HomeMy WebLinkAboutCC 2006-08-28 Agendas
.
.
.
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL WORK SESSION AGENDA
NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, August 28, 2006
5:30 P.M.
A.O
Discuss Items from Regular City Council Meeting
B.1
IR 2006-092 Report of Various Water Issues
B.2
IR 2006-094 Briefing on the Status of Iron Horse Golf Course Re-Opening
C.O
Adjournment
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills City Council was
posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas
Government Code on August 25,2006 at Q~\C\ ~'~.
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
this meeting. Please contact the City Secretary's office at 817-427-6060 for further
information.
The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code.
.
"
CITY OF NORTH RICH LAND HILLS
CITY COUNCIL AGENDA
CITY HALL COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, August 28, 2006
7:00 P.M.
-------------------------------------------------------------------------------------------------------------------------
Copies of the full City Council agenda information packet are accessible prior to every
regularly scheduled Monday Council meeting according to the following locations and
schedule:
o Library on the Friday prior to the meeting (available electronically)
o City Hall on the day of the meeting (hard copy available)
Additionally, the agenda packet is available for download from the City's web site at
www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council
meeting.
----------------------------------------------------------------------------------------------------------------------------
A.O
. A.1
A.2
A.3
A.4
Call to Order - Mayor Oscar Trevino
Invocation - Councilman Sapp
Pledge - Councilman Sapp
Special Presentation(s) and Recognition(s)
Yard of the Month Awards - Keep NRH Beautiful Commission Member Doris Tipps &
Councilman Barth
A.5 Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Council or another City Board or Commission at
a later date. In order to address the Council, please complete a Public Meeting
Appearance Card and present it to the City Secretary prior to the start of the Council
meeting.
A.6 Removal of Item(s) from Consent Agenda
8.0
.
CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed to
require little or no deliberation by the City Council and will be voted on in one motion.
There will be no separate discussion of these items unless a Council Member so
,
.
B.2
B.3
C.O
C.1
C.2
D.O
~
requests, in which event the item will be removed from the Consent Agenda and
considered.
B.1
Approval of Minutes of August 14, 2006 City Council Meeting
FP 2006-08 Consideration of a Request From Ahlborn Development Inc. to Approve a
Final Plat of a 27 Lot Single Family Subdivision to be known as Town Walk Chase
Addition (Located in the 8400 Block of Amundson Drive - 7 .172 acres).
PU 2006-052 Consideration of a Contract with Air Cleaning Technologies, Inc. for
Plymovent Vehicle Exhaust Extraction Systems at Stations No.2 & No.3 - Resolution
No. 2006-072
PUBLIC HEARINGS
GN 2006-074 Conduct Public Hearing on Proposed Tax Rate
GN 2006-075 Conduct Public Hearing on Proposed 2006-2007 Budget
PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing.
. No Items for this category,
E.O PUBLIC WORKS
E.1 PW 2006-029 Approve Resolution Providing Assurances on the Funding of
Requirements of the Enforcement Response Plan Required By the Texas Commission
on Environmental Quality - Resolution No. 2006-068
E.2 PW 2006-030 Approve Amending Article IV of Chapter 78 of the North Richland Hills
Code of Ordinances and Amend the City's Industrial Waste Regulations - Ordinance No.
2898
F.O GENERAL ITEMS
F.1 GN 2006-076 Contract Authorizing Pass Through Vehicle Replacement State Grant
Agreement for the Northeast Transportation Service - Resolution No. 2006-069
F.2 GN 2006-077 Consideration of Designating an Official Name for Little Bear Creek
Neighborhood Park - Resolution No. 2006-070
F.3
.
GN 2006-078 Consideration of a New Name for the South Electric Trail - Resolution No,
2006-071
.
.
.
FA Information and Reports - Councilman Turnage
F.5 Adjournment
All items on the agenda are for discussion and/or action.
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills City Council was
posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas
Government Code on August 25,2006 at Ò· \C\ \>. ()). ,
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
this meeting. Please contact the City Secretary's office at 817-427-6060 for further
information.
The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code.
.
A.O
B.1
B.2
C.O
.
.
City of North Richland Hills
City Council Work Session Meeting Agenda
North Richland Hills City Hall Pre-Council Chambers
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, August 28, 2006
5:30 P.M.
Discuss Items from Reaular City Council Meeting
IR 2006-092 Report of Various Water Issues
IR 2006-094 Briefing on the Status of Iron Horse Golf Course Re-Opening
Adiournment
CITY OF
NORTH RICHLAND HILLS
.
Department: City Secretary
Presented by:
Council Meeting Date: 8-28-2006
Agenda No.A.O
Subject: Discuss Items from Regular City Council Meeting
.
.
.
.
.
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2006-092
Date: August 28, 2006
Subject: Report of Various Water Issues
The purpose of this report is for staff to update Council on several issues pertaining to
the drought and the City's water system. Some of the issues have been discussed
with Council previously and this report is an update. However, some of the issues may
be new information. The specific issues are summarized below.
Gifford Lane/McKee Water System
Council may recall that the McKee Water System is a private system that serves
approximately 40 residents along and in the proximity of Shady Grove Road. Most of
the residents served by this system live in the City of Keller with approximately 17
residents living in North Richland Hills. The City and the McKee customers were
informed by mail in May that the system was going to be shut down and water would
no longer be provided beginning July 4, 2006. The information provided about the
closing of the water system informed the customers to contact their respective city of
residence.
As it turned out, the State did not allow the private system to shut down on July 4th,
Public Works staff has continued to be in contact with the State and been told that the
State would not allow the closure of the McKee Water System until the City had public
water mains in place to serve the North Richland Hills residents.
The North Richland Hills residents that live along Shady Grove Road have a City water
main that they can connect to for service. However, 12 residents that are connected to
the McKee Water System live along a private road (Gifford Lane). The Public Works
staff has not been able to get easements from all of the residents along Gifford Lane,
but we were able to get the easements along the west side. This will allow the public
water main to be constructed along the west side of the road. Since the easements
extend to the center of the private road, all residents (east side and west side) will have
access to the water main.
The City began construction of the water main on August 18, 2006 and should be
complete in approximately two weeks. Staff went forward on construction after we
heard that one of the pumps of the McKee system had failed. Although staff is not
connecting the residents to City water until they have paid their share of the new water
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HillS, TEXAS --
.
.
.
main and all impact fees and connection fees, the water main is being constructed so
there will not be any delays from the City if the McKee system completely fails or the
owner gets approval to shut down the system.
Taste and Odor Concerns of City Water
Historically, customers have experienced drinking water taste and odor events in the
summer months due to algae blooms in the lakes. This year with the drought conditions
and varying source water contributions from Tarrant Regional Water District, taste and
odor issues have been magnified. The East Texas Cedar Creek and Richland
Chambers Reservoirs serve as the primary water sources for the Trinity River Authority
(TRA) and many Tarrant County lakes serve as the primary water sources for the City of
Fort Worth. Both of the City's wholesale water suppliers are making plant adjustments
to reduce customer concerns. Taste and odor issues can only be improved at the water
treatment plant. Algae does alter the taste and the smell of water, but does not present
a health risk; the treated water continues to meet all drinking water regulations. Staff
will continue to apprise Council of any progress and new developments.
Record Number of Water Main Breaks
Normally the City experiences about 100 to 130 main breaks per year. Last year we
experienced 120 breaks. By the end of June this year we had already repaired 124
water main breaks. During the past few months many of these breaks are occurring in
the evening. This is having an increasing impact on the budgeted overtime account for
Public Works as well as our response times. The water conservation measures that the
city implemented last month is also making the public more aware of water main breaks,
This is a positive with regards to water conservation because the breaks get reported
earlier but sometimes residents don't understand the time it takes to mobilize a crew
(after hours) to make the necessary repairs. There is also the time necessary to allow
the franchise utilities to mark their utility lines. During an emergency situation we must
allow a minimum of 4 hours for the utility companies to mark their lines. In some cases
the residents who have reported the main break have not been aware of these time
constraints and therefore believe the city is not being as responsive as they should be,
Staff is placing door hangers on doors in areas of a reported water main break to
educate the residents about the process and to keep them informed.
Staff suspects that the increase in water main breaks is being caused by the shifting of
the dry soil and the amount of water being used. Even though the City implemented
water conservation measures a few months ago, staff is not seeing a decrease in the
total water usage. The increase in usage is principally due to the drought conditions
that North Texas is experiencing. The city is averaging about 18.5 million gallons of
water per day which is slightly higher than the 18 million gallons per day this time last
year. The peak water use to date occurred on August 11, 2006 at a rate of 24.5 MGD. It
is interesting that we have had higher peak periods in the past. Staff believes that the
.
water conservation measures are reducing the peak water consumption periods by
restricting the times when lawns can be watered. The city has a peak system capacity
of approximately 35 to 37 million gallons per day. So the 24 to 25 million gallons per day
of peak demand that is being placed on the system is well below the system's capacity,
Staff does not need direction from Council on any of these issues at this time.
Respectfully submitted,
Mike Curtis
Public Works Director
.
.
.
INFORMAL REPORT TO MAYOR AND CITY COUNCIL
No. IR 2006-094
Date: August 23,2006
Subject: Briefing on the Status of Iron Horse Golf Course Re-Opening
At the City Council meeting on Monday evening, staff will be updating the City Council
on the current plans for the Re-Opening of Iron Horse Golf Course. We will give you
an update on the greens replacement project and other improvements done over the
past six weeks. There are a number of logistics still to be resolved about the re-
opening, including the actual date. We do have a tentative date established and a
back-up date to share with the City Council as well as many of the other plans City
staff and EAGL staff have prepared.
Respectfully Submitted,
Richard Torres
Assistant City Manager
.
ISSUED BY THE CITY MANAGER
NORTH RICHLAND HillS, TEXAS --
.
CITY OF
NORTH RICHLAND HILLS
.
Department: City Secretary
Presented by:
Council Meeting Date: 8-28-2006
Agenda No.C.O
Subject: Adjournment
.
.
.
City of North Richland Hills
City Council Regular Meeting Agenda
North Richland Hills City Hall Council Chambers
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, August 28, 2006
7:00 P.M.
A.O
Call to Order - Mayor Oscar Trevino
A.1
Invocation - Councilman Sapp
A.2
Pledqe - Councilman Sapp
A.3
Special Presentation(s) and Recoanition(s)
A.4
Yard of the Month Awards - Keep NRH Beautiful Commission Member Doris
Tipps & Councilman Barth
.
A.5 Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Councilor another City Board or
Commission at a later date. In order to address the Council, please complete a
Public Meeting Appearance Card and present it to the City Secretary prior to the
start of the Council meeting.
A.6 Removal of Item(s) from Consent Aaenda
B.O CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed
to require little or no deliberation by the City Council and will be voted on in one
motion. There will be no separate discussion of these items unless a Council
Member so requests, in which event the item will be removed from the Consent
Agenda and considered.
B.1 Approval of Minutes of Auqust 14. 2006 City Council Meeting
B.2 FP 2006-08 Consideration of a Request From Ahlborn Development Inc. to
Approve a Final Plat of a 27 Lot Sinqle Family Subdivision to be known as Town
Walk Chase Addition (Located in the 8400 Block of Amundson Drive - 7.172
acres ).
B.3 PU 2006-052 Consideration of a Contract with Air Cleanina Technoloaies. Inc. for
Plymovent Vehicle Exhaust Extraction Systems at Stations No.2 & NO.3 -
Resolution No. 2006-072
.
. c.o
C.1
C.2
0.0
PUBLIC HEARINGS
GN 2006-074 Conduct Public Hearina on Proposed Tax Rate
GN 2006-075 Conduct Public Hearina on Proposed 2006-2007 Budaet
PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing.
No Items for this category.
E.O PUBLIC WORKS
E.1 PW 2006-029 Approve Resolution Providina Assurances on the Fundina of
Requirements of the Enforcement Response Plan Required Bv the Texas
Commission on Environmental Quality - Resolution No. 2006-068
E.2 PW 2006-030 Approve Amendina Article IV of Chapter 78 of the North Richland
Hills Code of Ordinances and Amend the City's Industrial Waste Reaulations _
Ordinance No. 2898
.
F.O GENERAL ITEMS
F.1 GN 2006-076 Contract Authorizina Pass Throuah Vehicle Replacement State
Grant Aareement for the Northeast Transportation Service - Resolution No.
2006-069
F.2 GN 2006-077 Consideration of Desianatina an Official Name for Little Bear Creek
Neiahborhood Park - Resolution No. 2006-070
F.3 GN 2006-078 Consideration of a New Name for the South Electric Trail _
Resolution No. 2006-071
F.4 Information and Reports - Councilman Turnaae
F.5 Adiournment
.
CITY OF
NORTH RICHLAND HILLS
.
Department: City Secretary
Presented by:
Council Meeting Date: 8-28-2006
Agenda No.A.O
Subject: Call to Order - Mayor Oscar Trevino
.
.
CITY OF
NORTH RICHLAND HILLS
.
Department: City Secretary
Presented by:
Council Meeting Date: 8-28-2006
Agenda No.A.1
Subject: Invocation - Councilman Sapp
.
.
CITY OF
NORTH RICHLAND HILLS
.
Department: City Secretary
Presented by:
Council Meeting Date: 8-28-2006
Agenda No.A.2
Subject: Pledge - Councilman Sapp
.
.
.
.
.
Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Subject: Special Presentation(s) and Recognition(s)
Council Meeting Date: 8-28-2006
Agenda NO.A.3
CITY OF
NORTH RICHLAND HILLS
.
Department: Neighborhood Services
Presented by: Doris Tipps & Councilman Barth
Council Meeting Date: 8-28-2006
Agenda NO.A.4
Subject: Yard of the Month Awards - Keep NRH Beautiful Commission Member Doris
Tipps & Councilman Barth
AREA 1
AREA 2
AREA 3
AREA 4
AREA 5
. AREA 6
AREA 7
AREA 8
AREA 9
Mr. & Mrs. Mitchell Feris. 3805 Diamond Loch West.
Robert Helm. 6900 Corona
Mary Kav Austin. 6332 Skvlark Circle
Jesus & Celina Quintana. 7201 Jamaica Way
Rob & Jennifer Reiale. 6005 Wintereark
Julie Barrinaton. 6704 Mabell
Rov & Judv adorn. 9204 Edaemont Dr.
Trev Baer. 7829 Green Vallev Dr.
Donald & Mvra Gasser. 7920 Kandv
Business Landscape Winner
.
Kevin Smith Insurance Aaencv (Farmers Insurance
Groue). 8240 Mid-Cities Boulevard
CITY OF
NORTH RICHLAND HILLS
.
Department: City Secretary
Presented by:
Council Meeting Date: 8-28-2006
Agenda No.A.5
Subject: Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Councilor another City Board or Commission at
a later date. In order to address the Council, please complete a Public Meeting
Appearance Card and present it to the City Secretary prior to the start of the Council
meeting.
.
.
CITY OF
NORTH RICHLAND HILLS
.
Department: City Secretary
Presented by:
Council Meeting Date: 8-28-2006
Agenda NO.A.6
Subject: Removal of Item(s) from Consent Agenda
.
.
CITY OF
NORTH RICHLAND HILLS
.
Department: City Secretary
Presented by:
Council Meeting Date: 8-28-2006
Agenda No. B.O
Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed to
require little or no deliberation by the City Council and will be voted on in one motion.
There will be no separate discussion of these items unless a Council Member so
requests, in which event the item will be removed from the Consent Agenda and
considered.
.
.
CITY OF
NORTH RICHLAND HILLS
.
Department: City Secretary
Presented by: Patricia Hutson
Council Meeting Date: 8-28-2006
Agenda No.B.1
Subject: Approval of Minutes of August 14, 2006 City Council Meeting
Recommendation:
To approve the minutes of the August 14, 2006 City Council meeting.
.
.
.
MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY
COUNCil OF THE CITY OF NORTH RICHlAND HillS,
TEXAS, HELD IN THE CITY HAll, 7301 NORTHEAST
lOOP 820 - AUGUST 14, 2006
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
14th day of August, 2006 at 6:30 p.m. in the Pre-Council Room prior to the 7:00 regular
Council meeting.
Present:
Oscar Trevino
John Lewis
Ken Sapp
Suzy Compton
David Whitson
Scott Turnage
Tim Barth
Tim Welch
.
Staff Members: Larry J. Cunningham
Richard Torres
Ogden Bo Bass
Karen Bostic
Monica Solko
George Staples
Mary Edwards
John Pitstick
Larry Koonce
Mike Curtis
Drew Corn
Andy Jones
Steve Brown
Eric Wilhite
Greg VanNeiuwenhuize
Melinda Holland
Call to Order
Mayor
Mayor Pro Tern
Councilman
Councilwoman
Councilman
Councilman
Councilman
Councilman
City Manager
Assistant City Manager
Assistant City Manager
Managing Director Administrative/Fiscal Services
Assistant City Secretary
City Attorney
Public Information Officer
Director of Planning & Development
Finance Director
Public Works Director
Budget Director
Fire Chief
Library Director
Chief Planner
Public Works Assistant Director
Webmaster
Mayor Trevino called the work session to order at 6:30 p.m.
A.O Discuss Items from Reaular City Council Meetina
Councilman Ken Sapp asked about item E.1 (approve professional services agreement
with Freese and Nichols, Inc. for the unidirectional flushing program). He asked once
the system is in place how would it be managed? Mike Curtis, Director of Public Works
.
.
.
.
stated that the consultant would be designing the process. The Public Works
Operations Service Center will be trained how to run the program. This program is not
a computer program it consists of flushing particular pipe sections in a sequential
manner starting from the source of the system out to the outer boundary limits of the
system. This will result in a higher level of water quality and less wasted water.
Councilman Sapp asked if the system would help with the taste of the water. Mr. Curtis
stated that this program was not intellded for taste and odor it was a maintenance
issue.
B.1 Executive Session
Mayor Trevino announced at 6:33 p.m. that the Council would adjourn into Executive
Session as authorized by Chapter 551, Texas Government Code to discuss the
following: a) Lease of Municipal Real Property for Mineral Development Authorized by
Section 551.072 to discuss the leasing of Mineral Rights at Green Valley Park and
Cross Timbers Park; b) Pending Litigation Authorized by Section 551.071, to consult
with attorney regarding Laura Friend vs. City of North Richland Hills.
C.o Adiournment
Mayor Trevino announced at 6:43 p.m. that the Council would adjourn to the regular
Council meeting.
REGULAR COUNCIL MEETING
A.O
CALL TO ORDER
Mayor Trevino called the meeting to order August 14, 2006 at 7:00 p.m.
ROLL CALL
Present:
Oscar Trevino
John Lewis
Ken Sapp
Suzy Compton
Tim Barth
David Whitson
Scott Turnage
Tim Welch
Mayor
Mayor Pro Tern
Councilman
Councilwoman
Councilman
Councilman
Councilman
Councilman
Staff:
Larry J. Cunningham
Ogden Bo Bass
Richard Torres
City Manager
Assistant City Manager
Assistant City Manager
.
Monica Solko
George Staples
Assistant City Secretary
Attorney
A.1
INVOCATION
Councilman Whitson gave the invocation.
A.2
PLEDGE OF ALLEGIANCE
Councilman Whitson led the pledge of allegiance.
A.3
SPECIAL PRESENTATION(S) AND RECOGNITION(S)
None.
.
A.4
CITIZENS PRESENTATION
Ms. Laverne O'Steen, 8429 Emerald Circle, presented a picture of a failing retaining
wall and a section of loose wrought iron fencing on the retaining wall in the Emerald
Lakes area and commented this was her 13th citizen presentation on the subject matter.
Ms. O'Steen commented on concerns associated with the Emerald Lakes and handed
out a letter to Council from Noakes Engineering Company, Inc. dated March 25, 2003.
.
Darinda Howeth, 7501 Acts Court came forward to speak on Cross Timbers Park. She
spoke on behalf of: Joe Howeth, David Caselman, Joann Todd, Gina Helm, Ed Helm,
John Deeds, Alesha Lobo, Leta Alfaro. She was representing the neighbors who
backup to Cross Timbers Park and Adventure World Playground. The last several
years she and her neighbors have seen an increase in copperhead snakes in their
neighborhood. They are concerned for the safety of the children who play at the
playground and citizens who walk through the trails of the park. After visiting neighbors,
found that there had been 43 copperhead killings on residential property. Two had
been captured and turned over to Animal Control. Two others had been captured and
released back into the park. At this time, they did not have a proper solution but had
two suggestions: 1) to hire a professional venomous snake removal company which is
very expensive; 2) to gather a group of herpetologist and activists to capture the
copperheads and relocate them. She understands the importance of the ecosystem
and what the snakes do there. They were not asking that they remove all of the snakes
just the venomous snakes. They do take precautions by lining their yards with the
.
organic snake stopper powder but it has not stopped them. They are asking for
assistance and ideas to remove all of the population of copperhead snakes.
Citizens in opposition of the removal of the snakes each came forward to speak.
· David Chan, 7500 Acts Court (also handed out a petition to Council)
· Jennifer Ward, 7505 Acts Court
· Jan Bibb, 7504 Acts Court
· Marlin Miller, 5109 Susan Lee Lane
· Glen Nerwin, 7724 Aubrey Lane
· Scott Davis, 7820 Aubrey Lane
· Chris Cowne, 7821 Aubrey Lane
.
Some of the citizens have walked on and off the trail and have yet to see a snake.
Some have seen grass snakes. They felt that people who stacked fire wood, leaves or
other types of material are sending an invitation for snakes to hide in. They stated that
people who leave pet food, bird food and open garbage cans out would attract rodents
and with that snakes would follow the food source. They felt because of the snakes the
rodent problem in their homes have decreased and by removing the snakes, the
rodents would return. Several stated that snakes were afraid of people. If you made
noise around a snake they would run in the opposite direction. They felt with the recent
drought that not only snakes, but all other wildlife in the park have been coming in their
yards in search for water. They all expressed concern with the balance of the
ecosystem in the park. By removing the snakes they could possibly rid other wildlife
that live in the park. They stated that the park was a jewel in the middle of the
Metroplex for all nature lovers. It is also a learning tool for children on wildlife. They
felt that education on snakes is the best solution for the problem.
A.5
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
.
B.O
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
B1. APPROVAL OF MINUTES OF JULY 24,2006 CITY COUNCIL MEETING
B2. APPROVAL OF MINUTES OF AUGUST 4-5,2006 BUDGET WORK SESSION
B3. FP 2006-05 CONSIDERATION OF A REQUEST FROM JB & JB
DEVELOPMENT, FLP TO APPROVE A FINAL PLAT OF THORNBRIDGE EAST
PHASE III ADDITION (LOCATED IN THE 8000 BLOCK OF PRECINCT LINE
RD.)
.
.
.
B4. FP 2006-10 CONSIDERATION OF A REQUEST FROM REAVES BUILDING
CORP. AND COMIS DEVELOPMENT CORPORATION TO APPROVE A FINAL
PLAT OF LOTS 1-2, BLOCK 1, REAVES ADDITION (LOCATED IN THE 8800
BLOCK OF RUMFIELD RD. - 1.304 ACRES).
COUNCILMAN SAPP MOVED TO APPROVE THE CONSENT AGENDA. MAYOR PRO TEM LEWIS
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
PUBLIC HEARINGS
C.1
ZC 2006-08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM
PERRY & VALERIE ROBERTS TO APPROVE A ZONING CHANGE FROM "AG"
AGRICULTURAL TO "R-1-S" SPECIAL SINGLE FAMILY RESIDENTIAL (LOCATED
AT 8901 MARTIN DR. - 1.996 ACRES). ORDINANCE NO. 2897
APPROVED
Mayor Trevino opened the public hearing and asked for the applicant to come forward.
James Schwend, with AP Survey Company, representing the applicant came forward
and was ready to answer any questions the Council had.
Eric Wilhite, Chief Planner, summarized the item. The applicants, Perry and Valerie
Roberts, represented by AP Survey Company, are requesting approval of a zoning
change from the existing "AG" (agricultural district) to "R-1-S" (special single family
residential district) for the purpose of developing a single family residence. The
Planning & Zoning Commission met on Thursday, July 20, 2006 and recommended 6-0
to approve ZC 2006-08.
Mayor Trevino called for anyone wishing to speak for or against the request to come
forward.
There being no one wishing to speak, Mayor Trevino closed the public hearing and
called for the motion.
COUNCILMAN WELCH MOVED TO APPROVE ZC 2006-08 AND ORDINANCE No. 2897.
COUNCILWOMAN COMPTON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
.
.
.
C.2
RP 2006-08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM
SCOTT KUNKEL TO APPROVE A REPLA T OF LOT 6, COLLEGE ACRES INTO
TWO LOTS 6A AND 6B, BLOCK 1, COLLEGE ACRES ADDITION (LOCATED IN
THE 8000 BLOCK OF GREEN VALLEY DR.)
APPROVED
Mayor Trevino opened the public hearing and asked for the applicant to come forward.
Scott Kunkel, the applicant came forward. He presented the item and was available to
answer questions from the Council.
Eric Wilhite, Chief Planner gave a summary of the item. Again, the applicant, Scott
Kunkel, is requesting a replat of Lot 6 of College Acres Addition which is currently a
single 2.09 acre lot. The purpose of the replat is to develop two R-3 single family lots of
1 acre each. The Planning & Zoning Commission met on Thursday, July 20, 2006 and
recommended approval of RP 2006-08 by a vote of 6-0.
Mayor Trevino called for anyone wishing to speak for the request to come forward.
Mayor Pro Tern Lewis stated there was a Public Meeting Appearance Card on this
issue. Dennis and Rebecca Paul, 8044 Green Valley Drive, did not wish to speak but
wanted the record to show their support of this issue.
Mayor Trevino called for anyone wishing to speak against the item to come forward.
There being no one wishing to speak, Mayor Trevino closed the public hearing and
called for the motion.
COUNCILMAN TURNAGE MOVED TO APPROVE RP 2006-08. COUNCILMAN BARTH SECONDED
THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
C.3
GN 2006-068 PUBLIC HEARING AND ACTION ON THE USE OF GREEN VALLEY
PARK AND CROSS TIMBERS PARK FOR MINERAL DEVELOPMENT
APPROVED
Mayor Trevino opened the public hearing.
Richard Torres, Assistant City Manager gave a PowerPoint presentation of the item.
The staff approach to allowing gas development on public property is to conduct public
hearings on just a few parcels at a time rather than all parcels at the same time. The
.
.
I.
selection of the parks to start with and the subsequent phasing has been largely
determined by the interest we have received from local gas development companies.
As such, the third of a series of park land mineral leasing considerations is now being
given to Green Valley Park and Cross Timbers Park and are the only two parks for
mineral lease consideration at this meeting. Both park properties are located in the
northern portions of the City. Mineral leasing onlv is being considered for Green Valley
and Cross Timbers Parks. Gas drilling will not be allowed.
Mayor Trevino called for anyone wishing to speak for or against the request to come
forward.
There being no one wishing to speak, Mayor Trevino closed the public hearing and
called for the motion.
MAYOR PRO TEM LEWIS MOVED TO APPROVE GN 2006-068 AND THAT THE CITY COUNCil HAS
FOUND AS REQUIRED BY SECTION 26.01, TEXAS PARKS AND WilDLIFE CODE, THAT THE
PROPOSED MINERAL DEVELOPMENT ENVISIONED BY THE PROPOSED lEASE OF THE PARKS
PROPERTY KNOWN AS GREEN VAllEY PARK AND CROSS TIMBERS PARK FOR MINERAL
DEVELOPMENT THAT (1) THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE USE OF
SUCH LAND FOR MINERAL DEVELOPMENT; (2) THE PROGRAM OR PROJECT FOR MINERAL
DEVELOPMENT OF PARKS INCLUDES ALL REASONABLE PLANNING TO MINIMIZE HARM TO THE
LAND, AS A PARK, RESULTING FROM ITS USE FOR MINERAL DEVELOPMENT. COUNCILMAN SAPP
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
C.4
PU 2006-053 AWARD BID FOR MINERAL LEASE OF GREEN VALLEY PARK AND
CROSS TIMBERS PARK - RESOLUTION NO. 2006-067 (THIS ITEM IS NOT A
PUBLIC HEARING BUT IS RELATED TO ITEM C.3).
APPROVED
Richard Torres, Assistant City Manager gave a summary of the item. In the fall of 2005,
the City of North Richland Hills hired a Mineral Assets Manager with J.P. Morgan Chase
Bank N.A. to market and solicit bids for mineral leases on various City properties.
In June 2006, the City advertised, for three consecutive weeks, a mineral lease bid for
Green Valley Park (30.622 acres) and Cross Timbers Park (106.1154 acres). The
terms included a minimum signing bonus of $3,000 per mineral acre and a 250/0 royalty
on all natural gas produced. The signing bonus is to be paid up front upon execution of
the mineral lease documents. Both lease terms are for three years and include other
provisions to protect the City's interests. Within this three year period, if no royalty
payments have been received by the City, the lease will cease and then the City will
.
.
.
have the opportunity to re-lease the property. The leases are for minerals only and no
surface drilling will be allowed on these City properties.
The City only received one bidder which was The Harding Company. The Harding
Company is the drilling company that recently drilled the first well in North Richland
Hills. The Harding Company has submitted a bid of $3,000 an acre for both parks.
They have also offered a 260/0 royalty on the minerals that may be developed off the two
sites.
MAYOR PRO TEM LEWIS MOVED TO APPROVE RESOLUTION No. 2006-067. COUNCILMAN
BARTH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
PLANNING & DEVELOPMENT
D.1
PW 2006-026 APPROVE ABANDONING AND CLOSING A PORTION OF
SMITHFIELD ROAD BETWEEN BURSEY ROAD AND OAK KNOLL DRIVE -
ORDINANCE NO. 2894
APPROVED
Mike Curtis, Director of Public Works presented the item. The City participated in a
street improvement project to reconstruct a section of Smithfield Road. A portion of this
project included improving Smithfield Road, between Bursey Road and Oak Knoll Drive,
from a two-lane asphalt street to a four-lane concrete street with curb and gutter. This
project also involved the realignment of the street centerline to the alignment identified
in the Master Thoroughfare Plan. The old asphalt pavement section from the previous
alignment of Smithfield Road was left in place to serve the residents of the Fair Oaks
subdivision. A new residential development which is bound between the old asphalt
pavement section of Smithfield Road, the new concrete section of Smithfield Road and
Bursey Road. This new development proposes to extend the existing streets that serve
the Fair Oaks subdivision (Silverleaf Drive and Shadow Wood Drive) to the newly
aligned concrete section of Smithfield Road. After Silverleaf Drive and Shadow Wood
Drive are extended, the old asphalt section of Smithfield Road would no longer be
needed as public right-of-way. In order to proceed with this new residential
development, the street rights-of-way from the old asphalt pavement section of
Smithfield Road, between Bursey Road and Oak Knoll Drive needs to be officially
closed and abandoned.
COUNCILMAN WELCH MOVED TO APPROVE ORDINANCE No. 2894. COUNCILWOMAN COMPTON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
.
.
.
D.2
FP 2006-02 CONSIDERATION OF A REQUEST FROM J & J NRH 100 FLP TO
APPROVE A FINAL PLAT OF LOTS 1-7, BLOCK 12, LOTS 1-12, BLOCK 13 AND
LOTS 1-4, BLOCK 14, FOREST GLENN WEST PHASE IV (LOCATED IN THE 8000
BLOCK OF SMITHFIELD RD. - 7.487 ACRES).
APPROVED
Mark Long, 1615 Precinct Line Road, Engineer representing the developer came
forward. He presented the item and was available to answer questions from the
Council.
Eric Wilhite, Chief Planner, summarized the item. The applicant, J & J NRH 100 FLP, is
requesting approval of the final plat of Forest Glenn West Phase IV Addition. A total of
23 residential lots are proposed for the 7.487 acre site. The site is zoned "R-2"
Residential. Minimum lot sizes are 9,000 square feet with a minimum house size of
2,000 square feet. The applicant is requesting some slight variances due to tight lot
configurations that occur because of the curve in Smithfield Road (Lot 6, Block 13, Lot
5, Block 13 and Lot 3, Block 14). The Planning & Zoning Commission met on Thursday,
July 20,2006 and recommended approval of FP 2006-02 by a vote of 6-0.
COUNCILWOMAN COMPTON MOVED TO APPROVE FP 2006-02. COUNCILMAN WHITSON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
D.3
AP 2006-02 CONSIDERATION OF A REQUEST FROM ALAMO CUSTOM
BUILDERS, INC. TO APPROVE AN AMENDED PLAT OF LOTS 8-9, BLOCK 2,
NORTHRIDGE MEADOWS PHASE II ADDITION (LOCATED IN THE 7000 BLOCK
OF RIDGE LINE DR. - 0.496 ACRES).).
APPROVED
David Pokluda, 6341 Skylark Circle, with Alamo Custom Builders came forward. He
presented the item and was available to answer questions from the Council.
Eric Wilhite, Chief Planner summarized the item. The applicant Alamo Custom
Builders, represented by David Pokluda is requesting an amended plat to the final plat
that was approved July 12, 2004. The applicant believes that the 30 feet platted front
setback creates a lot which is difficult to build on. It is typical for lots located on cul-de-
sacs to have a greater front building setback line than lots which are located along
straight streets due to the curve creating a narrow lot at the lot line. Since the
measurement of lot width is taken at the front building line and not the property line, the
.
front setback is typically greater. In this particular situation in order to reach the proper
lot width, the front setback ended up at 30 feet. The applicant is requesting a variance
from the 30 feet front building line to 20 feet. Staff believes a residential structure could
be built on the lot as platted, but at the same time understands that some additional
difficulty is created by the 7.5 feet UE along the rear of the two lots, that may not
typically occur in similarly configured lots. The Planning & Zoning Commission met on
Thursday, July 20,2006 and recommended approval of AP 2006-02 by a vote of 6-0.
COUNCILMAN SAPP MOVED TO APPROVE AP 2006-02. COUNCILMAN TURNAGE SECONDED
THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
D.4
AP 2006-03 CONSIDERATION OF A REQUEST FROM MARK WOOD TO APPROVE
AN AMENDED PLAT OF GRAHAM RANCH - PHASE TWO (LOCATED EAST OF
RUFE SNOW AND NORTH OF CHAPMAN ROAD).
APPROVED
Mark Howell, 6617 Precinct Line Road, Suite 200 came forward and stated he was
. available to answer questions from the Council.
Eric Wilhite, Chief Planner, summarized the item. The final plat for this 22 acre
residential development was approved by the City and subsequently filed with Tarrant
County. It was later discovered that the plat exhibits that were filed by the Developer
contained omissions and were thereby inconsistent with the final plat which received
approval by the City Council. As such, the plat filed by the Developer was deemed by
the City Attorney to be invalid. The lot layout of the development and number of lots is
unchanged from what has been already approved. This amended plat will correct the
omissions. The Planning & Zoning Commission met on Thursday, July 20, 2006 and
recommended approval of AP 2006-03 by a vote of 6-0.
COUNCILMAN WELCH MOVED TO APPROVE AP 2006-03. COUNCILMAN TURNAGE SECONDED
THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
.
D.5
SP 2006-08 CONSIDERATION OF A REQUEST FROM DAVID FARHAT,
ROCKFORD CONSTRUCTION, TO APPROVE A SITE PLAN FOR A FAMILY VIDEO
STORE, CRESTWOOD ESTATES, LOT 10, BLOCK 6 (LOCATED IN THE 7500
.
.
.
BLOCK OF DAVIS BLVD. - .9875 ACRES)..
APPROVED
David Farhat, 3116 W. 5th Street, Fort Worth, came forward and stated he was
available to answer questions from the Council.
Eric Wilhite, Chief Planner, summarized the item. The applicant, David Farhat of
Rockford Construction on behalf of Family Video is requesting site plan approval for
development of a 7,200 square foot retail/commercial development. The site is
currently vacant, it is 7,200 square foot, single story building oriented towards Davis
Boulevard. The majority of the square footage will be utilized by Family Video, with a
small portion for lease to another tenant. The Planning & Zoning Commission met on
Thursday, July 20, 2006 and recommended 6-0 to approve SP 2006-08 with the
following suggested amendments: 1) remove the 6 parallel parking spaces on the south
edge of the parking area so that the landscape buffer will include that area, thus saving
the mature trees, 2) a masonry trash enclosure be included on the site plan, 3) obtain
cross access approval from the owner of the property, and 4) indicate sidewalk along
Davis Boulevard as 5' wide.
COUNCILMAN WELCH MOVED TO APPROVE SP 2006-08 WITH THE RECOMMENDATIONS
PROVIDED BY P&Z AND WITH THE ADDITION OF MOVING THE DUMPSTER ADJACENT TO THE
BUILDING AS SHOWN BY APPLICANT (FROM THE INTERSECTION OF DAVIS BLVD. TO THE
SOUTHWEST CORNER OF THE BUILDING) WITH MASONRY CONTENT SCREENING. COUNCILMAN
TURNAGE SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
D.6
SP 2006-06 CONSIDERATION OF A REQUEST FROM DUFFY HAMILTON
THOMAS, LLP TO APPROVE A SITE PLAN FOR AN 11-LOT OFFICE PARK,
PAVILION PARK ADDITION, LOTS 1-11, BLOCK 1 (LOCATED IN THE 8300 BLOCK
OF MID CITIES BLVD. - 5.4 ACRES).
APPROVED
Keith Hamilton, 601 Harwood Road came forward and stated he was available to
answer questions from the Council.
Eric Wilhite, Chief Planner, summarized the item. The applicant, Clifford Land
Company LLP is proposing to subdivide a 5.38 acre tract into an 11 lot garden office
subdivision for the development of an 11 lot professional office park. The individual
office buildings will meet all the architectural design standards required by the zoning
ordinance and are proposed to be brick and cast stone. There will be an access drive
off of Mid Cities Boulevard. Each lot will have its own parking requirement, but the
drives will be shared. The landscaping plan meets all requirements. The Planning &
.
.
.
Zoning Commission met on Thursday, July 20, 2006 and recommended 6-0 to approve
SP 2006-06 with the approval of ordinance change and the dumpster location changes.
COUNCILMAN WHITSON MOVED TO APPROVE SP 2006-06 WITH REVIEW FROM STAFF WHEN
THE DECISION IS MADE ON WHETHER OR NOT DUMPTERS WILL BE USED BEFORE FINAL
APPROVAL BE MADE AND BUILDING PERMITS ISSUED. COUNCILMAN SAPP SECONDED THE
MOTION.
MOTION TO APPROVE CARRIED 7-0.
D.7
FP 2006-06 CONSIDERATION OF A REQUEST FROM CLIFFORD LAND COMPANY
LLP TO APPROVE A FINAL PLAT OF LOTS 1-11, BLOCK 1, PAVILION PARK
ADDITION (LOCATED IN THE 8300 BLOCK OF MID CITIES BLVD.).
APPROVED
Keith Hamilton, 601 Harwood Road came forward and stated he was available to
answer questions from the Council.
Eric Wilhite, Chief Planner, summarized the item. This is the final plat to the previous
item. Again the applicant, Clifford Land Company LLP is proposing to subdivide a 5.38
acre tract into 11 lots for the development of a garden office park. The Planning &
Zoning Commission met on Thursday, July 20, 2006 and recommended approval of FP
2006-06 by a vote of 6-0.
COUNCILMAN TURNAGE MOVED TO APPROVE FP 2006-06. COUNCILMAN WHITSON SECONDED
THE MOTION.
MOTIONTOAPPROVECAR~ED7~.
D.8
GN 2006-069 ORDINANCE ABANDONING AND CLOSING A PORTION OF
CARDINAL LANE AND AUTHORIZING AN AGREEMENT FOR STREET RIGHT OF
WAY AND SIDEWALK EASEMENT AND THE CONVEYANCE OF A PART OF SUCH
ABANDONED RIGHT OF WAY TO AN ADJACENT OWNER - ORDINANCE NO. 2896
APPROVED
John Pitstick, Director of Planning and Development, summarized the item. As a result
of the widening and improvements to Simmons Road and the Final Plat for Lot 1, Block
1, NRH Library Addition a portion of Cardinal Road is needed to be abandoned. The
north portion of the old road is being deeded to Green Scaping to be used as a drive
.
way in exchange for needed right of way for the widening of Simmons Road and a
sidewalk easement from the Green Scaping property. This Ordinance closes this
portion of Cardinal and authorizes the City Manager to enter into an agreement to
exchange property that will allow for the completion of Simmons Road and formal
platting of the Library lot. We would also like to make one change to Ordinance 2896 in
Section 1. It states that the portion of Cardinal Lane described on Exhibit A is hereto
abandoned and closed. We would like to add an effective date of December 1 , 2006.
COUNCILMAN WHITSON MOVED TO APPROVE GN 2006-069 AND ORDINANCE No. 2896 WITH
THE ADDITION TO SECTION 1 FOR AN EFFECTIVE DATE OF DECEMBER 1, 2006. MAYOR PRO
TEM LEWIS SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
D.9
FP 2006-09 CONSIDERATION OF A REQUEST FROM THE CITY OF NORTH
RICHLAND HILLS TO APPROVE A FINAL PLAT OF LOT 1, BLOCK 1, NRH
LIBRARY ADDITION, (LOCATED IN THE 9000 BLOCK OF GRAND AVENUE -
5.4039 ACRES).
APPROVED
.
John Pitstick, Director of Planning and Development, summarized the item. This is the
final plat for the main library for the City of North Richland Hills. This plat also includes
the abandonment of the old Cardinal Lane and dedication of the extension of Simmons
Drive to intersect with Grand Avenue. A small extension of Grand Avenue is also being
dedicated to the northeast which will provide access to HealthMarkets property. The
City of North Richland Hills will be making substantial onsite and offsite public
improvements for the development of the new Library including improvements to
Simmons and Grand Avenue. The Planning & Zoning Commission met on Thursday,
July 20,2006 and recommended approval of FP 2006-09 by a vote of 6-0.
COUNCILMAN BARTH MOVED TO APPROVE FP 2006-09. COUNCILMAN WHITSON SECONDED
THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
PUBLIC WORKS
E.1
PW 2006-028 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH FREESE
.
.
AND NICHOLS, INC. FOR THE UNIDIRECTIONAL FLUSHING PROGRAM
APPROVED
Mike Curtis, Director of Public Works, summarized the item. This project is identified in
the 2005-2006 Capital Projects Budget as the Unidirectional Flushing Program. A
Unidirectional Flushing (UDF) Program is a program aimed to create a proactive system
with a structured methodology for flushing City water mains, which would result in a
higher level of water quality and less wasted water. The program consists of flushing
particular pipe sections in a sequential manner starting from the source of the system
out to the outer boundary limits of the system. The flushing will be done by isolating a
pipe section by closing the appropriate valves and pushing the water in one direction
through the system at a high velocity and out an open fire hydrant. Because of the
newness and uniqueness of UDF programs in this area, there are not a lot of
engineering firms experienced in developing this type of program. City staff contacted
almost 50 engineering firms and found two that expressed an interest. After reviewing
the qualifications from both firms it was determined that Freese and Nichols, Inc. was
one of the industry leaders in this field.
COUNCILMAN WHITSON MOVED TO APPROVE PW 2006-028. COUNCILWOMAN COMPTON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
.
GENERAL ITEMS
F.1
GN 2006-070 APPOINT MEMBERS TO THE YOUTH ADVISORY COMMITTEE
APPROVED
Richard Abernethy, Assistant to the City Manager, summarized the item. The Youth
Advisory Committee (Y AC) By-Laws specify that 10 members are to be appointed for a
two-year term and 6 members are be appointed for a one-year term for a total of 16
members. Currently there are two candidates the Youth Advisory Committee is
recommending to be appointed to the committee. There is also one committee member
whose term has expired. The Youth Advisory Committee recommends appointing the
following new members:
· Dyar Bentz, Richland High School, 1 year-term
· Josh Pherigo, Richland High School, 1 year-term
The Youth Advisory Committee is also recommending the following re-appointment:
· Sarah Shive, Birdville High School, 1 year-term.
. These appointments are in accordance with the Youth Advisory Committee By-Laws.
.
.
.
COUNCILWOMAN COMPTON MOVED TO APPROVE GN 2006-070. COUNCILMAN WHITSON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
F.2
GN 2006-071 SETTING DATE FOR PUBLIC HEARINGS FOR 2006-2007 CITY
BUDGET, PARKS AND RECREATION FACILITIES DEVELOPMENT
CORPORATION AND CRIME CONTROL AND PREVENTION DISTRICT BUDGETS
APPROVED
Drew Corn, .Budget Director, presented the item. It is necessary for City Council to set
public hearings on the proposed 2006-2007 City Budget, proposed projects and
operations of the Park and Recreation Facilities Development Corporation, and the
Crime Control and Prevention District budgets. A published notice will be required for
each public hearing as per the City Charter and State law. Each hearing is set for
August 28, 2006 beginning at 6: 15 p.m. for the Park and Recreation Facilities
Development Corporation, 6:30 p.m. for the Crime Control and Prevention District, and
7:00 p.m. for the City Budget.
COUNCILMAN TURNAGE MOVED TO APPROVE GN 2006-071. COUNCILMAN WHITSON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
F.3
GN 2006-072 SETTING DATES FOR PUBLIC HEARINGS ON PROPOSED TAX
RATE AND RECORD VOTE ON PLACING THE TAX RATE ADOPTION ON THE
AGENDA OF THE SEPTEMBER 11, 2006 COUNCIL MEETING.
APPROVED
Drew Corn, Budget Director presented the item. In follow up to the 2006-2007 Budget
Work Session, it is necessary to begin the notice and public hearing procedures to
establish a tax rate for the next fiscal year in accordance with the City Charter and State
law. At the Work Session, Council consensus was to set the tax rate at 57¢, which is the
same tax rate as the current year. If approved, this will be the 14th consecutive year the
tax rate has been 57¢.
Per Senate Bill 567 of the 79th Texas Legislative Session, if a municipality imposes a tax
rate that exceeds the effective tax rate, the municipality is required to have a record
.
.
.
vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an
action item. The effective tax rate is 56.7969¢ which is lower than the proposed tax rate
of 57¢. As a reminder, the effective tax rate is the rate that would be applied to the July
2006 property tax values that would provide the same amount of revenue as the current
tax year.
State law further requires that a municipality hold two public hearings if the proposed tax
rate exceeds the effective tax rate. The first tax rate public hearing is proposed to be
held at a Special Council Meeting on August 24, 2006 with the second public hearing
proposed for August 28, 2006, a regularly scheduled Council Meeting. State law
requires that a tax rate be adopted no sooner than 3 days after the second public
hearing and no later than 14 days after the second public hearing. It is proposed that
the tax rate be adopted at the September 11, 2006 Council meeting.
COUNCILMAN WELCH MOVED TO APPROVE GN 2006-072. COUNCILMAN SAPP SECONDED THE
MOTION.
MOTION TO APPROVE CARRIED 7-0.
F.4
INFORMATION AND REPORTS - COUNCILMAN BARTH
Councilman Barth made the following announcements.
The City of North Richland Hills is proud to display its first ever Artists at Work
employee art exhibit from August 15tti through August 23rd in the Recreation Center
Assembly Room. For more details, please call 817-427-6614.
As area schools resume, all motorists share the responsibility of making sure students
arrive safely. The City of North Richland Hills reminds drivers to slow down in
neighborhoods where children are walking and waiting for the school bus. Drivers
should also obey school zone speed limits, follow the directions of school crossing
guards, and stop for school buses.
Students in grades 4 to 12 and those in college introduction level classes can visit the
North Richland Hills Library in person or via the internet to get immediate, free help from
qualified tutors in math, science, social studies and English. Just log on to
www.library.nrhtx.com and click on the Live Homework Help link. Live Homework Help
is available 7 days a week from 3 p.m. to 10 p.m.
Kudos Korner - Mary Beth Roberts, Neighborhood Services Department Humane
Division, a NRH resident sent an e-mail thanking Mary Beth for the great job she did in
finding the owners of a lost dog. The resident said Mary Beth was very dedicated and
.
.
.
took time to listen to their concerns. The resident also expressed thanks by making a
donation to the Animal Adoption & Rescue Center.
F.5
ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:56 p.m.
Oscar Trevino - Mayor
ATTEST:
Patricia Hutson - City Secretary
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Inspections
Presented by: Eric Wilhite
Council Meeting Date: 8-28-2006
Agenda NO.B.2
Subject: FP 2006-08 Consideration of a Request From Ahlborn Development Inc. to
Approve a Final Plat of a 27 Lot Single Family Subdivision to be known as Town Walk
Chase Addition (Located in the 8400 Block of Amundson Drive - 7 .172 acres).
Case Summary: The applicant, Pete Edwards/Ahlborn Development Inc., is platting
this 7.172 acre site for the purpose of developing a 27 -lot single family subdivision.
Current Zoning: The property was rezoned to an "RI-PD" Residential Infill Planned
Development from "R-2" Single Family Residential on January 9, 2006 by a 6-1-0 vote
of the City Council.
Thoroughfare Plan: The development has side and rear lots which will be along
Amundson Drive and will have a masonry screening fence along the Right of Way
(ROW). Amundson is a future 4-lane, undivided major collector street with 68 feet
ROW. No additional ROW dedication is required by this plat. Primary access into the
development is being accomplished by developing a local collector serving the
subdivision with a new street intersecting Amundson Drive at the southwesterly and
northeasterly ends of the development.
Comprehensive Plan: The Comprehensive Plan depicts low density residential uses
for this area. The proposed plat is consistent with this depiction.
Staff Review: The Development Review Committee has reviewed the plat and found
it to be in conformance with the Subdivision Ordinance and in compliance with the site
plan requirements as established by the approved RI-PD.
Planning and Zoning Commission recommendation: On August 3, the Planning
and Zoning Commission reviewed this and recommended to approve FP 2006-08
Final Plat. The motion carried 6-0.
Rough Proportionality Determination:. The City's Engineer has determined that the
developer is responsible for the cost totaling approximately $17,370.00 for future off-site
improvements within the Amundson Drive right-of-way.
Recommendation:
FP 2006-08
To uphold the Planning & Zoning Commission and approve
Review Schedule:
Application: 5/8/06
Final Hearing: 8/28/06
Total Review Time: 15 weeks
.
Location Map
.
N
W.E
s
NRH
FP 2006-08
Final Plat
Town Walk Chase Addition
8400 Block of Amundson Dr.
Prepared by Planning 5/10/06
~Feel
o 100 200 400
.
.
Public Works Sign Off Letter
NRH
CITY OF NORTH RICHLAND HILLS
MEMO
TO:
FROM:
Carolyn Huggins, Planning Coordinator
Caroline Waggoner, P.E-, Engineer ASSOciateC 0
RE:
FP 2006-08
Town Walk Chase Addition; Block A, Lots 1-8; Block 8, Lots 1-19: HOA
Lots 1-7
DATE:
August 22, 2006
Public Works has reviewed the Finat Plat submitted to this office on July 26: 2006. We
have the following comments:
.
Final Plat:
On July 26, 2006, the Public Works Department determined that the Final Plat for Town
Walk Chase Addition (FP 2006-08) met the requirements of the Public Works
Department in accordance with Chapter 110 of the City Code.
Public Infrastructure Construction Plans:
On August 21, 2006, the Public Works Department determined that the public
infrastructure construction plans for Town Walk Chase Block AI Lots 1-8 and Block 8,
Lots 1-19 sealed on August 21,20061 met the requirements of the Public Works Design
Man ual.
Rouah Proportionalitv~
The public improvements indicated on the public ;nfrastructure construction plans are
required for the development of the Town Walk Chase Subdivision as proposed.
Therefore. the developer will be required to assume 1 OOO~ of the amount required for
such jnfrastructure improvements. In addition, the developer is responsible for future
off-site paving improvements within the Amundson Drive right-of-way. The total cost of
said future off-site improvements is $17,370.00. Such amount is roughly proportionate
to the proposed Town Walk Chase development.
The above determination of proportionality is made pursuant to Section 212.904, Texas
Loca' Government Code by the undersigned professional engineer in the employ of the
City of North Richland Hilts, licensed by the State of Texas.
{þ~ Aj~~rL__
CLW/pwm2006-172
.
.
.
.
Excerpt from August 3,2006 P&Z Minutes
FP 2006-08
CONSIDERATION OF A REQUEST FROM PETE EDWARDS TO APPROVE A FINAL
PLAT OF LOTS 1-8, BLOCK A, AND LOTS 1-19, BLOCK B, AND HOA, LOTS 1-7,
TOWN WALK CHASE (LOCATED IN THE 8400 BLOCK OF AMUNDSON DR. -7.1
ACRES).
APPROVED
Eric Wilhite presented FP 2006-08. Mr. Wilhite stated that this is a final plat located in
the 8400 Block of Amundson Drive. This will be a subdivision named Town Walk Chase
with 27 residential lots on 7.1 acres. The current zoning is RI-PD, residential infill. It
meets all subdivision regulations and Staff recommends approval.
Tre Dibrell, 3D Consultants, Arlington, Texas, came forward representing Mr. Edwards.
Chairman Shiflet asked Mr. Dibrell about HOA Lot 5. Mr. Dibrell provided a detailed
exhibit that answered his question. Mr. Schopper asked about Lot 1, Block Ä. It
seemed too small to support a residence. Mr. Dibrell explained that changing the
orientation of the house on this lot would make it possible. Chairman Shiflet agreed,
stating that a two-story house would greatly increase the possibilities.
Mike Benton, seconded by Don Bowen, motioned to approve FP 2006-08. The
motion carried unanimously (4-0).
·
Fi nal Plat
·
",""0"" '" -. _. '-"'\;. ,..... ./
.:.,..~
,,~
~... -= :~~~':/;: ':.-...::.:.7....:: -:;::;::..;:-
,,__, t'oO "_'_"'''''''",",,'''~'' "'....._ ~...'.
I'" 'VJ',.!IO:,.I_'(.. .¡¡·,'1.-":I'~n:,·.l."" ,,,,.,. ,.I...".... '" t.. ·,.t..."
~;.~:,:~fI:,~'~~\ '.~ ~~:.t~ ~7..:J '~~;:~~.l~::...~.
...,..............
ISE1.;... ¡I
:-.:; ~....::~ ~.~..~~'-;::::. ':.''':'"...~,,''', ,
-.11\.... ,... ''', ~~..~#.:..... '......~. "'..........<1 '.. ~~..* ..... '."...._..
.... ,. - . "... ..J ...._ :,.. ...,.. .......... ,,_,
.....~.' <~_. .... ;.__,1....._'"
"'- ;..~...~, ..~~";'';'- i'~...¿ .<" .~.
*../,.1....,....
11'_ .,t
"
TO'I.'f\I ADOI J;ON
UI_(;(:K A. LOTS 1---!'I BLOCK l( LO TS' t 9
HOM£O\\" (R'S "''j~nClA nON (HO....;. LOTS 1- J
·
.
Residential Infill Planned Development (RI-PD) Site Plan
Approved by City Council on January 9, 2006
Y.ALPON HOl~ Y
.~, ;/ t3::~-
~';' /#1-~. ... \-
s -i-/ ~( :::LLr-
_IL
"
NO'E
OR'Vf.WAYS CONCEPTS ARr fOR EXAMPLE
PARK 9EN_CH
.
.
·
CITY OF
NORTH RICHLAND HILLS
Department: Fire
Presented by: A Jones! L Koonce
Council Meeting Date: 8-28-2006
Agenda No. B.3
Subject: PU 2006-052 Consideration ot a Contract with Air Cleaning Technologies, Inc.
for Plymovent Vehicle Exhaust Extraction Systems at Stations No.2 & No.3 - Resolution
No. 2006-072
The Fire Department applied for a Fiscal Year 2005 Assistance to Firefighters Grant
(FIRE Act Grant) for firefighter health and safety initiatives. The grant request was for
the Plymovent vehicle exhaust extraction systems for Fire Stations No.2 & No.3, in
order to provide for firefighter health and safety and at the same time maintain
compatibility with equipment already in place. Diesel exhaust fumes have been shown
to contain carcinogens in both gaseous and particulate forms. This firefighter health
initiative removes the harmful diesel fumes using source capture hoses attached to the
vehicle's exhaust pipe. Plymovent exhaust extraction systems have already been
installed in new Fire Stations No.1 & NO.4 as a part of their construction. Further, all of
the front line and most of the reserve fire department apparatus exhaust pipes have
been modified and retrofitted with the Plymovent exhaust pipe receiver flanges
compatible with that system's extraction nozzles.
·
Fire Department Staff reviewed a number of different vehicle exhaust extraction
systems manufactured by different companies when developing the specifications for
systems for the NRH fire stations. Companies considered included Blaschke,
MagneGrip, Nederman MagnaTrack, and Plymovent. The companies and their systems
were evaluated based on dependability, length of time in business, ease of use,
availability of service and parts, and overall cost. The Plymovent system was chosen
based on these factors and with feedback from other fire departments on their
experiences with these and other companies' systems. Each of the manufacturers uses
a proprietary nozzle and exhaust pipe receiver assembly that is unique to their system
and that are not interchangeable with other companies' system components. The
Plymovent system is Underwriters Laboratory (UL) listed and International Standards
Organization (ISO) 9001 certified. Plymovent also has a patent pending on their hose,
nozzle and receiver assembly. Air Cleaning Technologies, out of Broken Arrow,
Oklahoma, is the sole certified dealer tor the Plymovent exhaust extraction systems in
the State of Texas, Arkansas and Oklahoma. These criteria qualify them as a sole
source provider.
Air Cleaning Technologies will hold the March, 2005 FEMA Grant pricing of $154,958, in
spite of cost increases that would raise the cost of the same system to $173,888, if
quoted today. The grant request was approved in the amount of $124,002, with the
City's share being $31,000, for a total of $155,002. The project can be completed for
$154,958, just under the authorized grant amount. In accordance with the grant
requirements, the project must be completed by October 20, 2006.
·
.
.
.
An evaluation team comprised of Assistant City Manager Richard Torres, Director of
Finance Larry Koonce, Fire Chief Andy Jones, Interim Purchasing Agent Toni Van
Hooser, and City Attorney George Staples met to consider this purchase. All of the
team members concurred that all state purchasing laws and City policies have been met
and that a good price for the project has been negotiated. The City Attorney has
assured staff that determining this as a sole source and with Council approval of this
purchase is within the State law purchasing requirements.
Funds have been identified from a completed Public Safety project that can be used to
fund the City's share of the exhaust extraction system project. The Opticom System
Upgrades, Phase II project was completed and has an unexpended balance sufficient to
cover the City's $30,956 share of the exhaust extraction system project in accordance
with the FIRE Act grant parameters. It is recommended that the Opticom project
savings be used to fund the City's share of the exhaust extraction system project.
As stated previously, the Plymovent system is the same equipment that was used in the
new Fire Stations No.1 & No.4. Using this system at Fire Stations No.2 & No.3 will
ensure that standardized equipment will be used throughout all our Fire Stations and
apparatus, and continuity of operations will be met by facilitating the moving of
apparatus between all four fire stations as needed.
Recommendation:
Approve Resolution No. 2006-072 authorizing the City Manager to enter into an
agreement with Air Cleaning Technologies, Inc. for a total cost of $154,958.
.
,P~YMOVENT~
~75'Raritsn Center Parkway
E<ilson. New Jersey 08837
132-417~0808 Fax 732-417-1818
Mav 19, '2004
:;M.onty Duncan
·ÂIr. Cleaning Technologies
"'1-300 West Detroit
, Broken Årraw OK 74012
. Over the past 15 years PlymoVent has built and established an extensive certified
oetwork of dealers throughout North America
'It'is PlyinoVent's policy, to certify all of its dealers. Each PlymoVent Dealer must be
:l8pr,esented in attendance at a training class at least once every 24 months for
: reçertification .
.
'PlymoVent provides its UL listed. 150-9001 certified product through our sole certified
.dealèr Air Cleaning Technologies of Broken Arrow OK tor the following States
:Äfkansås, Oklahoma, & Texas. There are no other dealers authorized to sell the
'RJymoVent product in the above mentioned area.
Ji1 'closipg, if you wish to contact me to discuss this topic further, please feel free to call
~m~' at (800) 844-0911 .
,Ste"en'C Cannalla"
·Nåtionål.Sales Manager
P\ymoVent
.
.
RESOLUTION NO. 2006-072
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH AIR CLEANING TECHNOLOGIES,
INC. FOR PL YMOVENT VEHICLE EXHAUST EXTRACTION
SYSTEMS AT FIRE STATIONS NO.2 AND NO.3
WHEREAS, diesel exhaust fumes have been shown to contain carcinogens in both
gaseous and particulate forms, and is harmful to the health of those
persons who are exposed to it on a regular basis;
WHEREAS, the City of North Richland Hills received a Fiscal Year 2005 Assistance
to Firefighters Grant (FIRE Act Grant) in the amount of $ 124,002 for
firefighter health and safety initiatives for the provision of Plymovent
vehicle exhaust extraction systems for Fire Stations No.2 & No.3;
WHEREAS, North Richland Hills Fire Stations No.1 & No.4 already have Plymovent
exhaust extractions systems installed and all front line fire apparatus
have been retrofitted with exhaust pipe receiver flanges compatible with
the Plymovent system;
.
WHEREAS, the North Richland Hills Fire Department desires to maintain operational
continuity by using compatible exhaust extraction equipment in all of its
fire stations and on all of its apparatus; and
WHEREAS, the City of North Richland Hills desires to help provide this firefighter
health and safety initiative by funding their share of the cost of the
project in accordance with the FIRE Act grant requirements.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
RICHlAND HillS, TEXAS:
SECTION 1. THAT the City Manager is hereby authorized to sign an agreement with
Air Cleaning Technologies to install the Plymovent systems in Fire
Stations No.2 & No.3, in the amount of $154,958 the cost of which to be
broken down as follows:
FIRE Act Grant share; $124,002
City of North Richland Hills share; $ 30,956
PASSED AND APPROVED this the 28th day of August, 2006.
ATTEST:
CITY OF NORTH RICH lAND HillS:
.
Patricia Hutson, City Secretary
Oscar Trevino, Mayor
.
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Richard Torres, Assistant City Manager
.
.
CITY OF
NORTH RICHLAND HILLS
.
Department: City Secretary
Presented by:
Council Meeting Date: 8-28-2006
Agenda No.C.O
Subject: PUBLIC HEARINGS
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Budget
Presented by: Drew Corn
Council Meeting Date: 8-28-2006
Agenda No.C.1
Subject: GN 2006-074 Conduct Public Hearing on Proposed Tax Rate
Senate Bills 18 and 567 that were passed during the regular 79th Session of the Texas
Legislature made several changes to the way the tax rate must be adopted. One of the
changes is the requirement to hold two public hearings on the proposed property tax
rate if the proposed rate exceeds the effective tax rate.
Because the proposed rate of 57¢ is higher than the effective tax rate of 56.7969¢, we
must hold two public hearings. Tonight's hearing is the second of the two required
hearings. The first required public hearing was held on August 24, 2006. Senate Bills
18 and 567 also have very specific requirements on how to publish notice of the public
hearings. Notice of the public hearings was duly posted in the Northeast Section of the
Fort Worth Star-Telegram on August 17, 2006 per state law. Senate Bills 18 and 567
also require us to phrase the notice of public hearing on the tax rate as a "tax increase"
because the proposed tax rate is above the effective tax rate. As you may remember,
the effective tax rate is basically the property tax rate necessary to produce the same
amount of property tax revenues as the prior year.
.
The tax rate is scheduled to be adopted on September 11, 2006 during the regular 7:00
pm City Council meeting. The proposed tax rate for Fiscal Year 2006-2007 is 57¢, If
adopted, this will be the 14th consecutive year the City has maintained a 57¢ tax rate,
Individual taxpayers' property taxes may decrease, increase or stay the same
depending on the appraised value of their property. Senior and disabled property
owners who have a tax ceiling (even if their property values have increased) will pay the
same amount of property tax as the previous year.
The City of North Richland Hills is proud of the progress we have made while
demonstrating sound financial management of our Citizen's tax dollars.
Recommendation:
To open the public hearing, receive public comments on the proposed 57¢ tax rate,
announce September 11, 2006 as the date of the tax rate adoption, and close public
hearing. No action is required at this hearing as this is held solely for the purpose of
receiving comments. As stated, action on the tax rate is proposed for the September 11
Council meeting.
.
CITY OF
NORTH RICHLAND HILLS
.
Department: Budget
Presented by: Drew Corn
Council Meeting Date: 8-28-2006
Agenda No.C.2
Subject: GN 2006-075 Conduct Public Hearing on Proposed 2006-2007 Budget
The budget work session to review the proposed 2006-2007 budget was held August 4-
5, 2006. At the work session, City Council reviewed the budgets for all operating funds,
capital project funds, and the budgets for the Crime Control & Prevention District and
the Park & Recreation Facilities Development Corporation. Subsequent to the work
session, the changes City Council requested have been included in the 2005-2006
Revised Budget and in the 2006-2007 Proposed Budget.
The notice of public hearing was published in the Star Telegram newspaper in
accordance with State law and the City's Charter. The public hearing for the 2006-2007
Annual Budget was advertised to be held during the regular 7:00 p.m. City Council
meeting, August 28, 2006.
.
At the August 4-5,2006 budget work session, the Crime Control District Board reviewed
the proposed 2006-2007 Crime Control & Prevention District Budget in the amount of
$4,623,240. The CCD Board will conduct a public hearing on August 28, 2006, at 6:30
p.m. in the Council Chambers, and make its formal recommendation on the proposed
budget.
A Parks and Recreation Facilities Development Board meeting was held on August 24,
2006 at 6:00 p.m. so that the Board could review the operating and capital projects
budgets for the Corporation. The Board will conduct a public hearing on these budgets
at 6: 15 p.m., August 28, 2006 and make its formal recommendation to Council on the
proposed operating and capital budgets.
The 2006-2007 Proposed Annual Operating Budgets for all operating funds are as
follows:
General Fund
Debt Service Fund
Parks & Recreation Fund
Crime Control District
Promotional Fund
Donations Fund
Special Investigation Fund
Drainage Utility Fund
Gas Development Fund
Utility Fund
Aquatic Park Fund
Golf Course Fund
$34,569,836
8,765,524
4,309,648
4,623,240
216,262
166,617
396,281
707,186
447,250
22,672,516
3,930,396
2,424,460
.
.
The Proposed Capital Improvements Budget totals $30,252,692. The breakdown
between funds is as follows:
Street & Sidewalk Projects
Drainage Projects
Utility Projects
Parks & Recreation Projects
Aquatic Park Projects
Municipal Facility Projects
Major Capital Equipment
Economic Development Projects
CIP Personnel
$10,481,508
345,000
2,975,000
1 ,964,889
912,000
7,001,602
2,018,100
3,410,000
1 ,144,593
The 2006-2007 Proposed Budget is based on continuing the 57¢ tax rate for the 14th
year. The notice of public hearing has been published in accordance with the City
Charter requirements and State law. The proposed budget document was filed with the
City Secretary and at the City Library for public viewing on July 31, 2006. It will be
recommended for adoption at the September 11 Council meeting.
.
Prior to the Budget hearing, Drew Corn, Budget & Research Director, will provide an
overview and highlights of the proposed budgets for next year.
Recommendation:
To open the public hearing, receive public comments for the Proposed 2006-2007
Budgets for both operations and capital projects, and close public hearing. No action is
required at this hearing as this is held solely for the purpose of receiving comments. As
stated, adoption is proposed for the September 11 Council meeting.
.
.
.
.
August 28, 2006
The Honorable Mayor and Members of the City Council
City of North Richland Hills
North Richland Hills, Texas
As we prepare for Fiscal Year 2006/2007, I am pleased to report that we will continue to
provide quality services to our citizens, customers and community partners. The City of
North Richland Hills has achieved many accomplishments over the last year, and
services to citizens continue to set the standard for our neighboring communities.
In late 2005, the City hired the University of North Texas research team to conduct a
citizen's survey to determine where we were succeeding and where we needed to
improve service delivery. The survey gave us high marks across the board indicating
we were continuing to provide the excellent municipal services that our citizens desire.
Ninety percent (90%) of residents rated the quality of life in North Richland Hills as
excellent or good and ninety two (920/0) percent would recommend North Richland Hills
to a friend or family member as a good place to live. This is further validated as a
tremendous community with extraordinary quality as North Richland Hills has been
named one of the 100 Best Places to Live in the United States, by Monev Magazine,
North Richland Hills is the only city in Tarrant County to make the list. The magazine
considered more than 740 cities in its search for the country's best places. Cities
making the list had the best possible blend of good jobs, low crime, quality schools,
plenty of open space, affordable home prices and lots to do.
Providing quality services does not happen by itself. The beliefs and feelings our
citizens have expressed as well as the independent magazine findings have culminated
from planning, citizens collaboration, strong progressive elected leadership and
teamwork from citizens involvement with elected and appointed officials. As we begin
looking to next fiscal year, the budget becomes the plan to assist us in achieving the
goals Council has set to continue its mission of a quality and effective planning for North
Richland Hills to strive to be the City of Choice to Live, Work, and Play. We are proud
of these accomplishments and will continue in the coming fiscal year to provide the
highest standard of service, and to successfully implement the City Council Goals and
Objectives with the available resources.
Preparing the proposed budget for Fiscal Year 2006/2007 has been challenging,
Although the local economy has begun to improve, funds will again be tight in the
coming fiscal year. Our retail sector is making a slow recovery. Sales tax numbers
have been making progress this fiscal year, but have not recovered to the levels of
Fiscal Year 2000/2001 and prior, The increase in the cost for fuel, building materials,
utilities and petroleum based products has also impacted the proposed budget. As
done in the last few years, the State Legislature has proposed changes to school
finance, property taxes, sales tax and utility franchises that continue to cast a cloud of
uncertainty over future budget planning.
.
Our City maintains a strong property tax base, healthy reserves, innovative leadership,
strong community partnerships, healthy residential construction and excellent City
services. Over the last year we have seen many promising development projects
commence such as the Venue at Home Town, the North Hills Hospital Expansion, and
the Medical Center at Calloway Creek, the relocation of the corporate headquarters of
History Maker Homes to North Richland Hills, and Natural Gas Development within our
community. We also anticipate construction of the new library to begin in late 2006 and
open to the public in late 2007 or early 2008.
The next fiscal year will be demanding from a financial perspective and will result in
some revisions to our long-term plans. However, as always, we are optimistic about the
future, thanks mostly to the visionary leadership of our Mayor and City Council and their
strategic Goals and Objectives. We are confident we can continue to provide award
winning programs and excellent services, as well as some service enhancements with
the resources we have available. To ensure this task is complete the City will enlist the
help of our community partners which consist of: citizens, businesses, volunteers,
neighborhoods, the county, our school districts, neighboring cities, as well as our loyal
and dedicated employees. There are many opportunities on the horizon, By working
together with our community partners, we can take advantage of these opportunities
and help build a vibrant community.
.
City Council Goals and Plannina
On a bi-annual basis, the North Richland Hills City Council holds a worksession to set
goals and objectives for the City. The goals established by the City Council provide a
clear vision for the future of North Richland Hills and ensure that all members of the
organization are working toward the same objectives. The goals are used to establish
programs and policies, and also serve as a guide for developing the City's budget. In
January of 2005 the City Council established a set of goals for the City around six
priorities: safety and security, positive City image, quality community development and
revitalization, financial stability, quality of life and an efficient and effective transportation
system. All plans and projects for the coming year have been evaluated and prioritized
based on meeting these goals. This is especially important, given our limited resources.
1. SAFETY AND SECURITY - The City of North Richland Hills strives to be the
safest community in Tarrant County and to be prepared for potential natural
and man made disasters. Priority is placed on providing effective Police, Fire
and Emergency Medical Services and maintaining quick response times for
emergencies. The City will equip public safety employees with the tools they
need to be effective, including state of the art public safety communications.
The City will also work to improve its Property Protection Classification Rating
from the Insurance Service Organization, in an effort to lower property
insurance rates for residents and businesses. Efforts will also be made to
enhance citizen education of our public safety programs.
.
2
.
2. PRESERVE POSITIVE CITY IMAGE - The City of North Richland Hills is the
City of Choice for families to live, work and play. The City Council is
committed to maintaining a positive City image and reputation for being a
great community. Priority will be placed on communicating clearly and
effectively with the public and focusing on the City's successes through
enhanced public information initiatives. The City will also construct new public
facilities, including a new library and recreation center, to replace older
facilities that have been outgrown.
3. QUALITY COMMUNITY DEVELOPMENT AND REVITALIZATION - The
City Council recognizes that a strong economic environment is essential for
the community's long-term health. The City will work to promote local
economic growth, retain and attract quality businesses and support business
development. A focus will be placed on: completing and implementing the
South Grapevine Highway Study and Loop 820 Corridor Study; expediting the
re-development of North Hills Mall; and creating a commuter Rail Station
Development Plan. The City will also develop a strategy for building out the
remaining vacant land in our community, while improving the quality of older
neighborhoods and infrastructure.
.
4. FINANCIAL STABILITY-The City Council is committed to getting the best
value for taxpayer dollars, and to ensure that we have the financial resources
available to invest in community priorities. To ensure long-term financial
stability, efforts will be made to maximize grant funding, maintain a General
Fund cash reserve policy, continue to pay-as-you go where possible, and to
update the City's long-range financial plan. The City strives to maintain a AA
bond rating or better and is committed to holding the line on the current
property tax rate.
5. QUALITY OF LlFE- To ensure that North Richland Hills remains a great City
we will continue providing quality services that support the active lifestyles of
our residents. This includes maintaining our Parks & Recreation Programs at
the current high level, maintaining the Cultural Arts Program, expanding the
Public Art Program, completing construction of the 19-mile hike and bike trail
system, and implementing the recently completed NRH20 Strategic Master
Plan. It will be a priority to continue to improve our highly recognized library
and keep our municipal golf course as a favorite for our residents and visitors.
The City will also look for ways to develop and maintain a sense of
community, and to encourage volunteerism among employees and residents
through the continuation of programs such as the Neighborhood Initiative
Program.
.
6. EFFICIENT EFFECTIVE TRANSPORTATION SYSTEM - North Richland
Hills strives to provide improved traffic flow and mass transit opportunities for
our growing community. Focus will be given to local transportation projects,
such as the reconstruction and widening of Loop 820, as well as maintaining
3
.
a leadership role on regional transportation initiatives and regional rail issues.
A high priority will be given to traffic signal timing, the construction and
reconstruction of roadways as well as the continued maintenance of our local
streets.
As a supplement to these Goals, the City Council has established a set of core
organizational values and assigned a specific meaning to each value to inspire City
employees to strive toward excellence in the provision of services to our citizens. These
core values are:
RESPECT
· Treating others in a courteous, fair and equitable manner
· Valuing differences: points of view, style
· Honoring the organization's chain of command
· Acknowledging successes and the contribution of others
· Following up with feedback
.
SERVICE
· Providing services to our community and others
· Solving problems
· Helping the customer to understand
· Sensitive to the needs and feelings of others
· Taking action, providing a timely response
PRODUCTIVITY
· Producing results, completing projects - on time, at or under budget
· Planning work activities to achieve goals
· Meeting or exceeding job standards and expectations
· Look for ways to be more productive while being cost effective
INTEGRITY
· Honest communication
· Being trustworthy
· Following through on commitments
· Acting with high professional, moral, and ethical standards
· Supporting the City of North Richland Hills - goals, values and decisions
e
RESPONSIBiliTY
· Being knowledgeable and skilled in job
· Holding each other accountable for actions and results
· Being loyal and taking ownership in the City goals, values, services and
departmental work program
· Taking pride in work
· Willingness to take command and initiative when appropriate
4
.
INNOVATION
· Looking for better ways to do job
· Willingness to learn
· Being open to new ideas, new approaches
· Willingness to take reasonable risks
· Thinking creatively and evaluating options
TEAMWORK
· Participating and involving others in team efforts
· Listening and understanding other viewpoints
· Willingness to cooperate with others and share resources
· Fulfilling defined roles and responsibilities
· Work and resolve differences and disagreements
.
The Core Values program has been in place for more than four (4) years, and our
employees continue to embrace it by exhibiting these values on a daily basis. The
acronym RSPIRIT has become synonymous with the dedication that our employees
have to serving the citizens of our community. On a personal level, this dedication to
the City's Core Values is best illustrated by our past Employee of the Year recipients:
Donna Carpenter, Building Maintenance Worker, Wayne Goodman, Police Detective
and Gary Bechtold, Parks Superintendent. From an organizational perspective this
dedication to the City's Core Values is evident when reviewing the recent positive
results of the citizen satisfaction survey. Bottom line, our employees are the reason we
achieve excellence with the delivery of services that helps us build a vibrant community,
Accomplishments: Accountabilitv to Citizens
The City Council and employees have worked diligently with our community partners
during the past year to implement strategies necessary to turn the City Council's goals
into reality. The following are highlights of the many accomplishments we have
achieved:
Safety and Security
1. Fire Stations No. 1 and No.4 were completed and are now operational. The new
stations will improve Fire Department response times throughout the City, and
better prepare us for future growth and build out. In addition, Fire Stations No.2
and No. 3 were expanded to accommodate more fire personnel and to meet our
growing emergency medical services needs.
2. In the 2005 Citizen Survey, 97.7% of respondents rated the Fire Department's
services as excellent or good and 88.5% rated our Police Services as excellent
or good.
.
5
.
3. The Police Department established the Lock- Take-Hide signage program which
involves local businesses posting the signs at their establishments in an effort to
reduce crime such as burglary of vehicles and auto theft.
4. A total of 49 active Neighborhood Crime Watch programs are now established in
the City. Community Services personnel continue to promote the crime watch
program.
5. The City, working with neighboring communities, purchased the CodeRED
Emergency Notification System. Using the phone lines, the system will help get
critical emergency information to citizens in a quick and timely manner.
6. The new Fire Training Facility and Burn Lab is under construction and should be
complete by the end of the year. This facility will provide our Fire Department
with the top of line training in-house and will also set the standard for Fire
Training in Northeast Tarrant County.
.
7. In June 2006, the Police Department, working with Municipal Court, replaced and
upgraded the AutoCITE handheld ticket writing machines. The new smaller,
lighter units have the same citation writing ability, but they also have enhanced
technology that allows the officers to perform their jobs more efficiently and
effectively. Some of the features include color displays, built in digital cameras,
bar code readers and voice recorders. The Police Department is the first agency
in the country to begin using the upgraded version of AutoCITE.
Preserve Positive City Image
1. Ninety percent of residents rated the quality of life in North Richland Hills as
excellent or good and 92% would recommend North Richland Hills to a friend or
family member as a good place to live.
2. The Neighborhood Services Department, and their community volunteers,
received the United States Conference of Mayor's City Livability Award in June
2005 for the Neighborhood Initiatives Program (NIP). They were also invited to
speak on the NIP at The Innovations Group's Transforming Local Government
Conference in Dayton Ohio in June 2006.
3. Iron Horse Golf Course was named the best Public Golf Course by the Best of
Tarrant County in 2006. The Best of Tarrant County is published annually in the
Fort Worth Star-Telegram.
4. The Library achieved the highest score among Texas libraries in the 50,000 to
100,000 population group in the 2005 Hennen's American Public Library
Rankings.
.
6
.
5. The redesign of the City's website was completed. The improvements were
based on input from all City Departments, as well as comments and suggestions
received from Web site users. New sections added to the Web site include
Online Utility Payments, the history of North Richland Hills, Awards and
Recognitions, Capital Projects, Volunteer Opportunities and information for New
Residents. The website has helped us to maintain a positive City Image and
community effectively with the public.
Quality Community Development and Revitalization
1, The City, in partnership with Richland Hills, completed both the South Grapevine
Highway Corridor/Branding Study and the Loop 820 Corridor Study was also
completed. Implementation has commenced on both studies recommendations.
2. The City Council renamed Industrial Blvd. to Iron Horse Blvd. and renamed
Grapevine Highway to Boulevard 26. The renaming was recommended by the
corridor studies to create new images and better identification of the corridors
they represent.
3. In 2005, 412 permits for new single family homes were issued for a total value of
$72.8 million. The number of permits was higher than our neighboring
communities.
.
4. In November 2005, the City passed an ordinance regulating the development of
Natural Gas. The ordinance strikes a fine balance between both public and
private interests and ensures the safety and health of our citizens. Considerable
efforts were made to also ensure the aesthetics of the neighborhood where such
wells are to be drilled and would also be preserved through screening,
landscaping, and perpetual maintenance of the well sites.
5. The trade school ATI, located at the North Richland Hills Village Center, recently
expanded in order to offer auto mechanic courses. This expansion will only
contribute more to the already successful Tax Increment Reinvestment Zone #1.
Financial Stability
1. In November, 2005 the City refunded $9,930,000 in General Obligation Debt to
obtain a lower interest rate. The refund is estimated to save the City $620,000 in
interest expenses over a 16-year period with the largest annual savings
($52,000) occurring in FY 2007.
2. The Budget and Research Department received the Distinguished Budget
Presentation Award from the Government Finance Officer's Association for the
FY 2005/2006 Budget for the 15th year in a row.
.
7
.
3. In January 2006, the Information Services Department and the City Secretary's
Office teamed up and successfully implemented the electronic agenda system for
City Council Meetings. The new system will make our agenda process more
efficient by eliminating the use of paper and reducing staff time.
4. Both Moody's Investors Service and Standard & Poor's reaffirmed the City's
credit rating, after thoroughly reviewing the City's financial status. North Richland
Hills' credit rating from Moody's is Aa3 and the rating from Standard and Poor's
is AA-. The City of North Richland Hills' credit rating is in the top 10 percent in
the nation and the top 2 percent for cities in the state.
5. In June 2006, the City Council adopted a policy on the use of natural gas
revenues. The policy establishes sound guidelines on how to spend these funds
and safe guards the City from not becoming over-reliant on these revenues since
many are one time receipts or will decrease as time progresses. In May of 2006,
the City successfully leased minerals at four park properties for Natural Gas
Development. These leases will generate revenues to help fund services in the
future.
.
6. The Finance Department received the Certificate of Achievement for Excellence
in Financial Reporting from the Government Finance Officer's Association for the
2004 Comprehensive Annual Financial Report. The City has now received the
award for the 22nd consecutive year.
Quality of Life
1. The City began the design phase of the new library and construction will soon
begin. It is anticipated the new library will be completed and open to the public
in late 2007 or early 2008.
2. In March 2006 the Walker's Creek Trail opened adding to the growing hike and
bike trail system
3. In June 2006 North Richland Hills' opened its first dog park, Tipps Canine Hollow
at Northfield Park. This park has set the standard for dog parks in our region.
4. In January 2006, the City awarded bids to construct two new neighborhood
parks and reconstruct one existing park (Norich). The new parks will expand our
park system and provide more amenities to our citizens.
5. In June 2006, NRH20 completed two key enhancements to the park including an
upgrade of attractions in the Children's Area and the addition of a catering
building and group pavilions. The catering building and group pavilions will help
capitalize on group sales. Overall these enhancements will help us generate
new business for the park in the coming years.
.
8
.
6. In February 2006 utility customers received access to online/telephone services
to receive account information or to make a payment 24 hours a day.
Customers can also sign up to receive email notification that their bill(s) is
available for viewing or for payment.
Efficient and Effective Transportation System
1. The Public Works Construction Division implemented a post-project program to
allow homeowners to rate the performance of the Construction Division in such
categories as communication and professionalism. On a 5 point scale, the
division averaged a 4.7 rating from homeowners.
2. The Public Works Department overlaid six (6) lane miles of streets with two (2)
inches of hot-mix asphalt overlay, applied slurry seal to almost seven (7) lane
miles of streets, and crack sealed ten (10) center line miles through the
Preventive Street Maintenance Program.
3. Five major street improvement projects from the 2003 Bond Program were
completed in the last year including the Rufe Snow/Bursey Traffic Signalization
Project, the Smithfield Road Improvement and Extension Project, Lola Drive
Street Improvement Project (Davis Blvd to Scott Dr.) the Bursey Road Extension
and the Traffic Signal Light at Shadywood Road and Davis Boulevard.
.
4. The Traffic Signal and Communication Upgrades Project will be completed in
August 2006. Thirty-nine (39) intersections will have the ability to communicate
with the Public Works Department and will have new timing plans so they are
synchronized together during peak traffic demand periods. This will improve
traffic flow, reduce fuel consumption and motorist delay at the signalized
intersections that are part of the system (Boulevard 26, Davis Boulevard, Mid-
Cities Boulevard).
5. The Public Works Department recently received a Congestion Mitigation Air
Quality Grant through the North Central Texas Council of Governments. The
grant will be used to continue the Traffic Signal and Communications Upgrades
project for 17 intersections on Rufe Snow Drive, Glenview Drive and Holiday
Lane. Currently the project is in the design phase. The project will improve
traffic flow, reduce fuel consumption and motorist delay at the signalized
intersections on these major roadways.
6. The design phase for North Tarrant Parkway (Davis Boulevard to Whitley Road)
Expansion Project is now underway. Construction is scheduled to begin in July
2008 and be complete by July 2010. Once complete, North Tarrant Parkway will
be a six lane thoroughfare through our entire City, providing another major east-
west arterial for our citizens. The expansion will improve traffic flow and create
economic development opportunities along that corridor.
.
9
.
.
.
These are just a few of the City's accomplishments over the last year. The City is
fortunate to have a City Council with the vision to plan for the future, good community
partners, and a staff that is dedicated to meet and exceed the expectation of the City
Council.
Fund Overviews
Before moving into the details of the revised and proposed budgets, we feel it is
important to give an overview of the types of funds used in planning and accounting for
our annual program of work so that both our City Council Members and our citizens of
North Richland Hills are fully informed. This should create a clearer understanding of
the budget as it is reviewed.
General Fund
The General Fund is the principal fund of the City and is used to account for resources
associated with core government services, or traditional municipal services such as
public safety, streets, library services, code compliance, and building inspections. This
is also the largest Fund in the budget.
Special Revenue Funds
Special Revenue Funds are used to account for the proceeds of specific revenue
sources that are restricted to expenditures for specified purposes. Special Revenue
Funds include: the Crime Control & Prevention District Fund, the Promotional Fund, the
Donations Fund, the Special Investigation Fund, the Drainage Utility Fund, the Parks &
Recreation Facility Development Fund and the new Gas Development Fund.
Enterprise Fund
Enterprise Funds account for services that are funded directly through user fees. They
are financed and operated similar to a private business, in that the costs of providing
goods and services are self-supporting. These funds include the Utility Fund, the Golf
Course Fund and the Aquatic Park Fund.
Internal Service Funds
The Internal Service Funds are used to account for the financing of materials and
services provided by one department to other departments on a cost-reimbursement
basis. Internal Service Funds are designed to clearly delineate the costs associated with
these services. These funds include: the Building Services Fund, the Equipment
Services Fund, the Self Insurance Fund and the Information Services Fund.
10
.
.
.
As part of the regular annual budget process, some areas of the 2005/2006 budget
require revision from the originally adopted level. Projecting revenues becomes difficult
at times when the economy is slowly returning and construction projects' times are not
always known. Unusual situations also occur with expenses projected almost 18
months back and necessitate the adjustments to reflect the current estimates to
complete the fiscal year. One of the changes you will notice between the adopted
budget and revised budget is the Appropriation of Fund Balance for prior year
encumbrances in the revised revenues. This is generally for incomplete purchases or
contracts that were obligated in 2004/2005, as approved by Council, but actually
purchased, paid for and completed in fiscal year 2005/2006. The most noteworthy
budget revisions are explained in the following narrative.
Good news has occurred in the 2005/2006 fiscal year. Unexpected revenues have
developed and expenses are staying at or below projected levels for the year. General
Fund revenues have been revised upward from the adopted level by about $948,332, a
2.9% increase. This increase is the net effect of both some revenues being revised
downward, as well as some being revised up. Below is a discussion of the revenue
adjustments. In addition, there were appropriations for a legal settlement of $650,000,
Insurance Fund reserve payment of $103,800 and prior year encumbrances of
$462,654 included in total revenues of $34,906,973. The legal settlement and the
Insurance Fund reserve payment were included in the 2005/2006 adopted budget and
the amounts are unchanged.
Electric franchise fees have been increased by $194,033 due to a recent settlement
agreement with TXU Electric Delivery. There was also a minor decrease to Utility Fund
franchise fees and a minor increase to Payment in Lieu of Taxes. The net effect of
these three adjustments to the taxes category of revenues is an increase of $273,530 or
1.20/0. Fines and forfeitures have been revised upward approximately $124,000. This is
due mainly to an increase in court fine and warrant fee collections as a result of an
increase in citations issued.
The largest adjustment to revised revenues is in the licenses and permits category
which have been revised up by $325,724. The $1.5 million for licenses and permits
included in the adopted budget did not account for the start of the Venue at Home
Town, the expansion of North Hills Hospital, the construction of the Medical Office
Building across from North Hills Hospital and many other commercial and residential
developments. These developments have been planned for some time but were
delayed for various reasons and were therefore not included in the original budget
because there were no assurances that they would occur when they did.
11
.
.
.
The Charges for Service category has been revised up by almost $65,000 due mainly to
increases in ambulance fees offset by decreases in recreation fees. An annual
consumer price index (CPI) increase in ambulance fees was accounted for in the
original forecast of ambulance revenues for 2005/2006, but did not anticipate the
increased demand for service which caused revenues to increase by almost $115,000.
Recreation fees and athletic field rental fees decreased by almost $65,000.
Miscellaneous revenue has been revised upward over $160,000. This adjustment is
primarily due to the pleasant, but unanticipated increase in interest rates.
Appropriation of Fund Balance has increased by $462,654. The adjustment to this
category is the appropriation for prior year encumbrances equal to the same amount.
As described above this amount is to offset open purchase orders from the prior year for
items that were ordered in the prior year but were not received and paid for until the
current year.
With the increase in revenues for fiscal year 2005/2006, it is suggested that Council
allocate an additional $500,000 to the "Pay-as-you-Go" Capital Reserves, and $200,000
be allocated to the Equipment Services Fund for capital equipment replacement. Both
of these reserves for capital projects have been reduced in the past couple of years due
to reduced revenues from sales taxes. These additional allocations will be of significant
assistance for capital needs of the City.
General Fund operating expenditures have been revised downward by approximately
$74,000. Nearly $265,000 of the General Fund reduction is due to vacancies in various
departments and savings in equipment purchases. In summary, with the suggested
increase in reserves, and prior year encumbrances, total expenditures are
recommended to be increased by $996,312. This increase includes the year end
encumbrances of $462,654 previously reviewed and the additional allocations of
$500,000 into the "Pay-As-You-Go" reserves and $200,000 into the Equipment Services
Fund reserves.
The final addition to expenditures in the 2005/2006 revised budget is $490,451 in
service enhancements. All but one of these was discussed at the Mid-Year Budget
Worksession. These items include upgrading the recording and broadcasting equipment
in the Council Chambers, planning for transit oriented development, provide new and
expanded programs to assist neighborhoods with special needs, and establishing a
designated reserve for future rail station development. These enhancements are
discussed in greater detail in the Building a Vibrant Community: Planning For The
Future and Addressing Priorities section of this letter.
Revised revenues over expenditures for the General Fund are projected to be $286,747
approximately the same amount approved by Council for restoration of General Fund
reserves.
12
.
.
.
Sales tax revenues are projected to come in at the adopted budget of $3,861 ,112 but
Tennis Center revenues have been revised downward to $294,750 a decrease of
$16,000. There is an Appropriation of Fund Balance for previous year encumbrances of
$46,994. Total revenues of $4,317,856 are about $31,500 more than the adopted
budget.
Total expenditures of $4,317,856 include a reduction of over $54,000 from vacancy
savings. The expenditure reductions allowed for an increase in the adopted reserve for
capital projects of about $38,000.
Sales tax revenues are projected to equal the adopted budget of $3,709,661, while
interest income is estimated to increase $63,000 over adopted. Due to the cyclical
nature of officer candidate availability and the lengthy time required to recruit, interview
and hire new police officers, over $94,000 in salary savings has been realized due to
vacancies. This decrease in expenditures coupled with the increase in interest income
allowed for the planned use of Transition Fund reserves to be decreased by $126,000.
Total revised expenditures of $4,647,562 are $55,000 less than adopted.
Occupancy tax revenues are expected to remain at the adopted budget of $174,900.
Interest income has been revised to $5,460, an increase of $3, 185. Also included is
$1,000 for prior year encumbrances. Total expenditures are projected to be $234,626.
Revised revenues have been adjusted downward by about $31,000. Forfeited funds
revenues are dependent on which cases go to court and whether or not a judge
releases any funds to the City. This revenue fluctuates year to year. The increase in
State forfeited funds was offset by a decrease in Federal forfeited funds. Radio system
revenue has been decreased by $39,000 due to fewer municipalities participating with
the City. Interest income increased by about $14,000.
Revised expenditures remain at the adopted level excluding previous year
encumbrances. Due to the revenue decrease this fund will not have $32,149 in
revenues over expenditures as originally adopted.
Overall revenues are projected to increase about $40,000 over adopted and includes an
appropriation for previous year encumbrances of $12,150. The increase also includes
amounts raised through sponsorship efforts for the Sounds of Spring concert series.
13
.
leasing Fossil Creek Park, Linda Spurlock Park, Richfield Park, and Northfield Park for
natural gas development. By end of the fiscal year additional bonus money is
anticipated from Cross Timbers and Green Valley Parks bringing the total to $773,603.
No expenditures are planned in the revised budget, however, for 2006/2007, $200,000
of these monies will help fund the expansion of the Permanent Street Maintenance
Program. This expansion will be explained in more detail in the next section. The
remaining $100,000 will be used to bridge the gap to fund the delivery of services.
Utility Fund revenues for water sales and sewer fees have been revised downward by
$55,000 or less than.3°/0. In addition, appropriations of $373,365 in fund balance are for
prior year encumbrances.
Utility Fund expenditures were increased overall by approximately $490, 194. This
increase was split between the reserve for capital projects, payment in lieu of taxes and
previous year encumbrances.
.
The original estimate for attendance for fiscal year 2005/2006 was 241 ,456. The latest
estimates anticipate reaching this figure or slightly exceeding it. Estimated year end
revenues for the Park are $3,677,527 including appropriations for previous year
encumbrances. Assuming this to be correct, this will represent a slight increase of 2.30/0
or $82,000 over current budget revenues.
Revised expenditures have been increased by the same amount. Increases in supplies
and services as well as a small increase to the Park Expansion Reserve comprise the
increase in expenditures.
Net revenues at the Golf Course decreased by $63,000. The majority of the decrease is
in green fees and cart revenues. This is due to the declining condition of the greens and
the competition of newer area public and private golf courses in the region.
Revised total operating expenditures decreased approximately $34,000. The difference
between the decreased revenues and decreased expenditures resulted in a decrease in
the planned reserve payment.
Revised revenues are projected to be over $62,000 more than adopted. This is due to
an Appropriation of Fund Balance for prior year encumbrances of $106,271 offset by a
decrease in interest income and a reduction in the planned appropriation of reserves.
.
15
.
Revised expenditures are $1,897,839 including encumbrances from the previous year
of $106,271 offset by a decrease of $54,000 in vacancy savings.
Revised revenues are estimated to be $2,305,169, a 120/0 increase from those adopted.
The increase is attributable to a one-time transfer from the General Fund of $200,000 to
replenish Equipment Services Fund reserves and an appropriation of $50,173 for prior
year encumbrances. Revised expenditures are $2,305,169 which is $244,000 higher
than adopted due to the previously mentioned replenishment of reserves and
encumbrances. This will be discussed in greater detail in the Building a Vibrant
Community: Planning For The Future and Addressing Priorities section of this letter.
Total revised revenue is projected to be $2,872,623. This includes an Appropriation of
Fund Balance of $621 ,461 for prior year encumbrances and an increase in interest
income of over $100,000. Total revised operating expenditures decreased just under
$38,000 due to vacancy savings. The increase in interest income and decreases in
expenditures allowed the payment to reserves to increase by approximately $127,000.
. Total revenues for this Fund are projected to be $7,207,488, an increase of
approximately $160,000 due to an increase in workers compensation claims revenues
and interest income. Included in total expenditures of $7,207,488 are health/medical
costs of $5.6 million, $998,000 for all other insurance, $394,148 in personnel expenses
and $246,299 in reserves for future insurance claims.
In order to anticipate the impact of the Governmental Accounting Standards Board
ruling 45, a service enhancement of $10,000 is proposed. This enhancement will
provide for an actuarial study of the City's post employment benefits and how they will
affect the City's future liabilities. This will be discussed in greater detail in the Building a
Vibrant Community: Planning For The Future and Addressing Priorities section of this
letter.
2006/2007 PROPOSED BUDGET
All signs indicate that the 2006/2007 fiscal year will also be very successful, both from
accomplishing numerous goals of the City Council and from a financial point of view.
.
Our team of dedicated employees will continue to focus in the coming year on building a
vibrant community, providing quality services to our customers, and implementing the
City Council Goals of:
· Safety and Security;
16
.
· Quality Development and Revitalization;
· Financial Stability;
· Efficient and Effective Transportation System;
. Quality of Life; and
· Preserve Positive City Image.
We expect to see residential growth continue at a steady pace in 2006/2007 and
anticipate growth to our economic base with the new commercial development in and
around Home Town NRH, the expansion of North Hills Hospital and the construction of
Medical Center at Calloway Creek. We will also move forward with the redevelopment
of Boulevard 26, the implementation of the Loop 820 Corridor Study and natural gas
development on public and private lands. All of this will have a positive impact on our
future revenues and will help offset increasing costs that are beyond our control.
As our City's population increases, we face an understandable increase in the quantity
of goods and services needed. Like any business, the City of North Richland Hills is
also experiencing increases in the cost of electricity, gasoline, building supplies and
other materials.
.
Hurricanes Katrina and Rita continue to impact petroleum costs significantly, as does
the strife in the Middle East. For example, the per gallon cost of gasoline budgeted in
the 2005/06 budget was $2.05. We are estimating the per gallon cost of gasoline at
$2.75 for next year, a 34% increase. The increased cost of petroleum also affects the
cost of items such as PVC pipes, asphalt and tires.
Electricity is another area we have seen significant increases in costs. The cost of
electricity per Kilowatt/hour in 2005 averaged $0.094. The average for 2006 has been
$0.152 per Kilowatt/hour, a 62% increase.
In addition to petroleum products and electricity, we have seen increases in the cost of
steel, which impacts construction projects, as well as increases in chemicals used to
treat the pools at NRH20, increases in the cost office supplies as well as in many other
areas of our daily operations.
To help offset the increasing costs of doing business, all of our City Departments
continue to look for ways to reduce costs in other areas and to improve levels of
efficiency. This is an important step in our fiscal planning and will help us to maintain
our financial stability and retain a 57 ¢ tax rate.
As we plan our services and programs for fiscal year 2006/2007, it is important to
highlight some of our continuing initiatives, to summarize the revenues and
expenditures for each fund, and to explain new programs and initiatives that are being
proposed.
.
17
.
Highlights and Analysis
In an effort to achieve the goals set by the City Council, continuation of initiatives from
previous years are planned for 2006/2007. Highlights of the coming year are:
1. Expansion of the Preventive Street Maintenance Proaram - The 16th consecutive
year of major funding for preventive street maintenance will see $800,000 devoted to
this highly visible program, a $200,000 increase over last year's funding. For the
past five years, the preventive street maintenance program was funded at a
$600,000 level. With Council direction an additional $200,000 is included as a
service enhancement and will bring a noticeable increase in the average street
condition rating. Citizens can expect to see continued improvement in the overall
condition of streets in North Richland Hills over the next few years. The additional
funds will allow added streets to be asphalt overlayed, increasing the streets
overlayed by 47%.
.
2. Equipment & Buildina Services Plans -These plans as originally presented to City
Council in fiscal year 1997/1998 continue to be updated to insure Council and
citizens recognize needs for future equipment replacements and facility renovations
and major maintenance. The plans allow the City to continue its programs of facility
infrastructure maintenance and equipment replacements with no property tax
increase, while monitoring the investment the City has in these valuable assets.
Suggested changes are being made for next fiscal year as far as specific equipment
and building upgrades, but the basic plan remains valid and is recommended to be
continued as a tool to keep our equipment and buildings timely and reasonably
maintained, replaced and/or improved. The 2007 plans are presented in the
2006/2007 Capital Improvement Projects (CIP) Budget.
3. Aquatic Park Infrastructure - The 11th consecutive year of infrastructure funding will
see $325,000 added to reserves for major infrastructure replacement and/or major
repair. Total accumulated reserves at the end of fiscal year 2007 are estimated to
be approximately $3.4 million.
4. Support of Alliance for Children Advocacy Center - This program will receive
$16,590 in fiscal year 2006/2007 with funding from the Crime Control and Prevention
District sales tax. This program reaches out with assistance to at-risk children in
Northeast Tarrant County.
5. 8th Year Reserve for Capital Improvements - The 2006/2007 budget continues
funding the reserve for capital projects to provide a pay-as-you-go approach to fund
small capital projects. The total 2006/2007 requested for this reserve is $50,000.
Even though this year will not reflect the usual amount, including this annually is a
commitment for us to continue to maintain the beneficial reserve. Projects funded
from this reserve allow us to avoid borrowing funds for smaller capital projects. This
will bring the total amount allocated to the reserve to over $3.1 million since it was
created in FY 1998/1999.
.
18
.
6. Service Enhancements for 2006/2007 - Several service enhancements to address
Goals established by City Council are proposed in the 2006/2007 proposed budget.
Management and staff identified items that met high priority needs but were funded
by extraordinary and one-time revenues. These enhancements are discussed in
detail later in this letter. The following is a brief list of these recommended
enhancements:
» Expansion of the Permanent Street Maintenance Program - $200,000
» Design and Layout Study for Municipal Wireless Network - $20,000
» Keeping our Wastewater System Safe and Stable - $35,000
» Replacement of Golf Course Equipment - $147,250
» Addition of Aquatic Maintenance Technician - $36,367
» Enhancing Parks Beautification and Marketing Program - $2,000
.
7. Continuinq to Restore Medical Claim Reserves In July 2003, the City Council held a
special work session to discuss significant challenges facing the City's self-insured
health plan. Years of double-digit medical costs increases and several large
catastrophic medical claims had put a strain on the City's Self Insurance Fund. At
that time, a six year strategy of cost sharing and cost reduction was approved to
address the City's health insurance costs. It was important for employees and the
City to partner together to ensure the long-term success of the cost saving initiatives.
This includes rebuilding medical claims reserves for future emergencies and to keep
the plan stable. Substantial progress has been made, and next year will continue
efforts to continue the improvements.
While the 2006/2007 proposed budget addresses many of the Goals Council has
established for the City, the proposed budget strives to further enhance or improve
existing services without incurring added costs, but this has been a challenge because
of limited resources.
ProDertv Values & Tax Analvsis
Net taxable value growth is up once again. As of the July 2006 tax roll, net taxable
values are approximately 3.4% greater than last July and include $82,101 ,220 in new
construction. Excluding new construction, existing property increased in value 0.90/0
over July 2005. The average home value in North Richland Hills was $134,909 in July
2005. The average home value, based on the July 2006 tax roll, is $138,800. The
estimated revenue to be generated from the net taxable value at a 99°/Ó collection rate is
$19,226,498. The proposed budget includes revenues to the Debt Service Fund in the
amount of $6,750,417 to pay for bonds and certificates of obligation, $849,195 for public
improvements in the Tax Increment Financing Districts, and $11,626,886 to the General
Fund. The proposed budget includes no changes to the current tax rate of 57¢ per $100
valuation. The effective tax rate, or the property tax rate necessary to produce the same
amount of revenues as the prior year, is 56.7969¢.
.
19
.
.
.
General Fund Proposed 2006/2007
The General Fund provides funding for the tax supported operations of the City. These
include services traditionally thought of when referring to City operations such as Police,
Fire, Streets, Library, etc. The major sources of revenue to this fund are sales taxes
(representing 230/0 of General Fund revenues) and property taxes (representing 34°k of
General Fund revenues), both excluding appropriations of fund balance.
In 2006/2007, total revenues in the General Fund are projected to increase over
2005/2006 adopted revenues by approximately $1,099,819, a 3.3% increase. The major
increases are:
~ Property taxes $ 393,884
~ Franchise Fees $ 294,762
~ Fines and Forfeitures $ 189,027
~ Licenses and Permits $ 158,350
~ Charges for Services $ 195,637
~ Gas Development Fund Transfer $ 300,000
~ Interest Earnings $ 195,000
The above revenue increases were offset by a decrease in the Appropriation of Fund
Balance of $650,000 due to the completion of payment of a legal settlement in fiscal year
2005/2006.
Property tax revenues are projected at $19,226,498 based on the current 57¢ tax rate. Of
this amount, $6,750,417 is needed for debt service and $849, 195 is needed for debt
service payments in the Tax Increment Financing Districts.
General Fund sales taxes are projected at $7,799,447 (an increase of 1 % above
2005/2006 adopted budget), which includes business gains as well as business losses.
Initially in the General Fund departmental operating budget requests totaled $33,986,456.
The proposed General Fund departmental budgets total $33,470,902, a 4.00/0 increase
over the adopted 2005/2006 budget, but about $515,000 less than initial departmental
requests. Careful evaluation was made in reducing these funding requests without
diminishing service delivery. Additionally, amounts budgeted for the capital projects
reserve, market adjustments, allocation to the Self Insurance medical claims reserve, and
service enhancements bring the total proposed General Fund budget to $34,569,836.
Overall the departmental operating expenditures, including service enhancements and
transfers to established reserves increased by only 4.3% over adopted FY 2005/2006.
The proposed budget includes merit increases for eligible employees with corresponding
increases to benefits and increases to health insurance and workers compensation. The
proposed market adjustment of $620,395 is budgeted to keep employee salaries
competitive with the surrounding market and allow the City of North Richland Hills to
recruit, hire and retain exemplary employees. The market maintenance adjustment is
discussed in more detail in the Retaining Quality Employees section of this letter.
20
.
Last year $200,000 of the preventive street maintenance program was funded from
project savings and reserves so the total amount budgeted by Public Works was only
$400,000. In the proposed 2006/2007 budget the full $600,000 is-planned in the Public
Works Budget, resulting in an increase of $200,000 over the amount provided in the
adopted 2005/2006 budget.
The proposed budget includes $50,000 in Reserve for "pay as you go" Capital
Improvements. This is $500,000 less than the funding goal of $550,000 due to budget
constraints. However, as mentioned in the 2005/2006 revised budget, an additional
$500,000 is recommended to be allocated to the reserves during 2005/2006 allowing
the City to provide continued funds for projects now and in future years.
The proposed budget also includes a $109,800 allocation to the Self Insurance Fund to
continue the rebuilding of medical claims reserves in that Fund as approved by Council.
Funding is from General Fund Balance and is identified as an Appropriation from Fund
Balance in the revenues and in expenditures as a transfer to the Self Insurance Fund.
This is an increase of $6,000 from adopted FY 2005/2006 per the approved reserve
plan.
In 2006/2007, the City will continue to deliver quality services as in past years. The
projected revenues over expenditures for the General Fund are $25,970.
.
Park and Recreation Facilities DeveloDment Fund ProDosed 2006/2007
Sales tax revenues are projected to be $3.9 million in 2006/2007, approximately
$38,000 or 1.0% more than the 2005/2006 adopted budget.
Total budgeted expenditures are approximately $4.31 million, including debt service of
$1,330,002. Also included is the allocation of sales tax revenues to be used to enhance
economic development efforts. The first year allocation to economic development in
2004/2005 was $250,000. In subsequent years the allocations to economic
development are to be 5°k of sales tax revenues or $194,986 for the 2006/2007
proposed budget. The Tennis Center continues to be active and is projecting about
$302,550 in revenues, and is estimated to cost $517,731 to operate. This Fund also
provides funding for park operations, administration, and for maintenance of park and
recreation facilities constructed using the half-cent sales tax. Capital Projects funded
through this Fund are identified in the proposed Capital Projects Budget.
Crime Control and Prevention District Fund ProDosed 2006/2007
Sales tax revenues are projected to be about $3.75 million in the Crime Control District
for 2006/2007. This is $37,097 more than the 2005/2006 adopted budget. A loan of
$782,482 from the Transition Fund is necessary to balance revenues over expenditures.
.
As previously discussed with Council, it will be necessary to utilize the Transition Fund
until sales taxes return to pre-2001 levels. Progress is being made. The proposed
21
.
expenditures for 2006/2007 are $4.62 million, a decrease from 2005/2006 adopted of
$79,000. The decreases in expenditures include a reduction in transfer to the General
Fund of $203,780. These decreases were offset by increases in insurance costs and a
proposed market adjustment to the compensation plan.
Promotional Fund Proposed 2006/2007
The Promotional Fund, which provides visitor/tourism services and economic
development for the City, projects occupancy tax proceeds of $174,900, interest income
in the amount of $5,215, and an Appropriation of Fund Balance of $36,097 necessary to
cover costs. This fund continues to see very little growth based on the occupancy levels
at local hotels. We do not expect any improvement in this over the foreseeable future.
As previously discussed with Council, until a new hotel can be developed, the
recommended plan is to primarily use these funds to provide promotional and marketing
opportunities and transition employees to the General Fund. In 2005/2006 a plan was
instituted to move 0.25 full-time equivalent salaries each year until all salaries are
transitioned out of the Promotional Fund and into the General Fund. Total proposed
expenditures for the Promotional Fund are projected at $216,262 a 7.9% decrease from
current year adopted due to the position transitioning plan.
Speciallnvestiaation Fund Proposed 2006/2007
.
Revenues for this Fund are derived from Federal and State forfeited funds and
reimbursements from neighboring cities involved in the Police Mobile Data Terminal
(MDT) program, the 800 MHz radio system and the Automated Fingerprint Identification
System (AFIS) program. Total revenues are budgeted at $396,281, which is slightly
less than current year adopted and includes a $19,913 Appropriation of Fund Balance.
Adopted expenditures total $396,281 an increase over current year adopted of $18,098.
The AFIS system will be upgraded with partner cities paying their share and the City
using fund balance for its portion. MDT Maintenance costs are anticipated to be
negligible during the first year of warranty service of the new system.
Donations Fund ProDosed 2006/2007
The Donations Fund derives most of its revenue from contributions made through city
utility bills. The contributions are allocated to the Library (65¢), Humane Services (65¢),
and special events and arts (20¢). It is estimated that water bill donation revenues will
generate approximately $91 ,000 of the total projected revenues of $246,425 for
2006/2007. Total revenues are $55,445 more than 2005/2006 adopted. The increase
is primarily due to the increase in sponsorships for the Sounds of Spring concert series.
It is projected that the Fund will have revenues in excess of expenditures of $79,808.
Excess revenues will be allocated to the three approved categories of the Donations
Fund.
Drainaae Utilitv Fund ProDosed 2006/2007
.
22
.
.
.
This Fund accounts for the monthly fees charged to residents and businesses to pay for
the cost of drainage improvements throughout the City. Revenues are transferred to
the Debt Service Fund to pay for principal and interest on bonds approved by voters for
drainage improvements. Budgeted debt service transfers for 2006/2007 are $707,186.
An ending balance of $529,125 is projected for this Fund.
Gas Development Fund Proposed 2006/2007
Gas development revenues are anticipated from bonuses from mineral leasing or
drilling activity at Iron Horse Golf Course in the amount of $150,000. An additional
$100,000 in lease revenue is expected for ongoing gas production at Fossil Creek,
Linda Spurlock, Richfield, Northfield, Cross Timbers, Green Valley and Little Bear Creek
Parks. The proposed expenses adhere to the Council policy on uses of revenues from
gas production/exploration. The expenses are a $100,000 transfer to the General Fund
operations in an effort to "bridge the gap"; $200,000 for preventive street maintenance
expanding the Preventive Street Maintenance Program to a total of $800,000; and a
$147,250 transfer to the Golf Course Fund for equipment purchases. The proposed
expenses are offset by 2006/2007 proposed or 2005/2006 revised Gas Fund revenues
and are in accordance with policy. The ending balance of the Fund is projected to be
$586,506 for 2006/2007 proposed budget.
Utilitv Fund Proposed 2006/2007
Water sales generated from the North Richland Hills system for 2006/2007 are
projected to be $13,677,785, a 4.40/0 increase from current year adopted. Most of the
increase is due to the rate increases recommended in the Utility Rate Study approved
by Council in 2005. However, the direct costs of water purchased and sewer treated
through the contracts of Fort Worth and the Trinity River Authority are also increasing
and are passed through to our customers. Their projected cost increases are reflected
in the proposed revenues and expenditures for 2006/2007.
Sewer charges are projected to be $7,384,447, about $91,000 less than current year
adopted. The decrease is due to the freeze in the three month residential winter
average by Council in February 2006.
Included in total Utility Fund revenues are appropriations of $728,684 in fund balance
for rate stabilization which is discussed further in the financing section of this letter.
There is also an appropriation of $36,600 in fund balance to the Self Insurance Fund to
be used toward rebuilding medical claims reserves in that Fund per the approved
reserve plan. Total Utility Fund revenues are projected to be $22,672,516, about
$1 ,008,000 more than the 2005/2006 adopted budget.
Expenses are estimated at $22,672,516 which is a 4.7% increase over 2005/2006
adopted. Included in the budget is approximately $10,432,000 in water and sewer
treatment costs charged by the City of Fort Worth and the Trinity River Authority (TRA).
These costs paid to Fort Worth and the TRA represent 460/0 of the Utility Fund Budget.
A payment to the Reserve for Capital Projects is projected to be $806,925. These
23
.
reserves will fund the various water and sewer system improvements and expansions
as identified in the long range utility capital improvement plan. Also included in total
expenditures is a transfer of $36,600 to the Self Insurance Fund. The transfer to the
Self Insurance Fund is needed to help with reestablishing the medical claims reserve
and is being made per the refunding plan approved by Council. Also included in total
expenditures is a $35,000 service enhancement discussed in the Building A Vibrant
Community: Planning for the Future and Addressing Priorities section of this letter.
Aauatic Park Fund ProDosed 2006/2007
Revenues of $3,930,396 at NRH20 are projected at $335,109 more than the 2005/2006
adopted budget. It is estimated that there will be 257,342 visitors to the park next year.
Expenditures are projected to be $3,930,396. Included in expenditures is $498,237 for
debt service, and a proposed service enhancement for the addition of a third Aquatic
Maintenance Technician. The last technician was added in 1999 and since then a
number of attractions and facilities have been added including Professor Frogstein's
Splashatory and the Purple Palooza. The addition of this position is discussed in
greater detail in the Building A Vibrant Community: Planning for the Future and
Addressing Priorities section of this letter. The Reserves for Future Infrastructure
continue to be budgeted at $325,000. The Reserve for Future Park Expansion is
budgeted at $218,179.
. Golf Course Fund ProQosed 2006/2007
The Golf Course is projecting net revenues of $2,723,323, an increase of about
$330,000. Actual operating revenues will increase by over $880,000 when the transfer
of $550,000 from the Park Development Fund in the 2005/2006 adopted budget is
excluded. Park Development sales tax revenues (4B) in the amount of $550,000 funded
$100,000 for the greens reconstruction project, $150,000 for intensive care and
maintenance of the greens before, during and after reconstruction and $300,000 for
debt service during the time of closure. The reconstruction of the greens required the
closure of the course for twelve weeks which further lowered 2005/2006 revenue. With
the reconstruction of greens completed by September 2006 course play is anticipated to
grow and goods and food sold are projected to increase. Natural gas revenues from the
Golf Course are forecasted to be used to replace older golf maintenance equipment, but
the replacements will not be done if these revenues are not realized. This will be
discussed in greater detail in the addressing priorities section of this letter. Expenses
including debt service, inter-fund loan payments and reserves total $2,424,460.
.
Buildina Services Fund ProDosed 2006/2007
The total proposed budget of $2,021,659 includes operating expenses of $1,756,707,
capital expenses of $204,000, and debt service payments of $40,703. These costs are
to provide maintenance and repairs to all City facilities. This is an increase of 10.1 ok
from the 2005/2006 adopted budget. The cost of electricity is projected to increase
24
.
.
.
$90,000 over the current adopted budget. The ten-year plan approved by City Council in
1997 has been updated through 2007 and is included in the proposed 2006/2007
Capital Projects Budget.
EauiDment Services Fund ProDosed 2006/2007
Total proposed expenses of $2,522,589 include operations and maintenance of
$1,741,095, equipment purchases of $482,180, and debt service payments of
$275, 116. Included in equipment purchases are 6 police vehicles. This Fund maintains
operating and major equipment used in all City departments. This year it will be
necessary to finance $608,200 in major, long lasting equipment including a $438,200
fire engine and a $170,000 street sweeper. These large pieces of equipment are
included in the proposed capital projects budget and have ten years or longer of useful
life expectancy. The ten-year plan approved by City Council in 1997 has been updated
for 2007 with future debt service and is included in the proposed 2006/2007 Capital
Projects Budget. Each department that has vehicles or equipment pays its pro-rata cost
for operations and maintenance of the equipment. Revenues for the proposed budget
are $2,552,589 with $2,068,828 being charges for service to customer departments, an
appropriation from equipment reserves for equipment and replacement purchases and
other miscellaneous revenues.
Information Services Fund ProDosed 2006/2007
The Information Services Fund pays City wide expenses associated with major
computers, microcomputers, data network, Geographical Information System, and
telecommunications services. Departments pay their pro-rata share of these costs. The
Information Services budget totals $2,333,364, which is an 8.6% increase from the
fiscal year 2005/2006 adopted budget. The increase is due primarily to the scheduled
replacement of 100 personal computers throughout the City and the study needed for
wireless internet.
Self Insurance Fund ProDosed 2006/2007
The Self Insurance Fund pays for City wide expenses related to major medical
coverage for employees, workers compensation coverage, property and general liability
coverage, life insurance and all administrative expenses associated with this program.
The Self Insurance Fund budget for 2006/2007 meets all expected expenses.
The budget for health/medical is $481,529 more than 2005/2006 adopted, an 8.6°;ó
increase. Employees will also experience an increase in their premiums which will be
discussed later in this letter. The increase in health/medical has been kept to a smaller
increase than in recent years as a result of plan changes implemented in January 2005.
The Insurance Fund reserves are being rebuilt per the reserve plan adopted by City
Council to provide sound healthy reserves and a plan whereby the employees and the
City share this cost.
25
.
.
.
Overall the proposed 2006/2007 Self Insurance Fund will see a 7.80/0 increase in
expenditures for all insurance purposes from the current adopted budget.
Buildina a Vibrant Community:
Plannina for the Future & Addressina Priorities
The City continues to experience steady population growth and increased demands on
services. To continue providing excellent service, several enhancements are needed
in some City programs and services. These enhancements have been deemed high
priority and are in line with City Council's Goals and Objectives. The proposed
enhancements will assist the City and our community partners in building a vibrant
community. The following descriptions provide details of the service enhancements.
Revised 2005/2006
Council Chamber Recordina and Broadcast Eauicment Ucarades
One of the most vital services Citicable provides to the citizens of North Richland Hills is
their coverage of City Council Meetings and Planning and Zoning Commission
Meetings. Over the last few years the existing equipment has gradually become less
reliable. Replacing the ten year old equipment will increase the quality and reliability of
the broadcasts and will ensure the continuation of this important service to our
community.
Another need is the recording system used by the City Secretary's Office and others to
record the City Council and Planning and Zoning Commission meetings. The
equipment is over fourteen years old and is becoming very unreliable. Occasionally the
system will quit recording during meetings and must always be closely monitored.
Having gaps in the tape makes it possible that important information discussed during a
meeting might not get included in the minutes. A new recording system would provide
reliability and efficiency to the recording of meetings.
Upgrading the electronic voting system is another need for the City Council Chamber
and would improve efficiencies for the City Secretary's Office. The total cost for the
Council Chamber enhancements is estimated to be $86,712.
Funding for these enhancements is recommended from money received from a legal
settlement with Charter Communications. Over the last few years our City, along with a
consortium of cities, has been involved in a legal dispute with Charter Communications
related to customer service and non-compliance with our cable franchise agreements.
Recently a settlement with Charter was reached. Charter agreed to pay the City of
North Richland Hills approximately $77,713 to be paid in four annual payments
beginning in FY 2005/2006. The City has already received its first payment of $19,428
from Charter Communications. The balance of the project, $9,000, will be paid from the
General Fund Balance.
26
.
.
.
Sustainable Develocment and Plannina Studv
A planning and design professional services group is needed to assist staff in preparing
an ordinance throughout the City of North Richland Hills. The work will also define
special zoning district boundaries located around the two future regional rail stations at
Main Street/Davis Boulevard (Smithfield Road) and Loop 820 (Iron Horse Blvd), and
develop transit station area concept plans to encourage and enable transit-oriented
development at these two locations.
Revitalization of both Loop 820 and Smithfield are important to the vitality of North
Richland Hills. The City has had success in developing Home Town NRH under a
similar sustainable development ordinance. This new ordinance could provide an
important emphasis to encourage Sustainable Transit Oriented Development in other
important areas in the community. The primary focus of the region is toward enhancing
mixed use sustainable development projects. The North Central Texas Council of
Governments has designated these two sites for future commuter rail access and the
ongoing develo,pment of rail station area plans with specific criteria and guidelines for
development will help us to compete and stay ahead of surrounding communities for
future development. The estimated cost for this initiative is $85,000 and is
recommended to be funded from the General Fund.
Establish Reserves for Rail Station Develocment
The Fort Worth Transportation Authority, "The T", has designated the Cottonbelt
Railway for commuter rail. Currently the project is in the preliminary stages. Once
implemented, commuters will be able to travel from downtown Fort Worth to D/FW
airport and eventually over to North Dallas.
We anticipate two possible rail sites within our community; however, according to
current policy cities must participate in "The T" to be guaranteed a station. The only
way for cities to participate is by designating ~ cent of their sales tax toward "The T".
North Richland Hills has already committed the entire 1 cent sales tax option to the Park
Development Fund and the Crime Control District.
"The T" has indicated that Cities could also participate by funding and developing the
rail stations themselves. This is an opportunity that the City cannot afford to pass up.
Building reserves to purchase land for rail sites is the first step in taking advantage of
this approaching opportunity. It is proposed to allocate $200,000 in the FY 2005/2006
General Fund Revised Budget as a reserve for future rail station development. Transit
Oriented Development has been very successful in our region, particularly in cities such
as Piano and Dallas. By doing this we can get a head start on our surrounding
communities to establish future transit oriented development. It is anticipated that such
Reserve Funds, if created, would be added each year, as financially possible. However,
this would not be an obligation each year, but just as funds become available.
27
.
"A Helcina Hand" and Imcrovina our Neiahborhoods
In March 2006 the City Council approved the extension and modification of a settlement
agreement with TXU Electric Delivery. The terms of the agreement were to extend an
$8 million per year payment to reimburse cities for excessive electricity charges. This
equates to an annual payment to the City of $75,294. It is anticipated the payment will
continue until 2009 when a final order is entered by the Public Utility Commission. The
settlement agreement also included two payments of $9 million to cities to be used for
"beneficial public use". This portion to the City of North Richland Hills is $118,739 per
year for a total of $237,478.
During the Mid-Year Budget Worksession a variety of uses for this money that would
positively impact neighborhoods and help citizens in need of assistance was proposed.
The proposal included using the money to assist the Neighborhood Initiative Program,
fund the Litter Not Program, fund the Neighborhood Looks Program, and to create a
program to assist residents with payment of utility bills when they qualify for assistance.
Based on City Council's input, plans have been created to fund these programs using
the TXU Settlement revenues.
.
The award winning Neighborhood Initiative Program (NIP) continues its success in 2006
and has completed between 85 and 90 projects per year. To enhance the program,
funds are needed to assist with purchasing items such as window units, fans and
window screens for special needs families (most likely elderly and disabled). As stated
before the program is designated for citizens that are unable to provide for themselves.
Procedures and policies will be developed to insure funds are spent helping individuals
who quality for assistance. It is proposed to dedicate $90,000 to this program to help it
continue its success and work with our area partners to build a vibrant community.
The 2005 Citizens' Survey indicated a need to focus on litter control within the City. To
address this issue, Neighborhood Services has created a program called Litter Not.
This program will work toward addressing ongoing litter issues within our City and help
the Council goals of Quality Community Development and Revitalization and most
importantly Quality of Life. It often takes a significant amount of time to get donations
from area businesses and individuals to fund these types of programs. Funds would be
used for supplies such as safety vests, trash bags, gloves and litter grabbers and
provide dollars to be used toward advertising and flyers to promote the program. It is
recommended to dedicate $25,000 of the TXU Settlement money to facilitate this
program and enable it to be up and running much quicker than raising the money
through donations.
.
The Neighborhood Services Department has developed another program to address
issues from the citizen's survey called Neighborhood Looks. The primary function of
this program is to focus attention on neighborhoods to address issues such as high
grass, trash and dilapidated homes before they get to the magnitude that Code
Enforcement is required to intervene. The program will be citizens assisting with
monitoring their own neighborhoods coupled with focused code enforcement activity to
28
.
.
.
maintain the appearance of neighborhoods. As the NRH community ages, it is
imperative that the City and residents get involved in maintaining the appearance and
condition of older neighborhoods. It is recommended to dedicate $15,000 to be used
toward items such as informational brochures, flyers and advertising to gain "buy-in"
from neighborhoods.
Finally, it is recommended to establish a program to assist residents with payment of
utility bills, when they qualify for assistance. Each month, on average, 240 customers
are disconnected because of non-payment of their utility bills. Although a number of
these accounts are disconnected due to forgetfulness and irresponsibility, there are a
certain number of these people that truly have a need for assistance. The Utility Billing
Department receives many calls throughout the year from social service agencies
asking if the City can assist certain needy residents with their utility bills. This proposed
program can be an effective measure where we can work with our community partners
to enhance the quality of life for our citizens by assisting those in need. It is
recommended that $53,739 be allocated for this program.
Funding for these programs is proposed to be financed in the revised FY 2005/2006
General Fund Budget and continue to be funding the programs in FY 2006/2007.
These programs will have a significant impact on the North Richland Hills community
and encompasses the City Council goals Quality of Life and Quality Community
Development and Revitalization.
Post Emclovment Benefits Study
The City of North Richland Hills is preparing for the financial reporting and accounting
requirements promulgated by Governmental Accounting Standards Board (GASB)
Pronouncement No. 45. The subject matter of this pronouncement is titled "Post
Employment Benefits Other Than Pensions (OPE B)." For the City of North Richland
Hills this pertains to retiree health plan benefits.
The effective date of implementation for North Richland Hills is for financial statements
issued for the fiscal year ending September 30, 2009. The City's Independent Auditor
as well as GASB 45 encourages early implementation. Staff recommends,
implementing GASB 45 in fiscal year 2008, and begin the preparation necessary to
make required calculations in fiscal year 2007. This requires an independent actuarial
study.
The purpose of GASB 45 is to determine the long-term cost of providing health care
benefits to current and future retirees. Actuarially determined projections will be based
on assumptions such as future employment, mortality rates, and health care cost
trends. These projections will be used to establish the long-term liability of the City
which will be shown on certain financial statements of the annual financial report. This
liability will change from year to year as actual results are compared with past
expectations and new estimates are made about the future (actuarial study required
every two years).
29
.
Total revised expenditures of $121,240 are $5,150 more than the adopted budget. The
increased expenditures are $12, 150 for previous year encumbrances offset by savings
in special event costs. The Donations Fund is projected to end the year with a $109,930
balance of revenues over expenditures.
Drainage Utility Fund revenues have increased by about $9,000 over adopted bringing
the revised revenues to $803,535. All of this increase is investment income, which has
increased due to a favorable interest rate. It is projected that this Fund will end the year
with a balance of approximately $431,096. Drainage fees are used to pay the costs of
debt service of capital improvement drainage projects.
.
In June 2006 City Council adopted a resolution creating a conservative policy on the
use of funds that are generated from natural gas development. The policy was
established to avoid over-reliance on these revenues and to establish how the revenues
may be used. Caution was taken in considering uses for the gas revenues because it is
difficult to predict the production of wells and the long term production normally means
the production decreases over time. So over dependence on gas revenues can be risky
in municipal financing. In general, the policy guidelines establish three areas for using
the money:
1. To bridge the gap of sales tax revenue reductions.
2. To use "one time" revenues for projects or non-recurring capital needs.
3. To use the revenues for expanding the City's economic base and for economic
development.
The policy designates how the money could be spent and allocated for various
purposes. Under the policy property taxes generated from natural gas development will
go into the General Fund to cover operating and program expenses. Permitting fees
and fines will also go into the General Fund to cover additional costs incurred as a result
of monitoring gas wells. Signing bonuses were determined not to be practical for
ongoing, daily operations because they were one-time payments. Therefore, the policy
established using this money for capital purchases or infusion into existing programs
such as the preventive street maintenance program or economic development.
Royalties, leases and overrides could potentially be used to offset declining sales tax
and "bridge the gap" until sales tax revenues increase. These revenues could also be
used to offset the declining hotel/motel tax revenue and allow for the expansion of
economic development programs.
.
Based on the recently approved Council policy on uses of revenues from gas
production/exploration, a Special Revenue Fund has been created to ensure the
collection and disbursement of funds in accordance to the policy. The Gas Development
Fund has received $363,990 in revenues which is primarily bonuses earned from
14
.
.
.
When GASB 45 is implemented, the most likely effect on financial statements will be an
increased long-term liability and related increased expense for estimated future retiree
health plan benefits which will result in a subsequent reduction in total net assets. The
resulting impact on cash flow will probably be the cost of the actuarial study required
every two years. A slight increase in audit costs may occur and City staff will realize an
increase in workload as a result of implementation. The cost of an actuarial study is
estimated at $10,000 and has been included in the 2005/2006 revised Self Insurance
Fund Budget.
Imorovina On-line Services to Citizens
There is an ever increasing demand for online services from residents, customers,
employees and many other community partners. This is due to improvements in
technology coupled with the increase in internet users. The City of North Richland Hills
has added many online services. We have successfully moved the code of ordinances
online, implemented online utility bill payments, added on-line ticket purchases at
NRH20 and re-designed the web-site to provide more information to our citizens.
Additionally we are offering several Citicable programs for viewing on the city website.
The City is experiencing issues with not having enough bandwidth to meet our needs.
The implementation of an additional T-1 Internet Bandwidth Line will allow the City to
increase its bandwidth and accommodate the growth due to increased online services.
The additional bandwidth will also be necessary for future live broadcasts of City
Council Meetings. The cost of this enhancement is $13,600 which includes $4,000 to
purchase the equipment and $9,600 for annual maintenance that will be a continuing
cost. The enhancement will be funded from the Information Services Fund.
2006/2007 ProDosed
Exoansion of the Permanent Street Maintenance Proaram
The annual Preventive Street Maintenance Program currently is set at $600,000 for
street overlays, slurry seal, and crack seal projects.
This approved funding goes a long way toward improving the condition of the City's
streets. However, one of the areas identified in the 2005 Citizen Survey was the
condition of residential and non-residential streets. The condition of non-residential
streets was rated as excellent or good by 77% of respondents, while 62.1 % rated
residential streets as excellent or good. The results indicated that the City needs to
examine how to enhance the program to improve more streets.
Since the Preventive Street Maintenance Program is the most cost effective way of
improving the condition of the City streets, staff evaluated how the existing program
could be expanded with current staffing levels.
30
.
.
.
A full analysis of the different funding levels was presented to City Council at the Mid-
Year Budget Worksession in June of 2006. After much discussion, Council's consensus
was to add $200,000 to the program bringing the total funding level to $800,000. The
additional funding will be used for the asphalt overlay process and will mean 470/0 more
streets will be able to be overlaid. It is estimated that the average condition rating will
go from a 79 to an 80 or 81 .
It is recommended that the additional $200,000 be funded from signing bonuses
received from the leasing of City property for natural gas development. Revenues
received from signing bonuses will be deposited in the Gas Development Fund and then
allocated to the General Fund to fund the enhancement per the gas revenue policy.
Desion and Lavout Studv for Municical Wireless Network
Although there are several issues surrounding municipalities providing broadband
service to their citizens, there continues to be a growing need for a City owned wireless
network. Several City departments could increase productivity and efficiency by utilizing
wireless technology to mobilize their computer applications. With the maturation of
wireless technology, many cities are investing in the technology and leveraging their
current infrastructure (towers, traffic signals, fiber optic cable, etc.) to implement
wireless networks that are capable of providing seamless coverage for mobile
applications. The majority of these cities are investing in some form of "mesh network".
A mesh network is comprised of both mobile and static wireless devices that connect
directly to each other and handle many simultaneous connections. These devices are
designed to act as repeaters for each other, as well as provide network connections to
mobile computers. The application of this technology can be used to create a true
mobile network that builds off of itself. .
In a disaster scenario, where data communications are affected, the mobile units can be
used to build an ad-hoc network. This ad-hoc network can bridge sites such as City
Hall and Fire Administration together wirelessly allowing continued use of applications
such as email, reporting, and public safety systems.
The primary drivers for a wireless network are to increase government efficiency and
productivity by mobilizing public safety, parks, public works, inspections, and
neighborhood services computer applications. The system has the potential to better
mobilize our public workforce now and in the future might provide affordable internet
access to citizens, offer free access to governmental and education websites, and
provide possible revenue sources.
In order to begin the process of establishing a wireless network, it will be necessary to
employ outside assistance to do a comprehensive study on the layout and design at an
estimated cost of $20,000. This study would consider the topography and foliage of the
City and determine the most optimal placement of technology. This study is proposed
to be funded from the Information Services Fund.
31
.
Keecina our Wastewater Svstem Safe and Stable
The population of North Richland Hills continues to grow increasing the demand on the
extensive water and wastewater system. To keep up with this demand it is essential
that we improve the City's sanitary sewer system so that the existing system can handle
the flows and therefore reduce the possibility of sanitary sewer overflows. It is also
important to reduce the amount of sanitary sewer flowing to the Fort Worth meters and
therefore reduce the City's cost of sewer treatment, which in turn will help solidify the
financial stability of the wastewater operations.
To address this issue, it is necessary that the City purchase flow monitoring equipment
including a lap top computer, compatible software and equipment capable of measuring
flows in 6" - 18" sewer lines.
.
Flow measuring equipment will allow the Wastewater Technician and existing Sewer
Division personnel to collect and study the impact of rain events on various locations
throughout the City. Collected data can be reviewed, logged, and studied to determine
areas with Infiltration and Inflow (I & I) problems. Once problem areas are identified, the
same equipment can be used to locate and isolate system discrepancies. Industry
studies indicate significant savings can be realized through a comprehensive I & I
program. It is reasonable that a 1 % reduction in wastewater flow is a realistic goal,
which would produce a net savings of $25,000 to $35,000 annually within 3 to 5 years of
implementation. The total cost for this equipment is $35,000 and is proposed to be
funded from the Utility Fund.
Reclacement of Golf Course Maintenance Eauicment
In 2005, City Council approved the reconstruction of the greens at Iron Horse Golf
Course. This was done to ensure Iron Horse remains competitive with area courses.
The project is currently under construction and will be completed in early fall. We
anticipate an increase in use over the next few years because of the new greens which
will in turn add to the course's maintenance needs.
The current fleet of maintenance equipment at the golf course is over eight years old.
The equipment includes tractors, mowers, shredders, carts and other equipment
needed to maintain the course.
.
Funding these replacements can be done with natural gas revenues generated from
drilling or leasing the course for natural gas development. Since it is not clear whether
Iron Horse is marketable for natural gas development, these equipment replacements
will only be made in 2006/2007 if actual activity occurs at Iron Horse. Otherwise they
will be purchased in subsequent years. If gas funds become available, it would be
highly desirable to make the equipment replacements this coming fiscal year. The total
cost for this service enhancement will be $147,250. Revenues received from mineral
leases will go to Gas Development Fund and then be allocated to the Golf Course Fund
to fund this enhancement per the gas revenue policy.
32
.
Addition of Aauatic Maintenance Technician
NRH20 continues to expand and age. In order to keep the park in the appropriate
condition and to keep the infrastructure from wearing out prematurely, proper
maintenance must be performed. With the expected addition of the new attraction to the
park, it is now appropriate to add an additional Aquatic Maintenance Technician position
to the facility. The last position was added to the Maintenance Department in 1999
when the first Maintenance Technician position was added.
Currently, the park has two full time maintenance personnel to maintain the entire
facility. To augment this, maintenance demand requires the park to rely heavily on
seasonal personnel. These are usually non skilled individuals but occasionally there is
someone available who has been with the park for a few years that can be taught a few
more advanced skills.
Many of the current and new attractions such as the Splashatory, Purple Palooza,
Swimming Hole and the new Catering Building require more skilled maintenance needs.
The Matt Racer attraction, which is scheduled to open for the 2007 Operating Season,
will include another pump/motor and more fiberglass slides that can only be repaired by
an experienced maintenance person.
.
Along with the fore mentioned areas that require skilled maintenance there are also
general facility projects that must be maintained including decorative cedar posts
located throughout the park that are deteriorating due to their age. Every season,
preventive maintenance is performed with waterproofing, but wood does deteriorate
over time. As this happens each post must be removed from the concrete and replaced
with a new one. The wooden slide towers are also deteriorating with age. Every year
this requires staff to take more time to repair them. This requires extra time and still
requires a skilled person to examine and approve the work. The most efficient method
of completing skilled projects is with skilled labor. The addition of a new Aquatic
Maintenance Technician, bringing the total maintenance staff to three, will help reduce
the workload and allow us to better maintain park attractions, facilities and buildings in
top operating condition as well as visually attractive. The total cost for this service
enhancement is $36,367 and, if approved, will be funded from the Aquatic Park Fund.
Enhancina Parks Beautification and Marketina Proaram
The Parks and Recreation Department currently has a full time Recreation
Superintendent position and a Marketing Specialist position that is shared SO/50 with
NRH20. A request has been submitted to convert the Recreation Superintendent
position into a full time Horticulturist and a full time Marketing/Special Projects
Coordinator.
The Recreation Superintendent position has been vacant for several months while staff
evaluated specific staffing needs based on programs and services. The existing
Marketing Specialist has been shared equally by NRH20 and the rest of the Parks and
.
33
.
Recreation Department since 1999. The growth of NRH20 and financial viability of the
park combined with increasing competition has necessitated a full-time marketing
position for the water park. The NRH20 Strategic Plan also recommends a full time
marketing position dedicated to NRH20.
The Marketing Specialist is currently funded 500/0 in the Aquatic Park Fund and 50% in
the Park & Recreation Facilities Development Fund. With the Marketing Specialist
dedicated 1000/0 to NRH20, dollars budgeted for outside marketing services can be
reallocated to absorb the additional cost of funding this position 1000k in the Aquatic
Park Budget. With NRH20 assuming the full cost of the Marketing Specialist, that
leaves a half-time position funded within the Park Development Fund. With the
combined salaries of the Marketing Specialist and the Recreation Superintendent, the
Horticulturist and the Marketing/Special Projects Coordinator can be funded with a
negligible increase to the budget. The result is more efficient use of existing funding
based on current needs.
.
The Horticulturist will be responsible for all landscaping projects within city parks and
high profile public facilities including City Hall and the future library. The Horticulturist
will develop a program to beautify city entryways and medians where possible; develop
a comprehensive plan for our existing natural resources and manage all lakes and
ponds within the parks. Given water conservation efforts and long term drought effects
the Horticulturist will play an important role in selecting plant material that is drought
resistant and environmentally responsible.
The Marketing/Special Projects Coordinator will assume many of the responsibilities of
the Recreation Superintendent with an emphasis on marketing, research and business
development. The position will manage marketing for the Parks and Recreation
Department including brochure development, website coordination and new program
initiatives such as a Park Gifting program and a Park Partner program. The position will
also assist with special events and develop revenue opportunities with an emphasis on
sponsorships and grants.
It is recommended that the Recreation Superintendent position be eliminated, and the
funds be reallocated to fund a Horticulturalist and one half of the Marketing Specialist.
The other half of the Marketing Specialist is already provided for in the Parks and
Recreation Development Fund. The added cost to provide the additional position would
be approximately $2,000. It is further recommended that these two positions be
included in the Parks and Recreation Development Fund.
Retainina Qualitv EmDlovees
.
Building a vibrant community requires working with community partners. North Richland
Hills' most valuable community partner and asset in terms of service delivery are its
employees. Employees play an important role in the achievement of excellence in
delivery of services. Several years ago City Council adopted the Core Values of
34
.
.
.
Respect, Service, Productivity, Innovation, Responsibility, Integrity and Ieamwork.
Since that time, the acronym RSPIRIT has become synonymous with the dedication
that our employees have to serving the citizens of our community. From an
organizational perspective this dedication to the City's Core Values is evident when
reviewing the recent positive results of the citizen satisfaction survey. Bottom line, our
quality employees are the reason excellence in the delivery of services can be
achieved. Quality Employees are also critical in making sure the City Council's Goals
and Objectives are achieved. North Richland Hills has a history of hiring and retaining
skilled, educated and experienced personnel. By continuing to offer a competitive
compensation and benefits program, NRH will further be positioned to attract and retain
exemplary employees. To continue providing competitive benefits and compensation
with limited resources, it is necessary to continue to address rising medical costs and
ensure that the Self Insurance Fund remains sound, as well as providing for the
continuation of a competitive Merit Pay System. Keeping and maintaining a competitive
compensation system requires reviewing the market and cost of living indices.
Health Plan History and Plan Year 2007
In July 2004, City Council held a special work session to discuss significant challenges
facing the City's self-insured health plan. Years of double-digit medical cost increases
and several large catastrophic medical claims had put a strain on the City's Self
Insurance Fund. At that time, a six-year strategy of cost sharing and cost reduction was
approved to slow the growth of the City's health insurance costs. It was important for
employees and the City to partner together to ensure the long-term success of the cost
saving initiatives. This is the third year of the plan adopted by Council to address these
medical costs, and it is apparent that the difficult decisions made over the last three
years are working as intended.
Through June of this year, claim costs are tracking slightly under budget but based on
past claims experience, it is anticipated that expenses will be within the budgeted
amounts. Next year overall medical cost increases are projected to be approximately
9%. Employees will be expected to share in that rise in costs through an increase in
monthly medical premiums. Effective January 2007, medical premium increases will
range from a high of $22 per month to a low of $7 per month depending on the plan and
coverage options chosen. With the increase to the City's and the employee's
contribution, in 2007 it is expected that the funding goal of 200/0 of revenue contributed
through employee medical premiums and 800/0 of revenue contributed by the City will be
attained.
For the second straight year, no changes to the plan design such as increases in co-
pays, deductibles, or out-of-pocket maximums for plan year 2007 are being
recommended. The significant changes to the plan over the last several years are
working to slow the growth of our health care costs.
35
.
Continuation of Merit Pay System
In 1996, the City Council adopted a merit pay for performance system that reinforces
the value of productivity by rewarding those employees that maintain an acceptable
level of performance. Through the Merit Pay System, employees receive an annual
performance evaluation, and those employees who achieve an acceptable rating are
eligible to receive an increase in pay for good job performance. This system was
evaluated by the Compensation and Classification Study that was completed in 2003,
and it was recommended to continue the Merit Pay System as a reward for good job
performance.
After careful consideration and review, the Proposed Budget provides for the
continuation of the Merit Pay System by providing for an increase in pay for all full time
employees that receive an acceptable performance evaluation. Those employees that
do not receive satisfactory evaluations will not be eligible for a salary increase. It is
important to continue the Merit Pay System so that the City continues to provide
incentive and acknowledgement to employees who perform their jobs well. This
benefits North Richland Hills citizens in that they receive good customer service and
quality City services from motivated employees.
Market Adiustment Plan for FY 2006/2007
.
Due to economic considerations, a market adjustment was not included in the
2005/2006 budget; however, a lump sum merit payment was approved for those
individuals who were at the top of their pay range. An analysis of survey data going
back to 2003 shows relatively little movement in the market from 2003 to 2005.
However, recent survey data shows significant movement with pay ranges over the last
12 months. This recent market increase can be attributed to improving economic
conditions as well as employers' attempts to offset rising health care costs that over the
last several years have been passed along to their employees.
It is expected that the 10 surveyed cities will once again increase their pay ranges for all
positions in the Fall of 2006, widening the gap between our midpoint averages and the
market. To recruit and retain quality personnel, it will be necessary to adjust the Public
Safety and General Services pay ranges next fiscal year. Maintaining the Council's goal
of positioning our salary range mid-points at the market average will necessitate greater
consideration than in the past. It is anticipated that to achieve that goal, two
adjustments will be necessary. Included in the 2006/2007 budget are the funds to
provide for two market adjustments in fiscal year 2006/2007. The first adjustment is
recommended for January 2007. This proposed market adjustment is to address and
reflect the market difference that currently exists. The second adjustment in April 2007
will achieve the goal of positioning our salary ranges at the market average. The April
2007 adjustment will reflect the market survey after October 2006 when most other
cities adjust salaries.
.
36
.
.
As in year's past, survey data is coupled with the Employment Cost Index (ECI) to
determine the level of adjustment necessary to move our pay range midpoints to the
market average. The ECI is a component of the National Compensation Survey
compiled by the U.S. Department of Labor every quarter to measure the changes in
compensation costs for both public and private sector employers. Incorporating the
public sector ECI into the pay plan adjustments gives a more accurate picture of how
salaries have changed for all public sector employers while still considering the local
competition that exists among cities to attract quality employees. The most current
survey data and ECI shows that our Public Safety (Police Officers) and General
Services Pay Plans are 5.420/0 and 4.51 % behind the market respectively. Due to parity
between the Police Officer and Fire Fighter positions, Police Officer market data was
used to calculate the market adjustment for the Public Safety Pay Plan. Effective the
first full pay period in January 2007, the Public Safety Pay Plan is proposed to be
adjusted 5.42% and the General Services Pay Plan is proposed to be adjusted 4.510/0.
Due to the differences between the two pay plans (Public Safety Pay Plan being a step
plan and the General Services Pay Plan being an open range plan) the implementation
of the market adjustment will be different. If the recommended market adjustment is
approved, all Public Safety employees will remain on step and their salaries will be
adjusted 5.420/0 in January 2007. The General Services Pay Plan ranges will be
adjusted 4.510/0, while actual employee salaries are recommended to be adjusted 3.10/0,
which is consistent with the most recently published ECI and necessary to address
potential salary compression issues. Only those employees who achieved an
acceptable rating on their last performance evaluation are eligible to receive the market
adjustment. Employees not receiving the market adjustment will have their salaries
frozen and will be eligible for an increase at the time of their next merit review if
performance is acceptable.
To simplify the budget process, most cities adjust their pay ranges October 1 of each
year. To determine additional movement with the market, the Human Resources
Department will conduct its annual benchmark survey of our ten comparison cities in
November 2006. Following the survey, the City will know what additional adjustments
will be necessary to the pay plans in April 2007 to reach the goal of positioning our
salary range mid-points at the market average. Based on the most recent activity as
well as discussions with other cities, it is anticipated that market adjustment in April
2007 will not to exceed 40/0 for the Public Safety Pay Plan and 3% for the General
Services Pay Plan. Due to the differences between the two pay plans as mentioned
above, the implementation of the April 2007 market adjustment for the Public Safety
Pay Plan will be different than the General Services Pay Plan. All Public Safety
employees will remain on step, and their salaries will be adjusted along with the pay
ranges. General Services pay ranges will be brought to the market average with no
further adjustment to individual employee salaries being recommended. Compression
issues that may occur at the bottom of the General Services Pay Plan will be addressed
on an individual basis.
.
North Richland Hills has a history of hiring and retaining skilled, educated and
experienced people. Providing a quality compensation and benefits program is
37
.
.
.
essential to ensuring that continues. Management will continue to evaluate the City's
compensation and benefits program to determine its competitiveness and fairness. As
always, future adjustments will be made in accordance with market movement and
financial considerations.
Financina for Fiscal Year 2006/2007
Although the local economy has been slow to recover, the 2006/2007 proposed budget
is balanced and sound. Overall, the budget will result in the continuation of core
functions at the same high level of service, while expanding some services to plan for
the future and address priorities.
The proposed 2006/2007 budget is based on maintaining the current $0.57 property tax
rate. If approved by Council, this will be the 14th consecutive year for maintaining the
current tax rate. The budget also includes a 1 % increase to sales tax revenues.
Although modest, this increase is a welcome sign that the economy is turning around.
The proposed budget also includes the 2nd year implementation of the Utility Rate
Study. The Study, approved by Council and implemented In December 2005, included
a three year phased plan. Below are the rates according to the approved plan. The
rates were established to meet the revenue requirements for the system's operation and
maintenance costs.
Water Current 2007 2008
Base $9.05 $9.12 $9.30
Volume $2.51 $2.58 $2.69
Sewer Current 2007 2008
Base $7.22 $7.27 $7.27
Volume $1.17 $1.17 $1.17
In addition, the City anticipates an increase in the Fort Worth/Trinity River Authority
water and sewer pass through rates in fiscal year 2006/2007. Costs associated with
payments to Fort Worth and TRA are not controllable by the City; and therefore are
calculated separately.
The revenue estimates for Iron Horse are based on increased play at the golf course as
a result of the new greens and do not include a cost per round increase. The cost per
round will continue to be evaluated, and it may be necessary to make some
adjustments during the fiscal year.
NRH20 revenue estimates include a $1 increase in per ticket gate admissions.
Resident ticket prices for the 2007 season will be $10.99 for adults and $9.99 for
children. Non-resident ticket prices will be $19.99 for adults and $16.99 for children.
The proposed increase was recommended in the NRH20 Strategic Plan.
38
.
.
.
The development of natural gas on both private and City property will provide a source
of revenue in the coming year. It is anticipated that the City will receive additional
bonus money as well as lease revenue. The budget also includes allocation of
revenues to the General Fund and the Golf Course Fund in accordance with the Policy
on Uses of Revenues from Gas Exploration/Production approved by Council in June
2006.
Staff will continue to seek new outside revenue sources including grants and increased
donations for the Library Book Fund and the Animal Adoption and Rescue Center
Expansion Fund.
Summary and Conclusion
Department Directors along with the Finance and Budget Departments and City
Management Team have put a great deal of time and effort into preparing a balanced
budget, maintaining a stable tax rate and implementing the City Council's Goals and
Objectives. We are grateful for their dedication and teamwork. We could not have met
the challenges and presented a sound budget document without their cooperation and
efforts. We also appreciate our many community partners who continue to work hand in
hand with the City to help us build a vibrant community. The City Council should also be
commended for its leadership and vision. The Council's Goals and Objectives are the
driving force that ensures the City will continue to maintain the high quality of life that
our residents enjoy.
It is being recommended that the City make some adjustments to the revised 2005/2006
Budget to address some of our highest priorities and needs identified in the 2005
Citizen Survey. These include:
· Upgrading the recording and broadcasting equipment in the City Council Chambers;
· Initiating a sustainable development planning study;
· Establishing reserves for future rail station development;
· Initiating a post employment benefits study;
· "A Helping Hand" and Improving our Neighborhoods; and
· Improving online services.
Through careful planning and prioritizing, we have also been able to recommend the
following service enhancements in the 2006/2007 budget:
· Expanding the Preventive Street Maintenance Program;
· Studying and designing a municipal wireless network;
· Improving the monitoring capabilities and efficiency of our wastewater system;
· Improving our aging and expanding NRH20 Water Park; and
· Restructuring Parks and Recreations positions to enhance marketing and
beautification efforts.
39
.
To provide the highest level of services to the community, it is imperative for the City to
continue to retain quality employees. Therefore, in 2006/2007 the Merit Pay Program
will continue as established by the City Council to provide incentive and
acknowledgement to employees who perform their jobs well. We will also include a
market adjustment in FY 2006/2007 to remain competitive and retain the quality
employees that North Richland Hills is well known for. The Employee Medical Plan will
not change, but premiums to employees will increase in accordance with our six-year
strategy for cost sharing and cost reduction.
In the coming year we are also planning for increases in the cost of electricity, gasoline,
building materials and other products that the City must purchase. We will absorb as
much of the cost increases as possible by increasing efficiency and using our building,
vehicles and materials wisely.
While we anticipate a 4% overall increase in spending for 2006/2007, our careful
budgeting and planning will allow us to maintain the current 57¢ tax rate for the 14th
year in a row.
With a City Council committed to excellence, dedicated community partners, and
employees with a desire to achieve their best and excel, it is little wonder why North
Richland Hills continues to prosper and be the City of Choice to Live, Work and Play.
.
Respectfully submitted,
Larry J. Cunningham
City Manager
.
40
.
.
.
FISCAL YEAR 2006-2007
SCHEDULE 1 - SUMMARY OF REVENUES AND EXPENDITURES
GENERAL FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
REVENUES
Taxes $22,954,899 $22,992,879 $23,643,996 $23,917,526 $24,472,078
Fines & Forfeitures 1,775,902 1,787,359 1 ,825,473 1,949,473 2,014,500
Licenses & Permits 1,606,447 1,641,665 1,515,900 1,841,624 1,674,250
Charges for Service 1,831,681 2,009,019 1,991,333 2,055,768 2,186,970
Intergovernmental 3,164,230 3,280,884 3,198,934 3,198,934 3,380,461
Miscellaneous 275,320 569,190 566,551 727,194 757,747
Sub-Total Revenues $31,608,479 $32,280,996 $32,742,187 $33,690,519 $34,486,006
Appropriation from Fund Balance
Legal Settlement $0 $650,000 $650,000 $650,000 $0
Insurance Reserves 0 347,250 103,800 103,800 109,800
Previous Year Encumbrances 0 0 0 462,654 0
TOTAL REVENUES $31,608,479 $33,278,246 $33,495,987 $34,906,973 $34,595,806
EXPENDITURES
City Council $157,044 $82,833 $132,513 $132,513 $135,252
City Manager 501 ,894 484,804 492,109 492,535 521 , 123
Communications 475,648 424,237 475,571 476,446 485,200
City Secretary 405,550 420,087 437,924 428,690 455,137
Legal 637,012 462,578 498,783 498,783 529,132
Human Resources 99,506 99,902 124,368 116,829 117,189
Finance 733,335 709,500 746,104 744,563 787,291
Budget & Research 315,230 314,397 326,092 326,275 343,573
Municipal Court 993,477 1,000,643 1,042,381 1,065,148 1,056,030
Planning and Development 819,329 804,197 910,957 872,834 975,924
Economic Development 95,501 96,995 121,958 104,013 121,486
Library 1,457,168 1 ,469,798 1 ,483,233 1,436,532 1,553,635
Neighborhood Services 1 ,262,090 1,209,375 1,412,144 1,386,129 1,465,900
Public Works 2,278,244 2,727,713 2,863,329 2,810,513 3,301,579
Parks & Recreation 2,346,225 2,287,071 2,352,209 2,339,914 2,476,307
Police 8,540,424 8,512,867 8,936,054 8,861,384 9,263,427
Fire 7,330,422 7,708,798 8,254,581 8,251,590 8,393,570
Building Services 845,124 787,377 629,196 629,196 460,656
Non-Departmental 868,304 506,757 947,563 1,139,434 1,028,491
Sub-Total Departments $30,161,527 $30,109,929 $32,187,069 $32,113,321 $33,470,902
Reserves & Other EXDenditures
Reserve for Capital Improvements $550,000 $200,000 $100,000 $600,000 $50,000
Lump Sum Merit 0 0 92,594 0 0
Market Adjustment 0 0 0 0 620,395
Legal Settlement 0 650,030 650,000 650,000 0
Reserve for Self Insurance Fund 0 347,250 103,800 103,800 109,800
Reserve for Equipment Services Fund 0 0 0 200,000 0
Previous Year Encumbrances 462,654
Sub-Total Reserves and Other $30,711,527 $31 ,307,209 $33,133,463 $34,129,775 $34,251,097
Proposed Service Enhancements 490,451 318,739
TOTAL EXPENDITURES $30,711,527 $31,307,209 $33,133,463 $34,620,226 $34,569,836
BALANCE $896,952 $1,971,037 $362,524 $286,747 $25,970
41
.
.
.
FISCAL YEAR 2006-2007
SCHEDULE 2 - SUMMARY OF REVENUES
GENERAL FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004105 FY 2005/06 FY 2005/06 FY 2006/07
TAXES
Current Property Taxes $9,720,352 $10,278,342 $11,233,002 $11,233,002 $11,626,886
Delinquent Property Taxes 280,075 232,207 150,000 150,000 150,000
Penalty and Interest 160,925 169,005 100,000 120,000 110,000
Franchise Fees 3,592,682 3,541,130 3,400,000 3,627,994 3,694,762
Utility Fund Franchise Taxes 558,976 615,871 618,787 609,525 620,983
Sales Taxes 8,215,869 7,711,454 7,722,225 7,722,225 7,799,447
Mixed Beverages 107,164 115,143 110,000 110,000 110,000
Payment in Lieu of Taxes 318,856 329,727 309,982 344,780 360,000
Sub-Total $22,954,899 $22,992,879 $23,643,996 $23,917,526 $24,472,078
FINES AND FORFEITURES
Municipal Court Fines $1,481,248 $1,490,014 $1,516,473 $1,629,473 $1,680,500
Library Fines 60,561 63,252 60,000 60,000 64,000
Warrant & Arrest Fees 234,093 234,093 249,000 260,000 270,000
Sub-Total $1,775,902 $1,787,359 $1,825,473 $1,949,473 $2,014,500
LICENSES AND PERMITS
Building Permits $669,572 $778,535 $650,000 $812,500 $750,000
Electrical Permits 57,946 70,059 60,000 70,000 70,000
Plumbing Permits 72,925 90,962 73,000 87,500 80,000
Mechanical Permits 49,697 52,435 44,000 55,000 55,000
Gas Drilling Permits 0 ° 0 15,000 25,000
Miscellaneous Permits 79,180 69,147 66,250 67,250 66,050
Apartment Inspection Fees 47,641 69,781 81,500 71,174 83,000
Curb & Drainage Insp. Fees 100,192 46,212 60,000 115,000 60,000
Re-Inspection Fees 17,940 15,540 14,000 18,000 15,000
License Fees 15,500 13,772 14,000 14,000 14,000
Contractor Registration Fees 83,334 76,328 70,000 73,000 73,500
Plan Review/Application Fee 94,275 51 ,243 45,000 98,000 50,000
Animal License/Adoption Fees 72,079 60,139 74,250 65,000 65,500
Animal Control Impoundment 56,163 65,956 78,000 76,000 65,000
Crematorium Revenues 5,021 1 ,456 4,200 15,000 16,000
Auto Impoundment Fees 15,371 11,955 15,000 15,000 15,000
Food Service Permits 101,660 103,978 101,000 101,000 102,000
Food Managers School 15,720 18,014 15,000 15,000 16,000
Fire Inspection/Alarm Fees 20,132 12,821 16,500 24,000 18,800
Publicity Fees - Recreation 32,099 33,332 34,200 34,200 34,400
Sub-Total $1,606,447 $1,641,665 $1,515,900 $1,841,624 $1,674,250
42
FISCAL YEAR 2006-2007
. SCHEDULE 2 - SUMMARY OF REVENUES
GENERAL FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2003/04 FY 2004/05 FY 2005/06 FY 2006/07
CHARGES FOR SERVICE
Park Facility Rental $6,620 $5,865 $5,740 $5,800 $5,800
Recreation Center Rental 11 ,222 10,859 14,120 12,000 12,000
Ambulance Fees 932,246 1,073,923 1,036,350 1,151,285 1,262,680
Garbage Billing 235,236 232,039 230,000 230,000 232,000
Contributions 10,000 1 0,000 1 0,000 1 0,000 10,000
Maps & Codes 126 22 150 100 100
Recreation Fees 355,401 381 ,280 421,717 380,600 387,400
Cultural Arts 14,129 7,542 7,000 7,000 7,500
Athletic Revenue 126,120 124,887 126,606 1 05, 1 00 107,600
Recreation Special Events 8,586 17,288 14,500 14,883 14,890
Planning & Zoning Fees 30,364 42,522 30,000 34,000 32,000
Sale of Accident Reports 27,619 24,850 25,000 24,000 25,000
Vital Statistics 56,676 59,661 53,000 65,000 75,000
Mowing 16,811 18,265 17, 150 16,000 15,000
Video Services & Sales 525 16 0 0 0
Sub-Total $1,831,681 $2,009,019 $1,991,333 $2,055,768 $2,186,970
INTERGOVERNMENTAL
. Indirect Costs:
General CIP $105,000 $155,000 $155,000 $155,000 $155,000
Utility Fund 1,222,164 1,283,271 1 ,347,435 1,347,435 1,414,807
Park & Rec Facilities Dev. Corp. 241 ,582 253,659 261 ,269 261 ,269 274,332
.Crime Control District 401,940 401,941 300,000 300,000 200,000
Aquatic Park Fund 90,084 94,588 97,426 97,426 102,297
Direct Costs:
General Fund Police Salaries 1,103,460 1,092,425 1,037,804 1,037,804 934,024
Gas Development Fund 0 0 0 0 300,000
Sub-Total $3,164,230 $3,280,884 $3,198,934 $3,198,934 $3,380,461
MISCELLANEOUS
Interest Income $66,181 $223,514 $285,000 $445,000 $480,000
Sale of City Property 3,286 9, 1 09 0 0 0
Grant Proceeds-Crime Justice 6,955 0 12,000 15,125 1 0,000
Grant Proceeds-CDBG 49,874 51,302 25,000 22,369 20,047
Overtime Reimbursements 11 ,698 13,257 7,000 8,000 8,000
Tax Attorney Fees 79,756 68,528 50,000 50,000 50,000
Other Income 44,012 41 , 186 37,551 36,700 39,700
Special Invest. Fund Loan Payment 13,558 7,211 0 0 0
SRO Reimbursement (BISD) 0 155,083 150,000 150,000 150,000
Sub-Total $275,320 $569,190 $566,551 $727,194 $757,747
APPROPRIATION FROM FUND BALANCE
Legal Settlement $0 $650,000 $650,000 $650,000 0
Insurance Reserve 0 347,250 103,800 103,800 109,800
. Previous Year Encumbrances 0 0 0 462,654 0
TOTAL REVENUES $31,608,479 $33,278,246 $33,495,987 $34,906,973 $34,595,806
43
FISCAL YEAR 2006-2007
. SCHEDULE 3 - SUMMARY OF EXPENDITURES
GENERAL FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
City Council $157,044 $82,833 $132,513 $132,513 $135,252
City Manager $501,894 $484,804 $492,109 $492,535 $521,123
Communications
Public Information $201,645 $179,757 $197,210 $197,453 $203,140
Citicable 274,003 244,480 278,361 278,993 282,060
Total Communications $475,648 $424,237 $475,571 $476,446 $485,200
City Secretary
City Secretary $231 , 198 $238,716 $248,261 $238,662 $257,477
Record Management 174,352 181,371 189,663 190,028 197,660
Total City Secretary $405,550 $420,087 $437,924 $428,690 $455,137
Legal $637,012 $462,578 $498,783 $498,783 $529,132
Human Resources $99,506 $99,902 $124,368 $116,829 $117, 189
Finance
Accounting & Administration $509,375 $482,260 $513,393 $510,318 $54 7,245
. Purchasing 223,960 227,240 232,711 234,245 240,046
Total Finance $733,335 $709,500 $746,104 $744,563 $787,291
Budget & Research
Budget $80,641 $78,602 $93,795 $93,886 $96,345
Tax 202,193 197,043 191,940 191,971 205,207
Internal Audit 32,396 38,752 40,357 40,418 42,021
Total Budget & Research $315,230 $314,397 $326,092 $326,275 $343,573
Municipal Court
Ad min istration/Prosecution $289,995 $271,064 $273,711 $315,139 $275,377
Court Records 286,482 305,308 328,598 311,364 322,240
Warrants 288,200 284,617 296,998 296,747 309,336
Teen Court 54,643 57,073 60,863 60,405 63,651
Judicial 74,157 82,581 82,211 81 ,493 85,426
Total Municipal Court $993,477 $1,000,643 $1,042,381 $1,065,148 $1,056,030
Planning and Development
Administration $0 $0 $55,088 $55,149 $81 ,462
Inspections 585,520 616,703 594,356 555,807 611,628
Planning 233,809 187,494 261,513 261 ,878 282,834
Total Planning and Development $819,329 $804,197 $910,957 $872,834 $975,924
Economic Development $95,501 $96,995 $121,958 $104,013 $121,486
Library
General Services $185,990 $188,535 $191,110 $141,915 $200,754
Public Services 687,894 684,807 667,689 668,380 699,622
. Technical Services 583,284 596,456 624,434 626,237 653,259
Total Library $1,457,168 $1,469,798 $1,483,233 $1,436,532 $1,553,635
44
.
.
.
FISCAL YEAR 2006-2007
SCHEDULE 3 - SUMMARY OF EXPENDITURES
GENERAL FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2003/04 FY 2004/05 FY 2005/06 FY 2006/07
Neighborhood Services
Neighborhood Resources $264,115 $246,527 $273,852 $272,470 $289,940
Humane Division 566,610 497,983 600,565 578,526 613,455
Consumer Health 228,428 241,796 262,564 271,045 271 ,485
Code Enforcement 202,937 223,069 275,163 264,088 291,020
Total Neighborhood Services $1,262,090 $1,209,375 $1,412,144 $1,386,129 $1,465,900
Public Works
General Services $130,039 $138,875 $147,084 $147,267 $153,471
Traffic Control 844,897 869,189 853,690 853,605 1,047,996
Street & Drainage 1 ,303,308 1,719,649 1,862,555 1,809,641 2, 1 00, 112
Total Public Works $2,278,244 $2,727,713 $2,863,329 $2,810,513 $3,301,579
Park & Recreation
General Services $151,787 $99,057 $116,329 $116,451 $122,165
Parks Maintenance 993,944 967,421 1,000,550 1,002,880 1 , 131 ,061
Recreation Services 750,244 781,213 755,043 745,269 730,240
Athletic Program Services 195,958 182,278 202,792 202,914 201,323
Senior Adult Services 142,890 145,934 152,188 152,550 158,944
Youth Outreach & Cultural 111 ,402 111 , 168 125,307 119,850 132,574
Total Park & Recreation $2,346,225 $2,287,071 $2,352,209 $2,339,914 $2,476,307
Police
General Services $463,298 $416,754 $489,615 $492,269 672,997
Administrative Services 571,130 610,197 613,377 619,420 545,127
Criminal Investigation 1,731,717 1 ,685,522 1,772,731 1,675,760 1,799,025
Uniform Patrol 3,732,267 3,813,076 3,990,149 4,021,954 4,020,762
Tactical Unit 27,925 25,275 19,759 25,792 21,095
Technical Services 769,422 702,253 722,885 721,308 576,369
Detention Services 350,152 369,768 379,635 372,673 387,048
Property Evidence 114,921 123,467 121,469 120,979 347,638
Communications 779,592 766,555 826,434 811,229 893,366
Total Police $8,540,424 $8,512,867 $8,936,054 $8,861,384 $9,263,427
Fire Department
General Services $261 ,899 $268,998 $288,266 $289,338 $294,266
Operations 5,589,230 5,960,877 6,460,847 6,424,606 6,558,821
Emergency Medical 694,242 773,182 789,418 794,047 790,477
Fire Inspections 374,887 413,434 397,649 415,675 418,633
Emergency Management 410,164 292,307 318,401 327,924 331 ,373
Total Fire $7,330,422 $7,708,798 $8,254,581 $8,251,590 $8,393,570
Building Services $845, 124 $787,377 $629,196 $629,196 $460,656
Non-Departmental $868,304 $506,757 $947,563 $1,139,434 $1,028,491
Sub-Total Departments $30,161,527 $30,109,929 $32,187,069 $32,113,321 $33,470,902
45
FISCAL YEAR 2006-2007
. SCHEDULE 3 - SUMMARY OF EXPENDITURES
GENERAL FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
Reserves & Other EXDenditures
Reserve for Capital Improvements $550,000 $200,000 $100,000 $600,000 $50,000
Lump Sum Merit $0 $0 $92,594 $0 $0
Market Adjustment $0 $0 $0 $0 $620,395
Legal Settlement $0 $650,030 $650,000 $650,000 $0
Reserve for Self Insurance Fund $0 $34 7,250 $103,800 $103,800 $109,800
Reserve for Equipment Services Fund $0 $0 $0 $200,000 $0
Previous Year Encumbrances $462,654
Sub-Total Reserves and Other $550,000 $1,197,280 $946,394 $2,016,454 $780,195
Proposed Service Enhancements
Recording and Broadcast Equipment Upgrades $86,712
Sustainable Development & Planning $85,000
. Designated Reserve for Rail Station Development $200,000
Improving Our Neighborhoods
Neighborhood Initiative Program Expansion $45,000 $45,000
Litter Not Program Creation $12,500 $12,500
Neighborhood Looks Program Creation $7',500 $7,500
Assisting Those In Need - Utility Bill Assistance $53,739 $53,739
Expansion of Street Maintenance Program $200,000
Sub-Total Enhancements $490,451 $318,739
TOTAL EXPENDITURES $30,711,527 $31 ,307,209 $33,133,463 $34,620,226 $34,569,836
BALANCE $896,952 $1,971,037 $362,524 $286,747 $25,970
.
46
.
.
.
FISCAL YEAR 2006-2007
SCHEDULE 4 - SUMMARY OF PROPERTY TAX REVENUE AND DISTRIBUTION
NET TAXABLE VALUE:
Total Appraised Value as of July 25,2006
Less Exemptions:
Disabled Veteran
Over 65
Homestead
Disabled Persons
Less: Personal Property Nominal Value Loss
Abatement Value Loss
Agricultural Value Loss
Freeport Inventory Value Loss
Pollution Control/Prorated Absolute
Total Reduction to Values
Add: Estimated Minimum ARB protested values
Incomplete Property
NET TAXABLE VALUE
ESTIMATED PROPERTY TAX COLLECTIONS:
Net Taxable Value
Proposed Tax Rate per $100 Valuation
Estimated Total Tax Levy at 1000/0 Collection
Less Estimated 1 % for Uncollectables
Less TIF Transfer
Less Debt Service Transfer
TOTAL ESTIMATED PROPERTY TAX
COLLECTIONS(Operations) 99%
TAX RATE DISTRIBUTION SCHEDULE:
General Fund - Maintenance & Operations
Debt Service Fund
0/0 of Total
Tax Rate
60.50/0
39.50/0
1 000/0
TOTAL DISTRIBUTION OF TAX RATE
DISTRIBUTION OF ESTIMATED TAX REVENUE:
Transfer to Debt Service Fund
General Fund - Maintenance & Operations
TOTAL ESTIMATED TAX REVENUE
100%
Collection
7,599,612
11,821,093
$19,420,705
$3,702,790,851
(3,585,728)
(106,028,263)
(290,511,850)
(9,938,123)
(400 )
o
(7,929,335)
(2,852,516)
(515,140)
($421 ,361 ,355)
74,379,549
51,332,154
$3,407,141,199
$3,407,141,199
$0.57
$19,420,705
(194,207)
(849,195)
(6,750,417)
$11,626,886
Tax Rate
Distribution
$0.344697
$0.225303
$0.57000
Projected
Collection
7,599,612
11,626,886
$19,226,498
47
FISCAL YEAR 2006-2007
. SCHEDULE 5 - SUMMARY OF REVENUES AND EXPENDITURES
GENERAL DEBT SERVICE FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
Beginning Balance $1,856,983 $1,923,180 $1,677,942 $1,726,095 $1,930,641
REVENUES
General Debt Service Taxes $6,710,540 $6,862,025 $6,679,223 $6,679,223 $6,750,417
TIF #1 and #2 Taxes 441,768 550,780 683,092 678,548 849,195
Sub-Total Ad Valorem Taxes $7,152,308 $7,412,805 $7,362,315 $7,357,771 $7,599,612
Transfer In From:
Drainage Utility $732,414 $730,767 $711,368 $714,451 $707,186
Park & Rec. Facilities Dev. Corp. 218,744 212,196 205,425 206,486 191,919
Miscellaneous 0 0 0 0 0
Information Services Fund 0 0 0 0 0
Equipment Services Fund 101,816 102,648 98,353 98,353 270,426
Building Services Fund 44,905 43,607 42,309 43,808 40,703
Bond Refunding Proceeds 3,815,000 0 0 8,245,000 0
I nterest Income 41,744 50,000 50,000 50,000 50,000
City of Watauga, CIP Participation 19,785 19,785 19,785 19,785 19,785
. TOTAL REVENUES $12,126,716 $8,571,808 $8,489,555 $16,735,654 $8,879,631
EXPENDITURES
Existing Bonds & C.O. 's $7,777,871 $8,209,921 $7,478,951 $7,508,694 $7,811,729
TIF #1 and #2 Funding 441,768 550,780 683,092 678,548 849,195
Issuance Costs/Paying Agent Fees 146,494 8,192 110,200 243,700 104,600
Bond Refunding Escrow Payment 3,694,386 0 0 8,100,166 0
TOTAL EXPENDITURES $12,060,519 $8,768,893 $8,272,243 $16,531,108 $8,765,524
NET REVENUE $66,197 ($197,085) $217,312 $204,546 $114,107
ENDING BALANCE $1,923,180 $1,726,095 $1,895,254 $1,930,641 $2,044,748
.
~o
FISCAL YEAR 2006-2007
. SCHEDULE 6 - SUMMARY OF REVENUES AND EXPENDITURES
PARK AND RECREATION FACiliTIES DEVELOPMENT FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
REVENUES
Sales Tax $4,107,934 $3,855,727 $3,861,112 $3,861,112 $3,899,723
Interest Income 71,415 91 ,236 86,000 86,000 78,375
Youth Assn. Maintenance Fees 28,798 23,805 28,500 29,000 29,000
Tennis Center Revenue 289,375 280,505 310,750 294,750 302,550
Other Income 132,296 215,107 0 0 0
Appropriation - PY Encumbrances 0 0 0 46,994 0
TOTAL REVENUES $4,629,818 $4,466,380 $4,286,362 $4,317,856 $4,309,648
EXPENDITURES
ODeratina
Park Facilities Development Admin. $413,202 $271,649 $494,435 $451 , 188 $452,322
Parks & Public Grounds 897,424 1,138,096 1,310,632 1,313,065 1,503,978
Tennis Center Operations 435,514 434,607 491,085 478,042 517,731
Sub-Total $1,746,140 $1,844,352 $2,296,152 $2,242,295 $2,474,031
Other & Reserves
Debt Service - Revenue Bonds $1,151,008 $1,143,171 $1,002,823 $1,002,823 $1,138,083
. Debt Service - CO's 218,744 212,196 205,425 205,425 191,919
Indirect Costs 241 ,582 253,659 261 ,269 261 ,269 274,332
Market Adjustment 0 0 0 0 22, 116
Non-Departmental 0 12,859 13,450 13,450 14,181
Reserve for Economic Development 0 250,000 193,056 193,056 194,986
Reserve for Capital Projects 1 ,272,344 750,143 314,187 352,544 0
Sub-Total $2,883,678 $2,622,028 $1,990,210 $2,028,567 $1,835,617
Previous Year Encumbrances 46,994
TOTAL EXPENDITURES $4,629,818 $4,466,380 $4,286,362 $4,317,856 $4,309,648
BALANCE $0 $0 $0 $0 $0
.
49
.
1 e
2.
. 3.
4.
5.
.
August 28, 2006
Honorable Mayor and Members of the City Council
Crime Control & Prevention District Board of Directors
City of North Richland Hills
North Richland Hills, Texas
The Crime Control and Prevention District was originally approved by voters in February
1996 establishing the district for five years. The voters approved a district Board of
Directors that is made up of seven City Council members. A continuation referendum
was held on May 5, 2001, re-authorizing the District for 10 years. Continuation of the
collection of a half-cent sales tax was approved as the funding mechanism by which the
City would provide improved Police services to the citizens of North Richland Hills.
Goals and Strategies of the District include:
Reduce response time to calls for service;
Reduce occurrence of call stacking;
Increase officer visibility;
Enhance crime-fighting tools through new equipment and updated technology;
Reduce gang-related activity.
To accomplish these goals the following resources were provided:
1. Addition of sworn and support personnel;
2. Upgrading of compensation plan to retain and attract highly qualified police
personnel;
3. New Equipment - vehicles and computers;
4. Necessary training and other operating costs.
When the District was implemented, the District Board and the City Council indicated
that future increases in operating expenses for the Police Department and any
additional programs or services would be paid by the Crime Control District so that
improved Police services would not adversely impact the property tax rate.
In July of 1996, the District began collecting sales tax. At that time a Transition Reserve
was established to lessen the impact in the event the continuation referendum did not
pass in 2001. The City will continue with the Transition Fund as a reserve for operations
50
.
in the event that the District is not reauthorized in 2011. The estimated accumulated
Reserve for Transition as of September 30, 2006 will be approximately $1.8 million.
ACCOMPLISHMENTS
Since July 1996, many positive results have been realized in answer to the goals
established by the District.
· The department responded to 114,OS8 calls for service in fiscal year 200S as
compared to 91 ,291 calls for service in fiscal year 1996, a 2S% increase.
· Total arrests in 200S were up from 1996 by 1,S64, a 49% increase.
· Total charges in 200S were up from 1996 by 4,843, a 61 % increase.
· During 200S, Part I Crimes have decreased 12% over 2004.
· Total traffic violations issued were up by 17% from 1996 through 200S.
· Average response times for priority 1 calls have decreased by 4 minutes and 18
seconds from 1996 through June 30, 2006.
.
· During 200S case clearance rates were 370/0 for all crimes combined.
RESOURCES ADDED TO THE POLICE DEPARTMENT TO DATE
Because of the Crime Control District, the City has been able to add resources for
police services since 1996 in the following areas:
1. $20.1 million to pay for salaries and benefits for 4S new police personnel,
including 27 police officers, two detectives, 16 support personnel, and an
upgraded compensation plan for all sworn police personnel.
2. Funding for a new $1.8 million Public Safety Computer System ($1.1 million
funded by C.C.D.).
3. Approximately $300,000 for other capital projects such as renovations of the
dispatch area and improvements to the Police Property and Evidence Project.
4. Funding in the amount of $1.S million for 2S new vehicles, 12 refurbished
vehicles and vehicle replacement.
S. Funding of $310,000 for radios and crime scene equipment.
2006/2007 PROPOSED BUDGET
The 2006/2007 Crime Control and Prevention District budget provides for the
. continuation of the upgraded compensation plan and salaries and benefits, supplies,
51
.
training, equipment maintenance for 45 police personnel including 27 police officers,
two detectives and 16 support staff.
Given the current state of the economy and the decline in sales tax revenues, there are
no new programs proposed in the 2006/2007 Crime Control and Prevention District
Budget.
Transition Fund
It is recommended that the CCD Transition Fund remain intact over the ten-year
life of the District. The goal is to add to the fund so that a balance of
approximately $3.4 million or two-thirds of projected operations for one year is
available at the end of the ten-year referendum period. In fiscal year 2001, the
City Council established a policy that the Transition Fund not be used to
supplement on-going operations, but may be borrowed from time to time to pay
for one-time purchases of capital items. Given the continued decline in sales tax
revenues, there is a need to utilize the Transition Reserve Fund to assist with
operations in 2006/2007. To this end we will deviate from this policy with the
understanding the Transition Fund will be replenished as the economy improves.
We believe that this reflects prudent use of these funds.
.
Through prudent management of budget expenditures, the revised 2005/2006
CCD budget includes a decrease in the loan of $118.071. The City Council
approved a loan from the Transition Fund in the current year budget of $957,972.
The decrease in the loan from the Transition Fund to assist with operations was
possible because of salary savings from position vacancies. The olanned loan
from the Transition Fund for 2006/2007 is $782.482 a decrease from the
2005/2006 adooted budaet. Again, using the Transition Fund to assist with
operations is an exception to the policy established by the City Council that will
not be continued as the economy improves; however, deviation from this policy is
necessary because of the economic downturn. As this is a loan, the Transition
Fund will be replenished in the future so the long term funding goal is not
jeopardized.
SUMMARY
.
Many accomplishments have been achieved with the addition of the half-cent sales tax
for the Crime Control and Prevention District. Improvements have been made in
handling criminal and other police service increases. Positive impacts have been made
in response times, and reductions of burglaries and auto·thefts have resulted. A state of
the art computer system has been acquired and installed to provide officers the ability to
respond, conduct investigations and communications, and retrieve critical information in
a more timely and efficient manner. A significant improvement in our compensation
plan was provided through this funding that has not only helped retain quality police
professionals, but also to attract quality personnel. The establishment of a Transition
Fund, projected at $1.8 million in 2006, will provide a sound financial basis in future
planning. A ten-year plan has been established that includes provisions for the salary
52
.
.
I.
plan, and funds for vehicle replacement through the end of the referendum in 2011. The
target balance of the transition fund at the end of the ten year referendum is
approximately $3.4 million. We are optimistic that sales tax revenues will rebound in the
future, thus allowing us to rebuild the transition reserve closer to the level of our goal of
2/3 of annual expenditures.
We estimate sales tax numbers to be up slightly in the coming year, and will monitor
collections closely adjusting the CCD budget as appropriate.
For the coming year, the following ongoing efforts to continue originally stated goals are
recommended:
· Comprehensive Evaluation of Crime Control District Mission, Accomplishments,
Operations and Programs;
· Planning for Future Needs;
· Fleet Assessment;
We appreciate the opportunity that the voters have given us to continue this Crime
Control and Prevention District program. You have entrusted us to be good stewards of
these funds, and use them in the most cost effective manner to accomplish the Goals of
the City Council. We look forward to working with you in the coming years to make this
the most successful program possible.
Respectfully submitted,
Larry J. Cunningham
City Manager
53
FISCAL YEAR 2006-2007
. SCHEDULE 7 - SUMMARY OF REVENUES AND EXPENDITURES
CRIME CONTROL AND PREVENTION DISTRICT
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
REVENUES
Sales Tax $4,153,671 $3,663,173 $3,709,661 $3,709,661 $3,746,758
Interest Income 51 ,444 60,708 35,000 98,000 94,000
Other Income 20,970 9,725 0 0 0
Appropriation - PY Encumbrances 0 0 0 8,244 0
Loan from Transition Fund 119,335 671,038 957,972 831,657 782,482
TOTAL REVENUES $4,345,420 $4,404,645 $4,702,633 $4,647,562 $4,623,240
EXPENDITURES
ODeratina
Administration $7,212 $6,739 $7,222 $7,222 $63,756
Administrative Services 488,898 416,009 535,138 539,590 476,462
Investigations 255,774 269,038 285,407 284,755 297,015
Uniform Patrol 1,489,898 1,502,465 1,828,267 1 ,802,829 1,876,810
Technical Services 214,803 218,153 246,295 223,951 251,949
Detention Services 258,024 234,520 298,017 293,913 318,080
Property Evidence 44,085 49,328 54,279 53,821 94,71 0
Communications 11 ,254 10,712 11,797 11 ,797 11 , 133
Transfer to Equipment Services 0 100,000 25,000 25,000 25,000
. Sub-Total $2,769,948 $2,806,964 $3,291,422 $3,242,878 $3,414,915
Other & Reserves
I ndirect Costs $401,940 $401,941 $300,000 $300,000 $200,000
Police Dept. Salary Increases-General 1,103,460 1,092,425 1,037,804 1,037,804 934,024
Child Advocacy Center 14,995 16,590 16,590 16,590 16,590
Special Investigation Loan 55,077 52,665 0 0 0
Other 0 34,060 42,046 42,046 43,989
Market Adjustment 0 0 0 0 13,722
Lump Sum Merit 0 0 14,771 0 0
Sub-Total $1,575,472 $1,597,681 $1 ,411 ,211 $1,396,440 $1,208,325
Previous Year Encumbrances $8,244
TOTAL EXPENDITURES $4,345,420 $4,404,645 $4,702,633 $4,647,562 $4,623,240
BALANCE $0 $0 $0 $0 $0
.
54
FISCAL YEAR 2006-2007
. SCHEDULE 8 - SUMMARY OF REVENUES AND EXPENDITURES
PROMOTIONAL FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
REVENUES
Occupancy Tax Proceeds $172,198 $191,848 $174,900 $174,900 $174,900
I nterest Income 3,374 4,174 2,275 5,460 5,215
Other Income 360 40 100 50 50
Appropriation of Fund Balance 56, 111 27,267 56, 138 53,216 36,097
Appropriation - PY Encumbrances 0 0 0 1 ,000 0
TOTAL REVENUES $232,043 $223,329 $233,413 $234,626 $216,262
EXPENDITURES
Economic Development $232,043 $223,146 $233,217 $233,430 $214,930
Market Adjustment 0 0 0 0 1,131
Non-Departmental 0 183 196 196 201
Sub-Total $232,043 $223,329 $233,413 $233,626 $216,262
Previous Year Encumbrances 1 ,000
TOTAL EXPENDITURES $232,043 $223,329 $233,413 $234,626 $216,262
. BALANCE $0 $0 $0 $0 $0
.
55
FISCAL YEAR 2006-2007
. SCHEDULE 9 - SUMMARY OF REVENUES AND EXPENDITURES
SPECIAL INVESTIGATION FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
REVENUES
Federal Forfeited Funds $32,903 $19,496 $20,000 $16,753 $20,000
State Forfeited Funds 11 ,894 49,302 20,000 23,000 20,000
Municipal Forfeitures 2,272 1,319 1 ,000 1 ,000 1 ,000
MDT Reimbursements 65,945 13,884 27,825 21,919 0
AFIS Reimbursements 12,157 12,157 12,157 1 0,641 32,668
Radio System Reimbursements 236,603 301,340 325,000 286,000 286,000
Interest Income 5,680 11 ,418 3,650 17,440 16,000
Contribution from CCD 55,077 52,665 0 0 0
Other Income 5,997 4,191 700 1 ,430 700
Appropriation - PY Encumbrances ° ° 0 1 ,514 0
Appropriation of Fund Balance ° 0 0 0 19,913
TOTAL REVENUES $428,528 $465,772 $410,332 $379,697 $396,281
EXPENDITURES
Forfeited Funds $25,721 $21,631 $13,200 $13,200 $32,000
MDT Maintenance & Equipment 55,613 46,804 27,825 27,825 °
Radio Maintenance 277,041 297,305 325,000 325,000 325,000
. AFIS Maintenance & Equipment 9,823 9,030 12, 158 12, 158 38,481
Locally Seized Funds 5,253 2,139 0 0 800
Loan Payment 55,077 52,665 0 0 0
Other 0 0 0 0 0
TOTAL EXPENDITURES $428,528 $429,574 $378,183 $378,183 $396,281
Previous Year Encumbrances $1,514
BALANCE $0 $36,198 $32,149 $0 $0
.
56
. FISCAL YEAR 2006-2007
SCHEDULE 10 - SUMMARY OF REVENUES AND EXPENDITURES
DONATIONS FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
REVENUES
Contributions
NRH Water Bills $126,415 $120,314 $126,000 $83,000 $91,000
Shelter Fund 7,487 15,251 15,500 43,800 45,000
Sub Total $133,902 $135,565 $141,500 $126,800 $136,000
Donations
Spay/Neuter $12,159 $2,528 $1 ,000 $1 ,750 $2,000
Trinity Waste 15,000 15,000 15,000 15,000 15,000
Teen Court 2,000 ° 2,000 2,000 °
Family 4th 870 0 5,500 8,500 8,500
Sub Total $30,029 $17,528 $23,500 $27,250 $25,500
Proceeds
Critter Connection $2,278 $2,841 $3,080 $240 $2,000
Library Book Sale 2,065 2,231 3,000 2,500 2,500
Coffee Bar Proceeds 1 ,400 1,000 2,700 2,700 2,000
Sub Total $5,743 $6,072 $8,780 $5,440 $6,500
Other
Interest Income $7,065 $11,582 $5,500 $17,280 $18,425
. Other Income 14,053 86,841 11 ,700 42,250 60,000
Sub Total $21 , 118 $98,423 $17,200 $59,530 $78,425
ADDroDriation from Fund Balance
Animal Shelter Capital Project $465,914 $60,000 $0 $0 $0
Previous Year Encumbrances 0 0 0 12, 150 0
Sub Total $465,914 $60,000 $0 $12,150 $0
TOTAL REVENUES $656,706 $317,588 $190,980 $231,170 $246,425
EXPENDITURES
Library - Book Collection $52,437 $70,105 $60,000 $60,000 $50,000
Neighborhood Services
Critter Connection 20,603 11,960 7,697 7,697 7,867
Keep NRH Beautiful 2,386 16,632 14,893 14,893 15,000
Animal Shelter Capital Project 465,914 60,000 0 0 0
Municipal Court - Teen Court 2,000 0 2,000 2,000 2,000
Parks - Special Events and Arts 5,000 77,992 31,500 24,500 91 ,750
Sub-Total $548,340 $236,689 $116,090 $109,090 $166,617
Previous Year Encumbrances $12, 150
TOTAL EXPENDITURES $548,340 $236,689 $116,090 $121,240 $166,617
BALANCE $108,366 $80,899 $74,890 $109,930 $79,808
.
57
FISCAL YEAR 2006-2007
. SCHEDULE 11 - SUMMARY OF REVENUES AND EXPENDITURES
DRAINAGE UTILITY FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
Beginning Balance $209,140 $271 ,232 $336,165 $338,929 $431,096
REVENUES
Drainage Fees $793,415 $795,475 $793,000 $793,000 $795,000
Interest Income 2,678 4,946 1,635 10,535 10,215
TOTAL REVENUES $796,093 $800,421 $794,635 $803,535 $805,215
EXPENDITURES
Debt Service $732,414 $730,767 $711,368 $711,368 $707,186
Other Expenditures 1 ,587 1 ,957 0 0 0
TOTAL EXPENDITURES $734,001 $732,724 $711,368 $711,368 $707,186
BALANCE $271 ,232 $338,929 $419,432 $431,096 $529,125
.
.
58
. FISCAL YEAR 2006-2007
SCHEDULE 12 - SUMMARY OF REVENUES AND EXPENDITURES
GAS DEVELOPMENT FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
Beginning Balance $0 $0 $0 $0 $778,756
REVENUES
Bonuses
General Fund $0 $0 $0 $377,662 $0
Park Development 0 0 0 279,901 0
Economic Development 0 0 0 116,040 0
Golf Course 0 0 0 0 150,000
Leases 0 0 0 0 100,000
Royalties 0 0 0 0 0
Overrides 0 0 0 0 0
Interest Income 0 0 0 5, 153 5,000
TOTAL REVENUES $0 $0 $0 $778,756 $255,000
EXPENDITURES
Transfer to General Fund Operations $0 $0 $0 $0 $100,000
Preventive Street Maintenance 0 0 0 0 200,000
. Transfer to Golf Course Fund 0 0 0 0 147,250
Transfer to Park Development Fund 0 0 0 0 0
Transfer to Promotional Fund 0 0 0 0 0
Transfer to Utility Fund 0 0 0 0 0
Other Expenditures 0 0 0 0 0
TOTAL EXPENDITURES $0 $0 $0 $0 $447,250
BALANCE $0 $0 $0 $778,756 $586,506
.
59
.
.
.
FISCAL YEAR 2006-2007
SCHEDULE 13 - SUMMARY OF REVENUES AND EXPENDITURES
UTILITY FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
REVENUES
Water Sales and Charges $12,062,916 $13,601,134 $13,103,796 $13,207,862 $13,677,785
Sewer Sales and Charges 7,133,484 7,313,386 7,475,444 7,316,334 7,384,447
Miscellaneous 518,495 704,312 814,000 856,370 845,000
Sub-Total Revenues $19,714,895 $21,618,832 $21,393,240 $21,380,566 $21,907,232
ADDroDriation from Fund Balance
Rate Stabilization $0 $0 $237,165 $366,668 $728,684
Reserve for Self Insurance 0 0 34,600 34,600 36,600
Previous Year Encumbrances $373,365
TOTAL REVENUES $19,714,895 $21,618,832 $21,665,005 $22,155,199 $22,672,516
EXPENDITURES
ODeratina
Administration $217,983 $223,961 $236,671 $238,525 $251,276
Public Works 3,414,012 3,471,959 3,983,050 4,022,716 4,227,316
Development 506,478 525,520 584,603 592,399 674,588
Right of Way Maintenance 121,330 124,239 125,000 125,000 170,000
Utility Billing & Collections 1, 151,402 1 ,209,881 1,232,257 1,261,218 1,229,970
Budget & Research 145,594 155,381 173,201 174,831 177,888
Accounting Services 120,373 124,720 139,720 138,643 133,337
Purchase of Water/Sewer FTW 2,090,275 3,972,403 3,511,740 3,511,740 3,636,687
Purchase of Water/Sewer TRA 7,061,380 5,232,835 6,579,550 6,579,550 6,795,096
Building Services 847,320 889,686 934,170 934,170 980,879
Non-Departmental 270,631 154,621 375,802 366,193 374,873
Sub-Total $15,946,778 $16,085,206 $17,875,764 $17,944,985 $18,651,910
Other & Reserves
Debt Service $621,387 $474,749 $471,290 $471,290 $464,438
Franchise Fees 558,976 615,871 618,787 609,525 620,983
Indirect Costs 1,222,164 1,283,271 1 ,347,435 1,347,435 1,414,807
Payment In Lieu Of Taxes 318,856 329,727 309,982 344,780 360,000
Transfer from Utility CIP Reserve to 175,000 175,000 175,000 175,000 175,000
Information Services Fund
Contribution to Equipment Svs. 125,000 50,000 50,000 50,000 50,000
Transfer to Self Insurance Fund 100,000 115,750 34,600 34,600 36,600
Market Adjustment 0 0 0 0 56,853
Reserve for Capital Projects 646,734 2,489,258 782,147 804,219 806,925
Sub-Total $3,768,117 $5,533,626 $3,789,241 $3,836,849 $3,985,606
Previous Year Encumbrances 373,365
Proposed Service Enhancements
Flow Meter with Laptop $35,000
TOTAL EXPENDITURES $19,714,895 $21,618,832 $21,665,005 $22,155,199 $22,672,516
BALANCE $0 $0 $0 $0 $0
60
. FISCAL YEAR 2006-2007
SCHEDULE 14 - SUMMARY OF REVENUES AND EXPENDITURES
UTILITY FUND - WATER OPERATIONS
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
REVENUES
Water Sales and Charaes
Water Sales $11 ,893,839 $13,427,722 $12,932,283 $13,030,369 $13,499,692
Water Taps 58,495 70,590 67,593 67,593 67,593
Water Inspection Fees 27, 181 16,644 20,000 24,000 24,000
Service Charges 76,542 76,492 70,920 75,000 75,600
Water Wells 6,859 9,686 13,000 10,900 10,900
Sub-Total $12,062,916 $13,601,134 $13,103,796 $13,207,862 $13,677,785
Miscellaneous
Interest Income ($24,342) $78,810 $123,000 $135,000 $135,000
Late Charges 254,174 284,215 306,000 306,000 306,000
Joint Use Reimbursement-Watauga 81 ,291 34,470 45,000 67,370 54,000
Subdivision Meter Revenue 54, 150 64,800 54,000 54,000 56,000
Sub-Total $365,273 $462,295 $528,000 $562,370 $551,000
ADDroDriation from Fund Balance
Rate Stabilization 0 0 200,000 200,000 275,000
Reserve for Self Insurance Fund 0 0 20,760 20,760 21,960
. Sub-Total $0 $0 $220,760 $220,760 $296,960
TOTAL REVENUES $12,428,189 $14,063,429 $13,852,556 $13,990,992 $14,525,745
EXPENDITURES
ODeratina
Administration $130,790 $134,377 $142,003 $143,115 $150,766
Water Operations 2,608,613 2,621,911 3,049,367 3,078,079 3,272,006
Purchase of Water FTW 1,149,237 2,865,464 2,532,000 2,532,000 2,607,960
Purchase of Water TRA 4,269,837 3,155,508 3,781,050 3,781,050 3,856,671
Development 303,887 315,312 350,762 355,376 404,753
Right of Way Maintenance 72,798 74,543 75,000 75,000 102,000
Sub-Total $8,535,162 $9, 167, 115 $9,930,182 $9,964,620 $10,394,156
Finance/Utilitv Collections
Meter Reading $199,412 $205,945 $209,070 $211,663 $214,957
Utility Billing/Customer Service 375,694 396,087 401,567 414,395 389,203
Utility Collection Services 115,735 123,896 128,717 130,673 133,822
Accounting Services 72,231 74,832 83,832 83,186 80,002
Budget & Research 87,356 93,229 103,921 104,899 106,733
Sub-Total $850,428 $893,989 $927,107 $944,816 $924,717
.
61
. FISCAL YEAR 2006-2007
SCHEDULE 14 - SUMMARY OF REVENUES AND EXPENDITURES
UTILITY FUND - WATER OPERATIONS
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
Building Services $508,392 $533,812 $560,502 $560,502 $588,527
Non-Departmental $162,379 $92,773 $225,481 $219,716 $224,924
Sub-Total $10,056,361 $10,687,689 $11,643,272 $11,689,654 $12,132,324
Other & Reserves
Debt Service $372,832 $284,849 $282,774 $282,774 $278,663
Franchise Fees 350,106 397,653 395,563 390,911 404,991
Indirect Costs 745,524 782,796 821,936 821,936 863,033
Payment In Lieu Of Taxes 191,314 197,836 185,989 206,868 216,000
Transfer from Utility CIP Reserve to 105,000 105,000 105,000 105,000 105,000
Information Services Fund
Contribution to Building/Equip. Svs 75,000 30,000 30,000 30,000 30,000
Transfer to Self Insurance Fund 60,000 69,450 20,760 20,760 21,960
Market Adjustment 0 0 0 0 34, 112
Reserve for Capital Projects 472,052 1,508,156 367,262 443,089 404,662
Sub-Total $2,371,828 $3,375,740 $2,209,284 $2,301,338 $2,358,421
Proposed Service Enhancements
. Flow Meter with Laptop $35,000
TOTAL EXPENDITURES $12,428,189 $14,063,429 $13,852,556 $13,990,992 $14,525,745
BALANCE $0 $0 $0 $0 $0
.
62
. FISCAL YEAR 2006-2007
SCHEDULE 15 - SUMMARY OF REVENUES AND EXPENDITURES
UTILITY FUND - SEWER OPERATIONS
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2002/03 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
REVENUES
Sewer Sales and Charaes
Sewer Sales $7,038,395 $7,219,721 $7,374,551 $7,219,721 $7,287,149
Sewer Taps 19,115 24,400 22, 113 22, 113 22,398
Sewer Inspection Fees 23,544 14,217 30,000 23,000 23,000
Service Charges 51,028 50,995 47,280 50,000 50,400
Miscellaneous 1 ,402 4,053 1 ,500 1 ,500 1 ,500
Sub-Total $7,133,484 $7,313,386 $7,475,444 $7,316,334 $7,384,447
Miscellaneous
I nterest Income ($16,228) $52,540 $82,000 $90,000 $90,000
Late Charges 169,450 189,477 204,000 204,000 204,000
Sub-Total $153,222 $242,017 $286,000 $294,000 $294,000
ADDroDriation from Fund Balance
Rate Stabilization $0 $0 $37,165 $166,668 $453,684
Reserve for Self Insurance Fund 0 0 13,840 13,840 14,640
Sub-Total $0 $0 $51,005 $180,508 $468,324
. TOTAL REVENUES $7,286,706 $7,555,403 $7,812,449 $7,790,842 $8,146,771
EXPENDITURES
ODeratina
Administration $87,193 $89,584 $94,668 $95,410 $100,510
Sewer Operations 805,399 850,048 933,683 944,637 955,310
Sewer Treatment FTW 941,038 1,106,939 979,740 979,740 1,028,727
Sewer Treatment TRA 2,791,543 2,077,327 2,798,500 2,798,500 2,938,425
Development 202,591 210,208 233,841 237,023 269,835
Right of Way Maintenance 48,532 49,696 50,000 50,000 68,000
Sub-Total $4,876,296 $4,383,802 $5,090,432 $5,105,310 $5,360,807
Finance/Utilitv Collections
Meter Reading $132,942 $137,297 $139,380 $141 , 1 08 $143,304
Utility Billing/Customer Service 250,462 264,058 267,711 276,263 259,469
Utility Collection Services 77,157 82,598 85,812 87,116 89,215
Accounting Services 48,142 49,888 55,888 55,457 53,335
Budget & Research 58,238 62, 152 69,280 69,932 71,155
Sub-Total $566,941 $595,993 $618,071 $629,876 $616,478
.
63
. FISCAL YEAR 2006-2007
SCHEDULE 15 - SUMMARY OF REVENUES AND EXPENDITURES
UTILITY FUND - SEWER OPERATIONS
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
Building Services $338,928 $355,874 $373,668 $373,668 $392,352
Non-Departmental $108,252 $61,848 $150,321 $146,477 $149,949
Sub-Total $5,890,417 $5,397,517 $6,232,492 $6,255,331 $6,519,586
Other & Reserves
Debt Service $248,555 $189,900 $188,516 $188,516 $185,775
Franchise Fees 208,870 218,218 223,224 218,614 215,992
Indirect Costs 476,640 500,475 525,499 525,499 551,774
Payment In Lieu Of Taxes 127,542 131,891 123,993 137,912 144,000
Transfer from Utility CIP Reserve to 70,000 70,000 70,000 70,000 70,000
Information Services Fund
Contribution to Building/Equip. Svs 50,000 20,000 20,000 20,000 20,000
Transfer to Self Insurance Fund 40,000 46,300 13,840 13,840 14,640
Market Adjustment 0 0 0 0 22,741
Reserve for Capital Projects 174,682 981 , 1 02 414,885 361 , 130 402,263
Sub-Total $1 ,396,289 $2,157,886 $1,579,957 $1,535,511 $1,627,185
TOTAL EXPENDITURES $7,286,706 $7,555,403 $7,812,449 $7,790,842 $8,146,771
. BALANCE $0 $0 $0 $0 $0
.
64
.
.
.
FISCAL YEAR 2006-2007
SCHEDULE 16 - SUMMARY OF REVENUES AND EXPENDITURES
AQUATIC PARK FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
REVENUES
Ooeratina
Admissions $1,502,149 $1,800,783 $1,998,671 $1,871,296 $2,004,658
Advanced & Group Sales 704,206 905,564 812,684 941 ,369 1,003,242
Food and Beverage 404,927 489,365 499,112 499,112 553,151
Merchandise 89,954 103,116 102,091 102,091 106,021
Lockers 42,261 58,061 54,448 54,448 59,925
Aquatic Classes/Special Events 64,503 64,413 75,167 73,858 78,985
Sub-Total $2,808,000 $3,421,302 $3,542,173 $3,542,174 $3,805,982
Other
Interest Income $32,528 $35,921 $33,000 $108,305 $104,300
Donations 20,000 1 0,000 10,000 10,000 10,000
Other 27,143 20,765 10,114 10,114 10,114
Sub-Total $79,671 $66,686 $53,114 $128,419 $124,414
Aoorooriation from Fund Balance
Reserve for Self Insurance Fund $129,954 $0 $0 $0 $0
Previous Year Encumbrances 353,558 0 0 6,934 0
Sub-Total $483,512 $0 $0 $6,934 $0
TOTAL REVENUES $3,371,183 $3,487,988 $3,595,287 $3,677,527 $3,930,396
EXPENDITURES
Ooeratina
General Services & Utilities $551,663 $608,149 $686,578 $747,849 $776,040
Public Grounds/Aquatics/Maint. 810,853 777,308 806,731 809,400 818,048
Business & Office Administration 435,433 391,123 451,470 448,934 417, 130
Gift Shop/Concessions 373,993 375,148 437,881 439,081 430,913
Sales/Special Events/Admissions 231 ,465 220,816 269,315 268,043 270,812
Sub-Total $2,403,407 $2,372,544 $2,651,975 $2,713,307 $2,712,943
Other & Reserves
Debt Service $347,738 $391,377 $390,873 $390,873 $498,237
Infrastructure Reserve Payment 0 50,000 50,000 50,000 0
Indirect Costs 90,084 94,588 97,426 97,426 102,297
Market Adjustment ° ° 0 0 9,313
Allocation to Internal Svc Funds 129,954 ° ° 0 °
Reserve For:
Infrastructure & Major Repairs 325,000 325,000 325,000 325,000 325,000
Park Expansion 0 197,053 74,997 88,971 218,179
Insurance 75,000 50,000 0 ° °
Non-Departmental 0 7,426 5,016 5,016 28,060
Sub-Total $967,776 $1 , 115,444 $943,312 $957,286 $1,181,086
Previous Year Encumbrances 6,934
TOTAL EXPENDITURES $3,371,183 $3,487,988 $3,595,287 $3,677,527 $3,894,029
Proposed Service Enhancements
Aquatic Maintenance Technician 36,367
TOTAL EXPENDITURES $3,371,183 $3,487,988 $3,595,287 $3,677,527 $3,930,396
BALANCE $0 $0 $0 $0 $0
65
FISCAL YEAR 2006-2007
. SCHEDULE 17 - SUMMARY OF REVENUES AND EXPENDITURES
GOLF COURSE FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
REVENUES
Green Fees $943,718 $1,005,605 $851,022 $773,300 $1,161,591
Pro Shop 232,441 315,923 258,678 288,830 364,129
Driving Range 121,983 66,807 51,557 52,800 80,009
Carts 457,726 352,949 289,598 261,974 435,600
Food & Beverage 391 ,208 441 ,429 355,476 352,812 500,380
Gas Development Fund 0 0 0 0 147,250
Economic Development 0 0 550,000 550,000 0
Sales Tax Revenue
Other Revenue 45,290 0 36,800 34,389 34,364
Appropriation of Fund Balance 320,945 305, 141 0 0 0
TOTAL REVENUES $2,513,311 $2,487,854 $2,393,131 $2,314,105 $2,723,323
COST OF GOODS SOLD
Pro Shop $136,723 $130,466 $116,107 $112,725 $158,139
Food & Beverage 112,561 119,800 101,110 88,795 140,724
TOTAL COGS $249,284 $250,266 $217,217 $201,520 $298,863
. NET REVENUES $2,264,027 $2,237,588 $2,175,914 $2,112,585 $2,424,460
EXPENDITURES
ODeratina
Pro Shop $249,970 $263,670 $246,735 $240,836 $335,518
Driving Range 9,382 11 ,007 8,700 8,700 12,000
Golf Carts 175,897 181,606 150,069 145,672 151,506
Course Maintenance 532,328 594,024 557,513 538,486 555,309
Food & Beverage 157,125 161,575 146,760 141,697 163,441
General & Administrative 214,660 205,285 189,682 189,952 205,915 '
Fixed Charges 137,600 147,600 85,600 85,600 103,920
Capital 183,805 0 100,000 100,000 147,250
Subtotal $1,660,767 $1,564,767 $1,485,059 $1,450,943 $1,674,859
Other & Reserves
Debt Service 496,565 523,851 515,499 515,499 545,605
Payment to Interdepartmental Loans
Water Fund $50,242 $50,242 $50,242 $50,242 $50,242
General Fund 56,453 56,453 28,227 28,227 0
Equipment ° 42,275 41 , 172 41 , 172 40,069
Reserve for EquipmentlCIP $0 $0 $55,715 $26,502 $113,685
Subtotal $603,260 $672,821 $690,855 $661,642 $749,601
TOTAL EXPENDITURES $2,264,027 $2,237,588 $2,175,914 $2,112,585 $2,424,460
. BALANCE $0 $0 $0 $0 $0
66
. FISCAL YEAR 2006-2007
SCHEDULE 18 - SUMMARY OF REVENUES AND EXPENDITURES
BUILDING SERVICES FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
REVENUES
Charaes for Service
General Fund $845, 124 $787,377 $629,196 $629,196 $460,656
Utility Fund 847,320 889,686 934,170 934,170 980,879
Sub-Total $1,692,444 $1,677,063 $1,563,366 $1,563,366 $1,441,535
Other
I nterest Income $22,538 $39,432 $60,415 $49,460 $48,675
Transfer from Capital Project Savings 0 0 0 0 200,000
Sub-Total $22,538 $39,432 $60,415 $49,460 $248,675
ADDroDriation from Fund Balance
Building Services Fund Reserves $0 $0 $212,100 $178,742 $331 ,449
Previous Year Encumbrances 0 0 0 106,271 0
Sub-Total $0 $0 $212,100 $285,013 $331,449
TOTAL REVENUES $1,714,982 $1,716,495 $1,835,881 $1,897,839 $2,021,659
. EXPENDITURES
ODeratina
General Services $130,888 $130,520 $146,280 $144,452 $149,968
Building Services 1 , 164,732 1 ,234,906 1,504,328 1,461,843 1,606,739
Transfer to Capital Budget 200,000 200,000 134,750 134,750 204,000
Sub-Total $1,495,620 $1,565,426 $1,785,358 $1,741,045 $1,960,707
Other & Reserves
Debt Service $44,905 $43,607 $42,309 $42,309 $40,703
Market Adjustment 0 0 0 0 10,536
Other 1 ,000 8,269 8,214 8,214 9,713
Reserve for Capital Projects 173,457 99,193 0 0 0
Sub-Total Other $219,362 $151,069 $50,523 $50,523 $60,952
Previous Year Encumbrances $106,271
TOTAL EXPENDITURES $1,714,982 $1,716,495 $1,835,881 $1,897,839 $2,021,659
BALANCE $0 $0 $0 $0 $0
.
67
. FISCAL YEAR 2006-2007
SCHEDULE 19 - SUMMARY OF REVENUES AND EXPENDITURES
EQUIPMENT SERVICES FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
REVENUES
Charaes for Service
Transfers From:
General Fund $806,556 $748,880 $665,005 $665,005 $711,553
Utility Fund 896,232 875,211 882,976 882,976 994,785
Utility CIP / Utility Construction 113,148 128,523 129,542 129,542 138,610
Crime Control & Prevention District 66,804 102,462 75,764 75,764 81,831
Park & Recreation Devlp. Fund 54,204 38,987 63,464 63,464 106,831
Other Funds 28,764 23,307 32,915 32,915 35,218
Sub-Total $1,965,708 $1,917,370 $1,849,666 $1,849,666 $2,068,828
Other
Interest Income $31,410 $58,358 $82,574 $76,330 $78,225
Sale of City Property 33,542 33,980 54,000 54,000 30,000
Other 0 0 0 0 0
Transfer from General Fund 0 0 0 200,000 0
Transfer from Utility Fund 125,000 50,000 50,000 50,000 50,000
Transfer from CCD 0 0 25,000 25,000 25,000
Sub-Total $189,952 $142,338 $211,574 $405,330 $183,225
ADDroDriation from Fund Balance
. Equipment Services Fund Reserves $0 $0 $0 $0 $270,536
Previous Year Encumbrances 0 0 0 50,173 0
Sub-Total $0 $0 $0 $50,173 $270,536
TOTAL REVENUES $2,155,660 $2,059,708 $2,061,240 $2,305,169 $2,522,589
EXPENDITURES
ODeratina
General Services $138, 118 $146,090 $153,390 $153,441 $157,492
Equipment Services Operations 1 ,143,940 1,237,554 1 ,356,589 1,346,575 1,583,603
Equipment Purchases 594,859 334,404 80,000 80,000 159,200
Police Vehicles/Equipment 0 0 231,545 231,545 322,980
Fire Vehicles/Equipment 0 0 30,400 30,400 0
Sub-Total $1,876,917 $1,718,048 $1,851,924 $1,841,961 $2,223,275
Other & Reserves
Debt Service $101,816 $102,648 $98,353 $98,353 $275,116
Market Adjustment 0 0 0 0 14,552
Other 0 8, 143 8,047 8,047 9,646
Equipment Services Reserve 176,927 230,869 102,916 306,635 0
Sub-Total $278,743 $341,660 $209,316 $413,035 $299,314
Previous Year Encumbrances 50,173
TOTAL EXPENDITURES $2,155,660 $2,059,708 $2,061,240 $2,305,169 $2,522,589
BALANCE $0 $0 $0 $0 $0
.
68
.
.
.
FISCAL YEAR 2006-2007
SCHEDULE 20 - SUMMARY OF REVENUES AND EXPENDITURES
INFORMATION SERVICES FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
REVENUES
Telecommunications
Transfer From:
General Fund $216,348 $226,071 $237,375 $237,375 $249,246
Utility Fund 46,740 49,057 51,510 51,510 53,415
Other Funds 49,140 53,371 56,041 56,041 58,843
Sub-Total $312,228 $328,499 $344,926 $344,926 $361 ,504
ComDuters
Transfer From:
General Fund $894,732 $851,539 $757,862 $757,862 $795,755
Utility Fund 453,876 476,560 446,434 446,434 468,758
Crime Control District 108,240 98,996 106,494 106,494 111,819
Other Funds 230,268 227,131 226,561 226,561 230,043
Sub-Total $1,687,116 $1,654,226 $1,537,351 $1,537,351 $1,606,375
Other Revenues
Interest Income $24,014 $30,300 $6,920 $109,885 $106,485
Transmitter Lease 75,615 123,819 75,000 75,000 75,000
Other Income 18,444 65,115 9,000 9,000 9,000
Transfer From Utility Fund Reserve 175,000 175,000 175,000 175,000 175,000
Appropriation - PY Encumbrances 0 0 0 621,461 0
Sub-Total $293,073 $394,234 $265,920 $990,346 $365,485
TOTAL REVENUES $2,292,417 $2,376,959 $2,148,197 $2,872,623 $2,333,364
EXPENDITURES
ODeratina
General Services $169,709 $173,811 $188,406 $185,249 $193,753
Major Computer Systems 275,610 329,568 294,781 289,404 301,615
Microcomputer Systems 535,735 435,607 473,848 453,075 598,723
Telecommunications 216,199 232,661 284,251 285,983 298,875
Data Network 234,143 306,883 410,322 409,172 402,202
GIS System 125,603 152,624 215,532 215,016 248,375
Public Safety 234,652 180,850 216,628 208,198 243,483
Sub-Total $1,791,651 $1,812,004 $2,083,768 $2,046,097 $2,287,026
Other & Reserves
Market Adjustment 0 0 0 0 16, 176
Other 0 5,553 7,968 7,968 10,162
Reserve for Systems Improvements 500,766 559,402 56,461 183,497 0
Sub-Total $500,766 $564,955 $64,429 $191,465 $26,338
Previous Year Encumbrances $621,461
TOTAL EXPENDITURES $2,292,417 $2,376,959 $2,148,197 $2,859,023 $2,313,364
Proposed Service Enhancements
Additional T-1 Internet Bandwidth $13,600
Study for Municipal Wireless Internet $20,000
TOTAL EXPENDITURES $2,292,417 $2,376,959 $2,148,197 $2,872,623 $2,333,364
BALANCE $0 $0 $0 $0 $0
69
.
.
.
FISCAL YEAR 2006-2007
SCHEDULE 21 - SUMMARY OF REVENUES AND EXPENDITURES
SELF INSURANCE FUND
ADOPTED REVISED PROPOSED
ACTUAL ACTUAL BUDGET BUDGET BUDGET
FY 2003/04 FY 2004/05 FY 2005/06 FY 2005/06 FY 2006/07
REVENUES
Allocations
Health/Medical $4,248,576 $5,371,853 $6,029,635 $6,029,635 $6,519,926
Workers' Compensation 1 , 017,798 759,099 483,232 615,657 507,782
General Liability/Unemployment 318,012 189,251 304,766 304,766 309,290
Property Insurance 49,000 160,822 81,625 81,625 96,409
Sub Total $5,633,386 $6,481,025 $6,899,258 $7,031,683 $7,433,407
Other
Interest Income $4,659 $37,587 $10,351 $37,405 $17,385
Transfer from General Fund ° 372,250 103,800 103,800 109,800
Transfer from Utility Fund 100,000 115,750 34,600 34,600 36,600
Transfer from Aquatic Park Fund 129,954 ° ° ° 0
Sub Total $234,613 $525,587 $148,751 $175,805 $163,785
Aoorooriation from Fund Balance
Self Insurance Fund Reserves $499,555 $0 $0 $0 $0
TOTAL REVENUES $6,367,554 $7,006,612 $7,048,009 $7,207,488 $7,597,192
EXPENDITURES
Health/Med ical $5,004,447 $5,248,255 $5,558,962 $5,558,963 $6,040,491
Workers' Compensation 466,379 464,717 451,575 584,000 476,139
Other Insurance 336,761 299,007 361,078 361,078 380,417
Personnel Expenses 449,083 409,933 450,394 394,148 452,149
Market Adjustment ° ° ° ° 6,690
Tuition Reimbursement ° ° ° ° 3,186
Reserve for Insurance Claims ° 524,289 173,000 246,299 183,000
Life Insurance Premiums 110,884 60,411 53,000 53,000 55,120
Proposed Service Enhancements
Post Employment Benefits Study $10,000
TOTAL EXPENDITURES $6,367,554 $7,006,612 $7,048,009 $7,207,488 $7,597,192
BALANCE $0 $0 $0 $0 $0
70
.
.
.
August 4, 2006
Honorable Mayor and Members of the City Council
City of North Richland Hills
North Richland Hills, Texas
The proposed Capital Projects Budget for Fiscal Year 2006/2007 is submitted herein.
This budget identifies major projects and items not included directly in the Annual
Operating Budget. The Capital Projects Budget provides for major long-life equipment
used in daily operations, funding for the construction and renovation of major facilities
and infrastructure, and for multi-year planning studies. Primary sources of funding for
these projects are: General Obligation Bonds, Certificates of Obligation, Transfers from
Operating Funds, Permanent Street Maintenance Capital Funds, Park and Recreation
half-cent Sales Tax Funds, Capital Reserve Funds, and Federal and State grants.
The proposed Capital Projects Budget for 2006/2007 totals $30,252,692. This budget
contains new and continuing projects in all areas of City operations. Some projects were
selected following City Council budget discussions, others were authorized by voters
during past bond elections, and still others were identified by City departmental
evaluation and examination of needs. Citizens voted to approve a bond package for
City infrastructure/facility improvements valued at approximately $37.2 million in
February 2003.
Debt issuance for 2006/2007 is $4,365,370, comprising $1,702,000 in general obligation
bonds and $2,663,370 in certificates of obligation. General obligation bonds will be used
for continuing projects that require additional funding in 2006/2007 and new projects
that will begin in 2006/2007.
The general obligation bond funding for continuing and new projects is $1,702,000.
These projects include Rufe Snow Drive Street Improvements (Mid-Cities Boulevard to
Hightower Drive), North Tarrant Parkway Street Improvements (Davis to Whitley Road),
and Smithfield Road (Bursey to Existing Smithfield).
Certificates of obligation will be issued for $2,663,370. $1,235,170 of this issuance will
fund projects like College Hills Water Well Improvements, Starnes Elevated Tank
Rehabilitation, Telemetric Water Meter Annual Maintenance and the Water Line
(Precinct Line/TRA Pump Station). Certificates of obligation in the amount of $820,000
will fund the addition of cabanas, barrel roll shade canopies, and a new park attraction
at NRH20 Aquatic Park. The remaining amount will replace vehicles and equipment.
71
.
.
e
The City Council has recognized the importance of dedicating funds on an annual basis
to enhance the City's efforts for the major repair and preventive maintenance of City
streets by authorizing the creation of a Permanent Street Maintenance Fund. With over
213 miles of streets and their aging, it is important to conduct preventive maintenance
that will delay more costly street reconstruction and extend the life of the current street
system. The proposed 2006/2007 level of funding is $800,000, an increase of $200,000
from previous years. These funds will allow us to improve the overall condition of
approximately 44 streets. The City Council also recognizes the importance of dedicating
funds on an annual basis to improve City sidewalks. This project constructs new
sidewalks in high pedestrian areas of the City. The proposed 2006/2007 level of funding
for this project is $50,000, and the source of funding is previously approved allocations
from the General Fund "pay-as-you-go" Capital Projects Reserve.
The Reserve for Capital Projects was established by the City Council in 1998/1999 as a
"pay-as-you-go" way to address smaller capital improvement needs. It has collected
approximately $3.6 million since inception. The installation of a transfer switch to allow a
portable generator and the replacement of the emergency generator are two proposed
projects using these funds. The proposed 2006/2007 addition to this reserve is only
$50,000 but due to some unanticipated revenue increases the 2005/2006 revised
budget increases the adopted $100,000 addition by $500,000 for a total addition to
reserves of $600,000.
Staff has updated the ten-year Equipment Replacement and Building Services Plan,
which City Council approved in 1996/1997. The Building Services Pay-as-you-go Plan
estimates almost $24 million in expenditures over the next ten years for building
services operations and capital maintenance to protect our investment in City facilities.
The Equipment Services Plan estimates the replacement of $16.8 million in equipment
and another $26.5 million for equipment maintenance over the next ten years. Of this
$67.3 million total, $59.9 million is pay-as-you-go.
The City Council has shown its commitment to this community by continuing to ensure
the maintenance and appearance of our City facilities. I want to thank Council for their
efforts to communicate to management their priorities for the capital budget. City staff
will continue to monitor the condition of all our infrastructure and facilities and make
recommendations based on needs and available resources in the Annual Capital
Projects Budget.
Respectfully submitted,
Larry J. Cunningham
City Manager
112
.
.
.
Proaram
Street & Sidewalk Projects
Drainage Projects
Utility Projects
Parks & Recreation Projects
Aq uatic Park Projects
Municipal Facility Projects
Major Capital Equipment Program
Economic Development Projects
CIP Personnel
't9t@I[~I~"rC)j..çt~p."(I.tgr.'
Summary of Project Expenditures
2006/2007 Capital Improvement Program
Project i?r9pø'f:tc:l Estimated Remaining Total
To Date 2006/2007 2007/2008 Amount EXDenditures
$20,014,522 $10,481,508 $5,042,000 $46,081,000 $81,619,030
° $345,000 170,000 2,570,000 3,085,000
680,000 2,a"S,Q()º 3,351,244 53,057,707 60,063,951
2,071,530 1,964,869 3,449,854 10,638,421 18,124,694
58,000 Qta,OQQ ° 500,000 1,470,000
2,095,000 7,Q01,ß02 5,682,500 21,842,500 36,621,602
478,000 2,018,100 60,000 60,000 2,616,100
90,000 3.410,OQO 55,000 ° 3,555,000
1,253,054 1,144.593 1,216,074 1,292,494 4,906,215
$~6J"'4()t10G $30f2$~,Ø92 $1$JØ~6tf)1~ $1Ø$~Ø4~,1~~ [-$~1~,Ø$1,$Ø~
73
. Summary of Project Funding
2006/2007 Capital Improvement Program
Funding Estimated Remaining Total
To Date 2007/2008 Amount Funds
STREET & SIDEWALK PROJECTS
G.O. Bonds, Future Issuance $0 $9,282,000 $15,351,500 $26,335,500
G.O. Bonds, Existing Funds 6,357,305 0 0 6,357,305
Certificates of Obligation, Future Issuance 0 1 ,200,000 3,630,000 4,830,000
Certificates of Obligation, Existing Funds 3,732,331 0 0 3,732,331
Utility Operations for Capital Projects 850,000 0 0 850,000
Project Savings Reserve 956,924 ° ° 1,997,884
General Fund Reserve ° 0 0 998,730
Pay-as-you-go Reserve for CIP 172,283 0 0 172,283
Grant Funds 22,845,629 1,000,000 0 25,309,997
Intergovernmental 362,500 5,000,000 5,535,000 11,035,000
$35,276,972 $16,482,000 $24,516,500 $81,619,030
DRAINAGE PROJECTS
G.O. Bonds, Future Issuance ('03 Program) $0 $0 $2,500,000 $2,500,000
G.O. Bonds, Existing Funds 240,000 0 0 240,000
Project Savings Reserve 0 0 0 345,000
$240,000 $0 $2,500,000 $3,085,000
UTILITY PROJECTS
. Certificates of Obligation $0 $1,141,744 $36,673,207 $39,050,121
Utility Operations for Capital Projects 1,820,000 0 0 2,406,518
Project Savings Reserve 420,000 0 0 570,000
Grant Funds 238,482 0 0 238,482
Impact Fees 0 914,500 15,964,500 17,168,830
EPA Surcharge 630,000 0 0 630,000
$3,108,482 $2,056,244 $52,637,707 $60,063,951
PARKS & RECREATION PROJECTS
Sales Tax - Park Development $3,470,520 $309,000 $10,000,000 $14,281,720
Grant Funds 529,010 1,605,925 1,106,273 3,842,974
$3,999,530 $1,914,925 $11,106,273 $18,124,694
AQUATIC PARK PROJECTS
Expansion Reserve $0 $0 $500,000 $500,000
I nfrastructure Reserve 0 0 0 50,000
Certificates of Obligation 100,000 0 0 920,000
$100,000 $0 $500,000 $1,470,000
MUNICIPAL FACILITY PROJECTS
Permanent Building Maintenance Reserve $0 $0 $0 $204,000
G.O. Bonds 750,000 1,300,000 ° 2,050,000
Certificates of Obligation 10,200,000 2,000,000 18,800,000 31,000,000
Grant Funds 124,002 0 ° 124,002
Reserves 0 0 0 412,600
Other 566,914 760,000 600,000 2,831,000
. $11,640,916 $4,060,000 $19,400,000 $36,621,602
74
. Summary of Project Funding
2006/2007 Capital Improvement Program
Funding Estimated Remaining Total
To Date 2007/2008 Amount Funds
MAJOR CAPITAL EQUIPMENT PROGRAM
Certificates of Obligation $901,900 $0 $0 $1,510,100
Information Services Reserve 650,000 0 0 866,000
Other 60,000 60,000 60,000 240,000
$1,611,900 $60,000 $60,000 $2,616,100
ECONOMIC DEVELOPMENT CAPITAL PROJECTS
General Fund Reserve $3,000,000 $0 $0 $3,085,000
Sales Tax - Economic Development 332,307 0 0 450,000
General Fund Pay-as-you-go Reserve 20,000 0 0 20,000
$3,352,307 $0 $0 $3,555,000
CIP PERSONNEL
Utility Funds for Operations $1,253,054 $1,216,074 $1 ,292,494 $4,906,215
$1 ,253,054 $1,216,074 $1 ,292,494 $4,906,215
TOTAL CAPITAL IMPROVEMENT PROGRAM
. G.O. Bonds, Future Issuance $0 $10,582,000 $17,851,500 30, 135,500
G.O. Bonds, Existing Funds 7,347,305 0 0 7,347,305
Certificates of Obligation, Future Issuance 0 4,341,744 59,103,207 66,108,321
Certificates of Obligation, Existing Funds 14,934,231 0 0 14,934,231
Sales Tax 3,802,827 809,000 10,600,000 15,831,720
Utility Operations for Capital Projects 2,670,000 0 0 3,256,518
Reserves 5,219,207 0 500,000 9,221 ,497
Grant Funds 23,737,123 2,605,925 1,106,273 29,556,224
Other 2,872,468 7,450,574 22,851,994 35,670,276
.
75
.
.
.
Proaram
Street & Sidewalk Projects
Drainage Projects
Utility Projects
Parks & Recreation Projects
Aquatic Park Projects
Municipal Facility Projects
Major Capital Equipment Program
Economic Development Projects
CIP Personnel
"1'"ptPI:ÇIPRtqj@Çt§)tp.o<iilgre,
Summary of Project Expenditures
2006/2007 Capital Improvement Program
Project Pr()PQ$CJCt Estimated Remaining
To Date 2006/2007 2007/2008 Amount
$20,014,522 $1(),481.t)08 $5,042,000 $46,081,000
° $34$,()OQ 170,000 2,570,000
680,000 2,97'5.()()() 3,351,244 53,057,707
2,071,530 1,964,889 3,449,854 10,638,421
58,000 Q12,QOQ ° 500,000
2,095,000 7.OQ1.6Q2 5,682,500 21,842,500
478,000 2,Q1ª,100 60,000 60,000
90,000 3.4tO,QQO 55,000 °
1 ,253,054 1~144~593 1,216,074 1,292,494
$2ØJ"'4Q,1Q6 $30,252.692 $19IQ2Ø,Ø'l2$13Q~042.122,
76
Total
EXDenditu res
$81,619,030
3,085,000
60,063,951
18,124,694
1,470,000
36,621,602
2,616,100
3,555,000
4,906,215
:$21.2~()Ø1~$$~
. Summary of Project Funding
2006/2007 Capital Improvement Program
Funding Estimated Remaining Total
To Date 2007/2008 Amount Funds
STREET & SIDEWALK PROJECTS
G.O. Bonds, Future Issuance $0 $9,282,000 $15,351,500 $26,335,500
G.O. Bonds, Existing Funds 6,357,305 0 0 6,357,305
Certificates of Obligation, Future Issuance 0 1,200,000 3,630,000 4,830,000
Certificates of Obligation, Existing Funds 3,732,331 0 0 3,732,331
Utility Operations for Capital Projects 850,000 0 0 850,000
Project Savings Reserve 956,924 0 0 1,997,884
General Fund Reserve 0 0 0 998,730
Pay-as-you-go Reserve for CIP 172,283 0 0 172,283
Grant Funds 22,845,629 1,000,000 0 25,309,997
I ntergovemmental 362,500 5,000,000 5,535,000 11,035,000
$35,276,972 $16,482,000 $24,516,500 $81,619,030
DRAINAGE PROJECTS
G.O. Bonds, Future Issuance ('03 Program) $0 $0 $2,500,000 $2,500,000
G.O. Bonds, Existing Funds 240,000 0 0 240,000
Project Savings Reserve 0 0 0 345,000
$240,000 $0 $2,500,000 $3,085,000
UTILITY PROJECTS
. Certificates of Obligation $0 $1,141,744 $36,673,207 $39,050,121
Utility Operations for Capital Projects 1,820,000 0 0 2,406,518
Project Savings Reserve 420,000 0 0 570,000
Grant Funds 238,482 0 0 238,482
Impact Fees 0 914,500 15,964,500 17,168,830
EPA Surcharge 630,000 0 0 630,000
$3,108,482 $2,056,244 $52,637,707 $60,063,951
PARKS & RECREATION PROJECTS
Sales Tax - Park Development $3,470,520 $309,000 $10,000,000 $14,281,720
Grant Funds 529,010 1,605,925 1 ,106,273 3,842,974
$3,999,530 $1,914,925 $11,106,273 $18,124,694
AQUATIC PARK PROJECTS
Expansion Reserve $0 $0 $500,000 $500,000
Infrastructure Reserve 0 0 0 50,000
Certificates of Obligation 100,000 ° 0 920,000
$100,000 $0 $500,000 $1,470,000
MUNICIPAL FACILITY PROJECTS
Permanent Building Maintenance Reserve $0 $0 $0 $204,000
G.O. Bonds 750,000 1,300,000 0 2,050,000
Certificates of Obligation 10,200,000 2,000,000 18,800,000 31,000,000
Grant Funds 124,002 0 0 124,002
Reserves 0 0 0 412,600
Other 566,914 760,000 600,000 2,831,000
. $11,640,916 $4,060,000 $19,400,000 $36,621,602
77
. Summary of Project Funding
2006/2007 Capital Improvement Program
Funding Estimated Remaining Total
To Date 2007/2008 Amount Funds
MAJOR CAPITAL EQUIPMENT PROGRAM
Certificates of Obligation $901,900 $0 $0 $1,510,100
Information Services Reserve 650,000 ° ° 866,000
Other 60,000 60,000 60,000 240,000
$1,611,900 $60,000 $60,000 $2,616,100
ECONOMIC DEVELOPMENT CAPITAL PROJECTS
General Fund Reserve $3,000,000 $0 $0 $3,085,000
Sales Tax - Economic Development 332,307 ° ° 450,000
General Fund Pay-as-you-go Reserve 20,000 ° ° 20,000
$3,352,307 $0 $0 $3,555,000
CIP PERSONNEL
Utility Funds for Operations $1,253,054 $1,216,074 $1,292,494 $4,906,215
$1,253,054 $1,216,074 $1,292,494 $4,906,215
TOTAL CAPITAL IMPROVEMENT PROGRAM
. G.O. Bonds, Future Issuance $0 $10,582,000 $17,851,500 30,135,500
G.O. Bonds, Existing Funds 7,347,305 ° ° 7,347,305
Certificates of Obligation, Future Issuance ° 4,341,744 59,103,207 66,108,321
Certificates of Obligation, Existing Funds 14,934,231 ° ° 14,934,231
Sales Tax 3,802,827 809,000 10,600,000 15,831,720
Utility Operations for Capital Projects 2,670,000 ° ° 3,256,518
Reserves 5,219,207 ° 500,000 9,221,497
Grant Funds 23,737,123 2,605,925 1,106,273 29,556,224
Other 2,872,468 7,450,574 22,851,994 35,670,276
.
78
.
.
.
Schedule 1
2006/2007 Street & Sidewalk Capital Projects
Budget Summary
Map Pg.
I.D. No.
1
2
3
4
5
6
Project Estimated Remaining
I2..Q.!!! 2007/2008 Amount Total
$80,000 $1,580,000 $0 $2,000,000
30,000 800,000 0 1,050,000
63,348 0 0 263,348
39,174 0 0 189,174
20,000 200,000 0 300,000
500,000 637,500 19,462,500 21,260,000
120,000 0 0 150,000
10,844,000 0 0 12,844,000
360,000 0 0 885,950
220,000 1,542,500 10,127,000 13,727,000
6,174,000 0 0 7,174,000
40,000 0 0 50,000
500,000 0 0 600,000
75,000 0 0 165,000
100,000 0 0 120,000
110,000 0 0 395,000
30,000 0 0 154,800
420,000 0 0 795,000
0 102,000 102,000 306,000
289,000 0 0 389,000
$20,014,522 $8~250~250 $4,øØ2,OOQ $29~Ø$1,5ØO $ß2~ø1$,212
$~ I I $~ I $50,000
800,000
7
8
9
10
11
12
13
14
15
16
17
mºt¡l,ç()ºlJrjµihgPtòJ,~
18 $0 $0 $0 $120,000
19 0 0 0 345,000
20 0 0 0 267,528
21 0 0 0 200,000
22 0 0 0 300,000
0 0 0 148,730
79
. Schedule 1
2006/2007 Street & Sidewalk Capital Projects
Budget Summary
Map Pg. Project Estimated Remaining
I.D. No. To Date 2007/2008 Amount Total
...
Future Projects
23 $0 $0 $500,000 $500,000
24 0 0 750,000 750,000
25 0 0 800,000 800,000
26 0 0 1,950,000 1,950,000
27 0 0 2,800,000 2,800,000
28 0 0 1,000,000 1,000,000
29 ° 0 1,020,000 1,020,000
30 ° 0 840,000 840,000
31 ° 180,000 645,000 825,000
32 0 0 645,500 645,500
33 0 0 620,000 620,000
34 0 0 485,000 485,000
35 0 0 600,000 600,000
36 ° ° 400,000 400,000
37 ° ° 375,000 375,000
38 ° 0 1 ,11 0,000 1,110,000
39 0 ° 540,000 540,000
0 ° 1,309,000 1,309,000
.
$0 $9,102,000 $14,926,500 $25,730,500
1,870,000 ° ° 1,870,000
0 180,000 425,000 605,000
4,018,805 0 ° 4,018,805
468,500 0 0 468,500
0 1,200,000 3,630,000 4,830,000
3,732,331 ° 0 3,732,331
850,000 0 ° 850,000
956,924 ° ° 1,997,884
0 0 0 148,730
172,283 0 ° 172,283
0 ° ° 50,000
0 ° 0 800,000
13,591,107 0 0 13,591,107
452,522 0 ° 1,020,050
1,042,000 800,000 ° 2,545,840
7,760,000 200,000 ° 8,153,000
362,500 5,000,000 5,535,000 11,035,000
.
80
. Schedule 2
2006/2007 Drainage Capital Projects
Budget Summary
Map Pg. Project flfØÞØ$,cI Estimated Remaining
tD. No. To Date 2006/2007 2007/2008 Amount Total
Continuing Projects
~NO continuing projects for 2006/2007 I I $0 , t $01 I $0 I I $0 , $0
'1"Qt'I..ÇþajJigµJÞs...pr()J,çJ' SO SO SO/, SO :SO
New Projects
~Channel Cleaning / Street Drainage Imp. (2007) I I $0 , I $345;ooôl I $0 I I $0 I $345,000
........ .......... SO $345,000 SO SO $ª*$,ØQO
<'.< <.«
Future Projects
5 I - I Little Bear Creek (LB-1) Improvements I $0 I I =1 I $170,000 I $70,000 $240,000
6 I - I Meadowview Estates Channel 0 0 2,500,000 2,500,000
T§J'J...Fq,qr,:.pr9J'¢1$ ,$0 $0 $11Q,ººº $2.s1()t.ØØØ $a;T4()~øØØ
'1"ø~å'~'ºj.çtçø$t$ $0 $ª,,~~ØØO $11"()~ØØØ, $g,$1'()~QØØ $ª~«)Q$,ØQQ
. Sources of Funds
G.O. Bonds, Future Issuance (2003 Program) $0 $0 $0 $2,500,000 $2,500,000
G.O. Bonds, Existing Funds (2003 Program) 0 ,0 0 0 0
G.O. Bonds, Existing Funds (1994 Program) 165,500 0 0 0 165,500
G.O. Bonds, Existing Funds (1985 Program) 74,500 0 0 0 74,500
Project Savings 0 345.00ø 0 0 345,000
œø~ªI.::ªøijrçe$..of..Fl.Ïnd$ $240,000 SU$,()Q() SO $~,,~ø(),()()() $a,Q,$$,O()Q
I
I
.
81
.
.
.
Schedule 3
2006/2007 Utility Capital Projects
Budget Summary
Map Pg.
I.D. No.
1
2
3
4
5
6
7
8
9
Tè~I.,"@w·.~r9j!~t.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Future Sewer Projects
Line 1- 21" WW Relief Line along Loop 820
Line 10- 24" WW Line along Richland Plaza Dr
Line 11- 12" WW Line along Charles St
Line 12- 15" WW Line East along Whitfield Ct
Line 14- 30" WW Line along Oak Ridge Terrace
Line 15- 12" WW Line East of Cummings
Line 16- 12"/15" WW Line along Thornbird Rd
Line 17- 15" WW Line along Jennings Dr
Line 18- 12" WW Line along Diamond Loch W
Line 2- Lift Station Expansion
Line 3- 30" WW Relief Line along Industrial Park Blvd
Line 4- 18" WW Line along Little Ranch Rd
Line 5- 27" WW Line going north from Grapevine Hwy
Line 7- 27" WW Line going north from Grapevine Hwy
Line 8- Parallel 18" WW
Line 9- 12" WW Line along Rumfield and Redwood
Miscellaneous Sewer Line Rehabilitation
Project
To Date
$0
350,000
40,000
10,000
125,000
20,000
10,000
125,000
$680,000
Sl;115~ØØO
Estimated
2007/2008
$175,000
450,000
o
o
o
o
330,000
o
$9~}OØØ
Remaining
Amount
$1,000,000
150,000
o
o
o
o
o
o
$1.1$().OQØ
Total
$1,200,000
1,000,000
300,000
100,000
275,000
120,000
630,000
275,000
$ª~ØØØ,Qø()
$0 $1 00.000 $0 $0 $100,000
0 0 0 150,000
0 0 0 250,000
0 340,000 0 400,000
0 0 0 300,000
0 0 0 25,000
0 674,500 0 994,500
0 230,000 0 520,000
0 10,000 0 125,000
0 250tOoo 0 0 250,000
$0 $1',8$Ø,OOO $l,~54~fiOØ $0 $3..114,$ØØ:
82
$0
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
~
o
so
so>
$0
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
$107,675
605,270
670,784
1 ,548,624
565,958
406,896
464,218
500,976
300,392
1 ,354,772
748,944
1,813,224
1 ,431 ,360
302,400
1 ,181 ,783
1,450,848
4,032,000
$107,675
605,270
670,784
1 ,548,624
565,958
406,896
464,218
500,976
300,392
1,354,772
748,944
1,813,224
1 ,431 ,360
302,400
1,181,783
1,450,848
4,032,000
so $17,4ªØ~1~4 $17MtªØ~1~4
.
Schedule 3
2006/2007 Utility Capital Projects
Budget Summary
Map Pg.
I.D. No.
Future Water Projects
.
26 - Amundson 1.5 MG Elevated Storage Tank
27 - Booth Calloway 2 MG Ground Storage Tank
28 - Bursey 2 MG Elevated Storage Tank
29 - College Hills 5 MG General Storage Tank
- - Impact Fee Update
30 - Johnson Booster Pump Station Expansion
31 - Line 1- 24" WL along Mid-Cities Blvd
32 - Line 10- Add 5 MG GST at Watauga PS
33 - Line 11- 8" WL from Davis Blvd
34 - Line 12- 8" WL from existing 24" WL in Hightower Dr
35 - Line 13- Install 3 pressure reducing stations; Hwy 377
36 - Line 14- Offsite water supply improvements
37 - Line 15- 16" WL along N. Tarrant Pkwy
38 - Line 16- 16" WL along Smithfield Rd
39 - Line 17- 16" WL Hightower south along Meadow Rd
40 - Line 18- 12" WL along Eagle Crest Dr
41 - Line 19- 16" WL from existing 16" WL along Janetta Dr
42 - Line 2- 30" WL along Mid-Cities Blvd
43 - Line 20- 12" WL from Corona Dr
44 - Line 21-12" WL along Glenview Dr
45 - Line 22- Expand pumping capacity at Watauga PS
- - Line 23- Miscellaneous Water Line Rehabilitation
46 - Line 24- 16" WL from Davis Blvd
47 - Line 25- Replace existing 8" WL along SH 26
48 - Line 26- Replace 12" along FM3029
49 - Line 27- New 12" WL from Precinct Line Rd
- - Line 28- Miscellaneous Water Line Rehabilitation
50 - Line 4- 12"/16" WL along Holiday Ln
51 - Line 7- 16" WL from Mid-Cities south along Tecnol Blvd
52 - Line 8- 12" WL across Loop 820
53 - Line 9- 12" WL south from Janetta Dr along Holiday Ln
- - Miscellaneous Water Replacement
54 - Shady Grove 2 MG Elevated Storage Tank
- - Small Water Main Replacement
- - Telemetric Water Meter Annual Maintenance
Totål..,SôÛróØs.·:ôf·.Furidš
.
Project
To Date
$0
1,820,000
420,000
238,482
630,000
o
$3.1Q8f482
83
PrqÞ9"ct
200612007
Estimated
2007/2008
Remaining
Amount
Total
$0
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
$0 $500,000 $500,000
... 0 400,000 400,000
0 500,000 500,000
0 500,000 500,000
0 150,000 150,000
0 700,000 700,000
0 1,460,390 1,460,390
0 5,174,400 5,174,400
163,772 0 163,772
163,772 0 163,772
0 322,560 322,560
0 3,360,000 3,360,000
0 318,470 318,470
0 255,680 255,680
0 1,025,993 1,025,993
0 206,379 206,379
0 1,150,330 1,150,330
0 2,243,828 2,243,828
0 474,768 474,768
0 737,251 737,251
0 2,016,000 2,016,000
0 2,688,000 2,688,000
0 640,147 640,147
0 490,896 490,896
0 1,662,091 1,662,091
0 739,267 739,267
0 2,016,000 2,016,000
0 609,269 609,269
0 1,114,512 1,114,512
0 190,440 190,440
0 664,272 664,272
ift 285,950 553,240 839,190
0 500,000 500,000
228,250 457,400 685,650
300,000 600,000 900,000
.u $1,141,144 $34,4~1~$S3 $$$.$6$~$27
Bii~
$1.235a7Q
5øß~$1a
150~()()O
$1,141,744
$36,673.207 $39,050,121
2,406,518
570,000
238,482
630,000
15.964,500 17,168,830
914,500
$2.1611'51$
$2.()5$.244 $$~.f$3'7l7()t $f$ø~()$3~$$1
.
Schedule 4
2006/2007 Park and Recreation Capital Projects
Budget Summary
MaD fa:
ID No.
Remaining
Amount
Project
To Date
Estimated
2007/2008
1
2
3
4
5
6
7
8
9
10
11
..................:
$75,447 .... . $593,786 $0
201,325 Ä 2 485,354 165,1 1 1
0 530,268 310,000 0
$35,000 .......... $10,OPO $0 $0
40,000 2(),OÔO 0 0
0 145~OQ() 155,000 0
253,593 ><7ß,ßâå 0 0
64,210 20,000 0 0
260,139 ........ <79~a19 0 0
290,464 193,.708 1 ,442,518 473,310
356,763 115,554- 0 0
70,800 >29~2()0 0 0
804 149,196 0
422,985 330~6l.5 0 0
12
13
Total
$710,183
928,000
840,268
$45,000
60,000
300,000
330,458
84,210
339,458
2,400,000
472,317
100,000
150,000
753,600
$0 $0 $0 $25,000
0 24,000 0 54,000
. 14 0 0 0 37,000
15 15,000 200,000 304,200
16 275,000 0 300,000
0 0 61,000
17 0 0 30,000
18 $0 $2,500,000 $2,500,000
19 0 2,500,000 2,500,000
20 0 1,550,000 1,550,000
21 0 2,800,000 2,800,000
22 0 450,000 450,000
$0 $9,800,000
Sources of Funds
Sales Tax Reserve for CIP
TEA-21 Grant Funds
ISTEA Grant Funds
$309,000
150,000
1,455,925
$10,000,000
o
1,106,273
.
84
$14,281,720
150,000
3,692,974
.
.
.
Project Estimated Remaining
To Date 2007/2008 Amount Total
I I $0 II $0 I $800,000
Schedule 5
2006/2007 Aquatic Park Capital Projects
Budget Summary
MaD fa:
ID No.
Continuing Projects
1160 I New Park Attraction
~~
Future Projects
4 I - IGate Area
$0 II $500,000 I
$50,000
70,000
50,000
$500,000
~
$870,000 $0
....ôtâl··Sóurêês·ôf.,FÛric:ls
$100,000
$500,000 $1,470,000.
85
$500,000
50,000
920,000
.
.
.
Schedule 6
2006/2007 Municipal Facility Capital Projects
Budget Summary
MaD~
ID No.
Permanent Capital Maintenance Building Projects
1 169 Fire Stations 2 & 3 A aratus Sa s Renovation
2 170 Fire Stations 2 & 3 Interior Renovations
3 171 Fire Stations 2 & 3 Vehicle Exhaust Extraction S stems
4 173 HV AC Re lacement 2007
-r()~~I..·"'«Jrl1J.I1.r1t·.""¡r1~'J14ir)Ç4J..Pl"C)jø¢ts
5
6
7
8
9
10
11
mgJ@If':rqj,Çt,ºp§t$
Project
To Date
$1,570,000
o
o
450,000
o
75,000
o
o
$2.095,000
$2.0$5.QOO
$0
750,000
o
10,200,000
o
o
o
124,002
535,914
o
31 ,000
$t1,640,916
86
Estimated Remaining
2007/2008 Amount T ata I
$0 $0 $75,000
0 0 63,600
0 0 155,002
0 0 204,000
...
300" 000
--
--
<
$6,50.,000
$2,850,000
2,000,000
o
o
o
832,500
o
o
$0
19,900,000
o
o
o
1,942,500
o
o
$10,200,000
21,900,000
45,000
750,000
110,000
3,000,000
79,000
40,000
$5~68~~$ØØ $~1.Ø4~i$ØØ $a6,1~4~()()O
$7.Ø01~6Ø2
$$,øøa,$øo, $a1.a42~$øO $ªØ~Ø21~$Ø~
$1,5~O;6a$
$0 $0
0 0
1,300,000 0
2,000,000 18,800,000
500,000 600,000
0 0
0 0
0 0
0 0
260,000 0
0 0
$204,000
750,000
1,300,000
31,000,000
1,100,000
288,600
5,000
119,000
124,002
535,914
1,164,086
31,000
$4,Q$O,CJQº $19,4QQ,ºØº $ªØ~$~1,6º~
.
.
.
Department: City Secretary
Presented by:
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 8-28-2006
Agenda No.D.O
Subject: PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing.
No Items for this category.
.
.
.
Department: City Secretary
Presented by:
Subject: PUBLIC WORKS
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 8-28-2006
Agenda No.E.O
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: Public Works
Presented by: Mike Curtis
Council Meeting Date: 8-28-2006
Agenda No.E.1
Subject: PW 2006-029 Approve Resolution Providing Assurances on the Funding of
Requirements of the Enforcement Response Plan Required By the Texas Commission
on Environmental Quality - Resolution No. 2006-068
The City of Fort Worth (along with all the wholesale customer cities) has been directed
by the Texas Commission on Environmental Quality (TCEQ) to modify the city's
Pretreatment Program. The City of Fort Worth is requiring its wholesale customers to
submit several items which address the required revisions to the Industrial Wastewater
Pretreatment Proaram. The City of North Richland Hills only needs to provide the
following 3 items to meet these requirements.
1. City Resolution establishing the intent to fund the required Industrial Wastewater
Pretreatment Proaram/Enforcement Response Plan from user fees on industrial
customers (this Council item). We are actually already using this approach and
do not see any impact to us in continuing with this approach for funding costs in
the future as well.
2.
Ordinance revising the Industrial Wastewater Ordinance as required by the
TCEQ which will consist of some definition changes and permitting procedures
(the next Council item).
3. Attorney Statement (to be prepared separately by City Attorney, not an agenda
item) .
The City has had an Industrial Wastewater Pretreatment Proaram since 1991. This
resolution does not change that program, but provides a document from the City which
fulfills a TCEQ requirement placed on Fort Worth, the regional provider. All wholesale
customers have been requested to provide the same resolution.
The City Attorney has reviewed the resolution and advises that it is in full compliance
with the requirements requested by Fort Worth and the TCEQ.
Recommendation:
To approve Resolution No. 2006-068.
.
RESOLUTION NO. 2006-068
A RESOLUTION PROVIDING ASSURANCES ON THE FUNDING OF
REQUIREMENTS OF THE ENFORCEMENT RESPONSE PLAN
REQUIRED BY THE TEXAS COMMISSION ON ENVIORNMENTAL
QUALITY.
WHEREAS, the Texas Commission on Environmental Quality as mandated certain
changes to Industrial Waste Regulations and, pursuant to 40 C.F.R. 403,
requires that assurances be provided concerning the funding
requirements of the Enforcement Response Plan which is required by
such regulations;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICH LAND HILLS, TEXAS:
.
SECTION 1. THAT the City of North Richland Hills proposes to finance the additional
costs for the Enforcement Response Plan for its Industrial Waste
Ordinance Permit Administration and Enforcement regulations by
charging the regulated industries in accordance with the amount of work
required to monitor each industrial group. Charges for these services will
be developed for inclusion in the rate ordinance now in preparation. The
existing industrial charge system will be used, with appropriate
modifications, to recover additional costs.
PASSED AND APPROVED this the 28th day of August, 2006.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND lEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Mike Curtis, Public Works Director
.
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by: Mike Curtis
Council Meeting Date: 8-28-2006
Agenda No.E.2
Subject: PW 2006-030 Approve Amending Article IV of Chapter 78 of the North
Richland Hills Code of Ordinances and Amend the City's Industrial Waste Regulations -
Ordinance No. 2898
The City of Fort Worth has modified their Wastewater Pretreatment Ordinance as
required by the TCEQ and EPA. Since North Richland Hills is a customer of the City of
Fort Worth, we are therefore required to make the same revisions in our ordinance in
order to remain in compliance.
Below is a brief summary of the required changes.
· The deletion of some definitions.
· The addition of prohibited discharges.
· The concentration of certain pollutants being changed.
The attached ordinance details the changes that are being made. These changes will
not negatively impact the City's current program or budget.
Recommendation:
To approve Ordinance No. 2898.
eNRH
ORDINANCE NO. 2898
AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 78 OF THE
NORTH RICHLAND HILLS CODE OF ORDINANCES AND AMENDING
THE CITY'S INDUSTRIAL WASTE REGULATIONS TO CONFORM TO
REQUIREMENTS OF THE CITY OF FORT WORTH, THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY AND THE
ENVIRONMENTAL PROTECTION AGENCY; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the City's wastewater treatment provider, the City of Fort Worth, has
recently amended its Industrial Waste Regulations to meet requirements
of TCEQ and the EPA and the City of North Richland Hills is contractually
bound to make these same changes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF NORTH
RICHLAND HillS, TEXAS:
e
SECTION 1. THAT Sec. 78-211 of the North Richland Hills Code of Ordinances is
hereby amended by deleting the definitions of the terms "maximum daily
average" and "maximum grab."
SECTION 2. THAT Sec. 78-216 of the North Richland Hills Code of Ordinances is
hereby amended by adding to the listed prohibited discharges therein
listed the following:
17. "Oil and Grease"
A. Petroleum oil, non-degradable cutting oil, or non-polar products of
mineral oil origin in concentrations greater than 200 mg/L.
B. Visible free floatable polar oils, fats, or grease in wastewater
discharged from industrial or commercials into the POTW.
C. In no case shall discharges in amounts that cause interference or
operational problems with the POTW be allowed.
18. "BTEX concentration greater than 1.0 mg/L."
SECTION 3. THAT Sec. 78-217 E of the North Richland Hills Code of Ordinances be
amended to read as follows:
E. "WASTEWATER LIMITATIONS"
.
.
No person shall contribute or cause to be discharged, directly or indirectly, into
any sanitary sewer any wastewaters containing or having:
1. Acids or alkalies - acids or alkalies capable of causing damage to sewage
disposal structures or personnel or having a pH value lower than 5.5 or
higher than 11.0;
2. Metals - metals in the form of compounds or elements with total
concentrations exceeding the following:
POLLUTANT Maximum Allowable Discharae Limit maIL
.
Arsenic
Cadmium
Chromium
Copper
Cyanide
Lead
Mercury
Molybdenum
Nickel
Selenium
Silver
Zinc
0.2
0.1
2.9
2.3
0.5
0.9
0.0004
0.2
2.0
0.1
0.8
5.0
3. Cyanide - cyanide or cyanogen compounds (expressed as total Cñ) in
excess of 0.5 mg/L;
4. Gases - hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of 10
parts per million;
5. Radioactive - radioactive wastes or isotopes with a half-life or
concentration exceeding limits established by the Authority in compliance
with applicable state or federal regulations;
6. Toxics - toxic pollutants in sufficient quantity, either singly or by interaction
with other wastes, to injure or interfere with any wastewater treatment
process, constitute a hazard to humans or animals, or to pass through the
treatment plant and impair aquatic life in receiving water, as expressed by
the results of acute or chronic toxicity tests of the POTW effluent;
7. Temperature - a temperature which inhibits or interferes with biological
activity in the POTW treatment plant. In no case shall wastewater be
introduced which would have a temperature exceeding 40°C (104°F) upon
entering the POTW treatment plant;
.
.
.
.
8.
Categorical - pollutants in excess of the limitations established in an
applicable categorical pretreatment standard set forth in Title 40 of the
Code of Federal Regulations; and
9. Explosive - wastewaters which emanate vapors causing the atmosphere
in the sewer system to exceed 200k of the lower explosive limit in the
immediate area of the discharge."
SECTION 4. THAT Sec. 78-244 of the North Richland Hills Code of Ordinances be
amended by amending the title of such Section from "Operating Upsets" to
"Affirmative Defense to Discharge Violations."
SECTION 5. THAT the violation of any provision of this Ordinance or of the North
Richland Hills City Code relating to sewer service ~hall be deemed an
offense is punishable by a fine not exceeding Two Thousand Dollars
($2,000) for each violation per day. Civil penalties of up to $5,000 per
day, may be assessed for any violation relating to point source effluent
limitations or the discharge of a pollutant other than from a non-point
source, pursuant to Section 54.017, Texas Local Government Code.
SECTION 6. Publication. THAT the City Secretary of the City of North Richland Hills is
hereby directed to publish the caption and penalty of this ordinance in the
official City newspaper.
PASSED AND APPROVED this the 28th day of August, 2006.
CITY OF NORTH RICH LAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Mike Curtis, Public Works Director
.
.
.
Department: City Secretary
Presented by:
Subject: GENERAL ITEMS
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 8-28-2006
Agenda No.F.O
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office
Presented by: Richard Abernethy
Council Meeting Date: 8-28-2006
Agenda No.F.1
Subject: GN 2006-076 Contract Authorizing Pass Through Vehicle Replacement State
Grant Agreement for the Northeast Transportation Service - Resolution No. 2006-069
A contract proposal between the City of North Richland Hills and the Texas Department
of Transportation has been received for a vehicle replacement grant for the Northeast
Transportation Service (NETS). The City is acting as a pass through conduit for the
grant funds. No City funding is required to administer the contract.
Although the grant agreement is for Fiscal Year 2006, the contract will allow the grant to
be used up to April 30, 2007. The NETS Board unanimously approved the use of the
grant at their August 16, 2006 Board meeting and would plan to use the grant to replace
one of their older vehicles that is not able to operate on a full-time basis.
The total award amount is $42,873 and requires a local match of 20% or $8,574.60.
The local match will be funded from the NETS local fund budget. The grant also
requires any new vehicle, purchased with these funds, to be powered by a clean
burning fuel such as propane or natural gas.
Recommendation:
Approve Resolution No. 2006-069 authorizing the City Manager to sign the contract
allowing the City to act as a pass through until April 30, 2007.
.NRH
RESOLUTION NO. 2006-069
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND
HILLS, TEXAS
SECTION 1. THAT the City Manager is hereby authorized to execute a contract with
the Texas Department of Transportation for a pass through Vehicle
Replacement State Grant Agreement for the Northeast Transportation
Service (NETS), as the act and deed of the City of North Richland Hills.
PASSED AND APPROVED this the 28th of August, 2006.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
. Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Richard B. Abernethy, Asst to the City Manager
.
.
,
SUBRECIPIENT: City of North Richland Hills
FTA GRANT NO. TX-90-X624-00
VCR - STATE/LOCAL PUBLIC TRANSPORTATION (SECTION 5307 Subprovider) - FEDERAL
GRANT AGREEMENT NO.: 51602F7230
STATE PROJECT NO. VCR 0601(02)
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
STATE/LOCAL URBAN PUBLIC TRANSPORTATION
CAPITAL INVESTMENT GRANT AGREEMENT
THIS GRANT AGREEMENT is made by and between the State of Texas, acting through the
Texas Department of Transportation, hereinafter called the "State," and the City of North
Richland Hills, hereinafter called the "Subrecipient."
WITNESSETH
.
WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the
Subrecipient in procuring aid for the purpose of establishing and maintaining public and mass
transportation projects and to administer funds appropriated for public transportation under
Transportation Code, Chapter 456; and,
WHEREAS, the Subrecipient, as a 49 U.S.C. Section 5307 urban provider, submitted a
Fiscal Year Grant Application, Part I for state and/or federal financial assistance to be used
to provide transportation services; and,
WHEREAS, the Texas Transportation Commission has approved Minute Order Number
110379; and,
WHEREAS, the Subrecipient must execute a Fiscal Year Grant Application, Part I at the start
of each fiscal year grant period for consideration for new state and/or federal grants; and,
WHEREAS, the Subrecipient must execute a Fiscal Year Grant Application, Part II each year
for consideration for new federal grants; and,
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
hereinafter set forth, the State and the Subrecipient hereto agree as follows.
AGREEMENT
ARTICLE 1. GRANT PERIOD
This grant agreement becomes effective when fully executed by both parties or on March 13,
2006 whichever is later. This grant agreement shall terminate on April 30, 2007 unless
terminated or otherwise modified in an Amendment. Any cost incurred before or after the
contract period shall be ineligible for reimbursement. This grant agreement will not be
considered fully executed until the Subrecipient has submitted the Fiscal Year 06 Grant
Applications, Part I and the Part II (federal funds only) to the State.
.
.
5307 Federal - Government or Non Profit Entity
Contract No 51602F7230
ARTICLE 2. PROJECT DESCRIPTION
The Subrecipient shall commence, carry out and complete the public transportation project
described in the Fiscal year Grant Application, Part I and/or the attached Attachment A,
Project Description and Project Budget, with all practicable dispatch, in a sound, economical
and efficient manner.
The Subrecipient shall carryout the public transportation project described in the Fiscal Year
Grant Application, Part I and the Attachment A, Project Description and Project Budget in
accordance with all of the documents associated with this grant agreement, and with all
applicable federal and state laws and/or regulations.
If applicable, the Subrecipient shall begin competitive procurement procedures by issuing an
invitation for bids or a request for proposals no later than sixty (60) days after the effective
date of this grant agreement for the purchase of the approved line item(s) referenced in
Attachment A, Project Description and Project Budget. No later than sixty (60) days after the
issuance of public notification, the Subrecipient shall publicly open all bids or privately review
proposals. The Subrecipient shall enter into a binding agreement with a supplier no later
than thirty (30) days after the opening of an acceptable bid or proposal. The Subrecipient
shall notify the department in writing when it is necessary to exceed these deadlines.
.
ARTICLE 3. COMPENSATION
A. The maximum amount payable under this grant agreement without modification is
$ 42,873.00 provided that expenditures are made in accordance with the amounts and
for the purposes authorized in Attachment A, Project Description & Project Budget.
B. The State's reimbursement to the Subrecipient is contingent upon the availability of
appropriated funds. The State shall have no liability for any claims submitted by the
Subrecipient or its subcontractors, vendors, manufacturers or suppliers if sufficient
federal or state funds are not available to pay the Subrecipient's claims.
C. To be eligible for reimbursement under this grant agreement, a cost must be incurred
within the grant agreement period specified in Article 1, Grant Period, and be authorized
in Attachment A, Project Description & Project Budget.
D. The Subrecipient must submit requests for reimbursement to the State no more
frequently than monthly and no later than forty-five (45) days after the date of the
invoices submitted for reimbursement. The Subrecipient will use invoice statements
acceptable to the State. Additional documentation to support any cost incurred during
the billing period may be required at the discretion of the State. As a minimum, each
billing must be accompanied by a summary by budget line item which indicates the total
amount authorized for each line item, previous expenditures, current period
expend itures and the balance remaining in the line item.
E. The original and one copy of the invoice is to be submitted to the following address:
Maribel Chavez, P.E. District Engineer
Texas Department of Transportation
2501 SW Loop 820
FtWorth, Texas 76115
F. The State will make payment within thirty (30) days of the receipt of properly prepared
requests for reimbursement.
G. The Subrecipient will submit a final billing within forty-five (45) days of the completion or
termination of the grant agreement in accordance with Article 1, Grant Period.
City.of North Richland Hills VCR 0601 (02)
PTN-PTN_FGNP _5307SLUPT VCR Page 2 of 14 Rev 10/20/05
e
.
5307 Federal - Government or Non Profit Entity
Contract No 51602F7230
H. Because this contract provides for reimbursement of costs that have already been
incurred, it is the expectation of the State that all subcontractors and vendors will have
been paid before a request for reimbursement is submitted. If for any reason a
subcontractor or vendor has not been paid the Subrecipient shall pay that subcontractor
and/or vendor for work performed within ten (10) days after the Subrecipient receives
payment for the work performed by the subcontractor. Also, any retained monies on a
subcontractor's work shall be paid to the subcontractor within ten (10) days after the
Subrecipient receives any retainage payment. The State shall not be responsible for the
debts of the Subrecipient.
The requirement of paying contractors and vendors within ten (10) days is also
applicable to all sub-tier subcontractors and the above provisions shall be made a part
of all su bcontracts.
Failure to comply with any of the above requirements may cause withholding of
payments to the Subrecipient and will be grounds for termination of this grant
agreement by the State.
.
ARTICLE 4. AMENDMENTS
A. Except as noted below, changes in the scope, objectives, cost or duration of the project
authorized herein shall be enacted by written amendment approved by the parties
hereto before additional work may be performed or additional costs incurred. Any
amendment so approved must be executed by both parties within the grant period
specified in Article 1, Grant Period.
B. The Subrecipient is authorized to re-budget without a formal amendment when the
proposed revision involves an increase in one category and a corresponding decrease
in another, provided however, that any such revision meets all of the following criteria:
1. Does not result in the need for additional funds; and,
2. Does not exceed ten percent of the current total approved budget and the federal or
state funding exceeds $100,000; and,
3. Does not involve a transfer of funds from an authorized capital equipment purchase
to another category; and,
4. Does not involve a transfer of funds from training to another expense category; and,
5. Does not involve a transfer of funds from construction to a non-construction
category; and,
6. Does not involve a transfer of funds from a direct to indirect cost category.
C. If a proposed revision meets all of the criteria listed above, the Subrecipient must notify
the State in writing before the revision is made, describing the revision, explaining the
need, and certifying that it complies with the above criteria.
ARTICLE 5. SUBCONTRACTS
The Subrecipient shall not enter into any subcontract with individuals or organizations for the
purchase of equipment and/or to provide professional services without prior authorization and
consent to the subcontract by the State. Subcontracts in excess of $25,000 shall contain all
required provisions required by state or federal law. Subrecipients shall furnish the
department notice of the intent to award a purchase order or contract to any individuals or
organizations not a part of the Subrecipient's organization when the amount of the purchase
meets or exceeds the threshold level in the Government Code or Local Government Code (or
City of North Richland Hills VCR 0601 (02)
PTN-PTN_FGNP _5307SLUPT VCR Page 3 of 14 Rev 10/20105
e
·
5307 Federal - Government or Non Profit Entity
Contract No 51602F7230
$15,000 for those entities not covered by the Government Code or Local Government Code)
requiring formal competitive procurement. Purchases shall not be split out to stay below the
threshold amount. No subcontract will relieve the Subrecipient of its responsibility under this
grant agreement.
For a Subrecipient that is a for-profit organization, the provisions of the Federal Acquisition
,Regulation, 48 C.F.R. Chapter I, Subpart 31.2, "Contracts with Commercial Organizations"
apply.
ARTICLE 6. AUDIT REQUIREMENTS
Subrecipient audit procedures shall meet or exceed the audit requirements outlined in
applicable Federal Office of Management and Budget (OMB) publications as follows:
OMB Circular A-21 , Cost Principles for Educational Institutions
OMB Circular A-8?, Cost Principles for State and Local Governments
OMB Circular A-122, Cost Principles for Nonprofit Organizations
OMS Circular A-133, Audits of States, Local Governments and Non-Profit
Organizations
·
ARTICLE 7. PROCUREMENT STANDARDS
Subrecipient procurement standards shall meet or exceed the requirements of 49 C.F.R.
§18.36 including standards for competitive procurements; methods of procurement;
contracting with small and minority firms, women's business enterprise and labor surplus
area firms; contract cost and price; awarding agency review; insurance and bonding.
The Subrecipient's procurement system must include but not be limited to the following
procurement standards.
A. Procurement procedures which reflect applicable state and local laws and regulations,
provided that the procurements conform to applicable federal law and the standards
identified in this section.
B. A contract administration system which ensures that contractors perform in accordance
with the terms, conditions, and specifications of their contracts or purchase orders.
c. A written code of standards of conduct governing the performance of employees
engaged in the award and administration of contracts. No employee, officer, or agency
of the Subrecipient shall participate in selection or in the award or administration of a
contract supported by state or federal funds if a conflict of interest, real or apparent,
would be involved.
D. A process for review of proposed procurements to avoid purchase of unnecessary or
duplicative items.
E. Use of state and local intergovernmental agreements for procurement or use of
common goods and services to foster greater economy and efficiency.
F. Use of value engineering clauses in contracts for construction projects.
G. Awards made only to responsible contractors possessing the ability to perform
successfully under the terms and conditions of a proposed procurement, giving
consideration to such matters as contractor integrity, compliance with public policy,
record of past performance, and financial and technical resources.
H. Records sufficient to detail the significant history of procurement, including rationale for
the method of procu rement, selection of contract type, contractor selection or rejection,
and the basis for the contract price.
City of North Richland Hills
PTN-PTN_FGNP _5307SLUPT VCR
Page 4 of 14
VCR 0601 (02)
Rev 10/20/05
·
.
5307 Federal - Government or Non Profit Entity
Contract No 51602F7230
.
I. Limited use of time-and-materials contracts.
J. Use of good administrative practices and sound business judgment to settle contractual
and administrative issues arising out of procurements.
K. Protest procedures to handle and resolve disputes relating to procurements and prompt
disclosure to the State of information regarding the protest.
L. Procurement transactions conducted in a manner that provides full and open
competition.
M. If equipment or real property is transferred to a Subrecipient, that equipment or real
property shall be owned and operated in accordance with the same rules and
regulations governing the ownership and operation of equipment or real property
acquired with financial assistance from the State.
N. The equipment and program provisions survive the contract duration.
O. These standards will only apply to the project described in Attachment A, Project
Description and Project Budget.
For those projects requiring a formal competitive process, the Subrecipient shall furnish a
copy of the public notification, prior to issuance, along with any other procurement
documents requested by the department, for department review and approval. Upon
procurement of items under this grant agreement, the Subrecipient shall submit to the State a
list of all bidders and subcontractors that quoted on the procured items. The Subrecipient
shall submit the list with their requests for reimbursements and must include names,
addresses, telephone numbers, and type(s) of work quoted.
ARTICLE 8. PROPERTY MANAGEMENT
The State must concur in the award of all purchase orders for non-expendable personal
property as defined in 49 C.F.R. Section 18.31.
ARTICLE 9. EQUIPMENT MANAGEMENT
A. Management standards include, but are not limited to:
1. Recording the State's security interest as a lien on the certificate of title of the
vehicle at the time of purchase in accordance with Transportation Code, Chapter
501.
2. Maintain equipment records that include a description of the equipment; a serial
number or other identification number; the source of equipment; who holds title;
the acquisition date and cost of the equipment; percentage of federal and state
participation in the cost of the equipment; the location, use and condition of the
equipment; maintenance history for each vehicle; and ultimate disposition data
including the date of disposal and sale price.
3. Conduct a physical inventory of the equipment at least once every two (2) years
and reconcile the inventory with equipment records described in the preceding
paragraph.
4. Develop a control system to ensure adequate safeguards to prevent loss, damage,
or theft of the equipment. Any loss, damage, or theft shall be investigated.
5. Develop and follow procedures to keep the equipment maintained and in good
condition. At a minimum, the Subrecipient shall follow the vehicle maintenance
schedule recommended by the manufacturer, showing the date the maintenance
was performed. Maintenance records shall be provided to the State upon request.
City of North Richland Hills
PTN-PTN_FGNP _5307SLUPT VCR
Page 5 of 14
VCR 0601 (02)
Rev 10/20/05
.
·
5307 Federal - Government or Non Profit Entity
Contract No 51602F7230
6. Request disposition instructions from the State, and if authorized to sell the
equipment, use proper sales procedures to insure the highest possible return.
B. The Subrecipient will comply with Title 43, Texas Administrative Code §31.53, to protect
the public investment in real property and equipment purchased in whole or in part with
state or federal funds.
c. In the event that project equipment is not used in the proper manner or is withdrawn
from public transportation services, the Subrecipient shall immediately notify the State.
The State reserves the right to direct the sale or transfer of property acquired under this
grant agreement upon determination by the State that said property has not been fully
or properly used.
D. All vehicles purchased under this grant agreement shall comply with the Motor Vehicle
Safety Standards established by the US Department of Transportation.
E. Irrespective of coverage by insurance, unless otherwise approved in writing by the
State, in the event of loss or damage to project property, whether by casualty or fire, the
fair market value will be the value of the property immediately before the casualty or fire.
F. The Subrecipient shall notify the State immediately of theft, wreck, vandalism or other
destruction of project-related facilities or equipment.
·
ARTICLE 10. COORDINATION
According to Title 43 of the Texas Administrative Code §31.49, the Subrecipient will at all
times coordinate the provision of public transportation services with other transportation
operators, both public and private, in the area. The Subrecipient will furnish the State copies
of any agreement resulting from such coordination. Agreements that authorize the payment
of project funds to another entity are subject to the approval requirements described in Article
5, Subcontracts.
ARTICLE 11. LABOR PROTECTION PROVISIONS
If applicable, the Subrecipient shall comply with the labor protection provisions as listed below.
The Subrecipient agrees that the following terms and conditions shall apply for the
protection of employees in the mass passenger transportation industry in the area
of the project:
A. The project shall be carried out in such a manner and upon such terms and conditions
as will not adversely affect employees in the mass passenger transportation industry
within the service area of the project.
B. All rights, privileges, and benefits (including pension rights and benefits) of employees
(including employees already retired) shall be preserved and continued.
C. The Subrecipient shall be financially responsible for any deprivation of employment or
other worsening of employment position as a result of the project.
D. In the event an employee is terminated or laid off as a result of the project, he or she
shall be granted priority of employment or reemployment to fill any vacant position for
which he or she is, or by training or retraining can become, qualified. In the event
training is required by such employment or reemployment, the Subrecipient shall
provide or provide for such training or retraining at no cost to the employee.
E. Any employee who is laid off or otherwise deprived of employment or placed in a worse
position with respect to compensation. hours. working conditions. fringe benefits, or
rights and privileges pertaining thereto at any time during his or her employment as a
result of the project, including any program of efficiencies or economies directly or
City of North Richland Hills VCR 0601 (02)
PTN-PTN_FGNP _5307SLUPT VCR Page 6 of 14 Rev 10/20/05
·
·
5307 Federal - Government or Non Profit Entity
Contract No 51602 F7230
·
indirectly related thereto, shall be entitled to receive any applicable rights, privileges and
benefits as specified in the employee protective arrangement certified by the Secretary
of Labor under Section 405{b) of the Rail Passenger Service Act of 1970 on April 16,
1971. An employee shall not be regarded as deprived of employment or placed in a
worse position with respect to compensation, etc., in case of his or her resignation,
death, retirement, dismissal for cause, or failure to work due to disability or discipline.
The phrase Has a result of the project" as used herein shall include events occurring in
anticipation of, during, and subsequent to the project.
F. I n the event any provision of these conditions is held to the invalid or otherwise
unenforceable, the Subrecipient, the employees and/or their representatives may invoke
the jurisdiction of the Secretary of Labor to determine substitute fair and equitable
employee protective arrangements which shall be incorporated in these conditions.
G. The Subrecipient agrees that any controversy respecting the project's effects upon
employees, the interpretation or application of these conditions and the disposition of
any claim arising hereunder may be submitted by any party to the dispute including the
employees or their representative for determination by the Secretary of Labor, whose
decision shall be final.
H. The Subrecipient shall maintain and keep on file all relevant books and records in
sufficient detail as to provide the basic information necessary to the making of the
decisions called for in the preceding paragraph.
I. The Subrecipient will post, in a prominent and accessible place, a notice stating that the
Subrecipient is a Subrecipient of Federal assistance under the Federal Transit Act and
has agreed to comply with the provisions of 49 U.S.C., Section 5333(b).
The notice shall also specify the terms and conditions set forth herein for the protection of
employees.
ARTICLE 12. MONITORING
A. The State will monitor the progress of the project authorized in this agreement using
appropriate and necessary inspections, including but not limited to periodic reports,
physical inspection of project facilities, telephone conversations, letters, and
conferences.
B. The State shall monitor and conduct fiscal and/or program audits of the Subrecipient
and its contractors to verify the extent of services provided under the terms of the grant
agreement. Representatives of the State or Federal government shall have access to
project facilities and records at all reasonable times.
C. The state auditor may conduct an audit or investigation of any entity receiving funds
from the state directly under the contract or indirectly through a subcontract under the
contract. Acceptance of funds directly under the contract or indirectly through a
subcontract under this contract acts as acceptance of the authority of the state auditor,
under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds. An entity that is the subject of an audit or
investigation must provide the state auditor with access to any information the state
auditor considers relevant to the investigation or audit.
City of North Richland Hills
PTN-PTN_FGNP _5307SLUPT VCR
Page 7 of 14
VCR 0601 (02)
Rev 10/20/05
·
.
5307 Federal - Government or Non Profit Entity
Contract No 51602F7230
.
ARTICLE 13. REPORTS
A. The Subrecipient shall submit written or electronic reports at intervals and in a format
prescribed by the State.
1. Quarterly Operating Report - No later than fifteen (15) working days after the end of
the quarter, for which the report is made, the Subrecipient shall submit an activity
report to the State. At a minimum, the quarterly operating report will include the
number of vehicles in operation; total one-way passenger trips; total miles traveled;
total expenses, including administrative and operating expenses; revenue, including
fares and donations, operating cost per vehicle mile; operating cost per passenger
trip; and number of passengers per mile traveled. The State may require more
frequent operating reports for reasons of its own, or if the Subrecipient does not
provide the reports in a timely manner or if the reports indicate unfavorable trends.
2. Status of Procurements - If the grant includes the purchase of vehicles or other
capital equipment, the Subrecipient shall submit a quarterly report consisting of a
brief narrative including but not limited to procurement milestones, including date of
purchase order, vendor name and location, and estimated delivery date.
3. Status of Construction - If the grant includes construction, the Su brecipient shall
submit quarterly narrative reports which include but are not limited to the progress of
construction.
B. Regardless of the type of assistance included in the grant, the Subrecipient shall
promptly advise the State in writing if at any time the progress of the project will be
negatively or positively impacted, including:
1. Problems, delays or adverse conditions that will materially affect the Subrecipient's
ability to attain program objectives, prevent the meeting of time schedules and goals,
or preclude the attainment of project work units by established time periods. This
disclosure shall be accompanied by a statement of the action taken, or
contemplated, by the Subrecipient and any State assistance needed to resolve the
situation.
2. Favorable developments or events that will enable the Subrecipient to meet time
schedules and goals sooner than anticipated or produce more work units than
originally projected.
C. Every two (2) years, or more frequently when instructed by the State, the Subrecipient
shall conduct a physical inventory of grant-supported property as set forth in Article 9,
Equipment Management, and furnish the State a copy of the inventory.
D. The Subrecipient shall maintain written maintenance records for each grant-supported
vehicle, and shall make such records available to the State upon request. As a
minimum, the Subrecipient shall comply with the manufacturer's recommended
maintenance schedule.
ARTICLE 14. DISPUTES AND REMEDIES .
A. The Subrecipient shall be responsible for the settlement of all contractual and
administrative issues arising out of procurements entered in support of the grant.
B. Any dispute concerning the work hereunder, additional costs, or any other non-
procurement issue shall be submitted for resolution by informal mediation, in
accordance with the requirements of the Governmental Dispute Resolution Act, Chapter
2009, Government Code, unless the subject matter applies under Title 43, Texas
Administrative Code §9.2.
City of North Richland Hills
PTN-PTN_FGNP _5307SLUPT VCR
Page 8 of 14
VCR 0601 (02)
Rev 10/20/05
.
.
5307 Federal - Government or Non Profit Entity
Contract No 51602 F7230
C. This agreement shall not be considered as specifying the exclusive remedy for any
default, but all remedies existing at law and in equity may be availed of by either party
and shall be cumulative.
.
ARTICLE 15. TERMINATION
A. Either the State or the Subrecipient may terminate this agreement by giving thirty (30)
days' notice prior to termination in writing one to the other for reasons of its own and not
subject to the approval of the other party. In the event of termination for convenience,
neither the State nor the Subrecipient shall be subject to additional liability except as
otherwise provided in this agreement.
B. If both parties to this grant agreement agree that the continuation of the grant would not
produce beneficial results commensurate with the further expenditure of funds, the
parties shall agree upon the termination conditions, including the effective date. In the
event that both parties agree that resumption of the grant is warranted, a new grant
agreement must be developed and executed by both parties.
C. The State may terminate this grant agreement at any time before the date of completion
whenever it is determined that the Subrecipient has failed to comply with the conditions
of the grant agreement. Additionally, if the State notifies the Subrecipient of a major
deficiency and the Subrecipient does not respond in the manner required by the State,
the State will, immediately terminate the contract, direct the disposition of equipment
purchased with grant funds, or both. Upon termination of this grant agreement, whether
for cause or at the convenience of the parties hereto, title to all property and equipment
remains with the Subrecipient subject to the obligations and conditions set forth in this
grant agreement and 49 C.F.R. 18.31 and 18.32, unless the state or federal funding
agency issue disposition instructions to the contrary.
D. In the event of termination, the State may compensate the Subrecipient for those
eligible expenses incurred during the grant periods that are directly attributable to the
completed portion of the grant covered by this grant agreement, provided that the grant
has been completed in accordance with the terms of the grant agreement. The
Subrecipient shall not incur new obligations for the t~rminated portion after the effective
date of termination.
E. Except with respect to defaults of subcontractors, the Subrecipient shall not be in default
by reason of any failure in performance of this grant agreement in accordance with its
terms (including any failure by the Subrecipient to progress in the performance of the
work) if such failure arises out of causes beyond the control and without the default or
negligence of the Subrecipient. Such causes may include but are not limited to acts of
God or of the public enemy, acts of the Government in either its sovereign or contractual
capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and
unusually severe weather. In every case, however, the failure to perform must be beyond
the control and without the fault or negligence of the Subrecipient.
ARTICLE 16. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
REQUIREMENTS REQUIREMENTS FOR PUBLIC TRANSPORTATION CONTRACTS
It is the policy of the United States Department of Transportation (USDOT) and the Texas
Department of Transportation (TxDOT) that Disadvantaged Business Enterprises (DBE) as
defined in 49 C.F .R. Part 26 shall have the opportunity to participate in the performance of
City of North Richland Hills
PTN-PTN_FGNP _5307SLUPT VCR
Page 9 of 14
VCR 0601(02)
Rev 10/20/05
.
.
5307 Federal - Government or Non Profit Entity
Contract No 51602F7230
contracts financed in whole or in part with Federal funds. Consequently, the DBE and the
TxDOT's DBE Program requirements of 49 C.F.R. Part 26 apply to this contract as follows:
A. The Subrecipient and any subcontractor will strive to meet the annual DBE goal by
offering DBEs, as defined in 49 C.F.R. Part 26, Subpart A, the opportunity to compete
fairly for contracts and subcontracts. DBE participation shall be reported monthly.
B. The Subrecipient and any subcontractor shall not discriminate on the basis of race,
color, national origin or sex in the award and performance of contracts.
C. These requirements shall be physically included in any subcontract.
D. Failure to carry out the requirements set forth above shall constitute a material breach
of this contract and may, after the notification of the State, result in termination of the
contract by the TxDOT or other such remedy as the TxDOT deems appropriate.
ARTICLE 17. CONTROL OF SUBSTANCE ABUSE
A. The Subrecipient will certify compliance with 49 C.F.R. Parts 40,655 on or before
September 1 st of each year, using the certification form furnished by the State.
B. Section 5307 Subrecipient's will submit a copy of the Management Information System
(MIS) reports by March 15th of each year using forms furnished by the State.
C. Section 5311 Subrecipient's will submit required Management Information System (MIS)
reports on or before February 15th of each year using forms furnished by the State.
.
ARTICLE 18. PROHIBITED ACTIVITIES
A. Neither the Subrecipient nor any subcontractor shall use federal or state assistance
funds for publicity or propaganda purposes designed to support or defeat legislation
pending before Congress or the Texas Legislature.
B. No member of or delegate to the Congress of the United States shall share in this grant
agreement or benefit from it, except in the same manner as the general public.
C. No member, officer or employee of the Subrecipient during his tenure or one (1) year
thereafter shall have any interest, direct or indirect, in this grant agreement or the
proceeds thereof.
D. Texas Transportation Commission policy mandates that employees of the Texas
Department of Transportation (TxDOT) shall not accept any benefits, gifts or favors from
any person doing business or who reasonably speaking may do business with the State
under this grant agreement. The only exceptions allowed are ordinary business lunches
and items that have received the advanced written approval of TxDOT's Executive
Director.
E. Any persons doing business with or who may reasonably speaking do business with the
State under this grant agreement may not make any offer of benefits, gifts or favors to
TxDOT employees, except as mentioned here above. Failure on the part of the
Subrecipient to adhere to this policy may result in the termination of this grant
agreement.
F. The Subrecipient will comply with Texas Government Code, Chapter 573, by insuring
that no officer, employee or member of the Subrecipient's governing board or of the
Subrecipient's contractors or subcontractors shall vote or confirm the employment of
any person related within the second degree by affinity or third degree by consanguinity
to any member of the governing body or to any other officer or employee authorized to
employ or supervise such person.
City of North Richland Hills
PTN-PTN_FGNP _5307SLUPT VCR
Page 10 of 14
VCR 0601(02)
Rev 10/20/05
.
.
5307 Federal - Government or Non Profit Entity
Contract No 51602 F7230
This prohibition shall not prohibit the employment of a person who shall have been
continuously employed for a period of two (2) years prior to the election or appointment
of the officer, employee, governing body member related to such person in the
prohibited degree.
ARTICLE 19. OPEN MEETINGS
If applicable, the Subrecipient will comply with Texas Government Code, Chapter 551, which
requires all regular, special or called meetings of governmental bodies to be open to the
public, except as otherwise provided by law or specifically permitted in the Texas
Constitution.
.
ARTICLE 20. INDEMNIFICATION
A. To the extent permitted by law, the Subrecipient shall indemnify and save harmless the
State from all claims and liability due to activities of its agents, employees or volunteers
performed under this agreement and which result from an error, omission or negligent
act of the Subrecipient or of any person employed by the Subrecipient.
B. To the extent permitted by law, the Subrecipient shall also save harmless the State from
any and all expenses, including attorney fees, which might be incurred by the State in
litigation or otherwise resisting said claim or liabilities which might be imposed on the
State as a result of activities by the Subrecipient, its agents, employees or volunteers.
C. The Subrecipient acknowledges that it is not an agent, servant or employee of the State
and that it is responsible for its own acts and deeds and for those of its agents,
employees or volunteers during the performance of the grant agreement.
ARTICLE 21. COMPLIANCE WITH LAWS
The Subrecipient shall comply with all federal, state and local laws, statutes, ordinances,
rules and regulations, and the orders and decrees of any courts or administrative bodies or
tribunals in any matter affecting the performance of this grant, including without limitation
workers' compensation laws, minimum and maximum salary and wage statutes and
regulations, nondiscrimination laws and regulations, and licensing laws and regulations.
When required, the Subrecipient shall furnish the State with satisfactory proof of compliance
therewith.
ARTICLE 22. NONCOLLUSION
The Subrecipient warrants that it has not employed or retained any company or person, other
than a bona fide employee working for the firm, to sol.icit or secure this grant, and that it has
not paid or agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift or any other consideration contingent upon or
resulting from the award or making of this grant. If the Subrecipient breaches or violates this
warranty, the State shall have the right to annul this agreement without liability or, in its
discretion, to deduct from the grant price or consideration, or otherwise recover, the full
amount of such fee, commission, brokerage fee, gift, or contingent fee.
ARTICLE 23. CIVIL RIGHTS
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and
City of North Richland Hills
PTN-PTN_FGNP _5307SLUPT VCR
Page 11 of 14
VCR 0601 (02)
Rev 10/20/05
.
.
5307 Federal - Government or Non Profit Entity
Contract No 51602F7230
.
Federal transit law at 49 U.S.C. § 5332, the Subrecipient agrees that it will not discriminate
against any employee or applicant for employment because of race, color, creed, national
origin, sex, age, or disability. In addition, the Subrecipient agrees to comply with applicable
Federal implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. §
5332, the Subrecipient agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office
of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order
No. 11246, "Equal Employment Opportunity," as amended by Executive Order No.
11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of the Project. The Subrecipient
agrees to take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, creed,
national origin, sex, or age. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship. In addition, the Subrecipient agrees to
comply with any implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the
Subrecipient agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Subrecipient agrees to comply with any
implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Subrecipient agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act,"
29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition,
the Subrecipient agrees to comply with any implementing requirements FTA may
(3) ThJSSHBtecipient also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance provided by FT A, modified only if necessary to
identify the affected parties.
ARTICLE 24. NONDISCRIMINATION ON THE BASIS OF DISABILITY
The Subrecipient agrees that no otherwise qualified person with disability(s) shall, solely by
reason of his/her disability, be excluded from participation in, be denied the benefits of, or
otherwise be subject to discrimination under the project. The Subrecipient shall insure that all
fixed facility construction or alteration and all new equipment included in the project comply
with applicable regulations set forth at 49 CFR 27, Nondiscrimination on the Basis of
City of North Richland Hills VCR 0601 (02)
PTN-PTN_FGNP _5307SLUPT VCR Page 12 of 14 Rev 10/20/05
.
.
5307 Federal - Government or Non Profit Entity
Contract No 51602F7230
Handicap in Programs and Activities Receiving or Benefiting from Federal Financial
Assistance. and the Americans with Disabilities Act.
ARTICLE 25. PROGRAM INCOME
A. Except for income from royalties and proceeds from the sale of real property or
equipment. the Subrecipient shall retain program income and apply such income
to allowable capital or operating expenses. If federally funded. Program Income
from royalties and proceeds from sale of real property or equipment shall be
handled as specified in Attachment B - Federal Provisions.
B. The Subrecipient shall comply with standards governing the receipt and application of
program income as set forth in 49 C.F.R. §18.25. Program Income. Program income
means gross income received by the Subrecipient directly generated by a grant
supported activity. or earned only as a result of this grant agreement during the time
period specified in Article 1. Grant Period.
C. Program income includes income from fees for services performed. from the use or
rental of real or personal property acquired with grant funds, from the sale of
commodities or items fabricated under a grant agreement, and from payments of
principal and interest on loans made with grant funds. Except as otherwise provided in
federal regulations. program income does not include grant funds. rebates, credits
discounts. refunds, and the interest earned on any of these receipts.
.
ARTICLE 26. SUCCESSORS AND ASSIGNS
The Subrecipient binds themselves. their successors. assigns, executors and administrators
in respect to all covenants of this agreement. The Subrecipient shall not sign, sublet or
transfer their interest in this agreement without the written consent of the State.
ARTICLE 27. LEGAL CONSTRUCTION
In case anyone or more of the provisions contained in this agreement shall for any reason
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
ARTICLE 28. PRIOR AGREEMENTS
This agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the parties
respecting the public transportation grant specifically authorized and funded under this
agreement.
ARTICLE 29. SPECIAL PROVISIONS FOR CONSTRUCTION AND REPAIR CONTRACTS
A. Signs - The Subrecipient shall cause to be erected at the site of construction, and
maintained during construction. signs satisfactory to the State and the U.S. Department
of Transportation identifying the project and indicating that the Government is
participating in the development of the project.
B. Hazardous Materials - The Subrecipient will conduct an inspection of the building for
hazardous materials; asbestos and lead-based paint. Removal and disposal will be in
accordance with local. state and federal regulations. prior to the initiation of
City of North Richland Hills VCR 0601 (02)
PTN-PTN_FGNP _5307SLUPT VCR Page 13 of 14 Rev 10/20/05
.
.
5307 Federal - Government or Non Profit Entity
Contract No 51602F7230
construction.
ARTICLE 30. NOT APPLICABLE
ARTICLE 31. SIGNATORY WARRANTY
The undersigned signatory for the Subrecipient hereby represents and warrants that he or
she is an officer of the organization for which he or she has executed this agreement and
that he or she has full and complete authority to enter into this agreement on behalf of the
organization.
ARTICLE 32. INCORPORATION OF PROVISIONS.
Attachments A through B are attached hereto and incorporated into this contract as if fully set
forth herein.
IN TESTIMONY WHEREOF. the parties hereto have caused these presents to be executed
in duplicate counterparts.
THE STATE OF TEXAS
CITY OF NORTH RICH LAND HILLS
.
Executed for the Executive Director and approved for the
Texas Transportation Commission for the purpose and
effect of activating and/or carrying out the orders, By:
established policies or work programs heretofore approved
and authorized by the Texas Transportation Commission.
Signature of Authorized Officer
By:
Typed, Printed or Stamped Name
Maribel Chavez, P. E.
Ft Worth District Engineer
Title:
Date:
Date:
List of Attachment
A - Project Description & Project Budget
B - Federal Provisions
City of North Richland Hills
PTN-PTN_FGNP _5307SLUPT VCR
Page 14 of 14
VCR 0601 (02)
Rev 10/20105
.
·
·
·
....
w
0 C)
(W')
N C
"'"
u. ::J
N m
0
<0 ....
Ú;
0 0
Z W
Õ .,
co 0
E<C a::
8.... D..
Z C
W z
:E <C
:J: Z
(.) 0
«
~ ¡::
Il.
õ2
(J
U)
w
c
....
0 ~
w
., 3:
0 "'C
0::: c
ta
a.. :E
u N 0
õ2 M
e- N
.....
.c or- LL
1:: 0 N
0 CO 0
Z 0 CO
..... £r: or-
0 U It)
~ > Ò
U Ö z
.;.: z ...
... U
C U ta
(1) (1) ~
...
.0. .[ c
·ü 0
~ Q. U
(1) U
.Q .....
::s J! fI)
en en :i
~
ë
w
iE
o
c.t
è:
o
z
o
ë
Q)
E
c
Q)
>
o
C>
I
-æ
Q)
"'C
Q)
U.
..
.c
(.)
~
ca N
:E <'!
ñi ~
CO
(.) to-
O aj
-I
fI. ~
to-
~
..
~ 0
0
G) M
"'C
G) to-
LL CO
Ñ
fI. ~
M fl)-
CO
ñi
~
o
I-
o~
ZC
::;)
G)
c.
~
I-
a;
:s
LL
Q)
"'C
o
(J
:J
<C
~
o
C)
Q)
~
ca
(J
«
.....,0
æ<C
E Q)
Q).t::.
..cen"'"
.....,,-.t::.
o§ ::J ~
(/) -e ~
æ'Q3 ~
.2 c::: æ
'- ..c .-
Q) (.) a.
E ...., E
«~o
Q) (.)
£~.5
..co"'"
~-J0
~ C
Q) ?fl. o~
(,) to-- ...........
c: ~ en
Jg-g~
a. (.)
E cao-
_..c
8~~.c
c~Q).9
.- Q) > ca
~u..ß::E
.....,~('Qëij
CJ) M Q) (,)
::J ex).t::. 0
EQ)::...J
(j)£~?fl.
Ci)'--c0
~~~N
.t::. Q) . - -0
Q)::ë 5- æ
> 'ë> (,) -
Q) == co ca
>Q)""''-
OQ)c~
..c..cQ)Q)
ca E 1.L
Q)oa.
.t::. ....., . - ~
....., ........... ::J 0
'- « c:r 0
o « Q) ex;)
~U-oQ)
-0 .......... Q) ..c
Q).....,.....-
.~ (.) co ==
::J « ã) ~
ff.= 7 0
ca«~~
cæ:ëC:::
Q)Q)Q)"""
E->c
a.U Q) Q)
. - "O.t::. E
::Jc"""Q)
CTcaccn
Q) 0 '-
-o~rJ)..5
20~E
ca « '-.-
ã5..........~Q)
,-"""cC:::
cb (.) co Q)
o«,-.t::.
. - cn 0 .....,
..c Q) ~ ..
Q)+:=~«
>==-«
Q):ë cU
.t::. co·-
t- .~ êO -g
.. 0 c::: ca
8<t:
,.. -
-e
,.. Q)
~~
o (,)
Q:: .~
~<
-r-
~
o
Q)
C)
co
a.
Q::
Ü
>
r-
a..
C/):::::>
_-J
==Cf)
I"""
"'00
eM
('Q~
~ 0..1
.- Z
D::<!)
.c1J..
-e I
o Z
Zr-
....0..
o I
~Z
.- r-
Uo..
.
Federal- Government or Non-Profit Entity
Contract No 51602F7230
ATTACHMENT B
FEDERAL PROVISIONS
TABLE OF CONTENTS
.
Section 1. Project Implementation.
A. General Requirements.
B. U.S. DOT Administrative Requirements.
C. Application of Federal, State, and Local Laws and Regulations.
D. Significant Participation by a Third Party Contractor.
E. Recipient's Responsibility to Extend Federal Requirements to Other Entities.
F. No Federal Government Obligations to Third Parties.
G. Changes in Project Performance (i.e., Disputes, Breaches, Defaults or
Litigation ).
H. Incorporation of Federal Transit Administration (FT A) Terms
I. State and Local Law Disclaimer
J. Federal Changes
Section 2. Ethics.
A. Debarment and Suspension.
S. Lobbying Restrictions.
C. False or Fraudulent Statements or Claims.
Section 3. Accounting Records.
A. Project Accounts.
B. Documentation of Project Costs and Program Income.
Section 4. Reporting, Record Retention, and Access.
A. Record Retention.
B. Access to Records of Recipients and Recipients.
C. Project Close-out.
Section 5. Costs Reimbursed.
Section 6. Civil Rights.
A. Nondiscrimination.
B. Equal Employment Opportunity.
C. Requirements.
Section 7. Bus Requirements.
A. Charter Bus
S. School Bus
Section 8. Procurement.
A. Federal Standards.
B. Buy America.
C. Exclusionary or Discriminatory Specifications.
D. Bus Seat Specifications.
E. Clean Air and Clean Water.
F. Preference for Recycled Products.
.
Page 1 of 24
Attachment B
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
G. Architectural, Engineering, Design, or Related Services.
H. Award to Other than the Lowest Bidder.
I. Rolling Stock.
J. Bonding.
K. National Intelligent Transportation Systems Architecture and Standards.
L. Fly America.
M. Cargo Preference Requirements.
Section 9. Leases.
A. Capital Leases.
B. Leases Involving Certificates of Participation.
C. Cross-Border Leases.
.
Section 10. Patent Rights.
A. General.
B. Federal Rights.
Section 11. Rights in Data and Copyrights.
A. Definition.
B. State and Federal Restrictions.
C. Federal Rights in Data and Copyrights.
D. Special Rights in Data for Research, Development, Demonstration, and
Special Studies (Planning) Projects.
E. Hold Harmless.
F. Restrictions on Access to Patent Rights.
G. Statutory Requirements to Release Data.
Section 12. Use of Real Property, Equipment. and Supplies.
A. Use of Project Property.
B. General Federal Requirements.
C. 5310 Program.
D. Maintenance.
E. Records.
F. Encumbrance of Project Property.
G. Transfer of Project Property.
H. Disposition of Project Property.
I. Misused or Damaged Project Property.
J. Obligations After Project Close-out.
Section 13. Insurance.
A. Minimum Requirements.
B. Flood Hazards.
Section 14. Relocation.
A. Relocation Protections.
B. Nondiscrimination in Housing.
Section 15. Real Property.
A. Land Acquisition.
.
Page 2 of 24
Attachment B
.
Federal- Government or Non-Profit Entity
Contract No 51602F7230
.
B. Covenant Assuring Nondiscrimination.
C. Record i ng Title of Real Property.
D. FTA Approval of Changes in Real Property Ownership.
Section 16. Construction.
A. Drafting, Review, and Approval of Construction Plans and Specifications.
B. Supervision of Construction.
C. Construction Reports.
D. Project Management for Major Capital Projects.
E. Seismic Safety.
Section 17. Employee Protections.
A. Construction Activities.
B. Activities Not Involving Construction.
C. State and Local Government Employees.
D. Transit Employee Protective Arrangements.
Section 18. Environmental Requirements.
A. Use of Public Lands.
B. Coastal Zone Management.
C. Environmental Justice.
Section 19. Energy Conservation.
Section 20. State Management and Monitoring Systems.
Section 21. Right of Privacy.
Section 22. Not Applicable.
Section 23. Metric System.
Section 24. Substance Abuse.
A. Drug Abuse.
B. Alcohol Abuse.
Section 25. State Safety Oversight of Rail Fixed Guideway Public Systems.
Section 26. Seat Belt Use.
Section 27. Special Requirements for Urbanized Area Formula Projects.
A. Fares and Services.
B. Audit Requirements.
C. Half-Fare Requirements.
D. Procurement of an Associated Capital Maintenance Product.
E. Transit Security.
F. Restrictions on the Use of Formula Assistance for Operations.
G. Reporting Requirements.
H. Criminal Sanctions.
Section 28. Not Applicable.
.
Page 3 of 24
Attachment B
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
Section 29. Special Requirements for Job Access and Reverse Commute Grant
Projects.
A. General Requirements.
B. Restrictions on the Use of Grant Funds.
Section 30. Special Requirements for Over-the-Road Bus Accessibility Projects.
A. General Requirements.
B. Special Requirements.
C. FTA Notice.
Section 31. Disputes, Breaches, Defaults, or Other Litigation.
A. Notification.
B. Federal Interest in Recovery.
C. Enforcement.
D. State and FTA Concurrence.
E. Termination for Convenience.
.
.
Page 4 of 24
Attachment B
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
FEDERAL GENERAL TERMS AND CONDITIONS
FOR PUBLIC TRANSPORTATION PROJECTS
.
This document contains standard terms and conditions governing the administration of a public
transportation project supported with Federal assistance through the Texas Department of
Transportation ("Staten).
The State and the Recipient/Subgrantee ("Recipientn) understand and agree that not every provision
of this document will apply to every Recipient or every project depending upon the nature of the
Project and the section of the statute authorizing the financial assistance.
Thus, in consideration of the mutual covenants, promises, and representations herein, the State and
the Recipient agree as follows:
Section 1. Project Implementation
A. General requirements.
1. Effective Date. The effective date of this agreement is the date of final execution by
both parties. The Recipient agrees to begin the Project in a timely manner.
2. Recipient's Capacity. The Recipient agrees to maintain or acquire sufficient legal,
financial, technical, and managerial capacity to plan, manage, and complete the
Project, and provide for the use of Project facilities and equipment, to comply with the
terms of the agreement, and all applicable Federal laws, executive orders, regulations,
directives, and published policies governing this Project.
3. Completion Dates. The Recipient agrees to complete the Project in a timely manner.
B. U.S. DOT Administrative Requirements. The Recipient acknowledges that Federal
administrative requirements differ based on the type of entity receiving Federal assistance:
1. A Recipient that is a State, a local government, or an Indian tribal government agrees to
comply with U.S. DOT regulations, "Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments," 49 C.F.R. Part 18.
2. A Recipient that is an institution of higher education or a nonprofit organization agrees
to comply with U.S. DOT regulations, "Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations," 49 C.F.R. Part 19.
C. Application of Federal, State, and Local Laws and Regulations. The Recipient acknowledges
that Federal laws, regulations, policies, and related administrative practices applicable to the
Project may be modified from time to time. The Recipient agrees that the most recent of such
Federal requirements will govern the administration of the Project at any particular time, unless
FT A issues a written determination otherwise.
D. The Recipient agrees to include notice in each agreement with any third party contractor
participating in the Project that State or Federal requirements may change and the changed
requirements will apply to the Project as required, unless the State or Federal Government
determines otherwise.
E. Significant Participation by a Third Party Contractor. Although the Recipient may enter into a
third party contract in which the third party contractor agrees to provide property or services in
support of the Project, or even carry out Project activities normally performed by the Recipient,
the Recipient continues to remain responsible to the Federal Transportation Administration
(FTA) for compliance with Federal requirements.
F. Recipient's Responsibility to Extend Federal Requirements to Other Entities.
.
Page 5 of 24
Attachment B
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
.
1. Entities Affected. The Recipient agrees to take appropriate measures necessary to
ensure any"third party contractors comply with applicable Federal requirements.
2. Documents Affected. The Recipient agrees to require its third party contractors to
include adequate provisions to ensure compliance with applicable Federal requirements
in each lower tier subcontract and subagreement financed in whole or in part with
financial assistance.
G. No State or Federal Government Obligations to Third Parties. The Recipient agrees that,
absent the State or Federal Government's express written consent, the State or Federal
Government shall not be subject to any obligations or liabilities to any Recipient or any third
party contractor, or any other person.
H. Changes in Project Performance (Le., Disputes. Breaches, Defaults or Litigation). The
Recipient agrees to notify the State immediately of any change in conditions (such as its legal,
financial, or technical capacity), or any other event that may significantly affect the Recipient's
ability to perform the Project.
I. Incorporation of Federal Transit Administration (FT A) Terms. The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required by
DOT, as set forth in FT A Circular 4220.1 0, dated April 15, 1996 and as amended August 4,
1998, are hereby incorporated by reference. Anything to the contrary herein notwithstanding,
all FT A mandated terms shall be deemed to control in the event of a conflict with other
provisions contained in this Agreement. The Recipient shall not perform any act, fail to perform
any act, or refuse to comply with any requests which would cause anyone to be in violation of
the FTA terms and conditions.
J. State and Local Law Disclaimer. The wording in the suggested clauses in the FTA Best
Practices Procurement Manual is not governed by Federal law, but is significantly affected by
State law. The language of the suggested clauses may need to be modified depending on
state law, and that before the suggested clauses are used in the Recipient's procurement
documents, the Recipient's should consult with its local attorney.
K. Federal Changes. Recipient shall at all times comply with all applicable FT A regulations,
policies, procedure and directives, as they may be amended or promulgated from time to time
during the term of any contract related to this solicitation. Recipient's failure to so comply may
constitute a material breach of the underlying contract.
Section 2. Ethics
A. Debarment and Suspension. The Recipient agrees to comply, and assures the compliance of
any third party contractor, with Executive Order Numbers 12549 and 12689, "Debarment and
Suspension," 31 U.S.C. §6101 note, and U.S. DOT regulations, "Government wide Debarment
and Suspension (Non procurement)," within 49 C.F.R. Part 29.
B. Lobbying Restrictions. The Recipient agrees to:
1. Refrain from using Federal assistance funds to support lobbying,
2. Comply, and assure the compliance of each third party contractor at any tier with U.S.
DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as
necessary by 31 U.S.C. §1352.
3. Comply with Federal statutory provisions to the extent applicable prohibiting the use of
Federal assistance funds for activities designed to influence Congress or a State
legislature on legislation or appropriations, except through proper, official channels.
4. Sign the Lobbying Certification attached.
Page 6 of 24 Attachment B
.
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
.
C. False or Fraudulent Statements or Claims. The Recipient acknowledges and agrees that:
1. The Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §3801 et seq.
and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to
its activities in connection with the Project. Accordingly, by executing the agreement,
the Recipient certifies or affirms the truthfulness and accuracy of each statement it has
made, it makes, or it may make in connection with the Project covered by the
agreement. In addition to other penalties that may apply, the Recipient also
acknowledges that if it makes a false, fictitious, or fraudulent claim, statement,
submission, or certification to the State or Federal Government, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986, as amended, to the extent the Federal Government deems
appropriate.
2. If the Recipient makes a false, fictitious, or fraudulent claim, statement, submission, or
certification to the State in connection with an urbanized area formula project financed
with Federal assistance authorized for 49 U.S.C. §5307, the Government reserves the
right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n)(1), to the
extent the Federal Government deems appropriate.
Section 3. Accounting Records
A. Project Accounts. The Recipient agrees to establish and maintain for the Project either a
separate set of accounts, or separate accounts within the framework of an established
accounting system, that can be identified with the Project. The Recipient agrees that all
checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related
in whole or in part to the Project shall be clearly identified, readily accessible and available to
FT A upon its request, and, to the extent feasible, kept separate from documents not related to
the Project.
B. Documentation of Project Costs and Program Income. The Recipient agrees to support all
costs charged to the Project, including any approved services contributed by the Recipient or
others, with properly executed payrolls, time records, invoices. contracts, or vouchers
describing in detail the nature and propriety of the charges. The Recipient also agrees to
maintain accurate records of all program income derived from implementing the Project.
except certain income determined by FTA to be exempt from the general Federal program
income requirements.
Section 4. Reporting, Record Retention, and Access
A. Record Retention. The Recipient agrees to maintain intact and readily accessible all data,
documents, reports, records, contracts, and supporting materials relating to the Project as the
State or the Federal Government may require during the course of the Project and for four
years thereafter.
B. Access to Records. Upon request, the Recipient agrees to permit and require its Recipients to
permit the U.S. Secretary of Transportation, the Comptroller General of the United States, and
the State, or their authorized representatives, to inspect all Project work, materials, payrolls,
and other data, and to audit the books, records, and accounts pertaining to the Project.
c. Project Close-out. Project close-out does not alter the reporting and record retention
requirements of this Agreement.
Section 5. Costs Reimbursed
.
Page 7 of 24
Attachment B
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
.
The Recipient understands and agrees that Project costs eligible for participation must comply with
all the following requirements:
1. Conform with the Attachment A, Approved Project Description, the Attachment 8,
Project Budget, and all other terms of the agreement;
2. Are necessary in order to accomplish the Project;
3. Are reasonable for the goods or services purchased;
4. Are actual net costs to the Recipient (Le., the price paid minus any refunds, rebates, or
other items of value received by the Recipient that have the effect of reducing the cost
actually incurred, excluding program income);
5. Are incurred within the agreement time period;
6. Are satisfactorily documented;
7. Are treated consistently in accordance with accounting principles and procedures
approved by the State;
8. Are eligible under State and Federal law, regulation, rule, or guidelines for participation;
and
9. Unless permitted otherwise by Federal statute or regulation, comply with the: (1) U.S.
Office of Management and Budget (OMB) CircularA-87, Revised, "Cost Principles for
State and Local Governments" if the Recipient is a local government or an Indian tribal
government; (2) OMB Circular A-21 , Revised, "Cost Principles for Educational
Institutions" if the Recipient is an institution of higher education; (3) OMB Circular A-
122, Revised, "Cost Principles for Non-Profit Organizations" if the Recipient is a private
nonprofit organization; or (4) Federal Acquisition Regulation, 48 C.F.R. Chapter I,
Subpart 31.2, "Contracts with Commercial Organizations" if the Recipient is a for-pro~t
organization. Additionally, the Recipient shall comply with the requirements of the
Single Audit Act of 1984, P .L. 98-502, ensuring that the single audit report includes the
coverage stipulated in OMB Circular A-133.
Section 6. Civil Rights.
The Recipient agrees to comply with all applicable civil rights statutes and implementing regulations
including, but not limited to, the following:
(A) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section
202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49
U.S.C.§ 5332, the Recipient agrees that it will not discriminate against any employee or applicant for
employment because of race, color, creed, national origin, sex, age, or disability. In addition, the.
Recipient agrees to comply with applicable Federal implementing regulations and other implementing
requirements FT A may issue.
(B) Equal Employment Opportunity - The following equal employment opportunity requirements apply
to the underlying contract:
(1) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights
Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the
Recipient agrees to comply with all applicable equal employment opportunity requirements of
U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq .,
(which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended
Page 8 of 24 Attachment B
.
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect construction
activities undertaken in the course of the Project. The Recipient agrees to take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, national origin, sex, or age. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeship. In addition, the Recipient
agrees to comply with any implementing requirements FTA may issue.
(2) Age - I n accordance with section 4 of the Age Discrimination in Employment Act of 1967,
as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the Recipient
agrees to refrain from discrimination against present and prospective employees for reason of
age. In addition, the Recipient agrees to comply with any implementing requirements FTA may
issue.
.
(3) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Recipient agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining
to employment of persons with disabilities. In addition, the Recipient agrees to comply with any
implementing requirements FTA may issue.
(C) Requirements. The Recipient also agrees to include these requirements in each subcontract
financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to
identify the affected parties.
Section 7. Bus Requirements
The Recipient agrees to comply with the following:
A. Charter Service Operations. The Recipient agrees to comply with 49 U.S.C. 5323(d) and 49
CFR Part 604, which provides that recipients and Recipients of FT A assistance are prohibited
from providing charter service using federally funded equipment or facilities if there is at least
one private charter operator willing and able to provide the service, except under one of the
exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must
be "incidental," Le., it must not interfere with or detract from the provision of mass
transportation.
B. School Bus Operations. Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and
Recipients of FT A assistance may not engage in school bus operations exclusively for the
transportation of students and school personnel in competition with private school bus
operators unless qualified under specified exemptions. When operating exclusive school bus
service under an allowable exemption, recipients and Recipients may not use federally funded
equipment, vehicles, or facilities.
Section 8. Procurement
To the extent applicable, the Recipient agrees to comply with the following third party procurement
requirements:
.
Page 9 of 24
Attachment B
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
.
A. Federal Standards. The Recipient agrees to comply with FTA Circular 4220.1 D, "Third Party
Contracting Requirements," including any revision or replacement thereof, and applicable
Federal regulations or requirements, including FTA third party contracting regulations when
promulgated. The FTA Best Practices Procurement Manual provides additional procurement
guidance. Nevertheless, be aware that the FT A Best Practices Procurement Manual is
focused on procurement processes and may omit certain Federal requirements applicable to
the work to be performed.
B. Buy America. The Recipient agrees to comply with 49 U.S.C. § 53230) and 49 CFR Part 661,
which provide that Federal funds may not be obligated unless steel, iron, and manufactured
products used in FTA-funded projects are produced in the United States, unless a waiver has
been granted by FT A or the product is subject to a general waiver. General waivers are listed
in 49 CFR § 661.7, and include final assembly in the United States for 15 passenger vans and
15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software,
and small purchases (currently less than $100,000) made with capital, operating, or planning
funds. Separate requirements for rolling stock are set out at § 5323U)(2)(C) and 49 CFR §
661.11. Rolling stock not subject to a general waiver must be manufactured in the United
States and have a 60 percent domestic content.
A bidder or offeror must submit to the FT A recipient the appropriate Buy America certification
with all bids on FT A-funded contracts, except those subject to a general waiver. Bids or offers
that are not accompanied by a completed Buy America certification must be rejected as
nonresponsive. This requirement does not apply to lower tier subcontractors.
C. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements imposed
by Federal statute or regulations, the Recipient agrees to comply with the requirements of 49
U.S.C. §5323(h)(2) by refraining from using any Federal assistance awarded by FTA to
support procurements using exclusionary or discriminatory specifications.
D. Bus Seat Specifications. The Recipient may use specifications conforming with the
requirements of 49 U.S.C. §5323(e) to acquire bus seats.
E. Clean Air and Clean Water. The Recipient agrees to include in third party contracts exceeding
$100,000 adequate provisions to ensure that Project participants report the use of facilities
placed or likely to be placed on EPA's "List of Violating Facilities," refrain from using violating
facilities, report violations to FT A and the Regional EPA Office, and comply with the inspection
and other applicable requirements of:
1. Section 114 of the Clean Air Act, as amended, 42 U.S.C. §7414, and other applicable
provisions of the Clean Air Act, as amended, 42 U.S.C. §7401 et seq.; and
2. Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1318,
and other provisions of the Federal Water Pollution Control Act, as amended, 33 U.S.C.
§1251 et seq.
F. Preference for Recycled Products. To the extent applicable, the Recipient agrees to comply
with U.S. Environmental Protection Agency (U.S. EPA) "Comprehensive Procurement
Guidelines for Products Containing Recovered Materials," 40 C.F.R. Part 247, implementing
section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6962,
and otherwise provide a competitive preference for products and services that conserve
natural resources and protect the environment and are energy efficient.
G. Architectural, Engineering, Design, or Related Services. When procuring architectural,
engineering, or related services, the Recipient agrees to comply with the provisions of 49
U.S.C. §5325(b), either by negotiating for those services in the same manner as a contract for
Page 10 of 24
Attachment B
.
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
.
architectural and engineering services is negotiated under Title IX of the Federal Property and
Administrative Services Act of 1949, as amended, 40 U.S.C. §541 at saq., or by using an
equivalent qualifications-based requirement of the State. When, awarding contracts for
architectural, engineering, or related services, the Recipient agrees to accept undisputed
audits conducted by other governmental agencies, in accordance with 23 U.S.C. §112(b)(2)
(C) through (F). To the extent the Recipient qualifies for an exception in accordance with 49
U.S.C. §5325(b), however, this subsection does not apply.
H. Award to Other than the Lowest Bidder. In accordance with 49 U.S.C. §5325(c), a Recipient
may award a third party contract to a party other than the lowest bidder, when such an award
furthers objectives consistent with the purposes of 49 U.S.C. Chapter 53 and any
implementing regulations, directives, circulars, manuals, or other guidance FT A may issue and
is consistent with state law.
I. Rolling Stock. In acquiring rolling stock, the Recipient agrees as follows:
1. Method of Acquisition. The Recipient may award a third party contract for rolling stock
based on initial capital costs, performance, standardization, life cycle costs, and other
factors, or based on a competitive procurement process, in accordance with 49 U.S.C.
§5326( c).
2. Multi-year Options. In accordance with 49 U.S.C. §5326(b)(1), a Recipient may procure
rolling stock using financial assistance appropriated for 49 U.S.C. Chapter 53 using a
contract with an option, not to exceed 5 years after the date of the original contract, to
purchase additional rolling stock or replacement.
3. Pre-Award and Post-Delivery Requirements. The Recipient agrees to comply with the
requirements of 49 U.S.C. §5323(m) and FTA regulations, "Pre-Award and Post-
Delivery Audits of Rolling Stock Purchases," 49 C.F.R. Part 663, and any revision
thereto.
4. Bus Testing. To the extent applicable, the Recipient agrees to comply with the
requirements of 49 U.S.C. §5323(c) and FTA regulations, "Bus Testing," 49 C.F.R. Part
665, and any revision thereto.
J. Bonding. To the extent applicable, the recipient agrees to comply with the following bonding
requirements.
1. Construction Activities. The Recipient agrees to provide bid guarantee, contract
performance, and payment bonding to the extent deemed adequate by FTA and
applicable Federal regulations, and comply with any other bonding requirements FT A
may issue.
2. Other Activities. The Recipient agrees to comply with any other bonding requirements
or restrictions FT A may impose.
K. National Intelligent Transportation Systems Architecture and Standards. The Recipient agrees
to conform, to the extent applicable, to the National Intelligent Transportation Standards
architecture in compliance with section 5206(e) of TEA-21, 23 U.S.C. §502 note, and with
FHW A/FT A's "Transportation Equity Act for the 21 st Century; the Interim Guidance on
Conformity with the National Intelligent Transportation Systems (ITS) Architecture and
Standards," 63 Fed. Reg. 70443 et seq., December 21, 1998, and other subsequent Federal
directives that may be issued.
L. Fly America Requirements. The Recipient agrees to comply with 49 U.S.C. § 40118 (the .tFly
America" Act) in accordance with the General Services Administration's regulations at 41 CFR
Part 301-10, which provide that recipients and Recipients of Federal funds and their
Page 11 of 24
Attachment B
.
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
.
contractors are required to use U.S. Flag air carriers for U.S Government-financed
international air travel and transportation of their personal effects or property, to the extent
such service is available, unless travel by foreign air carrier is a matter of necessity, as defined
by the Fly America Act. The Recipient shall submit, if a foreign air carrier was used, an
appropriate certification or memorandum adequately explaining why service by a U.S. flag air
carrier was not available or why it was necessary to use a foreign air carrier and shall, in any
event, provide a certificate of compliance with the Fly America requirements. The Recipient
agrees to include the requirements of this section in all subcontracts that may involve
international air transportation.
M. Cargo Preference. Use of United States-Flag Vessels - The Recipient agrees: a. to use
privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved,
whenever shipping any equipment, material, or commodities pursuant to the underlying
contract to the extent such vessels are available at fair and reasonable rates for United States-
Flag commercial vessels; b. to furnish within 20 working days following the date of loading for
shipments originating within the United States or within 30 working days following the date of
leading for shipments originating outside the United States, a legible copy of a rated, "on-
board" commercial ocean bill-of-Iading in English for each shipment of cargo described in the
preceding paragraph to the Division of National Cargo, Office of Market Development,
Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the
Recipient in the case of a subcontractor's bill-of-Iading.) c. to include these requirements in all
subcontracts issued pursuant to this contract when the subcontract may involve the transport
of equipment, material, or commodities by ocean vessel.
Section 9. Leases
A. Capital Leases. To the extent applicable, the Recipient agrees to comply with FT A regulations,
"Capital Leases," 49 C.F .R. Part 639, and any revision thereto.
B. Leases Involving Certificates of Participation. The Recipient agrees to obtain FTA concurrence
before entering into a leasing arrangement involving the issuance of certificates of
participation in connection with the acquisition of any capital asset.
C. Cross-Border Leases. To the extent applicable, the Recipient agrees to comply with FTA
Circular 7020.1, "Cross-Border Leasing Guidelines," April 26, 1990, in connection with the
acquisition of capital assets involving a cross-border lease.
Section 10. Patent Rights
A. General. If any invention, improvement, or discovery of the Recipient or any of its third party
contractors is conceived or first actually reduced to practice in the course of or under the
Project, and that invention, improvement, or discovery is patentable under the laws of the
United States of America or any foreign country, the Recipient agrees to notify FTA
immediately and provide a detailed report.
B. Federal Rights. The Recipient agrees that its rights and responsibilities, and those of each
third party contractor at any tier pertaining to that invention, improvement, or discovery will be
determined in accordance with applicable State and Federal laws, regulations, including any
waiver thereof. Absent a determination in writing to the contrary by the State and Federal
Government, the Recipient agrees to transmit to the State and FT A those rights due the State
and Federal Government in any invention, improvement, or discovery resulting from that third
party contract as specified in U.S. Department of Commerce regulations, "Rights to Inventions
Page 12 of 24 Attachment B
.
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
.
Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," 37 C.F.R. Part 401 (implementing the Presidential
Memorandum [Statement] on Government Patent Policy to the Heads of Executive
Departments and Agencies, dated February 18, 1983, 19 Weekly Compo Pres. Doc. 252-253,
Feb. 28, 1983), irrespective of the status of the Recipient, any Recipient, or any third party
contractor at any tier (Le., a large business, small business, State government or State
instrumentality, local government, nonprofit organization, institution of higher education,
individual, etc.).
Section 11. Rights in Data and Copyrights
A. Definition. The term "subject data" used in this section means recorded information, whether
or not copyrighted, that is delivered or specified to be delivered under the agreement.
Examples include, but are not limited to: computer software, standards, specifications,
engineering drawings and associated lists, process sheets, manuals, technical reports, catalog
item identifications, and related information. The term "subject data" used in this section does
not include financial reports, cost analyses, or similar information used for Project
administration.
B. State and Federal Restrictions. Except for its own internal use, the Recipient may not publish
or reproduce subject data in whole or in part, or in any manner or form, nor may the Recipient
authorize others to do so, without the written consent of the State and Federal Government.
until such time as the State and Federal Government may have either released or approved
the release of such data to the public unless the Recipient is an institution of higher learning.
C. Federal Rights in Data and Copyrights. The Recipient agrees to provide to the State and
Federal Government a royalty-free, non-exclusive and irrevocable license to reproduce,
publish, or otherwise use, and to authorize others to use, for State and Federal Government
purposes the "subject data." As used in the previous sentence, "for State and Federal
Government purposes," means use only for the direct purposes of the State and Federal
Government. Without the copyright owner's consent, the State and Federal Government may
not extend to other parties the State or Federal Government's license to:
1. Any subject data developed under the agreement or under a third party contract
financed by the agreement, whether or not a copyright has been obtained: and
2. Any rights of copyright to which a Recipient or a third party contractor purchases
ownership with Federal assistance.
D. Special Rights in Data for Research, Development, Demonstration, and Special Studies
(Planning) Projects. FT A's and the State's purpose in providing financial assistance for a
special studies (planning), research, development, or demonstration Project, is to increase
transportation knowledge. rather than limit the benefits of the Project to participants in the
Project. Therefore, unless FTA and the State determine otherwise, the Recipient of financial
assistance to support a research, development, demonstration, or a special studies (planning)
Project agrees that, in addition to the rights in data and copyrights of this agreement, FT A and
the State may make available to any FT A recipient, Recipient, third party contractor, or third
party subcontractor, either FT A's or the State's license in the copyright to the subject data or a
copy of the subject data. If the Project is not completed for any reason whatsoever, all data
developed under that Project shall become subject data and shall be delivered as the FT A and
the State may direct. This Subsection does not apply to adaptations of automatic data
processing equipment or programs for the Recipient's use whose costs are financed with
Federal funds for capital Projects.
Page 13 of 24 Attachment B
e
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
.
E. Hold Harmless. Except as prohibited or otherwise limited by law, the Recipient agrees to
indemnify, save, and hold harmless the State and the Federal Government and its officers,
agents, and employees acting within the scope of their official duties against any liability,
including costs and expenses, resulting from any willful or intentional violation by the Recipient
of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation,
reproduction, delivery, use, or disposition of any data furnished under the Project.
F. Restrictions on Access to Patent Rights. Nothing in this section shall imply a license to the
State and the Federal Government under any patent or be construed to affect the scope of
any license or other right otherwise granted to the Federal Government under any patent.
G. Statutory Requirements to Release Data. The Recipient understands and agrees that data
and information submitted may be required to be made available for dissemination under the
Texas Public Information (Government Code, Chapter 552) or Freedom of Information Act, or
other Federal statute(s) in accordance with implementation instructions contained in 49 C.F.R.
§19.36, revised March, 2000, to the extent applicable, and any subsequent applicable State or
Federal requirements that may be promulgated.
Section 12. Use of Real Property, Equipment, and Supplies
Unless otherwise approved by FTA, the Recipient agrees to comply with the following requirements
with respect to real property, equipment, and supplies:
A. Use of Property. The Recipient agrees to use Project real property, equipment, and supplies
for appropriate Project purposes (which may include joint development purposes that generate
program income, both during and after the award period used to support transit activities) for
the duration of the useful life of that property, as required by FTA. Should the Recipient
unreasonably delay or fail to use Project property during the useful life of that property, the
Recipient agrees that it may be required to return the entire amount of the Federal assistance
expended on that property. The Recipient further agrees to notify FTA immediately when any
Project property is withdrawn from Project use or when Project property is used in a manner
substantially different from the representations made in the Application or the Project
Description for the Grant Agreement.
B. General Federal Requirements. A Recipient that is a State, a local government, or an Indian
tribal government agrees to comply with property management standards of 49 C.F.R. §18.31
through 18.34, including any amendments thereto, and other applicable guidelines or
regulations the Federal Government may issue. A Recipient that is an institution of higher
education, or a private nonprofit organization, agrees to comply with 49 C.F.R. §19.30 through
19.37, including any amendments thereto, and other applicable guidelines or regulations the
Federal Government may issue. Any exception to the requirements of 49 C.F.R. §18.31
through 18.34, and to 49 C.F.R. §19.30 through 19.37, requires the express approval of the
State and Federal Government. A Recipient that is a for-profit organization agrees to comply
with property management standards satisfactory to FTA. Nevertheless, FTA has established
specific reimbursement requirements for premature dispositions of certain Project equipment
(Le., when Project equipment is withdrawn from appropriate use before the expiration of the
equipment's useful life established by FT A).
C. 5310 Program. The Recipient, where practical, shall make available the vehicle purchased
under this program to provide transportation to other elderly persons and persons with
disabilities beyond the Recipient's own clients when not being used for grant-related purposes.
According to FT A C 9070.1 E, the Recipient/Recipient shall also provide transportation to the
Page 14 of 24
Attachment B
.
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
.
general public on an incidental basis if such service does not interfere with transportation
services for the general elderly and disabled public.
D. Maintenance. The Recipient agrees to maintain Project real property and equipment in good
operating order, in compliance with any guidelines, directives, or regulations the State or FT A
may issue.
E. Records. The Recipient agrees to keep satisfactory records regarding the use of Project real
property, equipment, and supplies, and submit to the FTA upon request such information as
may be required to assure compliance.
F. Encumbrance of Project Property. The Recipient agrees to maintain satisfactory continuing
control of Project real property or equipment. Thus, absent written authorization by FT A
permitting otherwise:
1. Written Transactions. The Recipient agrees to refrain from executing any transfer of
title, lease, lien, pledge, mortgage, encumbrance, third party contract, grant anticipation
note, alienation, or any other obligation that in any way would affect the Federal or
State interest in any Project real property or equipment. .
2. Oral Transactions. The Recipient agrees to refrain from obligating itself in any manner
to any third party with respect to Project real property or equipment.
3. Other Actions. The Recipient agrees to refrain from taking any action that would either
adversely affect the Federal or State interest or impair the Recipient's continuing control
of the use of Project real property or equipment.
G. Transfer of Project Property. The Recipient understands and agrees as follows:
1. Recipient Request. The Recipient may transfer assets financed with Federal assistance
authorized for 49 U.S.C. chapter 53 to a public body to be used for any public purpose
with no further obligation to the Federal Government, provided the transfer is approved
by the State and Federal Transit Administrator and conforms with the requirements of
49 U.S.C. §5334(g)(1) and (2).
2. Direction. The Recipient agrees that the State may direct the disposition of, and even
require the Recipient to transfer title to, any real property, equipment, or supplies
financed with Federal assistance.
3. Leasing Project Property to Another Party. If the Recipient leases any Project asset to
another party, the Recipient agrees to retain ownership of the leased asset, and assure
that the lessee will use the Project asset appropriately, either through a "Lease and
Supervisory Agreement" between the Recipient and lessee, or another similar
document. Upon request, the Recipient agrees to provide a copy of any relevant
documents.
H. Disposition of Project Property. With prior FT A and State approval, the Recipient may sell,
transfer, or lease Project property and use the proceeds to reduce the gross project cost of
other eligible capital transit projects to the extent permitted by 49 U.S.C. §5334(g)(4).
Nevertheless, the Recipient agrees that the State may establish the useful life for Project
property, and that the Recipient will use Project property continuously and appropriately
throughout that useful life.
1. Project Property Whose Useful Life Has Expired. When the useful life of Project
Property has expired, the Recipient agrees to comply with FTA's and the State's
disposition requirements.
2. Project Property Prematurely Withdrawn from Use. For property withdrawn from
appropriate use before its useful life has expired, the Recipient agrees as follows:
Page 15 of 24
Attachment B
.
.
Federal- Government or Non-Profit Entity
Contract No 51602F7230
.
a) Notification Requirement. The Recipient agrees to notify the State immediately when
any Project real property, equipment, or supplies are prematurely withdrawn from
appropriate use, whether by planned withdrawal, misuse, or casualty loss.
b) Calculating the Fair Market Value of Prematurely Withdrawn Project Property. The
Recipient agrees that the Federal Government retains a Federal interest in the fair
market value of Project property prematurely withdrawn from mass transportation
use. The amount of the Federal interest in the property shall be determined on the
basis of the ratio of the Federal assistance awarded by the Federal Government for
the property to the actual cost of the Property. The Recipient agrees that the fair
market value of property prematurely withdrawn from use will be calculated as
follows:
1) Equipment and Supplies. Unless otherwise determined in writing by the State,
fair market value shall be calculated by straight-line depreciation of the
equipment or supplies, based on the useful life of the equipment or supplies
established or approved by the State.
The fair market value of equipment and supplies shall be the value immediately
before the occurrence prompting the withdrawal of that property from use. In the
case of equipment or supplies lost or damaged by fire, casualty, or natural
disaster, the fair market value shall be calculated on the basis of the condition of
that property immediately before the fire, casualty, or natural disaster,
irrespective of the extent of insurance coverage. As authorized by 49 C.F.R.
§18.32(b), the State may use its own disposition procedures, provided that those
procedures comply with the State's laws.
2) Real Property. The Recipient agrees that the fair market value of real property
shall be determined either by competent appraisal based on an appropriate date
approved by the Federal Government, as provided by 49 C.F.R. Part 24, or by
straight line depreciation, whichever is greater.
3) Exceptional Circumstances. The State reserves the right to require the use of
another method of determining the fair market value of property. In unusual
circumstances, the Recipient may request that another reasonable valuation
method be used including, but not limited to, accelerated depreciation,
comparable sales, or established market values. In determining whether to
approve such a request, the State may consider any action taken, omission
made, or unfortunate occurrence suffered by the Recipient with respect to the
preservation or conservation of Project property withdrawn from appropriate use.
c) Obligations. Unless otherwise approved in writing by the State, the Recipient is
required to remit to the State the Federal interest in the fair market value of Project
real property, equipment, or supplies prematurely withdrawn from appropriate use.
In the case of fire, casualty, or natural disaster, the Recipient may fulfill its
responsibilities with respect to the Federal interest remaining in the damaged
equipment or supplies by either:
1) Investing an amount equal to the remaining Federal interest in like-kind
equipment or supplies that are eligible for assistance within the scope of the
Project that provided financial assistance for the damaged equipment or
supplies; or
Page 16 of 24
Attachment B
.
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
2) Returning an amount equal to the remaining Federal interest in the damaged
property.
I. Misused or Damaged Project Property. If any damage to Project real property, equipment, or
supplies results from abuse or misuse of that property occurring with the Recipient's
knowledge and consent, the Recipient agrees to restore that real property or equipment to its
original condition or refund the value of the Federal interest in the damaged property, as the
State may require.
J. Obligations After Project Close-out. A Recipient that is a State, local, or Indian tribal
government agrees that Project close-out will not alter its property management obligations
and applicable State and Federal rules and regulations and other FT A requirements or
directives.
.
Section 13. Insurance
In addition to any other insurance requirements that may apply in connection with the Project, the
Recipient agrees as follows:
A. Minimum Requirements. At a minimum, the Recipient agrees to comply with the insurance
requirements normally imposed by the laws, regulations, and ordinances imposed by its State
and local governments. For construction and/or repair contracts, the Recipient shall comply
with insurance requirements as established in 49 C.F.R. Part 18.
B. Flood Hazards. To the extent applicable, the Recipient agrees to comply with the flood
insurance purchase requirements of section 102(a) of the Flood Disaster Protection Act of
1973, 42 U.S.C. §4012a(a), with respect to any Project activity involving construction or
acquisition having an insurable cost of $10,000 or more.
Section 14. Relocation
When relocation of individuals or businesses is required, the Recipient agrees to comply with the
following requirements:
A. Relocation Protections. The Recipient agrees to comply with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §4601
et seq.; and U.S. DOT regulations, "Uniform Relocation and Real Property Acquisition for
Federal and Federally Assisted Programs," 49 C.F .R. Part 24, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal
and federally assisted programs. These requirements apply to all interests in real property
acquired for Project purposes regardless of Federal participation in purchases.
B. Nondiscrimination in Housing. The Recipient agrees to comply with Title VIII of the Civil Rights
Act of 1968,42 U.S.C. §3601 et seq. and Executive Order No. 12892, "Leadership and
Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing," 42
U.S.C. §3608 note, when carrying out its responsibilities to provide housing used to meet
Federal relocation requirements.
Section 15. Real Property
For Projects involving real property, the Recipient agrees as follows:
A. Land Acquisition. The Recipient agrees to comply with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §4601 et seq.; and
U.S. DOT regulations, "Uniform Relocation and Real Property Acquisition for Federal and
Federally Assisted Programs," 49 C.F.R. Part 24. These requirements apply to all interests in
real property acquired for Project purposes regardless of Federal participation in purchases.
.
Page 17 of 24
Attachment B
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
.
B. Covenant Assuring Nondiscrimination. The Recipient agrees to include a covenant in the title
of the real property to assure nondiscrimination during the useful life of the Project.
C. Recording Title to Real Property. To the extent required by the State and FTA, the Recipient
agrees to record the State and Federal interest in the title of real property.
D. Approval of Changes in Real Property Ownership. The Recipient agrees that it will not dispose
of, modify the use of, or change the terms of the real property title, or other interest in the site
and facilities without permission and instructions from the State.
Section 16. Construction
For activities involving construction, the Recipient agrees as follows:
A. Drafting, Review, and Approval of Construction Plans and Specifications. To the extent
required by the State, the Recipient agrees to comply with State requests pertaining to the
drafting, review, and approval of construction plans and specifications.
B. Supervision of Construction. The Recipient agrees to provide and maintain competent and
adequate engineering supervision at the construction site to ensure that the complete work
conforms to the approved plans and specifications.
C. Construction Reports. The Recipient agrees to provide progress reports and such other
information as may be required by the State.
D. Project Management for Major Capital Projects. The Recipient agrees to comply with FTA
regulations, "Project Management Oversight," 49 C.F.R. Part 633, and any revision thereto,
applicable to a Major Capital Project.
E. Seismic Safety. The Recipient agrees to comply with the U.S. DOT regulations at 49 C.F .R.
Part 41, Executive Order No. 12699, "Seismic Safety of Federal and Federally-Assisted or
Regulated New Building Construction," 42 U.S.C. §7704 note, pursuant to the Earthquake
Hazards Reduction Act of 1977, as amended, 42 U.S. C. §7701 et seq., pertaining to seismic
safety in DOT assisted construction projects (specifically, 49 C.F .R. §41.117), and with any
implementing guidelines FTA may issue.
Section 17. Employee Protections
A. Construction Activities. The Recipient agrees to comply, and assures the compliance of each
contractor to any tier, with the following employee protection requirements for construction
employees:
1. Davis-Bacon Act, as amended, 40 U.S.C. §276a - 276a(7), FT A's enabling legislation
requiring compliance with the Davis-Bacon Act, at 49 U.S.C. §5333(a), and U.S. DOL
regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to
Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards
Act)," 29 C.F.R. Part 5;
2. Contract Work Hours and Safety Standards Act, as amended, particularly with the
requirements of section 102 of the Act, 40 U.S.C. §327 - 332; and U.S. DOL
regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to
Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards
Act)," 29 C.F.R. Part 5; and with section 107 of the Act, 40 U.S.C. §333, and U.S. DOL
regulations, "Safety and Health Regulations for Construction," 29 C.F .R. Part 1926; and
3. Copeland "Anti-Kickback" Act, as amended, 18 U.S.C. §874 and 40 U.S.C. §276c, and
U.S. DOL regulations, "Contractors and Subcontractors on Public Building or Public
.
Page 18 of 24
Attachment B
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
.
Work Financed in Whole or in part by Loans or Grants from the United States," 29
C.F .R. Part 3.
B. Activities Not Involving Construction. The Recipient agrees to comply, and assures the
compliance of contractors at any tier, with any applicable employee protection requirements for
nonconstruction employees of section 102 of the Contract Work Hours and Safety Standards
Act, as amended, 40 U.S.C. §327 - 332, and U.S. DOL regulations, "Labor Standards
Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction
(also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the
Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5.
C. State and Local Government Employees. The Recipient agrees that the minimum wage and
overtime provisions of the Fair Labor Standards Act, as amended, 29 U.S.C. §206 and 207,
apply to employees performing Project work involving commerce, and apply to any State or
local government employees that are public transit authority employees. Thus, the Recipient,
agrees to comply with the Fair Labor Standards Act's minimum wage and overtime
requirements for employees performing Project work.
D. Transit Employee Protective Arrangements. If transit employee protective arrangements
required by U.S. DOL apply to transit operations performed in connection with the Project, the
Recipient agrees to comply with the applicable requirements for its Project as follows:
1. Standard Transit Employee Protective Arrangements. To the extent that the Project
involves transit operations, the Recipient agrees to implement the Project in compliance
with terms and conditions the U.S. Secretary of Labor has determined to be fair and
equitable to protect the interests of any employees affected by the Project and that
meet the requirements of 49 U.S.C. §5333(b), and of the U.S. DOL guidelines, "Section
5333(b), Federal Transit Law," 29 C.F.R. Part 215 and any amendments thereto.
These terms and conditions are identified in U.S. DOL's certification of transit employee
protective arrangements to FT A. The Recipient agrees to implement the Project in
compliance with the conditions stated in that U.S. DOL certification. That U.S. DOL
certification and any documents cited therein are incorporated by reference. The
requirements of this paragraph do not apply to Projects for the elderly and persons with
disabilities that are authorized by 49 U.S.C. §531 0(a)(2) or to Projects for nonurbanized
areas that are authorized by 49 U.S.C. §5311; separate requirements for those Projects
are contained in Subsections 17.0(2) and 17.0(3) of this Agreement.
2. Transit Employee Protective Arrangements for Projects for Elderly and Persons with
Disabilities Authorized by 49 U.S.C. §5310(a)(2). To the extent that the U.S. Secretary
of Transportation has determined or determines in the future that employee protective
arrangements required by 49 U.S.C. §5333(b) are necessary or appropriate for a public
body Recipient under the Project, the Recipient agrees to carry out the Project in
compliance with the terms and conditions determined by the Secretary of Labor
necessary to meet the requirements of 49 U.S.C. §5333(b), and the U.S. DOL
guidelines, "Section 5333(b), Federal Transit Law, tt at 29 C. F. R. Part 215, and any
amendments thereto. These terms and conditions are identified in U.S. DOL's
certification of transit employee protective arrangements to FTA. The Recipient agrees
to implement the Project in compliance with the conditions stated in that U.S. DOL
certification. That U.S. DOL certification and any documents cited therein are
incorporated by reference and made part of this Agreement.
Page 19 of 24
Attachment B
.
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
3. Transit Employee Protective Arrangements for Projects in Nonurbanized Areas
Authorized by 49 U.S.C. §5311. The Recipient agrees to comply with the terms and
conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the
Secretaries of Transportation and Labor, dated May 31, 1979, U.S. DOL implementing
procedures, and any revisions thereto.
.
Section 18. Environmental Requirements
The Recipient recognizes that many Federal and State laws imposing environmental and resource
conservation requirements may apply to the Project. Some, but not all, of the major Federal laws that
may affect the Project include: the National Environmental Policy Act of 1969, as amended, 42
U.S.C. §4321 et seq.; the Clean Air Act, as amended, 42 U.S.C. §7401 et seq. and scattered
sections of 29 U.S.C.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et
seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6901 et seq.; and the
Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C.
§9601 et seq. The Recipient also recognizes that U.S. EPA, FHWA and other Federal agencies have
issued, and in the future are expected to issue, regulations, guidelines, standards, orders, directives,
or other requirements that may affect the Project. Thus, the Recipient agrees to comply, and assures
the compliance of each Recipient and each contractor, with any such Federal requirements as the
Federal Government may now or in the future promulgate. Listed below are requirements of
particular concern to FT A and the Recipient. The Recipient agrees that those laws and regulations do
not constitute the Recipient's entire obligation to meet all Federal environmental and resource
conservation requirements.
A. Use of Public Lands. The Recipient agrees that no publicly owned land from a park, recreation
area, or wildlife or waterfowl refuge of national, State, or local significance as determined by
the Federal, State, or local officials having jurisdiction thereof, or any land from a historic site
of national, State, or local significance may be used for the Project unless FTA makes the
specific findings required by 49 U.S.C. §303.
B. Coastal Zone Management. The Recipient agrees to assure Project consistency with the
approved State management program developed under the Coastal Zone Management Act of
1972, as amended, 16 U.S.C. §1451 et seq.
C. Environmental Justice. The Recipient agrees to comply with the policies of Executive Order
No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations," 42 U.S.C. §4321 note.
Section 19. Energy Conservation
The Recipient agrees to comply with the mandatory energy efficiency standards and policies within
the applicable State energy conservation plans issued in compliance with the Energy Policy and
Conservation Act, 42 U.S.C. §6321 at seq.
Section 20. State Management and Monitoring Systems
The Recipient agrees to comply with applicable requirements of joint FHWA/FTA regulations,
"Management and Monitoring Systems," 23 C.F.R. Parts 500 and 49 C.F.R. Part 614, to the extent
applicable.
.
Page 20 of 24
Attachment B
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
Section 21. Privacy Act
Contracts Involving Federal Privacy Act Requirements. The following requirements apply to the
Recipient and its employees that administer any system of records on behalf of the Federal
Government under any contract:
(1) The Recipient agrees to comply with, and assures the compliance of its employees with, the
information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. §
552a. Among other things, the Recipient agrees to obtain the express consent of the Federal
Government before the Recipient or its employees operate a system of records on behalf of the
Federal Government. The Recipient understands that the requirements of the Privacy Act, including
the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that
failure to comply with the terms of the Privacy Act may result in termination of the underlying contract.
(2) The Recipient also agrees to include these requirements in each subcontract to administer any
system of records on behalf of the Federal Government financed in whole or in part with Federal
assistance provided by FT A.
Section 22. Not Applicable
.
Section 23. Metric System
As required by U.S. DOT or FTA, the Recipient agrees to use the metric system of measurement in
its Project activities, pursuant to the Metric Conversion Act, as amended by the Omnibus Trade and
Competitiveness Act, 15 U.S.C. §205a et seq.; Executive Order No. 12770, "Metric Usage in Federal
Government Programs," 15 U.S.C. §205a note; and other U.S. DOT or FTA regulations, guidelines,
and policies. To the extent practicable and feasible, the Recipient agrees to accept products and
services with dimensions expressed in the metric system of measurement.
Section 24. Substance Abuse
A. Drug Abuse. The Recipient agrees:
1. The Recipient agrees to comply with U.S. DOT regulations, "Drug-Free Workplace
Requirements (Grants)," 49 C.F.R. Part 29, Subpart F, as modified by 41 U.S.C. §702
et seq.
2. To the extent applicable, the Recipient agrees to comply with FTA regulations,
"Prevention of Prohibited Drug Use in Transit Operations," 49 C.F.R. Part 655, including
subsequent FTA regulations when promulgated, and any guidance on the drug abuse
provisions of 49 U.S.C. §5331 that FTA or U.S. DOT may issue.
B. Alcohol Abuse. To the extent applicable, the Recipient agrees to comply with FTA regulations,
"Prevention of Alcohol Misuse in Transit Operations," 49 C.F.R. Part 655, including
subsequent FTA regulations when promulgated, and any guidance on the alcohol abuse
provisions of 49 U.S.C. §5331 that FTA or U.S. DOT may issue.
Section 25. State Safety Oversight of Rail Fixed Guideway Public Systems
To the extent applicable, the Recipient agrees to comply with 49 U.S.C. §5330, and FTA regulations,
"Rail Fixed Guideway Systems; State Safety Oversight," 49 C.F.R. Part 65'9, and any guidance that
FTA or U.S. DOT may issue to implement 49 U.S.C. §5330.
Page 21 of 24
Attachment B
.
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
Section 26. Seat Belt Use
Pursuant to Executive Order No. 13043, April 16, 1997, 23 U .S.C. §402, the Recipient is encouraged
to adopt on-the-job seat belt use policies and programs for its employees when operating company-
owned, rented, or personally-operated vehicles and include this provision in third party contracts,
entered into under this Project.
.
Section 27. Special Requirements for Urbanized Area Formula Projects
The following requirements apply to all Projects financed with Federal assistance authorized for 49
U.S.C. §5307:
A. Fares and Services. Before raising fares or instituting a major reduction of service, the
Recipient agrees to use its established administrative process to solicit and consider public
comment.
B. Audit Requirements. The Recipient agrees that the State or Federal Government may conduct
or require the Recipient to engage an independent entity to conduct annual or more frequent
reviews and audits required by 49 U.S.C. §5307(i) and applicable regulations or guidelines
that the Federal Government may issue.
C. Half-Fare Requirements. The Recipient agrees that the fares or rates charged the elderly and
persons with disabilities during non peak hours for transportation using or involving Project
facilities and equipment will not exceed one-half of the rates that generally apply to other
persons at peak hours, whether the operation of such facilities and equipment is by the
Recipient or another entity under lease or otherwise. The Recipient agrees to give the rate
required herein to any person presenting a Medicare card duly issued to that individual
pursuant to Title II or Title XVIII of the Social Security Act, 42 U.S.C. §401 et seq., and 42
U.S.C. §1395 et. seq.
D. Procurement of an Associated Capital Maintenance Product. In accordance with the terms of
49 U.S.C. §5326(d), the Recipient may, without prior Federal approval, procure an eligible
associated capital maintenance product by contract directly with the original supplier or
manufacturer of the item to be replaced, provided that the Recipient: (1) first certifies in writing
that such manufacturer or supplier is the only source of that item and the price of that item is
no higher than the price paid for that item by like customers, and (2) complies with applicable
Buy America statutory and regulatory requirements.
E. Transit Security. Each fiscal year, the Recipient agrees to spend at least one (1) percent of its
funds authorized by 49 U.S.C. §5307 for transit security Projects, unless the Recipient has
certified to FT A that such expenditures are not necessary.
F. Restrictions on the Use of Formula Assistance for Operations. A Recipient permitted to use
Federal assistance authorized for 49 U.S.C. §5307 to support operations agrees as follows:
1. To comply with the restrictions of 49 U.S.C. §5307(b)(1) and 5307(f) in using urbanized
area formula funds for operating assistance, unless permitted otherwise by FTA.
2. Financial assistance authorized by 49 U.S.C. §5307 may be applied to the Net Project
Cost of the Recipient's operating expenses incurred during the Project time period set
forth in the Project Budget and, with FTA approval, may be extended to a later date to
the extent permitted by law, provided that the applicable operating assistance limitation
is not exceeded.
G. Reporting Requirements. For each fiscal year, the Recipient agrees to conform, and assures
that any transit operator to which the Recipient provides funds authorized by 49 U.S.C. §5307
will conform, to the reporting system and the uniform system of accounts and records required
Page 22 of 24
Attachment B
.
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
by 49 U.S.C. §5335(a) for FTA's national transit database and FTA regulations, "Uniform
System of Accounts and Records and Reporting System," 49 C.F.R. Part 630, which includes
various reports required for FT A's national transit database.
H. Criminal Sanctions. The criminal sanctions of 49 U.S.C. §1001 apply to any submission or
certificate provided for the Urbanized Area Formula Program authorized by 49 U.S.C. §5307.
Section 28. Not Applicable
.
Section 29. Special Requirements for Job Access and Reverse Commute Grant Projects
The Recipient agrees to comply with following requirements in administering Projects financed with
Federal assistance authorized for section 3037 of TEA-21 , 49 U.S.C. §5309 note:
A. General Requirements. The Recipient agrees to comply with any applicable Federal
requirements or guidance that may be issued to implement the Job Access and Reverse
Commute Grant Program, authorized by section 3037 of TEA 21,49 U.S.C. §5309 note.
B. Restrictions on the Use of Grant Funds. The Recipient agrees that it will not use any grant
funds awarded for Section 3037 Projects to support the costs of planning or coordination
activities, in compliance with section 3037(e) of TEA-21, 49 U.S.C. §5309 note.
Section 30. Special Requirements for Over-the-Road Bus Accessibility Projects
The Recipient agrees to comply with following requirements in administering Projects financed with
Federal assistance authorized for section 3038 of TEA-21, 49 U.S.C. §5310 note:
A. General Requirements. The Recipient agrees to comply with any applicable Federal
requirements or guidance that may be issued to implement the Over-the-Road Bus
Accessibility Program authorized by section 3038 of TEA-21, 49 U.S.C. §5310.
B. Special Requirements. The Recipient agrees to comply with U.S. DOT regulations,
"Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37, Subpart H,
"Over-the-Road Buses," and joint U.S. Architectural and Transportation Barriers Compliance
Board/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications
for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38.
C. FT A Notice. The provisions of FT A Notice, "Over-the-Road Bus Accessibility Program Grants,"
65 Fed. Reg. 2772-2786 (January 18, 2000), and any subsequent revision thereto, supersede
conflicting provisions of this Agreement.
Section 31. Disputes, Breaches, Defaults, or Other Litigation
The Recipient agrees that the State and FTA has a vested interest in the settlement of any dispute,
breach, default, or litigation involving the Project. Accordingly:
A. Notification. The Recipient agrees to notify the State of any current or prospective major
dispute, breach, default, or litigation that may affect the State or Federal Government's
interests in the Project or the administration or enforcement of laws or regulations. If the
Recipient seeks to name the State or the Federal Government as a party to litigation for any
reason, in any forum, the Recipient agrees to inform the State before doing so.
B. Federal Interest in Recovery. The Federal Government retains the right to a proportionate
share, based on the percentage of the Federal share awarded for the Project, of proceeds
derived from any third party recovery, except that the Recipient may return any liquidated
damages recovered to its Project Account in lieu of returning the Federal share to the Federal
Government.
Page 23 of 24
Attachment B
.
.
.
Federal - Government or Non-Profit Entity
Contract No 51602F7230
C. Enforcement. The Recipient agrees to pursue all legal rights within any third party contract.
D. State and FTA Concurrence. The State and FTA reserve the right to concur in any
compromise or settlement of any claim involving the Project and the Recipient.
E. Termination for Convenience.
1. General Provision. The Recipient may terminate this contract, in whole or in part, at
any time by written notice to the Recipient when it is in the Government's best interest.
The Recipient shall be paid its costs, including contract close-out costs, and profit on
work performed up to the time of termination. The Recipient shall promptly submit its
termination claim to Recipient to be paid the Recipient. If the Recipient has any
property in its possession belonging to the Recipient, the Recipient will account for the
same, and dispose of it in the manner the Recipient directs.
2. Professional or Transit Service Contracts. The Recipient, by written notice, may
terminate this contract, in whole or in part, when it is in the Government's interest. If this
contract is terminated, the Recipient shall be liable only for payment under the payment
provisions of this contract for services rendered before the effective date of termination.
.
Page 24 of 24
Attachment B
.
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office
Presented by: Richard Torres
Council Meeting Date: 8-28-2006
Agenda No. F.2
Subject: GN 2006-077 Consideration of Designating an Official Name for Little Bear
Creek Neighborhood Park - Resolution No. 2006-070
The Naming Board convened on August 14, 2006 to consider issues related to making
recommendations for the naming of various parks. One item on this agenda was to
consider potential names for Little Bear Creek Neighborhood Park (in the northern part
of the city adjacent to Continential Trail). This park site is currently under construction
and is expected to be completed by the end of the year. The City's Naming Board was
recently charged with recommending a new official name for the park to the City
Council.
By a unanimous vote of the Naming Board, the recommendation is for the Little Bear
Creek Neighborhood Park to be officially named "Dr. Pillow Park" in recognition of the
early contributions made by Dr. David Pillow to the City of North Richland Hills.
Dr. Pillow served the medical needs of North Richland Hills and the region since 1955
when he opened the doors to the Pillow-Rush Medical and Surgical Clinic which was
located next door to the North Richland Hills Shopping Center. The growth of his
practice necessitated building a new facility on Glenview Drive which was renamed
Northeast Medical and Surgical Clinic and was the early beginnings of North Hills
Hospital. In 1965, with the continued success of his practice, a new addition was added
to the hospital which doubled its original size. Nearly 30 years after he opened his first
Medical Clinic, Dr Pillow was the chairman of the Board of Trustees when the North
Hills Hospital had its dedication ceremony in December 1983.
Naming Board Chairperson Suzy Compton will be prepared to discuss with Council the
reasoning for suggesting this name and provide background of Dr. Pillow.
Recommendation:
To approve Resolution No. 2006-070 officially naming Little Bear Creek Neighborhood
Park "Dr. Pillow Park" in recognition of Dr. David Pillow.
.NRH
RESOLUTION NO. 2006-070
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICH LAND HILLS OFFICIALLY NAMING LITTLE BEAR CREEK
NEIGHBORHOOD PARK TO "DR. PILLOW PARK".
WHEREAS, the Naming Board of the City of North Richland Hills convened on August
14, 2006 to consider various recommendations for park names;
WHEREAS, Little Bear Creek Neighborhood Park is currently under construction and is
anticipated to be completed by year end;
WHEREAS, it is the desire of the City Council to officially name Little Bear Creek
Neighborhood Park after a significant contributor to the community; and
WHEREAS, the Naming Board recommends that the official name of Little Bear Creek
Neighborhood Park be "Dr. Pillow Park" after Dr. David Pillow who was
one of the original founders of North Hills Hospital.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND
HILLS, TEXAS:
.
SECTION 1. THAT Little Bear Creek Neighborhood Park be officially named "Dr. Pillow
Park" in recognition of Dr. David Pillow and his early contributions to the
City of North Richland Hills.
PASSED AND APPROVED this 28th day of August, 2006.
ATTEST:
CITY OF NORTH RICHLAND HILLS:
Patricia Hutson, City Secretary
Oscar Trevino, Mayor
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Richard Torres, Assistant City Manager
.
.
.
.
Department: City Manager's Office
Presented by: Richard Torres
Council Meeting Date: 08-28-2006
Agenda No. F.3
REVISED
Subject: GN 2006-078 Consideration of a New Name for the South Electric Trail -
Resolution No. 2006-071
The Naming Board convened on August 24, 2006 at 5:30 p.m. to consider a
recommendation for a new name for the South Electric Trail. As you know, this soon to
be completed hike/bike trail is located in the southern portion of the City. This trail will
be 1.9 miles long and has simply been labeled "South Electric Trail" because it follows a
TXU easement. It is believed by the Naming Board and staff that it would be more
appropriate to give this significant trail a name to recognize the efforts of some
community leader as has been done with many of the new neighborhood parks.
The Naming Board voted unanimously to recommend that the new name for the South
Electric Trail be "Jo Ann Johnson Trail" after former City Councilwoman Jo Ann
Johnson.
Jo Ann Johnson served on the North Richland Hills City Council from 1991 to 2006, and
has the distinguished honor of being both the longest serving City Council member and
the first woman Mayor Pro Tem in the City's history when she was selected by the City
Council for this role in 1995.
Ms. Johnson has served the community on countless boards and commissions
including: the Board of Directors for Adventure World, the Northeast Tarrant Chamber of
Commerce, the Advisory Committee for Cornerstone Assistance Network, two Tax
Increment District (TIF) Boards, the Tarrant County Transportation Commission, the
NRH Park and Recreation Facilities Development Corporation, and the Texas Municipal
League Legislative Committee on Personnel.
Ms. Johnson and her husband James are members of NorthPointe Baptist Church,
where she currently serves as the Church and Business Administrator. She has also
worked with the Greater Fort Worth Christmas Pageant for more than 25 years and
served as Production Manager for 20 years.
Richard Torres will present an overview of the naming process and Councilwoman Suzy
Compton, Chair of the Naming Board, will present the Board's recommendation to
Council.
Recommendation:
To approve Resolution No. 2006-071. Officially changing the name of the South
Electric Trail to "Jo Ann Johnson Trail".
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office
Presented by: Richard Torres
Council Meeting Date: 8-28-2006
Agenda No. F.
Subject: GN 2006-078 Consideration of a New Name for the South Electric Trail -
Resolution No. 2006-071
The Naming Board will convene on August 24, 2006 at 5:30 p.m. to pote lally consider
a new name for the South Electric Trail. It is anticipated that at this eting the Board
will vote to make a recommendation to the City Council for a new me of this soon to
be completed hike/bike trail located in the southern portion of e City. Council will
recall that this Trail is quite long and has simply been label é:I "South Electric Trail"
because it follows a TXU easement. It is believed by the N ing Board and staff that it
would be more appropriate to give this significant Trail a ore appropriate name. In
light of this, and because the time of the designated eting will be after this agenda
materials and information will go out to the City C ncil, staff is not able to provide
more detailed information at this time.
A full report will be given to the City Council the meeting. However, we will try to
provide the Board's recommendation to Coun I prior to the Monday, August 28 Council
meeting so that Council will know of this an understand the Board's reasoning and any
other background information they may wi to present.
Richard Torres will present an overvie of the naming process and Councilwoman Suzy
Compton, Chair of the Naming B rd, will present the Board's recommendation to
Council.
Recommendation:
To approve Resolution N . 2006-071. Officially renaming the South Electric Trail based
on a recommendation b the Naming Board.
.NRH
RESOLUTION NO. 2006-071
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS OFFICIALLY CHANGING THE NAME OF THE SOUTH
ELECTRIC TRAIL TO "JO ANN JOHNSON TRAIL"
WHEREAS, the Naming Board of the City of North Richland Hills convened on August
24, 2006 to consider names for the South Electric Trail;
WHEREAS, it is the desire of the Naming Board to recommend officially renaming the
South Electric Trail after a legacy and significant contributor to the
community; and
WHEREAS, the Naming Board recommends that the official name of South Electric
Trail be "Jo Ann Johnson Trail" after the former City Council Member.
BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND
HillS, TEXAS:
.
SECTION 1. THAT the South Electric Trail be officially renamed "Jo Ann Johnson Trail"
in recognition of Ms. Jo Ann Johnson and her contributions to the City of
North Richland Hills.
PASSED AND APPROVED this the 28th day of August, 2006.
ATTEST:
CITY OF NORTH RICH LAND HILLS:
Patricia Hutson, City Secretary
Oscar Trevino, Mayor
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Richard Torres, Assistant City Manager
.
.
.
.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Council Meeting Date: 8-28-2006
Agenda No.F.4
Subject: Information and Reports - Councilman Turnage
Announcements
City Hall and other City Offices will be closed on Monday, September 4th, in observance
of the Labor Day holiday. Garbage will be collected by Allied Waste Services.
Join us at Dick Faram Park on Saturday, September 9th at 7 p.m. for a free night of
family fun. Bring your blankets and lawn chairs and watch "E.T. The Extra Terrestrial"
on the lawn. Parking is very limited so you encouraged to walk or ride your bike to the
park. For more details, please call 817-427-6600.
The Neighborhood Services Department is hosting workshops from 9 a.m. to noon on
Saturday, September 9th, and Saturday, September 23rd, in the City Council Chambers
at City Hall. The workshops will focus on the new Neighborhood LOOKS and Litter NOT
programs. The Neighborhood Initiative Program will also be discussed. The public is
invited to attend and learn more about these important community programs. For more
details, please call 817-427-6663.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do:
Debbie York, Neighborhood Services Department
A letter was received from an elderly North Richland Hills resident thanking Debbie and
the volunteers of the Neighborhood Initiative Program who trimmed overgrown trees,
cleared brush and removed an old fence from her property. The resident said she is
overwhelmed with gratitude for everyone who helps make the Neighborhood Initiative
Program possible.
.
.
-
Department: City Secretary
Presented by:
Subject: Adjournment
CITY OF
NORTH RICHLAND HILLS
Council Meeting Date: 8-28-2006
Agenda No.F.5