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HomeMy WebLinkAboutCC 2008-02-11 AgendasCITY 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, February 11, 2008 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008-013 Discuss 2008 Federal Legislative Positions (10 Minutes) A.3 IR 2008-020 Red Light Camera Program Update (15 Minutes) A.4 IR 2008-021 Emergency Management -- Weather Update (10 Minutes) A.5 IR 2008-022 Standard of Care for Treatment of a Heart Attack (10 Minutes) A.6 IR 2008-024 2007 Economic Development Review (15 Minutes) B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Pursuant to the provisions of Section 551.071, Texas Government Code the City Council will meet in closed session to seek the advice of its attorney about pending or threatened litigation: Robert Coffman C.0 Adjournment C;Prtifi~atinn 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 February 8, 2008 at Z.: .~1 . . ss' tant City Secretary 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. February 11, 2008 -Council Agenda Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, February 11, 2008 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: ^ Library on the Friday prior to the meeting (available electronically) ^ 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.0 Call to Order -Mayor Trevino A.1 Invocation -Councilman Turnage A.2 Pledge -Councilman Turnage A.3 Special Presentation(s) and Recognitions) -Annual Bunny & Bear Drive presented by Haley Whatley A.4 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. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.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 requests, in which event the item will be removed from the Consent Agenda and considered. February 11, 2008 -Council Agenda Page 2 of 4 B.1 Approval of Minutes of January 28, 2008 City Council Meeting B.2 RP 2007-13 Consideration of a Request from Marcus Blagg and T.J. Stankiewicz to Approve a Replat of Lot 1, Block 1, into Lot 1 R-1 & 1 R-2, Block 1, Culp Addition (Located at 6700A Davis Blvd - 4.548 acres). C.0 PUBLIC HEARINGS C.1 ZC 2007-13 Case has been WITHDRAWN by applicant. Request from Keith Hamilton to withdraw Zoning Change request from "RI-PD" Residential Infill Planned Development and "NS" Neighborhood Services to "NR-PD" Non Residential Planned Development (Located in the 8900 Block of Mid Cities Blvd - 5.855 acres) -Ordinance No. 2973 C.2 ZC 2007-14 Case has been WITHDRAWN by applicant. Request from Keith Hamilton to withdraw Zoning Change request from "RI-PD" Residential Infill Planned Development to "R-2" Single Family Residential (Located on the 8700 Block of Martin Drive - 4.108 acres). -Ordinance No. 2974 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2008-004 Approve Texas Department of Transportation (TxDOT) Updated Agreement for the Maintenance of Traffic Signal Lights on State Highway Right-of-Ways - Resolution No. 2008-009 E.2 PW 2008-005 Approve Subordination Agreement for the 1998 City/Developer Agreement with Billy and Ernestine Graham -Resolution No. 2008-010 F.0 GENERAL ITEMS F.1 GN 2008-011 Calling May 10, 2008 City Council Election and Authorizing a Joint Election Agreement with Other Tarrant County Political Subdivisions and Contract for Election Services with Tarrant County -Resolution No. 2008-088 F.2 PU 2008-006 Authorize the Purchase and Installation of Replacement Mobile Data Computers for Fire Apparatus From Portable Computer Systems, Inc. in the Amount of $142,608. F.3 GN 2008-012 Approve 2008 Federal Legislative Positions F.4 GN 2008-013 Approve Atmos Energy, Corp., Mid-Tex Division Settlement Agreement and New Tariffs -Ordinance No. 2980 February 11, 2008 -Council Agenda Page 3 of 4 F.5 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda G.0 INFORMATION AND REPORTS G.1 Announcements -Mayor Pro Tem Compton G.2 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 February 8, 2008 at 2~'S~ p.~cv~.. c sis nt City Secretary 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. February 11, 2008 -Council Agenda Page 4 of 4 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, February 11, 2008 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008-013 Discuss 2008 Federal Legislative Positions (~10 Minutes, A.3 IR 2008-020 Red Light Camera Program Update (15 Minute A.4 IR 2008-021 Emergency Management -- Weather Update (10 Minutes A.5 IR 2008-022 Standard of Care for Treatment of a Heart Attack (10 Minute A.6 IR 2008-024 2007 Economic Development Review (15 Minutes B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by_Chapter 551, Texas Government Code B.1 Pursuant to the provisions of Section 551.071, Texas Government Code the City Council will meet in closed session to seek the advice of its attorne a pending or threatened litigation: Robert Coffman C.0 Adjournment CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 2-11-2008 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-013 Date: January 28, 2008 Subject: IR 2008-013 Discuss 2008 Federal Legislative Positions The purpose of this report is to provide Council with the proposed 2008 Federal Legislative Positions for the City of North Richland Hills. A draft of the positions is attached for your review. As in the past, we have used four guiding principles to determine positions on city related issues we expect will come forward during this session of Congress. These guiding principles are: • Local control • Predictable and sufficient level of revenue to provide for our citizens • Opposition to unfunded mandates • Quality of life We expect the highest priorities to be: • Internet Sales Tax • Transportation Funding • Telecommunications & Information Technology • Community Development Block Grant • Homeland Security • Public Safety & Collective Bargaining • Immigration Reform We look forward to discussing this with you at Monday's worksession. Respectfully Submitted, Karen Bostic Managing Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ N~~H City of North Richland Hills 2008 Federal Legislative Positions FEDERAL LEGISLATIVE INTRODUCTION The United States Congress frequently creates new laws that greatly affect municipalities. Due to this relationship, the City of North Richland Hills must develop and adopt positions on the most critical federal issues that directly impact the City and its citizens, especially issues involving 1.) local control, 2.) quality of life, and 3.) municipal revenues (including unfunded mandates). Therefore, the City of North Richland Hills uses three primary principles in developing positions on legislative issues: 1. The City vigorously opposes any legislation that erodes the authority to govern our own local affairs. 2. The City opposes any legislation that dramatically impacts our ability to pay for public services and opposes the imposition of any federal mandates which do not provide for a commensurate level of compensation. 3. The City supports legislation that increases the quality of life for our citizens including legislation that encourages equitable services that increase pride and growth in our community. If an issue arises in Congress that is not included in this document, we urge our Congressional delegation to keep the City's guiding principles in mind as they make important decisions which will impact our joint-constituents. TABLE OF CONTENTS General Legislative Policy ......................................................................................4 Internet Sales Tax ...................................................................................................5 Transportation .........................................................................................................6 Telecommunications & Information Technology ......................................................7 Community Development Block Grant ....................................................................8 Homeland Security ..................................................................................................9 Public Safety & Collective Bargaining .....................................................................10 Immigration Reform .................................................................................................11 Contacts ..................................................................................................................12 GENERAL LEGISLATIVE POLICY STATEMENT OF PRESERVATION As a general policy, the City of North Richland Hills seeks to preserve its current authority to govern the city, its citizens, and its property. As such, the City opposes legislation that: • diminishes the fundamental authority of the City; • mandates increased costs without adequate compensation; • forces a loss of revenues or a decrease in public services; • erodes requirements for reasonable compensation for use of public lands; or • erodes municipal control over local water systems. STATEMENT OF SUPPORT Likewise, the City supports legislation that: • advances municipal authority to conduct the public's business; • improves the health, safety, and welfare of our citizens; • responsibly and fairly increases revenues to pay for essential services; • reduces the cost of providing services; • responsibly promotes economic development; or • improves the economy and creates jobs. INTERNET SALES TAX BACKGROUND Local governments rely heavily on sales tax revenues to pay for public services. In the City of North Richland Hills sales tax revenues account for almost one-fourth of the City's general fund budget. Sales tax revenues also support the City's Crime Control and Prevention District, and the development of parks and recreation facilities. Unfortunately, two recent trends have gradually eroded the local sales tax base -- migration of commerce activities over to the Internet and difficulty collecting sales tax for remote sales transactions (such as catalogue and Internet purchases). These trends will only continue as the popularity of Internet shopping increases and the Internet sales tax moratorium continues. A reaction to this growing concern was the creation of the Streamlined Sales Tax Project (SSTP). When the project was originally conceived, it was seen as a way for states and cities to capture sales taxes on remote sales. Texas cities were initially supportive of the Streamlined Project because it was designed to affect only interstate remote sales. But, the SSTP which was adopted required states to adopt point-of- destination sourcing for intrastate sales as well as interstate/remote sales. As a result, the State of Texas and Texas cities have not joined the Streamlined Sales Tax Agreement. It was only the beginning of this year that the SSTP was modified to allow states to continue point-of-origin sourcing for intrastate sales. The State of Texas is now interested in becoming a full member into SSTP, but it must wait until the Texas Legislature enacts some changes to the current sourcing methods for local sales and use tax at its next session in 2009. The modifications to the SSTP are good because changing the sourcing law in Texas would be harmful to Texas cities for three reasons. First, it would result in the shifting of revenue from origin cities to destination cities resulting in a sudden loss of sales tax revenue for many local governments (a change to destination sourcing would cost over $150 million annually in sales tax revenue). Second, it is possible many Texas cities will see an overall net loss in sales tax revenues because there would no longer be a city sales taxes collected on goods shipped from incorporated areas to unincorporated areas. Third, the administrative costs of changing to a new system would be extremely high (i.e. -tracking which jurisdiction the sales tax should go to would be costly, inefficient and timely). POSITION • The City of North Richland Hill strongly supports preserving point-of-origin sourcing for intrastate sales and point-of-destination sourcing for interstate sales. • The City opposes any changes to sales tax sourcing laws. • The City supports the application of sales taxes on applicable products and services purchased over the Internet. TRANSPORTATION BACKGROUND Transportation funding has reached crisis levels. The majority of the nations' roads are aging and in dire need of maintenance. Maintaining these roadways costs more and more because of material cost increases, which does nothing but reduce the amount of funding available for new roadways. Meanwhile, the demand for new infrastructure to decrease traffic congestion and meet air quality mandates continues to rise while the funding for these needs continues to decline. Congress created the National Surface Transportation Policy and Revenue Study Commission through SAFETEA-LU in 2005 to review the nation's transportation system and provide recommendations for the next reauthorization. The Commission's final report proposed to raise the gas tax substantially over the next few years and recommended a future switch to new methods of raising revenue to fund maintenance of current roads and construct new infrastructure. The Commission also recommended major new investment in intercity rail, more accountability in how transportation dollars are spent, a focus on metropolitan transportation and greater emphasis on environmentally-friendly transportation options. In the Northeast Tarrant County region, traffic congestion continues to become worse year after year. Expansion of highways in our area has been delayed for a decade or more due to a lack of funding. The North Texas region is in anon-attainment area whereby we must meet strict guidelines to reduce air pollution, yet we have thousands of cars sitting on the roadways in gridlock, polluting our air. Meanwhile, the Texas Department of Transportation (TxDOT) expects its funding for new construction to shrink by 6 to 19 percent in 2009. The revenue from the motor fuel taxes does not meet its existing maintenance needs and the federal government is reducing its transportation apportionments. It is critical to our City and our region that funding be made available for road projects. It is also critical that funding be made available for alternative means of transportation such as commuter rail. POSITION • The City of North Richland Hills supports federal legislation that provides full funding for federal transportation programs. • The City supports collaboration with local elected officials on the reauthorization of the surface transportation infrastructure program. TELECOMMUNICATIONS & INFORfVIATION TECHNOLOGY BACKGROUND The existence of affordable and modern communications infrastructure is extremely important because it has increased productivity, spurred economic development, and improved the quality of life. However, by law, municipalities must be fairly compensated by the telecommunication and cable industries for the use of public rights-of-way. The underlying principal is that use of publicly-owned rights-of-way is a privilege, not an entitlement. Local governments are, in fact, legally obligated to control and charge for the use of rights-of-way. The Texas Constitution requires cities to receive fair market rental payments from private industries that use public land for their private gains. Local governments must also maintain the rights-of-way to ensure the health and safety of their citizens. This enables cities to minimize service disruptions to the public, protect public investment in the rights-of-way, and assures correct placement of service lines. It is important to note that during the 79th Texas Legislative Session, the Texas Legislature passed Senate Bill 5 which created astate-wide cable franchise process and eliminated local cable franchises in Texas. While Senate Bill 5 diminished local control, it included a 5% franchise fee for the use of local rights-of-way, maintained local police powers over rights-of-way, and authorized Public Educational and Governmental (PEG) channels (and continues financial support for PEG channels). Recently in Congress and at the Federal Communications Commission, attempts have been made by the telecommunications and cable industries to erode local control over the public rights-of-way. Specifically, several orders have been introduced that would negatively impact the ability of cities to physically manage their public lands and to receive adequate rental payments on behalf of their citizens. The recently adopted FCC Order regarding cable franchising also has the potential to negatively impact the hard fought compromise that the telecommunications industry and cities achieved in Texas. If the Second Order of the FCC remains in place and PEG channels will be charged out of the required franchise fees, cities will lose an important communication tool with their citizens. PnSITI~N • The City of North Richland Hills urges Congress to exempt Texas from any cable/video franchise legislation or FCC Order. The City supports any Congressional proposal or FCC Order that recognizes Texas has adopted a uniform statewide franchising system and does not preempt the Texas law. • The City opposes any legislation that will restrict the ability to manage our rights- of-way or that allows rigf•~ts-of-way users access without appropriate compensation to the City. • The City opposes any legislation that would not require the provision of PEG channels at the same quality broadcast as other channels and would not require the service to be offered to all residents. COMMUNITY DEVELOPMENT BLOCK GRANT BACKGROUND Providing quality neighborhoods and housing for all Americans by continuing successful programs such as the Community Development Block Grant (CDBG) is important to the City of North Richland Hills. CDBG successfully mobilizes resources, addresses housing, community development, economic development, and physical infrastructure needs. CDBG has become instrumental in helping older communities within major metropolitan regions address critical issues such as aging infrastructure, housing rehabilitation, and services to senior citizens. After 33 years, this program remains successful and continues to demonstrate a strong federal-local partnership that must be sustained. Over the last three years, North Richland Hills has witnessed a decrease in CDBG funds. The City saw a 5% reduction for Fiscal Year 2005, approximately 10% less in FY 2006 and a .21 % reduction in FY 2007. CDBG funds are vital to the continued success of our neighborhood revitalization initiatives. In 2006, proposals were made to eliminate the CDBG program and combine it into the "Strengthening America's Communities" Grant. While CDBG managed to survive, funding for the program was cut significantly. CDBG funds have allowed the City of North Richland Hills to improve street conditions in qualifying neighborhoods, institute a housing rehabilitation program, expand and improve senior center facilities, and enhance the Northeast Transportation Service (NETS), an on demand transportation service for senior and disabled residents. POSITION The City of North Richland Hills supports the continuation of this program at current and/or increased levels, as this program has been and will continue to be important in funding revitalization efforts within our community. The City opposes any budget proposals that seek to combine, eliminate or reduce community development programs that have continually proven to be effective in redeveloping deteriorating areas of cities across the country. HOMELAND SECURITY BACKGROUND Since September 11, 2001, North Richland Hills and many other local governments have taken on an even larger roll in providing for homeland security. Local governments are the first level of government to respond to most disasters and emergencies and must be regarded as the focal point of all disaster mitigation and recovery activities. In the devastating wake of Hurricanes Katrina and Rita, the nation witnessed how local governments are the first level of government to respond and are the focal point of natural disasters. Millions of evacuees from New Orleans Parish and the Gulf Coast were left homeless and stranded far from their communities. Local governments across this nation took them in and provided food and shelter. Although funds have been appropriated as grants to first responders, the United States Congress has provided a relatively small level of funding for programs needed for local homeland security priorities. The federal government should provide increased funding directly to local governments for homeland security, emergency and disaster preparedness as well as emergency response to allow first responders the opportunity to efficiently and effectively secure grant dollars. The federal government should also provide more guidance as to the specific roles and responsibilities of federal, state and local governments in responding to natural disasters and threats. POSITION • The City of North Richland Hills urges Congress and the Federal Government to provide more guidance as to specific roles and responsibilities between levels of government when responding to natural disasters and threats. • The City of North Richland Hills supports an increase in direct federal funding to local governments for preparedness and response training, threat assessment, communication systems, public health systems and critical infrastructure protection. PUBLIC SAFETY & COLLECTIVE BARGAINING BACKGROUND During the 109th Congress federal legislation was proposed that would force states and local governments to recognize unions of police, fire, and other public safety personnel as bargaining agents in all 50 states. During the 79th Texas Legislative session similar legislation known as Meet and Confer (House Bill 204 and House Bill 2892) were passed into law. Meet and Confer allows a representative police or fire association in cities with a population of 50,000 or more, to meet and confer on any issues related to their employment. This can only be initiated through a petition of the association with final authorization by the governing body or through a certified election. During the 110th Congress passed HR 980 and referred S. 2123 to committee. Both the House Resolution and Senate Bill are similar to the legislation introduced in the 109th Congress and would require states to recognize public safety unions as bargaining agents. The City of North Richland Hills believes neither HR 980 nor S. 2123 should be signed into law because it is simply duplication of what has already become law in Texas. Furthermore, this type of legislation would negate the labor protection laws of the states, labor agreements of states and municipalities, existing civil service systems and the North Richland Hills Personnel Procedures. The City believes that the federal government should not undermine municipal authority with respect to making fundamental employment decisions. The City also believes this is an issue best resolved at the state level, not by our federal government. POSITION North Richland Hills opposes federal legislation which singles out a class of municipal employees to be provided special bargaining rights, and pre-empts investigative and disciplinary procedures that are already in place under civil service systems and the "Meet and Confer" laws of Texas. IMMIGRATION REFORM BACKGROUND The increasing presence of the undocumented population presents a serious challenge to municipal governments because of its escalating impact on local budgets, service delivery, and community life. The City of North Richland Hills recognizes that this is a top legislative priority for Congress in 2008. The City of North Richland Hills believes immigration reform should be addressed in a comprehensive and thoughtful manner. In late 2005 House Resolution (H.R.) 4437 passed the House of Representatives which addressed the issue in a piecemeal fashion. The House bill includes several provisions that violate the principals of federalism and places burdensome unfunded federal mandates on local governments. Local law enforcement agents should not be mandated to enforce civil immigration laws because this would violate the principals of federalism and divert local personnel from their primary duty to protect the general public. The City of North Richland Hills strongly concurs and also supports, along with the NLC, streamlined and acceptable guest worker programs that enable businesses to hire foreign workers in order to meet economic demands. In recent years municipalities have become the main service providers to immigrant families. The federal government should assist local governments to provide healthcare, education and social services to these new workers. POSITION • The City of North Richland Hills supports comprehensive immigration reform legislation that addresses border security and interior enforcement at the federal level of government. The City opposes any proposal that would mandate municipal enforcement of federal immigration laws. IMMIGRATION REFORM (Revision #1) BACKGROUND The increasing presence of the undocumented population presents a serious challenge to municipal governments because of its escalating impact on local budgets, service delivery, and community life. The City of North Richland Hills recognizes that this is a top legislative priority for Congress in 2008. The City of North Richland Hills believes immigration reform should be addressed in a comprehensive and thoughtful manner. In late 2005 House Resolution (H.R.) 4437 passed the House of Representatives which addressed the issue in a piecemeal fashion. The House bill includes several provisions that violate the principals of federalism and places burdensome unfunded federal mandates on local governments. Local law enforcement agents should not be mandated to enforce civil immigration laws because this would violate the principals of federalism and divert local personnel from their primary duty to protect the general public. The -- - -- . The City of North Richland Hills strongly concurs and supports comprehensive immigration reform to allow companies to meet labor shortages with legal access to foreign workers through an acceptable quest worker program. In addition, since control of immi~ ration practices is the responsibility of the Federal government, local governments should not have to bear the total cost of social services education and health care for individuals here illegally. POSITION • The City of North Richland Hills supports comprehensive immigration reform legislation that addresses border security and interior enforcement at the federal level of government. • The City opposes any proposal that would mandate municipal enforcement of federal immigration laws. IMMIGRATION REFORM (Revision #2) BACKGROUND The increasing presence of the undocumented population presents a serious challenge to municipal governments because of its escalating impact on local budgets, service delivery, and community life. The City of North Richland Hills recognizes that this is a top legislative priority for Congress in 2008. The City of North Richland Hill: addressed in a comprehensive an Resolution (H.R.) 4437 passed the the issue in a piecemeal fashion. TI violate the principals of federalism mandates on local governments. believes immigration reform should be ~ thoughtful manner. In late 2005 House House of Representatives which addressed ie House bill includes several provisions that and places burdensome unfunded federal Local law enforcement agents should not be mandated to enforce civil immigration laws because this would violate the principals of federalism and divert local personnel from their primary duty to protect the general public. ~e . The City of North Richland Hills strongly concurs and supports comprehensive immigration reform to allow companies to meet labor shortages with legal access to foreign workers through an acceptable quest worker program .fin aaGd~tiara, oirrce ccutt~cae a~ imrn~ p~actice~o io tie ~eopano~~a~ tR~e 3e~dexae eacace oRw.u,~d nat F~acue a to ~eavc tR~e coot a~ ~e~de~tae irnxnic~-urtic~a ~acu~a POSITION • The City of North Richland Hills supports comprehensive immigration reform legislation that addresses border security and interior enforcement at the federal level of government. • The City opposes any proposal that would mandate municipal enforcement of federal immigration laws. CONTACTS City of North Richland Hills 7301 NE Loop 820 P. O. Box 820609 North Richland Hills, Texas 76180 (817) 427-6000 Fax: (817) 427-6016 http://www.nrhtx.com Larry J. Cunningham City Manager (817) 427-6007 Email: Icunnin~ hq am(a~nrhtx.com Karen Bostic ** Managing Director (817) 427-6005 Email: kbostic(c~nrhtx.com Mayor and City Council Oscar Trevino, Mayor Suzy Compton -Mayor Pro Tem John H. Lewis -Place 1 Ken Sapp -Place 2 Dr. Tim Barth -Place 4 David Whitson -Place 5 Scott Turnage -Place 6 Tim Welch -Place 7 ** Karen Bostic is the primary legislative contact for North Richland Hills INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2008-020 Date: February 11, 2008 ~~~ ,~ Subject: Red Light Camera Program Update The City Council approved the creation of an automated traffic signal enforcement program in November 2006. A total of seven intersections with nine approaches were approved for the first phase of the program. These intersections were chosen based on a combination of the history of accidents and red light violations. The first intersection was installed in May 2007 and warnings were issued during a 30-day warning period. The first violations were issued in June 2007. The following chart lists the number of violations at each location through the end of 2007. Additionally, the chart shows the number of crashes that have occurred at each location for the seven month period the cameras have been active. While caution should be used in making a comparison between violations and crashes with only seven months of data, the numbers are trending favorably. A more detailed comparison will be made when a full year's worth of crash data for all intersections is available. Crash D ata Location Date Active Violations thru 12-31-07 2006 2007 6-1-07 to 12-31-07 S/B Rufe Snow Mid-Cities June-07 448 26 8 4 N/B Rufe Snow Dick Lewis Jul -07 1,232 28 19 11 S/B Rufe Snow Dick Lewis Jul -07 2,289 - - - N/B Davis Ma lewood October-07 138 17 8 8 S/B Davis Ma lewood October-07 192 - - - S/B Davis Lola October-07 637 21 25 14 N/B Davis Harwood October-07 51 - - - E/B Mid-Cities Davis October-07 117 - - - W/B Access Rd of 820 Rufe Snow Pendin 0 30 27 18 Total - 5,104 Of the violations issued, there have been twenty-three (23) hearings before the hearing officer. Seven did not appear for their hearing, and all twenty-three were found liable. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ One violation has been appealed to city court and is waiting a trial date. The following is a revenue and expenses summary through December 31, 2007. Revenues $182,371.86 Expenses $86,404.21 Net Income $95,967.65 Due to State of Texas $47,983.83 Net Program Activity $47,983.82 Respectfully Submitted, Jimmy Perdue Police Chief INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-021 Date: February 11, 2008 ~' ~ Subject: Emergency Management -- Weather Update As spring time approaches in North Texas, it is time for the City of North Richland Hills to begin preparing for the 2008 spring severe weather season. 2007 was a very active severe season in which nearby tornados, lightning, hail and flooding impacted the City of North Richland Hills. In preparation for 2008, the office of Emergency Management Homeland Security has taken the following prevention, preparedness, and response actions: 1. All eligible disaster recovery projects have been submitted to FEMA and are awaiting approval and funding. Once funding has been completed and received, the projects can be initiated. The eligible projects include replacement of many of the sand bunkers on the golf course, replacement of a section of sanitary sewer, replacement of a maintenance vehicle on the gold course and reimbursement for debris removal on Iron Horse golf course. 2. Code RED refresher training for city staff was held on January 15t" with 11 attendees. This was a webinar format of training. This refresher training was designed to refresh staff on the proper operation of this important system. 3. The Emergency Management /Homeland Security Division hosted a Northeast cities severe weather storm spotting class on January 22 at Richland High School. This was attended by approximately 80 members of Community Emergency Response Team (CERT), Radio Amateur Civil Emergency Service (RACES), Citizens Fire Academy (CFA) and Citizens Police Academy (CPA) members. This training allows the City of North Richland Hills to maintain the Storm Ready status which was achieved in 2005. 4. The Emergency Management /Homeland Security Division along with the department directors revised and updated the entire Emergency Operations Plan, which includes the basic plan and 22 functional annexes. The plan was submitted to the State of Texas and approved at the advanced level. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ 5. The City of North Richland Hills continues to train and met the National Incident Management System requirements. The Emergency Operations Center Command and General Staff are about to complete the 300 and 400 segments of the NIMS requirements. These are the toughest as they require 3-4 days of training in the classroom environment. 6. Completed seventh CERT class with 21 members, bringing the NRH CERT members trained to over 170. CERT members will also receive continuing training throughout this next year to maintain involvement and skills. 7. The Emergency Management /Homeland Security Division assisted the Birdville Independent School District, North Hills Hospital and other regional cities in disaster mitigation and planning. This planning includes the utilization of local churches as self sustaining shelters. The City of North Richland Hills has two standing self-sustaining shelters and one of these churches is designated as a shelter that can accept pets. 8. The Emergency Management /Homeland Security Division continues to maintain the readiness of 10 outdoor emergency warning sirens. This year, Tarrant County College added a siren at their Northeast campus which will be controlled by NRH and Hurst. 9. The Emergency Management /Homeland Security Division continues to work closely with the Fire, Police and Public Works departments in homeland security mitigation, preparedness and planning. The Emergency Management /Homeland Security Division will continue to strive to make North Richland Hills the safest community in Tarrant County and to continue to be prepared for potential natural and man-made disasters while continuing to build relationships among other cities and parties with similar interests. Respectfully submitted, Sean Hughes Emergency Management Coordinator INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-022 Date: February 11, 2008 Subject: Standard of Care for Treatment of a Heart Attack The standard of care for treatment of a myocardial infarction, or heart attack, is for the patient to obtain treatment within 90 minutes of the time the patient entered the hospital door. Nationwide hospitals have obtained the ability to meet this standard. Organizations that track information of this nature show 74% of the time patients receive treatment within 90 minutes of their arrival at the hospital. In North Richland Hills, our Fire Department is working to improve this standard in a program that has been discussed among medical professionals throughout the nation, but never implemented. Across the country an effort has been made to decrease this time to less than 60 minutes. This effort is prompted by new studies showing when a person is having a heart attack, if medical personnel can see that the patient is treated within 62 minutes of the onset of their symptoms, they have increased their patient's chances for a manageable quality of life significantly. Our Fire Department, in conjunction with North Hills Hospital, is exceeding this new goal. In an effort to continue to decrease the time taken for therapy, North Hills Hospital accepts the ability of our paramedics to interpret a Myocardial Infarction in the field, prior to or during transport to the hospital. Citing this ability to diagnosis an active heart attack, the cardiologist at North Hills Hospital proposed and implemented a protocol in which our paramedics activate their Cath lab, calling in overtime personnel if necessary, ensuring the team is ready and assembled within minutes of the patient's arrival at the hospital. This field activation of the Cath lab saves the patient precious minutes that are often spent in an emergency room while the physician confirms the diagnosis of a heart attack, obtains authorization to call in off duty personnel, and then activates the Cath Lab team. Recent studies show that North Hills Hospital has been able to reduce their door to treatment time to 48 minutes on average. This average time is expected to fall as the Fire Department's Emergency Medical Services division continues to work with the staff at North Hills Hospital to improve overall patient care. Respectfully Submitted, Andrew A. Jones, Jr., Fire Chief ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-024 J~ ` .; Date: February 11, 2008 l' L M1_, Subject: 2007 Economic Development Review 2007 provided mixed economic signals across the nation, and North Richland Hills saw some of this as well. North Richland Hills continues to grow despite the slowing of the national economy, and our diverse and stable job base will help us weather any slowdown better than most parts of the country. Like all parts of the country, NRH has been affected by the severe credit crisis and as a result home starts, residential permit values and commercial permit values all saw a marked decline when compared to 2006. On a very positive note there was an increase in new business openings and taxable sales in NRH over 2006, and our unemployment rate continues to track below state and national levels. Formerly vacant buildings continued to see new life in NRH. Burlington Coat Factory (former Sack N Save), Ross Dress for Less (former Albertson's), Lone Star Baby and Kids (former Best Buy), NYTEX Sports Centre (former Blue Line Ice), Fitz Manufacturing (former Kimberly Clark), Let's Talk.com (former Richland Plaza center) and Gateway Church (former Winn Dixie) combined to take 493,000 square feet of vacant space out of our commercial market. This activity should show developers and businesses the way to our other vacant buildings and sites in the future. Our Major Employer List, those operations with more than 100 employees, grew from 30 to 32 and total employment in this category grew to 10,674 from 10,027 in 2006. This growth should continue to fuel the non-residential tax base in the years ahead. The Economic Development Department continues to advance the objectives outlined in the Vision 2020 plan adopted by City Council. One of the most important and visible objectives, from an economic development viewpoint, is the redevelopment of the former North Hills Mall site. Ongoing communications with the site owner have not yet produced the desired results. We are attempting to assist with development and are relaying to the owner numerous prospects who have expressed an interest in the area. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ Initiatives along the Boulevard 26 corridor are beginning to show results. A representative from the Economic Development Department attends each monthly meeting held by the Corridor 26 Business Association to provide technical support and assist in growing the organization. A joint marketing campaign among the businesses has been implemented and additional activities and/or festivals are being discussed to help draw attention to both the businesses and the association. The demolition of the old Mall structure has also spurred other activity in the area. Directly across Boulevard 26 a remodeled strip center went from housing two small tenants to being home to Harbor Freight and 5 other businesses. Only one small space remains. The previously mentioned Lone Star Baby and Kids also located in this area. Targeted marketing and promotion efforts continue through traditional print advertising, online "Construction Updates," participation at commercial development conventions and a direct mail campaign to family sit-down restaurants. We also continue to work closely with the commercial brokers and owners of the existing shopping centers and remaining vacant buildings to promote our area and monitor business activities. Communications with our businesses and residents will continue with newsletter articles, web updates, and direct mail. For 2008 we are also implementing a formal business visitation program with the goal of meeting the owners and managers of at least 240 smaller businesses. This will allow us to better understand our existing business base and receive feedback on our efforts and programs. Respectfully Submitted, Thad Chambers Director of Economic Development CITY OF CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-11-2008 Presented by: Agenda No. B.1 Subject: Pursuant to the provisions of Section 551.071, Texas Government Code the City Council will meet in closed session to seek the advice of its attorney about pending or threatened litigation: Robert Coffman CITY OF 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, February 11, 2008 7:00 P.M. A.0 Call to Order -Mayor Trevino A.1 Invocation -Councilman Turnage A.2 Pledge -Councilman Turnage A.3 Special Presentations) and Recognition(s~ -Annual Bunny & Bear Drive presented bey Whatley A.4 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. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.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 requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of January 28, 2008 City Council Meeting B.2 RP 2007-13 Consideration of a Request from Marcus Blagq and T.J. Stankiewicz to Approve a Replat of Lot 1, Block 1, into Lot 1 R-1 & 1 R-2, Block 1, Culp Addition Located at 6700A Davis Blvd - 4.548 acres). C.0 PUBLIC HEARINGS C.1 ZC 2007-13 Case has been WITHDRAWN by applicant. Request from Keith Hamilton to withdraw Zoning Change request from "RI-PD" Residential Infill Planned Development and "NS" Neighborhood Services to "NR-PD" Non Residential Planned Development ,Located in the 8900 Block of Mid Cities Blvd - 5.855 acres- Ordinance No. 2973 C.2 ZC 2007-14 Case has been WITHDRAWN by applicant. Request from Keith Hamilton to withdraw Zoning Change request from "RI-PD" Residential Infill Planned Development to "R-2" Single Family Residential Located on the 8700 Block of Martin Drive - 4.108 acres. -Ordinance No. 2974 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2008-004 Approve Texas Department of Transportation (TxDOT~ Updated Agreement for the Maintenance of Traffic Signal Lights on State Highway Right- of-Ways -Resolution No. 2008-009 E.2 PW 2008-005 Approve Subordination Agreement for the 1998 City/Developer Agreement with Billy and Ernestine Graham -Resolution No. 2008-010 F.0 GENERAL ITEMS F.1 GN 2008-011 Calling May 10, 2008 City Council Election and Authorizing a Joint Election Agreement with Other Tarrant County Political Subdivisions and Contract for Election Services with Tarrant County -Resolution No. 2008-088 F.2 PU 2008-006 Authorize the Purchase and Installation of Replacement Mobile Data Computers for Fire Apparatus From Portable Computer Systems, Inc. in the Amount of $142,608. F.3 GN 2008-012 Approve 2008 Federal Legislative Positions F.4 GN 2008-013 Approve Atmos Energy, Corp., Mid-Tex Division Settlement Agreement and New Tariffs -Ordinance No. 2980 F.5 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda G.0 INFORMATION AND REPORTS G.1 Announcements -Mayor Pro Tem Compton G.2 Adjournment CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 2-11-2008 Presented by: Agenda No. A.0 Subject: Call to Order -Mayor Trevino CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 2-11-2008 Presented by: Agenda No. A.1 Subject: Invocation -Councilman Turnage CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-11-2008 Presented by: Agenda No. A.2 Subject: Pledge -Councilman Turnage CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Haley Whatley Council Meeting Date: 2-11-2008 Agenda No. A.3 Subject: Special Presentation(s) and Recognitions) -Annual Bunny & Bear Drive presented by Haley Whatley Haley Whatley, a young North Richland Hills resident, is coordinating her 8t" Annual Bunny & Bear Drive benefitting Cook Children's Medical Center in Fort Worth. Her goal is to give every child at Cook's a bunny during their time in the hospital. North Richland Hills City Hall is one of the collection points for this year's drive. Many local businesses are also participating in this effort. The drive will continue through February 28t" and the bunnies and bears will be delivered to the hospital at 4 p.m. on Thursday, February 28th. Haley has asked to make a special presentation to the City Council to seek continued and raise awareness about her effort. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-11-2008 Presented by: Agenda No. A.4 Subject: 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. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-11-2008 Presented by: Agenda No. B.0 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 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 -JANUARY 28, 2008 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 28t" day of January, 2008 at 6:00 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Suzy Compton Mayor Pro Tem, Council Place 3 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Ogden Bo Bass Assistant City Manager Jared Miller Assistant City Manager Karen Bostic Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Mike Curtis Public Works Director Jimmy Perdue Police Chief Absent: Scott Turnage Council, Place 6 Call to Order Mayor Trevino called the work session to order at 6:00 p.m. A.1 Discuss Items from Regular City Council Meeting There were no questions from the Council. A.2 I R 2008-012 2008 Bond Sale Mr. Larry Koonce, Finance Director, reviewed the proposed bond sale for 2008. Mr. Bob Dransfield, Fulbright & Jaworski, Bond Counsel and Nick Bulaich, First Southwest, Financial Advisors, were present to answer questions from Council. The general obligation (GO) portion of the sale consists of projects totaling $4,180,000 and the proposed certificate of obligation (C.O.) portion of the sale consists of projects and equipment in the amount of $4,825,000 for a total of $9,005,000. The C.O. sale includes funds and equipment for the ambulance and utility department camera van replacement, golf course drainage improvements, NRH20 strategic plan projects and utility projects. The G.O. bonds are all voter approved and follow the bond election plans of 2003 and 1994. The projects in the list were approved by the Council in the Capital Projects Budget. Staff reviewed the funding sources proposed in the 2008 Capital Projects Budget and is proposing to change certain funding sources based on the results of fiscal year 2007 cash flow. Staff proposes to fund three utility capital projects as pay-as-you-go from impact fees instead of C.O.'s -Water Line Amundson Winter Park and Newman, Water Line Boulevard 26 /Cardinal Lane and Water Line Precinct Line / TRA Pump Station - for a total of $1,270,000. Staff is recommending that two projects, Davis Boulevard /Mid-Cities intersection utility relocation ($500,000) and the telemetric water meter ten year replacement program 2008 ($300,000) be financed with C.O.'s. The two projects are being moved from pay-as-you go to debt issuance because the Utility Fund did not have as good of a year as it did in 2006. This will reduce the C.O. issuance by over $460,000 and will save approximately $240,000 in interest expense over twenty years. Staff reviewed with Council the calendar for the tentative bond sale and responded to questions from the Council. A.3 IR 2008-015 Police Department Racial Profiling Annual Report Police Chief Jimmy Perdue presented the annual Racial Profiling Report. During the calendar year 2007, two racial profiling complaints were received. The Police Department hired Alex del Carmen, PH.D., of Del Carmen Consulting to analyze data collected by the Police Department. It was reported to Dr. del Carmen by the Police Department that two racial profiling complaints were received and both were determined to be unfounded. The analysis of the six-year traffic-related contact data suggested that the North Richland Hills Police Department has been, for the most part, consistent in the racial/ethnic composition of motorists it comes in contact with during a given year. The consistency of contacts for the past six years is in place despite the fact the city demographics may have changed, thus, increasing the number of subjects likely to come in contact with the police. Dr. del Carmen concluded that the North Richland Hills Police Department has complied with the Texas Racial Profiling Law (SB1074). A.4 IR 2008-010 Discuss Rescheduling the March 10 and MaY 26 Council Meetings Patricia Hutson, City Secretary advised Council that there were two conflicts with upcoming Council meetings. Several Council members would be out of town during the March 10th meeting and Memorial Day Holiday is May 26th. Recommendation is to change the March 10t" meeting to Monday, March 17t" and the May 26t" meeting to Tuesday, May 27t". After a brief discussion from Council consensus was to reschedule both meetings as recommended. A.5 IR 2008-011 Discuss Consideration of Expansion or Retirement of TIF #1 John Pitstick, Director of Planning and Development, presented a PowerPoint presentation outlining the accomplishments of TIF #1 and options to retire TIF #1 or expand TIF #1 to help with revitalization efforts along Boulevard 26. Highlights included: TIF Background: • Created in 1998 to provide drainage improvements for redevelopment of Richland Plaza shopping center (now The Hills Business Center) • NRH, BISD, Tarrant County, TCC, TCHD • 20 year financing plan (1998 - 2018) • 1998 - 2007 = $7 million in new TIF growth • Current Tenants = ATI Training Center, Silverleaf Resorts, LetsTalk, Winfree Academy, ECAP, Walter Mortgage (874 new jobs) • $7 million in new personal property TIF Current Status: • BISD cannot participate in TIF expansion efforts, but can allow TIF continuation • OPTIONS - 1) Consider 10 year call option to defease TIF #1 - 2) Consider TIF #1 expansion to encourage ongoing revitalization of Boulevard 26 Corridor - 3) Revisit TIF #1 next year • BISD has passed a resolution to defease TIF #1 Boulevard 26 Revitalization Efforts • Waiting on TXDOT to approve intersection improvements • Corridor 26 Business Association established • Cooperative efforts between RH and NRH • Only major plans include NRH Baptist Church • No major private investment to anchor revitalization efforts for Boulevard 26 (Calloway Creek plans on hold) • Need for ongoing public investment and presence along Boulevard 26 Proposed TIF #1 Expansion Plans • Proposing TIF boundary expansion along Boulevard 26 frontage within NRH • Proposing public projects that will spur revitalization efforts • Conservative financial plan within original 2018 TIF timeframe • Utilizing existing revenues to fund new projects with modest growth in new boundaries TIF #1 Expansion Plans Project 1- Rufe Snow and Glenview intersections - $1 million - Commitment from Richland Hills for additional $1 million Project 2 -Remove above ground utilities - $1 million - Encourages NRH Baptist Church expansion Project 3 -Purchase land for future Public facility - $500,000 - Existing movie theatre and parking underutilized Total - $2.5 million TIF #1 Expansion Benefits • Leverages additional outside funding • Allows designated area for additional infusion of public development funds for building facade and sign improvements • Helps stimulate ongoing revitalization of Boulevard 26 • Creates public presence in proposed future public facility • Conservative, achievable financial plan • Promotes Quality of Life, pride of ownership south of Loop 820 Elimination of TIF #1 Payout to taxing entities Taxing Entity One time Annual Taxes BISD $133,950 $122,013 City of NRH $ 47,000 $ 44,439 Tarrant County $ 23,500 $ 21,167 TC Hospital $ 18,800 $ 18,352 TC College $ 11,750 $ 10,867 TOTALS $235,000 $216,838 Summary • TIF #1 expansion creates $2.5 million in public improvements • All new projects benefit taxing entities and provide economic stimulus to Boulevard 26 • Conservative Plan to be paid off by 2018 • BISD cannot participate in TIF expansion • All taxing entities would have to agree to TIF expansion plan • With 2008 TIF retirement BISD would capture $134,000 for single year (new State school financing) After a brief discussion and questions from Council, the consensus was to continue TIF #1 and promote expansion plans. A.6 IR 2008-013 Discuss 2008 Federal Legislative Positions Mayor Trevino announced that due to time restraints this item would be moved to the next Council Work Session, February 11, 2008. If any Council member had any questions regarding the item to please contact the City Manager's office. A.7 Adjournment Mayor Trevino announced at 6:57 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order January 28, 2008 at 7:08 p.m. ROLL CALL Present: Oscar Trevino Suzy Compton John Lewis Ken Sapp Tim Barth David Whitson Tim Welch Staff: Larry J. Cunningham Ogden Bo Bass Patricia Hutson Monica Solko George Staples Absent: Scott Turnage Mayor Mayor Pro Tem, Council Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 7 City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney Council, Place 6 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 RECOGNITIONS) PROCLAMATION RECOGNIZING TOM FLEMING'S CONTRIBUTION TO THE SCORE PROGRAM -PRESENTED BY COUNCILMAN LEWIS Mr. Fleming was unable to attend the Council meeting and will be recognized at a future meeting. A.4 CITIZENS PRESENTATION None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JANUARY 14, 2008 CITY COUNCIL MEETING B.2 PU 2008-005 AUTHORIZE TO CONTINUE THE PURCHASE OF BADGER WATER METERS AND TELEMETRIC DEVICES AND PRICE INCREASES FROM ATLAS UTILITY SUPPLY COMPANY THROUGH DECEMBER 31, 2008 MAYOR PRO TEM COMPTON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-O. PUBLIC HEARINGS C.1 No items for this category. PLANNING & DEVELOPMENT D.1 No items for this category. PUBLIC WORKS E.1 PW 2008-002 AWARD OF BID TO ALL INDUSTRIAL IN THE AMOUNT OF $82,206.00 FOR THE REMOVAL OF THE RUFE SNOW DRIVE ELEVATED STORAGE TANK AND REVISE THE 2007/2008 CAPITAL PROJECTS BUDGET. APPROVED Mike Curtis, Director of Public Works, presented the item. This project consists of the removal of the Rufe Snow Drive Elevated Storage Tank. In 2005, a Master Water Plan was conducted by the City. The plan indicated that the elevated storage tank was no longer necessary for the City's short or long term needs. In fact the analysis showed that in order for the tank to adequately function as an elevated tank it would need to be reconstructed and raised. The estimated costs for these improvements would be $1.3 million. In order for the tank to function strictly as a water storage tank (with no benefits of the higher elevations) it would need approximately $500,000 in repairs just to comply with state standards. Since the tank is not needed and the removal of the tank would have no impact on the city's water distribution system the most economical solution is to remove the tank. On December 4, 2007, four bid proposals were received for this project: 1. All Industrial $82,206.00 2. Hunter Demolition $140,340.00 3. Allstate Tower $176,500.00 4. Patco $260,697.97 All Industrial is the low bidder and has the experience required for this project. Council approved $130,000 for the removal of the tank in the FY 2007/08 CIP Budget. The difference between the low bid of $82,206 and the budget amount is $47,794. Recommendation is to award the bid to All Industrial in the amount of $82,206 and revise the FY 2007/08 CIP Budget to show that $40,000 of the savings be transferred to another utility project that had bids come in approximately $40,000 over the budgeted amount. COUNCILMAN WELCH MOVED TO APPROVE PW 2008-002 AND REVISE THE FY 2007/O8 CIP BUDGET. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED C-O. E.2 PW 2008-001 AWARD BID TO TANK PRO, INC. IN THE AMOUNT OF $379,131.00 FOR STARNES ELEVATED WATER STORAGE TANK PROJECT AND REVISE THE 2007/2008 CAPITAL PROJECTS BUDGET. APPROVED Mike Curtis, Director of Public Works, presented the item. This project consists of making minor structural repairs and rehabilitating the elevated water storage tank located near Starnes Road and Acts Court. Recent inspections of the tank have found that repairs are needed on the safety ladders, air vents and some of the internal structural components. It is important that the tank be repaired and re-painted so that the city can maintain compliance with Texas Commission on Environmental Quality (TCEQ) regulations. On December 4, 2007, seven bid proposals were received for this project: 1. Tank Pro, Inc. $379,131.00 2. MK Painting, Inc. $425,000.00 3. TMI Painting $437,000.00 4. NG Painting $441,600.00 5. Classic Protective Coating $443,964.00 6. Diamond Enterprise $466,300.00 7. J.R. Stelzer $491,926.00 All bid proposals received exceeded the budget. Council approved $340,000.00 in the 2007/08 CIP Budget. In order to fund this project (project number UT0704), the FY 2007/08 CIP Budget would need to be revised to $380,000.00. An additional $40,000 is available due to savings from the Rufe Snow Elevated Storage Tank Removal project (UT0702). Recommendation is to award the bid to Tank Pro, Inc. in the amount of $379,131.00 and for the CIP Budget to be revised to cover the additional cost for this project. Tank Pro, Inc. has experience in painting and repairing water storage tanks and all references have provided positive feedback. COUNCILMAN LEWIS MOVED TO APPROVE PW 2008-001. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-O. E.3 PW 2008-003 APPROVE THE NOTICE OF INTENT FORM AND THE STORM WATER MANAGEMENT PROGRAM WHICH COMPRISE THE GENERAL PERMIT APPLICATION FOR THE NORTH RICHLAND HILLS SEPARATE STORM SEWER SYSTEM (MS4) APPROVED Mike Curtis, Director of Public Works, presented the item. The 1987 amendments to the Clean Water Act mandated the Environmental Protection Agency (EPA) to develop a tiered implementation strategy for the National Pollutant Discharge Elimination System (NPDES) Storm Water Permit /Program. The first phase was implemented several years ago and impacted cities with populations greater than 100,000. The second phase of the tiered approach, Storm Water Permit Phase II, was published in the Federal Register on December 8, 1999. Phase II requires all cities with populations under 100,000 to obtain a NPDES permit for storm water discharges. The permit application for storm water discharge consists of two parts. The first part is a Notice of Intent (NOI) form that must be signed by the Mayor. The second part of the permit application consists of a Storm Water Management Program that addresses six (6) "program areas" or minimum control measures (MCMs). 1. Public Education 2. Public Involvement and Participation 3. Elicit Discharge Detection and Elimination 4. Construction Site Controls 5. Post Construction Controls 6. Pollution Prevention The deadline for the municipal storm water permit application is February 11, 2008. The city's storm water management program contains information on each of the Best Management Practices (BMPs) that have been selected to satisfy the six MCMs. The program contains a description of the selected BMPs, a schedule for implementation, and measurable goals to evaluate and track the BMP implementation. Although changes to the program are possible it is important to note that the removal of a BMP in this program will require state approval prior to its removal. The permit will expire August 13, 2012. The city's current programs and polices were considered when developing the city's storm water program. The more existing programs that the city can use as a BMP the less the impact to the city's budget during the 5 year term of the permit. It was determined that most of the requirements for the minimum control measures (MCMs) could be met with existing programs the city already performs. The new BMPs that are included in the program primarily consist of specialized training that various city employees will need and new ordinances to enforce more stringent construction practices. Because of being able to use so many of the city's current programs the financial impact will be minimal during most of the permit period. COUNCILMAN WHITSON MOVED TO APPROVE PW 2008-003. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED C-O. GENERAL ITEMS F.1 GN 2008-001 INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT -RESOLUTION NO. 2008-002 APPROVED Larry Koonce, Finance Director, presented the item. In the 2007/2008 Capital Projects Budget, City Council approved items that will be funded with certificates of obligation or general obligations bonds. The bond sale is scheduled for the spring of 2008. In the meantime, there is a need to get the bidding and awarding of some contracts underway such as the purchase of a replacement ambulance that was on the January 14th agenda. Some of the approved projects will require funding prior to the bond sale in the spring of 2008. In order to reimburse expenditures with the proceeds of future debt, Council must approve a resolution to this affect. The resolution for approval includes the total dollar amount of all projects in the 2008 Capital Projects budget that may be reimbursed with proceeds from the 2008 bond sale. The resolution includes funding for North Tarrant Parkway (Davis to Whitley), Rufe Snow Drive (Mid-Cities to Hightower), Douglas Lane street and utility improvements (Hightower to Starnes), Holiday Lane/Dick Lewis Drive signal, street and utility improvements, Iron Horse Golf Course drainage improvements, water and wastewater system improvements, aquatic park improvements, engineering and design for the new recreation center, and Fire and Public Works equipment replacement. The total to be reimbursed with 2008 bond proceeds will not exceed $9,005,000. Any interim funding required will be appropriated from existing reserves and will be repaid upon receipt of the bond proceeds. COUNCILMAN WHITSON MOVED TO APPROVE GN 2008-001; RESOLUTION 2008-002. COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-O. F.2 GN 2007-010 APPROVE THE PETITION OF ONCOR ELECTRIC DELIVERY COMPANY LLC TO MODIFY ITS LIGHTING SERVICE TARIFF PURSUANT TO THE ENERGY POLICY ACT OF 2005 ORDINANCE NO. 2979 APPROVED Karen Bostic, Managing Director, presented the item. The City of North Richland Hills retains original jurisdiction in electric matters. The energy conservation standards that the U.S. Congress prescribed in the Energy Policy Act of 2005 (EPACT 2005) specify that mercury vapor lamp ballasts shall not be manufactured or imported after January 1, 2008. Because of this ban on mercury vapor ballasts effective January 1, 2008, Oncor proposes to 1) close its tariffs for new mercury vapor installations effective March 1, 2008; and 2) implement a plan to replace mercury vapor fixtures with high pressure sodium fixtures when the fixture and/or ballast must be changed. Oncor will replace the mercury vapor fixture and/or ballast with high pressure sodium when the existing lights burn out and need to be replaced. They will not be going through the City and replacing all lights at one time. Because of this, residents will notice a difference in the color of the street lights. Mercury vapor lights have a whiter light while the high pressure sodium lights appear more yellow. The City should see some savings when lights are switched to high pressure sodium fixtures because these lights are more efficient than the mercury vapor lights. This information is also posted on the city website www.nrhtx.com. MAYOR PRO TEM COMPTON MOVED TO APPROVE ORDINANCE NO. 2979. COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED s-O. G.1 INFORMATION AND REPORTS Councilman Sapp made the following announcements. The City of North Richland Hills reminds residents that new garbage and recycling schedule begins the week of February 4th. Residents north of the Cottonbelt Rail Line will have garbage pickup on Tuesday /Friday and residents south of the Cottonbelt Rail Line will have garbage pickup on Monday /Thursday. Recycling collection will be on one of your designated garbage days. The new collection schedules are available at City Hall and other City facilities and are posted online at www.nrhxt.com. The North Richland Hills Parks & Recreation Department will host the 17th Annual Daddy/Daughter Valentine Dance on Saturday, February 9th at the BISD Fine Arts/Athletic Complex. Tickets are $8 per person and can be purchased at the NRH Recreation Center. For additional details, please call 817-427-6600. North Richland Hills City Council Meetings are now being broadcast over the Internet. To view the meetings and other Citicable NRH programming on your computer, simply go to www.nrhtx.com and click on the Citicable NRH television graphic on the left side of the home page. You can watch the meetings live as they happen from anywhere with an Internet connection. The meetings will also be archived on the web site for one year. Kudos Korner - JoAnn Stout and Debbie York, Neighborhood Services Department. An e-mail was recently received thanking JoAnn and Debbie for providing much needed assistance to an elderly resident. The furnace in the woman's home gave out and she could not afford to replace it. JoAnn and Debbie coordinated assistance through the Neighborhood Initiative Program and the furnace was quickly replaced. The resident and her family were very thankful for the prompt, professional and caring response that was provided. G.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:34 p.m. Oscar Trevino -Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 2-11-2008 Presented by: Eric Wilhite Agenda No. B.2 Subject: RP 2007-13 Consideration of a Request from Marcus Blagg and T.J. Stankiewicz to Approve a Replat of Lot 1, Block 1, into Lot 1 R-1 & 1 R-2, Block 1, Culp Addition (Located at 6700A Davis Blvd - 4.548 acres). Case Summary: The applicants, Marcus Blagg and T.J. Stankiewicz, are proposing to replat this 4.548 acre lot for the purpose of creating a new separate lot at the eastern end of the existing subdivision adjacent to the railroad right-of-way. This new Lot 1 R-2 will contain 1.2257 acres and the remaining portion, Lot 1 R-1, will contain 3.3224 acres. A site plan will be processed through the Development Review Committee prior to development of the site. The applicant owns and operates a tree and landscape service. Current Zoning: "I-2" Medium Industrial with a Special Use Permit for a telecommunications tower (on lot 1 R-1) Thoroughfare Plan: Lot 1 R-1 has frontage and access onto Davis Boulevard, a principal arterial street (P6D). The proposed Lot 1 R-2 would have access across Lot 1 R-1 via atwenty-four (24) feet access easement and fire lane which terminates in a fifty (50) feet radius cul-de-sac. Comprehensive Plan: The Comprehensive Plan depicts mixed-uses for this area. The lot proposed by this plat is consistent with the plan. Staff Review/Rough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer has determined that the developer will be required to assume 100% of the amount required for public infrastructure improvements. Planning and Zoning Commission Recommendation: Approval of replat request 4- 0. Staff Recommendation: To approve replat request RP 2007-13. Review Schedule: Application: 12/3/07 Final Hearing: 2/11/08 Staff Review & Scheduling Time: 7 weeks Applicant Revision Time: 3 weeks Total Review Time: 10 weeks LOCATION MAP ~,. __, ~ ' ~r, ' ' ~. ____ '~ tI 1 ~ ~ ~ i ~- ~ ,~ f ~ _ _ ~,+~ RP 2UU7-13 Replat, Culp Addition Lot ~ R1 & Lot 'I f~~, ~IoCk 'I ~7't}O-A Davis Blvd Feet Prepared by Planning 1/8/48 0 125250 000 750 1,000 PUBLIC WORKS MEMO NF~H CITY OF NORTH RICHLAND HILLS MEMO TO: Chad VanSteenberg, Assistant Planner FROM: Caroline Waggoner, Civil Engineer SUBJECT: Culp Addition; Block 1, Lots 1R-1 8~ 1-R2 RP 2007-10 DATE: January 8, 2008 Re-Plat On January $, 2008, the Public Works Department determined that the Final Plat for the Culp Addition; Block 1, Lots 1 R-1 ~ 1-R2 {RP 2007-10) received by this department on January 3, 2007 met the requirements of the Public Works Department in accordance with Chapter 110 of the City Code. Public Infrastructure Construction Plans On December 19, 2007, the Public Works Department determined that the Public Infrastructure Construction Plans for the Culp Addition tithe "Subdivision"}, received by this department on December 5; 2007, met the requirements of the Public Works Department in accordance with the Subdivision Ordinance (chapter 110 of the Gity Code), Please Wore that the details included in the plan set musf be updated to reflect the current standards prior to issuing construcfion sets. Rou h Pro ortionati The public improvements necessary for the Subdivision include the installation at water and sanitary sewer facilities. The construction of these public infrastructure items is required for the development of the Subdivision as proposed by the developer. Therefore, the developer will be required to assume 100% of the amount required far such public infrastructure improvements which will be indicated on the final approved public infrastructure construction plans for the Svbd~~r~i°aivn. The above determination of proportionality is made pursuant to Section 212.90, Texas Local Government Code by the undersigned professional engineer in the employ of the City of Nor#h Richland Hills, licensed by the State of Texas. The Public Works staff will be available to meet and further discuss this rough propartionaGty determination. The developerlengineer/owner may dispute staffs proportionality determination by filing a written appeal of this proportionality determination. PUBLIC WORKS MEMO (CONT.) N FAH along with 15 copies of such appeal, with the City Secretary within 1U days of the date of thf Planning and Zoning Commission. 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S°2 o,~ 8 a a V ~~ `n ~~~' o~ aq~~ J a a t~ . ~ n" 3 ~~ ~ Y E Yfg I¢ r i~ f ix ~;CY P E.xF A €8 ,~~~ ~ ~ ~~ i~ t ~ ~ ~ ;~ jj9- x LsE^~ ~ Y EXCERPT FROM THE MINUTES OF THE JANUARY 17, 2008 PLANNING AND ZONING COMMISSION MEETING RP 2007-13 Consideration of a Request from Marcus Blagg and T.J. Stankiewicz to Approve a Replat of Lot 1, Block 1, into Lot 1 R-1 & 1 R-2, Block 1, Culp Addition (Located at 6700A Davis Blvd - 4.548 acres). Michael Butler, 7308 Luther Ct., North Richland Hills, came forward as the business manager for the project. Chairman Shiflet asked Mr. Butler if they were purchasing the property towards the back? Mr. Butler said yes. Eric Wilhite described the location of the replat as a lot that is currently long and narrow between Davis Blvd. and Amundson Dr. along the Cottonbelt Railroad Right of Way. There are existing older structures along the location. The portion that they are looking to purchase is currently vacant and in order to purchase the vacant property, they are asking to be able to subdivide the portion of the existing lot. In order to keep the property from being essentially land-locked there is a mutual access and fire lane that will come clear through both lots to a cul-de-sac that will function as the turn around for the fire lane. This will create two lots, one approximately 3.3 acres, and the other just over 1.2 acres. The plat does meet all the subdivision rules and regulations and staff has reviewed and recommends approval. APPROVED Bill Schopper, seconded by Kelly Gent, motioned to approve RP 2007-13. The motion carried unanimously (4-0). CITY OF CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 2-11-2008 Presented by: Eric Wilhite Agenda No. C.1 Subject: ZC 2007-13 Case has been WITHDRAWN by applicant. Request from Keith Hamilton to withdraw Zoning Change request from "RI-PD" Residential Infill Planned Development and "NS" Neighborhood Services to "NR-PD" Non Residential Planned Development (Located in the 8900 Block of Mid Cities Blvd - 5.855 acres) -Ordinance No. 2973 Case Summary: At the January 14t" City Council meeting the applicant requested the case be continued to the February 11 City Council meeting. The request has now been withdrawn. Please see attached withdraw request letter following staff report. Because the applicant has requested to withdraw the zoning change request, staff has been advised by the City Attorney that the case can simply be announced and it be stated that it has been withdrawn. The public hearing does not need to be opened. The applicant and developer, Brynwyck Equity Partners LTD. represented by Keith Hamilton, is requesting rezoning of a 5.855 acre tract from "RI-PD" and "NS" to "NR-PD" Non-Residential Planned Development. This site is located at the 8900 block of Mid- Cities Blvd. Running concurrently with the NR-PD request is a request to rezone the remaining 4 acres to the north from RI-PD to R-2 (case #ZC 2007-14). In May of 2007 two zoning change requests were approved on this tract which divided the property between an RI-PD at 7.685 acres to the north and approximately 2 acres of "NS" Neighborhood Services 200 feet deep along the Mid-Cities Boulevard frontage. This created two development tracts. Since the zoning change approvals in May, a new development opportunity for a Long Term Acute Care Hospital and a Medical Office Building presented itself to the property owner. This would require more area than that which was rezoned to "NS" in May. The new NS based, NR-PD request is approximately 500 feet deep at the Mid Cities Boulevard frontage and includes 5.855 acres. Site Plan Requirements: All requests for PD zoning must by ordinance be accompanied by a site plan, landscape plan and building elevations. All NR-PD's (Nonresidential Planned Developments) are required to be a minimum of 3 acres and shall also meet all the base district requirements unless specific deviations are requested and approved. NR-PD deviations can include land uses, lot and area requirements, parking, access, screening, fencing, landscaping, accessory building, density and lighting. Any deviations from standards are to be evaluated based on compatibility with adjacent development and the quality, scope and scale of the key amenities and design elements provided. The applicant has chosen to use the Neighborhood Services zoning district as a base district and is requesting deviations to add the land use of hospital and medical office building with more than 3 doctors and requesting the maximum building height to be 58 feet or three stories. These requested changes could have been eliminated with the designation of a CS (Community Services) as a base district. However, the NS district is generally more restrictive in typically allowing garden office with limited retail uses that are compatible with the Mid Cities Boulevard corridor. A comparison of the Neighborhood Services zoning requirements with the proposed PD request is included below: NS reaulations NR-PD reauest Minimum District Area 10,000 sq.ft. 5.855 acres Minimum Frontage 50 feet 530 feet Maximum building lot coverage 40% 22.2% Lot area minimum none 5.855 acres Minimum lot width none 530 feet Minimum lot depth none 333 feet Minimum front building line 25 feet 175 feet Minimum side building line none 80 feet Minimum rear building line 35 feet from R2 73 feet Landscaping/Open Space 15% of site 24% of site Maximum height of structures 38 feet 58 feet* Land Uses Hospital not permitted Permitted* Medical Clinic (more than 3 SUP Permitted* Doctors) *(Requested Deviations) Proposed Hospital and Medical Office Building Development: This request includes a proposal fora 38,000 square feet 2-story medical office building and a 78,000 square feet 3-story 60 bed Long Term Acute Care Hospital (LTACH). The project is being funded by a medical physicians group. A LTACH is a facility that is focused on patients with serious medical conditions that require intense, special treatment for a long time (usually 20-30 days). The patients often transfer from Intensive Care units in traditional hospitals. The biggest difference between a LTACH and a traditional hospital is in the specialization. This LTACH will not offer general services such as emergency room, maternity ward, or other services. It will focus on very high standards of a relatively small list of ailments. The site plan indicates a main entrance off of Mid Cities Boulevard with a 26 feet fire lane surrounding the medical office building and patient tower. A second emergency access (gated) is also provided through the proposed residential neighborhood to the north with access to Martin Drive. The site plan will have 280 parking spaces which slightly exceeds the required minimum parking of 277 parking spaces. Covered drop off areas are also indicated at both the medical office building and acute care hospital. Parking lot lighting fixtures are indicated throughout the site. All lighting fixtures on the rear of the site will require hooded screening from the adjacent future residential development. Sidewalks with pedestrian ramps will be constructed the full length of the frontage along Mid Cities Boulevard. A monument sign is indicated to be located at the entrance with a directional sign at the building. Both signs meet the city's requirements and will be made of pre-finished colored aluminum and surrounded by a limestone masonry veneer. The building elevations indicate brick and glass buildings with limestone accents. All building elevations meet the city's requirements for building articulation and enhanced architectural features. A major landscaped buffer and landscaped entryway is provided along Mid Cities Boulevard. Parking lot islands include generous use o~r: live oaks and Texas red buds flank the main entryway. Extensive landscaping is also provided throughout the sight with over 24% of the sight in open space landscaping which exceeds the required 15% landscape minimum. A six feet masonry screening wall is provided on the north side and wrapping around the east side where adjacent residential property exists. As a mitigating factor for the three story hospital being adjacent to residential property the applicant has provided additional landscaping including live oaks, bur oaks, lace bark elms, Mexican plums and evergreen elderica pines. Requested Variance from Neighborhood Services regulations: • Maximum Height of Buildings = 38 feet with variance to 58 feet (proposed adjacent residential structures to be at least 160 feet from medical buildings. Typical 1.5 feet of distance for every foot of building height would indicated a minimum of 87 feet setback) • Requesting to add Hospital and Medical Clinic with more than 3 doctors as a permitted land use under this Planned Development Enhanced Development Amenities as part of Planned Development: • Widened and enhanced entryway with extensive landscaping • Articulated architectural features with multiple building materials • Enhanced parking lot landscaping and lighting • Additional side yard landscaped buffer yards • Provided landscaped courtyard and landscaped berm adjacent to buildings • Covered drop off canopies • 24% of sight in landscaped open space • Enhanced evergreen landscaped screening at rear of sight adjacent to residential property Existing Site Conditions: The site is currently vacant with limited tree vegetation scattered throughout the site. The site is predominantly flat in nature with little topographic relief. Thoroughfare Plan: The development will have access on Mid-Cities Boulevard, a six lane divided principal arterial street (P6D) with 110 feet of right of way. The driveway will be located at the signalized intersection of Hawk Avenue and Mid-Cities Boulevard and a left turn lane will be constructed for eastbound traffic on Mid-Cities. Comprehensive Plan: The Comprehensive Plan depicts primarily Neighborhood Service uses in this area. Plat Status: A preliminary and final plat will be processed for review and approval after the zoning change request approval. Adjacent Zoning /Land Use: North: "RI-PD" with request for "R2" (Single family) East: "AG"/ Vacant (comp plan indicates "NS" and low density res.) South: "11" Light Industrial/Institutional-Birdville High School (comp plan indicates Town Center zoning for industrial property West: "SUP" /Legacy Church of Christ Planning and Zoning Commission Recommendation: Approval by vote of 4-0 with the following conditions: 1. A pedestrian connection be made from R-2 proposed development to Mid-Cities Blvd. 2. The label on exhibit for drive connection to future NS development to East, be amended to read as emergency/ mutual access easement. The applicant has agreed to do these requests, and has indicted them on the attached Exhibit B, Landscape Plan. Staff Recommendation: Mayor simply needs to announce that the zoning case is being withdrawn at the request of the applicant. Review Schedule: Application: 9/24/07 Final Hearing: 1/14/08 Staff Review & Scheduling Time: 12 weeks Applicant Revision Time: 4 weeks Total Review Time: 16 weeks HA.MIL T+f~N I3 UFFY, P. C. Civil & Environmental En ineers • Flanners • Construction Managers February 5, 2008 Mr. Eric Wilhite City of North Richland Hills 7301 N.E. Loop 820 North Richland. Hills, Texas 761.80 RE: Case ZC 2007-13 Zoning Change -PD & NS to NR-PD {S.SSS Acres} $900 Black. of Mid-Cities Blvd. - (Jrdinancc No. 2974 City of North Richland Hills, Texas Dear Eric. We respectfully request. that the above referenced Zoning; Change be withdrawn fr©m the regularly scheduled City Council Meeting of l~ ebruary 11, 2048. Considering the Federal Government's recent legislation activity, it appears that the construction of a Lang Term Acute Care (LTAC) Hospital is highly unlikely.. It is for this xeason that the applicant has desired to withdraw this Zoning Change Application. Please call with any questions that you may have. Sincerely, HAMILTON DUFFY, P.C. Keith Hamilton, P.E. 8241 Mid-Cities Blvd., 81(10 Noah Richland Hills, 7'X 76180 Phone: (8.17) 268-0408 Fax: (817} 28~d &d08 LOCATION MAP `m i ~o 1 ~. Mid-Cities oulevard N 1"~ ~~~`. ZC 2407-13 ~Oning hane, Tract 12A10A and ~orti0ns of Tract 12A10 and 12C, Abstract 1055 "CIS" and "RI-PD" to "l~R-PD„ 8900 dock Of Mid-Cities E~oulevard Feet Prepared by Planning 12/06/07 0 10o zoo aoo Soo 800 NOTICE OF PUBLIC HEARING -PLANNING AND ZONING COMMISSION Y .[~~~ ; •r'~`'°~x NOTICE OF PUBLIC HEARING ~: ~. • ;:~ ~`` CITY OF NORTH RICHLAND HILLS T£X.~~ PLANNING AND ZONING COMMISSION Case #: ZC 2007-'13 Applicant: Kei#h Hamilton Location: 89D0 Block of Mid Cities Blvd ~~.855 acres You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A public hearing is being held to consider a request from Keith Hamilton to rezone 5.855 acres of land from "RI-PD" Residential Infill Planned Development & "NS" Neighborhood Services to "NR-PD" Non Residential Planned Development, located in the 8900 Block of Mid Cities Blvd. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 20, 2007 Meeting Time: 7:00 P.M. Meeting Location: CITY COUNCIL CHAMBERS 1301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone {817} 427-6300 Fax {$17} 427-6303 NOTICE OF PUBLIC HEARING -CITY COUNCIL ~~CH~~a ~'~~'~''~':~ NOTICE GF PUBLIC HEARING ~`` CITY OF NORTH RICHLAND HILLS ~'~~ ~: T~~~S CITY COUNCIL Case #: ZC 2QQ7-'13 Applicant: Keith Hamilton Location: 890 Block of Mid Cities Bled X5.855 acres] You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Pur ose of Public Hearin A public hearing is being held to consider a request from Keith Hamilton to rezone 5.855 acres of land from "RI-PD" Residential Infill Planned Development & "NS" Neighborhood Services to "NR-PD" Non Residential Planned Development, located in the 8900 Block of Mid Cities Blvd. Public Hearin Schedule: Public Hearing Dates: CITY C~UNCtL MONDAY, JANUARY 14, 2008 Meeting Time: 7:00 P.M. Meeting Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP $20 NORTH RICHLAND HILLS, TEXAS I€ you have any questions or wish to submit a petition or letter concerning the above request please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills: Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 PROPERTY OWNER NOTIFICATION LIST Brynwyck Equity Partners Ltd W D Souder Lucas FLP Farms Ltd 7952 Davis Blvd., Ste. 100 305 Braokridge Ct. c/o L B Walker and Assoc. Inc. NRH, TX 76180 Hurst, TX 76054 PD Box 16290 Houston, TX 77222 Dixie Joanne Payne 8940 Martin Drive Fort Worth, TX 76180 Dennis R. and Kay Lang 8800 Martin Dr. Fort Worth. TX 76180 Tracie Swayden 8820 Martin Drive NRH, TX 76180 Legacy Church of Christ 8801 Mid-Cities Boulevard NRH, TX 76180 Birdville ISD 6119 E. Belknap Street Fort Worth, TX 76117 Michael R. Makens 8713 Cardinal Lane Fort Worth, TX 7fi 180 Clinton R. Brooks 7925 Sheffield Court NRH, TX 76180 ORDINANCE NO. 2973 ZONING CASE ZC 2007-13 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 5.855 ACRE TRACT OF PROPERTY FROM RI-PD (RESIDENTIAL INFILL PLANNED DEVELOPMENT) AND NS (NEIGHBORHOOD SERVICES) TO NR-PD (NON-RESIDENTIAL PLANNED DEVELOPMENT) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 5.855 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from RI-PD (Residential Infill Planned Development) and NS (Neighborhood Services) to NR-PD (Non-Residential Planned Development) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 11th day of February, 2008. 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: John Pitstick, Planning & Development Director EXHIBIT A .'~I'~'.ii ~lll'~'~~~IIIr.?. II1C. ri! ~ t I '~ i~l;ri! ~..ro 11~~. ` :~ tii R l '~ r~F;~ FIELD N(]TES Hos ltal Traci Description for a tract of land in the T. K. Martin Survey, Abstract Number 1 X55, City of North Richland Hills, Tarrant County, Texas, and being a portion of "Tract IV" as described in the deed to Arcadia Land Partners 2~, Ltd., recorded in Cierk's File Number D2a3472395, Deed Records, Tarrant County, Texas; and being described by metes and bounds as follows: BEGINNING in the north line of Mid-Cities Boulevard at the southwest corner of said Tract IV; THENCE North 00 degree 01 minutes 07 seconds East a distance of 501.16 feet along the west line of Tract IV; THENCE EAST a distance of 527.53 feet to the east line of Tract IV; THENCE South 00 degree 42 minutes 04 seconds East a distance of 124.92 feet to a 2'` iron pin found for an angle point in the east line of said Tract IV; THENCE South 00 degree 15 minutes 06 seconds East a distance of 333.08 feet to a Texas Department of Transportation concrete monument found in the north line of Mid-- Cities Boulevard for the southeast corner of Tract IV: THENCE the following curses and distances along the north line of Mid-Cities Boulevard and the south line of Tract IV: South 82 degrees 47 minutes 11 seconds Vilest a distance of 11.82 feet to a Texas Department of Transportation concrete monument found at the beginning of a curve, concave to the north, having a radius of 5,669.58 feet, and a long chord which bears 122.33 feet, South 83 degrees 31 minutes 42 seconds West: Westerly along said curve, a distance of 122.33 feet to a Texas Department of Transportation concrete monument found at the end of said curve: North 70 degrees 57 minutes 20 seconds West a distance of 47.82 feet to a box found cut in concrete: EXHIBIT A (CONT.) :1.1'C'ii ~lll"~'C~'ill` . I I1L. . -_ ._ ._ South 64 degrees 57 minutes 21 seconds Vl~est a distance of 58.78 feet to a Texas Department of Transportation concrete monument found at the beginning of a curve. concave to the north, having a radius of 5,669.58 feet; and a long chord which bears 299.54 feet, South 86 degrees 26 minutes 11 seconds West; ~111esterly along said curve, a distance of 299.57 feet to the POINT OF BEGINNING, said described tract containing 5.855 acres of land. m M~ W 2 W ^. 'v u5 _.r.~ z ~ ~ ~ ~~ 6 ~ b . ! a ~~a - r 6 *~ ~ b~ f ~ b~ ~ ~ i i ~t ~ ~: s ~; x :~~ ~ r ~; a ~~ ~ ~ ~~ o s a ~ o .~ sa ~ sa ~ a~ ! a s s~ ~ ~ ~ ~ ;E s i.. a a _t a .. x a^£ _ p r_ r #~"g : a g aA a~ ~ ~~# aEsi taf~ } a b` 8~ ~ b3~" ~b ~ bd~~ ` ~ " : .~ :. ~ i. ~z iii" i. Z ~ a i :' z~ ~°~ 't ~ ~~ t Qi b6 d t ' ` ` . ~' o S ~° 'Ab ~ d ~ ~ db~ ~a a °k ~ e:~a ? $ o Ag 86tl ea i6~~ ~~ i s~~~ ~ a 8t Y ~-> r ,fie .3~a t~ ~~~~ P ~ ~y~~ :,'•' ~6i f Yg Y YE Y'~~ YF '~ 1•p ~ c~S t" . d.'~ y Y.. 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A ~~ 7f ~~ ~i 1 ~ ~ r i ` i i` i~ .. ; ~ v ~ ~, ' ~ 11 ~ ~ ii ~ t III ~~~ I ~~~ ~~ ~ I I. ~~ I~ I ` 1 `~ , ~ ( C„i ~ ,~i ~ ~ A. ~. ~. !' 1i~ l' 1 ~ .1~ I ~ `\ i i ~ I~ +i I :11 I .. ~; d i 11 j i i ( f II 1 ~ i i ~ I I~ iii II 1 ~ I II 1 I l i I Ii II}I II "Ili i~ ~ i ~~ I ~~ I ~ [ i i ,~I~I! ~.~ ~ II { I I ~ II 1 ~ I ~ I I~ I~ l~ i I I I I I I) I ~1 i I I i I I I II i ~t1 M L' S S V .~+ H EXCERPT FROM THE MINUTES OF THE DECEMBER 20. 2007 PLANNING AND ZONING COMMISSION MEETING ZC 2007-13 Public Hearing and Consideration of a Request from Keith Hamilton to Approve a Zoning Change from "RI-PD" Residential Infill Planned Development and "NS" Neighborhood Services to "NR-PD" Non Residential Planned Development, (Located in the 8900 Block of Mid Cities Blvd - 5.855 acres). Chairman Shiflet opened the Public Hearing at 7:22 p.m. Josh Eady, 9229 LBJ Freeway, Dallas, TX, came forward representing the developer on the project. Keith Hamiliton, 8241 Mid Cities Blvd, NRH, TX, came forward as the consulting engineer for this project. He gave a brief description of the site plan. Eric Wilhite explained that the property was being requested to be rezoned from RI-PD and NS to NR-PD to open up the ability to be more creative with the design in relation to some of the set backs that would have to occur adjacent to the eventual R-2. To mitigate this there was an increased amount of landscape tree vegetation put on the north side, as well as the landscape street yard in the front. The medical office building and long term acute care hospital will be going in concurrently with what eventually will be the street, for the R-2. This type of facility needs to conform to the fire code which technically requires there be three emergency access points. At this time there have been arrangements made with the Fire Department to have the main entrance off of Mid Cities and when the property develops to the east, there will be a stubbed out portion of the drive to the property line to facilitate emergency access for the site from that side of the property. He stated the architects and developers have gone above and beyond what our ordinance states for the masonry articulation. Staff believes that zoning the NR- PD in this location will be an asset to the city and recommends approval. Chairman Shiflet closed the Public Hearing at 7:34 p.m. Chairman Shiflet asked the applicant if the pedestrian access from Martin to the traffic signal would still be available? Keith Hamilton stated he did not think there would be problem doing that because there is a buffer on the east and west and there could be a sidewalk along the buffer to Mid Cities to include a pedestrian gate or opening. Chairman Shiflet stated when the future easement to the east is developed, he would be in favor of "future emergency and cross access." This would allow the residents a cut through and will benefit their property by allowing them to go through the traffic signal. APPROVED Don Bowen, seconded by Bill Schopper, motioned to approve ZC 2007-13 to include pedestrian connection from the emergency access to the north down to Mid Cities Blvd. with 4 ft sidewalk connecting, and mutual access or cross access easement be indicated connecting to east property. The motion was carried unanimously (4-0). CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 2-11-2008 Presented by: Eric Wilhite Agenda No. C.2 Subject: ZC 2007-14 Case has been WITHDRAWN by applicant. Request from Keith Hamilton to withdraw Zoning Change request from "RI-PD" Residential Infill Planned Development to "R-2" Single Family Residential (Located on the 8700 Block of Martin Drive - 4.108 acres). -Ordinance No. 2974 Case Summary: At the January 14th City Council meeting the applicant requested the case be continued to the February 11 City Council meeting. The request has now been withdrawn. Please see attached withdraw request letter following staff report. Because the applicant has requested to withdraw the zoning change request, staff has been advised by the City Attorney that the case can simply be announced and it be stated that it has been withdrawn. The public hearing does not need to be opened. The applicant and developer, Brynwyck Equity Partners LTD. represented by Cliff Harris, is requesting a rezoning of this 4.10 acre tract from "RI-PD" to "R2" single-family. Zoning change request ZC 2007-13 (Long term Acute Care Hospital & MOB) is being reviewed and processed concurrently with this request because of the same ownership and the two cases having certain development issues that are related. In May of 2007 two zoning change requests were approved from agricultural on this tract which divided up the property between an "RI-PD" on the majority of it, and an approximately three-hundred foot deep parcel of "NS" neighborhood services along the Mid-Cities Blvd. frontage. Since the zoning change approvals, a new opportunity for commercial development has come about. The proposed development requires more depth than the originally approved parcel. The area now remaining for this "R-2" single family request is significantly less than the original RI-PD residential request and the developer has determined the development as "R-2" single family is a more feasible residential type since they would not be able to meet the additional design and development standards placed on "RI-PD" zoning request. Plat Status: A preliminary and final plat will be processed for review and approval following the zoning change request. Existing Site Conditions: The site is currently vacant with limited tree vegetation scattered throughout the site. The site is predominantly flat in nature with little topographic relief. Comprehensive Plan: The Comprehensive Plan depicts mostly low density residential uses in this area. Thoroughfare Plan: The development will have a new street with access to Martin Drive, a C2U minor collector road. Surrounding Zoning /Land Use: North: "R-1-S" & "R-3"/ Special single family & Single family South: "NS" and "RI-PD"/ Vacant (proposed "NR-PD") East: "AG"/ Vacant (comp plan indicates "NS" and low density res.) West: "SUP" /Legacy Church of Christ Planning and Zoning Commission Recommendation: Approved unanimously (4-0) Staff Recommendation: Mayor should announce that the zoning change request is being withdrawn at the request of the applicant. Review Schedule: Application: 9/24/07 Final Hearing: 1/14/08 Staff Review & Scheduling Time: 13 weeks Applicant Revision Time: 3 weeks Total Review Time: 16 weeks ~iAMILTIIN 13UFFY, P.C: Civil & Environmental Engineers • Planners •~C©nstructi©n M, ana~ers February 5, 2aa8 Mr. Eric Wilhite City ofNorth Richland Hills 7301 N.E. Loop 82a North Richland Hills, Texas 76180 RE: Case zC 2007-14 Zoning Change - R1-PD to Tt-2 (4.108 Acres) 8700 Block of Martin Drive - Clydinance lYo. 2974 City of North Richland Hills, Teas Dear Eric: We respectfully request that the above referenced Zoning Change be withdrawn from the regularly scheduled City Council Meeting of February 11, 2048. Considering that this case has been running concurrent with ZC 2007-13 {Proposed LTAC Facility) and that the applicant has withdrawn that case,. we find it necessary to withdraw this Zoning Change Application. rt is the owner's intent to move forward and immediately develop the 10-acre property as it is currently zoned (R.1-PD and NS}. Please call with. any questions that you may have. Sincerely, 1H,A,MII,T4N DtJFFY, P.C. V `~------------, Keith Hamilton, P.E. 8241 Mid-Cities Blvd., #1 ~0 Norlh Richland Hills, TX 7b180 Phone: (817) 268-0408 Fax: {817) 284 8408 LOCATION MAP Mid-Cities Boulevard N FZI--1 ZC ~UQ?-1 ~ ZOning Change, Tract 12A1 t~ and a ~Ortion a-f Tract 12C, Abstract 1055 li~l-~]"\!! tV !l~r~1! 800 Block of Martin Drive Prepared by Planning 12106/07 Feet a Sao 2oa 4aa soo soo PROPERTY OWNER NOTIFICATION ~~Cx~~a .:x NOTICE OF PUBLIC HEARING 7~, = ~`` CITY OF NORTH RICHLAND HILLS •TEX.A~ PLANNING AND ZONING CC}MMISSION CITY COUNCIL Case #: ZC 2fl07-14 Applicant: Keith Hamilton Location: 874q Block of Martin Drive, X4.1 QS Acres} You are receiving this notice because you are a property owner of record within 204 feet of the property shown on the attached map. Purpose of Public,Hea A public hearing is being held to consider a request from Keith Hamilton to rezone 4.108 acres from "RI-PD" Residential Infill Planned Development to "R-2" Single Family Residential, located on the $700 block of Martin [give. Public Hearin Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 20, 2007 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, JANUARY 14, 2007 Both Meetings Time: 7:00 P.M. Both Meetings Locations: CITY COUNCIL CHAMBERS 730'1 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hiils 7301 Northeast Loop $20 North Richland Hills, Texas 761$0 Phone X817) 427-6300 Fax (817) 427-6303 PROPERTY OWNER NOTIFICATION LIST Brynwyck Equity Partners Ltd W D Souder Lucas FLP Farms Ltd c/o L B Walker and Assoc. Inc. 7952 Davis Blvd., Ste. 100 305 Brookridge Ct. PO Box 16290 NRH, TX 76180 Hurst, TX 76054 Houston, TX 77222 Dixie Joanne Payne Dennis R. and Kay Lang 8900 Martin Drive 8800 Martin Dr. Fort Worth, TX 76180 Fort Worth. TX 76180 Legacy Church of Christ Buddy L. and Marilyn Scribner 8801 Mid-Cities Boulevard 6400 Chilton Dr. NRH, TX 76180 Fort Worth, TX 76180 Marian A. Rankin James and Patricia White 6401 Blake Court 6400 Blake Court Fort Worth, TX 76180 Fort Worth: TX 76180 Linda Branach Scott P. Ormon 8801 Martin Drive 6401 Chilton Drive NRH, TX 76180 NRH, TX 76180 Tracie Swayden 8820 Martin Drive NRH, TX 76180 James Edwin Young 6404 Chilton Drive NRH, TX 76180 James W. and Karen Kay Winkle 6404 Blake Ct. NRH, TX 761$0 Saul and Stacye Cervantes 6405 Chilton Drive NRH, TX 76180 ORDINANCE NO. 2974 ZONING CASE ZC 2007-14 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 4.108 ACRE TRACT OF PROPERTY FROM RI-PD (RESIDENTIAL INFILL PLANNED DEVELOPMENT) TO R-2 (SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 4.108 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from RI-PD (Residential Infill Planned Development) to R-2 (Single Family Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 11th day of February, 2008. 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: John Pitstick, Planning & Development Director EXHIBIT A •.t ~• i ~: - • . FIELD NOTES North Resrdentral Tract Description for a tract of land in the T, K. Martin Survey, Abstract Number ~ 055, City of North. Richland Hills: Tarrant County, Texas: and being a portion of "Tract IV" as described in the deed to Arcadia Land Partners 25, Ltd., recorded in Clerk's Pile Number D203472395; Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows: COMMENCING in the north line of Mid-Cities Boulevard at the southwest corner of said Tract IV; Thence North 00 degree 01 minutes 47 seconds East a distance of 5x1.16 feet along the west line of Tract IV to the POINT OF BEGINNING of the tract herein described: THENCE North 44 degree 41 minutes 47 seconds East a distance of 576.32 feet to the south line of Martin Road and to the northwest carnet of Tract [V: THENCE South $9 degrees 54 minutes 44 seconds East a distance of 171.39 feet along the south line of Martin Road to a 518" iron pin found far the mast northerly northeast corner of Tract !V: THENCE South 00 degree 11 minutes 07 seconds East a distance of 351,03 feet to a 1/2~~ iran pin found for a northeast corner of Tract IV: THENCE North 89 degrees 35 minutes 15 seconds East a distance of 123.67 feet to a 112" iron pin found for an angle point in the most southerly north line of Tract IV: THENCE South 89 degrees 45 minutes 3G seconds East a distance of 228.44 feet to three wooden fence posts for the most easterly northeast corner of Tract IV: THENCE South 44 degree 42 minutes 44 seconds East a distance of 224.97 fee along the east line of Tract fV THENCE WEST a distance of 527.53 feet to the POINT OF BEGINNING, said described tract containing 4.'108 acres of land. 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'.. ~ ~ IJ~.- - ,-- -_ _____~ 1 .... .... wr 'q ~ - $g~' ~ ~ r, ~ ~ ~' E' wi °~ ,~ .. ~ ~,. r i ~ t - _ k _. ~ i ~ M ~, ~ 1 i i ' ~ -_ ~ ~ . ~ ji ~ ~ '.. U~ Z ~ N ~ ~ ; ~ . t i t~ i ~ i . L\ \\ 4 -~ \ ~~ \ \l \ ~~~ ' ' t t _... _. _ ~ _..... __.._.._ j ~ i ~... ~~ \ \ ~ ~ - \ ~.. \ . 1 _ ..... .. w u. i ~ .,.. L V g .. ... .... :3 .. .. _.. _.. _. _ ._.. __ , EXCERPT FROM THE MINUTES OF THE DECEMBER 20, 2007 PLANNING AND ZONING COMMISSION MEETING ZC 2007-14 Public Hearing and Consideration of a Request from Keith Hamilton to Approve a Zoning Change from "RI-PD" Residential Infill Planned Development to "R-2" Single Family Residential (Located on the 8700 Block of Martin Drive - 4.108 acres). Chairman Shiflet opened the Public Hearing at 7:28 p.m. Keith Hamilton, 8241 Mid Cities Blvd, NRH, TX came forward representing the developer. This project runs concurrently with the PD to the south to get the fire lane and access for the PD. Straight R-2 zoning is requested and a plat is being submitted in the near future. Eric Wilhite stated that this zoning change is consistent with the Comprehensive Land Use Plan showing low density residential. Dennis Lang, 8800 Martin, NRH, TX, came forward with questions on the road that will divide his property and the proposed property. Chairman Shiflet stated those issues are not addressed at the zoning change request. He stated that Mr. Lang's input is certainly valued and will take be taken into consideration. The width has not changed besides his property at 8800 Martin, but between the PD and his property the distance has been reduced. He stated that if the applicant was prepared to share any drawings he could do so; but certainly not obligated. Keith Hamilton stated that no, they were not prepared to display any site plans at this time but would meet with Mr. Lang after the meeting to answer any questions. Chairman Shiflet closed the Public Hearing at 7: 34 p.m. Bill Schopper stated he feels confident based on other projects the developer has completed in the past; he will work with Mr. Lang to shield the property from any negative impacts as much as possible. APPROVED Steven Cooper, seconded by Don Bowen, motioned to approve ZC 2007-14. The motion was carried unanimously (4-0). CITY OF CITY OF CITY OF NORTH R/CHLAND HILLS Department: Public Works Council Meeting Date: 2-11-2008 Presented by: Mike Curtis Agenda No. E.1 Subject: PW 2008-004 Approve Texas Department of Transportation (TxDOT) Updated Agreement for the Maintenance of Traffic Signal Lights on State Highway Right-of-Ways - Resolution No. 2008-009 The Texas Department of Transportation (TxDOT) is notifying cities that an "updated" maintenance agreement for traffic signal lights on state controlled roadways must be executed. Council may recall that when the City of North Richland Hills reached a population greater than 50,000, the State required maintenance responsibilities for traffic signals located in the our community to belong to the City. The City executed an agreement with the State in November 2001 that outlined the responsibilities of both parties. The State now has an updated version of the same agreement. The updated agreement includes the same responsibilities for the City and the State, but now identifies new locations where traffic signal lights have been installed since the previous agreement. The City has budgeted for the maintenance of the traffic signal lights on state highways since the execution of the original agreement. All cities in the State, with a population of 50,000 or more, are required to execute the same agreement for maintaining traffic signal lights on State controlled roadways. Traffic signal lights on controlled access freeways (Loop 820 Frontage Road) within the City will continue to be maintained by the State. Attached with the agreement is a list of all locations that will be maintained by the City and those to be maintained by the State Recommendation: Approve Resolution No. 2008-009 authorizing the City Manager to sign the updated TxDOT agreement. NiZH RESOLUTION NO. 2008-009 WHEREAS, the City Council desires to authorize the City Manager to execute a updated contract between the City and the Texas Department of Transportation for the assumption of operation and maintenance by the City of certain traffic signals; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the City Manager of the City of North Richland Hills is authorized to execute contract 2008-001 with the Texas Department of Transportation. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 11th day of February, 2008. 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, P.E., Public Works Director Texas Department of Transportation P.O. BOX 6868 • FORT WORTH, TEXAS 76t t5-0868 • (817) 370-6500 January 3, 2008 Updated Agreement for the City to Assume Operation and Maintenance of Existing Signals Mike Curtis, P.E. Director of Public Works City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76182 Dear Mr. Curtis: Attached for your review and approval are three (3) originals of the above captioned Agreement between the City of North Richland Hills and the State. The City originally executed this agreement in November 2001. The attached agreement is an updated version of that one which includes a list of the current traffic signals that are City operated and maintained by the City (See Exhibit 1). Please execute each original and return them to my office for final execution. Along with the original agreements also include a copy of the City Council's action (Resolution/Ordinance) approving this agreement. Once all of the originals have been fully executed, one will be returned to the City for your tiles. If you have any questions regarding this agreement, please contact Joel Mallard at (817) 370-6618. Sinc¢C+~ly /// `L :, ;_ ~ ~-p'_ Theresa A. Lo ` z, P. Assistant Director of Transportation Operations Attachments An Fqusr Opportunity fmploye~ Contract No 2008-001 STATE OF TEXAS COUNTY OF TRAVIS AGREEMENT FOR CITY TO ASSUME OPERATION AND MAINTENANCE OF EXISTING SIGNALS WHEN ANNEXED BY CITY OVER 50,000 POPULATION OR CITY GROWS TO OVER 50,000 POPULATION THIS AGREEMENT, dated this day of , 2008, by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State," party of the first part; and the City of North Richland Hills. Tarrant County, Texas, acting by and through its duly authorized officers under an Ordinance /Resolution, passed the day of 2008, hereinafter called the "City," party of the second part, is made to become effective when fully executed by both parties.. WITNESSETH WHEREAS, there are highway traffic signals in place at the locations shown on Exhibit 1 - Locations, attached hereto and made a part hereof, said highway traffic signals having been installed, operated, and maintained by the State at a time when said locations were not within the corporate limits of a City of 50,000 population or over; and WHEREAS, said locations are now within the corporate limits of a City of 50,000 population or over; and WHEREAS, the State under the provisions of Title 43, Texas Administrative Code, Section 25.5, has authority to install, operate and maintain traffic signals on freeway type highways in all cities and on other highway routes in cities of less than 50,000 population (latest Federal Census; and WHEREAS, the City has requested the State to leave the highway traffic signals in place at the locations shown on EXHIBIT 1 and has authorized the continued existence, use, operation, and maintenance of the highway traffic signals by Ordinance/Resolution passed on the day of , 2008. NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: AGREEMENT Article 1. The State will leave the highway traffic signals in place at the locations shown on Exhibit 1 -Locations. Article 2. For locations listed on Exhibit 1 as non-freeway locations; a. The City will operate and maintain the signals at their expense. Traffic-Traffic TEA4 Page 1 of 4 Revised 09/18/2006 Traffic Signal-Type CA Contract No 2008-001 b. The City will pay all power costs for operating the signals. c. The City shall be the responsible authority to make changes in the design and operation of the highway traffic signals as it may deem necessary and advisable to promote the safe, convenient and orderly movement of traffic. d. The City will return any and all parts of said highway traffic signal installations to the State should they be removed by the City for any reason other than for installation on a State or Federal numbered highway route at a location approved by the State. e. The City acknowledges that it is not an agent, servant, or employee of the State, and thus, is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work defined in this agreement. Article 3. For locations listed on Exhibit 1 as freeway locations: a. The State will operate and maintain the signals at its expense. b. The State will pay all power costs for operating the signals. c. The City will exercise no control whatsoever over the operation, maintenance, use, ar existence of the highway traffic signals without written authority from the Texas Department of Transportation. d. The State shall have the authority to make such changes in the design and operation of the highway traffic signals as it may deem necessary and advisable to promote the safe, convenient, and orderly movement of traffic. Article 4. General conditions for al! locations shown on Exhibit 1. a. The City will be responsible for the police enforcement required far securing obedience to the highway traffic signals. b. In the event the signal installations covered by this Agreement become unnecessary or are removed for any reason, this Agreement shall terminate. c. The State will not incur any financial obligation to the City as a result of this Agreement. d. Any changes in the provisions of this Agreement or obligations of the parties hereto shall be enacted by a written amendment executed by both the State and the City. e. In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenfarceability shall not affect any other provisions hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Article 7. All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: city: __._.__.__.~_.___.__ State: Larry J. Cunningham Maribel P. Chavez, P. E. City Manager District Engineer City of North Richland Hills Texas Department of Transportation PO Box 820609 PO Box 6868 North Richland Hills, Texas 76182 Fort Worth, Texas 76108 Traffic-Traffic_TEA4 Page 2 of 4 Revised 09/18/2006 Traft'ic Signal-Type CA Contract No 2008-001 All notices shall be deemed given an the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. Article 6. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contractor 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 auditor 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.. Article 7. This Agreement constitutes the sale and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the dates shown hereinbelow. THE CITY OF NORTH RICHLAND HILLS Executed on behalf of the City by: By Date Typed ar Printed Name and Title THE STATE OF TEXAS 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, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. gy Date Maribel P. Chavez, P. E. Fort Worth District Engineer Traffic-Traffic TEA4 Page 3 of 4 Revised 09/18/2006 Traffic Signal-Type CA Contract No 2008-001 EXHIBIT 1 -LOCATIONS State Hi~hway 29 Boulevard 29 1. Rufe Snvw Drive 2. Vance Road 3. Glenview Drive 4. Road to the Mall 5. Rodger Line Orive 6. Strummer Drive 7. Harwood Road 8. Emerald Hills Way 9. Tarrant County College Access/NRH2U 10. Walker Boulevard/Cannon Drive FM 1938 Davis Boulevard 11. Maplewood Drive 12. Harwood RoadJLola Drive 13. Emerald Hills Way 14. College Circle 15. Bridge Street 16. Mid-Cities Boulevard 17. Main Street 18. Starnes Road/Rumfield Road 19. Shadywood Lane 20. North Tarrant Parkway 21. Super Target Access 22. FM 3029 (Precinct Line Road) FM 3fl29 Precinct Line Road 23. Mid-Cities Boulevard (currently maintained by Hurst under agreement with North Richland Hills) 24. Martin Road (currently maintained by Hurst under agreement with North Richland Hills) 25. Glade Road 26. North Tarrant Parkway NOTE: All signals located on Controlled Access Freeways within the City will continue to be maintained by the State. Traffic-Traffic_TEA4 Page 4 of 4 Revised 09/18/2006 Traffic Signal-Type CA CITY OF NORTH R/CHLAND HILLS Department: Public Works Council Meeting Date: 2-11-2008 Presented by: Mike Curtis Agenda No. E.2 Subject: PW 2008-005 Approve Subordination Agreement for the 1998 City/Developer Agreement with Billy and Ernestine Graham -Resolution No. 2008-010 The City of North Richland Hills executed aCity/Developer Agreement with Billy J. Graham and Ernestine Graham in 1998 pertaining to Hightower Drive street improvements and Calloway Branch channel improvements. The channel improvements were constructed several years ago and Mr. Graham paid the city as outlined in the agreement. The street improvements were also completed several years ago; however, the agreement did not require payment to the City of North Richland Hills until the property was sold. In 2006, approximately 56 acres were sold and the City received $65,520.28 and approved a partial release of the lien held against the property for the street improvements. A portion of the property still remains unsold and the city still maintains a lien against this portion of the property. Since the execution of the 1998 City/Developer Agreement mineral rights have been leased from the Grahams. The 1998 agreement did not specifically address how mineral rights would be considered if such a lease occurred. The Subordination Agreement would spell out the rights of the City and the property owner as they pertain to mineral rights. The agreement would clearly indicate that the property owner has all rights to minerals as it pertains to their Lease Agreement. The City would not have any rights to the minerals under the property which it currently has a lien against. It was not the City's intent at the time of the 1998 Agreement to obtain any such mineral rights. The City Attorney has reviewed the agreement and does not believe that the city has a strong case to request any of the mineral rights. Staff is recommending that the Subordination Agreement be executed. Recommendation: Approve Resolution No. 2008-010 allowing the City Manager to sign the Subordination Agreement. RESOLUTION NO. 2008-010 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. the City Council desires to authorize the City Manager to execute a Subordination Agreement for the 1998 City/Developer Agreement between the City and Billy and Ernestine Graham; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the City Manager of the City of North Richland Hills is authorized to execute Subordination of Deed of Trust to Oil and Gas Lease with Billy J. Graham and wife Ernestine Graham. PASSED AND APPROVED this the 11th day of February, 2008. 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 After recording, return to: DDJE"F Limited LLP c/o Ilarding Company 13465 Midway Road, Suite 400 Dallas, "1'X 75244 NOfiICE OF CONFIDENTIALITY R[GtiTS: IF YOU ARE A tVATURAL PERSON, YOU hIAY RE310VE OR STRIKE ANY 4F TItE FOLLOWING INFORMATION FROM THIS INSTRUM1IENT BEFORE IT IS FILED FOR RECORD IN TNF. PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SUBORDINATION OF DEED OF TRUST TO UIL AND GAS LEASE Lessor: Silly J. Graham and wife Ernestine Graham 7000 Hightower Drive North Richland E}ills, TX 76180 Origins! Lessee: Harding Company 13465 lvlidway Road, Suite 400 Dallas, TX 75244 Current Lessee: DDJET Iaimited LI.P 222 I3enmar Houston, TX 77060 Lienholder: City ofi~orth Richland 1-lilts PO Sox 820609 North Richland Hills, TX 76182-0609 Deed of Trust: Volume 13038, Page 355 (Instrument No. D198005845) Effective Date: Uctobcr 4.2005 THE S'1'A1'E OF"TEXAS COUN"I'y' U}~ ~CARRANT KNO~~i 1 ALI. MEN I3Y THESE PRESENTS: E~'HEIZEAS, City of North Richland Hills, "Leinholder" is the present owner and beneficiary of the liens, encumbrances and rights created by a Deed of Trust dated Januar~~ 5, 199$, executed by Billy J. Graham and ~w~ife Ernestine Graham (the "Surface and Mineral Owner"), and recorded in Volume I3g38, Page 355 (Instrument No. D1980058~5) of the ©fficial Records of "farrant County, 'T'exas, on real property described. in Exhibit "A," attached hereto and incorporated herein by this reference (the "Mortgaged Property"). Page 1 of 9 lease No.1'X003-TAR-0001-00 ,WHEREAS, on October ~, 2005 ("Effective Date") the Surface and Mineral Owner executed a Oil and Gas Lease (the "Lease") as the Lessor, and Harding Company, as the Original Lessee, which grants certain rights to all or a part of the Mortgaged Property. The Lease covers the lands (the "Lands") as described in Exhibit "B," attached hereto and incorporated herein by this reference. A Memorandum of the Oil and Gas Lease is recorded in Instrument No. D2Q5328455 of the Official Records of Tarrant County, Texas. Through mesne assignments, DDJET Limited LLP ("Current Lessee") is the current owner of the Lease. 1WIiEItF,AS, the Surface and Mineral Owner/Lessor desires to obtain from Lienholder a Subordination of the Deed of Trust. in the Mortgaged Property ("Subordination") to the Lease, so that the Lease shall have the same validity, priority, and effect as if executed, delivered, and recorded prior to the effective date of the Deed of Trust. NO~~', THCRCFORE, f`or adequate consideration and to encourage exploration and development of the Lands far ail and/or bas, Licnholder hereby subordinates the liens, encumbrances, and rights created by the Deed of Trust, to the Lease, and to the interests of the Lessee in the Lease, and its successors and assigns. Lienholder agrees that the Lease shall have the same validity, priority, and effect as if executed, delivered, and recorded prior to the effective date of the Deed ofd Trust; provided, however, nothing in this Subordination shall otherwise operate to alter in any way, change, or modify the terms and conditions of the Deed of Trust or in any ~vay release ar affect the validity or priority of Lienholder's liens on the Lands, except as provided above. Regardless of any provisions which may be contained in the Dccd of Trust, granting Lienholder and its successors and assigns an interest in or right to receive any bonus, rentals, royalties, or other payments which may be payable under the terms of the Lease, Lenholder expressly authorizes and directs that all bonus, rentals, royalties, and other payments provided tar in the Lease are to he paid to Iuessar and the parties entitled thereto, in accordance with the terms of the [..ease and any supplement therc;ta in the same manner as if the Lease wore executed and delivered prior to the above described Deed of 'I"rust. In the event of default under the Deed of "trust, this authorization and direction with respect to such payments, but not the Subardinatian, may he revoked by Lienholder by providing written notice of the revocation to the Lessor and the Current Lessee, ar its successors and assigns. This Subordination is signed by Lienholder, Lessor and Current Lessee as of the date of the ackllOw'IedgItlC't1tS below', but is deemed effective for all purposes as of the Effective Date stated above. 'this Subardinatian may be executed in multiple counterparts, each of which shall, far all purposes, be deemed an original but which together shall constitute one and the same instrument. This Subordination shall he bulduig upon each party who has executed a counterpart original hereof in accordance with the terms set forth above. The parties specifically agree that the execution and acknowledgment pages from the several counterparts may be aggregated into one counterpart for recordation and other purposes. Page ? of 9 Lease No. TX003-TAR-0001-00 LIENHOI:,U[:R: CITY OF NORTH RICHLAND HILLS B}: Na177e: Title: LESSOR: BILLY J. GI2A1-IAI~~'I AND WIFE, ERNESTINE GRAHAM Billy J. Graham Er-tcstine Graham CEfI2I2ir1~T LESSEC: DDJCT Lllvlt`CED LLP 13v• Name: Rob ShulV "I'itlc: Agent and A torncy-in-Fact for )Vletroplcx Barnett Sliale, LLG, General Partner Pagc 3 of 9 Lcasc No. TX003-7'AR-0001.00 Individual Acknowledgment S'I'A"1'I~ UI~ `T'EXAS ,~~' COUNTY C)F TARRANT § I3EFUIZE ME, an this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and ackna~vtedged to me that he/she executed the same for purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY 1-IANU AND SEAL OF UFFICE, this the day and year last above ~~~ritten. Notary Public in and far the State of Texas. Signature of Notary: SEAL: (Print None of Notary here) Niy Commission Expires: Individual Acknowledgment S'!'ATE OF TEXAS CUU'NTY OF TARRANT 5 I3L•FURE ML, an this day persanally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same far purposes and considerations therein expressed, and in the capacity therein stated. G[VEN UNDER 1~1Y HAND AND SEAL OF OFFICE, this the day and year last above ~~71 tt~ll. Notary Public in and for the State of Texas. Signawre of Notary: SERI..: (Print Namo of Notary Hcre) My Commission Expires: Pagc 4 of 9 Lease No. TX003-TAR-0001-00 Corporate Acknowledgment STATE OF TEXAS CUUNI'Y OF § The foregoing instrument was acknrnviedged before me, ott this day of X007, by of (Name ofoflicery {Trde o(utrrxr) a corporation, ~Narrre n(ear~aration;! (state ci(in~<artx~raricm) on behalf of said corporation. GIVEN U\DER MY HAND AND SEAL OF OFFICIO, this the day and year last above written. Notary Public in and far the Siatc of Texas. Signature of Notary: ._ _ SEAL: STATI: OF TEXAS § ti COUN"I`Y OF § (Print Name of Notary Here) My Commission Expires: This instrument vas acknowledged before me on this day of October, 2007 by Rob Shult-r., as Abent and Attorney-in-Fact for Metroplex Barnett Shale, LLC, General Partner of DDJET Limited L.L.1', a Texas limited liability limited partnership, on behalf of said limited liability limited partnership. GIVEN L,~NDEIZ MY HAND AND SEAL OF OFFICE, this the day and year last above ~VClttttl. Notary Public in and for the State of 7`exas. Signature of Notary: (Prior Namc of i~torary Here? SL'AL: My Commission Expires: Page ~ of 9 Lease Na. TX003-TAR-0001-00 EXHII3IT "A" Legal Description of Decd of Trust "Mortgaged Property" PART A: 8E2NG a tract of land out of the WILLIAM }SANN SURVEX, ABSTRACT Na. 1.010, TARR]1NT County. Texas, being a portion of a 37.ODI acre tract of land described in a deed to Billy J. Graham and wife Ernestine Graham by deed recorded in volume 4209, Paga 116, Deed Records, TA.RRAt~T CountY~ Texas and portion of a 47.254 acre tract of land described in a deed to BB illy 3. Graham and wife, Ernestine Graham by deed recorded in Volucoa 7827. Qags 292, Deed Records, TRRRANT County, Texas, and all o! a tract of land described in a deed to Anita Hail and Michael Franklin F3a11 recorded in particularly described byemeties and~bouAnd NasCtolltaws~exag` being more BEGINNING at a point in Fiightowez Drive !or the Northwest corner of the said 37.001 acre Graham tract, being by deed call in the South Tina Of the J. Gondra Survey, Abstract Ho. 311 and in the North lines of the said thelNorthwestscorner ofdeaidtHann Survey 45 minutes East, 1167.0 feet from THENCE South 89 degrees 95 minute® Eaat, 512.0 feet along Kightower Drive to a point far the Northwest corrar of a 3.0 acre tract of land described Volumeea20R~ Pagey114,GDeod RecordsfeTErARRANTiGauntyh Texasdeed recorded in THENCE South, at 30.0 feet passing a 1/2 inch rebar rod get in the approximate South line of Hightower Driver at 628.56 feet passin the 5outhnchtrebarerodfseteforicOrRe=~ 3.0 acre tract, in all 694.30 feet to a 1/2 i THENC€ East 208.0 feet to a 1/2 inch rebar rod set for corner; THENCE North, at 65.74 feet passing the gqSoutheast corner of the said 3.0 acre Grahan tracthtower6Drivef9in alisb93.781feetnto aspointoforecornerha South lane of Hig THENCE south 89 degrees 58 mir,Ltes 42 seconds.East, at 175.42 feet passing the Northwest corner of said Hall Tract, at 384.13 fast passing the Northeast corner of said Hell Tract and th4 Northwest corner of a tract of land described ir. a deed to Bi11y J. Graham and wife, Ernestine Graham recorded in Volume 7392~.Pags 101, Deed Records, TARRANT Countyy, TQXas, in a21 597.21 feet to a oint in Hightower Drive for the Northeast canner of the 1.63 acre Graha:r- ~ract and ttieyyNorthwest corner of a tryYact of land Volumeb5359,~ Pagee554oancl Volume15923,~dFagea~2larDeed Recorder®ToAARANTin County, Texas; THENCE South 40 degrees 03 minutes 20 seconds Wett, at 30.0 flat pseeing a 1/2 incha 1/2 inch rebarnrodefouadhfornthefSou~hwestrcarner~ofnthelsaid.88 feet to Bailey tract; gg SauthEliretof8thee8ailey5trac utosall/2einchsrebar~rod6lound forait~g the Southeast corner; THENCE N. O1 degrees 41 minutes 49 seconds Eaat, at 345.82 feet passing a foetitoharpointrforstha1Northeasttcorner of thehBaileyptzactjin all 375.82 THENCE North 89 degrees 54 minutes 15 seconds East, 19.91 feet to a point for the Northwest corner of a tract of land conveyed to Walt+~r Charles Williamson and Debra Dense Williamson by deed recorded in Volume 10378, Page 1415, Deed Records, TARRANT County, Texas; 1/2Ninchoreba01rodgfound4inmthet5outh leneoinof Hightower3Driveeeinpalling a Page G of 9 Lease No. 'CX003-TAR-0001-00 EXHIBIT A (page Zj 375.60 feet to a fence poet for the. Southwest~~rorner of the said Hailey tract; inchCreNhartrod9found8for5the1Sautheastecorner ofgt~ie15s'laid gaileyotract2 THEtJCE North 02 deggreees 36 minutes 58 seconds East, at 345.25 feet pas$ing rod fourtid,lineall 375h25wfeetrtoea poinr5.4for thetNorthea~tacoxnernof tubsar Bailey tract; THENCE North 89 degrees 54 minutes 15 seconds East, 49.79 feet to a pDint for the Northwest Cordeed°recordeatinfVolumec477?yePage a99a pQedlRecoXds, wife, Amnia Bland, by TARRAHT County, Texas; THENCE South 02 degrees 36 minutes 58 seconds West, at 20.2? feet assinq a 112 inch rebar rod found at 30.0 feet ppassingq the appraxi~aate Sou~h line SouthwestwcoznerVof the said7Blanditracto a Sl2 inch pips found for the THENCE South 89 degrees 50 minutes 19 ssconda East, at 311.5 feet ppassing the Southeavt edrtorA~fHubertlHawkinscbyadesdhrecorded in Volume 8903,tpage of land con ey Fii 566, Deed Records, TARRANT Count , Texas, in all 544.64 feet to a 1 4 nc rebar rod found for the Southeas~ corner of the Hawkins tract being in the accvrdinge to thegPlaterecordeddin1Volumet388C13y Pageo50h P1atlRecords~5~ TARRANT County, Texas; THENCE South 00 degrees 05 minutes 46 seconds East, 1568.77 feet along the East line cf Morgan Meadows Addition to a 1/2 inch rebar rod found for the Northeast corner of a tract of land conveyed to Jerr R. Winters and wife, Shirley G. Winters by deed reccraed in Volume 6550, Page 882, Deed Records, TARIiRri'T County, Texas; THENCE South 89 degrees 18 minutes 10 seconds West, 169.76 feet to a 1/2 inch rebar red found f'or the Northwest corner of the Winters tract; THENCE 5auth 00 degrees 04 minutes 58 seconds East, 519.'91 feet along the West line of the winters tract to a 1/2 inch rebar rod found fox the, Northeast corner of a tract of land conveyed to T. Jeff Graham. and wife, Vickie D. Graham, by deed recorded in Valum+a-7825, Page 574, Dsad Records, Tp,RRANT County, Texas; THENCE South 89 degrees 15 minutes 54 seconds West,~300.0 feet to a 1/2 inch rebar rod set for the Northwest corner of the T. Jeff Graham tract; THENC£ South 00 degrees 15 minutes East, 168.03 feet alor-g the West line of the T. Jeff Graham tract to a I/2 inch rebar rod set in tghe North line of Chayygman Drive far the Northeastyy corner of a tract of land conveyed to the D®e3 Recordsh T~gA,yTdCounty,bTexasd recorded in Volume 8140, Page 1710, THENCE South 89 de roes G7 minutes West, 449.17 feet the Dlorth line Of Chapman Drive and ~he North line of the North Richland Hillc tract to an ,~X" cut in canerete faund for the Northwest corner of khe North Richland Hilla tract and the Southeast corner of LOt 1, Block 1, Richfield Subdivision, an Addition to the City of North Richland Hills TRRRANT Countyy, Texas, according to thTexas rQCOrded in Volume 386-~69, Page 18, Flat Records, TARRANT County, THENCE North 00 degrees 09 minutes 54 sQCOnds West, 1302.44 feet along the settfornthefNortheastocorner ofcLotelB,SBlock~ljon to a 1/2 inch rebar rod THENC£ Wect (base bearing by deed in Volume 4204, Pagt llb, Deed Records, 1'a~e 7 of 9 Leasc I~To. TX003-TAR-0001-00 EXHIBIT A (page 3} Tl,RRRNT County, Texas), 1306.59 fQQt to a 1/2 inch rsbar rod eet for tho Northwest carnet of Lot 27, Block 6, Richfyyield Subdivision, being the Southeast corner of adtrdai~ yolumed7861VePaget915Deed Recordg~1TAR~tANTTed Pittman by deed recar a •• County, Texasi TfiENCE North 40 degrees 08 minutes West, at 1320..21 feet~jZpassinfggf,~ a 1/2 inch rebar rvd e8tofthe pOINTrpFegEGINNZNGrand CONTAINING $2.24 acres~ofniand, 1345.0 feet t more or less. SAVE AND EXCEPT therefrom the following described tract, to-wit« BEING all that c4rtain tract lot, or parcel of land situated, lying and being in the County of TARI~T, State of Texae, and described as follows: 101©~ 2ARRANT2~ounty,tTexas~fandnma~etparticularlyidescribadua~follow~~CT BEGINNING at an iron pin in the South lino of the J. Condra Syurva~by, Abstract 3111 and in Ehe NoSouth189 degrees~451minutats,~ EastgZ157.79r.feet 1010. Said iron pin being the Northwest corner of the William Mann Survey and the southwest corner of the J. Condra Survey in TARR.ANT County, Texas; TFiENGE South 00 degrees, 12 minutes East 32.34 feet to an iron pin; THENCE South 00 degrQea, 12 minutes East 385.15 feet to an iron pin; THENCE North 89 degrees, 45 minutes West 208.71 fast to an izOn pin; THENCE North 00 degrees, 12 minutes West 385.12 feet to an iron pin; THENCE North 00 degrees, 12 minutes West 32.3 feet to an iron pin; THENCE South 89 degrees, 45 minutes East 208.71 feet aloeq the center of County Road X3051 to the POINT OF BEGINNING, and CONTAINING 2.040 acres of land. FURZH~•R SAVE AND EKC~FyT theref ran all laryd conveyed to the t~ity of North Richland Hills, texas. Page 8 of 9 Lease No. TX003-TAR-0001-00 EXHIIifT `B" Legal Description of Lease The "Lands" Being an 83.583 acre trod of land, more or less, situated in the William Mann Survey, Abstract 1010, Tarrant County, Texas, comprised from the follou~ing tracts: Tract 1: Being all that certain tot, tract and parcel of land Situated in Tarrant County, Texas, and being a part of the William Mann Survey (Abstract 1010}, containing, 3.0 acres, mare or less, being snare particularly described in that Warranty lleed recorded in the Deed Records in Volume 4244, Pagt 114 in the Tarrant County Clerk's Uffice. Alsa, currently known as Tarrant Appraisal District Tract 3. Tract 2: Being all that certain tot, tract and parcel of land situated in Tarrant County, Texas, and being a part of the William. iviarui Survey {Abstract 1010), cantaining 37.001 acres, mare or [ess, being morn particularly described in that Warranty Decd recarded in the Decd Records in Volume 4204, Page l 16 of the Tarrant County Clerk's Uff-ce, LESS AND ~XCfsPT acreage dedicated to the City of North Richland Hills by Agreement dated U5/1998 and more particularly described in the Deed Records in Volume 13038, Page 3SG in the Tarrant County C;ierk's OElice, leaving a remainder of 32.995 acres, more or less. Also, currently knawn as Tarrant Appraisal District Tract 3A3. Tract 3: Being all that certain lot, tract and parcel of land situated in T'anrant County, Texas, and being a part of the William .Mann Stuvey (Abstract 10101, containing 1.6d acres, morn or less, being more pariicularty described in that Warranty L3etd recorded in the Deed Records in Volume 7392, Page 101 of the Tarrant County Clerk's Office, Alsa, currtntly known as Tarrant Appraisal District Tract 3A3A. Tract 4: Being all that certain tracts and parcels of land situated ir. Tarrant County, Texas, and all being a part of the William [~4artn Survey (Abstract 1010) containing 45.878 acres, more or less, being more particularly dcscxibed in that Warranly Decd recorded in the Dced Records in Volume 7627, Page 292 of the Tarrant County Clerk's Office, LESS ANt) EXCFP'1' acreage dedicated to the City of North Richland Hills by Agreement dated 1t5J1998 and mare particularly described in the Deed Records in Volume [3038, Page 356 in the Tarrant Caunty Clerk's Office, leaving a remainder of 45.95 acres, mare or less. Also, currently known as Tarrant Appraisal District Tracts: Tract 3; Tract 3B; 3C 3D; and 4Ai. Tract 5: Hcing all that certain tract of land situated in Tarrant County, Texas, and being a part of the William Mann Surety (Abstract 1010), containing 2.0 acres, more or less, being more particularly described. in that Special Warranty Deed. recorded in the Deed Records in Volume 14557, Pabe 223 of the Tarrant County Clerk's Office. Also, currently known as Tarrant Appraisal District Tract 3A3B. Page 9 of 9 Lease No. TX003-TAR-0001-00 CITY OF CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 2-11-2008 Agenda No. F.1 Subject: GN 2008-011 Calling May 10, 2008 City Council Election and Authorizing a Joint Election Agreement with Other Tarrant County Political Subdivisions and Contract for Election Services with Tarrant County -Resolution No. 2008-088 The attached resolution calls for the City's General Election of Officials to be held on May 10, 2008 for the election of a Mayor and Council Places 2, 4, and 6 for two-year terms of office. In accordance with State law, filing began on February 9 and will continue through March 10, 2008. The resolution establishes the voting locations, provides for early voting and Election Day procedures and provides for the appointment of election officials. Tarrant County is requesting that those entities holding a May election and desiring to use the County's electronic voting system enter into a joint election agreement with each other and contract with the County for election services. Tarrant County has submitted a draft contract to those entities holding their elections in May and will be finalizing the provisions of the contract in the next several weeks. The attached resolution will authorize the City Secretary to execute the contract with Tarrant County once finalized. The contract as currently written contains the following provisions: • Tarrant County Elections Administrator will serve as the administrator of the Joint Election with each participating entity remaining responsible for decisions and actions as required by law. • Tarrant County will be responsible for the appointment of the presiding and alternate judges for each polling location. • Early voting will be conducted jointly with all participating entities beginning on April 28, 2008 and ending on May 6, 2008 at the locations and times established by the County. North Richland Hills voters may vote early at the North Richland Hills Recreation Center or at any of the other joint early voting locations. (Attached is a draft of the tentative schedule and times). • Early voting by personal appearance will be conducted exclusively on the County's eSlate Electronic Voting System. On Election Day, voters will have a choice between the eSlate electronic voting system or a paper ballot that is scanned using Tarrant County's EScan voting system. • Ballots that contain ballot content for more than one joint participant because of overlapping territory will be arranged in the following order: Tarrant County College District, Tarrant Regional Water District, School District, City and other political subdivisions. • On Election Day, North Richland Hills voters will vote at their designated polling location -City Hall, Dan Echols Senior Center or Bursey Road Senior Center. • The Tarrant County Elections Administrator will release unofficial cumulative totals and precinct returns of the election as precincts report to the central and remote tabulating stations and are tabulated. The unofficial cumulative totals and precinct returns will be released to the joint participants, candidates, press and general public by distribution of hard copies at the central counting station (2700 Premier Street) and by posting to the County web site. On Election night, the County will not allow the release of the results printed on the tapes produced by the voting equipment to any participating entity at any of the remote collection sites or by phone from the individual polling locations. Each participating entity will receive their election results from either the County's central counting station or County website. • Election expenses will be allocated among the participating entities and costs for polling locations will be pro-rated equally among the participants using the polling location. • The Elections Administrator will be the general custodian of the voted ballots and all records of the Joint Election. Resolution No. 2008-088 also sets Wednesday, May 21, 2008 as the day for the ballots to be canvassed by the City Council. Should there become a possibility of a run-off election, an item will be brought to the Council later to set the date for the run-off and designate the early voting days and times. At this time, June 14th is being considered as the date for a possible run-off. The terms of the contract with Tarrant County may be extended to the run-off election. Recommendation: Approve Resolution No. 2008-088. N FZH RESOLUTION NO. 2008-088 WHEREAS, the regular election for the City of North Richland Hills, as set forth by the Texas Election Code, is required to be held on May 10, 2008, at which time the voters will elect a Mayor and City Council Places 2, 4 and 6; and WHEREAS, in accordance with Section 271.002 of the Texas Election Code, the City election will be conducted jointly with Birdville Independent School District and other political subdivisions of the State of Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT an election is hereby called to elect a Mayor and City Council Places 2, 4 and 6 to serve until May of 2010, or until their successors are duly elected and qualified. Such election shall take place on the 10th day of May, 2008, from 7:00 a.m. until 7:00 p.m. Section 2: Qualified persons may file as candidates by filing with the City Secretary between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, beginning February 9, 2008, and ending March 10, 2008. Each application for a place on the ballot shall be accompanied by either a filing fee of One Hundred Fifty ($150.00) Dollars payable to the City, or, in lieu of the filing fee, a Petition seeking the candidate's name to be placed on the ballot. Such Petition must be signed by at least one hundred fifty (150) qualified voters of the City. Forms for the Petition shall be furnished to potential candidates by the City Secretary. Section 3: The location of polling places for this joint election are designated pursuant to Section 271.003 of the Texas Election Code, and the Council finds that the following locations can most adequately and conveniently serve the voters in this election, and that these locations will facilitate the orderly conduct of the election: PRECINCT Precinct One (includes County voting precincts 3214, 3324, 3333, 3041, 3364, 3366 & 3416) Precinct Two (includes County voting precincts 3032, 3140, 3215, 3289, 3325, 3326, 3399, 3424, 3631, 3633, 3634, 4620 & 4629) VOTING LOCATION City Hall, 7301 Northeast Loop 820 Dan Echols Senior Adult Center 6801 Glenview Drive Precinct Three (includes County voting precincts Bursey Road Senior Adult Center 3063, 3049, 3177, 3209, 3365, 3367, 3387, 7301 Bursey Road 3507, 3527, 3543, 3580 & 3584) Section 4: All election officials, including the Early Voting Clerk shall be the officials appointed to such positions by Tarrant County and to the extent required by law, are hereby so appointed. Section 5: Early voting will be held jointly with other Tarrant County public entities beginning on April 28, 2008 and will continue through May 6, 2008 at the times and places at the locations and times set forth on Exhibit A hereto and as may be supplemented by Tarrant County. Section 6: All resident qualified electors of the City shall be permitted to vote at said election and, on the day of the election, such electors shall vote at the polling place designated for the Election Precinct in which they reside. Section 7: The election shall be conducted pursuant to the election laws of the State of Texas. Ballots shall be canvassed by the City Council on May 21, 2007 at such time as a meeting shall be posted. Section 8: The Tarrant County Election Administrator is hereby appointed to serve as the Early Voting Clerk and the Election Administrator's permanent county employees are appointed as deputy early voting clerks. Section 9: This resolution shall be construed with any action of the Tarrant County Commissioners court providing for the conduct of a joint election with other public entities as herein contemplated. Section 10: The city secretary is authorized to execute a contract with Tarrant County whereby Tarrant County will provide all material, supplies and personnel to hold the election contemplated hereby, including any runoff election which may be required. This resolution shall be construed with any action of the governing bodies of other Tarrant County political subdivisions providing for the conduct of a joint election as herein contemplated. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 11th day of February, 2008. 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 TENTATIVE EARLY VOTING SCHEDULE ~ ~ INCOMPLETE LIST i - EARLY VOTING FOR MAY 10, 2008 ELECTIONS {i'7)T,-tClO~~':tI)F.L.1.1'7:~1T)11 F,~1f~~t L.1.S FLFCCk~:'~'F..SF_?F,1. 1017F::~~it)'C)f=)F.1,?~~) EARLY VOTING BY PERSONAL APPEARANCE DAYS AND HOURS jU1.=1S }` HUIL=ISI)1;' 1~`UL'4C'IL),V 7Y.;~I!'k~t?tit_11'OIt.=1N~11tIC'IL)?~'1'1~72~~'t)~;~Ll April r:=#brit) 2~ - 3O Monde' - Wcdncsd~~r (LtJ>7cs-11~hercvle~s} ~:OU a.m. - S:~)U p.in, Ma~~ ~:~hr)~o) 1 - 2 'Thur~d[iti~ - Fridati• (Jtl~tirc~3 - i'i~rt~es) R:00 a.m. - ~:Ot) p.m. Ma~~ (~lfay~~o) ; Saturda~~ (Sc7hc~r.~o> 7:OU ~r.m. - 7:f)0 p.in. Mai' r:~<tc,~•©) ~ Stuid~ty (i~o»rtr~go) I I :OO a.ii~. - =I:UO }~.in. Mays ~a-la}~oJ 5 - Ca M~mda~• - '1'uosd~~~' (L9rrtcas - alartesJ 7:OO t~,m. - 7:Of~ p.m. SEE LIST OF LOCATION~ON BACK (VER LA LISTA DE CASETRS AL REVERSO) T~:ARI.Y VC)TINCT RY MAIL, ~7 OTit C,1(5:'~` TF'_'1-/FR-1 Nt) PC)R C[)RRFI)) Tt) RF,CF.IVF A RAI,I,C)"I~ API'I,ICATI()N C)R FOR MC)RF. INI;C)RMA~I"I()N CAI,I, Th~RI2ANT G(~LINTY l ~,L11CTI(~NS ADMINISTRATION: S 17-8 ~ I -8GR3 (/'.'312.~t IlJ:'CI13Jtd.-1 IIrW.=1 ,aPf.IC4('/d~"l'.~11Z~1 t3f)t.l:"l:~ U J',-t/Z~? ~~°f~t,S L'~'hC1t?~hL~1C!(3a I,1..~J:1~~.~IR .4L .~D~411.~\%IST'R-1D~R DE ELE'CCIU~'~'~S DE C"'~t~~'L'i.~tD[J L7~' T.~RR-L'~rT,• ~~'f ;~-,'+'3l -~34~3 j Applications for a ballot by mail may be submitted between March 11, and May 2, 2008 with one of the following requirements. {Aprcaciones pare una borate por ccxreo pueden ser somericias entre et ~ r de Mario de1200t3, y 2 de Mayro de12008, con uno de los siguientes requisitos :) 1. Age of voter is 65 or over on Election Day. (Edad del votanfe es 65 o mss el ©ia de Election.) 2. Voter is disabled. (Votante esta incapacitado.) For #1 or #2, the ballot must be mailed to the voter registration residence address/mailing address ar to a hospital, nursing home/long-term. care facility, retirement center or address of a relative. The relationship of the relative must be indicated. (Para #~ o #2 la borate debe ser enviada a /a direction residenciaUdireccion de cared de registro de votante o a un hospRal, clinics pare convalecientes o ancianos~facilidad de cuidado de fermino largo, Centro de jubitacrdn o direction de un pariente. Debe indicar el parentesco de! pariente,} 3. Voter is confined in jail -ballot must be mailed to the jail or address of a relative. votanfe esta encarcefado - boJeta debe ser enviada ~ la cartel o a la direction de un parienfe.) 4. Voter expects to be out of the. county on Election Day and during the regular hours for conducting early voting -ballot must be mailed to an address outside the county. (Vofanfe espera ester efuera del condado el Dia de Eleccio» y durante /as horas regulares de tonducir Notation temprano - bolefa debe ser enviada a una direction afuera deJcondado.) Applications must be received at the following address NO LATER THAN FRIDAY, MAY 2, 2008. (Aplicaciorres deben ser•recibidas pQr cared a la dN•eccion siauiente NQ MAS TARDAR DEL VJFRNES, 2 DE MAYO DEL 2008,) STEVE RABORN, EARLY VOTING CLERK PO BOX 961011 FORT WORTH TX 76161-0011 FOR VOTERS 4VITH ONSET OF AN ILLNESS ON OR AFTER MAY 1 , 2008, EMERGENCY BALLOT APPLICATIONS MUST BE RETURNED NO LATER THAN 5 PM, ELECTION DAY, AT THE ELECTIONS CENTER, 2700 PREMIER ST., FORT WORTH, TX 76111 (SEC. 102.001, TEX,QS ELECTION COOE.J tP~;:~ ~'~-rar;-~s ~:or; F'R.°;r; t, ~:. tar ~ '.x F"£.i"~ i,.MR''4t1 Ft4 . ,'F~"nr : ~' t7~, 9 „F Y~ rr ~ ;;F: 2008. ~~. i ::Ai,!i,'PF^ f'4R.4 AC', r7,t,~iF, JFir[?Ffv,.:,,, , v.,;F F~.. Rt-' ~itt..,.,.,.414~.: h ~t.. ~~.:; Rii f~F f ~'rSPM, r=1 oi.4 Gt- E, c c~o.'~ ~ + ~i C:'rr ~ ~o DC Etc ^ 2700 PuCnt-C~~ St., F ;r:`* I+4t>h'rr, TX 76111 {Sc~~. 102.009, C ~ :,~ ' ~ E _ o^r ~ ~ Tr ra, :. TENTATIVE EARLY VOTING LOCATIONS ~ ~ tNCOiiAPLETE LIST - - L;~~1tL1' 1`U'1•li~iG hUR i1tF~l` I0, 20~81?LL;C'1'lU1\S (I~(I`I:~CIUr\~ '1'1i~1~11'Is!,=1:VC~• l t)1?!t A~I~11't`I L>I.'l. ?004 I:Lh('"("ICJ.'Vli tij 1. \[tU~'H:lltl,l'~'O'1'IM:SCI'f•: '1':ir~ant Counh° Eaections C:rntrr 27tiCr Premier Strcct I~art 1h`arth, 'T'exas 76l 11 * F:mer;~arac}~ Gullots ur=ailuhle ut This Incatio-r r~nl}' ~. ArlinKton Cit~• Flall lt)1 1~'est r\hram Strut \rlin~u~n, ~1•C~95 7GtilU i. Azle Yuhlic 'Lihrary GU9 Southeast 1'arl:n~av .~zle_ Texas 7G02t) ~. I3cnbrook I'\1CA 1 X99 l~'ins<;att Road 13enbraol:, 'Cexas 7G 1 ?G ~. 13ob llwican Center 2500 South Ccntcr Street .~\rlinr'ton, Tears 7fitrf4 1_. Graprvinc t:ornm. Activitirs Center 1175 Z~tunicipal Gt'ay C3 rahev ine., 'Texas 7tit» 1 1:3. GritTin Suh-Courthouse 321214li1tar ~lvcnuc Fart t1~ ortll, Texas 7h 1 19 1.3. f ialtam Cih• ltccrcation Ccntcr 4i;3~ Broadway Avenue Haltom (~"it~~•, Texas 76l 17 I ~. H:u~dlcv-'\Irwdo~~'brcrok C:onununity Ccntcr G2i=t 1 Beati~ Strcct Fort ~\~`artll, Texas 76112 lti. Hursi Rrcrcution C:rntrr 7C~0 74Iar~° Drive l~lurst. Texas 7hti53 ?2. i'\orthwcstShcriff't'atrol 13uildin~ 6651 T.akc t~i~'orih Filed •ake tl'oRh, I exas 7til.i~ ?~, Sonny' Sc Allcgr•a :Sancc Elementar•~• 7t"~1 Tierra Vista «'a~• I~or1 tk'arth,'I'exas 7ti131 2~. Southlakr Stth-Courthouse 1-1[t(-Ivfsrin Street Sauthlai:e, `T'exas 7GC)r~_ ~~. South Ser•~~ice Center 11 i tU Star Grccn C)aks Bh~d. arlinatcm, Texas 7fit ~ l 7 2Ci. Soulhsidr Communit~• Ccntcr ~~9 Bast Rosedale Street Port \t'arth. Texas 76104 ti_ (:omu F:Irmcniary School 4~uJ~- Horne Street Fort ~?4'arth, Texas 76107 7. Crowle~• Conununity Center ;QUO Gast Glendale Street CYowlc-y, Texas 76CJ3ti 8. Diamond lIilV.Jar~•is Libr~t•y 13t)0 Narth~ast _i~th Street Dart 1'4rotih, 'Texas 761 UG ~. 1?uless 1'uhlic Libr:~r}• ~01 North EctorDrive Tiules, 'fcxa 7tit139 ltt. Elzic Odom Rcrrcution Ccntcr 1601 Nls Green Uals 131vd t~rlinetan, Texas 7t04n 11. Tire Training Center i~01 Ron 1V~Ic.4ndre~a Drive ~~rlinetan. Texas 7GU1 17. iicllcr Town Hap 1 I t 11) Bear Creek Parkwa; Keller, "Cexas 7b_~#H 1 b. Alahane~• Conunw~ih Center 6R0t~ Forest Hill 1=niv~ Forest Tull, 'Texas 7G 1 ~Elt 19. lllansl'ield Sub-Cow•thousc 1100 East Bread Strcct i~~l~nst'ield, Texas 7C,iu~3 _'t"~. I\orthcast Sub-C.ourihousc Ga3 Gralaevine llighwati Hunt. Texas 76i r;.t L \orKh Kichland Hills Rrcrrutian Centrr G72U tiartheasC iraap 8?0 North P..ichland Hills, "I :t 76180 '7 Soutl»~•rst Sub-Courthouse ti~31 Ciranburv I:aad Part ~\'orth, 7~e,~as 76133 ~. Starrett laenrentar~• School 2G7~ Fairmont Drive Grand Prairie. `Texas 7~U> ?9. `Carrant Counh Plaza Building 2C-I Burnett Strcct Pcxrt ~l'arth, Texas 761st` 3t). ~1'hite 5etilcn~cnt Recreation Center X213 1~'hitc Settlement Rd t~'hite Settlement, '['exas 761 itP~ 31. North iicights C:ommunih Center ?31 Nc~v 1'ark;lecnuc Part l4'<~rth, Texas 761 1 D CITY OF NORTH RICHLAND HILLS Department: Information Services Presented by: KSpooner/LKoonce Council Meeting Date: 2-11-2008 Agenda No. F.2 Subject: PU 2008-006 Authorize the Purchase and Installation of Replacement Mobile Data Computers for Fire Apparatus From Portable Computer Systems, Inc. in the Amount of $142,608. In the 2007/2008 capital budget, Council approved $164,850 for the purchase and installation of 21 Mobile Data Computers (MDC) for the Fire Department in their apparatus to communicate with the Tiburon computer aided dispatch and records management system. MDCs also allow dispatch to communicate with public safety units, relaying incident and other relevant information. They are the primary communication link for the fire unit. The MDCs integrate with our communication system to record departure and arrival times, unit status and location information. The purchase of this equipment will fulfill the City's plan to replace all public safety MDCs in the Police and Fire Departments. Currently, the Fire Department apparatuses utilize 12 year old equipment. The units have become increasingly unreliable and not repairable. The City solicited and received bids from 3 vendors that participate in and are approved by the State of Texas Department of Information Resource (DIR) cooperative purchasing program. By participating in the DIR cooperative purchasing program the City is meeting all State competitive bidding requirements for this purchase. Participation in this program has proven to be cost effective to the City. The vendors were requested to bid the hardware and installation costs of the MDCs in the Fire Department vehicles. System 3x/4xx is not certified to install the equipment and was unable to provide a cost for installation. The bids are as follows: MDC Units Installation Total Cost Portable Computer Systems $113,257.00 29,351.00 142,608.00 CDW-G $122,123.00 23,806.00 145,929.00 System 3x/4xx $119,691.85 Unavailable Recommendation: Award bid for the Purchase and Installation of Replacement Mobile Data Computers for Fire Apparatus to Portable Computer Systems, Inc. in the Amount of $142,608. ~"~- portnbie systems Corporate Headquarters 12851 Wesi 43rd Drtva Unit #2 Golden, CO 80403 Remit payments to: Portable Computer systems, inc. PO Box 17127 Denver, CO 80217 C~uote 00124 Quotation Print Date 01f23/08 Quota Valid Date 02!22108 Paces are valid until the da,e shcntin above Inside Sales Rep Amy Nate amyh@portablecompulersystems. Cvm Phone-. 8t381219~8699 Fax° 940~6S3-d31+t Salesperson Sou! Delgado Phone' ~ 131995.9fs85 Customer Requested t3y F 0.8 Terms NOR 100 ~ Mike Steadham Ortginatton Net 30 Days j ttem Number Desorption 1 Comments r.~uanuty Unrt Pnee Extended Pace ~ CF-30FCDCZja~t "^d-sTA Downgrade to XP ""Intel Gore 2 Duo €.500 t.bG;.V (Centrmoj,13.3' Touch Xt;A, t GH, 21.000 4371 t~ '11 rat 40 80G6,1ntel 802.11a*b+g.~1!rn XP SP2, TPML2, Btuetooth, Oual Pass through~Upper GPSI Lower ~ I WL~.N) .Emissive Backlit keyboard ,GPS. Pte Gpttcat ~;F-4ti+Pr1B~~sOiG-A~ t G!G P,1E'NOzRY UPGRADE • Third Parry 21.000 ~5.t~0 11~~ G0 CF-':rDR301U CG~PABC DRt'~~`E A9P~ PGC~ET'.;F-30 5 C00 245.00 t225.G0 t1F?JPF03U 13 3' PROTECTIVc AIL°r) iNGLE UbUT 21.000 69.00 144°-00 CF-SL'CLTPdFS'y PAt~JASG'PdIC TnUG'tiEi3(3KPRGTE~~:?IC''J PLUS t5 vEAR51 21444 830.00 ti430.04 ---- ---------- f-}pfianai Pricing - 0.000 a ~3 G0 t~.00 ~, SPECIA~_OPOER part ~ 359919 p~gtait for pc~750 alt t:ard c3.00[? 9.130 2177 Ott --___._...._ Panason,e TX Comract ;i ~tR-SDD-531 0.000 0.04 1 0.00 Notes Terms Payment tams snail t:e as stated on this quote.. %+ service Charge of 1-:.~,~~, per mon[h rh~il be charged on alt past dud batance~ nNi co-5u o! cotlect}ons, including reasonaote anomey's fees shat) be pad by the customer. Returned merchandue will not be accepted wdhaut authociLabtxt and will tae wtrjdd to a 20-0b re5tockirtg fee Returns rrn,rst be made within 3D days o! anvoice date. ~ustom•matle egwR~nt may oat be returned (ot any credi! lydarranues ACS sells the products as set forth #n this invoice wlthart any express ar implied warranises In the event of any product detect of noncontarmrty, the c3uye~s remedies shau be the rrarranUes provided b"r the tAanuiacturer. Buyer 5tlatl not be entitled to any inr~dentat, vunsequenuat a SRecrat damages at any kind SUbto'tal 113251 -00 C usto rner: North Richland Hills Fire Dept7301 N.E. loop 820Attn: Mike SteadhamNorth Richland Nitts, 'CX 76180 J Finished 5ubt3tal does not mcrude ta.ies. shipping or other ~ncrdental cnarge5 unless othervrtse indecatea Page ~~'~(t.'nl ~~~'~~~~ ~Varehriusc:: (~trcatc It~~~uu arcs htivin~! trc~ublc viewing this ducrtc. t~cru cKtn trf::Ri ti~ie~~~ it hero: httl,:~'it„~~w.s~steni:~~.cc~m~''f)i~cS tfRrotc.asl~''iel=lt()thiie~R)I,rv~"~~313 V~~~ ~~i ~ C-' l F T~rr ~Lr•ll~ n+1~"S7~r~ ~ ~~~~~~~~~~ '.Y.~:>f~~:;:=~r»~: p-c~vccsfiScrvrrs yo„rnccaunR SOfir[~fi Find A Rrodurt Type ~ hranrr Warn er i c~rCalgq t support t demos °,~ System 3x/4xx Warehouse 1400 10th Street ,~:,r,~ r~t.•t. tir~~~~t~, :~ ~ . i< u~ .....r~r~ ~~ ;t ~ r;~=t Plano TX 75074 , ,~.,~~, ~, ,t~~t~.,~ _ .,~.t,~;~r ; ~ ~ ~. ~ . ~~~. Phone:888-397-9?83, 214-547-4109 Fax: 888-397-0056, 972-516-1110 Thursday, January 03, 2008 Customer #: 34532 TO: Mike Steaciharrr City of North Richland Hills 6720 NE Loop 820 Nort1r Richland Hills, TX, 76180 Quote#:5424310 Please Contact^Yvur l~cevunt fv1anciger with ar~y __ ~uestians _____ Casey Cockrilf, 888-397-9783 ext 1450 or ccockrill@System3X.com Easily add this quote to your shopping cart by clicking ~ + t .` artd following the simple directions. RemerrifJer, ttris will convert this quote to an orr-line order, lout does not place the order until you click the sui~nrit Mutton on the confirmation page. You can easily place this order on-lin;~ 24 hours a clay, 7 days a week. Qty Item No. Description Price Ext, Price 21 CF-30 with Intel Core Duv X7500 1.6C~LV. 13/3"' iouc $4,629.5097,219.50 21 Panasonic bVh9BA601CIS 1h1t3 mer7rory pre-installed $124.90 .~2,G2.2.90 21 Panasonic CF-VPF03U touch screen cover filar $63.33 $1,329.93 21 Panasonic CF-SVCL~NF5Y Protection Plus Insurance ( $832.3717,479.77 5 Pansonic CF-VDR301U Cornho drives $207.95 ~1,U39.75 ~'tt~c: 1 r-1 1 Thank you for the opportunity to quvte this equipment. Please feel free to contact me with any questions regarding this quote. Quote is valid for 30 days unless otherwise noted. nfl it,!rn$ 7~~ ~~r :~a <i~tr,9 nr ~~t~,.,( ,,, ,. ~ ... -: ~. ~„ . _ :, . ,, ~~f,~M F'r~cf s tint! ~, ~r ;~i , ; . -ii {,.-~ r,. rl .,nyt° ~,,, „~ ~~,~•~.~~ f'rir~s aye r C~7F3 shippnr47 r~'a,r+r F'[aCPS ~~~, n.-b, s c~r;~ ~.~ .~ ,. anrj nlhnr cs,!o lo~;r. ~ ~ r,~~~•~.r •,7.,,~ :a~~s t:~r, ;~riil 1;., rr.~,,~~~,:,i wrritrn 1e~:as `.iy $!P.!fl ?X N18r(.ht7V Sp l~iC d!?ry5 rv~1 ria~!n iii ~ ~;~nn ^~-hr~~t ~rtit~at~ori rc?r~npr(tprl f-~ .~SCn~,;,arion vrilh ~rny rat ir~E` rc~~~'f>Anrf~R. ~1<1!1t,Cl`"* rr~m(*",nr tt~de~r~;i~~5l~stn~.'~ ~.v!"liia~ 11175 C:?1:.1Ir•,(j c~n[act us 5itr snap =r,ir7{?nrt (;trAiyi# „ar„aa ~hr,,,t u~. iufn iel hr~ok X2008 System 3X Warehouse, Inc. AIr right reserved. Suggestrans? Cornments7` send us your questions here. Fcsr Bar Code Frodusrs and St~r,icp4 e~~s~l ~~.~~~~~ file ~./t(':~t Ttierslnartea~ihartt~,~f~frf),itFr'~I.r,r~~l`~~.h~litr~~7s«I~t`~~~'inRl~n~~s~.7'cn~~R~r~iry fntert~et hileslCo... 1/3/2(?QR Page 1 ~~ ~° Tfie Right Teclural©gy. ~+ /~ ~ G~7 j"'~ ~ /"'~,~ /~ ~I ~ A' Rigfit Awey. '" X7/'1 G ~7 '~.i{ V !'1 1 V wiviv.CDtNf,.totn s • s • • M 8OD-809-4239 JGF1240 1.0158751 12/04 /2007 MIKE STEADHAM CITY OF NORTIt RICNLAND HILLS ~ 7301 NE LOOP 820 ~ 7301 NE LOOP 820 L I ~- CITY OF NORTH RICHLAND HILLS P MICHAEL STEADHAM T NORTH RICIILAND HILLS, TX 76180-6949 7 NORTN RICHLAND HILLS, 1'X 76180-6996 O O Contact: MICHAEL STEADHAM 81,7-42"?-6246 Customer Phone ~ 8174276246 Customer P_O, ~ TOUGIIHOOKS QUOTE • ~~ ~ JAY CAR M LILE 866- 224-6448 UPS Defamed Groun MasterCard/Visa ~ f Go GOVT-E XEMPT ~ ~ 21 1357382 BTO PAN TH CF30 L7500 BOGH IGH XP 4365.00 91665.00 Mfg#: PNH-CF-30FCSCZAM Contract: TX PANASONIC DIR-SDD-531 DIR-SDD-531 21 1242762 PANASONIC 1GH CF5?. CF'74 MK3/19/30 91.00 1911.00 Mfg#: PNH-CF-WMHA601G Contract: TX PANASONIC DIR-SDD-531 DIR-SDD-531 5 1075649 PANASONIC COMBO DRIVE MM POCKET CF30 220.00 1100.00 MfgR: PNB-CF-VDR301U Contract: TX PANASONIC DIR-SDD-531 DIR-SDD-531 21 636613 PAN 13,3"TABI:~ET SCREEN PROTECTOR FIL 58.00 1.21.8.00 Mfg#: PNH-CR-VPF05U Contract: TX PANASONIC DIR-SDD-531 DIR-SDD-531 21 1149577 PAN T'H 30 VEHICLE tdOiJNT PORT REP 454.00 9534.00 Mfg# : PNH-CF-WEB301tdII Contract: TX PANASONIC DIR-SDD-531 DIR-SDD-531 21 d88805 PAN TOUGHHOOK WARRANTY PRV PLUS 5Y12 795.00 16695.00 Mfg# ; PAW-CF-SVCLTDIF5Y Contract: TX PA?7ASONIC DIR-SDD-531 DIR-SDD-531 SUHTOTAI, 1221.23.00 7t~TAL ~ BUY WITH CONFIDENCE. CDW lS A FORTUNE 500 COMPANY. Continued CDW Government, Inc . Please remit payment lo_ 230 North Milwaukee Ave, CDW Government, Inc. Vernon Hills, IL 60061 TSRemrttanceDrive GQneral Phone: 847-371-500D Fax: 847-419-6200 Suife1515 Account Manager's Direct Fax: 312-705-9492 Chicago, lL 81 675-15 15 Page 2 ~~` " Tlie Right Techrlalony. ~,~ L E Q 1 {ETA TI ~ N Right Away. • • ! M ~ ~ wevty CAWG. carry 800.8t78-4239 .7GF1240 10158751 12/04 /2007 MZKE STEADHAM CZTY OF NORTH RICHLAND EiILL5 ~ 7301 NE LOOP 82q ~ 7301 NE LOOP 820 l I ~ CZTY OF NORTH RZCFiLAND HILLS ~' MICHAEL STEADHAM T NORTH RICHLA2JD HILLS, TX 76180-6949 T NORTH RICHLAND HILLS, TX 76180-6996 p p Contact: MICi1AEL STEADfiAM 817-427-6246 Customer Phone M 8174276246 Customer P.O. * TOUGiI800KS QUOTE • • ~ • JAY CARLILE 866-224-6448 UPS Deferred Groun MasterCard/Visa Go GOVT-EXEMPT i ~ ~ i . FREIGHT .00 SALES TAX .DO US Currency ToTA~ ~ BUY WITH CONFIDENCE. CDW IS A FORTUNE 500 COMPANY. 122,123. ao CDW Government, Inc. 230 North Milwaukee Ave. Vernon Hills, IL 60061 General Phone: 847-371-5000 Account Manager's Direct Fax Fax: 847-41.9-6200 312-705-9492 'lease remit payment to: C©W Government, lnc. 75 Remittance Drive Suite 15t5 Chicago, !t. 6(1675-1515 CITY OF NORTH R/CHLAND HILLS Department: City Manager's Office Presented by: Karen Bostic Council Meeting Date: 2-11-2008 Agenda No. F.3 Subject: GN 2008-012 Approve 2008 Federal Legislative Positions Attached is the proposed 2008 Federal Legislative Program that will be discussed with Council during the worksession. Any suggested changes noted by Council during the worksession will be incorporated into the approved positions. The four guiding principles used to develop the program are: • Support for local control; Insuring a predictable and sufficient level of revenue to manage local affairs; Opposition of unfunded mandates; Support of legislation that increases the quality of life for citizens of North Richland Hills. The City's positions on various issues fall into the following categories: Protecting Local Programs, Powers and Revenues • Internet Sales Tax Telecommunications & Information Technology Community Development Block Grant Protecting the Homeland Homeland Security Public Safety & Collective Bargaining Unfunded Mandates • Transportation • Immigration Reform When the Federal Legislative Program of the City is approved by City Council, this will be given to Congressman Burgess, our U.S. Senators, and other area congressional representatives. Recommendation: Approve GN 2008-012 the North Richland Hills 2008 Federal Legislative Program. NCH City of North Richland Hills 2008 Federal Legislative Positions FEDERAL LEGISLATIVE INTRODUCTION The United States Congress frequently creates new laws that greatly affect municipalities. Due to this relationship, the City of North Richland Hills must develop and adopt positions on the most critical federal issues that directly impact the City and its citizens, especially issues involving 1.) local control, 2.) quality of life, and 3.) municipal revenues (including unfunded mandates). Therefore, the City of North Richland Hills uses three primary principles in developing positions on legislative issues: 1. The City vigorously opposes any legislation that erodes the authority to govern our own local affairs. 2. The City opposes any legislation that dramatically impacts our ability to pay for public services and opposes the imposition of any federal mandates which do not provide for a commensurate level of compensation. 3. The City supports legislation that increases the quality of life for our citizens including legislation that encourages equitable services that increase pride and growth in our community. If an issue arises in Congress that is not included in this document, we urge our Congressional delegation to keep the City's guiding principles in mind as they make important decisions which will impact our joint-constituents. TABLE OF CONTENTS General Legislative Policy ......................................................................................4 Internet Sales Tax ...................................................................................................5 Transportation .........................................................................................................6 Telecommunications & Information Technology ......................................................7 Community Development Block Grant ....................................................................8 Homeland Security ..................................................................................................9 Public Safety & Collective Bargaining .....................................................................10 Immigration Reform .................................................................................................11 Contacts ..................................................................................................................12 GENERAL LEGISLATIVE POLICY STATEMENT OF PRESERVATION As a general policy, the City of North Richland Hills seeks to preserve its current authority to govern the city, its citizens, and its property. As such, the City opposes legislation that: • diminishes the fundamental authority of the City; • mandates increased costs without adequate compensation; • forces a loss of revenues or a decrease in public services; • erodes requirements for reasonable compensation for use of public lands; or • erodes municipal control over local water systems. STATEMENT OF SUPPORT Likewise, the City supports legislation that: • advances municipal authority to conduct the public's business; • improves the health, safety, and welfare of our citizens; • responsibly and fairly increases revenues to pay for essential services; • reduces the cost of providing services; • responsibly promotes economic development; or • improves the economy and creates jobs. INTERNET SALES TAX BACKGROUND Local governments rely heavily on sales tax revenues to pay for public services. In the City of North Richland Hills sales tax revenues account for almost one-fourth of the City's general fund budget. Sales tax revenues also support the City's Crime Control and Prevention District, and the development of parks and recreation facilities. Unfortunately, two recent trends have gradually eroded the local sales tax base -- migration of commerce activities over to the Internet and difficulty collecting sales tax for remote sales transactions (such as catalogue and Internet purchases). These trends will only continue as the popularity of Internet shopping increases and the Internet sales tax moratorium continues. A reaction to this growing concern was the creation of the Streamlined Sales Tax Project (SSTP). When the project was originally conceived, it was seen as a way for states and cities to capture sales taxes on remote sales. Texas cities were initially supportive of the Streamlined Project because it was designed to affect only interstate remote sales. But, the SSTP adopted required states to adopt point-of-destination sourcing for intrastate sales as well as interstate/remote sales. As a result, the State of Texas and Texas cities have not joined the Streamlined Sales Tax Agreement. It was only the beginning of this year that the SSTP was modified to allow states to continue point-of-origin sourcing for intrastate sales. The State of Texas is now interested in becoming a full member into SSTP, but it must wait until the Texas Legislature enacts some changes to the current sourcing methods for local sales and use tax at its next session in 2009. The modifications to the SSTP are good because changing the sourcing law in Texas would be harmful to Texas cities for three reasons. First, it would result in the shifting of revenue from origin cities to destination cities resulting in a sudden loss of sales tax revenue for many local governments (a change to destination sourcing would cost over $150 million annually in sales tax revenue). Second, it is possible many Texas cities will see an overall net loss in sales tax revenues because there would no longer be a city sales taxes collected on goods shipped from incorporated areas to unincorporated areas. Third, the administrative costs of changing to a new system would be extremely high (i.e. -tracking which jurisdiction the sales tax should go to would be costly, inefficient and timely). POSITION • The City of North Richland Hill strongly supports preserving point-of-origin sourcing for intrastate sales and point-of-destination sourcing for interstate sales. • The City opposes any changes to sales tax sourcing laws. • The City supports the application of sales taxes on applicable products and services purchased over the Internet. TRANSPORTATION BACKGROUND Transportation funding has reached crisis levels. The majority of the nations' roads are aging and in dire need of maintenance. Maintaining these roadways costs more and more because of material cost increases, which does nothing but reduce the amount of funding available for new roadways. Meanwhile, the demand for new infrastructure to decrease traffic congestion and meet air quality mandates continues to rise while the funding for these needs continues to decline. Congress created the National Surface Transportation Policy and Revenue Study Commission through SAFETEA-LU in 2005 to review the nation's transportation system and provide recommendations for the next reauthorization. The Commission's final report proposed to raise the gas tax substantially over the next few years and recommended a future switch to new methods of raising revenue to fund maintenance of current roads and construct new infrastructure. The Commission also recommended major new investment in intercity rail, more accountability in how transportation dollars are spent, a focus on metropolitan transportation and greater emphasis on environmentally-friendly transportation options. In the Northeast Tarrant County region, traffic congestion continues to become worse year after year. Expansion of highways in our area has been delayed for a decade or more due to a lack of funding. The North Texas region is in anon-attainment area whereby we must meet strict guidelines to reduce air pollution, yet we have thousands of cars sitting on the roadways in gridlock, polluting our air. Meanwhile, the Texas Department of Transportation (TxDOT) expects its funding for new construction to shrink by 6 to 19 percent in 2009. The revenue from the motor fuel taxes does not meet its existing maintenance needs and the federal government is reducing its transportation apportionments. It is critical to our City and our region that funding be made available for road projects. It is also critical that funding be made available for alternative means of transportation such as commuter rail. POSITION • The City of North Richland Hills supports federal legislation that provides full funding for federal transportation programs. • The City supports collaboration with local elected officials on the reauthorization of the surface transportation infrastructure program. TELECOMMUNICATIONS & INFORMATION TECHNOLOGY BAC KG RO U N D The existence of affordable and modern communications infrastructure is extremely important because it has increased productivity, spurred economic development, and improved the quality of life. However, by law, municipalities must be fairly compensated by the telecommunication and cable industries for the use of public rights-of-way. The underlying principal is that use of publicly-owned rights-of-way is a privilege, not an entitlement. Local governments are, in fact, legally obligated to control and charge for the use of rights-of-way. The Texas Constitution requires cities to receive fair market rental payments from private industries that use public land for their private gains. Local governments must also maintain the rights-of--way to ensure the health and safety of their citizens. This enables cities to minimize service disruptions to the public, protect public investment in the rights-of-way, and assures correct placement of service lines. It is important to note that during the 79th Texas Legislative Session, the Texas Legislature passed Senate Bill 5 which created astate-wide cable franchise process and eliminated local cable franchises in Texas. While Senate Bill 5 diminished local control, it included a 5% franchise fee for the use of local rights-of-way, maintained local police powers over rights-of-way, and authorized Public Educational and Governmental (PEG) channels (and continues financial support for PEG channels). Recently in Congress and at the Federal Communications Commission, attempts have been made by the telecommunications and cable industries to erode local control over the public rights-of-way. Specifically, several orders have been introduced that would negatively impact the ability of cities to physically manage their public lands and to receive adequate rental payments on behalf of their citizens. The recently adopted FCC Order regarding cable franchising also has the potential to negatively impact the hard fought compromise that the telecommunications industry and cities achieved in Texas. If the Second Order of the FCC remains in place and PEG channels will be charged out of the required franchise fees, cities will lose an important communication tool with their citizens. POSITION • The City of North Richland Hills urges Congress to exempt Texas from any cable/video franchise legislation or FCC Order. The City supports any Congressional proposal or FCC Order that recognizes Texas has adopted a uniform statewide franchising system and does not preempt the Texas law. • The City opposes any legislation that will restrict the ability to manage our rights- of-way or that allows rights-of-way users access without appropriate compensation to the City. • The City opposes any legislation that would not require the provision of PEG channels at the same quality broadcast as other channels and would not require the service to be offered to all residents. COMMUNITY DEVELOPMENT BLOCK GRANT BACKGROUND Providing quality neighborhoods and housing for all Americans by continuing successful programs such as the Community Development Block Grant (CDBG) is important to the City of North Richland Hills. CDBG successfully mobilizes resources, addresses housing, community development, economic development, and physical infrastructure needs. CDBG has become instrumental in helping older communities within major metropolitan regions address critical issues such as aging infrastructure, housing rehabilitation, and services to senior citizens. After 33 years, this program remains successful and continues to demonstrate a strong federal-local partnership that must be sustained. Over the last three years, North Richland Hills has witnessed a decrease in CDBG funds. The City saw a 5% reduction for Fiscal Year 2005, approximately 10% less in FY 2006 and a .21% reduction in FY 2007. CDBG funds are vital to the continued success of our neighborhood revitalization initiatives. In 2006, proposals were made to eliminate the CDBG program and combine it into the "Strengthening America's Communities" Grant. While CDBG managed to survive, funding for the program was cut significantly. CDBG funds have allowed the City of North Richland Hills to improve street conditions in qualifying neighborhoods, institute a housing rehabilitation program, expand and improve senior center facilities, and enhance the Northeast Transportation Service (NETS), an on demand transportation service for senior and disabled residents. POSITION The City of North Richland Hills supports the continuation of this program at current and/or increased levels, as this program has been and will continue to be important in funding revitalization efforts within our community. • The City opposes any budget proposals that seek to combine, eliminate or reduce community development programs that have continually proven to be effective in redeveloping deteriorating areas of cities across the country. HOMELAND SECURITY BACKGROUND Since September 11, 2001, North Richland Hills and many other local governments have taken on an even larger roll in providing for homeland security. Local governments are the first level of government to respond to most disasters and emergencies and must be regarded as the focal point of all disaster mitigation and recovery activities. In the devastating wake of Hurricanes Katrina and Rita, the nation witnessed how local governments are the first level of government to respond and are the focal point of natural disasters. Millions of evacuees from New Orleans Parish and the Gulf Coast were left homeless and stranded far from their communities. Local governments across this nation took them in and provided food and shelter. Although funds have been appropriated as grants to first responders, the United States Congress has provided a relatively small level of funding for programs needed for local homeland security priorities. The federal government should provide increased funding directly to local governments for homeland security, emergency and disaster preparedness as well as emergency response to allow first responders the opportunity to efficiently and effectively secure grant dollars. The federal government should also provide more guidance as to the specific roles and responsibilities of federal, state and local governments in responding to natural disasters and threats. POSITION • The City of North Richland Hills urges Congress and the Federal Government to provide more guidance as to specific roles and responsibilities between levels of government when responding to natural disasters and threats. • The City of North Richland Hills supports an increase in direct federal funding to local governments for preparedness and response training, threat assessment, communication systems, public health systems and critical infrastructure protection. PUBLIC SAFETY & COLLECTIVE BARGAINING BACKGROUND During the 109th Congress federal legislation was proposed that would force states and local governments to recognize unions of police, fire, and other public safety personnel as bargaining agents in all 50 states. During the 79th Texas Legislative session similar legislation known as Meet and Confer (House Bill 204 and House Bill 2892) were passed into law. Meet and Confer allows a representative police or fire association in cities with a population of 50,000 or more, to meet and confer on any issues related to their employment. This can only be initiated through a petition of the association with final authorization by the governing body or through a certified election. During the 110th Congress passed HR 980 and referred S. 2123 to committee. Both the House Resolution and Senate Bill are similar to the legislation introduced in the 109th Congress and would require states to recognize public safety unions as bargaining agents. The City of North Richland Hills believes neither HR 980 nor S. 2123 should be signed into law because it is simply duplication of what has already become law in Texas. Furthermore, this type of legislation would negate the labor protection laws of the states, labor agreements of states and municipalities, existing civil service systems and the North Richland Hills Personnel Procedures. The City believes that the federal government should not undermine municipal authority with respect to making fundamental employment decisions. The City also believes this is an issue best resolved at the state level, not by our federal government. POSITION North Richland Hills opposes federal legislation which singles out a class of municipal employees to be provided special bargaining rights, and pre-empts investigative and disciplinary procedures that are already in place under civil service systems and the "Meet and Confer" laws of Texas. IMMIGRATION REFORM BACKGROUND The increasing presence of the undocumented population presents a serious challenge to municipal governments because of its escalating impact on local budgets, service delivery, and community life. The City of North Richland Hills recognizes that this is a top legislative priority for Congress in 2008. The City of North Richland Hills believes immigration reform should be addressed in a comprehensive and thoughtful manner. In late 2005 House Resolution (H.R.) 4437 passed the House of Representatives which addressed the issue in a piecemeal fashion. The House bill includes several provisions that violate the principals of federalism and places burdensome unfunded federal mandates on local governments. Local law enforcement agents should not be mandated to enforce civil immigration laws because this would violate ,the principals of federalism and divert local personnel from their primary duty to protect the general public. The City of North Richland Hills strongly concurs and also supports, along with the NLC, streamlined and acceptable guest worker programs that enable businesses to hire foreign workers in order to meet economic demands. In recent years municipalities have become the main service providers to immigrant families. The federal government should assist local governments to provide healthcare, education and social services to these new workers. POSITION • The City of North Richland Hills supports comprehensive immigration reform legislation that addresses border security and interior enforcement at the federal level of government. The City opposes any proposal that would mandate municipal enforcement of federal immigration laws. CONTACTS City of North Richland Hills 7301 N E Loop 820 P. O. Box 820609 North Richland Hills, Texas 76180 (817) 427-6000 Fax: (817) 427-6016 http://www. nrhtx.com Larry J. Cunningham City Manager (817) 427-6007 Email: Iunningham c(a~.nrhtx.com Karen Bostic ** Managing Director (817) 427-6005 Email: kbostic(c~nrhtx.com Mayor and City Council Oscar Trevino, Mayor Suzy Compton -Mayor Pro Tem John H. Lewis -Place 1 Ken Sapp -Place 2 Dr. Tim Barth -Place 4 David Whitson -Place 5 Scott Turnage -Place 6 Tim Welch -Place 7 ** Karen Bostic is the primary legislative contact for North Richland Hills CITY OF NORTH R/CHLAND HILLS Department: City Manager's Office Presented by: Karen Bostic Council Meeting Date: 2-11-2008 Agenda No. F.4 Subject: GN 2008-013 Approve Atmos Energy, Corp., Mid-Tex Division Settlement Agreement and New Tariffs -Ordinance No. 2980 On September 20, 2007, Atmos Energy Mid-Tex Division filed a Statement of Intent to Increase Rates within the City of North Richland Hills. The Statement of Intent indicated that the company was seeking a $52 million rate increase. This increase would have raised rates for the average residential customer by 8.27%, the average commercial customer by 22.72% and the average industrial customer by 38.95%. The effective date of the rate increase would have been October 25, 2007 had City Council not suspended the effective date by 90 days. Suspension of the effective date gave the City, along with other members of the Atmos Cities Steering Committee, time to analyze the schedules and evidence offered by Atmos to support its request to increase rates. The suspension was approved by Council at the October 8, 2007 City Council meeting. A further extension to the deadline was agreed to by Atmos. The City of North Richland Hills, along with 150 other cities served by Atmos Energy Mid-Tex Division (Atmos), is a member of the Atmos Cities Steering Committee (ACSC). Since October, ACSC members have worked diligently with Atmos representatives to explore options to address Atmos' latest request to increase rates and to resolve other outstanding issues. The attached ordinance and tariffs (Attachment B to the Ordinance) reflect the agreement reached between ACSC and Atmos Mid-Tex to reduce Atmos' requested increase by more than 80% and ensure that Atmos is able to provide safe and reliable natural gas service. The Settlement Agreement (Attachment A to the Ordinance) also provides rate certainty for customers by resolving outstanding appeals, creates a new process for expedited rate review by the cities, eliminates piecemeal ratemaking, reimburses ACSC for rate case expenses associated with the Gas Reliability Infrastructure Program (GRIP) surcharge cases, and avoids the necessity of costly litigation. The ACSC Executive Committee recommends that ACSC members approve the Settlement Agreement. Atmos' rate request represents the seventh increase in natural gas rates for customers in the Atmos Mid-Tex service area since 2004. Four rate increases are the result of Gas Reliability Infrastructure Program (GRIP) surcharges enacted pursuant to the Texas Utilities Code §104.301. A primary complaint of cities around the state regarding GRIP filings is that it is piecemeal ratemaking and only looks at changes in the utility's invested capital, rather than a more comprehensive review of all components affecting rates charged. Cities thus far have been unsuccessful in defeating GRIP at the Legislature and in court. In addition to the four GRIP surcharges, base rates charged to customers served by Atmos Mid-Tex have increased as the result of two system-wide cost of service rate filings since 2004. The Company's current request to increase base rates would be the third system-wide cost of service increase for customers in Atmos Mid-Tex's service area since 2004. In the most recent cost of service rate request, the Railroad Commission of Texas (Commission) issued an order in March 2007, approving new system-wide rates for customers of Atmos Mid-Tex. Residential customers were impacted disproportionally by the Commission's final order, with residential rates increasing by $10 million annually, despite an overall system-wide rate increase of $5 million. System-wide rates charged to residential customers in the Atmos Mid-Tex region were also increased by several million dollars in 2004. In both the 2004 and 2007 cases, the hearings examiners that heard the testimony and evaluated the evidence recommended that rates be reduced for customers. However, in both cases, the Railroad Commission reversed key decisions of its own hearings examiners, ultimately issuing final orders that approved rate increases instead of the recommended rate reductions. While the evidence provided by Atmos to the ACSC consultants does not support the $52 million increase requested by Atmos, ACSC consultants agree that Atmos can justify an increase in revenues of at least $8 million and that there is a reasonably high probability that the Railroad Commission would award an increase of at least $10 million. A contested case proceeding before the Railroad Commission on Atmos' current application will take several months and cost ratepayers millions of dollars in rate case expenses and would not likely produce a request more favorable than that to be produced by the settlement. The ACSC Executive Committee recommends that ACSC members take action to approve the Settlement Agreement. This Settlement Agreement achieves several desirable outcomes, including: • Reverses rate design decisions that unfairly impact residential ratepayers. • Does away with piecemeal ratemaking problems inherent to the GRIP surcharge process. • Eliminates exposure to potential court reversal of the multi-million dollar Poly-1 Pipe disallowance (Atmos' issue on appeal in Docket No. 9400). • Avoids uncertainty and potential negative consequences of Railroad Commission rate review (in the two most recent rate cases affecting Atmos Mid-Tex customers, the Commission has reversed rate reductions recommended by its own hearings examiners in favor of rate increases). • Implements an expedited rate review process that includes the cities and allows review of all aspects of Atmos' cost of service. • Requires Atmos to reimburse ACSC for more than $500,000 paid to litigate GRIP surcharge cases. • Protects ACSC members and their citizens from the remote possibility that a litigated outcome or settlement with other parties produces a result more favorable than the ordinance passed by ACSC members by including a Most Favored Nations provision in the Settlement Agreement. Approval of the Settlement Agreement and Tariffs with Ordinance #2980 will increase the average residential customer by .37%, or 20¢ per month, the average commercial customer by 1.18% or $3.48 per month, and the average industrial customer by .12% or $3.58 per month. Recommendation: Approve Ordinance No. 2980. NiZH ORDINANCE NO. 2980 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS ("CITY") APPROVING A SETTLEMENT AGREEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "THE COMPANY") REGARDING THE COMPANY'S STATEMENT OF INTENT TO CHANGE GAS RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE SETTLEMENT AGREEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City of North Richland Hills, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "the Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, on or about September 20, 2007, Atmos Mid-Tex, pursuant to Gas Utility Regulatory Act §104.102 filed with the City a Statement of Intent to increase system-wide gas rates by approximately $52 million, such increase to be effective in all municipalities exercising original jurisdiction within its Mid-Tex Division service area effective on October 25, 2007; and WHEREAS, the City took action to suspend the October 25, 2007 Effective Date and to coordinate a response to Atmos' filing with more than 150 other similarly situated municipalities through the Atmos Cities Steering Committee ("ACSC") (such participating cities are referred to herein as ("ACSC Cities"); and WHEREAS, Atmos has agreed to extend the October 25, 2007, Effective Date such that the City's jurisdiction over this matter ends March 1, 2008; and WHEREAS, the Railroad Commission of Texas ("RRC" or the "Commission") in GUD No. 9670, issued an Order approving new system-wide rates for customers of Atmos Energy's Mid-Tex Division in March 2007, which increased residential base rates by approximately $10 million annually; and WHEREAS, ACSC and Atmos have each appealed the RRC's decision in Atmos' most recent system-wide rate increase as well as the decision rendered in GUD No. 9400 to the Travis County District Court; and WHEREAS, Atmos and ACSC have been in continuing disagreement, dispute, and litigation over the application of Section 104.301 of the Texas Utilities Code and the resulting rate increases ("GRIP surcharges") established by the RRC; and WHEREAS, Atmos filed its application for is fourth GRIP surcharge in four years on May 31, 2007, seeking to increase the rates of all customers by approximately $12 million annually; and WHEREAS, the ACSC Cities desire to avoid the litigation expense that would result from another lengthy contested rate case proceeding before the RRC as well as the prosecution of the appeals in various courts of the GRIP surcharges and the two previous system-wide rate decisions; and WHEREAS, ACSC desires to recoup certain costs it previously incurred in connection with GRIP-related proceedings (costs which Atmos contends are not reimbursable rate case expenses under the Texas Utilities Code), as well as costs incurred in connection with this proceeding; and WHEREAS, on October 18, 2007, more than 60 ACSC members met in Arlington with officers and executives of Atmos to discuss various issues, including rate making, resulting in a mutual pledge to work toward settlement; and WHEREAS, ACSC members designated a Settlement Committee made up of ACSC representatives to work with ACSC attorneys and consultants to formulate and review reasonable settlement positions to resolve outstanding matters with Atmos, including the pending rate increase request; and WHEREAS, the Settlement Committee and lawyers representing ACSC met several times with the Company to negotiate a Settlement Agreement resolving the issues raised in the Company's Statement of Intent filing as well as all outstanding appeals of the two prior rate cases and various GRIP filings; and WHEREAS, the Settlement Committee, as well as ACSC lawyers and consultants believe existing rates are unreasonable and should be changed; and WHEREAS, the ACSC Executive Committee recommends ACSC members approve the negotiated Settlement Agreement and attached tariffs; and WHEREAS, the attached tariffs provide for an expedited rate review process as a substitute to the current GRIP process instituted by the Legislature; and WHEREAS, the expedited rate review process as provided by the Rate Review Mechanism Tariff eliminates piecemeal ratemaking, the ACSC's major objection to the current GRIP process; and WHEREAS, the attached tariffs implementing new rates are consistent with the Settlement Agreement and are just, reasonable, and in the public interest; and WHEREAS, it is the intention of the parties that ACSC Cities receive the benefit of any Settlement Agreement that Atmos enters into with other entities arising out of its Statement of Intent or any associated appeals of a decision entered by the Railroad Commission regarding the Company's request to increase rates; WHEREAS, the Settlement Agreement as a whole is in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the findings set forth in this Ordinance are hereby in all things approved. SECTION 2. That the City Council finds that the Settlement Agreement, which is attached hereto and incorporated herein as Attachment A, is in the public interest and is hereby endorsed in all respects. SECTION 3. That existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable and new tariffs, which are attached hereto and incorporated herein as Attachment B, are just and reasonable and are hereby adopted. SECTION 4. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. SECTION 5. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 6. That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. SECTION 7. That if ACSC Cities determine any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent Settlement Agreement approved in any proceeding addressing the issues raised in Atmos' Statement of Intent would be more beneficial to the ACSC Cities than the terms of the attached Settlement Agreement, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the ACSC Cities. However, approval of the attached Rider RRM, Rider CEE, Rider GCR and the Rider WNA shall not be affected by the application of the provisions contained in this section, it being the understanding and the intent of the parties hereto that such tariffs shall continue according to their terms. SECTION 8. That this Ordinance shall become effective from and after its passage with rates authorized by attached Tariffs to be effective for customer bills delivered on or after March 1, 2008. SECTION 9. That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Joe T. Christian, Director of Rates, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Blevins Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this 11th day of February, 2008. 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: Karen Bostic, Managing Director ATTACHMENT A ATTACHMENT' A STATEMENT OF INTENT FILED BY ATMOS ENERGY, CORP., MID-TEX DIVISION ON SEPTEMBER 20, 2007 SETTLEMENT AGREEMENT This Settlement Agreement is entered into by and between Atmos Energy Corp.("Atmos" or "the Company"} and the Atmos Cities Steering Committee ("ACSC"), whose members include the Cities of Abilene, Addison, Allen, Alvarado, Angus, Anna, Argyle, Arlington, Bedford, Bellmead, Benbrook, Beverly Hills, Blue Ridge, Bowie, Boyd, Bridgeport, Brownwood, Buffalo, Burkburnett, Burleson, Caddo Mills, Carrollton, Cedar Hill, Celeste, Celina, Cisco, Cleburne, Clyde, College Station, Colleyville, Colorado City, Comanche, Coolidge, Coppell, Corinth, Corral City, Crandall, Crowley, Dalworthington Gardens, Denison, Desoto, Duncanville, Eastland, Edgecliff Village, Emory, Ennis, Euless, Everman, Fairview, Farmers Branch, Farmersville, Fate, Flower Mound, Forest Hill, Fort Worth, Frisco, Frost, Gainesville, Garland, Garrett, Grand Prairie, Grapevine, Haltom City, Harker Heights, Haskell, Haslet, Heath, Hewitt, Highland Park, Highland Village, Honey Grove, Hurst, Iowa Park, Irving, Justin, Kaufman, Keene, Keller, Kemp, Kennedale, Kerrville, Killeen, Krum, Lakeside, Lake Worth, Lancaster, Lewisville, Lincoln Park, Little Elm, Malakoff, Mansfield, McKinney, Melissa, Mesquite, Midlothian, Murphy, Newark, Nocona, North Richland Hills, Northlake, Oak Leaf, Ovilla, Palestine, Pantego, Paris, Parker, Pecan Hill, Plano, Ponder, Pottsboro, Prosper, Putnam, Quitman, Red Oak, Reno (Parker County), Richardson, Richland Hills, Roanoke, Robinson, Rockwall, Roscoe, Rowlett, Sachse, Saginaw, Seagoville, Sherman, Snyder, Southlake, Springtown, Stamford, Stephenville, Sulphur Springs, Sweetwater, Temple, Terrell, The Colony, Throckmorton, Tyler, University Park, Venus, Vernon, Waco, Watauga, Waxahachie, Westlake, Westworth Village, Whitesboro, White Settlement, Wichita Falls, Woodway, and Wylie (collectively "ACSC Cities"). WHEREAS, the Settlement Agreement resolves all issues relating to the Atmos Energy Corp., Mid-Tex Division Statement of Intent filed with the ACSC Cities on September 20, 2007, in a manner that Atmos and ACSC ("the Signatories") believe is consistent with the public interest, and the Signatories represent diverse interests; WHEREAS, the Signatories believe that a fully contested hearing in the case would be time-consuming and entail substantial additional expense for all parties and that the public interest will be served by adoption of an ordinance consistent with the Settlement Agreement; NOW, THEREFORE, in consideration of the mutual agreements and covenants established herein, the Signatories, through their undersigned representatives, agree to and recommend for approval by the ACSC Cities the following Settlement Terms as a means of fully resolving all issues raised in the September 20, 2007 Statement of Intent filed by Atmos on behalf of its Mid-Tex division: Settlement Terms 1. Atmos and the ACSC Cities agree to the rates, terms and conditions reflected in the tariffs attached to this Settlement Agreement as Exhibit A. Said tariffs should allow Atmos an additional $10 million in annual revenue by implementation of rates shown in SETTLEMENT AGREEMENT STATEMENT OF INTENT FILED BY ATMOS ENERGY, CORP., MID-TEX DIVISION ON SEPTEMBER 20, 2007 the proof of revenues attached as Exhibit B. Atmos and the ACSC Cities further agree that the rates, terms, and conditions reflected in Exhibit A to this Settlement Agreement comply with the rate-setting requirements of Chapter 104 of the Texas Utilities Code. The gas rates, terms and conditions established by this Settlement Agreement shall be effective for bills rendered on or after March 1, 2008. 2. The net plant amounts shown in the attached Exhibit B are reasonable for the plant that is used and useful in providing gas utility service. 3. Included as part of Exhibit A is a Rate Review Mechanism ("Rider RRM") that provides for an annual rate adjustment to reflect changes in billing determinants, operating and maintenance expense, depreciation expense, other taxes expense, and revenues as well as changes in capital investment and associated changes in gross revenue related taxes. Atmos agrees that effective with the implementation of the first RRM rate adjustment, Atmos shall file with the ACSC Cities a revised Rate R-Residential Sales Tariff to reduce the customer charge per bill from $10.69 per month to $7.00 per month and to increase the volumetric portion of the rate (shown as $1.271 in Exhibit A) to the appropriate level to reflect reduction in customer charge from $10.69 to $7.00, as well as to reflect any change resulting from the RRM implementation. The first RRM rate adjustment is expected to occur October 1, 2008. Atmos and the ACSC Cities agree that following the initial RRM adjustment any subsequent implementation of RRM adjustments shall be supported as described in the Rider RRM, and shall limit changes to residential and commercial customer charge to no more than 20%. Further, the parties agree that any approved adjustment in excess of the 20% limitation on the residential and commercial customer charge shall be recovered through the volumetric portion of the rate. 4. With respect to the RRM, Athos and the ACSC Cities agree that the rate increase limitations set forth in Rider RRM under Calculation of Rate Adjustment, subpart (c) shall not preclude Atmos from recovering any excluded costs during a subsequent Evaluation Period in which the 5% limitation for O&M expenses or net plant investment, respectively, is not reached or in a subsequent Statement of Intent case. To the extent that Atmos seeks to recover any excluded costs during a subsequent Evaluation Period in which the 5% limitation for O&M expenses or net plant investment, respectively, is not reached or in a subsequent Statement of Intent case, Atmos shall identify these costs as a specific line item in the schedule accompanying the RRM rate adjustment filing. 5. With respect to the RRM, Athos further agrees to pay all reasonable and necessary expenses of each entity having original jurisdiction that are incurxed to review the Company's annual RRM filings. Atmos further agrees that in calculating the proposed rate for any Rate Effective Period, the Company shall not include: (1) any external legal, expert, or consultant costs to prepare and/or provide supportive information related to its filing; or (2) reimbursements to original jurisdiction entities. 6. Notwithstanding paragraph 5 of this Settlement Agreement, Atmos and ACSC agree that in the event of an appeal of an original jurisdiction entity's decision regarding a proposed RRM adjustment, recovery of rate case expenses shall be determined according to Chapters 103 and 104, TEx. UTIL. CODE ANN. Further, in the event of such appeal(s), 2 SETTLEMENT AGREEMENT STATEMENT OF INTENT FILED BY ATMOS ENERGY, CORP., MID-TEX DIVISION ON SEPTEMBER 20, 2007 Atmos shall recover any reimbursement made to the original jurisdiction entity through a surcharge to customer rates whether such reimbursements are made during the initial review period or appeal period. 7. Atmos agrees that it will make no filings on behalf of its Mid-Tex division under the provisions of TEx. UTIL. CODE ANN. § 104.301 while the Rider RRM is in place, and any such filings pending at the time the RRM is approved will be trued-up for revenue and rate base components prior to implementation of the annual RRM. In the event that a regulatory authority fails to act or enters an adverse decision regarding the proposed annual RRM adjustment, the Railroad Commission of Texas shall, pursuant to the provisions of the Texas Utilities Code, have exclusive appellate jurisdiction to review the action or inaction of the regulatory authority exercising exclusive original jurisdiction over the RRM request. In addition, the Signatories agree that this Settlement Agreement shall not be construed as a waiver of the ACSC Cities' right to initiate a show cause proceeding or the Company's right to file a Statement of Intent under the provisions of the Texas Utilities Code. 8. Atmos and the ACSC Cities commit that during the Initial Implementation Period, as defined in the RRM tariff, Atmos and the ACSC Cities will not devote resources or efforts to advocate statutory changes involving rate stabilization mechanisms or the Gas Reliability Infrastructure Plan that is currently codified under TEx. UTIL. CODE § 104.301. 9. Atmos and the ACSC Cities agree that the gas cost portion of uncollectible expense shall be recovered through the Company's Rider GCR rather than through base rates. The change in accounting for the gas cost portion of uncollectible expense {including both the accrual of expense and write-off of accounts) shall become effective with the implementation of the first RRM rate adjustment. The first RRM rate adjustment is expected to occur October 1, 2008. In calculating the rate for the first Rate Effective Period, the Company shall utilize the same methodology as used in the Company's September 20, 2007 Statement of Intent with the only modification being to exclude the effects of the gas cost portion of uncollectible expense from the base rate calculation. 10. Atmos and the ACSC Cities further agree that expense associated with lost and unaccountable gas shall, based on an annual period, be recoverable through the Company's Rider GCR up to a maximum of five (5) percent of the quantity of metered gas, as provided under Commission Rule 7.5525, Lost and Unaccounted for Gas. Such change shall be effective with the complete 12 month reporting period ending June 30, 2008. 11. Included as part of Exhibit A to this Settlement Agreement is a new gas conservation program tariff (Rider CEE) that will be effective October 1, 2008. Atmos and the ACSC Cities agree that Atmos will field $1 million of the allowable expenses incurred annually, with a customer rate component providing the remainder $1 million of funding. All customer-supplied funds will, prior to the commencement of the program, be used toward program implementation efforts and, upon implementation, be applied directly to the gas conservation materials and supplies. 3 TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., M!D-TEX DIVISION RATE SCHEDULE: Rate C -Commercial Sales APPLICABLE TO: Entire System REVISION: DATE: EFFEC"FIVE DATE: PAGE: 1 OF 1 February 1, 2008 RATE C -COMMERCIAL SALES Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 3,000 Mcf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 20.28 per month Commodity Charge -All Mcf $ 0.7104 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., 1'JIID-TEX DIVISION RATE SCHEDULE: Rate I -industrial Sales APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 1 OF 2 February 1, 2008 RATE I -INDUSTRIAL SALES Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 344.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.2200 per MMBtu Next 3,500 MMBtu $ 0.1600 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0493 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Piatts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: Rate I -Industrial Sales APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 2 OF 2 February 1, 2aU8 Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Plaits Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate f, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: Rate T -Transportation APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 1 OF 2 February 1, 2008 RATE T -TRANSPORTATION Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 344.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.2200 per MMBtu Next 3,500 MMBtu $ 0.1600 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0493 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part {b) of Rider GCR. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Cus#omer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Plaits Gas Daily in the table entitled "Daily Price Survey° during such month, for the MMBtu of Customer's monthly Cumula#ive TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: Rate T -Transportation APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 2 OF 2 February 7, 2008 Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider GCR -Gas Cost Recovery APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 1 OF 3 October 1, 2008 Rider GCR -Gas Cost Recovery Applicable to Rate R, Rate C, and Rate I for all gas sales made by Company, and applicable to Rate R, Rate C, Rate I, and Rate T for recovery of Pipeline System costs. The total gas cost recovery amount due is determined by adding the gas cost calculated in Section (a) below and the pipeline cost calculated in Section (b) below. The amount due for gas cost (Section (a}) is determined by multiplying the Gas Cost Recovery Factor (GCRF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on an Mcf basis. For Customers receiving service under Rate 1, monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to recover actual costs. The amount due for pipeline cost (Section (b)) is determined by multiplying the Pipeline Cost Factor (PCF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on an Mcf basis. For Customers receiving service under Rate I and Rate T, monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to recover actual costs. (a) Gas Cost Method of Calculation The monthly gas cost adjustment is calculated by the application of a Gas Cost Recovery Factor (GCRF), as determined with the following formula: GCRF =Estimated Gas Cost Factor (EGCF} + Reconciliation Factor (RF) + Taxes (TXS) + Adjustments (ADJ) EGCF =Estimated cost of gas, including lost and unaccounted for gas attributed to residential, commercial, and industrial sales, and any reconciliation balance of unrecovered gas costs, divided by the estimated total residential, commercial, and industrial sales. RF =Calculated by dividing the difference between the Actual Gas Cost Incurred, inclusive of interest, over the preceding twelve-month period ended June 30 and the Actual Gas Cost Billed over that same twelve-month period by the estimated total residential, commercial, and industrial sales for the succeeding October through June billing months. Actual Gas Cost Incurred =The sum of the costs booked in Atmos Energy Corp., Mid-Tex Division account numbers 80o through 8i3 and 858 of the NARUC Uniform System of Accounts, including the net impact of injecting and withdrawing gas from storage. Also includes a credit or debit for any out-of-period adjustments or unusual or nonrecurring costs typically considered gas costs and a credit for amounts received as Imbalance Fees or Curtailment Overpull Fees. Actual Gas Cost Billed =EGCF multiplied by the monthly volumes billed to Residential, Commercial and Industrial Sales customers, less the total amount of gas cost determined to have been uncollectible and written off which remain unpaid for each month of the reconciliation period. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider GCR -Gas Cost Recovery APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 2 OF 3 October 1, 2008 Any amount remaining in the reconciliation balance after the conclusion of the period of amortization will be maintained in the reconciliation balance and included in the collection of the next RF. Atmos Energy shall file annual reports with the Commission, providing by month the following amounts: Gas Cost Written Off. Margin Written Off, Tax and Other Written Off, Total Written Off, Gas Cost Collected and Margin Collected. TXS =Any statutorily imposed assessments or taxes applicable to the purchase of gas divided by the estimated total residential, commercial, and industrial sales. ADJ =Any surcharge or refund ordered by a regulatory authority, inclusive of interest, divided by the estimated total residential, commercial, and industrial sales. (b) Pipeline Cost Method of Calculation Each month, a Pipeline Cost Factor (PCF) is calculated separately for each Pipeline Cost Rate Class listed below. The formula for the PCF is: PCF = PP / S, where: PP = (P - A) x D, where: P =Estimated monthly cost of pipeline service calculated pursuant to Rate CGS D =Pipeline service allocation factor for the rate class as approved in the Company's most recent rate case, as follows: Pi eline Cost Rate Class Allocation Factor D Rate R -Residential Service .634783 Rate C -Commercial Service .302805 Rate I -Industrial Service and Rate T -Trans ortation Service .062412 A =Adjustment applied in the current month to correct for the difference between the actual and estimated pipeline cost revenue of the second preceding month, calculated by the formula: A = R - (C - A2), where: R =Actual revenue received from the application of the PP component in the second preceding month. C =Actual pipeline costs for the second preceding month. A2 =The adjustment (A) applied to the PP component in the second preceding month. S =Estimated Mcf or MMBtu for the rate class for the current billing month. The PCF is calculated to the nearest 0.0001 cent. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider GCR -Gas Cost Recovery APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 3 OF 3 October 1, 2008 The Pipeline Cost to be billed is determined by multiplying the Mcf or MMBtu used by the appropriate PCF. The Pipeline Cost is determined to the nearest whole cent. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider WNA -Weather Normalization Adjustment APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 1 OF 3 November 1, 2008 RIDER WNA -- Weather Normalization Ad'ustment Provisions for Adjustment The base rate per Mcf (1,000,000 Btu) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining norrrialized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Nonmalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential, and commercial bills based on meters read during the revenue months of November through April. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Mcf by the following formula: (HSFi x (NDD-ADD) ) WNAFi - Ri (BLi + (HSFi x ADD} ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Mcf Ri = base rate of temperature sensitive sales for the ith schedule or classification approved by the entity exercising original jurisdiction. HSFi = heat sensitive factor for the ith schedule or classification calculated as the slope of the linear regression of average sales per bill (Mcf) and actual heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification calculated as the y- intercept of the linear regression of average sales per bill (Mcf) and actual heating degree days by month for the test year by schedule or classification TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider WNA -Weather Normalization Adjustment APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 2 OF 3 November 1, 2008 and weather station as part of the RRM filing. The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA; = WNAF; x q;~ Where q;j is the relevant sales quantity for the jth customer in ith rate schedule. Filings with Entities Exercising_Original Jurisdiction As part of its annual RRM filing the Company will file (a) a copy of each computation of the Weather Normalization Adjustment Factor, (b) a schedule showing the effective date of each such Weather Normalization Adjustment, (c) a schedule showing the factors of values used in calculating such Weather Normalization Adjustment and (d) a random sample and audit of thirty (30) actual customer bills, with customer information deleted, for each rate schedule or classification to which the WNA was applied in the preceding 12 month period. To the extent that source data is needed to audit the WNA application, such data will be provided by the Company as part of the annual RRM filing. if the RRM is discontinued, as provided in the Rider RRM tariff, the information required herein to be filed with the entities exercising original jurisdiction shall be filed on March 1 of each year. Base Use/Heat Sensitive HSF Factors Residential Commercial Base use HSF Base use HSF Weather Station Mcf Mcf/HDD Mcf Mcf/HDD Abilene 1.14 .0131 8.11 .0631 Austin 1.31 .0136 18.05 .0669 Dallas 1.57 .0185 18.08 .0925 Waco 1.20 .013 8 10.97 .0606 Wichita Falls 1.27 .0147 11.5 8 .OS 81 TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider WNA -Weather Normalization Adjustment APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 3 OF 3 November 1, 2008 Sample WNAF1 Calculation: (.0131 x (30-17) } .1533 per Mcf = 1.2267 x {1.14 + (.0131 x 17) ) Where i = Residential Single Block Rate Schedule Ri - 1.2267 per MCF (Rate R -Final Order GLJD No. 9670) HSFi = .0131 (Residential -Abilene Area) NDD - 30 HDD {Simple ten-year average of Actual HDD for Abilene Area - 9/15/06 - 10/ 14/06) ADD = 17 HDD (Actual HDD for Abilene Area - 9/15/06 - 10/14/06) Bli = 1.14 Mcf (Residential -Abilene Area) TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider RRM -Rate Review Mechanism APPLICABLE TO: Entire Mid-Tex Division REVISION DATE: EFFECTIVE DATE: PAGE: 1 of 5 Februar 1, 2008 RIDER RRM -- RATE REVIEW MECHANISM Pu ose: This mechanism is designed to provide annual earnings transparency. If, through the implementation of the provisions of this mechanism, it is determined that rates should be decreased or increased, then rates will be adjusted accordingly in the manner set forth herein. The rate adjustments implemented under this mechanism will reflect annual changes in the Company's cost of service and rate base. This adjustment will be authorized for an Initial Implementation Period. With the conclusion of the final rate adjustment, if any, for the Initial Implementation Period, each entity having original jurisdiction may revoke, amend, or approve Subsequent Implementation Period(s) for, the mechanism. Definitions a} The Annual Evaluation Date shall be the date the Company will make its annual filing under this mechanism. The Annual Evaluation Date shall be no later than March 1, of each year. This filing shall be effective in electronic form where practicable. The initial filing shall be made March 31, 2008. b) Audited Financial Data shall mean the Company's books and records related to the Company's Mid- Tex operating area and shared services operations. Audited Financial Data shall not require the schedules and information provided under this tariff to undergo a separate financial audit by an outside auditing firm similar to the Company's annual financial audit. c) The Evaluation Period is defined as the twelve month period ending December 31, of each calendar year. The initial Evaluation Period shall be calendar year 2007. d} The Rate Effective Period is defined as the earlier of the twelve month period for which rates determined under this mechanism will be in effect or subsequent rates are implemented. e} Per Connection Basis is defined as the average number of connections during the Evaluation Period. f) Initial Implementation Period is defined as the three (3) year period commencing with the Company's filing under this mechanism for the calendar year 2007, effective October 1, 2008, and shall conclude with the implementation of rate adjustments, if any, for the third Rate Effective Period. g) Subsequent Implementation Period is defined as any three (3) year period after the conclusion of the Initial Implementation Period. h) Final Order is defined as the most recent order establishing the Company's latest effective rates for the area in which the mechanism is implemented, and shall include municipal rate ordinances and resolutions. Rate Review Mechanism The Company shall file with each regulatory authority having original jurisdiction over the Company's rates the schedules specified below for the Evaluation Period, with the filing to be made by the Annual TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider RRM -Rate Review Mechanism APPLICABLE TO: Entire Mid-Tex Division REVISION DATE: EFFECTIVE DATE: PAGE: 2 of 5 February 1, 2008 Evaluation Date following the end of the Evaluation Period. The schedules, which will be based upon the Company's Audited Financial Data, as adjusted, and provided in the same format as Atmos' rate filing with municipalities on September 20, 2007, will include the following: a) Company's actual gross plant in service, accumulated depreciation, accumulated deferred income taxes, inventory, working capital, and other rate base components. The ratemaking treatments, principles, findings and adjustments included in the Final Order will apply. Regulatory adjustments due to prior regulatory rate base adjustment disallowances will be maintained where applicable. Cash working capital will be calculated using the lead/lag days approved in the Final Order. b) The Company's depreciation expense, operating and maintenance expense, income taxes, and taxes other than income taxes. Depreciation rates will be those approved in the Final Order, or the rate most recently approved. All calculation methodologies will be those approved in the Final Order, or in the most recent order addressing the methodology. In addition, the Company shall exclude from operating and maintenance expense the type of expenses related to employee expense accounts disallowed in the GUD No. 9670 Final Order. c) Return on Equity (ROE) shall be maintained at 9.6%. d) Cost of debt will reflect actual cost. Capital structure will be the actual Evaluation Period ending ratio of long-term debt and equity, with percentage equity not to exceed the percentage established in the Final Order in G.U.D. No. 9670 (48.1% equity). e) AlI applicable accounting and pro forma adjustments along with all supporting workpapers. f) Pro-forma adjustments to update and annualize costs and revenue billing determinants for the Rate Effective Period. g) Pro-forma or other adjustments required to properly account for atypical, unusual, or nonrecurring events. h) Shared Services allocation factors may be recalculated each year based on the latest component factors, but the methodology used will be that approved in the Final Order. Calculation of Rate Ad'us~ tment a) The Company ,shall provide additional schedules indicating the following revenue deficiency/sufficiency calculations using the methodology accepted in the Final Order. These schedules shall identify the rate adjustments necessary for both atrue-up of revenue for the Evaluation Period and the setting of prospective rates for the Rate Effective Period. The net result of these rate adjustments shall be reflected in the proposed new rates to be established for the Rate Effective Period. In calculating the required rate adjustments, such adjustments will be made pro- ratably to the customer charge and usage charge based upon actual revenue generated, as adjusted under the Company's approved Weather Normalization Adjustment (WNA) Rider. Provided, TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider RRM -Rate Review Mechanism APPLICABLE TO: Entire Mid-Tex Division REVISION DATE: EFFECTIVE DATE: PAGE: 3 of 5 February 1, 2008 however, that neither the Residential nor the Commercial customer charges may increase more than 20% per year. b) If Company's earnings during the Evaluation Period exceed 9.6% return on common equity, the Company shall calculate an adjustment to rates to refund the revenue required to achieve a return on equity of 9.6% for the Evaluation Period. If Company's earnings during the Evaluation Period are below 9.6% return on common equity, the Company shall calculate an adjustment in rates to collect the additional revenue required to increase its return on equity for the Evaluation Period to 9.b%. The Company will calculate an adjustment for the Rate Effective Period to refund or collect this difference. c) The Company will adjust rates for the Rate Effective Period to include recovery of any known and measurable changes to operating and maintenance costs including, but not limited to, all payroll and compensation expense, all benefit expense, all pension expense, insurance costs, materials and supplies, bad debt costs, all medical expense, transportation and building and lease costs for the Rate Effective Period. Additionally, utility plant for the Rate Effective Period will be established by using the Evaluation Period ending balances, including associated changes in depreciation and amortization expense and taxes. In calculating the Company's known and measurable changes for prospective RRM adjustment purposes, the following limitations will apply, on a Per Connection Basis. 1. Operating and Maintenance expenses for the Rate Effective Period, cannot increase more than 5% per connection per year without specific identification and justification. The beginning Operation and Maintenance expense for the 2007 RRM filing (the initial filing) will be $16l million. 2. Net plant investment for the Rate Effective Period cannot increase more than 5% per connection per yeaz without specific identification. However, in performing a cap test to verify compliance, Company shall exclude any changes in net plant investment associated with federal, state, or local mandates related to safety, compliance, or road moves. d) The Company also shall provide a schedule demonstrating the "proof of revenues" relied upon to calculate the proposed rate for the Rate Effective Period. The proposed rates shall conform as closely as is practicable to the revenue allocation principles approved in the Final Order. Attestation A sworn statement shall be filed by the Company's Chief Officer in Charge of Mid-Tex Operations affirming that the filed schedules are in compliance with the provisions of this mechanism and aze true and correct to the best of his/her knowledge, information and belief. No testimony shall be filed. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider RRM -Rate Review Mechanism APPLICABLE TO: Entire Mid-Tex Division REVISION DATE: EFFECTIVE DATE: PAGE: 4 of 5 February 1, 2008 Evaluation Procedures The regulatory authority having original jurisdiction over the Company's rates shall have ninety (90) days to review the Company's filed schedules. The Company will be prepared to provide supplemental information as may be requested to ensure adequate review by the relevant regulatory authority. The Company shall not unilaterally impose any limits upon the provision of supplemental information and such information shall be provided within ten (10) working days of the original request. The regulatory authority may propose any adjustments it determines to be required to bring the schedules into compliance with the above provisions. During and following the ninety (90) day review period and a thirty (30) day response period, the Company and the regulatory authority will work collaboratively and come to agreement on, the proposed adjustments to the Company's schedule and proposed rates. Once agreement has been reached by the Company and the regulatory authority, the regulatory authority shall authorize an increase or decrease to the Company's rates so as to achieve the revenue levels indicated for both the Evaluation Period and Rate Effective Period. lf, at the end of the thirty (30) day response period, the Company and the regulatory authority have not reached agreement on the proposed adjustments, the Company shall have the right to appeal the regulatory authority's action or inaction to the Railroad Commission of Texas. Upon the filing of any appeal, the Company shall have the right to implement the proposed RRM rate adjustment, subject to refund. If approved by the entity exercising original jurisdiction, the rates established pursuant to the Rate Review Mechanism for the first Rate Effective Period shall be effective on October 1, 2008. Thereafter, rates established pursuant to the Rate Review Mechanism for subsequent Rate Effective Periods, if approved as provided herein, shall be ei~ective on July 15 of each year. Reconsideration and Appeal Orders issued pursuant to this mechanism are ratemaking orders and shall be subject to appeal under Sections 102.001(b) and 103.021, et seq., of the Texas Utilities Code (Vernon 2007}. Notice Notice of the annual Rate Review Mechanism filing shall be provided to all affected customers of the Atmos Mid-Tex Division in accordance with the provisions of this section no later than forty-five (45) days after the Company makes its annual filing pursuant to this tariff. Company may provide notice either by mailing or otherwise delivering the notice with its billing statements. Notice by mail shall be presumed to be complete three days after the date of deposit of the paper upon which such notice is written, enclosed in a post-paid, properly addressed wrapper, in a post office or official depository under the care of the United States Postal Service. The notice to customers shall include the following information: a) a description of the proposed revision of rates and schedules; b) the effect the proposed revision of rates is expected to have on the rates applicable to each customer class and on an average bill for each affected customer; TARIFF FOR GAS SERVICE ~ ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider RRM -Rate Review Mechanism APPLICABLE TO: Entire Mid-Tex Division REVISION DATE: EFFECTIVE DATE: PAGE: 5 of 5 Februar 1, 2008 c) the service area or areas in which the proposed rate adjustment would apply; d) the date the proposed rate adjustment was filed with the regulatory authority; and e) the Company's address, telephone number and website where information concerning the proposed rate adjustment may be obtained. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider CEE -Conservation & Energy Efficiency APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 1 OF 1 February 1, 2008 RIDER CEE -Conservation & Energy Efficiency Purpose Atmos Energy Mid-Tex is proposing to institute a complete Conservation & Energy Efficiency program which will offer assistance to qualified customer segments in reducing energy consumption and lowering energy utility bills. ,The proposal is one where Atmos Energy shareholders will fund a percentage of the allowable expenses incurred annually, with a customer rate component providing the remainder of the funding. Following is ahigh-level, concept summary of the proposal. Atmos Energy Mid-Tex Division proposes to work with the communities it serves to develop the details of a new tariff and programs addressing conservation and energy efficiency. Synopsis: Voucher system to provide free energy savings materials and supplies to qualifying customers of Atmos Mid-Tex. Qualified Customers will receive up to two hundred dollars ($200.00} worth of caulking, weather-stripping, sheathing, sealing, water heater blankets, and like materials, other energy saving devices such as clock-thermostats, set-back devices ("covered items") from approved suppliers /retailers. Company will undertake efforts to enlist support from community groups, including its own Employee Action Program, to assist customers with installation. If it is determined that professional installation capabilities are necessary, the parties will agree on labor assistance amounts. EI~gibility Low Income -- Low-income rate-payers that qualify for heating bill assistance through LIHEAP agencies and all agencies that distribute Atmos "Share the Warmth" funds. Agencies that allocate assistance funds denote customer as Low I ncome, a status that lasts for one year. Senior Citizen -Primary account holder can request eligibility through ATM call center or web-site. Customer provides primary SSN which is verifred through Social Security Administration. And account holder that is or turns 65 years old in that year becomes eligible. Funding Initial program funding will be at two million dollars ($2,000,000). Atmos Energy shareholders will contribute one million dollars ($1,000,000.00) to this initiative annually with ratepayers providing one million dollars ($1,000,000.00) per year. It is proposed that the program operate on an October 1 through September 30 year, with benefits being capped at the two million dollar level for the initial program period. Administration: A third-party administrator will coordinate qualification of customers, voucher distribution, subsequent verification and reimbursement of eligible expenditures and general program administration. Program administration expenses will be funded from the annual approved budget. Program audits will be conducted and the results provided to any interested party within 120 days of the end of each program year to determine effectiveness. ATTACHMENT B TARIFF FOR GAS SERVICE ATTACHMENT B ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: TABLE OF CONTENTS APPLICABLE TO: Entire System REVISION DATE: February 1, 2008 EFFECTIVE DATE: PAGE: 1 OF 1 February 1, 2008 I. UTILITY OPERATIONS 11. CITIES AND COUNTIES SERVED III. DEFINITIONS IV. GAS SERVICE RATES & RIDERS Rate R -Residential Sales Rate C -Commercial Sales Rate I -Industrial Sales Rate T -Transportation Rider CT -Competitive Transport Rider GCR -Gas Cost Recovery Rider FF -Franchise Fee Adjustment Rider SUR --Surcharges Rate LEP -Line Extension Policy Rate M -Miscellaneous Charges Rider RA -Retention Adjustment Rider TAX -Tax Adjustment Rider WNA -Weather Normalization Adjustment Rider RRM -Rate Review Mechanism Rider CEE -Conservation and Energy Efficiency V. SERVICE RULES AND REGULATIONS TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: Rate R -Residential Sales APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 1 OF 1 February 1, 2008 RATE R -RESIDENTIAL SALES Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 10.69 per month Commodity Charge -All Mcf $1.2710 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part {a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: Rate C -Commercial Sales APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 1 OF 1 February 9, 2008 RATE C -COMMERCIAL SALES Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 3,000 Mcf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge Amoun# Customer Charge per Bill $ 20.28 per month Commodity Charge -All Mcf $ 0.7104 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: Rate I -Industrial Sales APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 1 OF 2 February 7, 2008 RATE I -INDUSTRIAL SALES Application Applicable to Industrial Customers with a maximum daily usage {MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 344.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.2200 per MMBtu Next 3,500 MMBtu $ 0.1600 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0493 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: Rate I -Industrial Sales APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 2 OF 2 February 1, 2008 Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: Rate T -Transportation APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 1 OF 2 February 1, 2008 RATE T -TRANSPORTATION Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 344.75 per month First 0 MMBtu to 1,500 MMBtu $ 0.2200 per MMBtu Next 3,500 MMBtu $ 0.1600 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0493 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b} of Rider GCR. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RATE SCHEDULE: Rate T -Transportation APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 2 OF 2 February 1, 2008 Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMf3tu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider GCR -Gas Cost Recovery APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 1 OF 3 October 1, 2008 Rider GCR -Gas Cost Recovery Applicable to Rate R, Rate C, and Rate I for all gas sales made by Company, and applicable to Rate R, Rate C, Rate I, and Rate T for recovery of Pipeline System costs. The total gas cost recovery amount due is determined by adding the gas cost calculated in Section (a) below and the pipeline cost calculated in Section (b) below. The amount due for gas cost (Section (a)) is determined by multiplying the Gas Cost Recovery Factor {GCRF} by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on an Mcf basis. For Customers receiving service under Rate I, monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to recover actual costs. The amount due for pipeline cost (Section (b)) is determined by multiplying the Pipeline Cost Factor (PCF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on an Mcf basis. For Customers receiving service under Rate I and Rate T, monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to recover actual costs. {a) Gas Cost Method of Calculation The monthly gas cost adjustment is calculated by the application of a Gas Cost Recovery Factor {GCRF), as determined with the following formula: GCRF =Estimated Gas Cost Factor (EGCF) + Reconciliation Factor (RF} + Taxes (TXS) + Adjustments (ADJ ) EGCF =Estimated cost of gas, including lost and unaccounted for gas attributed to residential, commercial, and industrial sales, and any reconciliation balance of unrecovered gas costs, divided by the estimated total residential, commercial, and industrial sales. RF =Calculated by dividing the difference between the Actual Gas Cost Incurred, inclusive of interest, over the preceding twelve-month period ended June 30 and the Actual Gas Cost Billed over that same twelve-month period by the estimated total residential, commercial, and industrial sales for the succeeding October through June billing months. Actual Gas Cost Incurred =The sum of the costs booked in Atmos Energy Corp., Mid-Tex Division account numbers 80o through 8i3 and 858 of the NARUC Uniform System of Accounts, including the net impact of injecting and withdrawing gas from storage. Also includes a credit or debit for any out-of-period adjustments or unusual or nonrecurring costs typically considered gas costs and a credit for amounts received as Imbalance Fees or Curtailment Overpull Fees. Actual Gas Cost Billed =EGCF multiplied by the monthly volumes billed to Residential, Commercial and Industrial Sales customers, less the total amount of gas cost determined to have been uncollectible and written off which remain unpaid for each month of the reconciliation period. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider GCR -Gas Cost Recovery APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 2 OF 3 October 1, 2008 Any amount remaining in the reconciliation balance after the conclusion of the period of amortization will be maintained in the reconciliation balance and included in the collection of the next RF. Atmos Energy shall file annual reports with the Commission, providing by month the following amounts: Gas Cost Written Off. Margin Written Off, Tax and Other Written Off, Total Written Off, Gas Cost Collected and Margin Collected. TXS =Any statutorily imposed assessments or taxes applicable to the purchase of gas divided by the estimated total residential, commercial, and industrial sales. ADJ =Any surcharge or refund ordered by a regulatory authority, inclusive of interest, divided by the estimated total residential, commercial, and industrial sales. (b) Pipeline Cost Method of Calculation Each month, a Pipeline Cost Factor (PCF) is calculated separately for each Pipeline Cost Rate Class listed below. The formula for the PCF is: PCF = PP / S, where: PP = (P - A) x D, where: P =Estimated monthly cost of pipeline service calculated pursuant to Rate CGS D =Pipeline service allocation factor for the rate class as approved in the Company's most recent rate case, as follows: Pi eiine Cost Rate Class Allocation Factor D Rate R -Residential Service .634783 Rate C -Commercial Service .302805 Rate I -Industrial Service and Rate T -Trans ortation Service .062412 A =Adjustment applied in the current month to correct for the difference between the actual and estimated pipeline cost revenue of the second preceding month, calculated by the formula: A = R - {C - A2), where: R =Actual revenue received from the application of the PP component in the second preceding month. C =Actual pipeline costs for the second preceding month. A2 =The adjustment (A) applied to the PP component in the second preceding month. S =Estimated Mcf or MMBtu for the rate class for the current billing month. The PCF is calculated to the nearest 0.0001 cent. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider GCR -Gas Cost Recovery APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 3 OF 3 October 1, 2008 The Pipeline Cost to be billed is determined by multiplying the Mcf or MMBtu used by the appropriate PCF. The Pipeline Cost is determined to the nearest whole cent. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider WNA -Weather Normalization Adjustment APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 7 OF 3 November 7, 2008 RIDER WNA -Weather Normalization Adjustment Provisions for Adjustment The base rate per Mcf (1,000,000 Btu) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential, and commercial bills based on meters read during the revenue months of November through April. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Mcf by the following formula: (HSFi x (NDD-ADD) ) WNAFi - Ri (BLi + (HSFi x ADD) } Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Mcf Ri - base rate of temperature sensitive sales for the ith schedule or classification approved by the entity exercising original jurisdiction. HSFi = heat sensitive factor for the ith schedule or classification calculated as the slope of the linear regression of average sales per bill (Mcf) and actual heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. NDD = billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli - base load sales for the ith schedule or classification calculated as the y- intercept of the linear regression of average sales per bill (Mcf) and actual heating degree days by month for the test year by schedule or classification TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider WNA -Weather Normalization Adjustment APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 2 OF 3 November 1, 2008 and weather station as part of the RRM filing. The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNA; = WNAF; x q;; Where q;~ is the relevant sales quantity for the jth customer in ith rate schedule. Filings with Entities Exercising Original Jurisdiction As part of its annual RRM filing the Company will file (a} a copy of each computation of the Weather Normalization Adjustment Factor, (b) a schedule showing the effective date of each such Weather Normalization Adjustment, (c) a schedule showing the factors of values used in calculating such Weather Normalization Adjustment and (d) a random sample and audit of thirty (30) actual customer bills, with customer information deleted, for each rate schedule or classification to which the WNA was applied in the preceding 12 month period. To the extent that source data is needed to audit the WNA application, such data will be provided by the Company as part of the annual RRM filing. If the RRM is discontinued, as provided in the Rider RRM tariff, the information required herein to be filed with the entities exercising original jurisdiction shall be filed on March 1 of each year. Base UselHeat Sensitivi HSF Factors Residential Commercial Base use HSF Base use HSF Weather Station Mcf Mcf/HDD Mcf Mcf/HDD Abilene 1.14 .0131 8.11 .0631 Austin 1.31 .Ol 36 18.05 .0669 Dallas 1.57 .0185 18.08 .0925 Waco 1.20 .013 8 10.97 .0606 Wichita Falls 1.27 .0147 11.58 .0581 TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., M!D-TEX DIVISION RIDER: Rider WNA -Weather Normalization Adjustment APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 3 OF 3 November 1, 2008 Sample WNAF1 Calculation: (.0131 x (30-17} } .1533 per Mcf = 1.2267 x (1.14 + (.0131 x 17) ) Where i - Residential Single Block Rate Schedule Ri -- 1.2267 per MCF (Rate R -Final Order GLTD No. 9670} HSFi = .0131 (Residential -Abilene Area} NDD - 30 HDD (Simple ten-year average of Actual HDD for Abilene Area - 9/15/06 - 10/ 14/06) ADD = 17 HDD (Actual HDD for Abilene Area - 9/15/06 - 10/14/06) Bli = 1.14 Mcf (Residential -Abilene Area) TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider RRM -Rate Review Mechanism APPLICABLE TO: Entire Mid-Tex Division REVISION DATE: EFFECTIVE DATE: PAGE: 1 of 5 February I, 2008 RIDER RRM -- RATE REVIEW MECHANISM Pu ose: This mechanism is designed to provide annual earnings transparency. If, through the implementation of the provisions of this mechanism, it is determined that rates should be decreased or increased, then rates will be adjusted accordingly in the manner set forth herein. The rate adjustments implemented under this mechanism will reflect annual changes in the Company's cost of service and rate base. This adjustment will be authorized for an Initial Implementation Period. With the conclusion of the final rate adjustment, if any, for the Initial Implementation Period, each entity having original jurisdiction may revoke, amend, or approve Subsequent Implementation Period(s) for, the mechanism. Definitions a) The Annual Evaluation Date shall be the date the Company will make its annual filing under this mechanism. The Annual Evaluation Date shall be no later than March 1, of each year. This filing shall be effective in electronic form where practicable. The initial filing shall be made March 31, 2008. b) Audited Financial Data shall mean the Company's books and records related to the Company's Mid- Tex operating area and shared services operations. Audited Financial Data shall not require the schedules and information provided under this tariff to undergo a separate financial audit by an outside auditing firm similar to the Company's annual financial audit. c) The Evaluation Period is defined as the twelve month period ending December 31, of each calendar year. The initial Evaluation Period shall be calendar year 2007. d} The Rate Effective Period is defined as the earlier of the twelve month period for which rates determined under this mechanism will be in effect or subsequent rates are implemented. e) Per Connection Basis is defined as the average number of connections during the Evaluation Period. f) Initial Implementation Period is defined as the three (3) year period commencing with the Company's filing under this mechanism for the calendar year 2007, effective October 1, 2008, and shall conclude with the implementation of rate adjustments, if any, for the third Rate Effective Period. g) Subsequent Implementation Period is defined as any three (3) year period after the conclusion of the Initial Implementation Period. h) Final Order is defined as the most recent order establishing the Company's latest effective rates for the area in which the mechanism is implemented, and shall include municipal rate ordinances and resolutions. Rate Review Mechanism The Company shall file with each regulatory authority having original jurisdiction over the Company's rates the schedules specified below for the Evaluation Period, with the filing to be made by the Annual TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider RRM -Rate Review Mechanism APPLICABLE TO: Entire Mid-Tex Division REVISION DATE: EFFECTIVE DATE: PAGE: 2 of 5 February 1, 2008 Evaluation Date following the end of the Evaluation Period. The schedules, which will be based upon the Company's Audited Financial Data, as adjusted, and provided in the same format as Atmos' rate filing with municipalities on September 20, 2007, will include the following: a) Company's actual gross plant in service, accumulated depreciation, accumulated deferred income taxes, inventory, working capital, and other rate base components. The ratemaking treatments, principles, findings and adjustments included in the Final Order will apply. Regulatory adjustments due to prior regulatory rate base adjustment disallowances will be maintained where applicable. Cash working capital will be calculated using the lead/lag days approved in the Final Order. b) The Company's depreciation expense, operating and maintenance expense, income taxes, and taxes other than income taxes. Depreciation rates will be those approved in the Final Order, or the rate most recently approved. All calculation methodologies will be those approved in the Final Order, or in the most recent order addressing the methodology. In addition, the Company shall exclude from operating and maintenance expense the type of expenses related to employee expense accounts disallowed in the GUD No. 9670 Final Order. c) Return on Equity (ROE) shall be maintained at 9.6%. d) Cost of debt will reflect actual cost. Capital structure will be the actual Evaluation Period ending ratio of long-term debt and equity, with percentage equity not to exceed the percentage established in the Final Order in G.U.D. No. 9670 (48.1% equity). e) All applicable accounting and pro forma adjustments along with all supporting workpapers. f) Pro-forma adjustments to update and annualize costs and revenue billing determinants for the Rate Effective Period. g) Pro-forma or other adjustments required to properly account for atypical, unusual, or nonrecurring events. h) Shared Services allocation factors may be recalculated each year based on the latest component factors, but the methodology used will be that approved in the Final Order. Calculation of Rate Ad'usl tment a) The Company ,shall provide additional schedules indicating the following revenue deficiency/sufficiency calculations using the methodology accepted in the Final Order. These schedules shall identify the rate adjustments necessary for both atrue=up of revenue for the Evaluation Period and the setting of prospective rates for the Rate Effective Period. The net result of these rate adjustments shall be reflected in the proposed new rates to be established for the Rate Effective Period. In calculating the required rate adjustments, such adjustments will be made pro- ratably to the customer charge and usage charge based upon actual revenue generated, as adjusted under the Company's approved Weather Normalization Adjustment (WNA) Rider. Provided, TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider RRM -Rate Review Mechanism APPLICABLE TO: Entire Mid-Tex Division REVISION DATE: EFFECTIVE DATE: PAGE: 3 of 5 February 1, 2008 however, that neither the Residential nor the Commercial customer charges may increase more than 20% per year. b) If Company's earnings during the Evaluation Period exceed 9.6% return on common equity, the Company shall calculate an adjustment to rates to refund the revenue required to achieve a return on equity of 9.6% for the Evaluation Period. If Company's earnings during the Evaluation Period are below 9.6% return on common equity, the Company shall calculate an adjustment in rates to collect the additional revenue required to increase its return on equity for the Evaluation Period to 9.6%. The Company will calculate an adjustment for the Rate Effective Period to refund or collect this difference. c) The Company will adjust rates for the Rate Effective Period to include recovery of any known and measurable changes to operating and maintenance costs including, but not limited to, all payroll and compensation expense, all benefit expense, all pension expense, insurance costs, materials and supplies, bad debt costs, all medical expense, transportation and building and lease costs for the Rate Effective Period. Additionally, utility plant for the Rate Effective Period will be established by using the Evacuation Period ending balances, including associated changes in depreciation and amortization expense and taxes. In calculating the Company's known and measurable changes for prospective RRM adjustment purposes, the following limitations will apply, on a Per Connection Basis. l . Operating and Maintenance expenses for the Rate Effective Period, cannot increase more than 5% per connection per year without specific identification and justification. The beginning Operation and Maintenance expense for the 2007 RRM filing (the initial filing) wilt be $161 million. 2. Net plant investment for the Rate Effective Period cannot increase more than 5% per connection per year without specific identification. However, in performing a cap test to verify compliance, Company shall exclude any changes in net plant investment associated with federal, state, or local mandates related to safety, compliance, or road moves. d) The Company also shall provide a schedule demonstrating the "proof of revenues" relied upon to calculate the proposed rate for the Rate Effective Period. The proposed rates shall conform as closely as is practicable to the revenue allocation principles approved in the Final Order. Attestation A sworn statement shall be filed by the Company's Chief Officer in Charge of Mid-Tex Operations affirming that the filed schedules are in compliance with the provisions of this mechanism and are true and correct to the best of his/her knowledge, information and belief. No testimony shall be filed. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider RRM -Rate Review Mechanism APPLICABLE TO: Entire Mid-Tex Division REVISION DATE: EFFECTIVE DATE: PAGE: 4 of 5 February 1, 2008 Evaluation Procedures The regulatory authority having original jurisdiction over the Company's rates shall have ninety (90) days to review the Company's filed schedules. The Company will be prepared to provide supplemental information as may be requested to ensure adequate review by the relevant regulatory authority. The Company shall not unilaterally impose any limits upon the provision of supplemental information and such information shall be provided within ten (10) working days of the original request. The regulatory authority may propose any adjustments it determines to be required to bring the schedules into compliance with the above provisions. During and following the ninety (90) day review period and a thirty (30) day response period, the Company and the regulatory authority will work collaboratively and come to agreement on, the proposed adjustments to the Company's schedule and proposed rates. Once agreement has been reached by the Company and the regulatory authority, the regulatory authority shall authorize an increase or decrease to the Company's rates so as to achieve the revenue levels indicated for both the Evaluation Period and Rate Effective Period. lf, at the end of the thirty (30) day response period, the Company and the regulatory authority have not reached agreement on the proposed adjustments, the Company shall have the right to appeal the regulatory authority's action or inaction to the Railroad Commission of Texas. Upon the filing of any appeal, the Company shall have the right to implement the proposed RRM rate adjustment, subject to refund. If approved by the entity exercising original jurisdiction, the rates established pursuant to the Rate Review Mechanism for the first Rate Effective Period shall be effective on October 1, 2008. Thereafter, rates established pursuant to the Rate Review Mechanism for subsequent Rate Effective Periods, if approved as provided herein, shall be effective on July 15 of each year. Reconsideration and Appeal Orders issued pursuant to this mechanism are ratemaking orders and shall be subject to appeal under Sections 102.001(b) and 103.021, et seq., of the Texas Utilities Code (Vernon 2007). Notice Notice of the annual Rate Review Mechanism filing shall be provided to all affected customers of the Atmos Mid-Tex Division in accordance with the provisions of this section no later than forty-five (45) days after the Company makes its annual filing pursuant to this tariff. Company may provide notice either by mailing or otherwise delivering the notice with its billing statements. Notice by mail shall be presumed to be complete three days after the date of deposit of the paper upon which such notice is written, enclosed in a post-paid, properly addressed wrapper, in a post office or official depository under the care of the United States Postal Service. The notice to customers shall include the following information: a) a description of the proposed revision of rates and schedules; b) the effect the proposed revision of rates is expected to have on the rates applicable to each customer class and on an average bill for each affected customer; TARIFF FOR GAS SERVICE ~ ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider RRM -Rate Review Mechanism APPLICABLE TO: Entire Mid-Tex Division REVISION DATE: EFFECTIVE DATE: PAGE: S of 5 Februar 1, 2008 c) the service area or areas in which the proposed rate adjustment would apply; d) the date the proposed rate adjustment was filed with the regulatory authority; and e) the Company's address, telephone number and website where information concerning the proposed rate adjustment may be obtained. TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID-TEX DIVISION RIDER: Rider CEE -Conservation & Energy Efficiency APPLICABLE TO: Entire System REVISION: DATE: EFFECTIVE DATE: PAGE: 1 OF 1 February 1, 2008 RIDER CEE -Conservation & Energy Efficiency Purpose Atmos Energy Mid-Tex is proposing to institute a complete Conservation & Energy Efficiency program which will offer assistance to qualified customer segments in reducing energy consumption and lowering energy utility bills. The proposal is one where Atmos Energy shareholders will fund a percentage of the allowable expenses incurred annually, with a customer rate component providing the remainder of the funding. Following is ahigh-level, concept summary of the proposal. Atmos Energy Mid-Tex Division proposes to work with the communities it serves to develop the details of a new tariff and programs addressing conservation and energy efficiency. Synopsis: Voucher system to provide free energy savings materials and supplies to qualifying customers of Atmos Mid-Tex. Qualified Customers will receive up to two hundred dollars ($200.00} worth of caulking, weather-stripping, sheathing, sealing, water heater blankets, and like materials, other energy saving devices such as clock-thermostats, set-back devices ("covered items") from approved suppliers /retailers. Company will undertake efforts to enlist support from community groups, including its own Employee Action Program, to assist customers with installation. If it is determined that professional installation capabilities are necessary, the parties will agree on labor assistance amounts. Eligibility Low Income -- Low-income rate-payers that qualify for heating bill assistance through LIHEAP agencies and all agencies that distribute Atmos "Share the Warmth" funds. Agencies that allocate assistance funds denote customer as Low Income, a status that lasts for one year. Senior Citizen -Primary account holder can request eligibility through ATM call center or web-site. Customer provides primary SSN which is verifred through Social Security Administration. And account holder that is or turns 65 years old in that year becomes eligible. Funding Initial program funding will be at two million dollars ($2,000,000). Atmos Energy shareholders will contribute one million dollars {$1,000,000.00) to this initiative annually with ratepayers providing one million dollars ($1,000,000.00) per year. It is proposed that the program operate on an October 1 through September 30 year, with benefits being capped at the two million dollar level for the initial program period. Administration: A third-party administrator will coordinate qualification of customers, voucher distribution, subsequent verification and reimbursement of eligible expenditures and general program administration. Program administration expenses will be funded from the annual approved budget. Program audits will be conducted and the results provided to any interested party within 120 days of the end of each program year to determine effectiveness. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-11-2008 Presented by: Agenda No. F.5 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-11-2008 Presented by: Agenda No. G.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND iiILLS Department: Communications Presented by: Mayor Pro Tem Suzy Compton Subject: Announcements -Mayor Pro Tem Compton Announcements The North Richland Hills Fire Department i the use of Automated External Defibrillators 5 p.m. on February 15t" and 6 to 10 p.m. on more information, please call 817-427-6900. Council Meeting Date: 2-11-2008 Agenda No. G.1 offering classes each month in CPR and Upcoming classes are scheduled from 1 to March 4t". The cost is $25 per person. For The City of North Richland Hills invites local businesses to compete and have fun in the Companies in Action program presented by HealthMarkets. Activities begin with a dodgeball tournament on February 16t". For registration information, please contact the Parks & Recreation Department at 817-427-6600. Early voting for the March 4t" Republican and Democratic Primary Elections will be held February 19t" through 29t". In North Richland Hills early voting will take place at the NRH Recreation Center, 6720 NE Loop 820. Early voting will also take place at several other locations in Tarrant County. For voting times, locations and more information, visit www.tarrantcounty.com/evote or call 817-831-VOTE. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Officer Rick Dena, Police Department A call was received from along-time resident expressing gratitude for the caring, resourceful and compassionate way Officer Dena responded to a 911 call from a neighbor. As a resident since 1979, the caller said he has always had the utmost respect, regard and admiration for the NRHPD and Officer Dena is a fine example of an outstanding organization. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-11-2008 Presented by: Agenda No. G.2 Subject: Adjournment