Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CC 2008-11-24 Agendas
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, November 24, 2008 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008 -122 Review and Update of Draft Environmental Impact Statement for Southwest to Northeast Rail Corridor Plan (15 Minutes) A.3 IR 2008 -123 Review of Citizens Survey Information and Comparative Data (10 Minutes A.4 IR 2008 -124 Replacement Schedule of Fire Equipment (10 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney on Litigation - City of Mesquite v PGK Contracting Inc. B.2 Executive Session: Pursuant to Section 551.072 Texas Government Code to Discuss Land Acquisition - Rufe Snow Drive B.3 Executive Session: Pursuant to Section 551.087 Texas Government Code to Discuss Potential Economic Development Incentives to Business Prospects in the Southeast and Midwest part of the City C.0 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -24 -2008 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008 -122 : Date: November 24, 2008 Subject: Review and Update of Draft Environmental Impact Statement for Southwest to Northeast Rail Corridor Plan In 2006, the Fort Worth Transportation Authority (The "T ") began a detailed planning effort to focus on identifying the most appropriate means of transportation to move people from southwest Fort Worth to the north end of DFW Airport. The "T" hired the engineering consulting firm of URS, Inc. to study different transportation alternatives to accomplish this goal. Since rail was one of the transportation modes considered, this particular part of the project was called the Southwest to Northeast Corridor Study (SW2NE) which consists of the Cotton Belt Rail Road through the City of North Richland Hills. The "T" along with URS have looked at several options and have conducted several public meetings over the past year and are now ready to submit an Environmental Impact Statement to the Federal Transportation Administration for review and approval as part of the New Starts (Section 5309) federal funding program. The "T" is now asking for any public comments to be made by any interested parties. Staff has reviewed the environmental document and will present a summary of the environmental impacts identified in North Richland Hills and the recommended mitigation plan to Council during the November 24, 2008 Work Session. Summary of Environmental Document: The environmental impact document identified three alternatives for providing enhanced transportation services in the southwest to northeast corridor. 1. A No -Build alternative — which basically looked at no rail improvements. This alternative did not show favorable results since most major roadways will experience unacceptable levels of service even with planned roadway improvements. The study indicated that Loop 820 and S.H. 26 are forecast to operate at levels of (E) or (F) by 2030 with no alternative transportation means. 2. Express Bus Service - utilizing buses traveling along SH 26 serving park -and- ride lots in Haltom City and North Richland Hills. This alternative would put additional bus traffic on an unimproved section of SH 26 which is not currently planned for new improvements anytime in the predictable future. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � 3. Regional Rail along the Cotton Belt rail line - the SW2NE study identified that the "locally preferred alternative" for expanding transportation services to Northeast Tarrant County and DFW Airport was Regional Rail along the Cotton Belt rail line. The 2030 study forecast was predicted to have a weekday ridership of about 15,500 riders per day with travel times from end -to -end of about 70 minutes compared to 90 minutes for single- occupant autos. The study also included conceptual plans for commuter rail stations along this route, including the proposed Iron Horse and Smithfield Stations. Both of these conceptual plans are attached. Environmental Issues Addressed: Several specific environmental issues were addressed in the draft environmental document and included things such as: Land Use, Economics, Acquisitions and Displacements, Social Impacts, Historic and Archeological Resources, Parklands, Public Safety and Security, Visual and Aesthetic Resources, Air Quality, Noise and Vibration, Biological and Natural Resources, Water Resources and Water Quality, Mineral Resources /Geology, Hazardous Materials, Utilities, Environmental Justice and Construction Impacts. Even though all of the above areas were studied the only significant environmental issue that impacted North Richland Hills was train noise. The "T" did however provide a mitigation plan to significantly reduce the train noise impacts. Station Locations: Since this is the time for public comments, one comment that staff will be making is concerning the location of the train station at the Iron Horse location. The proposed location of the Iron Horse Station is placed on a vacant tract with the platform on the southern end of the property near the Loop 820 frontage road. To facilitate the development of the Iron Horse Station and to provide the maximum opportunities for sustainable transit oriented development staff will be recommending that the proposed platform location be shifted further north near the intersection of Boulder Drive from the current location shown in the environmental document. Staff is not proposing any comments pertaining to the Smithfield Station but did want to let Council know that the environmental document indentifies 700 parking spaces around the future rail station site. The proposed location of the parking spaces shown in the environmental document indicates the displacement of two local businesses in order to provide room for the required parking. Since Staff is currently working with the Gateway Planning Group to develop the transit oriented development (TOD) code and the related planning around both rail sites it is believed that the natural conversion of these two properties overtime would provide for adequate parking areas. Staff is also of the opinion that the planning efforts underway with Gateway Planning Group may identify some additional options for parking that are different from the SW2NE environmental document. The environmental document is only considering the easiest solution for parking and did not consider planning efforts currently being worked on by City Staff and the Gateway Planning Group. Recommended Response to SW2NE Rail Plan for the Environmental Document: 1) Appreciation to The "T" for including the City of North Richland Hills in the SW2NE Study and identifying the Iron Horse and Smithfield stations even though NRH is not a member of a transportation authority. 2) Appreciation to The "T" for allowing input from NRH staff and City Council at numerous public meetings and providing specific planning efforts including rail station site development and market demand studies for the Iron Horse and Smithfield Stations. 3) Solid support for commuter rail along the Cotton Belt line to provide alternative transportation to relieve congested roadways and provide improved access to citizens and employees. 4) Encouragement of the placement of the Iron Horse platform to be located near the intersection of Iron Horse Boulevard and Boulder Drive to take the best advantage of a platform site that better allows for future transit oriented sustainable development in the area. 5) Strong support for the establishment of "Quiet Zones" throughout the SW2NE Corridor to mitigate noise impacts from future commuter rail traffic. Staff is asking for consensus from Council on the recommended comments shown above and would welcome any additional comments that the Mayor and Council would like submitted to the "T ". Respectfully Submitted, Mike Curtis Managing Director of Development Services • 0 Southwest -to- Northeast Rail Area Ma -,%z, E"n loc e u w 5, are p -monvnay ir• mcrJpIInr,-umfn%F- r-fdv;mci vvIU tc c29nec 1jr-her In wt!^Jent AjyL-. • C7 Proposed Iron Horse Station A j J 4 ,J J 44 L • Proposed Smithfield Station �► INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008 -123 Date: November 24, 2008 Subje ct: Review of Citizens Survey Information and Comparative Data r The University of North Texas Survey Research Center recently provided the City with a report comparing North Richland Hills most recent citizen survey data with survey data from the DFW Metroplex, Tarrant County and Metroplex Suburbs. The report found that North Richland Hills residents had higher favorable ratings for the following areas, when compared to the DFW Metroplex, Tarrant County and Metroplex Suburbs: • Quality of Life • Police • Fire • Library • Parks • Recreation • Street Maintenance (non residential) • Recycling • Animal Control City staff will review the findings of this report with Council during the Work Session. Respectfully Submitted, Mary Peters Public Information Officer ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � City of Forth Richland Hills 2007 Metroplex Benchmark Findings Prepared for: City of North Richland Hills am D'Arlene Ver Duin Paul Ruggiere Survey Research Center University of North Texas October 2, 2008 Overview The University ofNm�h Texas ��urveyResearch Center s survey mf Metroplex ' residents between October 3 and Novem ber 11 . 2007 . Since the City of North Richland Hills conducted its citizen survey between September 1O and October 1.2007.the Metrmp|ex Survey provides a good source for benchrnork|ngdata. "Metroplex immm annual survey of1.2UO residents of Collin, Tarrant, Denton, and Tarrant Counties. Three hundred respondents were interviewed in each ofthe four counties. Among the questions asked in the survey, a total of 19 questions regarding city services were included. These questions provide a benchmark for 13 questions |nthe City of North Richland Hills (NRH) Citizen Survey. The Metroplex consists of many cities in various stages of development and population levels. Therefore, it can prove difficult to provide an exact match of community characteristics when constructing a benchmark comparison. \nthis section, three benchmark measures are presented for comparison to NRH`mfindingo. ° PNetrmo|em benchmark: This measure consists mf all 1.2OO respondents included |nthe four-county 4 | �� Data vv�|�h��dbvthepopu|abonofemchcountyand ur'�mu�y *�ropa� Survey. a�er� -' bv race/ethnicity mo that the demographic characteristics ofthe sample closely match those of the Mmtrop|exammwhole. ° Tarrant County benchmark: This measure consists of 300 respondents from the Mwtropkex mun/my living in Tarrant County. w K8mtnop|ex Suburb benchmark: This measure was created by selecting all respondents from the Metnoplex survey who lived \n cities with populations mf less than 1OO.00O people. The data were weighted bw population category tu reflect the composition mf these cities in the Metroplex area. A total of 376 respondents were included in the NYetnmplex Suburb group. Findings When examining the North Richland Hills findings compared tm benchmarks, b}soften helpful to consider the "excellent" and "mowd^ ratings combined. Other findings can babetter understood when comparing the excellent or good findings only. Findings are presented in Table C-1 through CA Sampling error is inherent in survey samples of large populations. When one observes a difference in percentage distributions between NRH and m benchmark comparison, they must ask the question, ^Ooeo this difference represent adiffenence in the population or could this difference be attributed to sampling error?" A test of statistical significance indicates when the differences observed between mnNRH finding and a comparison finding have a low probability mf being attributed to sampling error. The probability im expressed with aohmdmkm where "*" indicates a probability cfless than .05. "°°" a probability of less than .01. and "°°°"o probability of |emm than .001. If therm are no amteMmks, then the prmbmb||)h/ of this type of error is too high to conclude that the differences observed in the findings represent actual differences in the populations. Any time a finding is denoted with one or more amteriakm.vma state that \thma statistically " ' n1fioantdiffeyenom.° Ratings of the quality of life in NRH are higher than ratings those from residents living in the Metnom|mxammvvho|e.|nTm�ant/�muntymr|nPWetnuo|ex�SubuMos. C�therfindings show high poin' for the City mf North Richland Hills es well. The police department, fire Survey Research Center, University Cn North Texas 2 department, Library services, parks, recreational programs, recycling services and animal control each show ratings for NRH that are significantly higher than one or more of the benchmarks. Generally, these ratings are higher for NRH compared to Metroplex and Tarrant County benchmarks and slightly better or similar when compared to the suburb benchmarks. For police department, fire department and parks, NRH's "excellent" ratings are significantly higher than all three benchmarks. The comparison between the street maintenance question tasked on the Metroplex Survey) and the condition of residential streets question tasked in the TRH survey) shows that NRH ratings are lower in the excellent category when compared to Metroplex suburbs. When combining good and excellent ratings, non - residential streets are rated higher than the general street maintenance question in each of the benchmark groups. Since the NR questions were not phrased in the same manner as the benchmark questions, care should be exercised when making comparisons. Although the city has a high percentage of people with Internet access, a smaller percentage have visited the city's website compared to the other benchmark groups. Survey Research Center, University Of North Texas 3 Table C -1 City Services Benchmark Comparisons t The NRH survey obtained these ratings for users only. The Metroplex survey asked all respondents to rate these three services (library services, parks, and recreational programs) whether or not they use them. ' The Metroplex survey rated street maintenance in general, while the NRH survey was specific about ratings for residential and non - residential /major streets. Survey Research Center, University Of North Texas 4 Percenta a responding Area Excellent Good Fair Poor Quality of life North Richland Hills 41.9 52.1 5.5 0.5 ....4a:y a .n ( %'� � ^YYZ s?< ", it ✓e ��. I x,53 f �':: <.'>. "h: "� # ?: ". Y1...f ..'; <�C;.n:y. n). + <.9i'.t ,.1 32.6 51.7 12.8 3.0 Tarrant County*** .. , . ...: n '. .:...:.. ;.. '.. :va.,` M /y ^#•`'�" . ?' . ;��: -0 ?n ".£. +. ,yy. ,. %...;.! ,!�. � G' <Fa `� f� 35��2..,n.:' a+•' �£3 ":55. Vd: ?+r,i'�� '>S�'c::'<d ;`9. ! .Y(�'a .'t ,!di• •r"tt Police Department North Richland Hills 53.7 36.7 7.7 . ..'#?,. .... .... .59<. .9 ... ... .. .. ..... , ^::9 �� ki" "Y: v.. <.! � 0° w.3, .. :. ?�: ";i #:.:' t Q <� �.�f' "� "::�,�� �..5 %1'a�aG ;&fs. °f "Y'" 1 ".:. .'4, .3�� <�".. W.. , f '..fi5. LZ , r Tama n t C oun * 34.6 50.8 9 2/fy.7 .. ... 4+ n • n. ,.,. o..: ......, . .:...a"y �y }( E�> �i��,,£y. r ...'f .; 1: F. ;.t ... '. ....,. '.,:. -';., �Q•r, „kt: M v' WP. 4 .,�'l�ri�o /.e., i".. , f'knYR..: !'s'4yit6: �'�' ? <.'fa�k. y...! y <'�yio'�fi , �. 7 «'� .:kR .<# 1... .;r!s ...b`. zv a $;!:q, w1.s.. f&'e ?.: «.4r.'.- /zR•�"" Fire Department North Richland Hills 56.6 31.4 1 :x ,....:..:., .. . »., »:: ..r . . .. ,a :.. .< s 'R Q :'h�r 1 ;..•: .. v , .... c..:.,,y<). w +. ")v:,�!#Q .4 .. .. ::w : <�.. a" %.1r..;y.,. � <• .. .:,.: , ..:.. .. ,:.. ; !..,. .., ....5. ...,. :.s ,. ,. , . a�' r,...: <. a :<>R"a.w:ta. ,r � `#'!:,.: <�0..� .3 Me �r ..,' .. .n. : ,:.. en +"n r. k°..'... {. ,'.' y< ' ?.: %:" v.'j � 6'�.•. Vi ..d '. s, . ..Y, .,R,;�!' � ;:;r}a•'!L .7'�`f` .: zbQ ,..fe <9.;§:',,'a�.z.,ot.�r!!'. !.�,.?�" <: °w'ly H;k ri:�'y.r %ot rx >"/�a):% '..x.:7"'3.. * ** 46.6 50.2 2.8 0.4 Tarrant Coun .... ..... .. Y.F,:: :. ,".3' /'A .: :a.... .:.. !..5 .....£•... .,� :. '� (�r. x,n:.::.t� �/� �. v.:..k ..3 ,.r .: r.: ». <; /.G .....: :..: .. :A54 <. �.,. { s.!�d' yx, rb) - `�:�:�.,� s�Q �,£, .6 �:� ��. .ef.... :;G a'S: ^.: - Y: " z.�5�s:� :.5:. f•�j `A �r,.i cs #�; �3> "xn .•f' 4F,�'' r�' :�i:���`,'�+y��: ". :.;Q":XJf3<f: 0y,�,%,5.: ���` .d... .::n. � y <',(,i. J': Library Services Richland Hills 58.2 . a. , a ' �./. . ; • : i ■ { / ■� ,.,. ��'"(�'�e: 4.. . itp"� or . �.".. .... # ....,r ,:.. ,.:.L.:... ... .,. a ...9 5:. .£{»� >.",a+ ..:: ;r , ,: , � ..i "F�'<..rx u . , £« ; .A.y :».•. a¢.a .. ; : .",.n. � , , . ,� Q . - 1. . _ . ..•.: ..., , . .....:. :. ... : a . .,. . ": ."..... . , ... ,,. .a .f : .r. r � r }�V�{, F"North 3 V ry}y .... ,. .,. .a :: . :. : :•R>:�>. , < n''"'.',, . a ".1 �d..'iax.w .. �> !�� �((kk I :i Y}�hh'(( ? l '+:L<.u,' .: , J {:, 49 �a : ;y .>�ti�.y' 4 `> �rk} .:A% ."<: 9F« t' r7:. I .' C ;i<.f 2 . V". rfi ;4?' .R<a ;•o. .J';<,'a . K k + + ' rx :: .>a.S'{:i.a :,Y3 ! ° � y?;..;. . /i;.r9{?.'. ., Tarrant County" 4 0 2Y<�.!x 9. 6fl.+7 � MNV- "$ ` . \R.. : .i:Fa 1 y �.5 °;.', , q � < � :£}' `}£,ir.:': ,• `�",. Street Maintenance /Residential Streets North Richland Hills 7.3 56.3 2$a9 ',) V'�' ,. ..,.. w. %;a,,. ., .ro L. ... .. t .,,aa. :.l�5t�'Y:#r°h <.,< "�,' �. �.,,,.y'9•iF• � :. r ::. ,.+ �'t<.A.My�.,F .3,.:;r.< �:. �.:' 0.5��` � �a S %.i. N t: :�, 1 n%? �,d.. ' ' '"R•W f.`t'f�" . >R�>,.�::�6.. n s •" rk .KY:,�" 6ro 'k . ay :i #:x,. •. ''R%: y�y . ,fpp�•!b ..�, : .�;+:> t• nom, -' ;.sr`s; #: ). ::. ' o. .. . %�r:Q F. , Tarrant Count * ** 11.1 �I'��[ij�j Vs W . � 18. .,..:....... <_. ,...., .. .. .... .: W. .. F. .. ":..: ., b.. .. ,a::,.. 8 >. ar .,, m:: '., :a:.;'°+:. a m <..,, . a< :.. .40.55 °".:3•:� $P n` M. ok #: Street Maintenance /Non- Residential North Richland Hills 13.3 17.9 ... .. dr .. .: a -0 . .. , .. .., >.�' .. >.... bY.•. .>.`kyR<k.. ., ': "...,• ... %nv'." �... '.:': .!':.: .. Tarrant Coun * *' 11.1 40.5` 30.1 18.2 , .. .: : >.. su,� n (W : .. a ..„ .. ,,S.r� ,.:.. .. ". . y:.a l ra <rw ...,.> � va.{..�. j. �.... f '..M; „9'g,3. ' .y:i :.,: . "..tJ. , ...:.•Y..fj.,;?� : ]w,. n , .. .. x . .. . ' i:�w, i .�y/VQ�+Y �#� . ` <'. �.�.t. . .. ' '•Y y :. � .:l',l Y,�r�� .. Parks North Richland Hills 5 2.1 42. 7 3 .4 ,,.. 4.. .. �. .st °« :.,a:`.:$�: ";: ;: :�: :.. •.'.:: '.. y5« �`?>'" �. ''x � .;'ttf: "3 �.k�.'h r,:�,, r�.<. y� n j'{#f r : :�£ <d. {' �., 5 ;o`f. �� 4 �$ <i F' �: Vk # ?: 7% „'. '#;Lxi ^. aa. ♦ :iai.,..,. r %!' yx.. , iy4tl.• 4 -r i'Y t.L'�:�d";s r37'.vi'?!:, {n�.�'::�.,�F> %�.T;".�!..'.'. ".>Nb3 n9Y.:,'��A'.: Tarrant County 3 4i T .6 13 "8 3.8 <Y %G .�x. % %k< k a 9 . >9. ..;4:L ..3'x .b ., .ba < �t -' @t`"d#k•. ;;,a :... !. . >t..: «.r«' /y / 5YY5 "���,.i 36}`v.:iWloffl .+�rA�,':a7.. L x.r� .'�.yr # ,::s 5;scr ..;W. �.; ad?•s %`l'�r� ,�,: < aE .,b�p} � C ��.:`'�.", `..QC` &i.?",,, D <.64Y'V f*<,. 9s. t;:r' -d Recreational Programs North Richland Hills 3 ?.5 51.8 �.� 1'2 `'S, 3J ..,R� S.' o . ., .3.7;�:RS"S,do ":'ff.' <:;, 5 3�: :. ,r E! � <. }. :g.S.r. � jx.II:.!,�, �'#: k M � liaa 3.' : �ff � ::,4,'E« xf� � <!<ka. <h #': �'.; ?y' , `ya y..,� �� a ✓ �'"� ..b�..<fh •" ''fi�.' ,V q;, , ;{ t''�'i) fi"rtrY . 3:39L:� 24.9 51.3 18.6 5.2 Tarrant Count . ". ; .� �: 4}y Ft .. :. ^h .,%.� Y „£tQ "`.:: .:;44..��., .,. F!{.',J. +i':£;.":�f..5.. f; )'4'R., `..4:.; Y :..a,/ .;r^yaa ,tgaF#. ..aQfa . " <.,,., r,,:,.. '': ". <.'.' . 3:{ " ". {. ff,�, ,:a�n .� "'sn:�'i %;i8�. '''+Wf. <�A.. f.+�r. Z T�,Y: �� ! '���,�ft?�#; .'!k1a�. .:,?xn'S;• :.'S "�?Ry 'Y' <i:`•"�':,ff�... �5.; �'I:' . ..n r�5si'<. L:si.•�,', Qa .:. t The NRH survey obtained these ratings for users only. The Metroplex survey asked all respondents to rate these three services (library services, parks, and recreational programs) whether or not they use them. ' The Metroplex survey rated street maintenance in general, while the NRH survey was specific about ratings for residential and non - residential /major streets. Survey Research Center, University Of North Texas 4 Table C -2 City Services Benchmark Comparisons (Continued) Table C -3 Internet Access Benchmark Comparisons Percenta a responding Home Work Both No access Internet Access North Richland Hills 31.8 g L 2 . 3aa£Y 51.4 � �A. a ., y -g, i' .y: `s '� •.,:: ir''.?e'. <... ..�a >�sl ,� `�'. st,�������u $:a�::' ;'@c Yo�.m.x ,� k :. R <ay.,t:�,'x.,w �/.'Y�r�dr /aR �f�f µµ kf$ i`.�F,6W5y, y�k'R:tr',���i� A+t �3<yyy`'Y^yy� F,�a .xft k#•, »f Tarrant Countv 28.0 5.7 49.3 F/ ... Table C -4 Visited City's Website Benchmark Comparisons Percentage responding Area Excellent Good Fair Poor Trash Collection Services .ytae "'k�.�e +�o IVI�.'.`f,�8p���EEE�i��vf. a{{:'Ir3fi TS r {��. v.e.`�: ?" 'S%'.: f.;.9 >s: 'li �i, :f •. v Tarrant Coun r ** sg .,i, a {• iS c a7:. 3°? 7 l►etrc IexzSubtirb : <: Y i P J,.:.7�.`,�A, 4 °s - f TES} 71 �r4r <iE F:::: ....: .. 66 0 r �;,°'tKt5 r t 4 ; :.. ; Rtk:* roga Ufa ft, 3a3 `k; er'' �f My.:i1 28�..f =a„ . : 0 North Richland Hills 40 3 49 1 9 �i 1 0 x r s+a b a` a •� - .. «`qY Y '.�.f S: . n ^f; .# Ca <� Tarrant Coun " ** 30.3 47.3 12.9 9.5 v {V� . �A■ y�.y�, �tt■■ j �y t :/'y .. j� .. ��Ot.V'>y,' u „'.';49:.V:.: :. ax,<• ��' ,'Y` <c:... _ • :;. ,.a ;1':r.s a F.: Recycling Collection Services North Richland Hills 33 7 54 2 8 8 3 3 r ...aF eto le lltl Y i 7 { � "I., i lF y�a Tarrant Coun ** 26.3 50.4 15.3 3+ 0 ': tc;Ka. c xs,. ,. .a. `ICx.::.; yarT t s �x fi`at 33r� rw `�i L: "3Lb'.�x £ Z,<'� ���• ""+`a", •s<' 'b. �'��`'t:.'�� �;� 's`k.'2.{t.', :c:��,� #, %;i;. \/r �.s�6a8 FW. >. �:� ,�F� 'u. $k.a k ° Ez4 � Animal Control North Richland Hills 29.3 57 0 10 3 3 4 f." Q ++r 5 9 554 0 19.6 10.5 Tarrant u� ny. ( f W Si £ ';• ,'Y3�'Yr P C.ii %4 41t ' ':h . e: 'k £; i yS , a H $ 'eb.`bv lT Y:. F .` ?t l . . ryYyRb ,< 4V �. . 1i1/f�i� 4 : a '6i 2 .i: •.. ''� ■w M ■• S w. ..: f.:.... t i �5 "' <: X M. .._ Y A . AioP n �yYC±y.I�YVjo. S,vi�.. .i�741, �AV r My {'{yM) V .. •. a.S :.Y Table C -3 Internet Access Benchmark Comparisons Percenta a responding Home Work Both No access Internet Access North Richland Hills 31.8 g L 2 . 3aa£Y 51.4 � �A. a ., y -g, i' .y: `s '� •.,:: ir''.?e'. <... ..�a >�sl ,� `�'. st,�������u $:a�::' ;'@c Yo�.m.x ,� k :. R <ay.,t:�,'x.,w �/.'Y�r�dr /aR �f�f µµ kf$ i`.�F,6W5y, y�k'R:tr',���i� A+t �3<yyy`'Y^yy� F,�a .xft k#•, »f Tarrant Countv 28.0 5.7 49.3 F/ ... Table C -4 Visited City's Website Benchmark Comparisons Survey Research Center, University Of North Texas 5 Percentage responding Yes No Visited city's website North Richland Hills 59.8 40.2 .ytae "'k�.�e +�o IVI�.'.`f,�8p���EEE�i��vf. a{{:'Ir3fi TS r {��. v.e.`�: ?" 'S%'.: f.;.9 >s: 'li �i, :f •. v Tarrant Coun r ** sg .,i, a {• iS c a7:. 3°? 7 l►etrc IexzSubtirb : <: Y i P J,.:.7�.`,�A, 4 °s - f TES} 71 �r4r <iE F:::: ....: .. 66 0 r �;,°'tKt5 r t 4 ; :.. ; Rtk:* roga Ufa ft, 3a3 `k; er'' �f My.:i1 28�..f =a„ . : 0 Survey Research Center, University Of North Texas 5 INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008 -124 . r Date: November 24, 2008 Subject: Replacement Schedule of Fire Equipment Fire apparatus represent a significant part of a City's investment in the community's fire protection. They are highly specialized, technically complicated and very expensive. The type, location and age of the fire apparatus are all factors considered for the City's Insurance Services Office (ISO) Property Protection Classification (PPC) rating. Every effort is made in North Richland Hills to maximize the service life of these valuable resources. The service life of fire apparatus is dependant upon a number of factors including, but not limited to, initial quality, maintenance regimen, workload (number of responses), distance traveled and /or hours of operation, and age. For that reason, there is no established standard for the service life of this very specialized apparatus. Most fire departments in our area retire their apparatus from front line service in 10 to 15 years. In North Richland Hills, it is our plan to retire our engines from front line service in 14 years and keep them in reserve service for six more years, for a total service life of 20 years. We plan to retire our aerial ladder from front line service in 20 years and keep them in reserve for five more years, for a total service life of 25 years. The front line service life planned for our ambulances is currently six years, with four years in reserve status. The ambulance service life is currently under review because the ever increasing call volume is impacting the repair frequency on our front line ambulances in the latter years of their service life. Overall, the service life for fire apparatus in our plan is very optimistic and longer than many other fire departments in the DFW Metroplex. We have been able to stay with the plan due to our ongoing commitment to quality apparatus acquisition and an excellent maintenance program. Safety features incorporated in the National Fire Protection Association (NFPA) 1901 Standard for Automotive Fire Apparatus in the 1991 and later editions require fully enclosed driving and riding areas, auxiliary braking systems, reflective striping, improved warning lights, and the prohibition of roof mounted audible warning devices. Because of these significant safety improvements to fire apparatus, NFPA recommends that only apparatus designed to the 1991 or later editions of that standard be permitted to operate in front line service. Further, it recommends that apparatus that was not manufactured to the 1991 or later standard, or that is over 25 years old, should be replaced. With the placement of our 2006 American LaFrance aerial ladder in front line service last year, we achieved the benchmark of all front line fire apparatus meeting the 1991 or newer NFPA 1901 standard. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � The North Richland Hills Fire Department has developed an Apparatus and Vehicle Replacement Schedule to use as a planning tool for future apparatus and small - wheeled vehicle acquisition and replacement. The document is reviewed and updated annually to ensure that life expectancy projections for apparatus remain valid and estimated cost projections are reasonably accurate. The schedule will be forecast out over a ten -year period of time so that long range budgetary planning and coordination may be accomplished with the Finance and Budget Directors. By using this long -range approach, the fiscal impact of expensive firefighting apparatus may be spread out over multiple years and aid in budget planning. The North Richland Hills Fire Department remains committed to the efficient use of fiscal resources and sound financial planning for the future acquisition and replacement of our firefighting apparatus and vehicles. The Citizens we serve deserve no less than dependable, well- maintained emergency response apparatus that are provided through the effective and efficient use of our financial resources. Our objective at this Council work session is to inform and update Council of our replacement schedule and respond to any questions. Respectfully Submitted Andrew A. Jones Fire Chief Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 11 -24 -2008 Agenda No. B.0 Subject: EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -24 -2008 Presented by: George Staples Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney on Litigation - City of Mesquite v PGK Contracting Inc. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -24 -2008 Presented by: Mike Curtis Agenda No. B.2 Subject: Executive Session: Pursuant to Section 551.072 Texas Government Code to Discuss Land Acquisition - Rufe Snow Drive CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -24 -2008 Presented by: Craig Hulse Agenda No. B.3 Subject: Executive Session: Pursuant to Section 551.087 Texas Government Code to Discuss Potential Economic Development Incentives to Business Prospects in the Southeast and Midwest part of the City Department: City Secretary Presented by: Subject: Adjournment CITY OF NORTH RICHLAND HILLS Council Meeting Date: 11 -24 -2008 Agenda No. C.0 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, November 24, 2008 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Barth A.2 Pledge - Councilman Barth A.3 Special Presentation(s) and Recognition(s) — Recognition of Police Department's Webber Seavey Award presented by Councilwoman Compton 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 Items) from Consent Aqenda 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 November 10, 2008 City Council Meeting B.2 PU 2008 -031 Award Bid 08 -015 for Digital In -Car Video Equipment to L -3 Communications in the Amount of $350,126.00. B.3 PU 2008 -033 Approve the purchase of data storage, backup solution, wireless hardware and installation for the Police Department Mobile Video System (MVS) in the amount of $93,265.57 B.4 GN 2008 -115 Authorize the City Manager to Sign Street Use Agreement for Median Signage In The Diamond Loch Subdivision C.0 PUBLIC HEARINGS C.1 GN 2008 -114 Public Hearing by the City of North Richland Hills for Proposed Amendments to the Project and Financing Plans for Reinvestment Zone Number 1 C.2 GN 2008 -116 Consider all matters incident and related to approving and authorizing certain amendments to the project plan and reinvestment zone financing plan for Reinvestment Zone Number 1, City of North Richland Hills, including the adoption of Ordinance No 3029 and amending the City of North Richland Hills Fiscal Year 2008 -2009 Capital Projects Budqet pertaining thereto. (This item is not a public hearing but is related to Item C.1) C.3 GN 2008 -117 Consider all matters incident and related to approving and authorizing the expansion of Reinvestment Zone Number 1, City of North Richland Hills, including the adoption of Ordinance No. 3030 pertaining thereto (This is not a public hearing but is related to Item CM D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2008 -029 Award a Professional Services Agreement to Baird, Hampton & Brown in the amount of $41,500 00 for the Winter Park Drive and Amundson Road Waterline Project F.0 GENERAL ITEMS F.1 GN 2008 -113 Consider approval of Ordinance authorizing the appointment of certain persons to enforce disabled parking regulations - Ordinance No. 3033 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Lewis H.2 Adiournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Call to Order - Mayor Trevino Council Meeting Date: 11 -24 -2008 Agenda No. A.0 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -24 -2008 Presented by: Councilman Tim Barth Agenda No. A.1 Subject: Invocation - Councilman Barth CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -24 -2008 Presented by: Councilman Tim Barth Agenda No. A.2 Subject: Pledge - Councilman Barth CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Jimmy Perdue Council Meeting Date: 11 -24 -2008 Agenda No. A.3 Subject: Special Presentation(s) and Recognition(s) — Recognition of Police Department's Webber Seavey Award presented by Councilwoman Compton Jointly sponsored by International Association of Chiefs of Police (IACP) and Motorola, the Webber Seavey Award is presented annually to police agencies and departments worldwide in recognition for promoting a standard of excellence that exemplifies law enforcement's contribution and dedication to the quality of life in local communities. This program helps law enforcement agencies worldwide and the communities they serve by redefining the concept of law enforcement and how it is routinely performed. The award is named for Webber S. Seavey, the IACP's first president, and the awards ceremony is held during the International Association of Chiefs of Police annual conference. All projects for consideration focus on the achievement of one or more of the following award goals: • Continually improving services to the community; • Strengthening police relations and promoting community participation; • Effectively using resources; • Enhancing communications within and cooperation among agencies; • Developing creative and innovative approaches that promote excellence in law enforcement. The Police Department's "Building Connections — Building Community" (BC2) Family Resource Program was selected as one of the Top 25 Programs for the 2008 Webber Seavey Award, which was presented on November 10, 2008 in San Diego. This unique multi- agency partnership of civic leaders, the school district and local religious organizations utilizes shared resources to help build family resiliency and proactively intervenes in the lives of those at risk of child abuse and neglect. Since the initiative began, over 823 referrals have been received, and 550 families have been successfully contacted. In one year, Child Protective Services' referrals decreased at least 30% in two targeted school attendance zones. The Webber Seavey Award bears significance that extends far beyond the prestige of winning. The program is designed to raise the standard of quality in law enforcement, to share information on successful police projects, and thirdly, to bring team members within law enforcement agencies together in an interactive problem - solving process. Winning projects are documented and made available to agencies worldwide through a series of special publications - promoting the exchange of ideas and the sharing of information throughout the entire law enforcement community. These innovative programs serve as a blueprint to help others develop and strengthen their agencies to make their communities safer. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -24 -2008 Presented by: Agenda No. A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF NORTH RI CHLAND HILLS Department: City Secretary Council Meeting Date: 11 -24 -2008 Presented by: Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 11 -24 -2008 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: 11 -24 -2008 Presented by: Agenda No. B.1 Subject: Approval of Minutes of November 10, 2008 City Council Meeting Recommendation: To approve the minutes of the November 10, 2008 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 — NOVEMBER 10, 2008 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 10th day of November 2008 at 5:30 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Scott Turnage Mayor Pro Tern, Council Place 6 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Suzy Compton Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Mike Curtis Managing Director Patricia Hutson City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Greg VanNieuwenhuize Assistant Public Works Director Vickie Loftice Parks & Recreation Director Mark Mills Budget Director Patrick Hillis Human Resources Director Angel Bellard Utility Service Manager Jamie Brockway Purchasing Manager Eric Wilhite Chief Planner Chris Swartz NRH20 Manager Absent: (;all to Order Jimmy Perdue Assistant City Manager Mayor Trevino called the work session to order at 5:31 p.m. A.1 Discuss Items from Regular City Council Meeting There were no questions from the Council. A.2 IR 2008 -107 Discuss Ordinance Amending Appendix A and Increase of Water and Sewer Deposits Mr. Larry Koonce, Director of Finance, discussed with Council the City's current ordinance addressing water and sewer deposits, the need to update the ordinance and the proposed changes to the water and sewer deposits. Mr. Koonce explained that a deposit should guarantee payment when an account is terminated and the water and sewer deposits should be an amount sufficient to cover an average two -month bill. The city's current ordinance has not been changed since it was approved in 1988 and is insufficient to meet the two -month requirement. Mr. Koonce presented an analysis of a two -month average bill. Mr. Koonce advised the city's average write -off over a five -year period is $118,410 per year and presented a graph showing the number of accounts written off in the last five years and the amounts. Staff is recommending that deposits for all new customers be increased to an average two -month water and sewer bill and deposits for customers that are disconnected for non - payment three times during a twelve -month period be increased accordingly. Mr. Koonce highlighted the proposed ordinance. There were questions from the Council on how the size of the line affects the deposit amounts required for commercial accounts, how North Richland Hills compares with surrounding cities' deposits and write -offs, and the city's policy on shutting off delinquent accounts. Council was advised that for a business locating in a building with a larger line than the business required, the deposit amount would be determined by the size of the meter. Staff advised of the deposit amounts required by the surrounding cities and NRH's policy for delinquent accounts. Staff did not have information available on other city's write -offs but advised they would obtain the information. Formal action was taken on the item during the regular council meeting. A.3 IR 2008 -117 NRH2O 2008 End of Season Report and 2009 Planning Mr. Chris Swartz, NRH20 Manager, presented a PowerPoint presentation highlighting NRH2O's 2008 End of Season report. Mr. Swartz reviewed the attendance, financial performance, season pass sales, marketing, donations, group sales, revenue operations and the 2008 survey results. Council was advised of the marquee or "not to exceed" pricing plan for the 2009 season. Mr. Swartz discussed the 2008 season's outbreak of Cryptosporidium and advised Staff is researching and evaluating operations changes in the event it emerges again next year. Staff will be bringing recommendations to Council. The Council concurred with the 2009 recommended not to exceed ticket prices. AA IR 2008 -118 Review Development Plan for the Third Phase Attraction and Restroom Facility at NRH2O Mr. Chris Swartz, NRH20 Manager, advised of plans for the 2009 attraction and the reasons to continue to move forward with the project during unfavorable economic conditions. Mr. Bill Thornton, Assistant Parks Director, presented the location of the new attraction and the various components of the new amenity designed to attract the pre -teen and teen age group. Mr. Joe Pack, Capital Projects Superintendent, reviewed each of the design elements of the new amenities. Council questioned the number of lifeguards that would need to be added and the estimated population of the teen and pre -teen area. A.5 IR 2008 -119 Status Report on Capital Improvement Projects Mr. Mark Mills, Budget Director, presented a PowerPoint presentation providing a quarterly update on the status of capital improvements projects. Mr. Mills provided a brief update on the projects completed during fiscal year 2007/2008 and an update on significant projects continuing into Fiscal Year 2008/2009. Mr. Mills reported on the project status, total cost and project costs to date on the following projects continuing into fiscal year 2008/2009: • Signalization — Mid - Cities Boulevard @ Winter Park — Davis Boulevard @ Bursey Road — Precinct Line Road @ Amundson Drive — Precinct Line Road @ Rumfield • Starnes Elevated Tank Rehabilitation • Amundson Elevated Tank Rehabilitation • Grand Ave Park Plaza • Fire Mobile Data Computer Replacement B.0 EXECUTIVE SESSION B.1 Executive Session: Deliberation of Personnel Matters as Authorized by X551.074 - Deliberate the Appointment, Employment, Evaluation, Duties of Public Officers and Employees to wit: City Manager B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Mineral Leases) Mayor Trevino announced at 6:29 p.m. that the Council would adjourn to Executive Session pursuant to the provisions of Sections 551.074 and 551.072 of the Texas Government Code to deliberate the appointment, employment, evaluation, duties of public officers and employees to wit City Manager and to deliberate the lease of city property for mineral leases. C.0 Adjournment Mayor Trevino announced at 7:03 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 November 10, 2008 at 7:13 p.m. ROLL CALL Present: Oscar Trevino Scott Turnage John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Tim Welch Staff: Larry J. Cunningham Jared Miller Karen Bostic Mike Curtis Patricia Hutson George Staples Absent: Jimmy Perdue Mayor Mayor Pro Tem, Council Place 6 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Managing Director City Secretary Attorney Assistant City Manager A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance. None. None. None. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.4 CITIZENS PRESENTATION A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF OCTOBER 27, 2008 CITY COUNCIL MEETING B.2 RP 2008 -09 CONSIDERATION OF A REQUEST FROM VIEWTECH, INC. TO APPROVE A REPLAT OF LOT 1, BLOCK 1, INTO LOTS 1 R AND 2, BLOCK 1, IRON HORSE ADDITION (LOCATED AT 6100 BROWNING DRIVE - 31.56 ACRES) B.3 PU 2008 -030 AWARD BID NO. 08 -040 FOR THE ANNUAL MISCELLANEOUS CONCRETE IMPROVEMENTS MAYOR PRO TEM TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN SAPP SECONDED THE MOTION'. MOTION TO APPROVE CARRIED 7 -0. No Items for this category. C.0 PUBLIC HEARINGS D.0 No items for this category. No items for this category. PLANNING & DEVELOPMENT E.0 PUBLIC WORKS GENERAL ITEMS F.1 GN 2008 -109 AMEND APPENDIX A OF NORTH RICHLAND HILLS CODE OF ORDINANCES AND INCREASE WATER AND SEWER DEPOSITS - ORDINANCE NO. 3026 APPROVED Mr. Larry Koonce, Director of Finance, presented the item. Mr. Koonce discussed the City's current ordinance and explained that a water and sewer deposit should equal an amount sufficient to cover an average two -month bill to guarantee payment when an account is terminated. The City's current ordinance was approved in 1988 and is insufficient to meet the two -month requirement. An analysis of the average write -offs was presented. The average write -off over a five -year period is $118,410 per year. Staff is recommending that deposits for all new customers be increased to an average two -month water and sewer bill and deposits for customers that are disconnected for non - payment three times during a twelve -month period, or seek new service after evidence of non - payment on their prior account, be increased accordingly. The proposed schedule for deposits to be effective January 1, 2009 was presented. Highlights of the proposed ordinance include: • Increasing residential deposits from $55 to $100 • Expanding the meter size categories for commercial deposits from three to six categories • Adding a commercial deposit category for accounts that discharge abnormal sewage into the City's sewer system • The deposit for commercial accounts with at least 12 consecutive months of data will be 2 times the average monthly bill. Without 12 months of data, the deposit will be charged based on the deposit table • Allows for an increase of a deposit for residential and commercial customers due to non - payment on a prior account or disconnection for non - payment three times within a twelve month period • Allows the Director of Finance to annually review and adjust the deposits by the percentage increase in water and sewer rates as a result of pass through charges from wholesale providers Trinity River Authority and City of Fort Worth. COUNCILMAN WELCH MOVED TO APPROVE GN 2008 -109, ORDINANCE NO. 3026. COUNCILMAN WHITSON SECONDED THE MOTION. Councilman Welch clarified for the citizens that the deposit increases are not for existing customers, but for new customers and customers who are disconnected for non- payment. MOTION TO APPROVE CARRIED 7 -0. F.2 GN 2008 -100 INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT - RESOLUTION NO. 2008 -055 APPROVED Mr. Larry Koonce, Director of Finance, presented the item. Resolution No. 2008 -055 allows the City to make expenditures for projects that require funding prior to the bond sale in the spring of 2009 and to reimburse those expenditures with the proceeds of future debt. The third phase attraction for NRH2O is one such project that will require funding prior to the bond sale. Approval of the resolution does not commit the City to issue any debt but only allows the City to reimburse itself for any projects approved by the Council and requiring interim funding prior to the bond sale. Mr. Koonce explained to Council that the City has the ability at any time to delay or cancel a project. All projects will be brought to Council for approval and each individual project will be evaluated based on the current economic situation and on the current budget contingency plan. The budgeted projects include the 2003 bond election street projects in the amount of $7,055,000, the third phase attraction and restroom projects for NRH2O in the amount of $1,855,000, TIF 1 expansion projects in the amount of $3,500,000, drainage projects in the amount of $450,000, utility projects in the amount of $3,115,000 and fire and public works equipment in the amount of $845,000. Council was advised the interim financing would be appropriated from existing reserves and should the City not sale the bonds, it is possible that the City would carry its own note for a year until the market turns around. AFTER A BRIEF DISCUSSION AND QUESTIONS, COUNCILMAN LEWIS MOVED TO APPROVE GN 2008 -100, RESOLUTION NO. 2008 -055. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 GN 2008 -111 APPOINTMENTS TO NAMING BOARD APPROVED Patricia Hutson, City Secretary presented the item. The Naming Board was established by Ordinance No. 2517 for the purpose of submitting recommendations to the City Council for the naming of City facilities. The Board consists of three council members. Mayor Pro Tern Turnage, Councilman Barth and Councilwoman Compton are currently serving on this board. The ordinance provides that the appointments to the board are to be made annually and that the Mayor, subject to Council approval, makes the appointments. Mayor Trevino is recommending that Mayor Pro Tern Turnage, Councilman Barth and Councilwoman Compton be reappointed to the Board. MAYOR PRO TEM TURNAGE MOVED TO APPROVE GN 2008 -111, REAPPOINTING MAYOR PRO TEM TURNAGE, COUNCILMAN BARTH AND COUNCILWOMAN COMPTON TO THE NAMING BOARD. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 GN 2008 -112 AN ORDINANCE PROVIDING FOR DELEGATION OF AUTHORITY TO CITY MANAGER - ORDINANCE NO. 3027 APPROVED George Staples, City Attorney presented the item. Ordinance 3027 is intended to address the requirements of Sections 252.021 and 271.114, Texas Local Government Code dealing with purchases and contracts which use any methodology other than lowest bid. These statutes require that governing bodies determine whether to use some other methodology, such as "best value," prior to the advertisement for bids. The statutes allow this determination to be delegated, and this ordinance delegates the power to determine to the city manager or his designee, which is consistent with the City's practice. COUNCILMAN SAPP MOVED TO APPROVE ORDINANCE NO. 3027. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.5 GN 2008 -110 INCREASING THE MAXIMUM CONTRIBUTION RATE LIMIT FOR TMRS - ORDINANCE NO. 3028 APPROVED Patrick Hillis, Director of Human Resources presented the item. As part of the 2008- 2009 budget, Council approved the implementation of the eight -year phase in option for TMRS. In 2009, the City's contribution rate will increase from 13.41% to 14.26 %. State law places a maximum contribution rate limit for TMRS cities which varies according to the employee matching ratio. The city's maximum contribution rate is 13.5 %. The contribution rate approved by Council for the 08/09 budget is 14.26 %. Per State law, when a City's annual contribution rate exceeds the maximum rate, cities may either remove the maximum rate limit by passage of an ordinance, increase the maximum contribution rate to 15.50% by passage of an ordinance, or adjust their TMRS benefit to a level that would prevent the City from exceeding the maximum rate. The proposed ordinance increases the statutory maximum contribution rate limit from 13.50% to 15.50% and allows the City to move forward with the eight -year phase -in option. The funds for the contribution rate increase were approved as part of the 08/09 budget. No additional funds are being requested, This is just an administrative requirement according to State law. Rather than eliminating the statutory maximum rate limit, Staff recommends the incremental increase to 15.50 %. Councilman Sapp questioned what the City's options would be when the City's rate exceeds the authorized 15.50 percent. Mr. Hillis advised that based on current projections, the City will exceed the 15.50% contribution rate limit during fiscal year 2010 -11. If the City were to approve the eight - year phase in and exceed the 15.50% then at that time Council would need to approve another ordinance or consider adjusting benefit levels. COUNCILMAN LEWIS MOVED TO APPROVE ORDINANCE NO. 3028. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA ITEM #1 DELIBERATE THE APPOINTMENT, EMPLOYMENT, EVALUATION DUTIES OF PUBLIC OFFICERS AND EMPLOYEES TO WIT: CITY MANAGER - RESOLUTION NO. 2008 -059 APPROVED Mayor Trevino presented the item. Resolution No. 2008 -059 extends the City Manager's term of employment until December 1, 2011. City Manager agrees to remain in the exclusive employ of the City until December 1, 2011, and neither to accept other employment nor to become employed by any other employer until said termination date, unless an earlier termination date is agreed as herein provided. City Council will review annually in 2009 and 2010 the performance of the City Manager and may, after review, extend the term of employment effective December 1 of each of such years by one year in addition to the remaining term. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION No. 2008-059 AS PRESENTED. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. ITEM #2: DELIBERATE THE LEASE OF CITY PROPERTY (MINERAL LEASES) APPROVED Mr. Jared Miller, Assistant City Manager presented the item. On May 3, 1999 Oak Hills Joint Venture deeded to the City a 2.711 -acre tract of land for $10.00 and the assumption of the 1999 Ad Valorem taxes on the property. The property is used as a utility right of way and is located behind the Tarrant County precinct facilities located on Precinct Line Road. Harding Energy Partners (HEP) on behalf of Chesapeake Exploration, LLC is seeking a three year (36 month) lease on the 2.711 acres. The lease was negotiated over the course of the summer along with the Little Bear Creek and J.B. Sandlin park leases. The lease terms are $20,000 per net mineral acre and 25% royalties. The lease will expire on November 10, 2011. Staff is recommending approval of an oil and gas lease with the same terms as the Little Bear Creek and J.B. Sandlin park leases. COUNCILMAN WHITSON MOVED TO APPROVE THE MINERAL LEASE ON THE 2.71' ACRES WITH THE SAME TERMS AS THE LITTLE BEAR CREEK AND J.B. SANDLIN PARK LEASES. MAYOR PRO TEM TURNAOE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Mayor Pro Tern Turnage made the following announcements. The Night of Holiday Magic volunteer coordinator is now accepting volunteer applications for our 2008 holiday event which will be held from 4 p.m. to 8 p.m. on Saturday, December 6t ". More than 200 volunteers are needed to ensure A Night of Holiday Magic runs smoothly. To volunteer or get more information, please contact Elizabeth Reining at 817 - 427 -6015. Keep NRH Beautiful is partnering with the BISD Clothes Connection and Cornerstone Assistance Network to provide warm coats and blankets for those in need in our community this winter. Please clean out your closets and drop off your extra, gently used, winter coats and blankets at the NRH Neighborhood Services Department, located at 7200 -C Dick Fisher Drive South. Donations will be accepted through November 14th. For more information, please call 817 - 427 -6650. North Richland Hills City Hall and other non - emergency offices will be closed on Thursday and Friday, November 27 and 28 for the Thanksgiving holiday. Duncan Disposal will not provide garbage and recycling collections on Thanksgiving Day. Thursday's collections will be made on Friday and Friday's collections will be made on Saturday. Kudos Korner - Entire Staff, Animal Adoption & Rescue Center - A letter was received from a resident thanking the Animal Adoption & Rescue Center's staff for helping all of the animals, including the puppy she adopted. The puppy was very scared at first, but is doing wonderful now. The resident knows the Animal Center's staff has a difficult job and she appreciates all that they do. She said, "You guys are the greatest!" H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:58 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: JPerdue /LKoonce Council Meeting Date: 11 -24 -2008 Agenda No. B.2 Subject: PU 2008 -031 Award Bid 08 -015 for Digital In -Car Video Equipment to L -3 Communications in the Amount of $350,126.00. The current video system has been in place for approximately 10 years and utilizes a combination of VHS and DVD Ram technology. During the scheduled project, fifty -two (52) mobile video systems will be purchased to replaced the existing systems in every police patrol vehicle, marshal vehicle and police motorcycle. The new system will be an upgrade to a digital video recorder (DVR) technology. The current Mobile Video System is utilizing DVD RAM capabilities, recording to a DVD disc. This technology requires the officers and Public Safety Officers (PSO) to log and archive each disc which presents physical storage and retrieval problems. This creates issues with ensuring the integrity of the data. With the mounting legal issues regarding proof of data purity, the new system would provide an audit trail that can prove the data is pure. This new system will allow for automatic upload from the vehicle to the server when the units are in range of a designated wireless access point. Crime Control and Prevention District operating funds have been dedicated to video replacements. Notice of the City's intent to accept proposals was advertised in local newspapers, as required by State statute, and posted on the City's website. Thirty five (35) vendors were contacted and requested to participate in this proposal process. There was a mandatory pre - proposal conference that was held and seven (7) companies were represented at this meeting. Five (5) bids were received from the following vendors who had attended the mandatory pre - proposal conference: Coban Integrian John Wright Kustom Signal L -3 Communications A selection committee was comprised of five (5) North Richland Hills staff members who represented the Police (Jimmy Perdue and Mike Hamlin), Information Systems (Kyle Spooner) Finance (Jamie Brockway) and Fleet Services (Thomas Powell) Departments. The committee evaluated the five (5) proposals and selected the top three companies proposals based on: • Competitive pricing; • Thoroughness of the response; • Quality of the materials to be installed; • Actual testing of the product under "normal" conditions; • Reputation /references of companies; • Support of the installation after completion of the job; • Completion time During the committee's evaluation of the submitted proposals it was determined that Kustom Signals and Integrian were unable to satisfactorily meet the evaluation criteria. • Kustom Signals did not offer a motorcycle unit and the system was unable to record audio at the required 1000+ feet range during the testing phase. The "talk- time" of the wireless microphone was not within specifications. • Integrian's system did not allow for the activation of the system from the wireless microphone and the system's audio recordings could not be paused. The "talk - time" of the wireless microphone did not meet specifications. Integrian's option for removable media was a "Hard Drive" which was a concern for the evaluation committee. When the committee discussed the removable media option, Information Systems preferred the ease and safety of the "Flash Card" or "Memory Stick" over a removable "Hard Drive" which could be dropped and destroyed. John Wright was considered, but the Panasonic system did not provide satisfactory video as a result of the field testing and the camera's inability to focus well was questionable. This system did not allow for simultaneous recording from two separate cameras. The "talk- time" of the wireless microphone did not meet specifications. COBAN was also considered but the system's option for removable media was a "Hard Drive" which was a concern for the evaluation committee. When the committee discussed the removable media option, Information Systems preferred the ease and safety of the "Flash Card" or "Memory Stick" over a removable "Hard Drive" which could be dropped and destroyed. COBAN also did not offer a motorcycle unit. L -3 Communications Mobile Vision scored the highest based on the criteria evaluated by the committee. The pricing was the lowest of the three finalists, and the proposal submitted was methodical and addressed all the requirements of the City's RFP 08 -015. L -3 Communications Mobile Vision equipment met or exceeded all the expectations of the testing committee. The proposal included the necessary installation of the equipment and extensive support network. This is a Capital Improvement Project (IS0701) that includes funds that have been set aside from the Crime Control District budget since 2006 ($223,718.00) as -well as Information Services Reserves ($216,000). In addition there will be a transfer from the Court Technology fund of $10,930 to purchase the systems to be used in the Marshal's vehicles. The total of this award is $350,126, with the total funds for this project being $450,648. The balance of the funds will be used to purchase the associated computer server and other system infrastructure on a companion item on this agenda. The original project budget was $456,000. Recommendation: To award bid 08 -015 for Digital In -Car Video Equipment to L -3 Communications in the Amount of $350,126.00. DIGITAL IN -CAR VIDEO SOLUTION 40 ASMBACNZ -1 • w , 1 � 4 ' a * Compact Flash Storage * Automated File Transfer * Hands Free Operation * Maintenance Free * 131 Resolution * No Moving Parts Standard In -Car System Includes: Recommended Options Include: • FLA5HBACKZ' In -L3r Digital 'Jideo Recorder U58 Icentitieaticn Key - Nite- Watch" Colo- Camera with a 32x Optical - 144x - Rear Seat Infrarcd Carncra Digital zoom * Radar nterf;anp • Standalone Active Matrix Color 35" LCD Monitor Console * Collision Sensor • Voicel-iak Plus' 900MHz DSS Wirele5� M;crophone • Wireless 8C2.11(aeg) LAW Card anc Antenna • 8CB or 16GB Compact Flash Memory Card Available (Record time of 8 -12 hours or 16 -24 hour) • GPS Receiver and Antenna • Al I mou its, cables and hard%varc • 1 -Year ractory Parts & Labo - War rant (instillation not included) Ft_ASHBACK2 is avallaole with two distlict management pact :ages: The Digital Evidence Viewer (DEV) is the standalone workstation version of the evidence management solution. It is targeted at small agencies with fleece of less than 18 tota vehicles. As witf all L -3 solut;ons, it supports wireless upi)ading and the interface is simple and web- basec. Digital Evidence Pro (DEP) - The Digital Evidence Pro solution offers server class network -based systems. The agency has the ability to securely access evidence from any network - connected PC through a simple web browser and no special client PC software. CSISR > GOVERNh1ENT SERVICES > AM &l!4 > SPECIALIZED PRODUCTS Mobile- Vision, Inc, CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: JPerdue /LKoonce Council Meeting Date: 11 -24 -2008 Agenda No. B.3 Subject: PU 2008 -033 Approve the purchase of data storage, backup solution, wireless hardware and installation for the Police Department Mobile Video System (MVS) in the amount of $93,265.57 In the approved 2008 -2009 Capital Budget City Council approved and appropriated funds for a mobile video system for the Police Department. The project included data storage, backup solution, and wireless hardware for the proposed video system. The purchase and installation of the storage will provide adequate storage space to house the digital video files uploaded from the police vehicles and provide access to all police personnel to view the appropriate video files. The backup solution will provide a reliable, redundant backup system to ensure that the data /videos stored on the storage unit are preserved in the event of a disaster. The installation of the wireless hardware (access points) throughout the city's existing facilities will allow the video system to upload recorded videos. In an effort to continue the Council's goal of standardizing technology solutions, staff is recommending the purchase of data storage and backup solutions from Dell, Inc. in the amount of $73,751. The City currently employs Dell /EMC storage and backup solutions and has educated staff to support this platform. Dell, Inc. participates in the State of Texas Department of Information Resources (DIR) cooperative purchasing program. By purchasing from this contract the City meets all State competitive bidding requirements. The Information Services staff solicited and received quotes from three (3) vendors for hardware, cabling, and installation of city standard Cisco wireless access points. The vendor quotes are as follows: Premier Communications $221550.24 Dial Communications $ 9,975.00 Splendid Technologies $19,514.57 The Dial Communications bid was rejected. It did not include all of the equipment necessary to implement the project and Dial Communications is not a Cisco certified reseller, which would prohibit the City from receiving a maintenance contract from Cisco. Therefore staff recommends awarding the purchase to the next lowest bidder, Splendid Technologies for the amount of $19,514.57. Recommendation: Approve the purchase of data storage, backup solution, wireless hardware and installation for the Police Department Mobile Video System (MVS) in the amount of $93,265.57 (Dell, Inc. $73,751.00), (Splendid Technologies $19,514.57). Prepared For: NORTH RICHLAND HILLS, CITY OF Customer Number: 2445174 Ship To: Prepared by: Matt Hodge Phone: 615-795-8725 ........... note Name: North Richland Hills - Superloader Quote#: 1001929392 Date: 26-Sep-2008 NORTH RICHLAND HILLS, CITY OF Bill To: NORTH RICHLAND HILLS, CITY OF 7301 NE LOOP 820 7301 NE LOOP 820 NORTH RICHLAND HILLS, TX 76180 NORTH RICHLAND HILLS, TX 76180 Line # Qty Product ID Description Units Total Deal Price (USD) 1 I 1 3-03893-01 7.5M MM CBL 50MIC LC-LC EA 2 1 MR-LUCON-01 MEDIA 1-PK QTM CLEANING CARTRIDGE FOR LTD IMEDLA EA 1 1 3 5 MR-L4MQN-05 5-PK QTM DATA CARTRIDGE FOR LTO-4 EA 4 1 3-04307-10 LT04 BARCODES 0001 -0100 EA 5 1 LSC05CH4G138A SC50 LIBRARY 1 LTO-4 FC: EA 6 1 SSC05LSOOGL31 I IVINT SC50 INCL DRIVESGOLD THREE YEARS ZONE I EA 7 1 JSSC05NS60001 SC50 LIBRARY INSTALLATION ZONE I I EA--- LAA1 I -- - - I .. ...... .... PrePaid SW Maintenance Summary: Software Total HW Warranty Upgrade Summary: so Services and Maintenance Total Platform Total 40 zV'V-j3 $0 $20,913 *Note', These prices only reflect the maintenance prices of the items that were included as part of a configuration (spare models ordered on their own are NOT included). Also, the highest level of maintenance is assumed if maintenance was not already ordered for those items (if maintenance was ordered, the level ordered wilt be used for these calculations). EMC Scope of Warranty Services EMC, Corporation CEIVIC") agrees to provide the following Services to Dell Computer Corporation ("Den Customers during the warranty period under the following terms and conditions. The delivery of DEFINITIONS- . ......... ..... . ............. . ...... ....... ...... . - —'.;. .............. . ........ . Prepared For: Customer Number: Prepared by: Matt Hodge Phone: 615 -795 -8725 Quote Name: North Richland Hills NEW NX Quote #: 1 001903697 Date: 23- Sep -2008 Ship To: NORTH RICHLAND HILLS, CITY OF Bill To: 73011 NE LOOP 820 NORTH RICHLAND HILLS, TX 761807 US NORTH RICHLAND HILLS, CITY OF 7361 NE LOOP 820 NORTH RICHLAND HILLS, TX 76180 us Line # Qty Product ID Description Units Total Deal Price (USD) 1 1 NX4.2C -A -FD NX4 NAS ENCLOSURE W/ TWO BLADES - FIELD INSTALL EA 2 1 NA- 3PDAE -FD NX4 SASISATA DISK EXPANSION DAE -FIELD INSTALL EA 3 1 NX4- AUXFCR NX4 CAPTIVE ARRAY - HELD INSTALLED EA 4 1 NX4 -CS -FD NX4 CONTROL STATION - FIELD INSTALLED EA 5 16 NA- SS07 -010 DISK 10 0OGB 7.2K 512BPS SATA 3GB 32MB EA 6 2 NA- SS07 -OIGHS IOOOGB 720ORPM SATA If DRIVE HS EA 7 1 VNX4- 1000ATA5 NX4 VAULT PACK 5XIO00GS SATA DISKS EA 8 1 NX4 -2 -CBL NX4 DUAL BLADE CABLE KIT EA 9 1 NX4 -EXPAN NX4 EXPANSION ENABLER SAS /SATA DRIVES EA 10 1 MODEM -US UNITED STATES MODEM EA 11 1 NX4-C -DCD CELERRA NX4 SW /DOC MEDIA KIT EA 12 1 NX4-IS -DCD CELERRA NX4 ISCSI SWIDCC MEDIA KIT EA 13 1 NX4- IS-NF -L CELERRA NX4 ADD ISCSI LICENSE TO UNIX NFS LICENSE EA 14 1 NX4 -2- UNIX -L CELERRA NX4 DUAL BLADE UNIX NFS LICENSE EA 15 1 PS- BAS -INGUI RACK & STACK WITH CSA INSTALL EA 16 1 PS- BAS -PMSLK COMMERCIAL PMGMT 4HRS OS EA 17 1 PS- BAS -SABLK COMMERCIAL SA 4HOURS QS EA 18 1 CE- VALPAKNS CELERRA VALUEPAK EA 19 1 M -PRESW -001 PREMIUM SOFTWARE SUPPORT EA 20 1 WU -PREHW -0301 PREMIUM HARDWARE SUPPORT - WARR UPG EA 21 1 NX4- SPS -FD NX4 OPTIONAL 2ND SPS -FIELD INSTALLED EA -.... - .. -� •- + »•. «...a+csav:c v%41441110 UJIM"Utc ISIMal a.14'zV:D PrePaid SW Maintenance Summa $ 900 Software Total $ 4,122 HW Warranty upgrade Summary: $ 2,684 Services and Maintenance Total $ 10,928 Platform Total $ S2,838 City of North Richland Hills Proposed Solutions Product ! Mfg Part # QTY Ext. Price CISCO 1310 WLS AP!BRG RP -TNC CONN FCC CNFG $7;025 -14 9 5.2DB1 OMNIDR MAST MOUNT ANT CISCO AIRONET 1300 ROOF MOUNT KIT 18 9 $1,944.56 $1,463.12 RG -6 Coax Plenum 5000 $2,900.00 RG -6 F Connectors Compression , 36 $90.00 _ TMZ 34119E Mari Lift __ 1 $618.75 Miscellaneous Materials 18 $112.50 Cable Supports (J-Hooks, Hanger Wire, Etc. 100 $325.00 Cabling Labor 1 $3,685.50 Hardware Labor 1 $1,350.00 Sub Total Estimate $1 9514.57 Sales Tax Not Required $0.00 Grand Total Bid $19,514.57 Terms and Conditions: Shipping and Sales Taxes are not included. Due to market volatility, this proposal is valid for a period of 30 DAYS. No warranties are expressed or implied, including but not Urnited to merchantability or fitness fora particular purpose. Splendid Technology Services shall be indemnified and held harmless from all claims, losses, expenses, that result from the acts or omissions of Splendid Technology Services and its employees or agents with regard to computer and network infrastructure related services. All changes to the project are to be agreed upon by both parties through change orders in writing. These change orders will specify any and all additions or deletions to the estimated cost of the project. A 50% earnest payment of total project cost is required for equipment purchases upon proposal acceptance. The remainder will be invoiced upon sign - off with NET 15 terms. Acceptance: By signing below, customer affirms that he /she is authorized to sign on behalf of the client City of North Richland Hills Title: Signature: Print Name: Date: Proposal 0908 -080 02005 Splendid Technology Services, LLC. Confidential Page 5 October 14, 2008 CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 11 -24 -2008 Presented by: David Pendley Agenda No. B.4 Subject: GN 2008 -115 Authorize the City Manager to Sign Street Use Agreement for Median Signage In The Diamond Loch Subdivision The Diamond Loch Homeowners Association of North Richland Hills has approached staff requesting permission to install a subdivision identification sign within the median of the Diamond Loch Drive right -of -way (south of the intersection of Glenview and Diamond Loch Dr. (See Location & Aerial Exhibits #1 and #2) In accordance with the sign regulations, private signs are prohibited on public property unless they are authorized by the city. The attached Street Use License Agreement (Exhibit 3), which has been reviewed by the city attorney, is the mechanism being utilized to authorize the installation of a private sign within a street right -of -way. The agreement calls for the following: 1. The HOA's use of the right -of -way shall not prohibit franchise utility companies from using the right -of -way in accordance with the terms of their franchise agreements. 2. The license agreement is valid for 50 years unless the city council, in its sole discretion, terminates the license. 3. The monument sign must not be located in the visibility triangle and shall be located a minimum of 15 feet behind the Glenview Dr. right -of -way. 4. Upon expiration or termination, the HOA agrees to remove the sign and re- vegetate the area. The attached exhibits (Exhibits 1 and 2) indicate where the sign will be located and the attachments in the agreement show how the sign will appear once it is installed. The HOA is also considering options to upgrade the street lights along Glenview Drive in the near future. The president of the Diamond Loch Home Owners Association, Mr. Russell Mitchell, has signed and notarized the Street Use License Agreement on behalf of the HOA. Recommendation: Approve GN 2008 -115 '-Vll w 5a O .0- -Tim w CP I -X I �13 ILI M I Phis Exhibit 1 - Location Map 31 qJ Lone Star Gj5 P i oe I i^e - 1015 11 >0 00. A, 6, We, the Ji- 'Bel-Va a portion of t!:e locaied in North RichW metes and bounds as fo;. -cc! rod 3i the Sou!hea: Country Club by Deec' recorded in Val. 3• X.AThence along f-he Gist line of 0•amorg'. Oaks Cou'lif: N 124081E • 1110% feet, N' to, 37'w- 60G5400 feet, S" fee, N Thence N Gl' I 4'E - 824 4q'loc Feet to a Point- in the Thence with the Wes+ R.O.W. line of Glenview Or:• P the left with j.R,3dius of 75(a 2/jo feet to a point . i .5aufh,-jstL-r1y with fhe arc of 3?7a curve, Thence 5 00' 7l' E ; at 192 51in feet passing fho Or GIL % 43 01 4!3 15' 30. 7&40 1015 11 >0 00. A, 6, We, the Ji- 'Bel-Va a portion of t!:e locaied in North RichW metes and bounds as fo;. -cc! rod 3i the Sou!hea: Country Club by Deec' recorded in Val. 3• X.AThence along f-he Gist line of 0•amorg'. Oaks Cou'lif: N 124081E • 1110% feet, N' to, 37'w- 60G5400 feet, S" fee, N Thence N Gl' I 4'E - 824 4q'loc Feet to a Point- in the Thence with the Wes+ R.O.W. line of Glenview Or:• P the left with j.R,3dius of 75(a 2/jo feet to a point . i .5aufh,-jstL-r1y with fhe arc of 3?7a curve, Thence 5 00' 7l' E ; at 192 51in feet passing fho • Exhibit 2 - Aerial View Exhibit 3 — Street Use License Agreement STREET USE LICENSE AGREEMENT The parties to this agreement are the City of North Richland Hills, herein "City" and Diamond Lock Home Owners Association, LLC, herein styled "the HOA." The HOA desires to install and maintain a subdivision monument sign in the median located in the right -of -way of Diamond Loch Drive, immediately south of the intersection of Diamond. Lock Drive and Glenview Drive. City is willing to allow such use until such time as City needs such right of way. The HOA's use of this right-of-way shall not prohibit franchise utility companies from utilizing the public right -of -way in accordance with the terms and conditions of the franchise agreements. WITNESSETH 1. City hereby grants the HOA a Street Use License to occupy and use for a subdivisions monument sign located in the median of the Diamond Loch Drive right -of -way on the south side of the intersection of Diamond Loch Drive and Glenview Drive, Diamond Loch Addition to the City of North Richland Hills, Texas, with the right -of -way depicted on Exhibit A hereto. Sign shall also be located a minimum of fifteen (15') feet south of the Glenview Drive right-of-way. 2. This license shall. be valid for a period of fifty (50) years or until the City, acting through. its City Council, in its sole discretion terminates this license. This license shall be uncancellable for a period of three (3) years from the date of approval by the City. 3. When this license expires or is terminated., the HOA agrees to remove the subdivision monument sign in accordance with city standards and reestablish vegetation in the parkway area within 365 days after such expiration or termination. Agreed November , 2008 CITY OF NORTH RICHLAND SILLS 0 r ------------------ - - - - -- - - -- 'Larry J. Cunningham, City Manager ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT This instrument was acknowledged before me on this date by LARRY J. CUNNINGHAM, the City Manager of the City of North Richland Hills, Texas, who acknowledged -to me that he executed same for the purposes and consideration, and in the capacity therein expressed.. GIVEN UNDER MY HAND AND 2008. SEAL OF OFFICE this // da of Y .......... :111N KELLY JEAN MILLER - • �' Notary Public, State of Texas ' ` of n. an for N My commission Expires .tune 08, 2012 The Sta of Texas S DIAMOND LOCH HOMEE OWNERS ASSOCIATION OF NORTH HILLS B 4 Title: " A ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged. before me on this date by S r , t authorized representative of Diamond Loch Home Owners Association, LLC, a Texas Corporation, who acknowledged to me that he executed same for the purposes and consideration, and in. the capacity therein expressed. GIVEm UNDER. MY HAND AND SEAL OF OFFICE, this f� day of 2008. - .+a- ttwwrww_+n r 4 KELLY JEAN MILLER ' fir z Notary Public, State of Texas My Commission Expires tic in and for :4 ►aittlr June (38.2012 he State of Texas ltays.,r. Exhibit 4 - Drawings tAiT IZ . . . ........ ............ ;Lg��XCA4SmILAI�; Am> V34"- OpTIO14 � (al SqAILOW) 06� CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -24 -2008 Presented by: Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 11 -24 -2008 Presented by: Larry Koonce Agenda No. C.1 Subject: GN 2008 -114 Public Hearing by the City of North Richland Hills for Proposed Amendments to the Project and Financing Plans for Reinvestment Zone Number 1 The City of North Richland Hills published notice on November 14, 2008 that a public hearing would be conducted on Monday, November 24, 2008 during the regularly scheduled City Council meeting beginning at 7:00 P.M. in the City Hall Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas. The purpose of the public hearing is to receive comments from interested persons regarding proposed amendments to the project and financing plans for Reinvestment Zone Number 1, City of North Richland Hills (the "Zone "), which amendments would expand the boundaries of the Zone and identify additional public improvements to be constructed within the expanded Zone. Project descriptions, finance plan and map can be found in item C.2, GN 2008 -116. Following closure of the public hearing, the City Council will consider the adoption of an ordinance that amends the project and financing plans for Reinvestment Zone Number 1, City of North Richland Hills. Recommendation: To open the hearing, receive any comments from the public, close the hearing, and move to the next agenda item for action on adoption of the expansion and the TIF plan and financing plan. CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 11 -24 -2008 Presented by: Larry Koonce Agenda No. C.2 Subject: GN 2008 -116 Consider all matters incident and related to approving and authorizing certain amendments to the project plan and reinvestment zone financing plan for Reinvestment Zone Number 1, City of North Richland Hills, including the adoption of Ordinance No. 3029 and amending the City of North Richland Hills Fiscal Year 2008 -2009 Capital Projects Budget pertaining thereto. (This item is not a public hearing but is related to Item C.1) Over the last several months, the City of North Richland Hills has been working on a plan to expand Tax Increment Finance (TIF) Number 1 boundaries along the Boulevard 26 corridor. The City has met with representatives from BISD, Tarrant County, Tarrant County Hospital District, and Tarrant County College District to present the expansion plan. This TIF is one of the smallest in the county and probably in the state, but has had tremendous impact on the City, the County, County Hospital District, the County College District, and the School District. The original plan created in 1998 was $850,000 for drainage improvements. It has been very successful in increasing real property values and business personal property values. Over the last 10 years property values have gone from $1 million to nearly $16 million within the existing TIF boundaries, which includes the old Richland Plaza shopping center, now called The Hills business center. The proposed expansion is $3.5 million for intersection improvements and the burial of utility lines along Boulevard 26 in North Richland Hills. We believe this TIF expansion will greatly enhance economic revitalization along this corridor, which will increase property tax revenue for each of our organizations. The project and finance plan included in this ordinance provide greater detail. On November 6, 2008, the TIF Number 1 Board approved a resolution accepting the expansion project plan and finance plan, and recommending that the City of North Richland Hills accept both plans and adopt ordinances expanding the TIF. The signed resolution is attached. There are two ordinances under consideration on the November 24th agenda. This ordinance, 3029, approves the expansion finance and project plans. A separate ordinance, 3030, on the agenda for Council consideration actually approves the TIF expansion. Exhibit A of ordinance 3029 describes the metes and bounds of the expansion area, approximately 297 acres. This is further described in the narrative of the project plan, Exhibit B. The finance plan is Exhibit C. In order to incorporate this expansion and finance plan into the fiscal year 2008 -2009 Capital Projects Budget, it is necessary to approve an amendment. We currently have a 4B sales tax economic development project for the two Boulevard 26 intersection improvements that are also included in the TIF 1 expansion plan. The 4B sales tax project was for a total of $450,000. The proposed budget amendment will change this project title to "TIF 1 Expansion." The enclosed project sheet increases the intersection improvements to $500,000, and adds $3 million for burial of utility lines along Boulevard 26 for a total of $3,500,000. This matches the expansion project plan. The source of funds will be 2009 certificates of obligation. The previously budgeted $450,000 4B sales tax dollars will now be available to be used for other economic development projects on Boulevard 26 or elsewhere, to be budgeted at a later date. If Council approves the TIF 1 expansion through these two ordinances, City staff will meet with the other governing bodies in December and January to acquire amended participation agreements. The financing plan approved by the TIF board and being considered in this ordinance assumes 100% participation from all County entities. BISD will continue to participate in the existing TIF, but not in the expansion. If one or more of the county entities chooses to do something other than 100% participation, the finance plan will need to be amended and brought back for TIF Board and Council approval. This may or may not affect the viability of the finance plan based on the level of participation achieved. Staff would need to reevaluate the cash flow. Based on the approval of the resolution by the TIF Board, the enthusiasm for the projects, and the relatively small dollar amounts being requested, staff believes that a level of participation will be reached to allow the expansion to go forward. Recommendation: To approve Ordinance No. 3029 and amend the City of North Richland Hills Fiscal Year 2008 -2009 Capital Projects Budget ORDINANCE NO. 3029 AN ORDINANCE approving the first amendment to the project plan and reinvestment zone financing plan for Reinvestment Zone Number 1, City of North Richland Hills, and resolving other matters incident and relating thereto, and providing an effective date. WHEREAS, pursuant to the provisions of the Tax Increment Financing Act, V.T.C.A., Tax Code, Chapter 311, as amended (the "Act "), and pursuant to Ordinance No. 2333, adopted on September 14, 1998 by the City Council (the "Council ") of the City of North Richland Hills (the "City "), the City created a reinvestment zone known as Reinvestment Zone Number 1, City of North Richland Hills (the "Zone "); and WHEREAS, on October 20, 1998, the Board of Directors of the Zone (the "Board ") prepared and adopted a project plan (the "Project Plan ") and a reinvestment zone financing plan (the "Finance Plan" and, together with the Project Plan, the "Plans ") for the Zone in accordance with Section 311.011(a) of the Act and submitted such Plans to the Council for approval; and WHEREAS, the Council approved the Finance Plan and the Project Plan on October 26, 1998 and December 14, 1998, respectively, and WHEREAS, the Board has prepared and adopted a first amendment to the Project Plan and a first amendment to the Finance Plan (jointly, the "First Amendments ") for the Zone in accordance with Section 311.01. l (e) of the Act, which First Amendments expand the boundaries of the Zone by adding certain real, property described in. Exhibit A of this Ordinance (the "Property "), and the Board has submitted such First Amendments to the Council for approval; and WHEREAS, on November 24, 2008, the Council held a public hearing regarding the enlargement of the Zone and its benefits to the City and to property in the Zone and afforded a reasonable opportunity for all interested persons to spear for or against the addition of the Property into the Zone; and WHEREAS, notice of the public hearing was published in a newspaper of general circulation in the City on November 14, 2008, which date was more than. seven (7) days prior to the date of that hearing; and WHEREAS, prior to the public hearing the City provided written notice to all taxing units levying real property taxes within the Zone of the City's intention to add the Property into the Zone and of the public hearing; and WHEREAS, the Council. hereby finds and determines that the First Amendments for the Zone are feasible and conform to the master plan of the City and should be approved; now, therefore, 65216204.1!10611340 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION l: Plan Approval, The First Amendments prepared and adopted by the Board, attached hereto as Exhibit B and Exhibit C and incorporated by reference as a part hereof for all purposes, are hereby approved in all respects and such First Amendments are deemed to be feasible and conform to the master plan of the City. The Council hereby ratifies, confirms and approves all Council action in approving the Plans. SECTION 2: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 3: Incorporation of Findings and Determinations. The findings and determinations of the Council contained in the preamble hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. SECTION 4: Public Meeting. It is officially found, determined and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 5: Effective Date. This Ordinance shall be in full force and effect from and after its passage on the date shown below and it is so ordained. [Remainder of page left blank intentionally] 65216204.1/10611340 PASSED AND ADOPTED, this November 24, 2008, CITY OF NORTH RICHLAND HILLS, TEXAS Mayor ATTEST: City Secretary APPROVED AS TO LEGALITY: City Attorney (City Seal) 65216204.1/10611340 S-1 EXHIBIT A METES AND BOUNDS DESCRIPTION EXPANSION AREA Approximately 297 acres BEGINNING at a point being on the south Right of Way (ROW) line of Richland Plaza Dr. and being on the north property line of a tract designated by the Tarrant Appraisal District (TAD) as Tract A, A2 and Al, Richland Plaza Addition approximately 70 feet south and approximately 10 feet west of the southwest corner of a tract designated by TAD as Commercial Tract B out of the Richland Plaza Addition; THENCE, in a northeasterly direction leaving said south ROW line and crossing Richland Plaza Drive a distance of approximately 70 feet to the southwest corner of a tract designated by TAD as Commercial Tract B out of the Richland Plaza Addition; TFIENCE, in a northerly direction along the west boundary of said Commercial Tract B of the Richland. Plaza Addition approximately 130 feet to the northwest corner of said tract; THENCE, in an. easterly direction along the north boundary of said Commercial Tract B of the Richland Plaza. Addition approximately 335 feet to the southeast corner of Lot 4, Block 10, Richland Hills West Addition; THENCE, in a northerly direction along the east boundary of said Lot 4, Block 10, Richland Hills West Addition approximately 120 feet to the northeast corner of said lot and also to a point in the south ROW line of Onyx Drive South; THENCE, following said south ROW line in an easterly direction of approximately 177 feet to a point in the said south ROW line and also being the northeast corner of Lot 6, Block 10, Richland Hills West Addition; THENCE, in a northeasterly direction leaving said south ROW line and said corner of Lot 6, Block 10, Richland Hills addition crossing Bonzer St. a distance of approximately 110 feet to a point in the east ROW line of Bonzer St.; THENCE, northeast along the east ROW fine of Bonzer St. approximately 760 feet to a point in the south. ROW line of Jerreli St. and being the northwest corner of Lot 9A5, Block 9, Richland Hills West Addition; THENCE, in a northwesterly direction leaving said corner of Lot 9A5, Block 9, Richland Hills West Addition a distance of approximately 60 feet to a point in. the north ROW line of Jerrell St. and also being in the south property line of Lot 27, Block 3, Richland Hills West Addition; 65216204.1/10611340 A -1 THENCE, easterly along the north ROW line of Jerrell St. a distance of approximately 400 feet to the southeast corner of Lot 33, Block 3, Richland Hills 'Nest Addition and being a point in the west ROW line of Rufe Snow Dr.; THENCE, northerly along said west ROW line of Rufe Snow Dr. a distance of approximately 1,014 feet to a point in the west ROW line of Rufe Snow Dr. and being the northeast corner of Lot 1 A, Block 12, Richland Hills West addition; THENCE, westerly along the north property lines of Lot 1A through Lot 13, Block 10, Richland Hills West Addition a distance of approximately 810 feet, approximately 15 feet east of the southwest corner of a tract designated by TAD as Tract 2L04, out of the M. Lynch Survey, Abstract No. 953; THENCE, northeasterly along a curve approximately 615 feet to a point in the centerline of Harmonson Rd., perpendicular to the eastern property line of a tract designated by TAD as Tract 2L04A, out of the M. Lynch Survey, Abstract No. 953; THENCE, easterly along said centerline of Harmonson Rd. a distance of approximately 500 feet to a point in said centerline; THENCE, in a northerly direction leaving said centerline of Harmonson Rd. a distance of 365 feet to a point on the southern property line of Lot 11 R, Block 2, J.L. Autrey Addition; THENCE, in a westerly direction along the said southern property line a distance of approximately 200 feet to the southwest comer of said Lot 11R, Block 2, J.L. Autrey Addition; THENCE., in a northerly direction, initially following the western property line of said Lot 11R, Block 2, J.L. Autrey, and continuing north, departing from the said western property line a total distance of approximately 240 feet to a point in the centerline of Rita Beth St. that is perpendicular to the most northern property line of said Lot 11 R, Block 2, J.L. Autry Addition; THENCE, in an easterly direction along the most northern property line of Lot 11 R, Block 2, J.L. Autrey Addition a distance of approximately 200 feet to the southeast comer of Lot 8, Block 3, J.L. Autrey Addition; THENCE, in a northerly direction a distance of approximately 205 feet to the northeast corner of Lot 6, Block 3, J.L. Autrey Addition; THENCE, in a westerly direction along the north property line of said Lot 6, Block 3, J.L. Autrey Addition a distance of approximately 75 feet to the southeast corner of Lot D, Block 3, J.L. Autrey Addition; 65216204.1/10611340 A. -2 THENCE, in a northerly direction a distance of approximately 235 feet to the northeast corner of Lot A, Block 3, J.L. Autrey Addition; THENCE, in a westerly direction a distance of approximately 11.5 feet to a point on the centerline of Rita Beth St. perpendicular to the north property line of said Lot A, Block 3, J.L. Autrey Addition; THENCE, in a northerly direction roughly along the centerline of Rita Beth St. a distance of approximately 175 feet to a point in the centerline of Glenview Dr.; THENCE, in a westerly direction along the centerline of Glenview Dr. a distance of approximately 585 feet to a point on said centerline which is perpendicular to the west property line of a tract designated by TAD as Tract 2B4A out of the John M. Vandusen. Survey, Abstract No. 1588; THENCE, in a northerly direction leaving said centerline of Glenview Dr. following the west property line of said Tract 2B4A out of the John M. Vandusen Survey, Abstract No. 1 588 a distance of approximately 745 feet to the northwest corner of Lot 1, Block 1, North Glenn Addition; THENCE, in a easterly direction along the north property line of said Lot 1., Block 1, North Glenn Addition a distance of approximately 830 feet to a point on the centerline of Rufe Snow Dr.; THENCE, in a southerly direction along said centerline of Me Snow Dr. a distance of approximately 535 feet, to a point on said centerline that is perpendicular to the south property line of Lot 14R, Block 6, Hillview Addition; THENCE, in an easterly direction parallel to said south property line a distance of approximately 320 feet to a point on the centerline of Carina Dr.; THENCE, in a southerly direction along said centerline of Carina Dr. a distance of approximately 197 feet to a point along said centerline of Carma Dr. that is perpendicular to the north ROW of Glenview 'Dr. THENCE, in an easterly direction along the north ROW line of Glenview Dr. a distance of approximately 2,710 feet to a point on said ROW line and being the southeast corner of Lot 6, Block 4, North Richland Hills Addition; THENCE, in a northerly direction along the east property line of said Lot 6, Block 4, North Richland Hills Addition. a distance of approximately 115 feet to the northeast corner of said lot; THENCE, in an easterly direction a distance of approximately 7 feet to the southeast corner of Lot 5, Block 4, North Richland Hills Addition; 65216204.1110611340 A -3 THENCE, in a northerly direction along the east property lines of Lots 4 & S, Block 4, North Richland Hills Addition a distance of approximately 163 feet to the most southern corner of Lot 3, Block 4, North Richland Hills Addition; THENCE, in a northeasterly direction parallel to the southeast property line of Lots 1-3, Block 4, North Richland Hills Addition, and extending across Blaney Ave. to a total distance of approximately 250 feet to a point on the eastern ROW line of Blaney Ave.; THENCE, in a northwesterly direction along the said east ROW line of Blaney Ave. a distance of approximately 350 feet to a point on said ROW line and being the southwest corner of Lot 1, Block 5, North Richland Hills Addition; THENCE, in an easterly direction a distance of approximately 775 feet to the east corner of Lot 14A, Block 5, North Richland Hills Addition; THENCE, in a northeasterly direction a distance of approximately 1,078 feet to the east corner of Block 5, Lot 11, North Richland Hills Addition; THENCE, in a northerly direction a distance of approximately 75 feet to the northwest corner of Lot 2, North Edgley Addition; THENCE, in an easterly direction parallel to the north property line of said Lot 2, North Edgley Addition a total distance of approximately 75 feet to a point on the centerline of Ken Michael Ct.; THENCE, in a northerly direction along said centerline of Ken Michael Ct. a distance of approximately 102 feet to a point on said centerline and being perpendicular to the south property line of Lot 9, North Edgley Addition; THENCE, in an easterly direction along the south property line of said Lot 9, Edgley Addition a distance of approximately 145 feet to the southeast corner of said lot; THENCE, in a northeasterly direction a distance of approximate 75 feet to a point on the west property line of Lot 2R, Block 1, North Edgley Addition; THENCE, in a northern direction along said west property line a distance of approximately 288 feet to the most west northwest corner of Lot 1R, Block 1, North Edgley Addition; THENCE, in an easterly direction following the property line of said Lot 1R, Block 1, North Edgley .Addition a distance of approximately 50 feet; THENCE, in a northerly direction a distance of approximately 1,500 feet to a point on the west ROW line of Road to the Mall. Dr. and also being the northeast corner of Lot 24, H.W. Kelley Estates Addition; 65216204.1110611340 A -4 THENCE, in a northerly direction along the said. west ROW line of Road to the Mall Dr. a distance of approximately 534 feet to a point on said ROW line and being the east corner of Lot 1R1, Richland Terrace Addition; THENCE, in a northeasterly direction perpendicular to the ROW limes for NE LOOP 820 a distance of approximately 350 feet to a point on the north ROW line of NE LOOP 820; THENCE, in a easterly direction along said north ROW line of NE LOOP 820 a distance of approximately 1000 feet to another point in said ROW line and also being the south corner of Lot 2R 1, Block 42CR, Richland Terrace Addition; THENCE, in a southeasterly direction a distance of approximately 75 feet to a point on the north ROW line of NE LOOP 820; THENCE, in a easterly direction along the said north ROW line of NE LOOP 820 a distance of 1,920 feet to a point on said ROW line and being the most south southeast corner of Lot 4, Kip's Big Boy Addition; THENCE, in a southeasterly direction a distance of approximately 400 feet to a point on the west ROW line of Booth Calloway Rd. and being the most east northeast corner of Lot B 1, Calloway Park Addition; THENCE, in a southerly direction roughly along the said west ROW line of Booth Calloway Rd. a distance of approximately 675 feet to a point on the south ROW line of Roger Line Dr. and being approximately 15 feet west of the northeast corner of Lot IA, Block E, Calloway Farm Addition; THENCE, in an westerly direction along the said south ROW line of Roger Line Dr. a distance of approximately 1,430 feet to a point on said south ROW line and also being the northwest corner of a tract designated by TAI) as Tract 9WOIA of the William W. Wallace Survey, Abstract No. 1606. THENCE, in a northwesterly direction along a curved line that follows a private road in the North Hills Mall property, also known as Lot 1 R, Block A, Calloway Farm Addition a distance of approximately 470 feet to the east corner of Lot 2, Block J, Calloway Farm Addition; THENCE, in a southwesterly direction along the southeast property line of said lot a distance of approximately 425 to the south corner of said Lot 2, Block J, Calloway Farm Addition, and being the east corner of Lot 1, Block J, Calloway Farm Addition; THENCE, in a southwesterly direction along the southeast property line of said Lot 1, Block J, Calloway Farm Addition, a distance of approximately 320 feet to the south corner of said lot; 65216204.1/10611340 A -5 THENCE, in a southwesterly direction a distance of approximately 90 feet to the east corner of Lot 1, Block E, Calloway Farm Addition; THENCE, in. a southwesterly direction along the southeast property line of said Lot 1, Block E, Calloway Farm Addition a distance of approximately 450 feet to the south corner of said lot; THENCE, in a southwesterly direction along the curved property line of Lot 1 R, Block D, Calloway Farm Addition a distance of approximately 400 feet to a point on said property line; THENCE, in a southwesterly direction departing from said property line a distance of approximately 156 feet to the north corner of Lot 15R, Edgley Addition, and being a point on the south ROW line of Highway 26; THENCE, in a southwesterly direction along the said south ROW line of Highway 26 a distance of approximately 395 feet to a point on said ROW line and being the northwest corner of Lot 12, Edgley Addition, and being a point on the south City Limit line of North Richland Hills; THENCE, in a southwesterly direction along said south city limit line and roughly following the south ROW line of Highway 26 a distance of approximately 7,625 feet to a point on the said city limit line; THENCE, in a northwesterly direction a distance of approximately 165 feet to the east corner of Commercial Tract A l of the Richland Plaza Addition, a point being on the south ROW line of Richland Plaza Dr.; THENCE, in a northwesterly direction along the curve of the said south ROW line of Richland Plaza Dr., a distance of approximately 270 feet to the POINT OF BEGINNING. 65216204.1!1.0611340 A-6 EXHIBIT B AMENDED PROJECT PLAN 65216204.1/10611340 CITY OF NORTH RICHLAND HILLS EXPANSION OF REINVESTMENT ZONE NUMBER 1 PROJECT PLAN November 6, 2008 PREPARED BY THE CITY OF NORTH RICHLAND HILLS PLANNING AND DEVELOPMENT DEPARTMENT CITY OF NORTH RICHLAND HILLS EXPANSION OF REINVESTMENT ZONE NUMBER 1 PROJECT PLAN As required by Chapter 311, Title 3, Subtitle B of the Texas Tax Code, the City of North Richland Hills, Texas (the "City ") submits the following Project Plan for the expansion of Reinvestment Zone Number 1, City of North Richland Hills. BACKGROUND AND HISTORY Reinvestment Zone Number 1, City of North Richland Hills ( "RZ Number 1") was created in 1998 with a 20 year financing plan. RZ Number 1 was created as a result of a joint effort by the City of North Richland Hills, Birdville Independent School District ( "BISD "), Tarrant County, Tarrant County Hospital District, and Tarrant County College District. The zone was created to improve drainage in the amount of $850,000 to allow for private developer improvements to the old Richland Plaza Shopping Center, now known as The Hills Business Center. The value of the property within the zone in 1998, when the RZ Number 1 was created, was slightly more than $1 million. The existing RZ Number 1 boundaries are approximately 95 acres, and nearly $9 million in new real property improvements have been made to the 300,000 square foot center from 1999 to 2008 (10 years). An additional $7 million in personal property value, not RZ eligible, has been added to the participating entities' tax rolls. Several tenants have located to this center, which has about an 80% occupancy rate, and nearly 900 jobs have been created as a result of this joint effort. A once blighted area, the RZ now contains a thriving professional business development, and the RZ is the source of great community pride. At the October 2007, RZ Number 1 Board meeting, the Board gave City staff permission to study the possibility of expanding the zone to include new boundaries along Boulevard 26 which would pay for new public improvements within the expanded district. It was noted that these public improvements could greatly assist in the economic revitalization of the Boulevard 26 corridor. Since that time, City staff has made preliminary presentations of the RZ Number 1 expansion plan to City Council and officials of the other governing entities to obtain participation in the expansion. North Richland Hills City Council, BISD, Tarrant County, Tarrant County Hospital District, and Tarrant County College District have all expressed interest in expanding RZ Number 1. EXPANSION PROJECT PLAN OVERVIEW The boundaries of the expansion of RZ Number 1 include all commercial properties in the Boulevard 26 corridor area (except North Hills Hospital and Calloway Creek property) from the southern City limits to Loop 820 (see attached map). The metes and bounds description of the expanded zone is included in the City Ordinance approving the expansion. The expanded zone encompasses approximately 392 acres, with an existing 2008 base value of real property of approximately $32.8 million. The actual base value within the expanded area will be determined by Tarrant Appraisal District for the purposes of calculating the incremental growth of real property upon which taxes will be collected for the RZ Number 1 from 2009 through 2018. The incremental growth in value of property within the expanded area is estimated to be $30 million over 10 years. It is estimated that the incremental real property values will support the principal and interest payments of debt issued for projects totaling $3.5 million included in the Project Plan. Based on an Attorney General's opinion, the timeframe of a reinvestment zone cannot be extended beyond its original length. Therefore, the expanded RZ Number 1 will be limited to 2018 (ten years). All taxing entities, except BISD, will participate in the expansion. BISD will participate in the Project Plan and Financing Plan (pay taxes into the zone) only to the extent of the boundaries of RZ Number 1 prior to any expansion. Details of all governing bodies' participation and responsibilities will be included in agreements between the City and each entity, which must be approved by their respective governing bodies. DETAIL DESCRIPTION AND COST OF PROJECTS RZ Number 1 expansion projects include public infrastructure improvements in the amount of $3.5 million along Boulevard 26 within the expanded zone boundaries. These improvements can be separated into two major projects which possibly will be undertaken simultaneously. The projects within the expansion include the following: Burying above ground utilities approximately 1.25 miles NRH side of Blvd. 26 This project includes the burying of existing above ground utility lines on the North Richland Hills side of Boulevard 26 between Glenview and Rufe Snow. The Project Map indicates the identified area which includes the following estimated costs: 5,800 linear feet of bore @$250 /foot 9 switchgears 20 transformers @$30,000 each @$15,000 each $114501000 $ 270,000 $ 300,000 Required easements for switchgears and transformers $ 25,000 Relocating above ground cable and phone lines and conversion of light poles to underground $ 955,000 TOTAL PROJECT COST $3,000,000 Boulevard 26 Intersection Improvements at Rufe Snow Drive and Glenview Drive This project will consist of constructing street and related landscape and streetscape improvements at the intersections of Rufe Snow Drive and Boulevard 26, and Glenview Drive and Boulevard 26 as indicated on the project map. The estimated cost of these two intersections for the City of North Richland Hills is $500,000, allocated in the following manner: Engineering and Design of Landscape and Streetscape Improvements $175,000 Construction of Intersection Improvements $325,000 TOTAL PROJECT COST $500,000 EXPANSION OF REINVESTMENT ZONE NUMBER 1 PROJECT SUMMARY RZ Expenses Burying above ground utilities approximately 1.25 miles (NRH side Blvd. 26 — approximately $454 per linear foot) RZ Expenses Design and Construction of Boulevard 26 Intersection Improvements at Rufe Snow Drive and Glenview Drive GRAND TOTAL PLAN COST MAP $3,000,000 $ 500,000 $3,500,000 Attached is a map showing the location of the proposed public improvements along Boulevard 26 as described in the expansion project plan. NO PROPOSED CHANGES TO ZONING ORDINANCE, MASTER PLAN, BUILDING CODES OR OTHER MUNICIPAL ORDINANCES The City of North Richland Hills is proposing no additional changes to its master plan, zoning ordinance, building codes or any other municipal ordinances to help facilitate this project. LIST OF NON - PROJECT COSTS There are no specific planned non - project costs in connection with the RZ Number 1 expansion project plan. It is anticipated that general commercial development within the expanded zone boundaries will generate the estimated captured valuation necessary to pay for the public improvements. METHOD OF RELOCATION The City of North Richland Hills does not anticipate needing to relocate any existing property owners or tenants as a result of implementing the plan. e o EXHIBIT C AMENDED FINANCE PLAN 65216204.1r10611340 CITY OF NORTH RICHLAND HILLS EXPANSION OF REINVESTMENT ZONE NUMBER 1 FINANCE PLAN November 6, 2008 PREPARED BY THE CITY OF NORTH RICHLAND HILLS FINANCE DEPARTMENT CITY OF NORTH RICHLAND HILLS EXPANSION OF REINVESTMENT ZONE NUMBER 1 FINANCING OPTIONS CITY OF NORTH RICHLAND HILLS EXPANSION OF REINVESTMENT ZONE NUMBER 1 GENERAL PROVISIONS ■ The City means the City of North Richland Hills, Texas. ■ RZ means the Reinvestment Zone Number 1, City of North Richland Hills. ■ The Base Value is the total appraised value of all real property taxable by the City and located in the RZ for the year in which the RZ was designated and for that real property subsequently added to the RZ for the year in which the expansion was designated. ■ The Captured Assessed Valuation is the total appraised value of the real property which is added to the tax base after the RZ was designated or expanded, as applicable. The Captured Assessed Valuation does not include personal property. ■ The RZ has no taxing powers; however, participating overlapping political subdivisions' tax revenues generated on the Captured Assessed Valuation are diverted to the Tax Increment Fund. ■ Tax increment revenues can only be used for the benefit of the property within the RZ, including paying for capital improvements and paying debt service on bonds issued for authorized improvements. ■ An RZ has a defined period of existence which may be related to the term of debt. Once the RZ is abolished, the tax revenues are no longer diverted to the Tax Increment Fund. ■ The City expands the RZ and is the issuer of debt and is therefore responsible for the payment of the debt. Other participating political subdivisions allow their tax revenues to be diverted to the Tax Increment Fund and have representation on the RZ Board. CITY OF NORTH RICHLAND HILLS EXPANSION OF REINVESTMENT ZONE NUMBER 1 Investment Earnings on Construction Fund (2) FLOW -OF -FUNDS Tax Increment Revenues Tax Increment Fund Bond Holders (1) If necessary. City of North Richland Hills Ad Valorem Property Tax Revenues (1) (2) Investment earnings on construction fund during construction period only. CITY OF NORTH RICHLAND HILLS EXPANSION OF REINVESTMENT ZONE NO. 1 FINANCE PLAN DETAIL DESCRIPTION AND COST OF PROJECTS CITY OF NORTH RICHLAND HILLS EXPANSION OF REINVESTMENT ZONE NUMBER 1 DESCRIPTION AND COST OF PROJECTS BACKGROUND AND HISTORY Reinvestment Zone Number 1, City of North Richland Hills ( "RZ Number 1") was created in 1998 with a 20 year financing plan. RZ Number 1 was created as a result of a joint effort by the City of North Richland Hills, Birdville Independent School District ( "BISD "), Tarrant County, Tarrant County Hospital District, and Tarrant County College District. The zone was created to improve drainage in the amount of $850,000 to allow for private developer improvements to the old Richland Plaza Shopping Center, now known as The Hills Business Center. The value of the property within the zone in 1998, when the RZ Number 1 was created, was slightly more than $1 million. The existing RZ Number 1 boundaries are approximately 95 acres, and nearly $9 million in new real property improvements have been made to the 300,000 square foot center from 1999 to 2008 (10 years). An additional $7 million in personal property value, not RZ eligible, has been added to the participating entities' tax rolls. Several tenants have located to this center, which has about an 80% occupancy rate, and nearly 900 jobs have been created as a result of this joint effort. A once blighted area, the RZ now contains a thriving professional business development, and the RZ is the source of great community pride. At the October 2007, RZ Number 1 Board meeting, the Board gave City staff permission to study the possibility of expanding the zone to include new boundaries along Boulevard 26 which would pay for new public improvements within the expanded district. It was noted that these public improvements could greatly assist in the economic revitalization of the Boulevard 26 corridor. Since that time, City staff has made preliminary presentations of the RZ Number 1 expansion plan to City Council and officials of the other governing entities to obtain participation in the expansion. North Richland Hills City Council, BISD, Tarrant County, Tarrant County Hospital District, and Tarrant County College District have all expressed interest in expanding RZ Number 1. EXPANSION PROJECT PLAN OVERVIEW The boundaries of the expansion of RZ Number 1 include all commercial properties in the Boulevard 26 corridor area (except North Hills Hospital and Calloway Creek property) from the southern City limits to Loop 820 (see attached map). The metes and bounds description of the expanded zone is included in the City Ordinance approving the expansion. The expanded zone encompasses approximately 392 acres, with an existing 2008 base value of real property of approximately $32.8 million. The actual base value within the expanded area will be determined by Tarrant Appraisal District for the purposes of calculating the incremental growth of real property upon which taxes will be collected for the RZ Number 1 from 2009 through 2018. The incremental growth in value of property within the expanded area is estimated to be $30 million over 10 years. It is estimated that the incremental real property values will support the principal and interest payments of debt issued for projects totaling $3.5 million included in the Project Plan. Based on an Attorney General's opinion, the timeframe of a reinvestment zone cannot be extended beyond its original length. Therefore, the expanded RZ Number 1 will be limited to 2018 (ten years). All taxing entities, except BISD, will participate in the expansion. BISD will participate in the Project Plan and Financing Plan (pay taxes into the zone) only to the extent of the boundaries of RZ Number 1 prior to any expansion. Details of all governing bodies' participation and responsibilities will be included in agreements between the City and each entity, which must be approved by their respective governing bodies. DETAIL DESCRIPTION AND COST OF PROJECTS RZ Number 1 expansion projects include public infrastructure improvements in the amount of $3.5 million along Boulevard 26 within the expanded zone boundaries. These improvements can be separated into two major projects which possibly will be undertaken simultaneously. The projects within the expansion include the following: Burying above ground utilities approximately 1.25 miles NRH side of Blvd. 26 This project includes the burying of existing above ground utility lines on the North Richland Hills side of Boulevard 26 between Glenview and Rufe Snow. The Project Map indicates the identified area which includes the following estimated costs: 5,800 linear feet of bore @$250 /foot 9 switchgears 20 transformers @$30,000 each @$15,000 each Required easements for switchgears and transformers Relocating above ground cable and phone lines and conversion of light poles to underground TOTAL PROJECT COST $1,450,000 $ 270,000 $ 300,000 $ 25,000 $ 955,000 $3,000,000 Boulevard 26 Intersection Improvements at Rufe Snow Drive and Glenview Drive This project will consist of constructing street and related landscape and streetscape improvements at the intersections of Rufe Snow Drive and Boulevard 26, and Glenview Drive and Boulevard 26 as indicated on the project map. The estimated cost of these two intersections for the City of North Richland Hills is $500,000, allocated in the following manner: Engineering and Design of Landscape and Streetscape Improvements $175,000 Construction of Intersection Improvements $325,000 TOTAL PROJECT COST $500,000 EXPANSION OF REINVESTMENT ZONE NUMBER 1 PROJECT SUMMARY RZ Expenses Burying above ground utilities approximately 1.25 miles (NRH side Blvd. 26 — approximately $454 per linear foot) $31000,000 RZ Expenses Design and Construction of Boulevard 26 Intersection Improvements at Rufe Snow Drive and Glenview Drive 500,000 GRAND TOTAL PLAN COST $395009000 City of North Richland Hills EXPANSION OF REINVESTMENT ZONE NUMBER 1 Sources of Funds for Projects Sources of Funds Amount Certificates of Obligation $ 315001000 CITY OF NORTH RICHLAND HILLS EXPANSION OF REINVESTMENT ZONE NUMBER 1 FINANCE PLAN (ECONOMIC FEASIBILITY STUDY) PROJECTED TAX INCREMENT FUND CASH FLOWS City of North Richland Hills EXPANSION OF RZ NUMBER 1 Estimated Tax Revenues Level of Participation . 11�1i3vin � °7a 1043"!0 100 1013 °In 1430�i; 3042��i 1043�r`a also NRH Tarrant Coun Tarrant Co.. Hos €tat Dist 'TCC Existing Expansion Existing Expansion Existing Expansion Existing Ex anslon Existin Expansion Tax Rates Fiscal Year 2008 - 2009 1.4100 $ - 5 0.5700 $ 0.5700 0.2640 $ 0.2640 $ 0.227897 $ 0.22'7897 $ 0,'13796 $ 0.13796 Total Total Captured Estimate Captur also NRH NRH County County Hospital Hospital TCC TCC Total Fiscal Valuation Valuation R Existing Expan<son Existing Expansion Existing Expanson Existing Expanso Existing Expanson Total Existing Expansion Total Rea Year Existing RZ Expansion Taxes Taxes Taxes Taxes Taxes Taxes Taxes Taxes Taxes Taxes Taxes Taxes Property Taxes 200'9 S 8,600,297 S 3,000,000 . $ 121,264 $ - $ 49,022 $ - 3 2.2,705 $ - S 19,670 $ - $ 11,865 $ - $ .0.24,455 $ - $ 224,4.85 2010 $ 8,600,2..97 $ 6.000,000 5 121,264 $ - $ 49,022 S 17,100 $ 2.2,705 $ 7.920 5 19,630 $ 6,83.E ! $ 11,865 $ 4,339 S 22.4,455 $ 35,996 $ 260,451 2011 $ 8,61343,297 5'10,000,000 S 121,264 $ - $ 4 9,022 $ 34,200 $ 22,705 $ 15,8,40 $ 19,600 $ 13,674 $ 11,855 $ 8,278 S 224,455 $ 71,991 $ 296,447 2012 S 6,b00,297 $15,0£30,0.30 S 121,264 $ - S 49,022 $ 57,000 $ 22,705 $ 26,400 $ 19,600 $ 22,790 ' $ 11,865 $ 13;796 $ 2.24.455 S 119,086 $ 344,441 2013 5 8,600.297 $243,0,00,000 $ 121,264 $ - $ 49,022 $ 85,500 $ 22,705 $ 38,600 $ 19,5430 $ 34,155 ' $ 11,865 $ 20,694 $ 224,455 $ 179,979 $ 404,434 2014 $ 8,600,297 525,000,000 S 121.264 $ $ 49,022 $ 114,000 $ 22,705 S 52,800 $ 19,600 $ 45,579 ' $ 11,865 $ 27,592 $ 224,455 $ 235,971 $ 464,427 7015 $ 8,600,297 $"?9,000,000 $ '121,264 $ - $ 49,022 $ 142,5003 $ 22,705 $ 66,000 $ 19,600 $ 56,974 $ 11,865 $ 34,490 $ 224:455 S 299,964 $ 524,426 2016 $ 8,600,297 $30,000,0€302 $ 121,7..64 $ - $ 49,022 $+ 165,300 $ 22,7€ 5 $ 76,560 $ 19,600 S 66,0912 $ 11,865 $ 40.008 S 254,455 $ 347,959 S 572,414 2917 5 8,600,257 $312.000,0£30 $ '121,264 $ S 49,022 $ 171,000 $ 22,'745 $ 79,200 S 19,600 S 68,369 $ 11,865 $ 4'1,:388 S 22..4,455 $ 359,977 $ 584.:413 2018 S 8,600,797 S 121,264 $ - $ 49,025 $ 171,0€90 $ 22,745 $ 79,200 $ 19.64115 $ 58,369 $ 11,865 $ 41,388 S 224,485 S 3695 957 $ 584,413 .. 1,212,642 S - $ 490.2.17 $ 957,5043 $ 227,048 S 443,5201$ 195,998 S 382,8671$ 118.550 $ 231,77'3 $ 2.244.555 $ 2,015,760 $ 4,250,314 T03TALS $ . 11�1i3vin � °7a 1043"!0 100 1013 °In 1430�i; 3042��i 1043�r`a 100°fa 1E5i3 "k: ': City of North Richland Hills EXPANSION OF RZ NUMBER 1 Estimated Coverage Calculations Fiscal Year Estimated Beginning Cash Balance Tax Revenues Existing TIRZ Total Existing and Tax Revenues Expansion RZ Tax RZ Expansion, Revenues Debt Proceeds Debt Service for Expansion Existing RZ PfjoecLvi Investment Earnings on Payment for Debt Service Construction Projects -RZ Expansion Funds Investment Earrings on TIF Cash Balances Estimated Annual Surplus Coverage Estimated Cumulative covers Estimated Cerfificate COVeMg40 Ratin 5.00% 2,04% 2-0% 2009 903,311 $ 224,455 $ $ 224,455 $ (59,267) S 3,500.000 $ (1.166,667) $ 18.472 S 72,895 3 2.569,889 $ 31493,200 2010 3,493,20() $ 224:455 $ 35,996 $ 260,451 S (57,231) $ (2,333,333) S (615'55 ro) $ 5G.556 S 21.171 $ (2.673,943) $ 819,257 5-69 2011 $ 819,257 $ 224,455 $ 71.991 $ 296,447 $ (60,086) $ (545.500) $ 16.131 $ (293,008) $ 526,249 1,67 2012 526,249 $ 2214,455 $ 119,986 $ 34.4,441 S (55,538) S (526,000) S 12,672 S (224,424) $ 301,825 1.62 2013 S 301.825 S 224,465 $ 179,979 $ 404,434 $ (53,963) $ (,-06,500) S 11,005 S (145,024) $ 166,801 1.28 2.014 S 156,801 $ 224,455 $ 239,971 $ 464,427 $ (52,388) $ (487,000) $ 10,925 S (64,035) $ 92,766 1�17 2015 S 92,766 $ 224,455 $ 291-9,964 S 524,420 S (60,700) S (467,500) 1 S 2,468 $ 18,688 $ 111,453 1.22 2016 S 111,453 $ 224,455 $ 347,959 $ 572,414 S (44,000) $ (448.000) $ 11,464 S 91,878 $ 203,332 1,41 2017 $ 203,332 $ 224,456 $ 359,957 $ 584.413 S (42,400) $ (423,500) $ 18,125 S 136,636 $ 339,969 1,73 2018 S 339,969 $ 224,455 $ 359,957 S 564,413 $ 40,8GO) . ..... $ (404,250) $ 21,275 S 160,637 $ 500.607 2.12 TOTALS $ 2,244,656 $ 2,016,760 $ 4t260,314 $ (516,372) $ 3,500,000 $ 3,500,000) $ (4,423.906) $ 69,028 $ 208,131 $ 500,607 City of forth Richland Hills EXPANSION OF RZ NUMBER 1 Estimated Debt Calculations Debt Structure Level Principal Payments Fiscal Year Issued 2009 Principal Amount $ 3,500,000 Maturity 9 years E est Rate 5.00% Fiscal Year Principal Balance Principal Payment Interest Payment Total Payment 2009 $ 3,500,000 2010 $ 3,110,000 $ 390,000 $ 225,556 $ 615,556 2011 $ 2,720,000 $ 390,000 $ 155,500 $ 545,500 2012 $ 2,330,000 $ 390,000 $ 136,000 $ 526,000 2013 $ 1,940,000 $ 390,000 $ 116,500 $ 506,500 2014 $ 1,550,000 $ 390,000 $ 97,000 $ 487,000 2015 $ 1,160,000 $ 390,000 $ 77,500 $ 467,500 2016 $ 770,000 $ 390,000 $ 58,000 $ 448,000 2017 $ 385,000 $ 385,000 $ 38,500 $ 423,500 2018 $ - $ 385,000 $ 19,250 $ 404,250 Totals $ 3,500,000 $ 923,806 $ 4,423,$06 City of North Richland Hills EXPANSION OF RZ NUMBER 1 Estimated Investment Earnings on Construction Funds Issue C.O.s 4115/2409 In the amount of : Return on Investments : 2.0% Construction Construction Fund Earnings on $ 3,500,000 Drawdown Amount Balance Investments Drawdown .tune $ 291,667 $ 3,208,333 $ 5,347 Drawdown July $ 291,667 $ 2,916,667 $ 4,861 Drawdown August $ 291,667 $ 2,625,000 $ 4,375 Drawdown September $ 291,667 $ 2,333,333 $ 3,889 Total FY 2009 $ 1,166,667 $ 18,472 Drawdown October $ 299,667 $ 2,041,667 $ 3,403 Drawdown November $ 291,667 $ 1,750,000 $ 2,917 Drawdown December $ 291,667 $ 1,458,333 $ 2,431 Drawdown January $ 291,667 $ 1,166,667 $ 1,944 Drawdown February $ 291,667 $ 875,000 $ 1,458 Drawdown March $ 291,667 $ 583,333 $ 972 Drawdown April $ 291,667 $ 291,667 $ 486 Drawdown May $ 291,667 $ - 0 Total FY 2010 $ 2,333,333 $ 50,556 RESOLUTION NO. 2008-02 A RESOLUTION of the Board of Directors of Reinvestment Zone Number 1, City of North Richland Hills adopting certain amendments to the project plan and financing plan for Reinvestment Zone Number 1, City of North Richland Hills, and authorizing and approving other matters incidental and related thereto. WHEREAS, the City of North Richland Hills, Texas (the "City ") has created Reinvestment Zone Number 1, City of North Richland Hills (the "Zone "); and WHEREAS, in connection with the Zone there has been adopted a project plan and reinvestment zone financing plan (each a "Plan ", and jointly, the "Plans ") that contain, among other items, a map showing existing uses and conditions of real property in the zone and a map showing proposed improvements to and proposed uses of that property; and WHEREAS, the Board of Directors of the Zone (the "Board ") desires to amend the Plans to expand the boundaries of the Zone to include additional property in the Zone; and WHEREAS, the Board has prepared a first amendment to the project plan and a first amendment to the reinvestment zone financing plan (jointly, the "First Amendments "), each of which details the amendments to be made to the respective Plan, and the Board desires to adopt such First Amendments; now, therefore, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NUMBER 1, CITY OF NORTH RICHLAND HILLS: SECTION 1. The First Amendments, attached hereto as Exhibit A and Exhibit B and incorporated herein by reference, are hereby approved and adopted pursuant to V.T.C.A., Tax Code, Section 311.011(e), as amended. SECTION 2. The Board hereby authorizes and directs that a copy of this Resolution be forwarded to the City Council of the City as a recommendation of the Board for the approval by the City Council of the First Amendments. SECTION 3. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED this the 6t' day of November, 2008. BOARD OF DIRECTORS, REINVESTMENT Z NE NUMBER 1, CITY O ORTH I HLAND HILLS By: Chairman ATTEST: ecretary 65216019.1/10611340 Economic Development Capital Projects TIF I Expansion ED0601 PROJECT DESCRIPTION & JUSTIFICATION This project consists of improving two intersections and burying approximately 1.25 miles of above ground utilities along Boulevard 25. The two intersections are Boulevard 26 at Rufe Snow Drive and Glenview Drive. Infrastructure improvements including landscaping and streetscaping approved by the Richland Hills and North Richland Hills Oversight Committee are planned at the intersections. TIF 1 includes participation from BISD, Tarrant Hospital District, Tarrant County College and the City of NRH. These intersection improvements as well as burying of approximately 1.25 miles of above ground utilities are recommended as part of the South Grapevine Corridor Highway Study and Expansion of Reinvestment Zone Number 1 to stimulate private development within and expansion of this corridor. The intersection improvements are a joint venture between the City's of North Richland Hills and Richland Hills. Richland Hills will pay $450,000 toward the cost of intersection improvements. The City's portion is proposed to be funded by issuance of Certificates of Obligation in 2009 to be paid back from TIF 1 property taxes. The TIF 1 amended project plan and finance plan have been approved by TIF Board Resolution and City Council Ordinance 3029. Note: The "Other" dates listed in the Project Schedule includes time for TXDOT approval. PROJECT STATUS Original 2008/09 Original 2008109 Start Date Revision End Date Revision Engineering /Design 05/2006 03/2009 11/2009 Construction 0212009 01/2010 07/2009 01/2011 Other 04/2007 12/2008 0612009 REVISION EXPLANATION Revise the FY08109 Capital Projects budget to: 1) change this project title from Boulevard 26 Intersection Improvements to "TIF 1 Expansion" and 2) increase the costs for intersection improvements from $450,000 to $500,000 as well as include $3 million for burial of existing above ground utility lines located on the North Richland Hills' side of Boulevard 26 between the intersections of Glenview Dr. and Rufe Snow Dr. The source of funds will be 2009 certificates of obligation. The certificates of obligation principal and interest will be paid from property taxes contributed from the City of NRH, BISD, Tarrant County, Tarrant County Hospital District, and Tarrant County College District. The costs for design, surveying, and easement acquisition for burying the existing above ground utilities are estimated at $400,000 and have been included in the Engineering phase. FINANCIAL DATA /$1217$ 2008/2009 Total Funding Source Amount to 2008/2009 d1i ', Revised Remaining Project Date Adopted Rvision Budget Balance Cost Prior Funding Allocations: Sales Tax $150,000 $300,000 (i 4.00 $0 $0 $0 0 Proposed Funding Allocations: 2009 Certificates of Obligation 0 0 350b 3,500,000 0 3,500,000 Total $150.00 $300,000 ii3zCl5b,fl 1. $3,500,000 $0 $3,500,000 Project Expenditures Engineering $150,000 $0 $:425,t)C3iI', $575,000 $0 $575,000 (includes burial of utility lines) Construction 0 300,000 2625kOt)b' 2,925,000 0 2,925,000 (includes burial of utility lines) Other 1 0 0 Of 0 0 Total $150,000 1 1 $300,000 $3x05b,000 1$3,500,000 1 1 $0 $3,500,000 IMPACT ON OPERATING BUDGET No operating impact is anticipated. Annual Operating Irnpact 1 2009/201.0 1 20010/2011 2011/2012 1 1 2012/2013 12013/2014 1 1 Total Projected T $0 $0 1 1 $0 $0 $01 1 $0 CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 11 -24 -2008 Presented by: Larry Koonce Agenda No. C.3 Subject: GN 2008 -117 Consider all matters incident and related to approving and authorizing the expansion of Reinvestment Zone Number 1, City of North Richland Hills, including the adoption of Ordinance No. 3030 pertaining thereto (This is not a public hearing but is related to Item C.1) Over the last several months, the City of North Richland Hills has been working on a plan to expand Tax Increment Finance (TIF) Number 1 boundaries along the Boulevard 26 corridor. The City has met with representatives from Birdville Independent School District (BISD), Tarrant County, Tarrant County Hospital District, and Tarrant County College District to present the expansion plan. This TIF Number 1 is one of the smallest in the County and probably in the State, but has had tremendous impact on the City, the County Hospital District, Tarrant County College, and the School District. The original plan created in 1998 was $850,000 for drainage improvements. It has been very successful in increasing real property values and business personal property values. Over the last 10 years property values have increased from $1 million to nearly $16 million within the existing TIF boundaries, which includes the old Richland Plaza shopping center, now called The Hills business center. The proposed expansion includes $3.5 million for intersection improvements and the burial of utility lines along Boulevard 26 in North Richland Hills. We believe this TIF expansion will greatly enhance economic revitalization along this corridor, which will increase property tax revenues for each of our organizations. On November 6, 2008, the TIF Number 1 Board approved a resolution accepting the expansion project plan and finance plan, and recommended that the City of North Richland Hills accept both plans and adopt ordinances expanding the TIF. The signed resolution is attached. Ordinance No. 3030 actually approves the TIF expansion. Exhibit A of the Ordinance describes the metes and bounds of the expansion area, approximately 297 acres. Exhibit B of the Ordinance describes the metes and bounds of the entire expanded zone including the original area. The total is 392 acres. These are further described in the project plan and map in Exhibit B of Ordinance No. 3029, which is also on the agenda for Council consideration. If Council approves the TIF 1 expansion, City staff will meet with the other governing bodies in December and January to acquire amended participation agreements. The financing plan approved by the TIF board and being considered in this ordinance assumes 100% participation from all County entities. BISD will continue to participate in the existing TIF, but not in the expansion. If one or more of the County entities chooses to do something other than 100% participation, the finance plan will need to be amended and brought back for TIF Board and Council approval. This may or may not affect the viability of the finance plan based on the level of participation achieved. Staff would need to reevaluate the cash flow. Based on the approval of the resolution by the TIF Board, the enthusiasm for the projects, and the relatively small dollar amounts being requested, staff believes that a level of participation will be reached to allow the expansion to go forward. Recommendation: To approve Ordinance No. 3030. NItH ORDINANCE NO. 3030 AN ORDINANCE enlarging the boundaries of Reinvestment Zone Number 1, City of North Richland Hills, and resolving other matters incident and relating thereto, including the preparation and execution of participation agreements with overlapping taxing jurisdictions; and providing an effective date. WHEREAS, pursuant to the provisions of the Tax Increment Financing Act, V.T.C.A., Tax Code, Chapter 311, as amended (the "Act"), and pursuant to Ordinance No. 2333, adopted on September 14, 1998 by the City Council of the City of North Richland Hills, Texas (the "City "), the City created a reinvestment zone known as Reinvestment Zone Number 1, City of North Richland Hills (the "Zone "); and WHEREAS, on October 20, 1998, the Board of Directors of the Zone (the "Board ") prepared and adopted a project plan and reinvestment zone financing plan (jointly, the "Plans ") for the Zone in accordance with Section 311.011 (a) of the Act and submitted such Plans to the City Council. for approval; and WHEREAS, the Council approved the Finance Plan and the Project Plan on October 26, 1998 and December 14, 1998, respectively; and WHEREAS, Section 311.007 of the Act allows the City Council to reduce or enlarge the boundaries of an existing reinvestment zone by ordinance or resolution, subject to the limitations provided by Section 311.006 of the Act; and WHEREAS, Section 311.006 of the Act allows a municipality to change the boundaries of an existing reinvestment zone so long as (i) less than ten percent (1.0 %) of the property within the amended boundaries of the reinvestment zone, excluding any property dedicated to public use, is used for residential purposes, as defined in Section 311.006(d) of the Act; (ii) the amended boundaries of the reinvestment zone will not contain more than. fifteen percent (15 %) of the total appraised value of taxable real property in the municipality and in the industrial . districts created by the municipality; and-(iii) the amended boundaries of the reinvestment zone will not contain more than fifteen percent (15%) of the total appraised value of the real. property taxable by a county or school district; and WHEREAS, pursuant to Section 311.007 of the Act, the City wishes to enlarge the Zone by adding certain real property which is contiguous with the Zone and is more specifically described in Exhibit A of this Ordinance (the "Property "); and WHEREAS, the Board has prepared and adopted a first amendment to the project plan and a first amendment to the reinvestment zone financing plan (jointly, the "First Amendments ") for the Zone in accordance with Section 311.011(e) of the Act and submitted such First Amendments to the City Council for approval; and WHEREAS, on November 24, 2008, the City Council held a public hearing regarding the enlargement of the Zone and its benefits to the City and to property in the Zone and afforded a 65215105.1/1061 1340 reasonable opportunity for all interested persons to speak for or against the addition of the Property into the Zone; and WHEREAS, notice of the public hearing was published in a newspaper of general circulation in the City on November. 14, 2008, which date was more than seven. (7) days prior to the date of that hearing; and WHEREAS, prior to the public hearing the City provided written notice to all taxing units levying real property taxes within the Zone of the City's intention to add the Property into the Zone and of the public hearing; and WHEREAS, pursuant to Ordinance No. 3029, adopted on November 24, 2008, and in accordance with Section 31.1.011(e) of the Act, the City Council approved the First Amendments; now, therefore, BE IT ORDAINED BY TI TE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. Designation of Property. The City Council hereby enlarges the boundaries of the Zone by adding the Property specifically described in Exhibit A, which is attached hereto and hereby made a part of this Ordinance for all purposes. The Zone, as enlarged, shall continue to be known as "Reinvestment Zone Number 1, City of North Richland Hills, Texas ", and shall consist of the property specifically described in. Exhibit B, and, with the addition of the Property, the Zone continues to meet the requirements of Section 311.006 of the Act. SECTION 2. Board of Directors. The Board shall remain unchanged and shall continue to conform to the requirements of Section 31 1.009 of the Act. SECTION 3. Term of Zone. The addition of the Property into Zone shall take effect upon the adoption of this Ordinance. As provided in Ordinance No. 2333, the Zone will expire in 2019 or when bonds sold to fund Mackey Creek drainage improvements expire, whichever comes first. SECTION 4. Determination of Tax Increment Base. The tax increment base, as defined by Section 311.012(c) of the Act, for the Property added to the Zone shall be the total appraised value of the Property taxable by a taxing unit for the year 2008, which is the year in which the Property was added to the Zone. The tax increment base for the property located within the boundaries of the Zone prior to the adoption of this Ordinance shall remain unchanged. SECTION 5. Tax. Increment Fund. The Tax Increment Fund created and established for the Zone pursuant to Ordinance No. 2333 (the "TIF Fund ") shall include the percentage of any tax increment (as defined by Section 311.012(a) of the Act) produced by the Property that (i) the City dedicates to the TIF Fund and (ii) each taxing unit which levies real property taxes on the Property elects to dedicate to the TIF Fund under a participation agreement with the City, as authorized by Section 311.013(f) of the Act. SECTION 6. TIF Agreements. In accordance with Section 311.013(#) of the Act, the staff of the City is hereby authorized and directed to prepare and submit on behalf of this City 65215145.1./10611340 2 Council to the overlapping taxing units agreements relating to each taxing unit's participation in the Zone and the additional amount of tax increment, if any, from the Property to be paid into the Tax Increment Fund, and the Mayor and City Secretary are hereby authorized to execute such agreements for and on behalf of the City and as the act and deed of this City Council. SECTION 7. Severabili_,y. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 8. Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 9. Inconooration of Findings and Determinations. The findings 'and determinations of the City Council contained in the preamble hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section, SECTION 10. Public Meeting, It is officially found, determined and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 11. Effective Date. This Ordinance shall be in full force and effect from and after its passage on the date shown below and it is so ordained, [Remainder of page left` blank intentionally] 65215105.1/10611.340 PASSED AND ADOPTED, this November 24, 2008. CITY OF NORTH RICHLAND HILLS, TEXAS Mayor ATTEST: City Secretary APPROVED AS TO LEGALITY: City Attorney (City Seal) 65215105.1110611340 S-1 EXHIBIT A METES AND BOUNDS DESCRIPTION EXPANSION AREA Approximately 297 acres BEGINNING at a point being on. the south Right of Way (ROW) line of Richland Plaza Dr. and being on the north property line of a tract designated by the Tarrant Appraisal District (TAD) as Tract A, A2 and Al, Richland Plaza Addition approximately 70 feet south and approximately 10 feet west of the southwest corner of a tract designated by TAD as Commercial Tract B out of the Richland Plaza Addition; THENCE, in a northeasterly direction leaving said south ROW line and crossing Richland Plaza Drive a distance of approximately 70 feet to the southwest corner of a tract designated by TAD as Commercial Tract B out of the Richland Plaza. Addition; THENCE, in a northerly direction along the west boundary of said Commercial Tract B of the Richland Plaza Addition approximately 130 feet to the northwest corner of said tract; THENCE, in an easterly direction along the north boundary of said Commercial Tract B of the Richland Plaza Addition approximately 335 feet to the southeast corner of Lot 4, Block 10, Richland Hills West Addition; THENCE, in a northerly direction. along the east boundary of said Lot 4, Block 10, Richland Hills West Addition approximately 120 feet to the northeast corner of said lot and also to a point in the south ROW line of Onyx Drive South; THENCE, following said south ROW line in an easterly direction of approximately 177 feet to a point in the said south ROW line and also being the northeast corner of Lot 6, Block 1.0, Richland Hills West Addition; THENCE, in a northeasterly direction leaving said south ROW line and said corner of Lot 6, Block 10, Richland Hills addition crossing Bonier St. a distance of approximately 110 feet to a point in the east ROW line of Bonzer_St.; YHENCE, northeast along the east ROW line of Bonzer St. approximately 760 feet to a point in the south ROW line of Jerrell St. and being the northwest coiner of Lot 9A5, Block 9, Richland Hills West Addition; TIJENCE, in a northwesterly direction leaving said corner of Lot 9A.5, Block 9, Richland Hills West Addition a distance of approximately 60 feet to a point in the north ROW line of Jerrell St. and also being in. the south property line of Lot 27, Block 3, Richland Hills West Addition; 65215105.1110611340 A-1 THENCE, easterly along the north ROW line of Jerrell St. a distance of approximately 400 feet to the southeast corner of Lot 33, Block 3, Richland Hills West Addition and being a point in the west ROW line of Rufe Snow Dr.; THENCE, northerly along said west ROW line of Rufe Snow Dr. a distance of approximately 1,014 feet to a point in the west ROW line of Rufe Snow Dr. and being the northeast corner of Lot 1 A, Block 12, Richland Hills West addition; THENCE, westerly along the north property lines of Lot 1 A through Lot 13, Block 10, Richland Hills West Addition a distance of approximately 810 feet, approximately 15 feet east of the southwest corner of a tract designated by TAD as Tract 2L04, out of the M. Lynch Survey, Abstract No. 953; THENCE, northeasterly along a curve approximately 615 feet to a point in the centerline of Harmonson Rd., perpendicular to the eastern property line of a tract designated by TAD as Tract 2L04A, out of the M. Lynch Survey, Abstract No. 953; THENCE, easterly along said centerline of Harmonson Rd. a distance of approximately 500 feet to a point in said centerline; THENCE, in a northerly direction leaving said centerline of Harmonson Rd. a distance of 365 feet to a point on the southern property line of Lot 11R, Block 2, J.L. Autrey Addition; THENCE, in a westerly direction along the said southern property line a distance of approximately 200 feet to the southwest corner of said Lot 11 R, Block 2, J.L. Autrey Addition; THENCE, in a northerly direction, initially following the western property line of said Lot 11 R, Block 2, J.L. Autrey, and continuing; north, departing from the said western property line a total distance of approximately 240 feet to a point in the centerline of Rita Beth St. that is perpendicular to the most northern property line of said Lot 11 R, Block 2, J.L. Autry Addition; THENCE, in an easterly direction along the most northern property line of Lot 11 R, Block 2, J.L. Autrey Addition a distance of approximately 200 feet to the southeast corner of Lot 8, Block 3, J.L. Autrey Addition; THENCE, in a northerly direction a distance of approximately 205 feet to the northeast corner of Lot 6, Block 3, J.L. Autrey Addition.; THENCE, in a westerly direction along the north property line of said Lot 6, Block 3, J.L. Autrey Addition a distance of approximately 75 feet to the southeast corner of Lot D, Block 3, J.L. Autrey Addition; 65215105.1/10611340 A -2 THENCE, in a northerly direction a distance of approximately 235 feet to the northeast corner of Lot A, Block 3, J.L. Autrey Addition; THENCE, in a westerly direction a distance of approximately 115 feet to a point on the centerline of Rita Beth St. perpendicular to the north property line of said Lot A, Block 3, J.L. Autrey Addition; THENCE, in a northerly direction roughly along the centerline of Rita Beth St. a distance of approximately 175 feet to a point in the centerline of Glenview Dr.; THENCE, in a westerly direction along the centerline of Glenview Dr. a distance of approximately 5 85 feet to a point on said centerline which is perpendicular to the west property line of a tract designated by TAD as Tract 2B4A out of the John M. Vandusen Survey, Abstract No. 1588; THENCE, in a northerly direction leaving said centerline of Glenview Dr. following the west property line of said Tract 2B4A out of the John M. Vandusen Survey, Abstract No. 1588 a distance of approximately 745 feet to the northwest corner of Lot 1., Block 1, North Glenn Addition; THENCE, in a easterly direction along the north property line of said Lot 1, Block 1, North Glenn Addition a distance of approximately 830 feet to a point on the centerline of Rufe Snow Dr.; THENCE, in a southerly direction along said centerline of Rufe Snow Dr. a distance of approximately 535 feet, to a point on said centerline that is perpendicular to the south property line of Lot 1.4R, Block 6, Hillview Addition; THENCE, in an easterly direction parallel to said south property line a distance of approximately 320 feet to a point on the centerline of Carma Dr.; THENCE, in a southerly direction along said centerline of Carma Dr. a distance of approximately 197 feet to a point along said centerline of Carma Dr. that is perpendicular to the north ROW of Glenview Dr. THENCE, in an easterly direction along the north ROW line of Glenview Dr. a distance of approximately 2,710 feet to a point on said ROW line and being the southeast corner of Lot 6, Block 4, North Richland Hills Addition; THENCE, in a northerly direction along the east property line of said Lot 6, Block 4, North. Richland Hills Addition a distance of approximately 115 feet to the northeast corner of said lot; THENCE, in an easterly direction a distance of approximately 7 feet to the southeast comer of Lot 5, Block 4, North Richland Hills Addition; 65x15105.1/10611340 A -3 THENCE, in a northerly direction along the cast property lines of Lots 4 & 5, Block 4, North Richland Hills Addition a distance of approximately 163 feet to the most southern corner of Lot 3, Block 4, North Richland Hills Addition; THENCE, in a northeasterly direction parallel to the southeast property line of Lots 1 -3, Block 4, North Richland Hills Addition, and extending across Blaney Ave. to a total distance of approximately 250 feet to a point on the eastern ROW line of Blaney Ave.; THENCE, in a northwesterly direction along the said east ROW line of Blaney Ave. a distance of approximately 350 feet to a point on said ROW line and being the southwest corner of Lot 1, Block 5, North Richland hills Addition; THENCE, in an easterly direction a distance of approximately 775 feet to the east corner of Lot 14A, Block 5, North Richland Hills Addition; THENCE, in a northeasterly direction a distance of approximately 1,078 feet to the east corner of Block 5, Lot 11, North Richland Hills Addition; "T"HENCE, in a northerly direction a distance of approximately 75 feet to the northwest corner of Lot 2, North Edgley Addition; THENCE, in an easterly direction parallel to the north property line of said Lot 2, North Edgley Addition a total distance of approximately 75 feet to a point on the centerline of Ken Michael Ct.; THENCE, in a northerly direction along said centerline of Ken Michael Ct. a distance of approximately 102 feet to a point on said centerline and being perpendicular to the south property line of Lot 9, North Edgley Addition; THENCE, in an easterly direction along the south property line of said Lot 9, Edgley Addition a distance of approximately 145 feet to the southeast corner of said lot; THENCE, in a northeasterly direction a distance of approximate 75 feet to a point on the west property line of Lot 2R, Block 1, North. Edgley Addition; THENCE, in a northern direction along said west property line a distance of approximately 288 feet to the most west northwest corner of Lot 1 R, Block 1, North Edgley Addition; THENCE, in an easterly direction following the property line of said Lot 1R, Block 1, North Edgley Addition a distance of approximately 50 feet; THENCE, in a northerly direction a distance of approximately 1,500 feet to a point on the west ROW line of Road to the Mall Dr. and also being the northeast corner of Lot 24, H.W. Kelley Estates Addition; 65215105.1!10611340 A-4 THENCE, in a northerly direction along the said west ROW line of Road to the Mall Dr. a distance of approximately 534 feet to a point on said ROW line and being the east corner of Lot 1 RI, Richland Terrace Addition; THENCE, in a northeasterly direction perpendicular to the ROW lines for NE LOOP 820 a distance of approximately 350 feet to a point on. the north ROW line of NE LOOP 820; THENCE, in a easterly direction along said north ROW line of NE LOOP 820 a distance of approximately 1000 feet to another point in said ROW line and also being the south corner of Lot 2R1, Block 42CR, Richland Terrace Addition; THENCE, in. a southeasterly direction a distance of approximately 75 feet to a point on the north ROW line of NE LOOP 820; THENCE, in a easterly direction along the said north ROW line of NE LOOP 820 a distance of 1,920 feet to a point on said ROW line and being the most south southeast corner of Lot 4, Kip's Big Boy Addition; THENCE, in a southeasterly direction a distance of approximately 400 feet to a point on the west ROW line of Booth Calloway Rd. and being the most east northeast corner of Lot B 1, Calloway Park Addition; THENCE, in a southerly direction roughly along the said west ROW line of Booth Calloway Rd. a distance of approximately 675 feet to a point on the south ROW line of Roger Line Dr. and being approximately 15 feet west of the northeast corner of Lot 1 A, Block E, Calloway Farm Addition; THENCE, in an westerly direction along the said south ROW line of Roger Line Dr, a distance of approximately 1,430 feet to a point on said south ROW line and also being the northwest corner of a tract designated by TAD as Tract 9W01 A of the William W. Wallace Survey, Abstract No. 1606. THENCE, in a northwesterly direction along a curved line that follows a private road in the North Hills Mall property, also known as Lot 1R, Block A, Calloway Farm Addition a distance of approximately 470 feet to the east corner of Lot 2, Block J, Calloway Farm Addition; THENCE, in a southwesterly direction. along the southeast property line of said lot a distance of approximately 425 to the south corner of said Lot 2, Block J, Calloway Farm Addition, and being the east corner of Lot 1, Block J, Calloway Farm Addition; THENCE, in a southwesterly direction along the southeast property line of said Lot 1, Block J, Calloway Farm Addition, a distance of approximately 320 feet to the south corner of said lot; 65215105.1/10611340 A -5 THENCE, in a southwesterly direction a distance of approximately 90 feet to the east corner of Lot 1, Block E, Calloway Farm Addition; THENCE, in a southwesterly direction along the southeast property line of said Lot 1, Block E, Calloway Farm Addition a distance of approximately 450 feet to the south corner of said lot; THENCE, in a southwesterly direction along the curved property line of Lot 1R, Block D, Calloway Farm Addition a distance of approximately 400 feet to a point on said property line; THENCE, in a southwesterly direction departing from said property line a distance of approximately 156 feet to the north corner of Lot 15R, Edgley Addition, and being a point on the south ROW line of Highway 26; THENCE, in. a southwesterly direction along the said south ROW line of Highway 26 a distance of approximately 395 feet to a point on said ROW line and being the northwest corner of Lot 12, Edgley Addition, and being a point on the south City Limit line of North Richland Hills; THENCE, in a southwesterly direction along said south city limit line and roughly following the south. ROW line of Highway 26 a distance of approximately 7,625 feet to a point on the said city limit line; THENCE, in a northwesterly direction a distance of approximately 165 feet to the east corner of Commercial Tract Al of the Richland Plaza Addition, a point being on the south ROW line of Richland Plaza Dr.; THENCE, in a northwesterly direction along the curve of the said. south ROW line of Richland Plaza Dr., a distance of approximately 270 feet to the POINT OF BEGINNING. 65215105.1110611340 A -6 EXHIBIT B METES AND BOUNDS DESCRIPTION EXPANDED ZONE (392 acres) BEGINNING at a point being the southeast corner of Lot 1, Block 17 Richland Hills West Addition and the most northerly corner of a 3 8.77 acre tract designated by the Tarrant Appraisal District (TAD) as Tract 1 out of the M. Lynch Survey, Abstract No. 953 and in the west right-of- way (ROW) line of Billie Faye Drive; THENCE, south along the west ROW line of Billie Faye Drive approximately 200 feet to a point; THENCE, in a southeasterly direction leaving said west ROW line and crossing Richland Plaza Drive a distance of approximately 65 feet to a point in the south ROW line of Richland Plaza Drive; THENCE, in an easterly direction following said south ROW line and also being the north property line of Tract A, A2 and Al, Richland Plaza Addition approximately 1,320 feet to a point in the said south ROW of Richland Plaza Drive; THENCE, in a northeasterly direction. leaving said south ROW line and crossing Richland Plaza Drive a distance of approximately 70 feet to the southwest corner of a tract designated by TAD as Commercial Tract B out of the Richland Plaza Addition; THENCE, in a northerly direction along the west boundary of said Commercial Tract B of the Richland Plaza Addition approximately 130 feet to the northwest corner of said tract; THENCE, in an easterly direction along the north boundary of said Commercial Tract B of the Richland Plaza Addition approximately 335 feet to the southeast corner of Lot 4, Block 10, Richland Hills West Addition; THENCE, in a northerly direction along the east boundary of said Lot 41 Block 10, Richland Hills West Addition approximately 120 feet to the northeast corner of said lot and also to a point in the south ROW line of Onyx Drive South; THENCE, following said south ROW line in an easterly direction of approximately 177 feet to a point in the said south ROW line and also being the northeast corner of Lot 6, Block 10, Richland Hills West Addition; THENCE, in a northeasterly direction leaving said south ROW line and said corner of Lot 6, Block 10, Richland Hills addition crossing Bonzer St. a distance of approximately 110 feet to a point in. the east ROW line of Bonzer St.; bszistos.in061134a B -1 THENCE, northeast along the east ROW line of Bonzer St. approximately 760 feet to a point in the south ROW line of Jerrell St. and being the northwest corner of Lot 9A5, Block 9, Richland Hills West Addition; THENCE, in a northwesterly direction leaving said corner of Lot 9A5, Block 9, Richland Hills West Addition a distance of approximately 60 feet to a point in the north ROW line of Jerrell St. and also being in the south property line of Lot 27, Block 3, Richland Hills West Addition; THENCE, easterly along the north ROW line of Jerrell St. a distance of approximately 400 feet to the southeast corner of Lot 33, Block 3, Richland Hills West Addition and being a point in the west ROW line of Rufe Snow Dr.; THENCE, northerly along said west ROW line of Rufe Snow Dr. a distance of approximately 1,014 feet to a point in the west ROW line of Rufe Snow Dr. and being the northeast corner of Lot 1 A, Block 12, Richland Hills West addition; THENCE, westerly along the north property lines of Lot 1 A through Lot 13, Block 10, Richland Hills West Addition a distance of approximately 810 feet, approximately 15 feet east of the southwest corner of a tract designated by TAD as Tract 2L04, out of the M. Lynch Survey, Abstract No. 953; THENCE, northeasterly along a curve approximately 615 feet to a point in the centerline of Harmonson Rd., perpendicular to the eastern property line of a tract designated by TAD as Tract 2L04A, out of the M. Lynch Survey, Abstract No. 953; THENCE,' easterly along said centerline of Harmonson Rd. a distance of approximately 500 feet to a point in said centerline; THENCE, in a northerly direction leaving said centerline of Harmonson Rd. a distance of 365 feet to a point on the southern property line of Lot 11 R, Block 2, J.L. Autrey Addition; THENCE, in a westerly direction along the said southern property line a distance of approximately 200 feet to the southwest corner of said Lot 11 R, Block 2, J.L. Autrey Addition; THENCE, in a northerly direction, initially following the western property line of said Lot 11R, Block 2, J.L. Autrey, and continuing north, departing from the said western property line a total distance of approximately 240 feet to a point in the centerline of Rita Beth St. that is perpendicular to the most northern property line of said Lot 11R, Block 2, J.L. Autry Addition; THENCE, in an easterly direction along the most northern property line of Lot 11R, Block 2, J.L. Autrey Addition a distance of approximately 200 feet to the southeast corner of Lot 8, Block 3, J.L. Autrey Addition; 652151 05.1110611340 B-2 THENCE, in a northerly direction a distance of approximately 205 feet to the northeast corner of Lot 6, Block 3, J.L. Autrey Addition; THENCE, in a westerly direction along the north property line of said 'Lot 6, Block 3, J.L. Autrey Addition a distance of approximately 75 feet to the southeast corner of Lot D, Block 3, J.L. Autrey Addition; THEN CE, in a northerly direction a distance of approximately 235 feet to the northeast corner of Lot A, Block 3, J.L. Autrey Addition; THENCE, in a westerly direction a distance of approximately 115 feet to a point on the centerline of Rita Beth St. perpendicular to the north property line of said Lot A, Block 3, J.L. Autrey Addition; THENCE, in a northerly direction roughly along the centerline of Rita Beth St. a distance of approximately 175 feet to a point in the centerline of Glenview Dr.; THENCE, in a westerly direction along the centerline of Glenview Dr. a distance of approximately 585 feet to a point on said centerline which is perpendicular to the west property line of a tract designated by TAD as Tract 2B4A. out of the John M. Vandusen Survey, Abstract No. 1588; THENCE, in a northerly direction leaving said centerline of Glenview Dr. following the west property line of said Tract 2B4A out of the John M. Vandusen Survey, Abstract No. 1588 a distance of approximately 745 feet to the northwest corner of Lot 1, Block 1, North Glenn Addition; THENCE, in a easterly direction along the north property line of said Lot 1, Block 1, North Glenn Addition a distance of approximately 830 feet to a point on the centerline of Rufe Snow Dr.; THENCE, in a southerly direction along said centerline of Rufe Snow Dr. a distance of approximately 535 feet, to a point on said centerline that is perpendicular to the south property line of Lot 14R, Block 6, Hillview Addition; THENCE, in an easterly direction parallel to said south property line a distance of approximately 320 feet to a point on the centerline of Carma Dr.; THENCE, in a southerly direction along said centerline of Carma Dr. a distance of approximately 197 feet to a point along said centerline of Carma Dr. that is perpendicular to the north ROW of Glenview Dr. THENCE, in an easterly direction along the north ROW line of Glenview Dr. a distance of approximately 2,710 feet to a point on said ROW line and being the southeast corner of Lot 6, .Block 4, North Richland Hills Addition; 65215105.1/1061 1340 B -3 THENCE, in a northerly direction along the east property line of said Lot 6, Block 4, North Richland Hills Addition a distance of approximately 115 feet to the northeast corner of said lot; THENCE, in an easterly direction a distance of approximately 7 feet to the southeast corner of Lot 5, Block 4, North Richland Hills Addition; THENCE, in a northerly direction along the east property lines of Lots 4 & 5, Block 4, North Richland Hills Addition a distance of approximately 163 feet to the most southern corner of Lot 3, Block 4, North Richland Hills Addition; THENCE, in a northeasterly direction parallel to the southeast property line of Lots 1 -3, Block 4, North Richland Hills Addition, and extending across Blaney Ave. to a total distance of approximately 250 feet to a point on the eastern ROW line of Blaney Ave.; THENCE, in a northwesterly direction along the said east ROW line of Blaney Ave. a distance of approximately 350 feet to a point on said ROW line and being the southwest corner of Lot 1, Block. 5, North Richland Hills Addition; THENCE, in an easterly direction a distance of approximately 775 feet to the east corner of Lot 14A, Block 5, North Richland Hills Addition; THENCE, in a northeasterly direction a distance of approximately 1,078 feet to the east corner of Block 5, Lot 11, North Richland Hills Addition; THENCE, in a northerly direction a distance of approximately 75 feet to the northwest corner of Lot 2, North Edgley Addition; THENCE, in an easterly direction parallel to the north property line of said Lot 2, North Edgley Addition a total distance of approximately 75 feet to a point on the centerline of Ken Michael Ct.; THENCE, in a northerly direction along said centerline of Ken Michael Ct. a distance of approximately 102 feet to a point on said centerline and being perpendicular to the south property line of Lot 9, North Edgley Addition; THENCE, in an easterly direction along the south property line of said Lot 9, Edgley Addition a distance of approximately 145 feet to the southeast corner of said lot; THENCE, in a northeasterly direction a distance of approximate 75 feet to a point on the west property line of Lot 2R, Block 1, North Edgley Addition; 65215105.1./10611340 B-4 THENCE, in a northern direction along said. west property line a distance of approximately 288 feet to the most west northwest corner of Lot 1R, Block 1, North Edgley Addition; THENCE, in an easterly direction following the property line of said Lot 1 R, Block 1, North Edgley Addition a distance of approximately 50 feet; THENCE, in a northerly direction a distance of approximately 1,500 feet to a point on the west ROW line of Road to the Mall Dr. and also being the northeast corner of Lot 24, H.W. Kelley Estates Addition; THENCE, in a northerly direction along the said west ROW line of Road to the Mall Dr. a distance of approximately 534 feet to a point on said ROW line and being the east corner of Lot 1R1., Richland Terrace Addition; THENCE, in a northeasterly direction perpendicular to the ROW lines for NE LOOP 820 a distance of approximately 350 feet to a point on the north ROW line of NE LOOP 820; THENCE, in a easterly direction along said north ROW line of NE LOOP 820 a distance of approximately 1000 feet to another point in said ROW line and also being the south corner of Lot 2R1, Block 42CR, Richland Terrace Addition; THENCE, in a southeasterly direction a distance of approximately 75 feet to a point on the north ROW line of NE LOOP 820; THENCE, in a easterly direction along the said north ROW line of NE LOOP 820 a distance of 1,920 feet to a point on said ROW line and being the most south southeast corner of Lot 4, Kip's Big Boy Addition; THENCE, in a southeasterly direction a distance of approximately 400 feet to a point on the west ROW line of Booth Calloway Rd. and being the most east northeast corner of Lot B 1, Calloway Park Addition; THENCE, in a southerly direction roughly along the said west ROW line of Booth Calloway Rd. a distance of approximately 675 feet to a point on the south ROW line of Roger Line Dr. and being approximately 15 feet west of the northeast corner of Lot 1 A, Block E, Calloway Farm Addition; THENCE, in an westerly direction along the said south ROW line of Roger Line Dr. a distance of approximately 1,430 feet to a point on said south ROW line and also being the northwest corner of a tract designated by TAD as Tract 9Wd 1 A of the William W. Wallace Survey, Abstract No. 1606. THENCE, in a northwesterly direction along a curved line that follows a private road in the North Hills Mall property, also known as Lot 1 R, Block A, Calloway Farm 65215105.111 06 1 134 0 B-5 Addition a distance of approximately 470 feet to the east corner of Lot 2, Block J, Calloway Farm Addition; THENCE, in a southwesterly direction along the southeast property line of said lot a distance of approximately 425 to the south corner of said Lot 2, Block J, Calloway Farm Addition, and being the east corner of Lot 1, Block J, Calloway Farm Addition; THENCE, in a southwesterly direction along the southeast property line of said Lot 1, Block J, Calloway Farm. Addition, a distance of approximately 320 feet to the south corner of said lot; THENCE, in a southwesterly direction a distance of approximately 90 feet to the east comer of Lot 1, Block E, Calloway Farm Addition; THENCE, in a southwesterly direction along the southeast property line of said Lot 1, Block E, Calloway .Farm Addition a distance of approximately 450 feet to the south corner of said lot; THENCE, in a southwesterly direction along the curved property line of Lot 1R., Block D, Calloway Farm Addition a distance of approximately 400 feet to a point on said property line; THENCE, in a southwesterly direction departing from said property line a distance of approximately 156 feet to the north corner of Lot 15R, Edgley Addition, and being a point on the south ROW line of Highway 26; THENCE, in a southwesterly direction along the said south ROW line of Highway 26 a distance of approximately 395 feet to a point on said ROW line and being the northwest corner of Lot 12, Edgley addition, and being a point on the south City Limit line of North Richland Hills; THENCE, in a southwesterly direction along said south city limit line and roughly following the south. ROW line of Highway 26 until the city limit line departs from said ROW line and continues on its own a total distance of approximately 10,770 feet to a corner on the said city limit line and being the southwest corner of a Tract designated by TAD as Commercial Tract C of the Richland Plaza Addition; THENCE, in a northerly direction a distance of approximately 50 feet to a point on the west property line of said Commercial Tract C of the Richland Plaza Addition; THENCE, in a westerly direction a distance of approximately 360 feet to a point on the northeast property line of Lot 33, Block 2, Diamond Oaks South Addition; THENCE, in a northwesterly direction along the said northeast property line of Lot 33, Block 2, Diamond Oaks South Addition a distance of approximately 205 feet to the north 65215105.1/10611340 B -6 corner of said lot and being the southeast corner of Lot 29R, Block 2, Diamond Oaks South Addition; THENCE, in a northwesterly direction along the northeast property line of said Lot 29R., Block 2, Diamond Oaks South Addition a distance of approximately 175 feet to the northeast corner of said lot; THENCE, in a northwesterly direction along the northeast property line of Lot 28R, Block 2, Diamond Oaks Addition a distance of approximately 1.75 feet to the north corner of said lot; THENCE, in a northwesterly direction a distance of approximately 165 feet to the northeast corner of Lot 22R, Block 2, Diamond Oaks South Addition; THENCE, in a northwesterly direction a distance of approximately 225 feet to the north comer of Lot 20R, Block 2, Diamond Oaks South Addition; THENCE, in a northwesterly direction a distance of approximately 215 feet to the northeast corner of Lot 16R, Block 2, Diamond Oaks South Addition; THENCE, in a northwesterly direction a distance of approximately 250 feet to the east corner of Lot 12R, Block 2, Diamond Oaks South Addition; THENCE, in a northwesterly direction along the northeast property line of said Lot 12R. and Lot 11R, Block 2, Diamond. Oaks South Addition a total distance of approximately 205 feet to the north corner of said Lot 11 R, Block 2, Diamond Oaks South Addition; THENCE, in a northwesterly direction a distance of approximately 420 feet to the northeast corner of Lot 3R, Block 2, Diamond Oaks South Addition; THENCE, in a southeasterly direction a distance of approximately 205 feet to the southwest corner of a tract designated by TAD as Tract 4A of the Mahaly Lynch Survey, Abstract No. 953; THENCE, in an easterly direction a distance of approximately 1,600 feet to the POINT OF BEGINNING and containing approximately 392 acres of land. 65215105.1/1 061134(3 B -7 RESOLUTION NO. 2008-02 A RESOLUTION of the Board of Directors of Reinvestment Zone Number 1, City of North Richland Hills adopting certain amendments to the project plan and financing plan for Reinvestment Zone Number 1, City of North Richland Hills, and authorizing and approving other matters incidental and related thereto. WHEREAS, the City of North Richland Hills, Texas (the "City ") has created Reinvestment Zone Number 1, City of North Richland Hills (the "Zone "); and WHEREAS, in connection with the Zone there has been adopted a project plan and reinvestment zone financing plan (each a "Plan", and jointly, the "Plans ") that contain, among other items, a map showing existing uses and conditions of real property in the zone and a map showing proposed improvements to and proposed uses of that property; and WHEREAS, the Board of Directors of the Zone (the "Board ") desires to amend the Plans to expand the boundaries of the Zone to include additional property in the Zone; and WHEREAS, the Board has prepared a first amendment to the project plan and a first amendment to the reinvestment zone financing plan (jointly, the "First Amendments "), each of which details the amendments to be made to the respective Plan, and the Board desires to adopt such First Amendments; now, therefore, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NUMBER 1, CITY OF NORTH RICHLAND HILLS: SECTION 1. The First Amendments, attached hereto as Exhibit A and Exhibit B and incorporated herein by reference, are hereby approved and adopted pursuant to V.T.C.A., Tax Code, Section 311.011(e), as amended. SECTION 2. The Board hereby authorizes and directs that a copy of this Resolution be forwarded to the City Council of the City as a recommendation of the Board for the approval by the City Council of the First Amendments. SECTION 3. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED this the 6th day of November, 2008. BOARD OF DIRECTORS, REINVESTMENT Z NE NUMBER 1, CITY O ORTH I HLAND HILLS By: Chairman ATTEST: ecretary 65216019.1/10611340 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -24 -2008 Presented by: Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. Department: City Secretary Presented by: Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Council Meeting Date: 11 -24 -2008 Agenda No. E.0 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 11 -24 -2008 Presented by: Gregory Van Nieuwenhuize Agenda No. E.1 Subject: PW 2008 -029 Award a Professional Services Agreement to Baird, Hampton & Brown in the amount of $41,500.00 for the Winter Park Drive and Amundson Road Waterline Project This Capital Improvements Project is identified as the "Water Line (Amundson Road, Winter Park & Newman)" Project (Project No. UT0707) in the Capital Projects Budget. The project's professional services will consist of the design of approximately 3,000 linear feet of water main along Winter Park and Newman Drive between Bridge Street and Emerald Hills Way and approximately 500 linear feet of water main along Amundson Road between Cardinal Lane and Mid - Cities Boulevard. The acquisition of additional Right -of -Way is not anticipated to be needed for the construction of this project. The project's design will include the installation of 8 inch diameter and 12 inch diameter water distribution mains in accordance with the City's Water and Wastewater Master Plan. The project's water mains are also identified in the 2005 Water and Wastewater Impact Fee Report as being eligible for partial reimbursement. Staff followed the City's policy for procuring professional services for the design of the project. Requests for Statements of Qualifications were initially sent to 36 local engineering firms; 25 firms responded by submitting their Statements of Qualifications to the City's Purchasing Manager. Due to the similar nature of this project with two (2) other water main projects in the Capital Projects Budget, a joint committee was assembled to select a design consultant for these three (3) similar although separate water main projects: 1) Holiday Lane & College Circle Project (UT0805), 2) Holiday Lane & Iron Horse Project (UT0806), and 3) portions of two (2) Hometown Projects (UT0707 & UT0708). Note: Due to the uncertainty of the Hometown Phase 4 development, UT0708 will not be constructed at this time. The selection committee was comprised of five (5) North Richland Hills staff members who represented the Public Works Department, the Parks & Recreation Department, and the Neighborhood Services Department. Although three (3) Public Works staff members participated on the committee, the Public Works Department was permitted only one vote for each of these water main projects. The committee evaluated the 25 proposals and selected the top six (6) firms based on each firm's design experience on similar projects, current work load, proposed project approach and estimated design schedule. The top firms chosen by the committee were: A.N.A. Consultants, LLC; Baird, Hampton & Brown; CSI; Dannenbaum Engineering, Inc.; Graham Associates; Lopez Garcia Group; and Teague, Nall & Perkins, Inc. The designated project manager from each of these firms was asked to attend an interview with the selection committee. Following the interviews, the selection committee recommended the firms of A.N.A. Consultants; Baird, Hampton & Brown; and URS /Lopez Garcia Group as the top three (3) firms. Each firm was recommended to be awarded one of the previously indicated three (3) water main projects. (The City Council previously awarded the other two (2) water main projects at the October 27th City Council Meeting.) Since 1992, Baird, Hampton & Brown, Inc. has been providing innovative design solutions to complex projects for a variety of public and private clients. Their Civil, Survey and Mechanical /Electrical /Plumbing teams work together to provide their clients with concise, well- coordinated, complete solutions. They are experienced in the design of new construction and renovations to modernize and /or improve the efficiency of facilities. Baird, Hampton & Brown offers the momentum, resources and experienced professionals of a large firm with the flexibility, personal client service and access to the corporate leadership of a small firm. The contract includes all items necessary to perform the engineering design services, including survey services. The contract fee of $41,500 is lump sum and the proposed contract is the City's standard agreement for professional engineering services. There is sufficient funding for design services in the 2007 -2008 Capital Projects Budget. Recommendation: To approve the professional services agreement to Baird, Hampton & Brown in the amount of $41,500.00 for the Winter Park Drive and Amundson Road Waterline Project and authorize the City Manager to execute such agreement. fill --J 80 WATER LINE FROM CARDINAL LANE TO MID-CITIES BLVD. % VA- 77, z IT WATER LINE FROM BRIDGE STREET TO EMERALD HILLS WAY o Water Line (Amundson Rd/ Winter Park Dri Newman Dr) NORTH RICHLAND HILLS Project Locator Wlap AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND BAIRD, HAMPTON & BROWN, INC. This Agreement is executed by and between the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through Larry Cunningham, its duly authorized City Manager (hereinafter called "CITY "), and Baird, Hampton & Brown, Inc., a Texas corporation, acting by and through John W. Baird, Jr., its duly authorized Principal (hereinafter called "ENGINEER "). WITNESSETH, that CITY desires professional engineering services in connection with the Winter Park Dr. & Amundson Rd. Waterline Project. NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: II. PROJECT In this Agreement, the "PROJECT" means the engineering design of the Winter Park Dr. & Amundson Rd. Waterline Project from Emerald Hills Way to Bridge St. and from Mid Cites Blvd. to Cardinal Ln. in accordance with the Public Works Design Manual, applicable CITY codes, regulations and standards. III. BASIC AGREEMENT ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER's employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section VIII: "Compensation" and Exhibit F: "Compensation ". IV. SCOPE OF ENGINEER'S SERVICES ENGINEER shall render the professional services necessary for development of the PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as detailed in Exhibit B: "Basic Engineering Services ", said exhibits being attached hereto and incorporated herein for all purposes. ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the Dallas /Fort Worth Metroplex area, for professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. V. SPECIAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Special Engineering Services as indicated in Exhibit C: "Special Engineering Services ", attached hereto and made a part of this Agreement. VI. ADDITIONAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Additional Engineering Services as indicated in Exhibit D: "Additional Engineering Services ", attached hereto and made a part of this Agreement. VII. SCOPE OF CITY SERVICES The City will furnish items and perform those services as identified in Exhibit E: "Services to be provided by the City ", attached hereto and made a part of this Agreement. VIII. COMPENSATION A. In consid eration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit F: "Compensation ". B. To tal payments including without limitation salary and reimbursable expenses, to ENGINEER by CITY for the services stated in Section IV and Section V above shall not exceed Forty One Thousand Five Hundred Dollars ($41,500.00). C. CITY may authorize additional services to be provided by ENGINEER as mutually agreed upon by the parties. Any authorization for additional services shall be given to ENGINEER by CITY in writing and approved by CITY. D. CITY and ENGINEER understand that the variables in ENGINEER's cost of performance may fluctuate. The parties agree that any fluctuation in ENGINEER's costs will in no way alter ENGINEER's obligations under this Agreement nor excuse performance or delay on ENGINEER's part. IX. OWNERSHIP OF DOCUMENTS All completed or partially completed evaluations, reports, surveys, designs, drawings and specifications prepared or developed by ENGINEER under this Agreement, including any original drawings, computer disks, mylars or blue lines, shall become the property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires; provided, however, that ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described in this Agreement. X. INDEMNITY ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ANY LIABILITY ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PROPERTY, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES INCURRED BY CITY, PROXIMATELY CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ENGINEER OR ITS OFFICERS, AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees and subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Approval by CITY shall not be deemed to be an assumption of such responsibility and liability by CITY for any error, omission, defect, deficiency or negligence in the performance of ENGINEER's professional services or in the preparation of the evaluations, reports, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by CITY signifies CITY's approval of only the general design concept of the improvements to be constructed. In this connection, ENGINEER and its subconsultants shall indemnify and hold CITY and all of its officers, agents, servants, and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to any and all persons, including but not limited to officers, agents or employees of ENGINEER or its subconsultants, and all other persons performing any part of the work and improvements, which may arise out of any negligent act, error, or omission in the performance of ENGINEER's professional services or in the preparation of evaluations, reports, surveys, designs, working drawings, specifications and other engineering documents incorporated into any improvements constructed in accordance therewith; ENGINEER shall defend at its own expense any suits or other proceedings brought against CITY and its officers, agents, servants and employees or any of them on account of the foregoing described negligent acts, errors or omissions, and shall pay all expenses and satisfy all judgments which maybe incurred by or rendered against CITY, its officers, agents, servants and employees or any of them, in connection with the foregoing described negligent acts, errors, or omissions; provided and except however, that this indemnification provision shall not be construed as requiring ENGINEER to indemnify or hold CITY or any of its officers, agents, servants or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to persons caused by defects or deficiencies in design criteria and information furnished to ENGINEER by CITY, or any deviation in construction from ENGINEER's designs, working drawings, specifications or other engineering documents. XI. INSURANCE For the duration of this Agreement, ENGINEER shall maintain the following minimum public liability and property damage insurance which shall protect ENGINEER, its subcontractors, its subconsultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. ENGINEER shall provide a Certificate of Insurance verifying that the following minimum limits of coverage are provided: A. Worker's Compensation Insurance: Statutory requirements ($ 300,000 minimum) B. Compre hensive General Liability and Bodily Injury: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate C. Comprehensive Automobile Liability: Bodily Injury Property Damage Combined Single Limit D. Professional Liability: Errors and Omissions $ 500,000 per person, or $ 1,000,000 per occurrence; and $ 100,000 each occurrence; or $ 1,000,000 aggregate $ 1, 000, 000 The Certificate of Insurance shall contain a provision that such insurance cannot be canceled or modified without thirty (30) days prior written notice to CITY. XII. ARBITRATION No arbitration arising out of or relating to this Agreement shall occur without both parties' written approval. XIII. TERMINATION AND SUSPENSION A. CITY may terminate this Agreement at any time for convenience or for any cause by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate this Agreement in the event the other party fails to perform in accordance with the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall pay ENGINEER a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by ENGINEER up to the date of termination of this Agreement and for subcontract and reproduction in accordance with the method of compensation stated in Section VIII: "Compensation" hereof. In the event of termination, the amount paid shall not exceed the amount appropriate for the percentage of work completed. XIV. SUCCESSORS AND ASSIGNS CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. XV. AUTHORIZATION, PROGRESS, AND COMPLETION CITY and ENGINEER agree that the PROJECT is planned to be completed in accordance with the Exhibit A: "Project Schedule" which is attached hereto and made a part hereof. ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond ENGINEER's control. With mutual agreement, CITY and ENGINEER may modify the Project Schedule during the course of the PROJECT and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to City Council approval. For Additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation as agreed upon by CITY and ENGINEER. It is understood that this Agreement contemplates the full and complete Engineering services for this PROJECT including any and all services necessary to complete the work as outlined in Exhibit B: "Basic Engineering Services ". Nothing contained herein shall be construed as authorizing additional fees for services to provide complete services necessary for the successful completion of this PROJECT. XVI. SUBCONTRACTS ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of the services to be performed by ENGINEER under this Agreement. XVII. RIGHT TO AUDIT ENGINEER agrees that CITY shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take -offs, documents, papers and records of ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CITY shall give ENGINEER reasonable advance notice of intended audits. ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take -offs, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. CITY shall give subconsultant reasonable advance notice of intended audits. XVIII. EXHIBITS Both parties agree to the following exhibits and as such, the following exhibits are made a part of this Agreement: Exhibit "A" Project Schedule Exhibit "B" Basic Engineering Services Exhibit "C" Special Engineering Services Exhibit "D" Additional Engineering Services Exhibit "E" Services to be Provided by the City Exhibit "F" Compensation Exhibit "G" Conflict of Interest Questionnaire XIX. MISCELLANEOUS A. Auth orization to Proceed. Signing this Agreement shall be construed as authorization by CITY for ENGINEER to proceed with the work, unless otherwise provided for in the authorization. B. Leg aq I Expenses. In the event legal action is brought by CITY or ENGINEER against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions of this Agreement, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. C. Notices. Any notice or correspondence required under this Agreement shall be sent by certified mail, return receipt requested, or by personal delivery and shall be effective upon receipt, if addressed to the party receiving the notice or correspondence at the following address: If to ENGINEER: Baird, Hampton & Brown, Inc. Attn: Kevin B. Miller, P.E. 6300 Ridglea Place, Suite 700 Fort Worth, Texas 76116 If to CITY: City of North Richland Hills Attn: Mr. Mike Curtis, P.E. Director of Public Works 7301 N.E. Loop 820 North Richland Hills, Texas 76180 D. Independent Contractor. ENGINEER shall perform services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herewith shall be construed as creating a partnership or joint venture between CITY and ENGINEER, its officers, agents, employees and subconsultants; and the doctrine of respondent superior has no application as between CITY and ENGINEER. E. Venu e. This Agreement shall be governed by the laws of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. F. Entire Aqreement. This Agreement represents the entire and integrated agreement between CITY and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and ENGINEER. G. Severability. If any provision in this Agreement shall be held illegal by a valid final judgment of a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable. H. Assignment. CITY and ENGINEER each bind themselves, their heirs, successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. This Agreement is not to be assigned, sublet or transferred, in whole or in part, by either CITY or ENGINEER without the prior written consent of the other party. I. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the PROJECT and business relationships with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement. This Agreement is executed in two (2) counterparts. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this the day of CITY OF NORTH RICHLAND HILLS BAIRD, HAMPTON & BROWN, INC. (CITY) (ENGINEER) A Larry Cunningham, City Manager Date: ATTEST: City Secretary In John W. Baird, Jr., President Date: ATTEST: Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: CITY SEAL CORPORATE SEAL EXHIBIT A PROJECT SCHEDULE FOR WINTER PARK DR. & AMUNDSON RD. WATERLINE PROJECT (Emerald Hills Way to Bridge St.) (Mid Cities Blvd. to Cardinal Ln.) PROJECT SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activitv Pre -Scope Meeting Complete Survey Complete Preliminary Plans Neighborhood Meeting Complete Final Plans Final Bid Documents Advertise for Construction Bids Open Construction Bids Begin Construction Due Date December 1, 2008 December 22, 2008 February 2, 2009 February 25, 2009 April 20, 2009 May 18, 2009 May 24, 2009 & May 31, 2009 June 5, 2009 June 23, 2009 EXHIBIT B BASIC ENGINEERING SERVICES FOR WINTER PARK DR. & AMUNDSON RD. WATERLINE PROJECT (Emerald Hills Way to Bridge St.) (Mid Cities Blvd. to Cardinal Ln.) The scope of work for BASIC Engineering Services involves Preliminary Design, Project Plans, Specifications and Estimates on waterlines. I. GENERAL A. Design Meetings 1. The ENGINEER will meet with the CITY's staff during the development of the preliminary, and final plan phases of the PROJECT. B. Project Man agement, Administration and Coordination 1. The ENGINEER will establish and maintain PROJECT schedules and budgets, develop monthly progress reports, prepare invoices, and meet with other entities on an as needed basis for the duration of the PROJECT's design. 2. Supervision of Sub - consultants (if necessary) The ENGINEER will establish a work program and schedule for each sub - consultant at the beginning of each phase /section of the PROJECT. The ENGINEER will be responsible for the coordination, supervision, review and incorporation of work performed by subconsultants. C. Data Collection 1. The ENGINEER will collect, compile and evaluate existing data collected from the CITY, or other entities that supply needed existing information for the design of the PROJECT. 2. Utility companies will be contacted prior to surveying and asked to pin existing facilities. The locations of their facilities which may affect the PROJECT will be recorded by the survey team. The survey data will be sent back to the utility companies for confirmation. 3. The ENGINEER will make every effort to obtain Record Drawings for the following facilities in the PROJECT area including: - Box Culverts -Roadway - Water Lines - Sanitary Sewer Lines - Storm Drain Lines - Southwestern Bell Underground and /or Overhead Lines - Electric Underground and /or Overhead Lines - Gas Lines - Other Utilities Known to Serve the PROJECT Area The locations of utilities tied from field surveys and record drawings will be compiled and shown on the design plans. II. PRELIMINARY DESIGN PHASE A. Waterline Design 1. The ENGINEER will develop a preliminary design of proposed waterline improvements. The preliminary design will include the proposed horizontal alignments for all waterlines and vertical alignments for waterlines 12" or larger. These plan sheets will be at a 1" = 40' scale and contain topographic information, existing right -of -way lines, waterline baselines, existing pavement edges, contours where necessary, and any other information necessary for waterline construction. Top of Pipe Profiles for waterlines 12" or larger will be prepared at 1" = 40' horizontal scale and 1 " = 4' vertical scale and will contain existing ground lines at the proposed centerline, and profile elevations at 100' intervals. Upon completion, the preliminary design will be submitted to the CITY for review. The preliminary design must be approved by the CITY prior to the start of the final design phase. B. Other Waterline Design Elements 1. A Project Title Sheet will be prepared as required and included in the Plans. 2. Waterline horizontal and vertical control and horizontal curve data will be shown on the plans. 3. Waterline valve and fire hydrant spacing will be shown on the plans and approved by the CITY prior to proceeding to the final design phase 4. CITY standard details will be utilized for construction details of the project. C. Quantities and Cost Estimate 1. PROJECT quantities will be calculated and tabulated for inclusion in the bid proposal and cost estimates. 2. The ENGINEER's opinion of probable construction costs will be prepared for the entire PROJECT using current unit cost data. D. Submit Preliminary Plans for Review 1. Submit two (2) sets of preliminary plans for CITY review. 2. Submit plans to utility companies for review. III. FINAL DESIGN PHASE A. Prepare Fin al Design Plans 1. Incorporate CITY review comments and directives from the preliminary design plans, in the preparation of final construction plans. B. Calculate Fin al Quantities and Cost Estimates 1. Revise the preliminary quantities and opinion of probable costs per changes in the final design and CITY review comments. C. Prepare Contract Documents and Specifications 1. Compile special provisions necessary for the PROJECT. 2. Compile specifications necessary for the PROJECT. Any special specifications will also be prepared. The CITY will provide a copy of their contract and specification documents in digital format. 3. Compile and develop a list of general notes necessary for the PROJECT. 4. Prepare complete contract documents and specifications for bidding purposes. D. Submit final plans, specifications, and cost estimates for CITY review 1. Submit two (2) sets of final bid documents for CITY review and approval. 2. Submit detailed drawings and plans /specifications to appropriate regulatory agency(ies) and utility companies. IV. CONSTRUCTION PHASE A. Assist the CITY in the advertisement of the PROJECT for bid. The CITY shall bear the cost of advertisement. The ENGINEER shall provide necessary printing of construction plans, specifications and contract documents up to 15 sets for use in obtaining bids, awarding contracts, and constructing the PROJECT. The ENGINEER shall be responsible for dispersing all plans and specifications from its office to prospective bidders. B. Assist the CITY in the opening and tabulation of the construction bids for the PROJECT and recommend to the CITY as to the proper action on all proposals received. C. Assist in the preparation of formal Contract Documents and in coordinating their execution by the respective parties. D. Represent the CITY in the non - resident administration of the PROJECT up to three construction meetings including a preconstruction conference. In this capacity, the ENGINEER shall have the authority to exercise whatever rights the CITY may have to disapprove work and materials that fail to conform to the Contract Documents when such failures are brought to the ENGINEER's attention. (This function of ENGINEER shall not be construed as supervision of the PROJECT and does not include on -site activities other than occasional site visits to observe overall PROJECT conditions. It particularly does not involve exhaustive or continuous on -site inspection to check the quality or quantity of the work or material; nor does it place any responsibility on the ENGINEER for the techniques and sequences of construction or the safety precaution incident thereto, and ENGINEER will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Contract Documents.) E. Consult and advise the CITY; issue such instructions to the Contractor as in the judgment of the ENGINEER are necessary; and prepare routine change orders as required. F. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the PROJECT and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. G. Prepare or review monthly and final estimates for payments to Contractor, as to payments to subcontractors and suppliers. The CITY's Resident PROJECT Representative will provide the ENGINEER a detailed report depicting the work performed during the pay period and include any and all approved changes during construction. (This function of ENGINEER shall not be construed as supervision of the PROJECT and does not include on -site activities other than occasional site visits to observe overall PROJECT conditions. It particularly does not involve exhaustive or continuous on -site inspection to check the quality or quantity of the work or material; nor does it place any responsibility on the ENGINEER for the techniques and sequences of construction or the safety precaution incident thereto, and ENGINEER will not be responsible or liable in any degree for the Contractor's failure to perform the construction work in accordance with the Contract Documents.) H. Attend, in company with the Contractor and CITY'S Resident Project Representative, a final inspection of the PROJECT for conformance with the design concept of the PROJECT and compliance with the Contract Documents; and approve in writing final payment to the Contractors. I. Revise contract drawings, with the assistance of the CITY's Resident PROJECT Representative to reflect available information as to how the work was constructed. The CITY's Resident PROJECT Representative will provide the ENGINEER a red -lined set of drawings depicting changes during construction. The ENGINEER shall revise original design drawings, noting changes during construction, and submit three (3) sets of Record Drawings and one CD -ROM (pdf format) to the CITY. EXHIBIT C SPECIAL ENGINEERING SERVICES FOR WINTER PARK DR. & AMUNDSON RD. WATERLINE PROJECT (Emerald Hills Way to Bridge St.) (Mid Cities Blvd. to Cardinal Ln.) The scope of work for SPECIAL Engineering Services involves Surveys (Easements /Right -of -Way and Design). The scope of work for the Special Engineering Services is more generally described as follows: I. SURVEYING A. Design Surveys 1. Establish Survey Control Establish survey control along each route as necessary. These control points will be established based on and tied to established CITY horizontal and vertical control points. The horizontal control for each route in the PROJECT will be established on the State Plane Coordinate System (NAD'83 Surface Coordinates) from CITY monumentation. Control points will be established using GPS and /or conventional surveying methods. 2. Surveying for Engineering Design Perform necessary surveying operations for the complete design of the project as outlined in this Scope of Services. Surveying shall include the following: a. Establish horizontal and vertical control within the project limits. b. Tie right -of -way lines and corners, property lines and corners, trees six (6) inches in diameter and larger, fence lines, and other visible surface features. C. Topographic Information including cross sections of the existing ground features, as needed for design. d. Horizontal and vertical location of all existing facilities within the project limits including existing paving, driveways, sidewalks, buildings, mailboxes, landscaping, etc. e. Tie existing visible franchise utilities and appurtenances, and public utilities such as water valves, fire hydrants, manholes, etc. f. Verify horizontal and vertical location of existing sanitary sewer facilities. g. Tie underground utilities if exposed. 3. Existing Underground and /or Overhead Utilities Utility owner's will be contacted, on an as- needed basis, and requested to assist in locating existing utilities identified for the PROJECT. Above ground features of existing utilities within the proposed Right -Of -Way for the limits of the PROJECT will be field located, including elevations of sanitary and storm sewer manhole flowlines and water valve stems. The location of utilities between above ground features will be determined from visual inspection, utility records, and /or from locations determined by the respective utility companies. The utilities will be tied to the PROJECT control points and depths determined in sufficient detail to identify potential conflicts with proposed construction. The excavation and other costs required to expose or probe the underground utilities will be the responsibility of others. 4. Right -Of -Way Right -Of -Way lines along the PROJECT will be located based on readily available information from field survey (i.e. existing property monumentation) and information available from Tarrant Appraisal District and Tarrant County Court House records from information available from 1973 to date. Property research does not include detailed abstracting for each individual property or subdivision. This information will be included on the PROJECT's plan sheets. EXHIBIT D ADDITIONAL ENGINEERING SERVICES FOR WINTER PARK DR. & AMUNDSON RD. WATERLINE PROJECT (Emerald Hills Way to Bridge St.) (Mid Cities Blvd. to Cardinal Ln.) I. ADDITIONAL Engineering Services, not included in the scope of work, include those services that may result from significant changes in the general scope, extent or character of the PROJECT or its design including, but not limited to, changes in size, complexity, CITY's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINEER's control. If authorized by CITY to perform any other services not included in the basic services listed above, ENGINEER may perform Optional services for additional compensation on a reimbursable hourly basis or by amendment to current contract II. ADDITIONAL Engineering Services not included in the scope of work, also include assistance to the CITY in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or service, subsurface utility engineering, or preparing to serve or serving as a consultant or witness for CITY in any litigation, arbitration or other legal proceeding involving the PROJECT. III. ADDITIONAL Engineering Services not included in the Scope of Work, also include setting of Easement/Right -Of -Way acquisition parcels. IV. ADDITIONAL Engineering services in connection with the PROJECT, including services which are to be furnished by the CITY and services not otherwise provided for in this Agreement will be at the following rates: Principal Project Manager Sr. Engineer Engineer - PE Engineer - EIT Sr. Designer Designer CADD/ Drafting Clerical $160 per hour $135 per hour $120 per hour $100 per hour $85 per hour $90 per hour $80 per hour $60 per hour $50 per hour Surveyor (RPLS) $110 per hour Robotics Survey Crew $135 per hour GPS Survey Crew (2 -man) $170 per hour GPS Survey Crew (1 -man) $130 per hour Survey Technician $85 per hour EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY FOR WINTER PARK DR. & AMUNDSON RD. WATERLINE PROJECT (Emerald Hills Way to Bridge St.) (Mid Cities Blvd. to Cardinal Ln.) The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: I. Provide any existing data the CITY has on file concerning the PROJECT, if available. II. Provide any available As -Built plans for existing streets and drainage facilities. Ill. Provide any available As -Built plans for existing water and sanitary sewer mains. IV. Provide standard details and specifications in digital format. V. Assist the ENGINEER by requiring appropriate utility companies to expose underground utilities within the Right -Of -Way, when required. VI.Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services. EXHIBIT F COMPENSATION FOR WINTER PARK DR. & AMUNDSON RD. WATERLINE PROJECT (Emerald Hills Way to Bridge St.) (Mid Cities Blvd. to Cardinal Ln.) I. COMPENSATION For and in consideration of the services to be rendered by the ENGINEER, the CITY shall pay, and the ENGINEER shall receive the compensation hereinafter set forth for the Design and Construction Phases of the work and additionally for Special Engineering Services and /or Additional Engineering Services that are in addition to the Basic Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER's home office as identified in the work authorization. "Salary Cost" (See Exhibit F -1: SALARY COSTS) used herein is defined as the cost of salaries of ENGINEER's, draftsmen, stenographers, survey men, clerks, laborers, etc. for time directly chargeable to the PROJECT plus social security contributions, unemployment, excise and payroll taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. A. Compensation for the Basic Engineering Services (Design and Construction phases) shall be a lump sum fee of $31,000. The Design phase portion of the Basic Engineering Services shall be computed at 90% of the total Basic Services Charge; and the Construction phase portion of the Basic Engineering Services shall be computed at 10% of the total Basic Engineering Services Charge. Payment for the Design phase portion of the Basic Engineering Services shall be due in monthly installments in the proportion to that part of the services in the Design phase which have been accomplished. Final payment for services authorized in the Design phase shall be due at the completion of these services. Payment for the Construction phase of the Basic Engineering Services shall be due in monthly installments in proportion to the construction work completed on the basis of the Contractor's monthly payment estimates. Upon completion of all work authorized in the Construction phase, the ENGINEER will be paid the remainder of the charge for this phase. B. Compensation for Special Engineering Services not covered by the Basic Engineering Services provided herein above shall be as follows: Design Surveys: Lump Sum Fee of $ 10,500 Direct Costs (Printing, Reproduction, Courier Service, etc.) Costs time a multiplier of 1.10 C. Compensation for Additional Engineering Services not covered by Basic Engineering Services or Special Engineering Services provided herein shall be at the following rates: Principal Project Manager Sr. Engineer Engineer - PE Engineer - EIT Sr. Designer Designer CADD/ Drafting Clerical $160 per hour $135 per hour $120 per hour $100 per hour $85 per hour $90 per hour $80 per hour $60 per hour $50 per hour Surveyor (RPLS) $110 per hour Robotics Survey Crew $135 per hour GPS Survey Crew (2 -man) $170 per hour GPS Survey Crew (1 -man) $130 per hour Survey Technician $85 per hour Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. II. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provisions of this Agreement, Section XVII: "Right to Audit ". It is also understood that the cost budgets are based upon ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT progresses, it is possible that the level of effort and /or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time it appears that the cost budget may be exceeded, the ENGINEER shall notify the CITY as soon as possible in writing. If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated cost, revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost budget. The ENGINEER shall not be obligated to perform on any change in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Services has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement. A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Service(s). III. PAYMENT Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement. Invoices are due and payable on receipt. Invoices will be prepared in a format approved by the CITY prior to submission of the first monthly invoice. Once approved, the CITY agrees not to require changes in the invoice format, but reserves the right to audit. Monthly payment of the fee will be in proportion to the percent completion of the total work (as indicated in Exhibit B: "Basic Engineering Services ", Exhibit C: "Special Engineering Services" and Exhibit D: "Additional Engineering Services "). B. Upon completion of services enumerated in Exhibit B: "Scope of Basic Engineering Services ", the final payment of any balance will be due upon receipt of the final invoice. EXHIBIT G CONFLICT OF INTEREST QUESTIONNAIRE FOR WINTER PARK DR. & AMUNDSON RD. WATERLINE PROJECT (Emerald Hills Way to Bridge St.) (Mid Cities Blvd. to Cardinal Ln.) [Conflict of Interest Questionnaire is on the following 2 pages.] CONFLICT OF INTEREST QUESTIONNAIRE FO RM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 OFFICE USE ONLY of the Local Government Code by a person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person doing business with local governmental entity. 2 Kevin Miller ❑ Check this box if you are filing an update to a previous filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. None 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. None CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? El YES ❑ NO B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local government entity? 1:1 YES El NO C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? El YES El NO D. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict of interest. None 7 11 -11 -08 Signature of person doing business with the governmental entity Date Adopted 01 /13/2006 Department: City Secretary Presented by: Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Council Meeting Date: 11 -24 -2008 Agenda No. F.0 CITY OF NORTH RICHLAND HILLS Department: Police Council Meeting Date: 11 -24 -2008 Presented by: Jimmy Perdue Agenda No. F.1 Subject: GN 2008 -113 Consider approval of Ordinance authorizing the appointment of certain persons to enforce disabled parking regulations - Ordinance No. 3033 As discussed in a previous work session the Police Department is looking for programs to provide our citizens an opportunity to assist us in maintaining the safety and security of our community. Many of our successful programs including the Volunteers in Police Service (VIPS) utilize citizen volunteers to do a variety of tasks that would otherwise require a city employee. The new North Richland Hills Citizens on Patrol will be a joint program between the North Richland Hills Police Department and volunteer citizens (an extension of our VIPS). The program is designed to educate interested individuals to problems unique to their neighborhood and the City of North Richland Hills, and to assist in developing a community patrol group. Members are taught to recognize suspicious or criminal activity and assist the police by actively patrolling their neighborhoods and reporting such activities. Their mission is strictly non - contact, observation only. North Richland Hills Citizens on Patrol members are observers /reporters only and do not become physically involved or place themselves in dangerous situations. Participants of the Citizens on Patrol program must be graduates of the North Richland Hills Citizen Police Academy and then selected to complete additional training. The classes are not to train citizens to be police officers but rather to promote an increased awareness by citizens of the presence of common criminal activity, to enhance their recognition of criminal opportunity, and to provide an understanding of when, how, and why to report these. One of the activities that has been authorized by State law is the issuance of citations for disabled parking violations. To allow Citizens on Patrol the ability to write Disabled Parking citations to violators, a City ordinance must be adopted appointing this group of trained volunteers to help enforce this widely abused statute. Strict guidelines are set forth by the State Transportation Code and this ordinance is mandated by State Law. Only those volunteers who meet both the State requirements as well as our own will be authorized to issue these citations. Recommendation: Approve Ordinance No. 3033 NRH ORDINANCE NO. 3033 AN ORDINANCE AMENDING THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND AUTHORIZING THE APPOINTMENT OF CERTAIN PERSONS TO ENFORCE DISABLED PARKING REGULATIONS AND TO ISSUE CITATIONS FOR SUCH VIOLATIONS; AND ESTABLISHING REQUIREMENTS FOR SUCH PERSONS; ESTABLISHING REGULATIONS CONCERNING USE OF DISABLED PARKING SPACES; PROVIDING PENALTIES, ESTABLISHING AN EFFECTIVE DATE AND PROVIDING FOR PUBLICATION. WHEREAS, Section 681.0101, Texas Transportation Code authorizes the appointment of certain persons other than peace officers to enforce the provisions of Chapter 681, Texas Transportation Code; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Section 54.265 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 54.265. Disabled parking (a) Defined. Disabled parking spaces are those parking spaces marked as required by Texas statutory requirements, whether on private property or public property, including streets. (b) Use. The use of any disabled parking space shall be unlawful except for those persons parking vehicles which are being operated by or for a person with disabilities which vehicles display a valid disabled parking placard issued pursuant to Chapter 681, Texas Transportation Code, a license plate displaying a valid license plate issued pursuant to Section 504.201 or 504.202, Texas Transportation Code or if there is displayed on the vehicle a license plate or placard that: (1) bears the international symbol of access; and (2) is issued by a state or by a state or province of a foreign country to the owner or operator of the vehicle for the transportation of a person with a disability. (c) Enforcement. (1) The Chief of Police is authorized to appoint persons to have authority to file a charge against a person who commits an offense under Chapter 681 of the Texas Transportation Code. (2) A person appointed under this section must: (A) be a United States citizen of good moral character who has not been convicted of a felony; (B) take and subscribe to an oath of office that he or she will faithfully perform the duties assigned; and (C) successfully complete a training program of at least four hours in length developed by the police department. (3) A person appointed under this section: (A) is not a peace officer; (B) has no authority other than the authority applicable to a citizen to enforce a law other than this chapter; and (C) may not carry a weapon while performing duties under this section. (4) A person appointed under this section is not entitled to compensation for performing duties under this section or to indemnification from the city or the state for injury or property damage the person sustains or liability the person incurs in performing duties under this section. (5) Neither the city nor the State are liable for any damage arising from an act or omission of a person appointed under Subsection (1) in performing duties under this section. (d) Application. This section and Section 681.011 of the Texas Transportation Code apply to a parking space or area for persons with disabilities on private property that is designated in compliance with the identification requirements referred to in Section 681.009(b), Texas Transportation Code (e) Offenses, penalties. Offenses are defined and penalties are provided for by Section 681.011, Texas Transportation Code. (f) Towing. Any vehicle not displaying the proper disabled license plate, tag or device may be towed from a handicapped parking space defined by subsection (a) of this section,. at the expense of the owner of such vehicle, and may be impounded until all towing and storage charges are paid." Section 2: Penalty clause. Offenses of this ordinance shall be punished as follows: Except as provided below, an offense is a misdemeanor punishable by a fine of not less than $250 or more than $500. If it is shown on the trial of an offense that the person has been previously convicted one time of an offense under this section, the offense is punishable by a fine of not less than $300 or more than $600. If it is shown on the trial of an offense that the person has been previously convicted two times of an offense under this section, the offense is punishable by: (a) a fine of not less than $300 or more than $600; and (b) not less than 10 or more than 20 hours of community service. If it is shown on the trial of an offense that the person has been previously convicted three times of an offense under this section, the offense is punishable by: (a) a fine of not less than $500 or more than $1,000; and (b) not less than 20 or more than 50 hours community service. If it is shown on the trial of an offense that the person has been previously convicted four times of an offense under this section, the offense is punishable by a fine of $1,000 and 50 hours of community service. Section 3: The City Secretary is authorized to publish the descriptive caption and penalty clauses of this Ordinance as provided by law. Section 4: Effective date. This Ordinance shall become effective on December 1, 2008. PASSED AND APPROVED on this 24th day of November, 2008. CITY OF NORTH RICHLAND HILLS M ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Assistant City Manager CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -24 -2008 Presented by: Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -24 -2008 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CITY OF NORTH RICHLAND HILLS Department: Legal Council Meeting Date: 11/24/2008 Presented by: George Staples Agenda No. G.1 Subject: Executive Session Item B.1: City of Mesquite v PGK Contracting Inc. — Consider Joining in an Amicus Brief with other Cities in Support of the Position of Mesquite Attached please find a copy of the court of appeals opinion in City of Mesquite v. PGK Contracting. Mesquite's attorney has requested that other cities and TML file amicus briefs in support of their position that cities cannot be sued for breach of an implied duty under recent amendments to the Local Government Code which establish jurisdiction for suits against cities for breach of certain contracts for goods and services. This is an issue in which we have an interest, as the court expanded the jurisdiction issue beyond the actual terms of the contract to impute an implied duty to timely move power lines to accommodate the contractor's work. It is not in our interest to have to defend against claims that extend beyond the actual terms of written contracts. While we can lend our name to the effort by having the council simply authorize the city to join in an amicus brief in support of the position of the City of Mesquite, some other cities have authorized the payment of funds to pay for a portion of the cost of such a brief. Haltom City has authorized $500.00. Recommendation: We recommend that the City of North Richland Hills join in an amicus brief with other cities in support of the position of the City of Mesquite in this matter. An appropriate motion would be: " I move that the City of North Richland Hills join with other cities in an amicus brief in support of the position of the City of Mesquite in its appeal of City of Mesquite v PGK Contracting Inc. (and that the City of North Richland Hills pay $ toward the cost of such brief.)" W( sttaw 263 S.W.3d 444 263 S.W.3d 444 Court of Appeals of Texas,Dallas. The CITY OF MESQUITE, Appellant V. PKG CONTRACTING, INC., Appellee. No. 05- 07- 00627 -CV. July 9, 2008. Rehearing Overruled Oct. 2, 2008. Background: Contractor sued city for breach of contract when city allegedly failed to remove power lines, delaying work and costing extra time and money. City filed a plea to the jurisdiction based on governmental immunity from suit. The I92nd Judi- cial District Court, Dallas County, Craig Smith, J., overruled plea. City filed interlocutory appeal. The Dallas Court of Appeals, Mazzant, J., 148 S.W.3d 209, vacated and rendered judgment. Review was granted. The Supreme Court, 197 S.W.3d 388, re- versed and remanded. On remand, city filed a plea to the jurisdiction arguing it was immune from suit. The 192nd Judicial District Court, Dallas County, Craig Smith, J., 2007 WL 5090689, denied plea. City filed interlocutory appeal. Holding: The Court of Appeals, Moseley, J., held that city waived immunity from suit by contractor on breach of contract claims when it entered into properly executed contract for goods or services to city. Affirmed. West Headnotes [1] Pleading 302 X104(1) 302 Pleading 302111 Responses or Responsive Pleadings in General 302111(13) Dilatory Pleas and Matter in Abatement 302k 104 Plea to the Jurisdiction Page 2 of 6 Page 1 302 k 104(1) k. In General. Most Cited Cases A plea to the jurisdiction is a dilatory plea, the pur- pose of which is to defeat a cause of action without regard to whether the claims have merit. [2] Appeal and Error 30 X893(1) 30 Appeal and Error 30XVI Review 30XVI(F) Trial De Novo 30k892 Trial De Novo 30k893 Cases Triable in Appellate Court 30k893(l) k. In General. Most Cited Cases Courts 106=39 106 Courts 1061 Nature, Extent, and Exercise of Jurisdiction in General 10609 k. Determination of Questions of Jur- isdiction in General. Most Cited Cases The existence of subject matter jurisdiction is a question of law; thus, an appellate court reviews de novo the trial court's ruling on a plea to the jurisdic- tion. [3] Municipal Corporations 268 X723.5 268 Municipal Corporations 268XII Torts 268XII(A) Exercise of Governmental and Corporate Powers in General 268k723.5 k. Constitutional and Statutory Provisions. Most Cited Cases Amendments to local government code waiving im- munity and limiting damages are retroactive to the extent that sovereign immunity was not waived be- fore the effective date of the amendments. V.T.C.A., Local Government Code § 271.152. [4] Municipal Corporations 268 X254 m 2008 Thomson Reuters /West. No Claim to Orig. US Gov. Works. http://web2.westl aw.com/printlprintstream.aspx ?utid = %7b45 CD6650 -A3 6B -4A 1 A- BF9A -... 11/5/2008 263 S.W.3d 444 263 S. W.3 d 444 268 Municipal Corporations 268VII Contracts in General 268k254 k. Rights and Remedies of Con- tractor and Sureties. Most Cited Cases City waived immunity from suit by contractor on breach of contract claims when it entered into prop- erly executed contract for goods or services to city, even if contractor failed to comply with notice pro- visions of contract for delay and extra work, and even though damages were limited by statute; con- tract fell squarely within the statutory requirements for a waiver of city's immunity to suit, and waiver applied to any claims for breach of contract falling within provisions of statute, including claim based on implied duties. V.T.C.A., Local Government Code §§ 271..151(2), 271.154. [51 Municipal Corporations 268 0254 268 Municipal Corporations 268 VII Contracts in General 268k254 k. Rights and Remedies of Con- tractor and Sureties. Most Cited Cases The waiver of immunity under statute governing adjudication of claims arising under written con- tracts with local governmental entities applies to any claims for breach of a contract falling within the terms of the statute. V.T.C.A., Local Govern- ment Code § 271.151 et seq. j6] Municipal Corporations 268 C;=254 268 Municipal Corporations 268VII Contracts in General 268k254 k. Rights and Remedies of Con- tractor and Sureties. Most Cited Cases Once a trial court determines whether a contract falls within the provisions of statute waiving local government immunity in certain circumstances, it need not parse further the pleadings or the contract to determine whether the legislature has waived im- munity for breach of contract claims. V.T.C.A., Local Government Code § 271.152. [71 Appeal and Error 30 °. 863 Page 3 of 6 Page 2 30 Appeal and Error 30XV1 Review 30XVI(A) Scope, Standards, and Extent, in General 30k862 Extent' of Review Dependent on Nature of Decision Appealed from 30k863 k. In General. Most Cited Cases City's argument that contractor's parol evidence should not be considered in contractor`s suit against city for breach of contract, because the contract contained an integration clause, went to merits of case and would not be considered on appeal from decision, on plea to the jurisdiction, that city waived immunity. *445 W. Andrew Messer, Messer, Campbell & Brady, LLP, Natalie Brooks Banuelos, Frisco, for Appellant. Bradford W. Irelan, Irelan & Hargis, P.L.L.C., E. John Gorman, Houston, for Appellee. Before Justices MORRIS, WRIGHT, and MOSE- LEY. OPxIVION Opinion by Justice MOSELEY. In this breach of contract case, the City of Mes- quite appeals the denial of its plea to the jurisdic- tion. Because the legislature has clearly and unam- biguously waived the City's immunity from suit for the claims asserted against it in this case, we affirm the trial court's order. BACKGROUND In October 1999, PKG contracted with the City to construct a storm drainage system. During the course of performance, disputes arose over which party was responsible for moving certain utilities from the construction right -of -way. PIZG completed performance of the contract in July 2001, about eight months after the originally scheduled comple- Q 2008 Thomson Reuters /West. No Claim to Orig. US Gov. Works. http:l/ web2. westlaw .com/printlprintstream.aspx ?utid= %7b45CD6650- A36B -4A] A- BF9A -... 11/5/2008 263 S. W.3 d 444 263 S.W.3d 444 tion date. PKG sued the City. It claimed the City represented that utility lines would be removed before PKG began work, and the City failed to move the utility lines as it was required to do under the contract. As a result, PKG had to work on the project piecemeal, rather than in the linear fashion for which PKG had planned and budgeted. Additionally, PKG alleged that because the City did not move the utility lines, PKG was limited in the machinery and manpower it could deploy on the project, resulting in delays. PKG also claimed the contract *446 required the City to pay for extra excavation. PKG sought to re- cover damages resulting from overruns, delay, and increased costs to perform. The City filed a plea to the jurisdiction based on governmental immunity from suit, which the trial court overruled. On appeal, this Court reversed and dismissed the case, concluding the City's immunity for PKG's tort claims was not waived, and its im- munity for PKG's contract claims was not waived by section 51.075 of the local government code or by a provision in the City's charter authorizing it to "sue and be sued; ... contract and be contracted with; implead and be impleaded in all courts." r•NI See City of Mesquite ik PKG Contracting, Inc., 148 S.W.3d 209 (Tex.App.- Dallas 2004). The su- preme court agreed with our decision. PKG Con- tracting, htc. a City of Mesquite, 197 S.W.3d 388 (Tex.2006). However, it also observed: FN 1. MESQUITE, TEX., CITY CHARTER art. III, § 1. While this case has been pending on appeal, the Legislature has enacted sections 271.151 -.160 of the Local Government Code, which waive im- munity from suit for certain claims against local governmental entities, including municipalities.... PKG should have the opportunity to argue in the trial court that the City's immunity from suit is waived by these provisions. Id. at 389. Thus, the supreme court reversed this Court's judgment and remanded the case to Page 4 of 6 Page 3 the trial court for further proceedings. Id. After remand, the City filed a plea to the jurisdic- tion arguing it was immune from suit on PKG's breach of contract claims. PKG argued the City's immunity from suit on breach of contract claims was waived by the local government code. The trial court denied the City's plea and the City filed this interlocutory appeal. TEX. CIV. PRAC. & REM.CODE ANN. § 51.014(a)(8) (Vernon Supp.2007). STANDARD OF REVIEW [1][2] A plea to the jurisdiction is a dilatory plea, the purpose of which is to defeat a cause of action without regard to whether the claims have merit. Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 554 (Tex.2000). The existence of subject matter jurisdiction is a question of law; thus, we review de novo the trial court's ruling on a plea to the jurisdic- tion. Ter. Dep'1 of Pucks & ffildlife a Aliranda, 133 S.W.3d 217,226 (Tex.2004). APPLICABLE LAW "[A] statute shall not be construed as a waiver of sovereign immunity unless the waiver is effected by clear and unambiguous language." TEX. GOVT CODE ANN. § 311.034 (Vernon Supp.2007). The supreme court has found that subchapter I of chapter 271 of the local government code (sections 271.151 -.160) waives "immunity from suit for con- tract claims against most local governmental entit- ies in certain circumstances." Tooke a Cite cy kfc-xia, 197 S.W.3d 325, 344 -45 (Tex.2006); see a1soTEX. LOC. GOVT CODE- ANN". §§ 271.151- .160 (Vernon 2005). The statutory provision at is- sue here is section 271.152 of die local government code, which provides: A local governmental entity that is authorized by statute or the constitution to enter into a contract and that enters into a contract subject to this subchapter waives sovereign immunity to suit for O 2008 Thomson Reuters /West. No Claim to Orig. US Gov. Works. http://web2.westlaw.conV print /printstream.aspx ?utid= %7b45CD6650- A36B -4A 1 A- Br9A -... 11/5/2008 263 S. W.3 d 444 263 S. W.3d 444 the purpose of adjudicating a claim for breach of the contract, subject to the terms and conditions of this subchapter. TEX. LOCAL GOVT CODE ANN. § 271.152 (emphasis added). *447 [3] For purposes of section 251.152, a "local governmental entity" includes a municipality such as the City. See id.§ 271.151(3)(a). A "contract sub- ject to this subchapter" is a "written contract stating the essential terms of the agreement for providing goods or services to the local governmental entity that is properly executed on behalf of the local gov- ernmental entity." Id. § 271..151(2). For breach of contract claims falling within the waiver of im- munity, subchapter I provides: (1) for certain limit- ations and exclusions on damage awards; and (2) that adjudication procedures - including notice re- quirements that are stated in the contract or estab- lished by the local government and incorporated in- to the contract -are enforceable except to the extent they conflict with the terms of the subchapter. See Id §§ 271.153, 271.154. The amendments waiving immunity and limiting damages are retroactive to the extent that sovereign immunity was not waived before the effective date of the amendments. See Tooke, 197 S.W.3d at 344 -45YN' FN2. Tooke stated: The provisions waiving immunity and limiting damages "apply to a claim that arises under a contract executed before the effective date of this Act only if sov- ereign immunity has not been waived with respect to the claim before the ef- fective date of this Act," which was September 1, 2005. If immunity was waived for a claim that arose before that date, HB 2039 has no effect. A govern- mental entity cannot complain of a retro- active waiver of immunity, since all gov- ernmental immunity derives from the State, and a governmental entity acquires no vested rights against the State. In- Page 5 of 6 Page 4 deed, legislative retroactive consent to sue is provided for by statute. Because we have held that the City was immune from suit on the Tookes' claim that arose before the effective date of HB 2039, its immunity is waived only to the extent provided by that statute. Id (footnotes omitted) (quoting Act of May 23, 2005, 79th Leg., R.S., ch. 604, § 2, 2005 Tex. Gen. Laws 1549 (codified at TEX LOC. GOVT CODE §§ 271.151- .160)). Both the supreme court and this Court concluded the City was immune from suit on PKG's claims that arose be- fore the effective date of the statutory amendment. Thus, the City's immunity is waived only to the extent provided by that statute. ANALYSIS [4] The parties do not dispute, and the record sup- ports, the following conclusions: the City is a "local government entity" under the statute; it properly executed a written contract with PKG for providing goods or services to the City; the contract states the "essential terms of the agreement" between the City and PKG; and PKG is seeking to adjudicate claim for breach of the contract. Therefore, the contract at issue is a "contract subject to this subchapter" un- der section 271.151(2), and the City, by entering in- to the contract has waived its governmental im- munity to suit. See Id § 271.152. [5][6] The City argues that governmental immunity is waived only for claims of breach of the essential, written terms of an agreement, not for implied du- ties. However, the waiver of immunity under sec- tions 271.151 -.160 applies to any claims for breach of a contract falling within the terms of the statute. SeeTEX. LOCAL GOVT CODE ANN. §§ 271.151(2), .152. Once the trial court determines whether the contract falls within the provisions of section 271.152, it need not parse further the plead- ings or the contract to determine whether the legis- © 2008 Thomson Reuters /West. No Claim to Orig. US Gov. Works. http: / /web2.westlaw.coin/ print /printstream.aspx ?utid= %7b45CD6650- A36B -4A 1 A- BF9A -... 11/5/2008 263 S.W.3d 444 263 S.W.3d 444 lature has waived immunity for breach of contract claims. The City makes several other arguments. It asserts there is no waiver of immunity because PKG failed to comply with notice provisions in the contract for delay and extra work performed. Section 271.154 provides that if the parties agree to a particular pro- cedure for adjudication *448 of claims on the con- tract, that procedure will be enforced "except to the extent those procedures conflict with the terms" of sections 271.151 -.160. TEX. LOCAL GOVT CODE ANN. § 271.154. However, failure to give a contractual notice or to follow a contract procedure does not mean the suit is not for the purpose of ad- judicating a claim for breach of a contract as defined by section 271. l 51(2). Id .§ 271.151(2). Whether PKG complied with the notice provisions of the contract may be an affmnative defense to the merits of the suit, but it would not deprive the trial court of subject matter jurisdiction. The City also argues that its governmental im- munity is not waived because the damages claimed by PKG do not fall within the categories of dam- ages allowed under the statute. However, statutory limitations on PKG's recoverable damages do not deprive the trial court of subject matter jurisdiction to adjudicate PKG's breach of contract claims. SeeTEX. LOC. GOVT CODE ANN. § 271.152. We cannot say on this record that PKG's claim for damages is solely for damages excluded by the stat- ute. See Tooke, I97 S.W.3d at 345-46 (concluding Tooke's claim was only for lost profits, which are consequential damages excluded from recovery un- der the statute).r-N3 The trial court is in the best position following further proceedings to determine whether PKG is able to recover some, all, or none of the damages and remedies it claims. FN3. Tooke was an appeal from a judg- ment rendered following a jury trial and jury verdict in favor of the Tookes. Tooke, 197 S.W.3d at 330. The case before us is an interlocutory appeal of an order denying a plea to the jurisdiction on a limited re- Page 6 of 6 Page 5 cord; thus the nature and extent of dam- ages that may be proved have yet to be de- termined and must await further develop- ment. See Bland hidep. Sch. Dist., 34 S.W.3d at 554. [7] Finally, the City argues that PKG's parol evid- ence should not be considered because the contract contains an integration clause. Again, this argument goes to the merits of PKG's claims, not the trial court's jurisdiction to adjudicate those claims. As we have noted above, our only concern on appeal is whether the City's immunity from suit has been waived under the local government code. We do not address the merits of the claim for breach. See Bland Indep. Sch. Dist., 34 S.W.3d at 554. We conclude the contract between the City and PKG falls squarely within the requirements for a waiver of immunity to suit in section 271.152. Hav- ing found nothing in the record that takes this case outside the provisions of local government code sections 271.151 -.160, we conclude that the legis- lature intended to waive the City's governmental immunity to suit when it entered into a properly ex- ecuted written contract for goods or services to the City. We overrule the City's issues. We affirm the trial court's order. Tex.App. -Dal las,2008. City of Mesquite v. PKG Contracting, Inc. 263 S.W.3d 444 END OF DOCUMENT 4 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http: / /web2.westlaw.coml print /printstrean-i.aspx ?utid= %7b45CD6650- A36B -4A 1 A- BF9A -... 11/5/2008 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -24 -2008 IPresented by: Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -24 -2008 Presented by: Councilman John H. Lewis Agenda No. H.1 Subject: Announcements - Councilman Lewis Announcements City Hall and other non - emergency offices will be closed on Thursday and Friday, November 27 and 28 for the Thanksgiving holiday. Duncan Disposal will not provide garbage and recycling collections on Thanksgiving Day. Thursday's collections will be made on Friday and Friday's collections will shift to Saturday. The City of North Richland Hills is collecting donations of nonperishable food and new, unwrapped toys to help needy families during the holiday season. Donations are being accepted at City Hall and other City facilities through December 5th. Join us for the 9t" annual Night of Holiday Magic from 4 p.m. to 8 p.m. on Saturday, December 6t". This year's event is moving to a new location at NRH2O Family Water Park. Activities will include photos with Santa, a snow tubing hill, the Christmas Tree lighting and firework show, children's activities, holiday music and more. Admission is free. Please bring a new, unwrapped toy for the Santa Cops toy drive and canned foods for the Community Enrichment Center. For more details, call 817 - 427 -6600 or visit nrhtx.com. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Officer Gwen Kasterke, Police Department - A letter was received commending Officer Kasterke's presence at a middle school campus. It stated that Officer Kasterke has assisted with many tasks over the past two years. She is patient with young people, has a superior dedication to duty and has the ability to solve problems. Officer Kasterke is proactive in preventing problems and steadfast in making sure every investigation is fully completed. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -24 -2008 Presented by: Agenda No. H.2 Subject: Adjournment