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HomeMy WebLinkAboutCC 1978-07-12 Minutes MINUTES OF THE EMERGENCY MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820, JULY 12, 1978- 8:30 P.M. CALL TO ORDER Mayor Faram called the emergency meeting to order July 12, 1978, at 8:30 p.m. PRESENT: Mayor Councilmen ROLL CALL Councilwoman Dick Faram Jim Wood John Michener Dave Freeman Lena Mae Reeder STAFF PRESENT: City Manager City Secretary City Attorney City Engineer Director Public Works M. E. Riddle Jeanette Moore Rex McEntire Dick Perkins Ray H. Britton MEMBERS OF THE PRESS: Mid Cities Daily ~Joe Stoud News Fort Worth Star Karla Ruggie Telegram ABSENT: Councilmen James F. Cato Denver Mills Sid Cavanaugh INVOCATION The invocation was given by Councilwoman Reeder. ORDINANCE NO. 711 Consideration and passage of Ordinance No. 711, regulating outside watering and building permits in times of emergency Mayor Faram asked the City Attorney to read the following ordinance: AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING ORDINANCE NO. 381, SECTION II, SETTING UP AN ALTERNATE WATER RATIONING PLAN, PROVIDING FOR THE POWER TO INVOKE RATIONING AND PROVIDING FOR A PENALTY AND DECLARING AN EMERGENCY. WHEREAS, the City Council finds that the prolonged drought and extreme heat during the current year has caused a dire emergency in that inhabitants of the City cannot be assured of an adequate water supply for sanitary purposes; and WHEREAS, the Council finds that it is necessary to protect the health and general welfare of the citizens of the City by passing the ordinance. July 12, 1978 Page 2 NOW, THEREFORE BE IT ORDAINED by the City Council of the City of North Richland Hills, Texas, that: An emergency use schedule governing the use of water for outside watering or irrigation is hereby adopted and shall be as follows: a. Odd numbered houses (addresses) shall water only on odd numbered days; b. Even numbered houses (addresses) shall water only on even numbered days; c. Those permitted to water by this schedule shall only water between the hours of 10:00 p.m. and 10:00 a.m. When this schedule is placed into effect there shall be no outside watering in the City between the hours of 10:00 a.m. and 10:00 p.m. each day. The above emergency shedule shall be invoked at the descretion of the Mayor on City Manager upon recommendation of the City Engineer and Director of Utilities. During periods of water shortage, the Mayor or City Manager upon advice of the Director of Utilities shall also have descretion to halt the setting of water meters for new service and to halt the issuance of building permits for buildings where water will be used. 3. In the event that invoking the above emergency schedule does not correct the water storage the Mayor or City Manager, upon recommendation of the City Engineer and the Di rector of Util i ties, sha 11 have the power to prohibit all outside watering for specified periods not to exceed seven consecutive days. 4. For the purposes of this ordinance, outside watering shall include ,irrigation of yards, and lawns, washing of automobiles on residential lots or in the street, the washing or watering down of the outside of houses, garages and out-buildings and the filling of swimming pools. July 12, 1978 Page 3 5. Notice of the restricted use of water shall be given by publication in the official newspaper of the City, or by posting notice in three public places within the City or by actual notice to any person by an officer or employee of the City. 6. Any person violating any portion of this ordinance by using water in an unauthorized manner during restricted or prohibited hours shall be deemed guilty of a misdemeanor and fined not in excess of $200.00 for each violation. 7. Due to the fact that an extreme water shortage exists at this time and that an emergency is created thereby, this ordinance shall be in full force and effect immediately upon passage and approval. Mayor Faram asked the City Engineer to give a report on the water system and when the City could expect more water. City Engineer Perkins stated that the City received water not on1y from City wells, but from Fort Worth also. Mr. Perkins stated tha t a test' was made in 1973 as to how much water was needed from Fort Worth. Eight million gallons a day was taken from Fort Worth. At a later date Fort Worth notified the City they woul d be restri cted to seven' mill i on ga 11 ons. Mr. Perkins stated Fort worth had been asked to furnish more water and they advised him they could not furnish more. Mr. Perkins stated thatdistfibution had been'a problem in the past. The problem this summer is in supply. Mr. Perkins stated the City had a contract for a new water' supply from Fort Worth. The line would come down Beach and would tie into the citys line at·the Watauga City limits. When completed it should,take car~ of the immediate problem. Mayor Faram stated that in 1976 the City Engineer recommended an additional water supply. Mayor Faram asked Councilman Freeman to explain why this was not accomplished. July 12, 1978 Page 4 Councilman Freeman stated it was not accomplished due to political elected officials. Councilman Freeman stated the new members on the Council were elected in April of 1978. Councilman Freeman stated a formere 1 ected.offi ci a 1 was given the job of selling the bonds and did not carry it through. The Council took action in January 1978, to sell the bonds. The bonds are sold and everything is on schedule. Mayor Faram asked Mr. Perkins how long it would be before water would be pumped into the new line on Beach. Mr. Perkins replied in about six months. The Public Hearing on Ordinance No. 711 was opened. Mrs. Nancy Mills, 6749 Starnes Road, North Richland Hills, appeared before the Council. Mrs. Mills stated if any more building permits were issued, a sign would be placed in front yards. advising there was no water. Mrs. Mills asked when the new water tank would be built. Mrs. Mills stated they wanted action and wanted it now. City Attorney McEntire advised Mrs. Mills the city had tried to buy some property for the tánk site and had run into some problems. Mr. McEntire stated the city was still trying to find a place to put the tankt Mr. George Adams, 6760 Green Acres, North Richland Hills, appeared before the Council. Mr. Adams stated he would like to ask the Council to pass a resolution or ordinance to ?uspend all building p~rmits,~ make the seller of property inform the buyer of the water situation and maintain a surveillance on citizens using water until the problem is defected. Mr. Robert Glass, 4529 Shady Lake. appeared before the Council. Mr. Glass asked if the City had adequate fire protection. Mr. Glass stated he wondered if the even-odd days for watering would be enough. City Attorney McEntire advised Mr. Glass the ordinance, if passed, would give the Mayor or City Manager the authority to shut off the watering. July 12, 1978 Page 5 Councilman Freeman stated some of the Council members had met on Saturday and on Monday to make sure the Fire Department had made plans in case of fire. Councilman Freeman stated the Director of Public Works had placed a tank truck loaded with water at the Fire Department. Other cities will also help in case of fire. Mayor Faram stated the City Manager had implemented no watering between the hours of 4:00 p.m. and 9:00 p.m. Mayor Faram stated that on July 8, 164 people did not have water. The time for watering was changed to no watering between 10:00 a.m. and 10:00 p.m. Mayor Faram stated citizens did not have water in the mornings and additional steps were being taken to help solve the problem. Mrs. Judith Lyde, 6725 Hewitt, North Richland Hills, appeared before the Council. Mrs. Lyde stated it was very poor foresight to let the city become over bui It. Mrs. Lyde stated that in one summer' 30 homes were built in the area where she lives. Mrs. Lyde stated the Council should be commended for their action tonight in passing this ordinance. Mr. Robert W. Peterson, 7041 Pate Lane, North Richland Hills, appeared before the Council. Mr. Peterson stated he wanted the Council to know he was in favor of the ordinance and felt building shoüld be curtailed. Mr. Robert Gagnon, 6653 Starnes, Watauga, appeared before the Council. Mr. Gagnon stated his' concern was that the Council was planning to ration water and giving the Mayor the power to revoke the rights to water in Watauga. Mr. Gagnon stated Watauga's water comes from North Richland Hills and the lack of foresight on the part of the City Council, prior to the present Council, is what resulted in the problem. Mr. Gagnon advised he could not see Watauga being penalized for the problem. Mr. Gagnon stated he did not feel the builders were the cause of the problem, the problem came before the builders. Mr. Gagnon stated the builders should not be restricted from building. Mr. Gagnon advised he did agree with limiting the water taps. Mr. Gagnon stated when building is limited you put people out of work. Mr. Gagnon stated he agreed with the rationing, but the hours would force people not to water. July 12, 1978 Page 6 Mr. Gagnon stated the City should be split into sections with the even-odd day watering. Mr. Gagnon advised a schedule should be published by the Council and delivered to the citizens. Councilman Michener asked Mr. Gagnon what his occupation was. Mr. Gagnon replied he worked on computers Councilman Freeman stated that Mr. Gagnon alluded to the fact that North Richland Hills was to blame for Watauga's problem. Councilman Freeman stated North Richland Hills had been trying to give Watauga their system for a long time. Councilman Freeman stated that if North Richland Hills did not have the system, we would not have the problems we have. Mr. Gagnon stated North Richland Hills agreeing to furnish Watauga with water was a lack of foresight. Mayor Faram stated that if North Richland Hills had not furnished Watauga with water, it would have been contracted by Azle, Richland Hills, and Lakeside. Mayor Faram stated Watauga City Officials had made every effort to help North Richland Hills in this crisis. Mr. John Bynum~ 6533 Starnes, Watauga, appeared before the Council. Mr. Bynum stated he had two questions to address to the Council. Mr. Bynum stated hi's first question was that if the Council was forced to impose the seven consecutive days, as stated in Section 3 of the ordi~ance, of water rationing or cease exterior watering, did the Council intend to require a certain number of days laps period in which limited watering will be allowèd. Mr. Bynum stated many people in the Watauga area have been building heavily and are trying to to get new lawns in, more than a week without water they will lose a lot of land scape. Mr. Bynum asked the Council if they had a lapse of a day instituted at the end of seven consective days. July 12, 1978 Page 7 Mayor Faram stated he did not think the Council could restrict watering for more than seven days. Mr. Bynum stated his question was if the time expires at midnight, can the Council impose a second one at 12:01 a.m. Mayor Faram replied he felt it would be in bad intent that would circumvent the whole intent. Mayor Faram advised Mr. Bynum the Council would not do that sort of thing unless there was an emergency. Mayor Faram stated he would not exercise the power given in the ordinance without some strong advise. Mr. Bynum stated he just wanted the ordinance clarified. Mayor Faram asked the City Manager if he would like to comment on the question. City Manager Riddle stated the City probably at the end of seven days, would give the odd days another day anö the even another day. Mr. Riddle stated probably two to four days would be given before the City went back to another seven days. Mr. Bynum stated there was a new Fox and Jacobs addition beinq built on Watauga and Smithfield Road. Will it be supplied by the Fort Worth line? City Engineer Perkins stated it would be served by the Fort Worth 1ine. Mr. Bynum stated he felt the Council was proceeding as well as possible in enforcing the rationing. Mr. Bynum stated he was in favor of the rationing. However~ Mr. Bynum stated he would have to agree with Mr. Gagnon on the building. Mr. Bynum advised he would like for the builders to be restricted also. Mr. Jerry Tate, 7605 Oakridge, North Richland Hills. appeared before the Council. Mr. Tate advised the Council he had bought a swimming pool and would like to have a permit to install it. Mr. Tate stated he had met all the city requirements. The company he bought the pool fròm would haul the water in a tank truck from Dallas to fill the pool. July 12, 1978 Page 8 City Attorney McEntire advised Mr. Tate something could be worked out with the City Staff on obtaining a permit. Mr. Tate advised the Council he was in favor of the rationing. Mr. Joe Moon" 7620 Ridgeway, North Richland Hills, appeared before the Council. Mr. Moon stated he wondered who would sacrifice the most, the homeowner or the builder. Mr. Moon stated he did not want to put the builder out of business but he did not want to lose his yard either. Mr. Moon stated the problem was not the builders fault. Mr. Moon advised it was· the citys responsibility to furnish adequate utilities, water, sewer, electricity and gas before a permit is issued or guarantee to keep ahead of the building and this has not been done. Mr. Moon stated 0hen the 4:00 p.rr to 9:00 p.m.) was implemented, he ta~ked to the City Manager and was told the problem should be over by the middle of August. The next day he heard on the radio it would be September. Mr. Moon stated he had a meeting with some of the Council members later and was told th,ey were. very optimistic the problem would be solved this year. Mr. Moon stated he had personally surveyed the 4:00 p.m. to 10:00 p.m. rationing, People that normally water three times a week are running sprinklers continually every night because they are afraid they are not getting their share of the water. Mr. Moon stated he had been told if all watering was stopped for three days, the water source can be depleted within four to six hours in one day. Mr. Moon stated the builder was in the same situátion as the homeowner. Mr. Moon stated the homeowner was asked to do ãll the rationing and is still being asked. Mr. Moon advised that he and some of the neighbors got together and wondered what could be done about the builder selling and building homes. Mr. Moon stated when a house is sold an average of four people move into every home and this takes more water. Mr. Moon advised hè did not want the builder to lose money, but he did not want to lose his yard. Mr. Moon stated if the homeowner could sacrifice their yards the builder can also July 12,. 1978 Page 9 sacrifice just as much as the homeowner until the situation is taken care of. Mr. Moon stated he did not have water from 10:00 p.m., until 10:00 a.m. Mr. Moon advised the water was shut off at the same time every day. The water was being manually cut off by the city. Mr. Moon stated he had talked to one of the men in the Utility Department and th~ water was being cut off because of misuse. Hr. Moon advised that-air was coming through the pipes, the air cost as much as the water and he did not like paying for something he was not getting. Mr. Moon asked the City Engineer if a booster pump woald be put on the line coming from, Fort Worth. Mr. Perkins replied it would have a booster pump. Mr. Moon informed the Council the residents in his neighborhood were having a meeting Thursday night on the water problem. Mr. Moon stated the sanitary conditions were unreal. Mr. Moon advised it was not the homeowners or the builder's fault there was not adequate wa ter, it was the ci ty':s . Mr. Moon s ta ted to solve the problem, everyone was going to have to work together. Mr. Earl Allen, 6753 Green Acres, North Richland Hills, appeared before the Council. Mr. Allen asked the Council if there was anything on the statutes on recall procedures. City Attorney McEntire advised Mr. Allen it would require signatures of 25% of the people that voted in the last proceeding general election. Mr. Allen stated he had only lived in North Richland Hills for one year, but worked in the area for years. Mr. Allen stated the water problem had been here for many many years. Mr. Allen advised the problem was due to the fact that men who have occupied the Council seats did nothing about improving the streets, water, and sewer. Mr. Allen stated the citizens wanted action. Mr. Allen advised the water line coming from Fort Worth could be expedited by hiring another crew. Mr. Allen stated if the City did not have the money, have a bond election. July 12, 1978 Page 10 Councilman Wood stated he would like to comment to Mr. Allen. Councilman Wood stated he agreed with some of the blame, but Mr. Allen's last comment should over rule what he was thinking. Councilman Wood advised he had kept notes on the water problem and he had listened and talked to the citizens. Councilman Wood stated he could not believe what some of the citizens were doing. Councilman Wood stated the Councìl was trying to solve the problem. Councilman Wood stated that when the first rationing was initiated the city was using approximately 8.1 million gallons of water a day. The next week 8.2 million gallons was used, so a stricter rationing program wasini tiated. Councilman Wood advised the city. Was using 8.4 million gallons of water at the present time. Councilman Wood stated the Council could not do what the people were demanding because the city is not getting the cooperation needed. Councilman Wood ~tated he was disturbed the attitude of some of the citizens. Councilman' Wood stated the Council members were not crooks. They have no personal i nteres tin the buil ders . Councilman Wood advised his personal feeling was for water in the homes, but what are the citizens doing, they are cheating. Councilman Wood stated then the citizens say why don't we think about getting rid of the Council and then they tell the Council they want water, they do not care how the Council gets the water, but get it, they do not care how the Council gets the money, but spend it. Councilman Wood stated thè Council could not spend any more money that what is is in the budget. Councilman Wood advised if Mr. Allen started· making retribution to get someone removed from their seat, woul~ not that be cheating too? Mrs. Tony Griggs, 6721 Greenacres, North Richland Hills, appeared before the Council. Mrs. Griggs stated she had knocked on about 300 doors today to get people to come to the meeting tonight. Mrs. Griggs stated she noticed that most of the people present were from Watauga .Where were the people from Diamond Loch ' Mrs. Griggs advised at 4:00 p.m. today there were 11 sprinklers going in Diamond Loch. Mrs. Griggs asked if Diamond Loch had water prob 1 ems. They 1 i ve in North Richland Hills. Mrs. Griggs ~tated she had called the Fort Worth Star Telegram and advised them how the people felt about the water problem. Mrs. Griggs stated she could not July 12, 1978 Page 11 believe how conservative the City was in not foreseeing the problems they have now and are going to have. Mrs. Griggs stated the Council needed to get out and talk to the people. Mrs. Griggs advised some of the people she had talked to did not even know the water had been restricted. Mrs. Griggs stated everyone was going to have to work together. Mayor Faram stated the Council was trying to solve the problem. Mayor Faram stated there had been a communication problem. The City does not have a newspaper that covers the Council meetings. Mr. John Barfield, 416 Lunella, Hurst, appeared before the Council. Mr. Barfield stated he was representing the Builders. Mr. Barfield stated he agreed with of the statements made by the citizens. Mr. Barfield stated that when a Builder or Developer came before the Council and had plans approved and receive final approval, expend money for sewer, water, drainage and streets and get them approved, then the City will issue a building permit. Mr. Barfield stated they assumed the utilities would be available. Mr. Barfield stated when Texas Electric or Lone Star Gas put in their lines the builder assumes there will be electricity and gas. Mr. Barfield stated that when they tied on to the water line they assumed there would be water. Now through past problems and past negligence, it seems the builders are out. Mr. Barfield stated you had to start somewhere and remedy the problem and the builder is the one going to be put out. Mr. Barfield stated he could appreciate all the peoples problems, but as a developer he could also appreciate his problems: Mr. Barfielð asked if every possib.le step had been taken. Mr. Barfield asked if there was anyway the City could get relief-from an other city, other than Fort Worth. Mr. Barfield stated his appearance tonight was to try and figure someway everyone could get some relief. Mr. Barfield stated that it was taking four to six month~ to get a hou~e finished. Mr. Barfield stated that if he startèd a house tomorrow, he would start it with the understanding he could not get water meter for a period of four to six months. Mr. Barfield asked if there was any possibility the Council could approve issuing a ¡building permit and July 12, 1978 Page 12 not set a water meter for four to six months, so the builders may continue. Mr. Barfield stated he had sold lots to small builders and not being able to build on the lots will put them out of business. Mr. Barfield stated that according to what the City Engineer had stated this situation should be over in about six months. City Engineer Perkins stated he did not say the water problem would be over in six months, the water system and pump station would be completed in six months. Mr. Perkins stated he anticipated the water problem the city has now should be over in about 3 months. Mr. Barfield stated if he agreed not to have a water meter set for four months could he possibly receive a building permit. Mayor Faram asked Mr. Barfield if he would agree not to have the water meter set until adequate water could be obtained if it took longer than four months. Mr. Barfield stated that would be better than doing nothing. Mayor Faram asked Mr. Barfield if he felt the Builders would work with the city and agree not to have a water meter set until such time the water supply was adequate. Mr. Barfield asked Mayor Faram if some type of cutoff date could be set and not leave the time open. Mayor Faram advised that if the Council agreed to i.ssue permits on this basis, was there any common gound the Council and the Builders could meet on in the event the city is threatened with litigation if water cannot be supplied. Mr. Barfield stated he felt the Builders and Council could work something out. July 12, 1978 Page 13 Mayor Faram advised Mr. Barfield the Council would be glad to discuss tñis problem with the Builders. Mr. Barfield stated he could not speak for all the builders. Would it be possible for the Builders and Council to have a meeting? Mayor Faram askèd if there was enough of the builders present to have a meeting and committ to the agreement. Mr. Barfield stated he would be happy to meet with the builders. Councilman Freeman advised that Mr. Barfield had stated earlier he would like to help the City. Councilman Freeman stated the Builders Association had a pretty strong lobby in Austin. Councilman Freeman stated part of the water problem the city has is not being able to get water in the line from Fort Worth. If the city could cut the red tape it would move ahead three months on the booster station, because the City could plug directly into the system. City Engineer Perkins asked Councilman Freeman if he meant getting approval from the State. Councilman Freeman replied yes. Councilman Freeman advised the City had checked out the watèr system if see if there was anything else that could be done. Councilman Freeman stated the city was trying to solve the problem, it all bóiTs down to fact that the city cannot get the water to the people. Councilman Freeman stated the only solùtion to the problem would be to plug directly into the line coming from Fort Worth. Councilman Freeman advised the city could hasten the line by three months if the red tape could be cut and get the State to give the city some type of conditional permit to plug the Fort Worth line directly into the station and storage having to build a booster tank. July 12, 1978 Page 14 Mr. Barfield stated the Builders Association would be glad to help. If the City would write the Builders association a letter explaining the situation. Mr. Barfield stated he would get someone from the AssociatiQn and have him forward it an to the proper authorities. Mr. Barfield advised the BuiTders Association did have a voice in Austin and they would be glad to help. Mayor Faram asked Mr. Barfield if he would like to go ahead and have the ~eeting with the builders and see if there was something that could be worked out. Mayor Faram stated he had a request from Mr. Frank Proctor to speak. Mayor Faram asked Mr. Proètor if he wanted to speak at this time or wait until the builders were present. Mr. Frank Proctor, Susan Lee Cane, North Richland Hills, appeared before the Council. Mr. Proctor stated he wanted to set a couple of records straight. Mr. Proctor stated he had lived in North Richland Hills for 26 years and had seen every Mayor and Councilman. Mr. Proctor stated he Was aware of what has happened and why a lot of things have happened. Mr. Proctor advised there was a couple of things he wanted to clear up. Mr. Proctor stated he worked for the City of Watauga and had no intention of speàking tonight but after a couple of comments were made he felt he would be slacking his duties and obligations if he did not get the record clear. Mr. Proctor stated he did not know of any time North Richland Hills has ever offered to give Watauga. anything, let alone a water system. Mr. Proctor stated there had never been any official action taken in anyway or any request. Mr. Proctor stated ne would like for tne record to be that Watauga paid their ~ater .bills just like the people in North Richland Hills. Mr. Proctor stated he congratulated the Mayor on saying Watauga has cooperated with North Richland Hills during the water shortage. Mr. Proctor stated it had been insinúated that if North Richland Hills did not have Watagua the problem might not be here or at least alleviate it. Mr. Proctor advised Mayor Faram he would like for him io check back. You stated your predecessors were the ones who caused this problem. July 12, 1978 Page 15 Mr. Proctor stated it was Mayor Faram who signed the contract between Watauga and North Richland Hills. Mayor Faram asked Mr. Proctor if he was referring to the contract that serves Hatauga water. Mr. Proctor stated yes, and it was not the predecessors, but Mr. Faram and he wanted the record clear. Mayor Faram stated this did not clear the record if only confused it. Mayor Faram advised Mr. Proctor if he had been listening to Councilman Freeman at the beginning of the meeting, the problem was the delay oft the bonds. The Donds were delayed about seven months, had the bonds been issued the system would be operational now. Mr. Proctor stated that last winter when snow was on the ground, he :was'the one that walked the streets, because no one, mainly the City Manager~ and the Mayor were siCk. He hand carriëd. the papers to the County Courthouse. The papers had to be there for North Richland Hills to be able to get a grant through the Mayors Council in the amount of $106,000. Mr. Proctor stated Watauga was concerned about the water and intended to keep cooperating with North Richland Hills. Mr. Proctor stated he did want it understood it was not predecessors that signed the contract, it was Mr. Faram. Councilman Michener stated it was not the signing of the contract that caused the problem, it was the delay in issuing the bonds. Mr. Proctor stated the' contract was what put Watauga on the system. Councilman Mi¿hener advised Mr. Proctor the problem was caused by the delay in issuing the' bonds. Mr. Proctor stated the Council was talking about things that had happened in the past and the signing of the contract happened in the past. July 12, 1978 Page 16 Mayor Faram advised Mr. Proctor the Council was talking specifically aboút one bond issue. The bonds had been delayed since last June. Had that bond bèen issued this problem would not exist. Because North Richland Hills and Watauga are on the system togther is not the problem. Mr. Proctor stated it was that signed the contract. advised if North Richland in separating the systems done. not a predecessor Mr. Proctor Hills is interested it can probably be Mayor Faram stated the system was for sale. Mayor Faram advised Mr. Proctor he felt the record was clear as far as he was concerned. Mayor Faram stated he felt Mr. Proctor was trying to confuse the issue. Mayor Faram advised Mr. Próctor if he had nothing more to add to the facts, he would excuse him from the speakers stand. Mr. W. D. Whitker, 6757 Greenacres; North Richland Hills, appeared before the Council. Mr. Whitker stated his main question was since the homebuilders had decided to have a meeting and make a decision, do the - homeowners have a right to redirect themselves as citizens of North Richland Hills to the hòmebuilders if they come back with a proposal? Mayor Faram asked Mr. Whitker what he was referring to. Mr. ~Jhitker stated according to Mr. Barfi~Jd, his question seemed to be, would the Council pin themselves 'down as to when ~~ter meters could be issued. nr. Whitker stated that when Mr. Barfield came back with a statement, would the hom~owners have:theriöhtto - speak' again? Mayor Faram asked Mr. Whitker if he was saying there would be some inequities on an individual basis in issuing building permits. Mr. Whitker stated the homeowners wanted the right to challenge the builders on their proposal. July 12, 1978 Page 17 Mr. Whitker stated he was in agreement' with some of the Council members that we have to halt building now or untíl such time as all city services, not only water, are adequate to again resume building. Mayor Faram asked Mr. Whitker if he was asking for rebuttal time. Mr. Whitker replied yes. Mayor Faram stated he had no objections, if the Council had no objection. Mr. John Fann, 6556 Starnes, Watauga, I appeared before the Council. Mr. Fann stated he had heard a lot of people fussing tonight but not a lot of solutions being offered. Mr. Fann stated he was talking to a gentleman that had spoke earlier and he had an idea that sounded feasible:. Mr. Fann stated a tempor.ary water 1 ine on the surface from Fort Worth., Mr. Fann stated he understood there was a considerable amount funds set aside for the water development. Could part be allocated 'to' put in a temporary 1 ine? Councilman Freeman advised the City had been through trying to put in a temporary. line, again you get back to the red tape, which says that you cannot take someone elses water without going through some type of reservoir. Mayor Faram called a five minute recess. Mayor Faram called the meeting back to order. The same Council members and Staff was present as recorded at the beginning of the meeting. Mr. Harold Comb$, 7609 Meadowbrook, North Richland Hills~ appeared before the Council. Mr. Combs stated he had heard how much the buildèrs had put into development and wondered how much they were going to put into development now. Mr. Combs asked how much pressure there would be on the Council if the builders go ahead and build waiting on water meters to be connected and then July 12, 1978 Page 18 in October those houses are complete and water is not available, how much pressure would be on the Council to conneét the meters. Mr. Jim McCoy, 6624 Briley, North Richland Hills, appeared before the Council. Mr. McCoy stated there were two different groups iñ the Home Builders Association. Mr. McCoy stated he represented the small home builder, from 1100 square feet to 1200 square feet homes. Mr. McCoy advised it took less time to complete the smaller home that it did for the 1500 to 2000 square foot home and the small builder needs less time for a water meter to be set. Mayor Faram asked Mr. McCoy if he had attended the builders meeting. Mr. McCoy replied he had attended. Mayor Faram asked Mr. McCoy if he was not in agreement with what, they were going to present. Mr. McCoy stated there were two different groups, the smaller builder and the larger builder. Mayor Faram asked Mr. McCoy if he was ready to make a proposal. Mr. McCoy stated he was ready to make a proposal for the small builder. Mr. McCoy stated the smæll builder needed a maximum of not over 45 days for the water meter to be set. Mr. McCoy stated he had contracts on some houses he had not started. Mayor Faram called for Mr. Barfield to come forward. Mr. John Barfield appeared before the Council. Mr. Barfield advised the Council the builders had discussed the situation. Mr. Barfield stated the buìlders had three points they would like to present. Number one, the City of North Richland Hills implement a strong water rationing program. Mr. Barfield stated from what he had heard tonight people were playing games and abusing the water program. Mr. Barfiela stated the builders had asked if the City had a computer system that tells how much water is being used by the custo~er He maybe using far too much. uUlY U, l~/~ Page 19 Mr. Barfield stated some cities have quotas, each citizen has a quota they can use and when they use more than that quota they are penalized. Mr. Barfield stated that he felt the,water'rationing system should be implementéd and some real effort be made in.order for it to work, before the builders were penqlized 100%. Mr. Barfield advised the Council the second item the builders had proposed was they asked that building permits Be issued to the builders and the water meter be set in order to test pipes in the foundation. Mr. Barfield stated you have to test the pipes or the City will not give a permit for the foundation. Mr. Barfield stated a little water was needed to mix the mortar and textone. Mr. Barfield stated 'the builder had taken a vote that no final inspection for occupancy be granted until four months from the date 'of issuance of the building permit. Mr. Barfield advised the Council the third item was that the Homeowners Assoication wouTd join the City in applying pressure in Austin to let the City tie the system in directly to Fort worth instead of tièing into the booster system. Mayor Faram asked Mr. Barfield if the builders had agreed not to have a final inspection until four months from the date of the building permit. Mr. Barfield stated that was conrect. Mayor Faram asked Mr. Barfield that if in four months from the date of the building permit and the drought situation continued would the builders be willing to agree the Council would have the authority to extend the time behond four months. Mr. Barfield stated that was something the builders did not completely settle. Mayor Faram advised the Council did not want to stop building permits. Mayor stated he realized the value of existing homes would drop. Mayor Faram advised the Council did not want to come back in four months and find that the problem is multiplying that now exists. July 12, 1978 Page 20 Mr. Barfield stated he could not answer for the other builders. Mayor Faram asked Mr. Barfield if a thirty day extension would be ok. ~1r. Barfield stated one thirty day extension would be ok. Councilman Wood stated he would like to remind the builders of a meeting about a month ago and the builders made a statement that possibly the City Staff had led the Builders Association astray. Councilman Wood stated he did not rèalise the full significance at that time. When the Council furned down a major subdivision by a large builder and the Builders Association made an effort to change the Council ~ s feel i ng and someone made an indirect threat from the Federal Government, namely HUD; ~Councilman Wood stated that at that time he asked the Attorney for the builder if he would assist the City in some of the problems that were being pressed upon the City with the rapid expansion of the City. All the answers were no, we do not have a budget for this type of program. Councilman Wood stated at that time ~ knew we were getting into a problem. Councilman Wood advised be it four months or thirty days, Mr. Perkins assures the City that we " have a new water source,- but if the growth continues or increases we will be right back here with a problem similar to the one we have now. Councilman Wood stated he was advising the builders that with this type of growth there are going to be problems. Councilman Wood stated the problems were going to have to be worked out in advance. Mr. Barfield stated he reãlized the problems. Mayor Faram stated the City of Wataoga would also have to be considered as the City of North Richland Hills had no governmental power over building permits in Watauga. Mayor Faram stated he expected full cooperation from Watauga. If North Richland Hills was going to set water meters in North Richland Hills the city would also have to set meters in Watauga. Mayor Faram stated he felt that before the Council could make an agreement with the ~uilders the Council would have to get the feeling of Watauga. July 12, 1978 Page 21 Mayor Faram asked Mr. Barfield if he would be willing to make the same presentation to Watauga. Mr. Barfield replied he would make the presentation to Watauga. Mr. Bob Spies, 901 Bowen Road, Arlington, appeared before the Council. Mr. Spies stated he made his living by building homes. Mr. Spies stated he had bought lots in North Rièhland Hills, the lots were under city supervision, plats were signed indicating that he had lots to build on. Mr. Spies stated he felt his livelyhood had been cut off. Mr. Spies stated he wondered how many businesses used water, such as car washes, barber shops, beauty shops and restaurants. Mr. Spies stated these people did not come under the ordinance and they make their living by using water. Mr. Joe Moon appeared before the Council. Mr. Moon stated the builders were concerned about building and selling which is going to put at least four family members in a house and more water would be used. Mr. Moon stated everyone was going to have to suffer, but everyone is going to have to work out a solution. Mr. Moon stãted he was not aganist"the builders, but was for water. Mr. Joe Adams, 6716 Greenacres, North Richlarid Hills, appeared before the Council. Mr. Adams stated the Council had given an indication the Council would go four months on building permits. Mr. Adams stated the buildèrs did not have much money invested at this time, but the builders were going to put more money in building and if they have to come back in thirty days the builders would be more demanding. Mr. Adams stated if there was going to be a stop put on building permits the Council needed to make a decision now and make it clear for everyone. Mr. Adams asked the Council what was going to happen next summer. Mr. Adams stated he had been in North Richland Hills three years and had three promises. and still no water. July 12, 1978 Page 22 Mr. Allan Hamm, 408 Woodbriar Court, Bedford, appeared before the Council. Mr. Hamm stated his office was at 5125 Davis, North Richland Hills. Mr. Hamm advised the Council he was a former resident of North Richland Hills, he had been a developer in the area for seventeen years. Mr. Hamm stated it seemed some of the people here, particularly the last two speakers, were not interested in solving the water problem, they were interested in limiting the growth of North Richland Hills. Mr. Hamm stated he felt the builders and developers had given up a great deal. Mr. Hamm stated the builders cost would continue during the time the waterLmeters were limited. Mr. Hamm stated the City Engineer had said the line from Fort Worth would take tnree or four months to complete, if the City can get over the red tape in Austin. Mr. Hamm stated he would ask the Council to put more money in the contract and ask the contractor to work overtime or hire additional crews and get the line built. Mr. Hamm advised he felt the builders and developers did a great service for the community. Mr. Hamm stated everyone needed to work together and work out the problem. Mayor Faram closed the Public Hearing. Councilman Michener moved, seconded by Councilman Wood, to approve Ordinance No. 711, as drafted. Councilman Freeman stated he would like to offer an amendment to the effect of changing the time in Section C, Paragraph 1, from 10:00 p.m. to 4:00 a.m., instead of 10:00 pm to 10:00 a.m. Councilman Freeman stated hopefully the 4:00 a.m. deadline will give the city time to get water back in the tanks. Councilwoman Reeder seconded the amended motion. Councilman Michener stated he disagreed with the amendment. Councilman Michener stated 4:00 a.m. was an odd time. It was unrealistic to expect it . to be enforced throughout the City. Councilman Michener stated the ordinance was cutting down the nûmber of residents. Councilman Michener stated he perferred the ordinance as drafted. Councilman Wood stated he would like to try having the 10:00 p.m. to 10:00 a.m and monitor the water tanks. July 12, 1978 Page 23 Councilwoman Reeder stated there had to be time for the tanks to fill, if all watering can be cut off from 4:00 a.m. until 10:00 p.m. the tanks have time to fill and with only half the people watering on odd and even days the tanks will not be drained, therefore if there is a fire there will be more water to fight the fire. Councilwoman 'Reeder stated there was professional people present and she would like their opinion. City Engineer Perkins asked 'if the proposal was to limit the watering from 10:00 p.m. at night until 4:00 a.m. Councilman Freeman replied that was correct. Councilman Freeman stated from readings taken in the past at 7:00 a.m. there is fairly good water pressure, at 7:30 a.m. the pressure is dropping, at 8:00 a.m. there is no water. Hopefully by moving the time to 4:00 a.m. it will eJimate the problem. Councilman Freeman stated he agreed with Councilman Michener that monitoring will be a problem, but the biggest problem is communication. Councilman Freeman stated hopefully with the split system it will solve the problem. City Engineer Perkins stated that he fèlt the odd-even days woul d be' sÜffi C'Ì ent,' provided there was no cheating on the system. Councilman Freeman stated since an emergency was at hand the hours woûld not inconvenience people that much. Councilman Freeman stated he was trying to elimate the people that are watering all nignt. Councilman Wood asked if the Council decided on the 10:00 p.m. to 4:00 a.m. shcedule could the ordinance be adjusted by the Mayor or City Manager. City Attorney McEntire stated the ordinance provides that whether. it is 1Q:00 to 10:00 or 6:00 'or 10:00 to 7:00, if it does not work the Council has the right at the discretion of the City Manager or the Mayor to change it from 10:00 p.m. to 4:00 a.m. July 12, 1978 Page 24 Councilman Wood asked if the Council changed the time to 4:00 a.m. could the time be changed. Councilman Freeman stated if the 10:00 p.m. to 4:00 a.m. is implemented and works out and it looks like the time could be moved to 10:00 a.m. it would be easier to relax the stipulation than it would be to tighten it up. City Attorney McEntire statèd the problem was that this was the only emergency use schedule the Council is adopting, it is going to be what is put in the ordinance. Mr. McEntire stated it seemed strange that you can not relax the time but you can increase it. Mr. McEntire stated that once the Council adopted the emergency schedule, you are saying no watering will take place between the hours of 4:00 a.m. and 10:00 p.m., if this does not work the Council has the right to cut it down. Mr. McEntire stated the Council was establishing a period of time that is going to be in the ordinance. Mr. McEntire stated as Councilman Michener pointed out, you have a period of time 10:00 p.m. to 4:00 a.m that is the emergency schedule~ or you can go off the emergency or make it stiffer. Mr. McEntire stated the ordinance gives the Mayor or City Manager more flexibility to adjust to the situation if you find that 10:00 p.m. to 10:00 a.m. is not working, you can cut it back but the Council is establishing a period of time which we call an emergency use schedule. Mr. McEntire stated the reason the schedule was put in the ordinance is because the feeling was, had this ordinance been in effect last night and had the odd-~ven nembered system been in effect there would have been no problems today. Councilman Freeman asked Mr. McEntire to clarify, using the ordinance, where you are restricting this to a point that it can not be relaxed. Councilman Freeman stated he could not see why the Council could not arbitrarily change the date on the ordinance to relax the time. ADJOURNMENT ATTEST: July 12, 1978 Page 25 After discussion with the City Attorney, Councilman Freeman stated the Attorney had advised him the Council may be litigating the whole ordinance if too much is done to the restrictions. Councilman Freeman stated the Council was going to have ~o pick a specific time and stay with it. Councilman Freeman stated he would like for his amendment to stay in order and be voted on. Mayor Faram called for all those in favor of the amendment let it be known be using the voting sign. Those in favor of the amendment were Councilman Freeman and Councilwoman Reeder voting for; Councilmen Wood and Michener voting against; Mayor Faram voted for to break the tie. Mayor .Faram stated the amendment passed. Mayor Faram called for a vote on the original motion to pass Ordinance No. 711. Motion carried 4-0. Councilman Michener stated the Council would like to thank Mr. and Mrs. R. D. McCollorn for the note written to the Council. Mayor Faram adjourned the meeting of July 12, 1978, at 12:45 a.m. t~ ~ Faram - Mayor