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Home My WebLink AboutCC 2007-09-24 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, September 24, 2007 6:00 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2007-109 Police Department Public Service Announcement (5 Minutes) A.3 IR 2007-111 Tarrant Appraisal District Board of Directors -Upcoming Election (5 Minutes) A.4 IR 2007-110 Update on Drilling Activities at Graham Ranch (20 Minutes) A.5 Executive Session: Deliberation Regarding Economic Development Negotiations as Authorized by Section 551.087 - 6625 Iron Horse Boulevard A.6 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on September 21, 2007 at '. _ ~ ~.. ~ ~ ~ Ass swat t 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. CITY OF NORTH RICHLAND HILLS CITYCOUN IL AGENDA CITY HALL COU CIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, September 24, 2007 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: o Library on the Friday prior to the meeting (available electronically) ^ 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) 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 September 10, 2007 City Council Meeting B.2 GN 2007-083 Approve Cancellation of November 26, 2007 and December 24, 2007 City Council Meetings B.3 PU 2007-045 Award Bid for the Publication of the "Discover" Parks and Recreation Brochure to Mac Direct in the Amount of $33,994.20. B.4 PU 2007-046 Authorization to Reject Bids for the Harwood Road Entry Sign B.5 GN 2007-085 Amend Article II, Section 22-31 of the Code of Ordinances -Emergency Management Organization -Ordinance No. 2952 B.6 PU 2007-044 Authorize Contract Renewal with Hard Kountry Concrete as primary contractor and Patco Utilities, Inc. as secondary contractor for the miscellaneous concrete improvements -Resolution No. 2007-054 C.0 PUBLIC HEARINGS No items for this category. 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 2007-016 Approve a Designated No Parking Zone for the East Side of Vance Rd. from Boulevard 26 to Glenview Dr., daily, from 8:OOam to 8:OOpm -Ordinance No. 2951 F.0 GENERAL ITEMS F.1 GN 2007-082 Authorize the City Manager to Execute a Professional Services Agreement with la terra studio, inc. in the amount of $26,800 for Professional Landscape Architectural Services related to the Library Park Plaza Project -Resolution No. 2007-055 F.2 PU 2007-043 Authorize Payment to Motorola for Radio Maintenance Agreement - Resolution No. 2007-053 F.3 GN 2007-084 Consider Amendment to Chapter 104 Gas Well Drilling and Production - Ordinance No. 2953 F.4 GN 2007-087 Approve Interlocal Cooperation Agreement with the North Central Texas Council of Governments for Operation of Commuter Rail Service (Trinity Rail Express) • F.5 GN 2007-086 Appointment of Chairman to Reinvestment Zone No. 1 and Chairman to Reinvestment Zone No. 2 F.6 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda F.7 INFORMATION AND REPORTS: IR 2007-112 Update on Gas Drilling at Graham Ranch F.8 INFORMATION AND REPORTS -Councilman Lewis F.9 Adjournment All items on the agenda are for discussion and/or action. ('artifir_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 September 21, 2007 at '.L~ ~~~~, ., ~, ~~ ~ ~ ~ Ash st 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. 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, September 24, 2007 6:00 P.M. A.1 Discuss Items from Re ular City Council Meeting A.2 IR 2007-109 Police Department Public Service Announcement (5 Minutes A.3 IR 2007-111 Tarrant Appraisal District Board of Directors -Upcoming Election (5 Minutes A.4 IR 2007-110 Update on Drilling Activities at Graham Ranch X20 Minutest A.5 Executive Session: Deliberation Re~ag rdinq Economic Development Ne otiations as Authorized by Section 551.087 - 6625 Iron Horse Boulevard A.6 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-24-2007 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007-109 ,= Date: 09/24/2007 ~~ ~. ' Subject: Police Department Public Service Announcement As the Police Department continues to build on its partnership with our community, one of the innovative initiatives planned is the broadcast of a public service announcement (PSA), titled "Wouldn't It Be Great." This PSA utilizes the concept of neighbor helping neighbor and promotes the awareness of many different types of crime prevention strategies designed to make our community a safer place. Viewers are also encouraged to visit the Police Department's website as another important tool designed to provide communication with our citizens, business and visitors. Citicable will broadcast the PSA on Charter Cable Channel 27 as well as other venues throughout the City including the District Community Meetings. The "Wouldn't It Be Great" PSA will focus on educating our citizenry on how the Police Department and the citizens working together can help make the City of North Richland Hills an even safer place to live, work, and play. We wanted to take a few minutes at the Council work session to show this to Council as we want to begin using it very soon. Respectfully submitted, ,-, ~. ~~ r' Jimmy Perdue Chief of Police .- ~~,, .~ ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007-011 r Date: September 24, 2007 -~~..~ ~~. Subject: Tarrant Appraisal District Board ofDirectors-Upcoming Election John R. Marshall, Executive Director, Chief Appraiser of the Tarrant Appraisal District (TAD) has informed all affected taxing entities that the terms of service (two years) of the five member Board of Directors will expire December 31, 2007 and it is time to begin the process of conducting an election of the board (see attached letter). Each eligible taxing unit is allotted its share of 5,000 votes based on the 2006 adjusted tax levy imposed by the taxing entity. The City of North Richland Hills has been allocated 45 votes which may be cast collectively or separately for any nominee or nominees. Entities may nominate one candidate for each of the five positions to be filled, but are not required to make any nominations. Eligibility requirements are included in the letter from Mr. Marshall. The following are the steps in the election process: 1. Nominations for the board must be made in an open meeting of the City Council in the form of a resolution by October 14, 2007. If Council chooses to nominate one or more individuals to the board, action will be necessary by the October 8, 2007 Council meeting. 2. TAD will distribute ballots listing all nominees submitted by eligible taxing units by October 29, 2007. 3. Council would submit votes for the nominee(s) of their choice via resolution by December 14, 2007 and the five nominees receiving the largest cumulative vote totals are elected. Board members would then take office for atwo-year term beginning January 1, 2008. In 2005, the City of North Richland Hills nominated and later cast all votes for incumbent John H. Clanton. Mr. Clanton received enough votes for reelection. According to the Tarrant Appraisal District, all five incumbents are willing to serve another term on the board. Mr. Clanton resides in NE Tarrant County. At this point, staff from other cities are asking their councils for direction so no one was willing to commit on who they may or may not nominate. Attached is a biography for Mr. Clanton from the previous TAD board election. We need direction from you if you would like to submit individual(s) for nomination. Based on Council direction, a resolution will be prepared for the October 8, 2007 Council agenda. Respectfully Submitted, Karen Bostic, Managing Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ .> TARRANT APPRAISAL. DISTRICT 2500 Handley-~dervl~le Road • Fart Wath, Texas 78118.6909 • (81T} 284.0024 September 10, 2007 Mr. Oscar Trevino Mayor City of N. Iticlnland Hills I'. 0. Box 820G0~ N. kichIand Hills, Texas 76063 Dear IVLr. Trevino John R, Marshal! EM~cr~llw ~Mktor ChNI ApprrtMr The tams of service for our five members of the Board of Directors will expire on Dcccrnber 31, 2007 and it is time to begin the process ofconductinb au election. $ascd on the amount of the 2005 adjusted tax levy unposed by each eligible taxing unit, we have. calculated the number of votes for your entity. The enclosed list will provide you wifii that information, The first step in the procedure is the nomination of candidates. Each voting unit may nominate one candidate for each of the five positions to be filled. You are not required to make any nomination or you may nominate any number up to five. The County Tax Assessor/Collector is a member of the Board of Directors by law. ded in the In order to be eligible to serve as directors, the 200? nominees must have rest Tarrant Appraisal District for at least two years prior to January 1, 2008. They may serve on the governing body of a taxing unit in flee Tarrant Appraisal District and still be eligibly to serve as a Director. However, an errs to ee of a taxing unit is prohibited from sensing as a Director unless that employee is also an elected official of floe governing body. A Director may not be slated to a person who is in the business of appraising property for property tax purposes or represents property owners in praceerlings un the appraisal district or who is employed by the appraisal district. A person is inrrligihle to serve as a director if he, or a business in which he has a substantial interest, enters into a contract with the appraisal district ar enters into a contract with a faxing unit in the district, if tlrat contract relates to the performance of an activity governed by Title I of the Texas Property Tax Code (tor example, appraising property for tax purposes or determining eligibility for exemptions}, A substantial interest exists wIrcrc the person and spouse have a combined ownership of at least 10% of the voting stock or shares of a business, or Leper to Taxing Units Election of Board of Directors September 10, 2007 Page 2 either of Them is a partner, limited partner or an officer. If you Dave questions concerning the qualifications of nominees tar a Board position, please call the undersigned. The nominations far Directors, which must be made in an open meeting of your taxing unit, should be submitted by the presiding officer to the Clvef Appraiser in the form of a resolution adopted by tl.e governing body by October 14, 2007, giving the names and addresses of the nominees. A currcat resume or vita is also Helpful. The appointment calendar is as follows By October 14, 2007 By October 29, 2007 By December 14, 2007 By Dceelnber 31, 2007 January 1, 2008 Nominations by resolution Ballots listing nominees delivered to Presiding Officer Cntity submits votes by resolution to Chief Appraiser rive (S) nominees receiving largest cumutativc vote totals are elected Board takes ofTice for ttivo year tcrni The duties of tl~e )3aard are outlined in Chapter b, Texas Property Tax Colo. If you have any questions, do not hesitate to call the undersigned. Sincerely, 3o arshal~l Exec ive Director Chief Appraiser Jltlvi:mni Encl. Board of Directors Tarrant Appraisal District 200b - 2007 Joe Potthoff, Chairman ~~ahn Clanton, Secretary 1~ohn Eubanks, Member Sohn Molyneaux, Member 1'Iarald Patterson, Member Betsy Price, Non-Voting Member TARRANT APPRAISAL DISTRICT 2007 CALCl1LATI0N OF TAXING ENTITY YOTI;S FOR BOARD OF DIRECTORS Per Sectlo» 6.03 (dy of Texas Property Tax Code Sasad on 8aptarnbar, 20D6 Taxaa knposed and Par H81010 2008 TAXES % OF 2007 TAXIN4 ENTITY 1f4Pl2SEf1 TOTAL ] CQIES SCHOOLS: Aludo ¢ 739,998 0.02933'6 1 Arlingian ; 304,980,771 12.0889946 604 Axle S 15,393,465 0.61007% 31 Blydv0l^ ; 109,158,581 4.D883846 204 f3urieson S 11,491,333 0.4554276 23 Canroil S 77,853,222 3.08944% 154 Castleberry ; 8,498,781 0.25756% 13 Crowioy ; 84,304,237 2.54850'6 127 Eagle MountalnlSaglnaw ; 75,850,819 3.00811'6 150 Everman ; 11,772,973 0.48859'6 13 Fort Worth 5 326,346,538 12.93376'6 847 Godley ; 372,334 0.0147x'6 1 GrapevinalCalleyvllle ; 141,851,888 5.61418X 281 FlurstRuleaaJF3cdfard ; 123,652,808 4.8006046 245 Kellor ; 135,079,250 ti.35346Y. 288 Kcnncd~e ; t4,104,29D 0.55898'6 28 Lake Worth S 10,807,740 0.42833'6 21 Lewisville S 1,298,470 0.0513846 3 Mansfield S 111,389,805 4.41380'6 221 Northwest ; 49,178,822 1.94909'6 9T White SeWrrmrint f 19,975,580 0.79187'6 40 ~~ TOTAL SCHOOLS S 1,806,988,263 89.84840% 3,182 CITIES: ' Arllnflton ; 108,708,584 4.30834'6 ?15 Arlo ; 3,716,284 0,14728"/. T Bedford ; 12,937,506 0.51274% 28 Benbrook : 8,413,927 0.33348% 17 81uo Mound i 422,518 OA1675'6 1 Burleson ; 2,499,215 OA9905`6 5 ColleyvDle ; 10,724,534 OA2503°6 21 Crowley ; 3,115,725 0.12348°6 6 Dalworthington Gardens ; 718,858 OA2849'6 1 EdgacllfiYlilaga ; 499,828 0.01481'6 1 Euless ; 12,040,187 0.47718'6 24 Everman ; 1,221,465 0.04841'6 2 Flower Mound ; 358,270 0.01424'6 1 Forest Hill i 3,568,413 0.14142'6 7 Fort Worth S 288,372,278 11.42878'/° 511 Grand Prairie ; 2fi,564,987 1.01319°~ 51 t3rapevlne ; 19,093,426 0.75671'/° 38 Haltom City S 8,715,610 D.34542°6 11 H$glet ; 1,264,449 D.D5011°6 3 Hurst"~ ~ ; ~ _ 11,43a,6z0 D. 5302 ~ 23 Koller ; 13,852,850 0.54902°6 21 Kennedala i 2,826,220 0.1120146 B Lakas(da i 255,182 0.0101146 1 Lake Worth ; 1,125,207 0.04459% 2 M~:field S 23,988,984 0.94986'6 47 Narth Rkhland Hilla ; 22,875,187 0.9065946 45 Pantego ; 893,982 0.0354346 2 Pellw» Bay ; 224,484 0.0089046 0 Reno S 21,853 0.0008776 0 Richland Hills S 1,827,882 0.07244'6 4 River Oaks t 1,703,911 0,66753% 3 Romrake S 192,118 0.007131°6 0 Saginaw S 5,081,&35 0.2014096 10 Sansom Park S 488,241 0.01935°6 1 Sauthlaka S 19,603,697 0.77993°6 39 Traphy Club ; 290,317 0.01151'6 1 Watauga ; 5,829,457 0.2310376 12 Westover t181a ; 1,385,424 0,0553076 3 Wentworth Ylilage ; 438,350 0.01737'6 1 White Settlement ; 3,287,417 0.13029% 7 TOTAL CITIES ~ ~ ~ 629°588,088 ~ ~ 24.95102°/s ~ 1,248 OTHER: Tarrant County ; 287,861,072 11.40D58°l. 570 TOTAL OTHER ~ ; ~ ... 287,661,072 ...,."..r.... .,. 11.40058Ya .......~. 510 TOTAL ALL -~ 3 2,523 215403 100°6 S,OOD Biography Sohn Henry Clanton John Henry Clanton has been a resident of Tarrant County far 35 years. John has been President of the Hurst-Euiess•Bedford Independent School Distract Board of Trustees from May 8, 2001- 2003. He has served on the Board since May 1995 and his team expires in 2004. He served as Vice President from May b,1997 through May 8, 2001 when he became President. Currently he serves as Secretary of the Tarrant Appraisal Board of Directors. As a farmer educator, John has spent much of his time trying to improve the quality .of life in his community and in HEB schools through his professional and civic involvement in many organizations. He has served as President of the HEB Administrators Association, HEB Vocational Director, State Chair for Vocational Industrial Clubs of America, State President of Texas Industrial Vocational Association, President of HEB Retired School Employees Association and serves on the HEB Education Foundation. He has served as a United Way campus representative and HEB District Chair, President of the HEB SportsHall ofFame,Mid-Cities Optimist Club, Hurst Lions Club, City of Hurst Zoning Adjustment Board, Neighborhood Cancer Association Representative and was named Hurst Citizen of the Year. John is a native of Wichita Falls where he was born in 1931. He received a Bachelor of Science degree in history and speech from Midwestern University in 1957. He received a master's degree in educational administration and history from the University ofTexas at El Paso in 1964. John Henry Clanton is married to Patsy, his wife of 40 years. They have a daughter, Marci Meyer and two grandchildren, Ryan Gober and Heather Meyer. John Henry and Patsy live in Hurst. t INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007-110 Date: September 24, 2007 - ~~~~ :_ ~_ Subject: Update on Drilling Activities at Graham Ranch On Monday, October Stn Metroplex Barnett Shale Incorporated (a corporation combining the efforts of both Exxon Mobile and Harding Company will begin fracturing Graham Ranch #1. Fracturing makes small cracks in the rock to help the gas flow into the wellbore. Once the fracturing is complete, production at the site will begin. To prepare for this fracturing, truck traffic carrying needed equipment will increase to and from the drill site. The traffic will increase the week prior to October Stn and last for five to six days. Trucks will also be accessing the site the weekend prior to October Stn The trucks will follow city ordinances and only transport between 7 am and 7 pm on Saturday. The trucks will be cleaned prior to leaving the site to reduce debris on Hightower Drive. The fracturing will take five to six days to complete. After that, production at Graham Ranch #1 will begin. At the beginning of production some flaring will occur. The flaring will be directed to the ground, and into the fresh water tank/pond, will not be harmful to nearby residents. Metroplex Barnett Shale Incorporated will be contacting those residents before production begins to inform them about the production process. Metroplex Barnett Incorporated will begin drilling Graham Ranch #2 in early December. Graham Ranch #2 will meet all the current regulations in the Gas Drilling Ordinance. This item is being presented at both the Work Session and Regular Session to allow for questions from Council and to notify the public. Representatives from Metroplex Barnett Shale Incorporated will be making the presentation and answering questions. Respectfully Submitted, Ogden "Bo" Bass, AICP Assistant City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-24-2007 Presented by: Agenda No. A.5 Subject: Executive Session: Deliberation Regarding Economic Development Negotiations as Authorized by Section 551.087 - 6625 Iron Horse Boulevard CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-24-2007 Agenda No. A.6 Subject: Adjournment City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, September 24, 2007 1:00 P.M. A.0 Call to Order -Mayor Trevino A.1 Invocation -Councilman Turnage A.2 Pledge -Councilman Turnage A.3 Special Presentation(s~ and Recognitions) 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(s1 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 September 10, 2007 City Council Meeting B.2 GN 2007-083 Approve Cancellation of November 26, 2007 and December 24, 2007 CitYCouncil Meetings B.3 Recreation Brochure to Mac Direct in the Amount of $33,994.20. PU 2007-045 Award Bid for the Publication of the "Discover" Parks and B.4 PU 2007-046 Authorization to Reject Bids for the Harwood Road Entry Sign B.5 GN 2007-085 Amend Article II, Section 22-31 of the Code of Ordinances - Emer„gency Management Organization -Ordinance No. 2952 B.6 PU 2007-044 Authorize Contract Renewal with Hard Kountry Concrete as primary contractor and Patco Utilities, Inc. as secondary contractor for the miscellaneous concrete improvements -Resolution No. 2007-054 C.0 PUBLIC HEARINGS No items for this category. 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 2007-016 Approve a Designated No Parking Zone for the East Side of Vance Rd. from Boulevard 26 to Glenview Dr., daily, from 8:OOam to 8:OOpm - Ordinance No. 2951 F.0 GENERAL ITEMS F.1 GN 2007-082 Authorize the City Manager to Execute a Professional Services Agreement with la terra studio, inc. in the amount of $26,800 for Professional Landscape Architectural Services related to the Library Park Plaza Project - Resolution No. 2007-055 F.2 PU 2007-043 Authorize Payment to Motorola for Radio Maintenance Agreement - Resolution No. 2007-053 F.3 GN 2007-084 Consider Amendment to Chapter 104 Gas Well Drilling and Production -Ordinance No. 2953 F.4 GN 2007-087 Approve Interlocal Cooperation Agreement with the North Central Texas Council of Governments for Operation of Commuter Rail Service (Trinity Rail Ex ress F.5 GN 2007-086 Appointment of Chairman to Reinvestment Zone No. 1 and Chairman to Reinvestment Zone No. 2 F.6 Action on An r~ Item Discussed in Executive Session Listed on Work Session A~eq nda F.7 INFORMATION AND REPORTS: IR 2007-112 Update on Gas Drilling at Graham Ranch F.8 INFORMATION AND REPORTS -Councilman Lewis F.9 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-24-2007 Agenda No. A.0 Subject: Call to Order -Mayor Trevino CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-24-2007 Presented by: Councilman Scott Turnage Agenda No. A.1 Subject: Invocation -Councilman Turnage CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-24-2007 Presented by: Councilman Scott Turnage Agenda No. A.2 Subject: Pledge -Councilman Turnage CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-24-2007 Agenda No. A.3 Subject: Special Presentation(s) and Recognitions) CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-24-2007 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 NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-24-2007 Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-24-2007 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 NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-24-2007 Presented by: Agenda No. B.1 Subject: Approval of Minutes of September 10, 2007 City Council Meeting Recommendation: To approve the minutes of the September 10, 2007 City Council Meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 -SEPTEMBER 10, 2007 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 10th day of September, 2007 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 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Jim Starr Interim Assistant City Manager Ogden Bo Bass Assistant City Manager Karen Bostic Managing Director AdministrativelFiscal Services Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Mike Curtis Public Works Director Greg VanNeiuwenhuize Public Works Assistant Director Jo Ann Stout Neighborhood Services Director Thad Chambers Economic Development Director Andy Jones Fire Chief Drew Corn Budget Director Vickie Loftice Park and Recreation Director Dave Pendley Building Official 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 items discussed. A.2 IR 2007-105 Discuss Rescheduling /Cancelling November 26 and December 24 Council Meetings Patricia Hutson, City Secretary presented the item. The second Council meeting in November falls close to the Thanksgiving holidays and the second meeting in December is on Christmas Eve. In the past when Council meetings have fallen close to a holiday, Council has opted to cancel the meetings and directed staff to notify Council if any significant issues arise warranting a special meeting. A survey has been conducted with all departments to determine if there are any significant issues scheduled to be brought before Council on the second meeting dates in November and December. At this time there are no known issues scheduled for the meetings or any upcoming items that would be impacted by a change in the council meeting schedule. After brief discussion by the Council, the consensus was to cancel the November 26th and December 24th City Council meetings. A.3 IR 2007-106 Review of Median Openings for North Tarrant Parkway Mike Curtis, Public Works Director gave a brief update on the North Tarrant Parkway project, which is a joint project with the City of Keller. The consultant, Kimley-Horn and Associates, Inc. made their first submittal to the Texas Department of Transportation (TxDOT) earlier this summer. The first submittal, consisting of a Schematic of the project, provides an overview of the proposed layout of the new road, including the vertical alignment, lane configuration, intersections, and median openings. Mr. Curtis introduced Brad Tribble with Kimley-Horn. Mr. Tribble showed Council a map with the recommended changes and explained that Kimley-Horn has worked closely with both cities and the local TxDOT office to implement each city's access plan. The proposed schematic indicates ample access for the neighborhoods adjacent to North Tarrant Parkway. Within the North Richland Hill's stretch of the project Smithfield Road to Davis Boulevard); however, the design team encountered several instances where proposed median opening locations did not meet TxDOT's criteria. These locations will require a Design Exception from TxDOT, and may need to be removed from the project should TxDOT feel that an exception is not justified. After brief discussion and questions by the Council, the Council concurred with the update. A.4 IR 2007-107 Potential Ordinance Amendments Affecting Neighborhood Maintenance Jo Ann Stout, Neighborhood Services Director presented a PowerPoint presentation. An interest has been expressed from several citizens and council members to take a closer look at the enforcement of code violations affecting the general maintenance of our neighborhoods, as well as, the possibility of amending some of our current ordinances to address new concerns that appear to be arising in our City. There were several potential amendments which were discussed with the City Attorney to determine if a legal basis exists for their enforcement. List of possible amendments that were explored: • Directly draining of pool backwash on adjacent properties or onto a public street prohibited; • Repairing fences with similar materials; • Requiring no more than one vehicle on a residential property to be covered within public view; • Adding an escalation fee clause for repeat offenders; and • Requiring property owners to maintain trees, bushes or other vegetation in a manner that does not accelerate the spread of fire or hinder emergency personnel in their rescue operation. After brief discussion and questions by the Council, the consensus was for the Planning and Zoning Commission to review the amendments and to bring back to Council for further consideration. A.5 Adjournment Mayor Trevino announced at 6:45 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 September 10, 2007 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Suzy Compton John Lewis Ken Sapp Tim Barth David Whitson Mayor Mayor Pro Tem, Council Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff: Larry J. Cunningham Ogden Bo Bass Patricia Hutson Monica Solko George Staples City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney A.1 INVnCATION Mayor Pro Tem Compton gave the invocation. A.2 PLEDGE OF ALLEGIANCE To honor the Anniversary of the 9/11 tragedy, Mayor Pro Tem Compton led the pledge of allegiance with help from the NRH Fire Department color guard. Councilman Sapp sang God Bless America. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) None. A.4 CITIZENS PRESENTATION Mrs. Laverne O'Steen, 8429 Emerald Circle, showed a picture of a flooded backyard and spoke on issues related to Block 1, Lot 40 Emerald Lakes Drainage Easement. Mayor Trevino asked Bo Bass, Assistant City Manager and Mike Curtis, Director of Public Works if the drainage system in the city worked. Mr. Bass stated that the City drainage system did work. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 6.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF AUGUST 27, 2007 CITY COUNCIL MEETING B.2 APPROVAL OF MINUTES OF AUGUST 30, 2007 SPECIAL COUNCIL MEETING COUNCILMAN WHITSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. PUBLIC HEARINGS C.0 No items for this category. PLANNING & DEVELOPMENT D.0 Items to follow do not require a public hearing. No items for this category PUBLIC WORKS E.1 PW 2007-015 APPROVE A CITYIDEVELOPER AGREEMENT WITH THE BIRDVILLE INDEPENDENT SCHOOL DISTRICT AUTHORIZING CITY PARTICIPATION IN THE AMOUNT OF $247,268.51 FOR THE RECONSTRUCTION OF A PORTION OF HOLIDAY LANE AT DICK LEWIS DRIVE -RESOLUTION N0.2007-051 APPROVED Mike Curtis, Public Works, Director presented the item. Birdville Independent School District (BISD) is beginning expansion efforts on the Richland High School complex as approved in their 2006 bond program. The reconstruction of the school requires offsite improvements to Dick Lewis Drive and Holiday Lane adjacent to the school property. The current BISD project consists of realigning Dick Lewis Drive (from Reynolds Road to Holiday Lane) and reconstructing approximately 400 feet of Holiday Lane including the intersection of Holiday Lane and Dick Lewis Drive. Holiday Lane will be reconstructed with concrete pavement to its current 48 foot width and will include a dedicated left turn lane at Dick Lewis Drive. The traffic signals will be replaced with black powder coated poles and signals, backlit street signs, and the city's standard street lighting. In addition, the project will consist of offsite drainage improvements that will improve the drainage at this intersection. The proposed improvements are not required as a result of the proposed expansion for Richland High School. The intersection design is based on ultimate conditions as shown on the City's Master Thoroughfare Plan. Instead of BISD making temporary improvements to Holiday Lane, they have agreed to participate in permanent improvements. The CitylDeveloper Agreement details the financial responsibility (design and construction) of each party. Funding for this project has been included in the proposed 200712008 Capital Improvement Projects Budget. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION N0.2007.051. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. GENERAL ITEMS F.1 GN 2007-075 ADOPTING THE 200612007 REVISED BUDGET AND 200712008 PROPOSED BUDGET -ORDINANCE N0.2949 APPROVED Drew Corn, Budget Director presented the item. The proposed budget for 200712008 was filed with the City Secretary's office on July 30, 2007. The proposed budget was also available at the NRH Library and on the City website. All necessary publications and hearings have been completed in compliance with City Charter requirements, special taxing district rules and procedures, and State Law. The 200712008 General Fund budget is based on the 57¢ tax rate which is the existing rate for the current fiscal year. Revisions to the 200612007 revenues and expenditures have been made to reflect the most current estimates for the current fiscal year. The Budgeted Operating Expenditures are: 200612007 200712008 Fund Revised Proposed General Fund $35,737,346 $37,192,066 Debt Service Fund 8,765,524 8,437,973 Parks & Recreation Fund 4,750,109 5,599,664 Crime Control District 4,651,195 4,946,750 Promotional Fund 217,556 233,101 Donations Fund 158,327 141,153 Special Investigation Fund 413,780 367,221 Drainage Utility Fund 707,186 698,766 Gas Development Fund 449,599 608,888 Traffic Safety Fund 63,475 1,425,272 Utility Fund 22,313,328 24,242,027 Aquatic Park Fund 3,984,531 4,416,361 Golf Course Fund 2,093,800 2,456,467 The Budgeted Capital Projects Expenditures are: 200712008 Fund Proposed Street & Sidewalk Projects $11,261,458 Drainage Projects 975,000 Utility Projects 4,193,205 Parks & Recreation Projects 1,759,285 Aquatic Park Projects 610,000 Municipal Facility Projects 6,843,641 Major Capital Equipment Program 1,663,022 Economic Development Projects 3,555,000 CIPPersonne1-Operating Overhead Costs 782,910 $31,643,521 The City of North Richland Hills Crime Control and Prevention District Board of Directors and the City Council have reviewed the 200612007 revised budget and the 200712008 proposed budget and have recommended approval. Park and Recreation Facilities Development Corporation Board of Directors reviewed the 2007/2008 proposed budget for all funds and have also recommended approval. As required by law, all legal notices were published. Approval of Ordinance No. 2949 would adopt 2006/2007 revised budget and 2007/2008 proposed budget. COUNCILMAN TURNAGE MOVED TO APPROVE GN 2007-075 AND ORDINANCE N0. 2949. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.2 GN 2007-079 RATIFY INCREASE IN PROPERTY TAX REVENUES REFLECTED IN 200712008 ADOPTED BUDGET APPROVED Drew Corn, Budget Director presented the item. Per House Bill 3195 from the 80tH Texas Legislative Session, it is now necessary to state the increase in property tax revenue no matter the cause; whether the increase is based on increased property values, new construction or an increased tax rate. The proposed property tax rate has remained the same but due to new construction and increased values of existing property, proposed property tax revenue for fiscal year 2007!2008 will increase over fiscal year 200612007. The new language prescribed by the legislation is as follows: This budget will raise more total property taxes than last year's budget by $953,427 or 4.68%, and of that amount $538,725 is tax revenue to be raised from new property added to the tax roll this year. In addition, this legislation requires that the governing body ratify the property tax increase reflected in the adopted budget. The vote to ratify this property tax increase must be in addition to and separate from the vote to adopt the budget or the vote to set the tax rate. COUNCILMAN LEWIS MOVED TO RATIFY THE INCREASE IN PROPERTY TAX REVENUES REFLECTED IN THE BUDGET. MAYOR PRO TEM COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.3 GN 2007-076 ADOPT THE TAX RATE FOR TAX YEAR 2007 - ORDINANCE N0. 2950 APPROVED Drew Corn, Budget Director presented the item. The notice of effective tax rate was published in the Star Telegram newspaper on August 11, 2007; the notice of public hearing on the tax increase, on August 20, 2007; and the notice of vote on tax rate, on August 31, 2007 all in accordance with State law. In addition, the notice of public hearing on the tax increase and the notice of vote on the tax rate were posted on the City's website and carried on Citicable in accordance with State law. The proposed 200712008 tax rate for the City of North Richland Hills is 57¢ per $100 of valuation. If approved, this will be the fifteenth year with a 57¢ tax rate. The proposed rate of 57¢ is an increase of 0.897% over the effective tax rate of 56.4932¢. The proposed rate of 57¢ is broken down into two parts as follows: 34.2406¢ for the purposes of maintenance and operations 22.7594¢ for the payment of principal and interest on debt of the City Adoption of Ordinance No. 2950 would set the tax rate for fiscal year 200712008 at 57¢ per $100 valuation. COUNCILMAN WELCH MOVED THAT THE PROPERTY TAXES BE INCREASED BY THE ADOPTION OF A TAX RATE OF 57 CENTS PER $100 VALUATION AND ADOPT ORDINANCE N0. 2950. MAYOR PRO TEM COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7.0. F.4 GN 2007-077 APPROVAL AND RATIFICATION OF 2007 CERTIFIED TAX ROLL - RESOLUTION 2007-052 APPROVED Drew Corn, Budget Director presented the item. Tarrant Appraisal District has provided the City with the 2007 Certified Tax Roll information. This includes the most current appraisal information; exemptions for disabled veterans, persons over 65, homestead and disabled persons; tax ceilings for persons over 65 and disabled persons; abatement value losses; freeport inventory value loss; and agricultural value losses. These values also include new construction, the minimum value of properties still under protest, and the estimated net taxable value of incomplete properties. The certified values for the City of North Richland Hills are $3,575,307,295. This is the amount used to calculate the effective tax rate and property tax revenues for the fiscal year 200712008 budget. COUNCILMAN WHITSON MOVED TO APPROVE GN 2007-077 AND RESOLUTION N0.2007-052. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.5 GN 2007-080 APPOINTMENTS TO CONSTRUCTION CODE OF APPEALS APPROVED Dave Pendley, Building Official presented the item. The terms of office for the board members serving in Places 1, 3, 5 and 7 on the Construction Code of Appeals Board expired June 30, 2007. Ordinance No. 2628 states that appointments to the Construction Code of Appeals Board are recommended by City staff and appointed by City Council. Appointments to this board must meet the requirement of technical expertise in the construction fields. Building Inspections is recommending the reappointment of Joe Crane to Place 1, John Klein to Place 5, and W.D. McCarthy to Place 7. It is further recommended that a new person, Robert Nichols, P.E., be appointed to replace the vacancy in Place 3. COUNCILMAN SAPP MOVED TO APPROVE GN 2007-080. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.6 GN 2007-078 APPOINTMENT TO KEEP NRH BEAUTIFUL COMMISSION -PLACE 3 ~PpRnVFn Patricia Hutson, City Secretary presented the item. The Place 3 position on Keep NRH Beautiful Commission is currently vacant. Mayor Pro Tem Compton is recommending the appointment of Darla Batchler to fill the vacancy. MAYOR PRO TEM COMPTON MOVED TO APPROVE THE APPOINTMENT OF DARLA BATCHLER TO THE KEEP NRH BEAUTIFUL COMMISSION-PLACE 3 WITH TERM EXPIRING IN 2009. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.7 GN 2007-081 APPOINTMENTS TO ECONOMIC DEVELOPMENT ADVISORY COMMITTEE nppRnvFn Thad Chambers, Economic Development Director presented the item. Recommendation is for the reappointment of the following current members of the Advisory Committee for a two year term that will expire August 1, 2009: • John Hunter Large Service Employer Small Retailer Commercial Broker Financial Institution New Car Dealership HealthMarketslSeniorvice President of Operations Golic~htly's GallerylOwner • Janet Golightly • Jim Makens • Mike Rigby • Alan Young The Makens CompanylOwner Liberty BanklPresident Alan Young BuicklGMClOwner COUNCILMAN LEWIS MOVED TO APPROVE THE RECOMMENDED APPOINTMENTS. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.8 INFORMATION AND REPORTS Councilman Barth made the following announcements. Keep NRH Beautiful is recruiting volunteers for Trash Bash on Saturday, September 22. Neighborhood associations, schools, civic groups, scout troops, student associations and employee groups are encouraged to participate. For more information, please call 817-427-6651. The NRH Fire Department will conduct a CPR class from 1 to 5 p.m. on Saturday, September 22, in the Fire Administration Building at 7202 Dick Fisher Dr. The cost is $25. To register or get more information, please call 817-427-6900. Join us at Northfield Park on Saturday, September 22, at 7 p.m. for a free night of family fun. There will be games and we will watch the movie "Barnyard" from the lawn after the sun goes down. Parking is limited. Residents are encouraged to walk or ride their bikes to the park. For more information, please call 817-427-6600. Kudos Korner -Michael Luther and Chris Rodriguez, Police Department. A phone call was received from a resident expressing her appreciation to Detective Luther and Officer Rodriguez for assisting with a matter involving her family members. She said both employees were professional, caring and very helpful. For one family member in particular, they helped turn his life around. She stated that she had been truly blessed by these officers. F.5 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:33 p.m. Oscar Trevino -Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 9-24-2007 Agenda No. B.2 Subject: GN 2007-083 Approve Cancellation of November 26, 2007 and December 24, 2007 City Council Meetings At the September 10, 2007 Council Work Session Council discussed canceling the November 26 and December 24 Council meetings due to the Thanksgiving and Christmas holidays. The consensus of the Council was to cancel the two meetings and should there be unexpected business that cannot be handled at the remaining meetings in November and December, consideration will be given to calling a special meeting. Recommendation: To cancel the November 26, 2007 and December 24, 2007 City Council meetings. CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: VLofticelLKoonce Council Meeting Date: 9-24-2007 Agenda No. B.3 Subject: PU 2007-045 Award Bid for the Publication of the "Discover" Parks and Recreation Brochure to Mac Direct in the Amount of $33,994.20. In the 2007!2008 approved budget, Council appropriated funds for the publication of the "Discover" brochure for the Parks and Recreation Department. Funding is available to print this publication three times a year with the Winter issue to be printed in December 2007. The "Discover" Parks and Recreation Brochure is designed, proofed and printed three times annually to advertise classes, programs and special events offered by the Park and Recreation Department. Notice of the City's intent to bid was advertised in local newspapers, as required by State statute and posted on the City's Website. Forty six X46) vendors were contacted and requested to participate in this bid process. Bid specifications were mailed to eight (8) vendors and seventeen (17) vendors picked up the specifications. Eight (8) bids were received from the following vendors: Item Mac Direct Dimaco LTD Modcat Design United Graphics Hurst Euless Branch Smith GM Direct Fox propaganda Printing Spring Issue 30,000 $10,894.20 $15,429.00 $26,749.80 $12,411.00 $12,150.00 $10,986.00 $12,849.90 $13,523.10 Fall Issue 35,000 $11,550.00 $17,594.15 $31,208.10 $13,898.85 $14,175.00 $12,073.95 $14,400.05 $15,379.00 Winter Issue 35,000 $11,550.00 $17,594.15 $31,208.10 $13,898.85 $14,175.00 $12,073.95 $14,649.95 $15,379.00 Annual Total $33,994.20 $50,617.30 $89,166.00 $40,208.70 $40,500.00 $35,133.90 $41,899.90 $44,281.10 Day for 7 to 10 14 to 17 8 to 10 Delive da s None stated 20 da s Da s 21 Da s 12 Da s Da s 15 Da s Staff is recommending awarding the bid for the layout, design and printing of the "Discover" Park and Recreation Brochure to Mac Direct. Mac Direct has submitted the lowest bid and has previously done work for the City. They have always produced quality work and completed each publication within the requested time line. The specifications call for pricing to remain firm for a twelve (12) month period with options to extend the pricing for an additional (12) month period if it remains beneficial to the City. Recommendation: Award Bid for the Publication of the "Discover" Parks and Recreation Brochure to Mac Direct in the Amount of $33,994.20. CI TY OF NORTH RICHLAND HILLS Department: Finance Presented by: VLofticelLKoonce Council Meeting Date: 9-24-2007 Agenda No. 6.4 Subject: PU 2007-046 Authorization to Reject Bids for the Harwood Road Entry Sign Formal bids were solicited for the construction of the Harwood Road Entry Sign for the Parks and Recreation Department. After opening the three (3) bids and reviewing the information submitted on September 5, 2007, it was determined that a vendor supplying materials to the participating bidders quoted the wrong sign panels. The pricing for this sign panel material was provided to all three contractors who submitted bids for work that was beyond the scope of the project. This caused all three (3) bids to be over the anticipated budget for the project and staff is recommending that all three (3) bids be rejected. The three companies that bid the project include Holleman Construction, Innovative Services and Cole Construction. The specifications have been revised for clarification and the new project bids are due October 15, 2007. Recommendation: Approve PU 2007-046 authorizing staff to reject bids for the Harwood Road Entry Sign. CITY OF NORTH RICHLAND HILLS Department: City Manger's Office Presented by: Larry J. Cunningham Council Meeting Date: 9-24-2007 Agenda No. B.5 Subject: GN 2007-085 Amend Article II, Section 22-31 of the Code of Ordinances - Emergency Management Organization -Ordinance No. 2952 The Emergency Management Coordinator position is a critical component of our overall emergency operation plan for the City of North Richland Hills. Planning and preparation is critical to ensure we are prepared to respond. During a crises or disaster, this position must coordinate resources from other city departments as well as from many outside agencies. Acting as the liaison to these many entities requires that this position be situated within our organization to maximize its effectiveness. Our current ordinance specifically places this position within the fire department. This wording limits our ability to react and respond quickly if I feel that there is an organizational structure that better suits our city given the complexity and magnitude of the incident. Events can change very quickly and we must be prepared to respond equally fast to maintain the most effective and efficient continuity of government. I am requesting some small wording changes to the ordinance that grants the City Manager the authority to assign the Emergency Management Coordinator duties as deemed best for the City. These changes can be found in section 22-31 (a) and 22- 32(b). All other provisions contained within the ordinance remain unchanged. As noted in the attached ordinance, the Emergency Management Director for declared emergencies and responding to the State is the Mayor. No change is suggested in this as this is a requirement and is imperative in declared emergencies. The Emergency Management Coordinator is not mandated or required, but is a permissible function. Some communities have such a full time position such as ours, and some communities assign these functions to another employee. Our plans are to continue with the full time position, but we believe it will be desirable to have flexibility as to the location and supervision of this position. With the proposed change, this function can be assigned to best meet the City's needs and structure. Recommendation: Approve Ordinance No. 2952. N FZH ORDINANCE N0.2952 AN ORDINANCE AMENDING SECTIONS 22-31 AND 22-32 OF THE NORTH RICHLAND HILLS, TEXAS, CODE OF ORDINANCES AND GRANTING THE CITY MANAGER THE AUTHORITY TO ASSIGN THE EMERGENCY MANAGEMENT COORDINATOR POSITION AS NEEDED FOR THE EFFICIENT OPERATION OF THE CITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of North Richland Hills desires to grant the City Manager authority to assign the emergency management coordinator as he deems best to maintain the continuity of government without otherwise changing the duties and responsibilities of such position; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Sections 22-31 and 22-32 of the North Richland Hills Code of Ordinances are hereby amended to read as follows: "Sec. 22-31. ORGANIZATION There exists the office of Emergency Management Director of the City of North Richland Hills, which shall be held by the Mayor in accordance with State law. (a) An Emergency Management Coordinator may be designated by the Director. The Emergency Management Coordinator shall serve as an assistant to the director for emergency management purposes. The Emergency Management Coordinator will be assigned and supervised as directed by the City Manager to maintain effective continuity of government. (b} The Director shall be responsible for a program of comprehensive emergency management within the City and for carrying out the duties and responsibilities set forth in this ordinance. Helshe may delegate authority for execution; responsibility shall remain with the Director. (c) The operational Emergency Management organization of the City of North Richland Hills shall consist of the officers and employees of the City so designated by the Director in the Emergency Management Plan, as well as organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the Emergency Management Plan. Sec. 22-32. Emergency Management Director -Powers and Duties (a) The duties and responsibilities of the Emergency Management Director shall include the following: (1) Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of 7 days except by or with the consent of the City Council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. (2) Issuance of necessary proclamations, regulations, or directives which are necessary for carrying out the purposes of this ordinance. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the City Secretary. (3) Determination of all questions of authority and responsibility that may arise within the Emergency Management organization of the City. (4) Supervision of, and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving Emergency Management within the City. (5) Authorizing of agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes. (6) Other requirements as specified in the Texas Disaster Act (Chapter 418 of the Government Code). (b) The following duties shall be delegated by the Emergency Management Director to the Emergency Management Coordinator: (1) Surveying actual or potential hazards which threaten life and property within the City and identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur. (2) Supervision of the development and approval of an Emergency Management Plan for the City of North Richland Hills, and shall recommend for adoption by the City Council all mutual aid arrangements deemed necessary for the implementation of such plan. (3) Direction and control of the operations of the North Richland Hills Emergency Management organization as well as the training of Emergency Management personnel. (4) Maintenance of liaison with other municipal, County, District, State, regional or federal Emergency Management organizations. (5) Marshaling of all necessary personnel, equipment, or supplies from any department of the City to aid in the carrying out of the provisions of the Emergency Management Plan. (6) Supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the State and of other local political subdivisions of the A2-3 State, and the drafting and execution, if deemed desirable, of an agreement with the county in which said City is located and with other municipalities within the County, for the County-wide coordination of Emergency Management efforts. (7) Surveying the availability of existing personnel, equipment, supplies, and services which could be used during a disaster, as provided for herein. Section 2: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 24t"day of September 2007. By: ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: M CurtislL Koonce Council Meeting Date: 9-24-2007 Agenda No. 6.6 Subject: PU 2007-044 Authorize Contract Renewal with Hard Kountry Concrete as primary contractor and Patco Utilities, Inc. as secondary contractor for the miscellaneous concrete improvements -Resolution No. 2007-054 Each year in the approved budget, Council appropriates funds for miscellaneous concrete improvements. Formal bids were solicited for a contract to provide these services during the October 10, 2005 Council Meeting. Council awarded an annual contract to Hard Kountry Concrete as primary contractor and Patco Utilities, Inc. as secondary contractor. The initial term of the contract was for a period of one year and included an option to extend for two additional one-year terms. The contract includes removing and replacing estimated quantities of valley gutters, sidewalks, handicap ramps, curb and gutter, and driveway approaches. The work is ordered and completed on an as needed basis. In order for the department to complete projects in a timely manner, a secondary contractor is utilized. When it comes to the construction and repair of concrete pavement, contractors stay very busy. Most of the contractors have several contracts with other sources and cannot always meet the daily or weekly schedules of the City. Having two contractors allows staff the ability to schedule repairs and construction projects based upon the City's needs. When the primary contractor can not accept a job or meet the city's schedule, the secondary contractor is notified and is usually available. Also, there are situations when two projects need to be scheduled simultaneously. Utilizing both a primary and a secondary contractor has proven to be beneficial to the City. Hard Kountry Concrete, which does about sixty to seventy percent of the work, renewed their first twelve (12) month extension option contract with the City with no increase in their pricing. Hard Kountry Concrete is requesting a 5% price increase for the final twelve (12) month renewal option as the City's primary contractor. Since awarding this contract to Hard Kountry in 2005 there has been a substantial increase in fuel and material cost. Patco Utilities, Inc. requested and received a 5% price increase last year to renew for the first twelve (12) month option due to substantial fuel and material cost increases. Patco has agreed to renew the contract for the final twelve (12) month period with no increase in their current pricing. Staff recommends that the contracts for concrete repairs be renewed with Hard Kountry and Patco Utilities, Inc. Their concrete repair work has met specifications on all projects, and they have demonstrated their ability to help achieve the City's work goals by completing assigned projects on time and without any major delays. Both companies have demonstrated their knowledge of construction projects to staff. Purchasing has reviewed the current contract that is in place and recommends renewing with Hard Kountry Inc. and Patco Utilities for the final twelve (12} month option. The pricing submitted for this final term is still fiscally beneficial to the City. There has been a substantial increase over the last two ~2) years in the cost of fuel and materials used for the concrete work being performed by these two companies. Hard Kounty's request fora 5% rate increase is reasonable; and the requested increase is in compliance with the terms of the original bid document. Recommendation: Authorize Contract Renewal with Hard Kountry Concrete as primary contractor and Patco Utilities, Inc. as secondary contractor for the miscellaneous concrete improvements -Resolution No. 2007-054. NRH RESOLUTION N0.2007-054 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City Manager is hereby authorized to execute the contract extension with Hard Kountry Concrete as primary contractor and Patco Utilities, Inc. as secondary contractor for miscellaneous concrete improvements as the act and deed of the City. PASSED AND APPROVED this the 24th day of September, 2007. 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: Larry Koonce, Director of Finance HARD HARD DESCRIPTION KOUNTRY PATCO KOUNTRY PATCO ORIGINAL ORIGINAL FIRST FIRST Q.~, PRICING PRICING RENEWAL RENEWAL 5 /° increase Oct 2005 Oct. 2005 Oct. 2006 Oct. 2006 1. Remove & replace valley gutter, complete 3,000 in place SF $6.00 $8.79 $6.00 $9.22 Total $18,000.00 $26,370.00 $18,000.00 $27,660.00 2. Remove & replace reinforced 4' concrete sidewalk, 1,000 complete in place SF $4.00 $4.49 $4.00 $4.71 Total $4,000.00 $4,490.00 $4,000.00 $4,710.00 3. Install handicap ramp, complete in place 4 EA $475.00 $700.00 $475.00 $735.00 Total $1,900.00 $2,800.00 $1,900.00 $2,940.00 4. Remove & replace concrete curb and gutter, 4,500 complete in place LF $19.00 _$18.27 $19.00 $19.18 Total $85,500.00 $82,215.00 $85,500.00 $86,310.00 5. Remove & replace driveway flow line, 500 complete in place SF $5.50 $12.00 $5.50 $12.60 Total $2,750.00 $6,000.00 $2,750.00 $6,300.00 6. Remove & replace driveway, 5,500 complete in place SF $5.50 $6.42 $5.50 $6.74 Total $30,250.00 $35,310.00 $30,250.00 $37,070.00 7. Remove & replace recess inlet ear or return, complete in place 50 LF $15.00 $18.75 $15.00 $19.68 Total $750.00 $937.50 $750.00 $984.00 HARD KOUNTRY PATCO FINAL RENEWAL FINAL 5% RENEWAL PROPOSED INCREASE $6.30 $9.22 $18,900.00 $27,660.00 $4.20 $4.71 $4,200.00 $4,710.00 $498.75 $735.00 $1,995.00 $2,940.00 $19.95 $19.18 $89,775.00 $86,310.00 $5.78 $12.60 $2,890.00 $6,300.00 $5.78 $6.74 $31,790.00 $37,070.00 $15.75 $19.68 $787.50 $984.00 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-24-2007 Agenda No. C.0 Subject: PUBLIC HEARINGS No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-24-2007 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-24-2007 Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 9-24-2007 Presented by: Mike Curtis Agenda No. E.1 Subject: PW 2007-016 Approve a Designated No Parking Zone for the East Side of Vance Rd. from Boulevard 26 to Glenview Dr., daily, from 8:OOam to 8:OOpm - Ordinance No. 2951 The Public Works Department has been working with North Richland Hills Baptist Church and a business owner in the Liberty Bank building concerning parking and traffic issues on Vance Road. Several concerns have been brought forward to the department. • Pedestrians or visitors to the church building park in the bank parking lot on the east side of Vance Road. When cars are parked on the east side of Vance Road, visibility for pedestrians is limited as they walk between the parked cars to visit the church on the west side of Vance Road. • Vehicles are often left parked and unattended near the driveways for the bank building. Their parking near the driveways prevents a clear line of site for the motorists exiting the bank parking lot onto Vance Road. Motorists have difficulty seeing approaching traffic on Vance Road. • Traffic flow and emergency access can be impacted by having vehicles parked on both sides of Vance Road. Vance road will accommodate three lanes of traffic. Parking on both sides of the roadway allow for only one through lane of traffic, which can sometimes present problems for approaching traffic in opposite directions. Emergency access can also be impacted with only one through lane available. Staff has investigated each concern and found that parking on both sides of Vance Road during the daily hours of 8:OOam to 8:OOpm does create concerns for traffic flow and pedestrian safety. Staff is recommending that a No Parking Zone be established on the east side of Vance Road from Boulevard 26 to Glenview Drive, preventing street parking during the hours of 8:OOam to 8:OOpm on a daily basis. This No Parking Zone will enhance the safety of pedestrians and motorists who visit the church and the bank property. The Public Works Department has contacted the Police Department and the Police Department is also in favor of creating a No Parking Zone at this location. Recommendation: Approve Ordinance No. 2951. Ni~H ORDINANCE N0.2951 AN ORDINANCE AMENDING CHAPTER 54 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND PROHIBITING PARKING ON THE EAST SIDE OF VANCE ROAD BETWEEN SH 26 AND GLENVIEW DRIVE; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it has been determined by City staff that parking at the location hereinafter described creates unacceptable traffic hazards; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS. Section 1: THAT Section 54-166 of the North Richland Hills Code of Ordinances is hereby amended by adding thereto a new Subsection (36) which shall read as follows: "Sec. 54.166 On-Street Parking Prohibited. (a) The parking of any vehicle at the following location is prohibited: (36) On the east side of Vance Road from the center line at Boulevard 26 (S.H. 26) north for a distance of 1140 feet to the center line of Glenview Drive between the hours of 8:00 A.M. and 8:00 P.M." Section 2: Any person, firm or corporation violating Section 54-166(a)(36) of the North Richland Hills Code of Ordinances shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Hundred Dollars ($200.00). 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 upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED this 24th day of September, 2007. 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 LOCATION MAP FOR NO PARKING ZONE ON VANCE ROAD GLI N.T,S. NRH MAP PREPARED BY NRH PUBLIC WORKS DEPARTMENT NO PARKING BETWEEN 8;00 A.M. AND 8:00 P.M. ON EAST ~c~nc nG ver~r~ Qnen CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-24-2007 Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: Vickie Loftice Council Meeting Date: 9-24-2007 Agenda No. F.1 Subject: GN 2007-082 Authorize the City Manager to Execute a Professional Services Agreement with la terra studio, inc. in the amount of $26,800 for Professional Landscape Architectural Services related to the Library Park Plaza Project -Resolution No. 2007-055 The approved Capital Improvement Program includes funding for services of a Texas Registered Landscape Architect for design and construction administration services related to the development of an open green space located directly south of the new public library on Grand Avenue. Request for Qualifications (RFQ) were sought for services to include the preparation of construction documents based on a conceptual master plan developed by City staff and construction administration related to the project. The Requests were sent out to various landscape architectural firms that specialize in this type of work. The project was also advertised in the Fort Worth Star Telegram and posted on the City's website. Six proposals were received from: • Talley Associates • la terra studio, Inc. • Schrickel, Rollins and Associates, Inc. • Halff Associates • EDAW, Inc. • Kendall + Landscape Architecture The following criterion was used in evaluating the proposals: • Experience and performance on similar projects. • Qualifications of key project staff including sub-consultants. • Responses from municipal references. • Previous experience with the consultant by North Richland Hills. • Evidence that the firm is active and financially stable. • The firm's current workload. • All or a majority of the technical design aspects to be handled by the prime consultant. • The preferred approach is reasonable. In accordance with the professional services procurement policy, a selection committee comprised of Joe Pack, Senior Park Planner, Eric Wilhite, Chief Planner, Greg VanNeiuwenhuize, Assistant Director of Public works, and Chris Amarante, Construction Manager, reviewed the submittals during a meeting held on August 30, 2007. After a thorough evaluation, a decision was made to negotiate a contract with la terra studio, inc. la terra studio, inc. has previously been involved with several Parks and Recreation projects throughout north Texas. Prior projects include the design and construction observation for Enfield Park in Plano, Allenwood Park in Allen, Jones Parkin Dallas and LBJ Parkin Grand Prairie. A contract has been negotiated in the amount of $26,800 which includes $800 to cover reimbursable expenses. The current year capital budget includes $30,000 for design services and construction administration with a total budget of $300,000 for the project. The Professional Services Contract includes the development of construction documents based upon a conceptual master plan created by City staff and construction administration services for the project. Recommendation: To approve Resolution No. 2007-055. N itH RESOLUTION N0.2007-055 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City Manager is hereby authorized to execute a professional services agreement with la terra studio, inc. for the Professional Landscape Architectural Services related to the Library Park Plaza Project in the amount of $26,800, as the act and deed of the City PASSED AND APPROVED this the 24th day of September, 2007. By: ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Vickie Loftice, Director of Parks and Recreation CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 9-24-2007 Presented by: JPerduelLKoonce Agenda No. F.2 Subject: PU 2007-043 Authorize Payment to Motorola for Radio Maintenance Agreement -Resolution No. 2007-053 The annual maintenance agreement for all Motorola radios and related equipment is now due in the amount of $352,430.88. The City of North Richland Hills has shared the maintenance costs included in this agreement with the Cities of Bedford, Euless, Keller, Haltom City, Southlake, Colleyville, Grapevine, Richland Hills and Tarrant County for the past twenty (20) years. The City of North Richland Hills pays the amount in full and then is reimbursed $320,194.87 by the other entities for their share of the radio maintenance. An Inter-local Agreement is in place to facilitate this. The Cities additionally receive a discount rate of 3.78% when the contract is paid in an annual lump-sum payment. This year's annual lump-sum discount from Motorola reflects savings of $13,875.60. Finance has performed a cost benefit analysis verifying that this is the best payment option. Currently, there are 3,231 radios and 31 radio consoles covered by this contract along with some additional miscellaneous equipment. The Inter-local Agreements that were written to accommodate this contract were implemented so as to provide bulk discounting, thereby alleviating some of the costs on a per agency basis. The contract allows for the repair of our radio equipment, replacement of portable antennas if lost or damaged, replacement batteries for portables and other such items of benefit to the agencies represented. Funding Source: 115-8012-531.43-65 $320,194.87 001-9006-532.34-30 $ 32,236.01 Recommendation: Approve Resolution No. 2007-053. N~ZH RESOLUTION N0.2007-053 WHEREAS, the City of North Richland Hills has a continuing maintenance agreement with Motorola to provide service for all radios and related Motorola equipment; and WHEREAS, the City of North Richland Hills continues to receive a discount if this agreement is paid annually instead of monthly; and WHEREAS, the total annual amount for the period from October 1, 2007 through September 30, 2008 was billed by Motorola in the amount of $352,430.88 on September 2, 2007 and WHEREAS, the Police Department is repaid a large portion of this amount from income from the Interlocal Agreement with the City of Bedford, the City of Euless, the City of Keller, the City of Haltom City, the City of Southlake, the City of Colleyville, the City of Grapevine, the City of Richland Hills and Tarrant County. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, SECTION 1. THAT the City Manager be, and is hereby, authorized to sign the Service Agreement authorizing payment of the annual charges by Motorola in the amount of $358,784.40 from the following accounts: 115-8012-531.43-65 $320,194.87 001-9006-532.34-30 $ 32,236.01 PASSED AND APPROVED this the 24th day of September, 2007. 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: Jimmy Perdue, Chief of Police Q MOTOROLA kitn: Natio,7at Serrice Support }301 East Algonquin Road Schaumbu;~, tl 64196 (800) 2~7-23d6 Date: 00107?2007 Company Name: North Richland Hills, Ciry Qf Attn: Billing Address: 730`1 Ne Loop 820 City, State, Zip: North Richland Hills; TX 7G 180 Customer Contact: Copt Sid Johnson Phone: (817)427-7013 Fax: SERVICE AGREEMENT Contract Number: 50000'1003088 Contract Modifier: RN02-JUL-O710:4~:22 Supercedes Agreement(s): Required P.Q.; Customer # ; Bill to Tag # Contract Start Date: Contract End Date: Anniversary Day: Payment Cycle: Tax Exempt: PO#: Annual Prepay Discoid No '1000720701 000'1 10101x2007 09130!2008 Sep 30th ANNUAL Exempt From All Taxes ~t Applied Qty ModellQption Description Monthly Ext Extended '"'** Recurring Services "*~''" SVC02SV00030C SP - LQCAL REPAIR WITH QNSITE RESPO $ 29,369.24 $ 352,430.88 2 ~tr,c~~j SPECIAL INSTRUCTIQNS - AT-ACH STATEN"EMT Of 4Y'GAK FCP, PERFQRMANCE OcSC9 PTICNS Subtotal -Recurring Services $ 29,369.24 $ 352,430.88 Subtotal - Qne-Time Event $ .Ot} 5.00 SerVICeS Total 529,369.24 S352,430.88 Taxes - - Grand Total $ 29,369.24 $ 352,430.88 " Sell Pricr Re}lects Annual Prepay Discount T'7y iERUGi: AMOJNT S S~B.~ECT Td STATE AND LOCALTA)(ING I~p,I;G'CT OMS WHEP,E A=PL CA6LE, TC ?E'JEZiF ED QY I,iC'CR~LA Subcontractar~s) City State DFwN COMMUNICATIONS INC IRVING TX I received Statements of Wak that describe tht services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is Incorporated herein by this reference. AUTHORIZED CUSTQMER SIGNATURE TITLE DATE CUST~h~tER (PRINT NAM9E) h~tOTORQLA REPRESENTATIVE (SIGNATURE) TITLE DATE Derek Johnson MOTQROLA REPRESENTATIVE (PRINT NAME) PHONE FAX O MOTOROLA Radio Parts and Service Group United States /Canada Service Division-West NORTH RICHLAND HILLS RF CONSORTIUM Rev. 3/19/07 VIA SIT=~A~C=AGE==UI=MITT=~VIS & ==ATU~.S 1. Unlimited repair and check out of covered units. 2. Reprogramming of Subscriber Units (i.e. Mobiles, Portables & control Stations) is based on the following criteria: (a.) Reprogramming is covered only when radios are repaired, and the repair requires a unit to be programmed using an existing template. 3. Preventive Maintenance check of system one time per year to be scheduled by the customer. 4. The Consortium's exclusive monthly price for basic subscriber coverage for contract period of 2007-2008 has been adjusted from $6.60 to $5.60 per unit to allow for the battery replacement coverage as follows. To the subscribers adjusted monthly per unit cost of $5.60 you will need to add the price shown below for the batteries you choose to cover under this agreement. (Pricing is per unit, per month and does not include portable batteries). (Example: $5.60 + NTN9815 $4.75 = $10.35 per unit per month) MTS 2000 NTN 7143CR $2.00 NTN 7144 $2.00 XTS1500 NTN 9815 $4.75 NTN 9816 $4.08 NTN 9858 $8.08 NTN 9857 $6.83 XTS 2500 NTN 9815 $4.75 NTN 9816 $4.08 NTN 9858 $8.08 NTN 9857 $6.83 NNTN 6263 $3.91 XTS 30001350015000 HNN 9031 $8.58 HNN 9032 $10.41 NNTN 4435 $10.08 NNTN 4436 $11.66 NNTN 4437 $12.08 NNTN 6034 $12.91 NTN 8297 $10.41 NTN 9862 $12.50 RNN 4006 $10.41 RNN 4007 $12.50 NTN 82946 $4.16 NTN 8297A $6.33 5. Prices are per unitlper month, and include parts and labor. Definition of covered or uncovered items is: (a.) Radio housing, antenna, single unit charger and internal components are covered. (b.) Remote speaker microphones may be added as on option by any member of consortium for $3.00 per unit per month. (c.) A $4.00 charge per month has been applied, and will continue to be applied for new units during their Warranty period. This charge provides coverage for programming & physical damage during Warranty period. 6. Units that are physically abused, or water damaged will be covered up to $150.00 of the combined parts and labor costs necessary to repair. Additional costs will be billed directly from the local service provider at an exclusive to Consortium customer rate of $95.00 per hour, plus parts. 7. Maintenance Agreement covers the repair or replacement of one (1) antenna and one (1) single unit charger per unit per year, if these items are found to be defective. 8. Based on the wide variety of batteries being used by Consortium members today, we will no longer replace 50% of the total subscriber count. Each Consortium member must provide a predetermined quantity of replacement batteries they choose to have replaced during the contract period and provide a predetermined selection of which battery part number they choose to have replaced under this agreement. Each battery part number is individually priced as explained above in line item 4. Battery Maintenance as part of this agreement is defined as replacement of defective batteries that you have chosen to cover. The exchange will be one for one. Each covered defective battery brought in for replacement will be exchanged for a new battery (same part number as the defective battery only). 9. All repairs will be performed 8:00 am to 4:30 PM, Monday through Friday, except where noted otherwise (excludes weekends and holidays). 10. Pick up and delivery of subscriber portable units will be on demand, not to exceed two (2) calls per week. Allow twelve (12) business hours response time. 11. Fire and Ambulance mobile radios can be serviced at customer location Monday - Friday 8:00 - 4:30 (excludes Dave Clark, SetCom, and/or other apparatus equipment). All other mobiles must be serviced at one of three area Motorola Service Stations. 12. Installation and removal services to be addressed and quoted on an individual basis. 13. Repair time of subscriber units (i.e. mobiles, portables, and control stations) shall Not exceed five (5) working days, without notification of any parts backordered and/or other delays. 14. Motorola Customer Support Manager will be responsible for working with the customer's contract administrator, to track, update, and adjust equipment inventory as changes occur. 15. Above contract work will be performed at an exclusive to Consortium customer rate of $95.00 per hour, plus parts. 16. Discounts will be applied for annual payment of contract received in advance (discount rates to be determined at each contract renewal). 17. Telephone consultation and support will be provided by DFW Communications at no additional. 18. Console Operator Positions are $175 per operator position. 19. Central Electronic Bank Equipment will receive full 24X7coverage during the contract period. 20. Control Stations are permanent installations and have not been treated as mobiles, as the contract intended. Repairs have been consistently made at the customer location. Control Stations will be offered at a billing rate of $15.00 per month. Programming will continue to be offered per the original contract terms, when taken to any of DFW Communications three (3) service locations. 21. Time & Material rates for non-contract items are as follows: Normal Business Hours: $95.00 per hour plus parts. There is a trip charge of $72.00 for each call out. Hourly rate begins upon arrival at customer location. After Hours: $142.50 per hour plus parts, with a minimum charge of 4 hours. There is no trip charge incurred. Hourly rate begins from point of origin. 22. To clarify the repair on XTS submersible intrinsically safe radios, the seals on XTS submersible radios are guaranteed for one (1) year from date of purchase only. Seal failure will not be considered physical damage, unless there is apparent physical damage to the radio that caused the seal to fail. Service Terms and Conditions Motorola, Inc., through its Commercial, Government. and Industrial Solutions Sector ("Motorola"},and the customer named in this Agreement ("Customer"}, hereby agree as follo~vs; Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby ~~lotarola agrees to provide to Customer either (~I) maintenance, support and!or other services under a h~~lotorala Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.'1. "Agreement" means these Service Temps and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of ~vhich are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions will take precedence over any cover page, and the cover page avill take precedence over any attachments, unless the cover page or attachment specifically states other~vise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Sen+ice Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement will became binding only when accepted in 4vriting by h~lotarala. The term of this Agreement will. begin on the "Start Date" indicated in this Agreement. Section 4 SCOPE OF SERVICES 4. I . f~lotorola tivill provide the Services described in this Agreement or in a mare detailed statement of work or other document attached to this Agreement. At Customer's request, h~1otorola may also provide additional services at Motorola's then-applicable rates for such services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality avill be used; the Equipment evill be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Ivlatorola ~vill be followed. 4.3. If Customer purchases from h~lotorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the 4varranty for such additional equipment expires. 4.4. All Equipment must be in good tivorking order on the Start Date or avhen additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer grill provide a complete serial and model number list of the Equipment. Customer must promptly notify h~lotorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which h~lotorola receives such tivritten notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.G. If Equipment cannot, in Ctilatorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement; or increase the price to Service such Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. ~~lotorola will respond to Customer's notification in a manner consistent tivith the level of Service purchased as indicated in this Agreement_ Section 5 EXCLUDED SERVICES 5. ~I .Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance tivith applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the nom~al operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or soft~vare; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, canbiner, or multicoupler. h~lotorola has no obligations for any transmission medium, such as telephone lines, computer nerivorks, the Internet or the worldwide web, ar for Equipment malfunction caused by such transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at nocharge, anon-hazardous work environment ovith adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola ar its subcontractors will not be imposed as a site access requirement. Customer tivill provide all information pertaining to the hard~vare and softtivare elements of any system with which the Equipment is interfacing sa that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless othertivise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by h~totorola in rendering the Services, Customer agrees to reimburse lv~lotarala for such charges and expenses. Section 7 CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers} that will be available harenty-four (24) hours per day, seven (7) days per tiveek, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with 1~lotorola. Section 8 PAYMENT Unless alternative payment terms are specifically stated in this Agreement, h~totorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20} days of the invoice date. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of h~lotorola} by any governmental entity. Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship far a period of ninety (cJ0) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customeris sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, an a pro-rata basis, the fees paid for the non-conforming Service. h~10TOROLA DISCLAINIS ALL OTHER WARRANTIES, EXPRESS OR Ih1PLIED, INCLUDING THE IMPLIED WARRANTIES OF h-1ERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAULTITERMINATION 10.1. If either parry defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing parry will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under lativ, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums atived by Customer to 14totarola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (`I2} months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAI4~lAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COh~1MERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIR~IE, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAh~tAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEh~tENT OR THE PERFORfvIANCE OF SERVICES BY (G~1OTOROLA PURSUANT TO THIS AGREEfti~1ENT. No action for breach of this Agreement or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (I) year after the accrual of such cause of action, except far money due upon an open account. This limitation of liability will survive the expiration or tem~ina6on of this Agreement. Section 12 EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether tivritten or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in fu-therance of this Agreement, ho4wever, an omission of the reference to this Agreement shall not affect its applicability. In na event shall either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: (i) such purchase order, acknowledgement, or other writings specifically refer to this Agreement: {ii) clearly indicate the intention of both parties to override and modify this Agreement; and (iii) such purchase order, acknowledgement, or other writu}gs are signed by authorized representatives of both parties. Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement swill remain Motorola's property, tivill be deemed proprietary, will be kept confidential, and twill be promptly returned at Pv1otorola's request. Customer may riot disclose, without Motorola's written permission or as required by law, any such information or data to any person, or use such information or data itself for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section ~vill survive the expiration or termination of this Agreement. '13.2. Unless othenwise agreed in tiwriting, no commercial, financial or technical information disclosed in any manner ar at any time by Customer to Motorola will be deemed secret or confidential. Motorola avill have no obligation to provide Customer ewith access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or othertivise, any otivnership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying tivith all rules and regulations required by such agencies. Neither h~totorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During the temp of this Agreement and continuing far a period of ttiwo (2} years thereafter, Customer tivill not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of fatotorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it shall be modified as necessary to conform to such law. Section 16 MATERIALS, TOOLS AND EQUIPMENT All tools; equipment, dies, gauges, models, drawings or other materials paid far or furnished by 1~9otorola for the purpose of this Agreement will be and remain the sale property of Motorola, Customer tivill safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to such property, and return it to Motorola upon request. Such property avill be held by Customer for h~totorola's use ti~rithaut charge and may be removed from Customer's premises by h~totorola at any time avithout restriction. Section it GENERAL TERMS '17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which the Services are performed_ 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes such as strikes, material sho-tages, or acts of Cod that are beyond that party's reasonable control. 17.5. fv1otorola may assign its rights and obligations, and may subcontract any portion of its performance, under this Agreement. 17.5. THIS AGREEMENT WILL RENEUV, FOR AN ADDITIONAL ONE ~1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY X30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, fvlotarola may adjust the price of the Services to reflect its current rates 17.7. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for such services an a time and materials basis at Motorola's then effective hourly rates. North Richland Hills Consortium Bedford Euless Coverage Period: October 1, 2007 to September 30, ?008 Unit Cost Total Per Number o1 Annual Cost Per Month Month Montha 318 Subscribers S 5.80 S 1,838,80 12 S 22,041.60 80 NTN 1143 S 2,00 S 180,00 12 S 1,920.00 0 NTN 7144 S 2.00 S - 12 E o NTN 8294e a 4.1s s 11 s 0 NTN 8297A S 8.33 S 12 S - 0 NTN 9818 S 4.08 S 12 S 0 NTN 9857 S 8,83 S 12 S - 0 HNN 9031 S 8.58 S 1T S • 0 NNTN 4435 S 10.08 S 12 S - ONNTN M38 S 11.8$ S 12 S 0 NNTN 4437 S 12.08 S 12 S 0 NNTN 8034 S 12.91 S 12 S - 0 NTN 8297 S 10.41 S - 12 S 0 NTN 9882 S 12.50 S - 12 S - 0 RNN 4008 S 10.41 S 12 S 0 RNN 1007 S 12.50 S 11 3 - 10 NTN 9815 S 4.75 S 95.00 12 S 1,140.00 0 NTN9858 S 5,08 S 12 S - 0 NNTN8283 S 3,91 S - 12 S 0 HNN 9032 S 10.41 S 11 S 0 WarrarNy Subcribers S 4,00 S - t2 S - 3 Consoles S 175.00 S 525,00 t2 S 8,300.00 1 Server S 175,00 S 175,00 12 S 2,100.00 8 Control Stations S 15.00 S 135.00 12 S 1,820.00 5 NTNl17?Multi Chargers S 8.00 S 30.00 12 S 360.00 8 L650A UGT 9000 Remotes S 2.50 S 15.00 12 S 180.00 4 L1474 UC Remotes S 2.50 S 10.00 12 S 120.00 2 TDN9430 Battery Conditioner S 8,00 S 11.00 12 S 144,00 1 Net Clock S 175,00 S 175.00 12 S 2,100,00 1 3Com Server Switch S 38,00 S 38.00 12 S 458.00 1 CSU's S 37,50 S 282,50 12 S 3,150,00 Subtotal S 41,&11.60 Prepay Discount (ti1,876.99) Totat S 40,064.61 311 Subscribers S 5.60 S 1,797.60 12 S 21,571.20 100 NTN 7113 S 2.00 S 100.00 12 S 2,400.00 100 NTN 7144 S 2.00 S 200.00 12 S 2.400.00 0 NTN 82948 S 4,18 i 12 S 0 NTN 8297A S 8,33 S - 12 S - 0NTN9818 S 4.06 S 12 S 0 NTN 9857 S 8.83 S - 12 S 0 HNN 9031 S 8.58 5 12 3 4 NNTN 4435 S 10.08 S 12 S - 0 NNTN4138 S 11.68 S - t2 S 0 NNTN 4437 S 12.08 S - 12 S • 0 NNTN 8034 S 12.81 S - 12 S 0 NTN 8297 S 10.41 S 12 S 0 NTN 9882 S 12.50 S 12 S - 0 RNN 4008 S 10.41 S 12 S 0 RNN4007 S 12.50 S t2 f - 0NTN 9815 5 4.75 S 12 S • 0 NTN9858 S 5.08 S 12 S 0 NNTN8283 S 3.91 S 12 S 0 HNN 9032 S 10.41 S f 2 S 4 warranty Sutxxnibers s 4.00 s - 12 S North Richland Hills Consortium Coverage Period: October 1, 2007 to September 30, 2008 Unf; Coat Total Per Number of Annual Cost Per Month Month Months 3 Consoles S 175.00 S 525.00 12 3 8,300.00 18 Control Stations S 15,00 S 244.00 12 S 2.880.00 I MTR 2000 Siren base Station 5 124.00 S 120.00 12 S 1,440.00 I HP Server Switch 5 38.00 S 38.00 12 S 458.00 I UDS Madem 5 16.00 S 16,00 12 S 192,00 I Nct Clock S 175,00 S 175.00 12 S 2,100,00 1 CSU S 37,50 S 37.50 12 S 450.00 Subtotal i 40,189.20 Pnpay Dlacount (51,522.35 Total 518,Q88.66 Keller Hallom City 197 Subscribers 55.80 ;1,103.20 12 313,238,40 45 NTN 7143 52.00 590.00 12 51,080.00 0 NTN 71M 32.00 S• 12 S• 0 NTN 82946 54.18 S• 12 S• 0 NTN 8297A 58.33 S• 12 S- 0 NTN 9818 34.08 S- 12 5- 0 NTN 9857 38,83 S• 12 5- 0 HNN 9031 58,58 =- 12 5- 0 NNTN4435 510AB 5• 12 S- 0 NNTN 4436 511,88 S• 12 S• 0 NNTN 4437 512,08 S• 12 S- 0 NNTN 8034 St2,91 S• 12 5• 0 NTN 8297 S10,41 5• 12 S• 0 NTN 9882 512.50 S• 12 3- 0 RNN 4008 510.41 5• 12 S- 0 RNN 4007 512.50 5• 12 5• 12 NTN 9815 54,15 557.00 12 5684.00 0 NTN9858 55.08 S- t2 S• 0 NNTN8283 53.91 S• 12 5- 0 HNN 9032 510.41 S- 12 S• 0 Warranty Subaibers 54.00 5• t2 S- 5 Conadea 5175.00 5875.00 t2 St0,500,00 1 Server 5175.00 5175.00 12 52,100.00 9 Control Stations 315.00 5135.00 12 51,820.00 t Knox Box Encoder 512.00 512.00 t2 5144.00 1 Maxtrac UHF Baae 527.00 527.00 12 5324,00 2 CSU'a 537.50 575,00 t2 5900.00 1 Net Clods 5175.00 Si75.~ 12 52,100,00 2 3Com Servor Switch 538,00 578,00 i2 S9t2.00 1 BDA 558.00 558,00 12 3898,00 t SpeGra RF Modem 538.00 538.00 12 5458,00 Sutriobl 114,754.40 Pnpay Dlacount 51316.49 Total 513,437.91 185 Subaaiben 55,80 51.038.00 12 512,432.00 0 NTN 7143 52.00 S• 12 5- 45 NTN 7144 52.00 390.00 12 51,080.00 0 NTN 82948 54.18 S• 12 i• 0 NTN 8297A S8.33 S• 12 S- 38 NTN 9818 54.08 5155.01 12 51,880.48 0 NTN 9857 58,83 5• 12 S• 0 HNN 9031 58.58 S• 12 S- 0 NNTN 4435 510.08 5• 12 5- 0 NNTN 4438 511.88 S• 12 5• 20 NNTN 4437 512,08 5241.80 12 52,899.20 0 NNTN 8034 512.91 S• 12 i- 0 NTN 8297 510.41 5• 12 5- 0 NTN 9882 512.50 5• t2 S- 0 RNN 4008 510.41 5• 12 5- O RNN 4007 512.50 S- 12 S• 0 NTN 9815 54,15 S- 12 S- 0 NTN9858 55.08 S• 12 S• 0 NNTN8283 13.91 5• 12 S- OHNN 9032 510.41 S• 12 S• 0 Warranty Sutxxibera 54.00 S- 12 5- 3 Consoles 5175,00 5515.00 12 58,300.00 North Richland Hills Consortium Coverage Period: October 1, 2007 to September 30, 2008 Unit Cost Total Per Number of Annual Cost Per Month Month Months 1 SIP 550,04 550.00 12 5800.00 17 Control Stations 515.00 5255.00 t2 53,080,00 Subtotal 528,231.88 Prepay Disc ount S1( 068"411 Total 527,181.27 Soutblakc 336 Subscribers S 5.60 S 1,881.60 12 S 22,579,20 46 Subscribers for Barks S 8,60 S 303.60 12 S 3,843.24 0 NTN 7143 S 2,00 S 12 S - 0 NTN 7144 5 2,00 S - 12 S - 0 NTN 82948 S 4.16 S 12 S - 0 NTN 8297A S 6.33 S 12 S - 0 NTN 9818 S 4.08 S 12 5 0 NTN 9857 i 8,83 S - 12 S - 0 HNN 9031 S 8.58 S - 12 S 0 NNTN 4435 5 10,08 S 12 S • 0 NNTN 4438 5 11,86 S 12 S 0 NNTN 4437 S 12,08 S - t2 S 0 NNTN 8034 S 1291 5 - 12 S 0 NTN 8297 S 10,41 S 12 S 0 NTN 9882 S 12,5o S 12 S 0 RNN 4008 S 10.41 S 12 S 0 RNN 4407 S 12,50 S 12 S - 4 NTN 9815 S 4.75 S 12 S 0 NTN9858 S 5.08 S 12 S - 0 NNTN8263 S 3,91 5 12 S - 0 HNN9032 S 10.41 S 12 S 0 Warranty Subcribers S 4.00 S - 12 5 - S Control Stations S 15.00 5 75.00 12 S 940,00 I Radius GM3000 Control Station S 27.00 S 27.00 t2 S 324,00 2 Remotes,l fire, I PD S 20.00 5 40.00 12 S 480,00 1 Tone Rcmate Interface S 13,00 S 13,00 12 5 158.00 1 MSFSOOU Remoter 5 120.00 S 120.00 12 S 1.440.00 Subtotal ; ?9,822.44 Propay Diaount {51,118.30- Tool S 28,404.10 Colleyille 155 Subscribers S 5,80 S 888.00 12 S 10,416,04 0 NTN 7143 S 2.00 S 12 S 0 NTN 7144 S 2.00 S 12 S 0 NTN 82948 S 4.16 S 12 S 0 NTN 829TH S 6.33 S - 12 S - 0NTN 9818 5 4.08 S - 12 S - t} NTN 9857 S 6.83 S 12 S - 0 HNN9031 S 8.58 5 12 S • 0 NNTN 4435 S 10,08 S 12 S 0 NNTN 4438 S 11.88 S 12 S - 0NNTN 4437 S 12,08 S 12 S - 0NNTN 6034 5 12.91 S 12 5 0 NTN 8297 5 14.41 S 12 5 0 NTN 9862 S 12.50 S 12 5 • 0 RNN 4008 S 10,41 S 12 S 0 RNN 4007 S 12.50 S 12 5 - 0 NTN 9815 5 4.75 S 12 S - 0 NTN9858 S 5,08 S 12 S 0 NNTN8283 S 3.9i S 12 S • 0 HNN 9032 S 10.41 S 12 S • North Richland Hills Consortium Coverage Period: October 1, 2007 to September 30, 2008 Unit Coat Total Per Number of Annual Cost Per Month Month Months 0 Warranty Subaibers S 4.00 S 12 S 2 Consoles S 175.00 S 350.00 12 S 4,200,00 I Saver S 175.00 S 175.00 12 S 2,100.00 8 Control Stations S 15.00 S 120,00 12 S 1,440.00 1 Nct Clock S 175.ao S 175.E 12 S 2,100.00 1 3Com Server Switch S 38.00 S 39.E 12 S 458.00 I Radius UFH Control Station S 15.00 S 15.00 12 S 180.00 Subtotal i 20,882.00 Prepay DI=count (5181.381 Tool S ZD,100.6Z Grapevine 309 Subscribers S 5.60 S 1,730.40 12 S 20,764.80 27 MW 800 Oata Units S 38.00 S 1,028.00 12 S 12,312,00 0 NTN 7143 S 2.00 S 12 S • 80 NTN 7144 S 2.00 S 180.00 12 S 1,920,00 0 NTN 82948 S 4,16 i - 12 S 0 NTN 8291A S 8.33 S 12 S 0 NTN 9918 S 4.08 E - 12 S 0 NTN 9951 S 8.93 S 12 S - 0 HNN 9031 S 9.58 S 12 S - 0NNTN4435 S 10.08 S 12 S 0 NNTN4438 S 1L68 S 12 S • 10 NNTN 4437 5 12.08 S 120.80 12 S 1,449.80 4 NNTN 6034 S 12.91 S 12 5 - 20 NTN 8297 S 10.41 S 209.20 12 S 2,498.40 0 NTN 9882 S 12.50 S 12 S - 0 RNN 4008 S 10.41 S 12 S - 0 RNN 4007 S 12.50 S 12 S 0 NTN 9815 S 4.75 S 12 S - 0 NTN9856 S 5.08 S 12 5 - 0 NNTN8283 S 3.91 S 12 S - OHNN 9032 S 10.41 S 12 S 0 Warranty Subcribera S 4.00 S 12 S S Consoles S 175.00 S 875A0 12 S 10,500,00 13 Control Stations S 15.00 3 195.00 12 S 2,340.00 I Saver S 175.00 i 175.00 12 S 2,100.00 4 M7R 20001ntercity Basc S 120.00 S - 12 S 1 3Com Server Switch S 38.00 ; 38,00 12 S 458.00 1 Nct Clock S 175.00 S 175.00 12 S 2,100.00 0 MSFS000 Weather Banc S 120.00 S 12 5 Subtotal i 86,440.80 Prepay Dlacount 152,137.961 Total 564,502.84 Richland Hills 66 Subscribers S 5.80 S 389.80 12 S 4,435.20 0 NTN 1143 S 2.04 S 12 S 0 NTN 7144 S 2.00 S 12 S 0 NTN 82948 S 4.18 S - 12 S - 0 NTN 8297A S 6.33 3 12 i - 0NTN 9818 S 4.08 S - 12 S 0 NTN 9857 S 8.83 S 12 S 0 HNN 9031 S 9.58 S 12 S - 0 NNTN 4435 S 10.08 S 12 S 0 NNTN 4436 S 11.66 S 12 S - 0NNTN4437 S 12.08 S 12 S 0 NNTN 8034 S 12.91 S 42 S North Richland Hills consortium Coverage Period: October 1, 200 7 to September 30, 2008 knit Coal Total Per Number of Annual Cosl Per Monih Manth Months 0 NTN 8297 S 10.41 S 12 S - 0 NTN 9882 S 12.50 S 11 S - 0 RNN 4006 S 10.41 S - 12 S - 0 RNN 4007 S 12.50 S 12 S • 0 NTN 9815 S 4.75 S 12 S 0 NTN9858 S S.OB S 12 S 0 NNTN8283 S 3.91 S 12 S 0 HNN 9032 S 10.41 = 12 S 0 WetroMy Subcribera S 4.00 S 12 S - 2Consoles $1TS.00 S 350.00 12 S 4,200.00 I siP S 50.0o s 5a.oo 12 s soo.oo T Control Stations S 15.00 S 105.00 12 S 1,260.00 Subtotal S 10,49b.20 Prepay Olscount S( 397.56) Total S 10,097.64 Nortb Ricblaad fiilla 298 Subscribers S 5.60 S 1,668.80 12 S 10,025.80 12S NTN 7143 S 2.00 S 250.00 12 S 3,000.00 60 NTN 7144 (50 to FO) 5 2.00 S 120.00 12 S 1,440.00 0 NTN 81949 S 4.18 S 12 S • 10 NTN 829TH S 8.33 S 83,30 12 S 759.60 0 NTN 9818 S 4.08 S 12 S • 4 NTN 9857 S 6.83 S 12 S 0 HNN 9031 S 8.58 S 12 S 0 NNTN 4435 S 10.08 S - 12 S - 0 NNTN 4438 S 11.68 S 12 S - 0 NNTN M37 S 12,08 S - 12 S - 0NNTN 8034 S 12.91 S 12 S - 0 NTN 8297 S 10,41 S 11 S 0 NTN 9882 S 12,50 S 12 S - 0 RNN 4008 S 10,41 S 12 S 0 RNN 4007 S 12,50 S 12 S 0 NTN 9815 S 4,75 S 12 S 0 NTN9858 S 5,08 S 12 S • 0 NNTN6283 S 3,91 S 12 S 0 HNN 9032 S 10.41 S - 12 S - OWarranty Subcribers S 4,00 S f 2 S 3 Consoles S 175,00 S 525,00 12 S 8,300,00 11 Control Stations 5 15.00 S 165.00 t2 S 1,980.00 Subtotal S 33,608.20 Prepay Discount 151,269.17) Tobl S 32,238.03 Tamnt County 8Mr{tf 895 Subscribers S 5.80 S 5.012.00 11 S 80.144.00 0 NTN 1143 S 2.00 S 12 S 0 NTN 7144 S 2.00 S 12 S 0 NTN 82948 S 4.18 S 12 S • 0 NTN 8297A S 8.33 S 12 S 0 NTN 9816 3 4,08 S 12 S 0 NTN 9857 S 8.83 S 12 S 0 HNN 9031 S 8.58 S 12 S - 0 NNTN 4435 S 10,08 S 12 S - 0 NNTN 4438 S 11.68 S 12 S - 0NNTN 4431 S 12,08 5 12 S 0 NNTN 8034 S 12.91 i 11 S - ONTN 8297 S 10.41 S 12 S - 0 NTN 9882 S 12,50 S 12 S WaaNake North Richland Hills Consortium Coverage Period: October 1, 2007 to September 30, 2008 Unit Cost Total Per Number of Annual Cost Per Month Month Months 0 RNN 1006 S 10,41 S 12 5 - 0RNN 4007 S 12.50 S 12 S 0 NTN 9815 S 4,15 S 12 S - 0 NTN9858 S 5.08 5 12 5 - 0 NNTN8263 S 3,91 S - 12 5 - 0HNN9032 S 10,41 5 12 S 4 Warranty Subscribers S 4.00 5 12 S O Control Stations S 15,00 S 12 S - S Consoles S 175,00 S 875.00 12 S 10,500.00 Subtotal S 70,844.00 Prrpay Oiacount (52,875.87} Tobl 5 87,888.03 0 Subscribers S 5.60 S 12 S 0 NTN 1143 S 2.00 S 12 S - 0NTN 7144 5 2.00 5 12 S 0NTN 82948 S 4.16 5 12 S 0NTN 8297A S 6.33 5 12 S O NTN 9818 S 4.08 5 12 S - 0 NTN 9851 5 6.83 E 12 S 0 HNN 9031 S 8.58 5 12 S 0 NNTN 4435 S 10.08 S 12 S 0 NNTN 4436 S 11.86 5 12 S 0 NNTN 4437 S 12.08 S 12 S 0 NNTN 8034 S 12.91 S 12 S 0 NTN 8297 S 10.41 5 12 E - 0NTN 9862 S 12.50 S 12 S - 0RNN4006 3 10.41 S 12 f 0 RNN 4001 S 12.50 S 12 S 0 NTN 9815 S 4.75 5 12 S - 0 NTN9858 S 5.08 S 12 5 0 NNTN6283 S 3.91 S 12 S - 0 HNN 9032 S 10.41 S 12 S • 0 Warranty Subscribers S 4.00 S 12 3 0 Control Stations S 15.00 S 12 S 0 Consoles S 175.00 S 12 S Total 5 Spreadsheet Gross Total Disc • 3.1879796 Total Oue Badtord S 41,631.60 (51,576,99) 540,054,61 EulKa i 40,189.20 (51,522,35) 539,666,85 K~INr 5 34,754.40 (51,316.49) 533,437,91 HaltomCly S 28,231.68 (St,08941) 527,192,27 Southlaka S 29,522.10 (51.118.30) 529,404.10 ColNyvllla S 20,892.00 (5791381 520,100.82 llrapevina S b9.440.80 (51,137.961 554,302.84 Richland Hllla 5 10,495.20 {5397.56a 510.097.94 NorlhRlchland 5 33,505.20 (51,269.17) 532,238.03 TartanlCounty 5 70,944.00 152.G75,97? 597,998.03 W~stlaka S • S S Total 5 388,3.48 (513,875.58) 5382,430.80 CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 9-24-2007 Presented by: John Pitstick Agenda No. F.3 Subject: GN 2007-084 Consider Amendment to Chapter 104 Gas Well Drilling and Production -Ordinance No. 2953 The City Council recently approved several changes to the Gas Well Drilling ordinance on July 23, 2007 with the approval of Ordinance No. 2945. Staff would like to make an additional change to the well setback section that would restrict drilling within one thousand five hundred feet (1,500') of any freeway or principal arterial roadways within the city. Staff is concerned about prime developable property adjacent to these major roadways and the protection of transportation routes through the city. This change will require gas wells to be placed further back from major roadways and will encourage the efficient development of property without encumbering prime properties with long term gas well sites. We are also concerned with the potential blockage of primary arterials caused by unforeseen emergencies involving gas well drilling or production. Both of these reasons to amend the ordinance are well within the City's authority to protect the health, safety and general welfare of the public. The proposed setback of gas wells at least 1,500 feet from freeways and principal arterials can be reduced to a minimum of 300 feet with an appeal and approval of the Gas Board of Appeals. This change will allow scrutiny of gas well sites near major roadways within our community and help assure the viability and potential development of prime properties as well as protection of transportation routes within North Richland Hills. Recommendation: Approval of Ordinance No. 2953. ORDINANCE N0. 2953 AN ORDINANCE AMENDING SECTION 104-6 OF THE CITY OF NORTH RICHLAND HILLS CODE OF ORDINANCES, REGULATING THE DRILLING AND PRODUCTION OF GAS WELLS WITHIN THE CITY; ADDING DISTANCE RESTRICTIONS FROM FREEWAYS AND ARTERIAL ROADWAYS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING A CUMULATIVE CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a Home Rule Municipality located in Tarrant County, Texas, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas and its home rule charter; and WHEREAS, the City of North Richland Hills is completely surrounded by other municipalities and the entire area is densely populated and the residents of the area are entirely dependent on highways and streets and rail for jobs and health care and the City Council finds that the protection of arterial roadways from blockage caused by unforeseen emergencies involving gas drilling andlor gas production necessitates amendment of its existing regulations in order to protect the health, safety, and general welfare of the public; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 104-6(i)(1)c of the City of North Richland Hills Code of Ordinances is hereby amended to read as follows: "Section 104-6. Gas Well Permit Requirements (i) Well setbacks for gas well permits. (1) It shall be unlawful to drill, re-drill, deepen, re-enter, activate or convert any well, the center of which, at the surface of the ground, is located: c. Within one thousand five hundred feet of a street classified under the city's thoroughfare plan as a freeway or principal arterial or within fifty feet (50') of any other public street, road, highway, or right-of-way line...." Section 2: Penalty (a) It shall be unlawful and an offense for any person to do the following: (1) Engage in any activity not permitted by the terms of a gas well permit issued under Chapter 104 of the North Richland Hills Code of Ordinances. (2) Fail to comply with any condition set forth in a gas well permit issued under Chapter 104 of the North Richland Hills Code of Ordinances; or (3) Violate any provision or requirement set forth under Chapter 104 of the North Richland Hills Code of Ordinances. (b) Any violation of this ordinance shall be punished by a fine of not more than five hundred dollars ($500.00) per violation per day, subject to applicable state law. Each day that a violation exists shall constitute a separate offense. (c) Any violation of this ordinance that governs fire safety, public health, andlor sanitation, including dumping, refuse, or discharge, shall be punished by a fine not exceeding two thousand dollars ($2,000) per violation per day, subject to applicable state law. Each day that a violation exists shall constitute a separate offense. (d) The penalty provided herein shall be cumulative of other remedies provided by state law, including but not limited to, the recovery of civil penalties under Subchapter B, Chapter 54, of the Texas Local Government Code. The City may institute any appropriate action or proceeding in a court of competent jurisdiction to enjoin the violation of this chapter. The power of injunction may be exercised in enforcing this chapter whether or not there has been a criminal complaint filed." Section 3: Severability Clause It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation of this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 4: Repealer and Savings Clause Any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of the Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Section 5: Publication Clause The City Secretary is authorized and directed to cause publication of the descriptive caption and penalty clause of this ordinance as an alternative method authorized by law. Section 6: Effective Date This Ordinance shall become effective immediately. PASSED, APPROVED AND ADOPTED by the City Council of the City of North Richland Hills, Texas, on this the 24th day of September, 2007. 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 CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Elizabeth Reining Council Meeting Date: 9-24-2007 Agenda No. F.4 Subject: GN 2007-087 Approve Interlocal Cooperation Agreement with the North Central Texas Council of Governments for Operation of Commuter Rail Service (Trinity Rail Express) A renewal of the Interlocal Cooperation Agreement with the North Central Texas Council of Governments (NCTCOG) for the operation of the Trinity Rail Express (TRE) is being presented to all of the mid-cities that do not fund the THE through sales tax. The cities being asked to execute this agreement are Arlington, Bedford, Colleyville, Euless, Grand Prairie, Grapevine, Haltom City, Hurst, and North Richland Hills. NCTCOG will be executing separate agreements with each of the above participating cities. The current Interlocal Cooperation Agreement with all the mid-cities expires September 30, 2007. The NCTCOG is requesting a 10% increase for each city's contribution in the next contract period, for FY 2008, FY 2009 and FY 2010. This increase would raise the City's contribution from $67,946 a year to $74,741 a year. Originally, the NCTCOG requested a contract increase of 14.6% based on increase ridership levels from the mid-cities. But, at a July 30, 2007 meeting city representatives successfully lobbied the NCTCOG to use the Consumer Price Index (CPI) increase instead of increased ridership levels. Councilman Welch attended that meeting for the Mayor. The purpose of this agreement is to allow those cities that do not fund the THE through sales tax to assist with ongoing operation and maintenance (0&M) costs through this agreement. Each city's share of the 0&M costs is based on a ridership survey taken in 2005 and increased based on the CPI. Attachment #1 in the agreement shows the annual cost allocation for each city. Below are key points pertaining to the agreement. • The City's share of $74,741 will be paid on an annual basis for FY 2008, FY 2009 and FY 2010. • North Richland Hills will pay 50% of the payment at the six-month mark, with the final payment at the end of the fiscal year. • NCTCOG will use the funds paid by the cities to leverage federal funds available to the region. • This agreement shall be in effect until September 30, 2010. Recommendation: To approve the Interlocal Cooperation Agreement with the North Central Texas Council of Governments for operation of commuter rail service. INTERLOCAL COOPERATION AGREEMENT Between THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS and THE CITY OF NORTH RICHLAND HILLS for OPERATION OF COMMUTER RAIL SERVICE WHEREAS, the North Central Texas Council of Governments (NCTCOG) and the Regional Transportation Council (RTC) have actively worked to implement commuter rail service in the area and facilitate the contribution by cities that are not members of a Transportation Authority to the operational costs of commuter rail services; and, WHEREAS, the Regional Transportation Council Trinity Railway Express (TRE) Monitoring Subcommittee was appointed by the RTC to meet on an as-needed basis to monitor policy issues related to the THE service and the collection of operating funds for the service; and, WHEREAS, it would be beneficial to the citizens of the City of North Richland Hills to have access to commuter rail service connecting the Cities of Dallas and Fart Worth with each other and with Dallas-Fort Worth International Airport to relieve traffic congestion, provide transportation opportunities, and aid in attaining federal air quality standards; and, WHEREAS, pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, Dallas Areas Rapid Transit (hereinafter referred to as "DART") and the Fort Worth Transportation Authority (hereinafter referred to as "the T"), both metropolitan transportation authorities created and existing pursuant to Chapter 452 of the Texas Government Code (hereinafter referred to jointly as the 'Transportation Authorities"), may exercise jointly the power to provide governmental services for the public health, safety, and welfare; and, WHEREAS, pursuant to Article 1182k, Texas Revised Civil Statutes, all railroad-related activities by public agencies, separately or jointly exercised, are public and governmental functions for the public purpose and necessity; and, WHEREAS, the Transportation Authorities have entered into an Interlocal Cooperation Agreement to dune their respective rights and responsibilities regarding the provision of commuter rail service along the Trinity Railway Express Corridor and have begun commuter rail service as the Trinity Railway Express; and, WHEREAS, NCTCOG and the City of North Richland Hills desire to enter into an agreement to define their respective rights and responsibilities regarding cost sharing for the operation of the Trinity Railway Express; NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: Interlocal Agreement Page 1 of 8 Article 1. DEFINITIONS: 1.1 "Commuter rail service" means operating passenger trains for commuters by, or under the control of, the Transportation Authorities. 1.2 "Capital improvement" means any addition to the asset base of either Transportation Authority (1) for the sale benefit of and utilization by the commuter rail service, or (2) representing the proportionate share of joint facilities benefiting, or utilized on behalf of, Commuter Rail Service. 1.3 "Maintenance of way'" means the labor, material, tools, and equipment required to maintain all aspects of the railroad tracks, structures, signals, and communications in the THE Corridor. 1.4 "Boards" means the Board of Directors of DART and the T. 1.5 "Best efforts" means one party's use of all reasonable exertions to fultlll the obligations of that party under this Agreement. It does not mean an obligation to attempt to fulfill the obligations of any other party. 1.6 "Capital costs" means the costs to plan, engineer, design, purchase, and construct the facilities, equipment, and systems for the commuter rail service that may be depreciated in accordance with standards set by the Federal Accounting Standards Board. 1.7 "Operational costs" means any cost of operating the THE that is not a "capital cost." Article 2. ORGANIZATIONAL RELATIONSHIPS: 2.1. North Central Texas Council of Governments and Regional Transport- ation Council: The North Central Texas Council of Governments (hereinafter referred to as "NCTCOG") is the Metropolitan Planning Organization for the North Central Texas region including Dallas, Fort Worth, and the City of North Richland Hills. The North Central Texas Council of Governments is authorized by law to conduct coordinating and technical studies as may be required to guide the unified development of the area, eliminate duplication, and promote economy and efficiency through areawide planning. The Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Counci! of Governments, and has been and continues to be a forum for cooperative decisions on transportation and is charged with the responsibility of preparing and maintaining the Metropolitan Transportation Plan and Transportation Improvement Program for the Dallas-Fort Worth Metropolitan Area in accordance with applicable federal regulations. Interlocal Agreement Page 2 of 8 2.2 Trinity R__ ailway Express Monitoring Subcommittee The Trinity Railway Express Monitoring Subcommittee (TREMS) was created by the RTC to monitor and advise on the provision of commuter rail services by TRE between the cities of Dallas and Fort Worth. 2.3 Trinity Railway Express Advisory Committee DART and the T created the Trinity Railway Express Advisory Committee (TREAC) to assist the Boards on policy, budget issues, and service levels for TRE. A non-voting representative from the Trinity Railway Express Monitoring Subcommittee shall be nominated by the subcommittee and appointed by the Regional Transportation Council to the Trinity Railway Express Advisory Committee. Notice of all TRE Advisory Committee meetings, agendas, and copies of supporting materials shall be provided to the TRE Monitoring Subcommittee representative appointed by the RTC to the TRE Advisory Committee. 2.4 Companion Agree__ments: NCTCOG will enter into companion agreements with the cities identified in Attachment 1. NCTC4G will also enter into a companion agreement with the Fort Worth Transportation Authority and Dallas Area Rapid Transit to disburse the funds collected by NCTCOG from the cities listed in Attachment 1, including the City of North Richland Hills. Article 3. OPERATIONS AND MAINTENANCE: 3.1 Service Schedules: Service levels shall be determined by the Transportation Authorities.. 3.2 Service Quality The Transportation Authorities shall develop and establish the procedures to implement and ensure that the highest possible quality of service, consistent with the budget, is provided. 3.3 The City of North Richland Hills or TREMS may suggest or request changes or additions to the service schedules at any time, but such requests should be made during the formation of the annual TRE operating budget and should be addressed to the Director, TRE or brought to the TREAC by the representative appointed pursuant to paragraph 2.3 above. Article 4. COST SHARING FOR CONTINUING OPERATIONS: in~envcai Hgreement Page 3 of 8 4.1 General: The parties recognize that the commuter rail service contemplated under this Agreement will create ongoing costs for operation of the service and maintenance of the assets used in its provision, as well as other recurring expenses. Such costs include compensation of Trinity Railway Express staff employed or contracted by the Transportation Authorities. 4.2 Starting in fiscal year 2008 and continuing for the duration of this Agreement, the cities participating in this cost sharing process agree to pay a fixed amount of approximately $794,000 annually to provide the operating funds outlined above. 4.3 The city allocation of costs will be based on the allocation shown in Attachment 1 and will remain fixed during the contract period. 4.4 The parties agree that the City of North Richland Hills will contribute its share of the costs, as outlined in Attachment 1, for FY 2008, FY 2009, and FY 2010. Notwithstanding the foregoing, the parties herein also recognize that the continuation of any contract or agreement after the close of any given fiscal year of the City of North Richland Hills shall be subject to North Richland Hills City Council approval, 4.5 The City of North Richland Nills will make a 50 percent payment at the six-month mark of the appropriate fiscal year with a final payment due at the end of the hscal year. Article 5. USE OF FUNDS: 5.1 The Parties agree that NCTCOG may use the funds, contributed by the cities as outlined in Attachment 1, to leverage federal funds available to the region to implement regional air quality projects and other RTC initiatives. Article 6. TERM AND TERMINATION: 6.1 Effective Date; The effective date of this Agreement shall be the date on which it is executed by the parties. 6.2 Term: This agreement shall be in effect until September 30, 2010, and may be renewed by written agreement of the parties. 6.3 Mutual Termination: The parties may terminate this Agreement by mutual agreement at any time. mtenocai agreement Page 4 of 8 6.4 New Transportation Authority In the event any city identified on Attachment 1 joins an existing transportation authority or becomes or forms a new transportation authority with a dedicated source of funding for transit, the obligations under this Agreement for that city shall cease on the day the funding begins. The City's obligation under this agreement shall be transferred to the existing or new transportation authority. Article 7. MISCELLANEOUS PROVISIONS: 7.1 Force Majeure: It is expressly understood and agreed by the parties to this Agreement that, if the performance of any provision of this Agreement is delayed by reason of war, civil commotion, act of terrorism, act of God, governmental restrictions, regulations or interferences, fire or other casualty, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. 7.2 Contractual Relationship: It is specifically understood and agreed that the relationship described in this Agreement between the parties is contractual in nature and is not to be construed to create a partnership or joint venture or agency relationship between the parties. Nor shall any party be liable for any debts incurred by the other party in the conduct of such other party's business or functions. 7.3 Counterparts: This Agreement may be executed in multiple counterparts. Each such counterpart shall be deemed an original of this Agreement, so that in making proof of this Agreement, it shall only be necessary to produce or account for one such counterpart. 7.4 Complete Agree__ment: This Agreement embodies all of the agreements of the parties relating to its subject matter, supersedes all prior understandings and agreements regarding such subject matter, and may be amended, modified, or supplemented only by an instrument or instruments in writing executed by all of the parties. 7.5 Ca tions: n~~Cn~cai hgreemeni Page 5 Of 8 The captions, headings, and arrangements used in this Agreement are for convenience only and shall not in any way affect, limit, amplify, or modify its terms and provisions. 7.6 Governing Law and Venue: This Agreement and all agreements entered into in connection with the transactions contemplated by this Agreement are, and will be, executed and delivered, and are intended to be performed in the County of Dallas and the County of Tarrant, State of Texas, and the laws of Texas shall govern the validity, construction, enforcement, and interpretation of this Agreement. In the event of litigation between the parties hereto, their successors or assigns, with regard to this Agreement and any subsequent supplementary agreements or amendments, venue shall lie exclusively in either Tarrant County or Dallas County, Texas. 7.7 Severability: In the event any one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforcibility shall not affect any other provision(sj hereof, and this Agreement shall be revised so as to cure such invalid, illegal, or unenforceable provision(sj to carry out as near as possible the original intent of the parties. 7.8 Changed Circumstances: If future federal, State, or local statute, ordinance, regulation, rule, or action render this Agreement, in whole or in part, illegal, invalid, unenforceable, or imprac#ical, the parties agree to delete and/or #o modify such portions of the Agreement as are necessary to render it valid, enforceable, and/or practical. Each section, paragraph, or provision of this Agreement shat! be considered severable, and if, for any reason, any section, paragraph, or provision herein is determined to be invalid under current or future law, regulation, or rule, such invalidity shall not impair the operation of or otherwise affect the valid portions of this instrument. 7.9 Enforcement: If any party initiates an action to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provision hereof, the prevailing party shall be entitled to receive from the other parties all reasonable and necessary costs and expenses, including reasonable attorneys' fees and costs incurred in connection with such action. 7.10 Survival: All of the terms, conditions, warranties, and representations contained in this Agreement shall survive, in accordance with their terms, and shall survive the execution hereof. 7.11 Incorporation of Exhibits and Schedules• Interlocal Agreement Page 6 of 8 All Exhibits and Schedules attached hereto are by this reference incorporated herein and made a part hereof for all purposes as if fully set forth herein. 7.12 7.13 7.14 7.15 Reference: The use of the words "hereof', "herein", "hereunder", and words similar import shall refer to this entire Agreement, and not to any particular section, subsection, clause, or paragraph of this Agreement, unless the context clearly indicates otherwise. Further Assurances: Each party agrees to perform any further acts and to sign and deliver any further documents which may be reasonably necessary to carry out the provision of this Agreement. Notice: Whenever this Agreement requires or permits any consent, approval, notice, request, proposal, or demand from one party to another, the consent, approval, notice, request, proposal, or demand must be in wr7ting to be effective and shall be delivered to the party intended to receive it at the address(es) shown below: If to NCTCOG North Central Texas Council of Governments Attn: Michael Morris, P.E. Post Office Box 5888 Arlington, Texas 7fi005-5888 If to the: City of North Richland Hills Indemnification: To the extent allowed by Texas law, the City of North Richland Hills covenants and agrees to indemnify and hold harmless and defend and do hereby indemnify, hold harmless, and defend NCTCOG, from and against negligence claims or lawsuits for damages or injuries, including death, to persons or property, whether real or asserted, arising out of any negligent act or omission on the part of the City of North Richland Hills, their officers, employees, and contractors, related to the performance of this agreement. To the extent allowed by Texas law, NCTCOG covenants and agrees to indemnify and hold harmless and defend and does hereby indemnify, hold harmless, and defend the City of North Richland Hills, their officers, employees, and contractors, from and against claims or lawsuits for damages arising out of the performance of this agreement as a result of any negligent act or omission on the part of the NCTCOG, their officers, and employees. Page 7 of 8 IN WITNESS HEREOF, the parties hereto have executed this Agreement in duplicate original on the ~ day of 2007. CITY OF NORTH RlCHLAND HILLS NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Oscar Trevino, Mayor R. Michael Eastland, Executive Director APPROVED AS TO FORM: General Counsel APPROVED AS TO FORM: Jerry Gilmore, General Counsel Interiocal Agreement Page 8 of 8 ATTACHMENT 1 ANNUAL COST SHARING ALLOCATION Arlington $237,046 Bedford $104,488 Colleyviile $12,935 Euless $106,675 Grand Prairie $69,764 Grapevine $50,567 Haltom City $38,705 Hurst $98,168 North Richland Hills 74 741 $793,089 Interloca~i Agreement Attachment 1 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 9-24-2007 Agenda No. F.5 Subject: GN 2007-086 Appointment of Chairman to Reinvestment Zone No. 1 and Chairman to Reinvestment Zone No. 2 In accordance with the Bylaws for Reinvestment Zone Number One and Reinvestment Zone Number Two, the City Council is to appoint the Chairman to both boards on an annual basis. Mayor Trevino was appointed last October as Chairman to both boards. The other officers consisting of aVice-Chairman and Secretary are to be elected by the Board of Directors. Recommendation: To appoint the Chairman of the Reinvestment Zone Number 1 and the Chairman of Reinvestment Zone Number 2. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-24-2007 Presented by: Agenda No. F.6 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007-112 iih4 ~~, f Date: September 24, 2007 ~~ ~, +~ ~~ ~~ Subject: Update on Gas Drilling at Graham Ranch On Monday, October 8th Metroplex Barnett Shale Incorporated (a corporation combining the efforts of both Exxon Mobile and Harding Company) will begin fracturing Graham Ranch #1. Fracturing makes small cracks in the rock to help the gas flow into the wellbore. Once the fracturing is complete, production at the site will begin. To prepare for this fracturing, truck traffic carrying needed equipment will increase to and from the drill site. The traffic will increase the week prior to October Stn and last for five to six days. Trucks will also be accessing the site the weekend prior to October Stn The trucks will follow city ordinances and only transport between 7 am and 7 pm on Saturday. The trucks will be cleaned prior to leaving the site to reduce debris on Hightower Drive. The fracturing will take five to six days to complete. After that production at Graham Ranch #1 will begin. At the beginning of production some flaring will occur. The flaring will be directed to the ground, and into the fresh water tank/pond, will not be harmful to nearby residents. Metroplex Barnett Shale Incorporated will be contacting those residents before production begins to inform them about the production process. Metroplex Barnett Shale Incorporated will begin drilling Graham Ranch #2H in early December. Graham Ranch #2H will meet all the current regulations in the Gas Drilling Ordinance. This item is being presented at both the Work Session and Regular Session to allow for questions from Council and to notify the public. Representatives from Metroplex Barnett Shale Incorporated will be making the presentation and answering questions. Respectfully Submitted, Ogden "Bo" Bass, AICP Assistant City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-24-2007 Presented by: Councilman John H. Lewis Agenda No. F.8 Subject: INFORMATION AND REPORTS -Councilman Lewis Announcements The North Richland Hills Public Library will hold its annual Book Sale on Saturday, September 29, from 9:00 a.m. to 4:00 p.m. Hardcover books will be sold for $1, while paperbacks will be priced at 25 cents each. The library is located at 6720 NE Loop 820. For more information, please call 817-427-6814. Get to know your North Richland Hills Fire and Police Departments. Attend the NRH Public Safety Expo from 10 a.m. to 3 p.m. on Saturday, October 6, at the Fire Administration Facility, 7202 Dick Fisher Drive. There will be safety demonstrations and information booths for all ages to enjoy. For more details, call 817-427-6900. North Richland Hills is proud to present the Autumn Night Music concert series. On Saturday, October 6, Me and My Monkey, a Beatles tribute band, will perform. On Saturday, October 13, the Sfudio 54 Band will perform. Admission is free. Concerts begin at 7 p.m. at Kay Granger Park at Mullendore Elementary. Guests are encouraged to bring blankets and lawn chairs. Please consider walking to the park, as parking is limited. For more information, call 817-427-6620. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Terry Wreay, Steven Lopez, and Tyler Boswell, Public Works Department Street Division A resident called to express appreciation for the prompt response given after he reported a pothole on Smithfield Road. He said the pothole was fixed the same day. He appreciated these employees for their speedy effort and attention to detail in area of town that is heavily traveled. He said it is nice to know the City has excellent services. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-24-2007 Agenda No. F.9 Subject: Adjournment