 60 days’ written notice of a rate increase to each provider.
The following fees are proposed.
Code SectionDescriptionFee
70-235(d)Networknode,small cell$500 –covers up to five (5) nodes
wireless facilities
$250 per application for each additional node
New support pole$1,000 per application for each pole
Annual public right-of-way rate, $250 per node installed in the right-of-way
subject to CPIincreasewithin the city boundaries
RECOMMENDATION:
Approve Ordinance No. 3474.
ORDINANCE NO. 3474
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
AMENDING CHAPTER 70OF THE CODE OF ORDINANCES OF THE CITY OF
NORTH RICHLAND HILLS TO MODIFY THE FEE SCHEDULE TO ADD FEES
FOR THE USE OF NETWORK NODES AND SMALL CELL WIRELESS
PROVIDING THAT THIS
FACILITIES AS SET FORTH IN APPENDIX A;
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND
REPEAL CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVEDATE.
WHEREAS,
The North Richland Hills City Council desires to amend the schedule of fees to
include fees for the use of network nodes and small cell wireless facilities as set
forth in Appendix A, Fee Schedule;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF NORTH
RICHLAND HILLS, TEXAS, THAT:
Section 1:The fees established by Appendix A of the North Richland Hills Code of
Ordinances for Chapter 70, Streets, Sidewalks and Other Public Places, Article
VIII, Use of Public Rights-of-Way for Small Cell Wireless Facilities, is hereby
amended by adding fees forthe use of network nodes and small cell wireless
facilities as set forth in Section 70-235(d):
Code SectionDescriptionFee
70-235 (d)Network node, small cell wireless $500 –covers up to five (5) nodes
facilities
$250 per application for each additional node
New support pole$1,000 per application for each pole
Annual public right-of-way rate, $250 per node installed in the right-of-way within
subject to CPIincreasethe city boundaries
Section 2:All other fees set forth in Appendix A not amended herein in this ordinance remain
unchanged and in full force and effect.
Section 3:This Ordinance shall be cumulative of all provisions of the Code of Ordinances of
the City of North Richland Hills,except where the provisions of this Ordinance are
in direct conflict with the provisions of such ordinances and such Code, in which event
conflicting provisions of such ordinances and such Code are hereby repealed.
Section 4:It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this Ordinance are severable, and, if any
phrase, clause, sentence, paragraph or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent
Ordinance No. 3474
Page 1of 2
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Ordinance, since the same
would have been enacted by the City Council without the incorporation in this
Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or
section.
Section 5:All rights and remedies of the City of North Richland Hills are expressly saved as
to any and all violations of the provisions ofany ordinances in the Code of
Ordinances of the City of North Richland Hills that have accrued at the time of the
effective date of this Ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this Ordinance but may be prosecuted
until final disposition by the courts.
Section 6:This ordinance shall become effective September 1, 2017.
AND IT IS SO ORDAINED.
th
PASSED AND APPROVED on the 28day of August, 2017.
CITY OF NORTH RICHLAND HILLS
By:
_________________________________
Oscar Trevino, Mayor
ATTEST:
______________________________
Alicia Richardson, City Secretary
Approved as to Form and Legality:
______________________________
Maleshia McGinnis, City Attorney
Ordinance No. 3474
Page 2of 2
CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:August 28, 2017
SUBJECT:Consider Resolution No. 2017-032, appointing a member to the
Library Board.
PRESENTER:
Alicia Richardson, City Secretary
SUMMARY:
Each year, the City Council appoints members of the public to serve on various boards,
commissions, and committees (the “Boards”). Appointed members serve a two-year
term, unless appointed to fulfill an unexpired term. These annual appointments coincide
with City Council terms—Places 1, 3, 5, and 7 are appointed in odd-numbered years
and Places 2, 4, 6, and Mayoral appointments in even-numbered years. Each member
serves until their successor has been duly appointed and qualified.
GENERAL DESCRIPTION:
The annual appointments were discussed and approved on July 24, 2017.
Subsequently, long-time Library Board member Avis Crisp submitted her resignation on
nd
August 2. Due to this vacancy, Council member Mike Benton is recommending Krina
Traywick (who was recently appointed as alternate) be appointed to Place 5, term
expiring June 30, 2019.
LIBRARY BOARD
Krina Traywick
Place 5June 30, 2019
RECOMMENDATION:
Approve Resolution No. 2017-032, appointing Krina Traywick to the Library Board, term
expiring June 30, 2019.
RESOLUTION NO. 2017-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS; APPOINTING A MEMBERTO THE
LIBRARY BOARD; ESTABLISHING TERMS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS
,City Council appoints members of the public to serve on various boards,
commissions, and committees; and
WHEREAS,
appointed members serve a two-year term, unless appointed to fulfill an
unexpired term; and
WHEREAS,
annual appointments coincide with City Council terms with Places 1, 3, 5,
and 7 being appointed in odd-numbered years and Places 2, 4, 6, and
Mayoral appointments in even-numbered years; and
WHEREAS,
each member serves until their successor has been duly appointed and
qualified; and
WHEREAS
,City Council desires to fulfill the vacancyin Place 5on the Library Board.
NOW, THEREFORE BE IT RESOLVEDBY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1.
That the recitals set forth above are true and correct and are hereby
incorporated into and made a part of this Resolution.
SECTION 2.
The following memberhas been submitted for nomination and approved
by a majority of the City Council.
Library Board
Krina TraywickPlace 5Term expiring June 30, 2019
PASSED AND APPROVED th
this the 28day of August, 2017.
CITY OF NORTH RICHLAND HILLS
By:___________________________
Oscar Trevino, Mayor
ATTEST:
_________________________________
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
______________________________
Maleshia B. McGinnis, City Attorney
CITY COUNCILMEMORANDUM
FROM:The Office of the City ManagerDATE:August 28, 2017
SUBJECT:Announcements
PRESENTER:
GENERAL DESCRIPTION:
At each Council meeting a member of the governing body announces upcoming events
in the City and recognizesan employee that exemplifies the City’s core values.
Announcements:
City Hall and other non-emergency City offices will be closed on Monday, September 4
in observance of the Labor Day Holiday. The Animal Adoption & Rescue Center,
Library, Tennis Center and Senior Center will also be closed. NRH2O, the NRH Centre
and Iron Horse Golf Course will be open. Garbage and recycling will not be collected.
Monday collections will shift to Tuesday and Tuesday collections will be picked up on
Wednesday.
The NRHLibrary is hosting two Behind the Book author events this September. On
Thursday, September 7 author Tess Gerritsen will discussher latest novel, “I Know a
Secret”. On Friday, September 15 author Gretchen Rubin will discuss her latest book
“The Four Tendencies,”a book about discovering your personality type. Both events
begin at 1 p.m. and admission is free. Contact the library for more information.
Kudos Korner:
Every Council Meeting, we spotlight our employees for the great things they do. Tonight
we recognize:
Diane Morgan at theLibrary
–A citizen expressed hisappreciation forDiane and the extra
effort she put in to search for an item he had lost at the library. “This experience has confirmed
to me once again that librarians must be the kindest and most helpful people in the world. Thank
you,” he said.