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Home My WebLink AboutCC 2009-05-18 AgendasCITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE - COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, May 18, 2009 6:00 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2009 -039 Update on Goal Implementation Plan (15 Minutes) A.3 IR 2009 -038 Update on State Legislation (10 Minutes) A.4 IR 2009 -049 Housing Survey Results (5 minutes) A.5 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on May 15, 2009 at . ,.... { Msis1ant City Secretary a* This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. NRH City Council Agenda — May 18, 2009 Page 1 of 4 to CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, May 18, 2009 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: • Library on the Friday prior to the meeting (available electronically) • City Hall on the day of the meeting (hard copy available) Additionally, the agenda packet is available for download from the City's web site at wvwv.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Whitson A.2 Pledge - Councilman Whitson A.3 GN 2009 -030 Oath of Office A.4 Special Presentation(s) and Recognition(s) - Recognition of Yard of the Month Awards presented by Councilman Barth A.5 Special Presentation(s) and Recognition(s) - Proclamation Recognizing John Pitstick as Recipient of the 2009 Community Builder Award for Smithfield Masonic. Lodge #455 presented by Councilman Sapp A.6 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.7 Removal of Item(s) from Consent Agenda NRH City Council Agenda — May 18, 2009 Page 2 of 4 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 May 11, 2009 City Council Meeting B.2 PW 2009 -014 Approve an Interlocal Agreement with Tarrant County for the Maintenance of North Tarrant Parkway (1800 feet west of Davis Boulevard to 2900 feet west of Smithfield Road) B.3 PU 2009 -021 Award Bid # 09 -022 for Aquatic Chemicals to FSTI Inc. in an Amount Not To Exceed $62,150 and Valley Solvents &Chemicals in an Amount Not to Exceed $3,780 C.0 PUBLIC HEARINGS C.1 TR 2009 -01 Public Hearing and Consideration of amendments to the North Richland Hills Zoning Ordinance. Amendments include: 1) Adding a new Subsection (g) "Prohibited fencing material" to Section 118 -873, 2) Amending Subsection (a) "Roof - mounted mechanical equipment" in Section 118 -877, and 3) Amending table in Section 118 -394 "Lot and area requirements" in the 0-1 Office District - Ordinance No.3052 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 2009 -015 Approve a Professional Service Agreement with the RJN Group, Inc. for the Sanitary Sewer Assessment Project for an amount not to exceed $280,000. E.2 PW 2009 -016 Approve Interlocal Agreement with the Cities of North Richland Hills, Fort Worth, Richland Hills and Haltom City for the Design and Construction of the Big Fossil Creek Wastewater Outfall System Improvements and the temporary Maintenance of the existing Wastewater Outfall System F.0 GENERAL ITEMS F.1 GN 2009 -031 Election of Mayor Pro Tem NRH City Council Agenda — May 18, 2009 Page 3 of 4 F.2 GN 2009 -032 Rescinding Resolution 2009 -015 and Approving Participation in a Local Government Corporation for High Speed Rail - Resolution No. 2009 -017 F.3 GN 2009 -033 Authorize the cancellation of PO # 078785 to Gulf Coast American LaFrance F.4 GN 2009 -034 Amend existing contract with Redflex Traffic Systems to allow for a 90 termination clause F.5 GN 2009 -035 Extension of Contract with Redflex Traffic Systems, Inc. G.0 EXECUTIVE SESSION ITEMS No items for this category. H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Welch H.2 Adjournment All items on the agenda are for discussion and /or action. C:Artifir_ntinn I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on May 15, 2009 at�+� w Syr / 4 As istant City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. NRH City Council Agenda — May 18, 2009 Page 4 of 4 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre-Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, May 18, 2009 6:00 P.M. A.1 -Discuss Items from Regular Cit y Council Meetin A.2 IR 2009-039 Update on Goal Implementation Plan (15 Min A.3 IR 2009-038 Update on State Legislation (10 Minutes} A.4 IR 2009-049 Housing Survey --- Results (5 minutes} A.5 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -18 -2009 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. I R 2009 -039 �. jAl. - Date: May 18, 2009 Subject: Update on Goal Implementation Plan This is the first progress report on City Council Goals since City Council adopted the new Strategic Plan last month and attended the Goals Work Session in January. The new Strategic Plan maintained the eight Goals from the past Strategic Plan, however, some objectives of those goals were added, deleted or modified. The Council's eight goals continue to include: • Quality Community Development and Revitalization • Efficient and Effective Transportation System • Safety and Security • Financial Stability • Positive City Image • A Sense of Community • Targeted Economic Development • Local and Regional Leadership Action items were created following the Goals Work Session to quantify progress towards meeting Council Goals and Objectives. The current Strategic Plan adopted 193 action items. Each action item is identified as continuing, complete, in progress or not started. Continuing action items are items that have no beginning or end but need constant attention. Most of the action items that have not been started are action items that were initially identified in January. Of those 193 action items: • 111 items are continuing. Important action items that are continuing include: Continue to focus the Preventative Street Maintenance Program on concentrated areas of deteriorated streets in the City's neighborhoods; Continue proactive approach to the Crime Free Multi Housing program recruitment; and, Continue BIG program • 5 items are complete. Important action items completed include: Develop multi - department task force to address issues that arise in aging neighborhoods ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � • 50 items are in progress. Important action items in progress include: Complete the TOD Code and apply for Sustainable Development grants from NCTCOG; Expand TIF #1; Develop multiyear Neighborhood Revitalization Plan with initial pilot project in specific neighborhood area south of Loop 820; Initiate Rental Housing Inspection Program for single family homes; Seek upgrade of credit rating with Moody's Investors; Evaluate new electronic and internet based communications tools and implement those found to be practical and effective for the City; Design and construct the Recreation Center; and, Decide future of the Food Lion • 27 items are not started. Important action items not started include: Hold community meetings for residents in targeted areas of neighborhood revitalization; Develop a comprehensive strategy for foreclosed homes; and, Bury utilities along the North Richland Hills' side of Blvd. 26 Action items are separated by goal and objective so Staff can better track progression to those goals and objectives. For example, several action items were listed under the Revitalize Residential Neighborhoods objective of Quality Community Development Goal. These action items are in different phases of completion and staff feels once they are all complete, the City has been successful in implementing a program to revitalize its older residential neighborhoods. The action items under Revitalize Residential Neighborhoods include: • Continue funding sidewalk replacement/construction program- Continuing • Implement the Fossil Creek Area Revitalization Project-in Progress • Continue to focus the Preventive Street Maintenance Program on concentrated areas of deteriorated streets in the City's neighborhoods- Continuing • Continue aesthetic enhancements to the City's ground and elevated water storage tanks - Continuing • Implement a fire hydrant painting program to enhance the appearance of the City's fire hydrants. - Continuing • Develop multiyear Neighborhood Revitalization Plan with initial pilot project in a specific neighborhood area south of Loop 820 -In Progress • Identify landscaping and intersection improvements at Rufe Snow Drive and Glenview Drive -In Progress • Develop multi - departmental task force to address issues that arise in aging neighborhoods - Completed • Continue Neighborhood Improvement Program- Continuing • Continue to seek CDBG funding- Continuing • Develop a comprehensive strategy for foreclosed homes -Not Started A complete list of goals, objectives and status of action items is included on the following pages. All the action items in the report are divided under goals and objectives. Respectfully Submitted, Elizabeth Reining Assistant to the City Manager Council Goals Implementation Plan Goal #1: Quality Community Development and Revitalization 5/14/2009 Short Term Action Item Status Est. Start Est. Completion Progress Complete build out strategy Place landscaping at some intersections along In Progress Design Unknown - Landscape plans have been completed & are Davis Blvd already Dependent on awaiting possible funding from TXDOT completed funding from TXDOT Complete the TOD Code and apply for In Progress Fall 2008 Fall 2009 Proceeding with public hearing process Sustainable Development grants from NCTCOG Update Comprehensive Plan to reflect changes In Progress 2007 2010 Continuing to update Comp Plan as changes in Loop 820, Iron Horse/ Smithfield TODs and are identified on Iron Horse and Smithfield Home Town plans TODs, Loop 820 changes completed in 2007 Provide redevelopment incentives/ opportunities Continuing Key commercial owners, brokers and for potential owners or developers developers are aware of City incentives Redevelop Home Town Core Area Plan Not Started Begin once 2010 Ongoing negotiations with developer and land negotions owners Expediate redevelopment of Calloway Creek Retail Area Provide redevelopment incentives/ opportunities Continuing for potential owners or developers of old North Hills Mall Maintain the Calloway Creek Channel area to Continuing create an aesthetically pleasing look complete Page 1 of 29 Preliminary site plan has been developed, City incentives provided, need to determine private funding Negotiations in progress to place bridge across creek Council Goals Implementation Plan 5/14/2009 Goal #1: Quality Community Development and Revitalization Short Term Action Item Status Est. Start Est. Completion Progress Implement Loop 820 study objectives Continue to purchase property to prepare for In Progress 2007 2010 Of the 11 homes designated for purchase, 7 impacts Loop 820 widening will have on City homes have been purchased (4 are leased, 1 is Hall _ available for lease, 1 is being prepared for lease, 1 was torn down due to disrepair), purchase negotiations are active for another home Update traffic control devices such as signs and Not Started Sep. 2009 2010 Will be done in conjunction with construction pavement markings on public streets along the Loop 820 corridor prior to and during construction Develop secondary access and routing plan for In Progress Sep. 2009 2010 Waiting to implement when construction begins Loop 820 during construction period Get concurrance on Loop 820 Corridor Access In Progress 2005 2010 TxDOT has the City's Plan. We will continue to Plan from TxDOT corrdiate with TxDOT and their "design- build" contractor Coordinate with TxDOT regarding Iron Horse In Progress 2005 2010 TxDOT will allow City representatives to be on Boulevard bridge and Holiday Lane underpass the committee that meets with the "design- build" designs contractor to develop designs Develop landscape, planter box and retaining In Progress 2005 2010 TxDOT will allow City representatives to be on wall regulations for Loop 820 frontage the committee that meets with the design -build If properties contractor to develop designs Design for realignment of Maplewood with Loop In Progress 2005 2010 Upon TxDOT's approval of the Loop 820 layout, 820 widening the realignment of Maplewood will be coordinated with the City's Facility Master Plan Page 2 of 29 Council Goals Implementation Plan 5/14/2009 Goal #1: Quality Community Development and Revitalization Short Term Action Item Status Est. Start Est. Completion Progress Implement Blvd 26 Study Complete intersection improvements along Blvd In Progress 2007 2010 Waiting for TXDOT approval on design 26 Examine future funding sources for Blvd 26 In Progress 2007 2010 413 economic development sales tax is available public improvements for Blvd 26 projects. $2.5 million in the General Fund has been set aside for the mall property development. After the TIF 1 expansion is completed, $3.5 million will be issued for expansion projects Expand TIF #1 In Progress 2008 2010 The TIF 1 Board and City Council approved expansion in Nov. 2008; waiting on participation agreements from TCCD and TCHD to complete the process; C.O.s in the amount of $3.5 million will then be issued Bury utilities along the North Richland Hills' side Not Started 2010 2011 Engineering and design will begin following of Blvd. 26 formal acceptance of TIF #1 expansion by all taxing entities Develop streetscape design regulations for Not Started 2010 2010 Waiting TXDOT approvals for landscape design private properties along Blvd. 26 Corridor Develop "bench marking" program for monitoring Not Started Sep. 2009 Feb. 2010 Benchmarks will need to be determined, must revitalization efforts decide if qualitative measures used along with quantitative ones Introduce and seek passage of legislation to In Progress Nov. 2008 Jun. 2009 City submitted the resolution to TML, it was allow multiple cities to participate in a joint TIF accepted in its package, Rep. Hancock along contiguous redevelopment corridors introduced HB 3222 and Sen. West introduced its companion bill SB 1947 in March 2009, both were referred to committees Page 3 of 29 Council Goals Implementation Plan 5/14/2009 Goal #1: Quality Community Development and Revitalization Short Term Action Item Status Est. Start Est. Completion Progress Implement Blvd 26 Study Continue branding efforts for Blvd. 26 In Progress May. 2006 FY 2011 Intersection improvements and utility burial are next step Revitalize residential neighborhoods Continue funding the sidewalk Continuing 2009 Program 50% complete replacement/construction program Implement the Fossil Creek Area Revitalization In Progress 2009 FY 2011 Design in progress Project Continue to focus the Preventative Street Continuing Focused 2009 program in two neighborhoods, Maintenance Program on concentrated areas of plan to continue as part of new Neighborhood deteriorated streets in the City's neighborhoods Revitalization Program Continue aesthetic enhancements to the City's Continuing Improvements scheduled through 2010 ground and elevated water storage tanks Implement a fire hydrant painting program to Continuing 175 Painted Annually enhance the appearance of the City's fire hydrants Develop multiyear Neighborhood Revitalization In Progress Jan. 2009 2014 Staff has developed possible projects for pilot Plan with initial pilot project in specific program neighborhood area south of Loop 820 Identify landscaping and intersection In Progress 2008 2009 Formal landscape design will be presented to improvements at Rufe Snow and Glenview City Council following TXDOT approval Drives Page 4 of 29 Council Goals Implementation Plan Goal #1: Quality Community Development and Revitalization Short Term Action Item Status Est. Start Est. Completion Progress Revitalize residential neighborhoods Develop multi- department task force to address Completed Jan. 2009 Apr. 2009 Developed 2009 -2010 action plan issues that arise in aging neighborhoods 5/14/2009 Continue Neighborhood Improvement Program Continuing Projects continuing, staff has begun looking at expanding program Continue to seek CDBG funding Continuing City let the 33rd and 34th Year Street Rehabilitation Projects in March, the 35th Year Application was submitted in January, City is investigating a way to speed up the completion of home rehabilitation projects Develop a comprehensive strategy for Not Started Jul. 2009 Sep. 2009 Will be part of the Neighborhood Revitalization foreclosed homes Program Complete rail station land use development plan Acquire land for proposed rail stations In Progress Adopt TOD plans and rezone properties around In Progress Iron Horse and Smithfield station areas Purchase plan will be developed after TODs receive final approval 2008 Jul. 2009 Moving forward with public hearings for adoption in July, 2009 Page 5 of 29 Council Goals Implementation Plan Goal #1: Quality Community Development and Revitalization Short Term Action Item Status Est. Start Est. Completion Progress Ensure compliance with quality housing standards Utilize the Substandard Building Board in Continuing Code Compliance continues to focus on both addressing /eliminating substandard structures substandard principal & accessory structures within the City 5/14/2009 Review city owned rental properties to insure In Progress 2009 2011 Coordinate Facility Services, Code Enforcement each residence is in compliance & Planning & Inspections; evaluate properties to insure all standards are met Initiate Rental Housing Inspection Program for In Progress 2008 Jul. 2009 Ongoing development of specific Rental single family homes Housing Program going to City Council in July 2009 Complete Housing Survey Completed Sept. 2008 Jan. 2009 Present to City Council in May 2009 Develop immediate plans to address In Progress Jan. 2009 2011 Substandard housing being addressed in NIP, substandard housing issues new rental ordinance and neighborhood revitalization program Page 6 of 29 Council Goals Implementation Plan Goal #2: Efficient and Effective Transportation System 5/14/2009 Short Term Action Item Status Est. Start Est. Completion Progress Maintain leadership role on regional transportation issues Continue to be active in RTC, TRTC, STTC, I- Continuing Working with all groups to bring rail to North 35 Coalition and TEX -21 Texas Continue to address congestion and street conditions as it relates to local traffic flow Continue to keep traffic timing optimized as traffic Continuing 13 intresections are completed, 3 more are volumes and patterns change scheduled Continue to maintain and replace pavement Continuing 0% for FY 2009 markings Continue with the video detection installation Continuing 5 % for FY 2009 program as funding allows Monitor key CIP projects such as NTP and Rufe Continuing Newsletters are sent out regularly and public Snow and progress towards construction meetings are scheduled as needed Continue to identify intersections where a Continuing Staff is reviewing key intresections, 25% complete minimum amount of improvement (and cost) could make a significant difference Continue to fund the preventative street Continuing Concentrated program in specific neighborhoods maintenance program at current level and to show greater impact expand when possible Update Master Thoroughfare Plan to reflect Not Started Fall 2009 Spring 2010 Upon approval of TODs the Plan will be updated changes in Home Town, Loop 820 and TODs Conduct a traffic analysis of the area surrounding Not Started 2010 2011 Scheduled to begin 2010 the post office located on Davis Blvd. Page 7 of 29 Council Goals Implementation Plan Goal #2: Efficient and Effective Transportation System 5/14/2009 Short Term Action Item Status Est. Start Est. Completion Progress Ensure future local rail stations Work closely with NCTCOG & all committees incl. Continuing Lobbying state legislature to secure funding for Rail North Texas & SWNE rail Consider agreement with "T" to support land banking properties for rail station and parking around Iron Horse and Smithfield stations Continue to look for and support other revenue sources to support regional rail in NRH through lobbying efforts Not Started 2010 In Progress Coordinate Loop 820 expansion with multi -modal transportation needs Secure plan for extension of Cottonbelt trail over In Progress 2008 the Iron Horse bridge at Loop 820 Coordinate with "T" & TxDOT for double tracking rail line over Loop 820 Work with Richland Hills Church of Christ to secure a park and ride lot In Progress 2008 In Progress 2008 Page 8 of 29 2011 Initial discussion underway with the "T" Supporting SIB 855 & HB 9, both allowing county wide elections to pay for rail 2011 Hope for it to be included in 820 expansion 2011 As presently designed in 820 expansion, the T's rail will be double tracked 2013 Met with Church to discuss plans Council Goals Implementation Plan Goal #3: Safety and Security 5/14/2009 Short Term Action Item Status Est. Start Est. Completion Progress Maintain low response time Conduct periodic exercises to reduce turnout Continuing Drills been conducted with all crews, time decrease in time at fire stations last quarter Maintain policy of rapid dispatch of priority one Completed 2008 2009 Reassigned PSO's to the field to handle non - calls, in conjunction with maintaining officer emergency calls availability by distributing lower priority calls to civillian personnel Continue to monitor all phases of response times Continuing Decrease in response times during 2008 and improve them where possible Continue to develop pre -fire plans and Continuing 60% all buildings now have pre -fire plans, monthly inspections of businesses in the City inspection lists distributed for April Maintain low crime rate Implement enhance multi - department strategy Continuing Extended beat management philosophy to improve for beat management program relations with other city departments Continue to provide and maintain state of the art Continuing Added three dispatcher positions during FY 08 -09; public safety communications working on joint communication center with surrounding agencies Review the permiter of all city facilities regarding In Progress 2007 2009 Inspect all City facilities to insure roof hatches, doors doors, windows and obscure hiding places and windows are capable of being secured; evaluate landscape and security lighting at each facility to insure hiding places do not exist Page 9 of 29 Council Goals Implementation Plan 5/14/2009 Goal #3: Safety and Security Short Term Action Item Status Est. Start Est. Completion Progress Provide effective and efficient police, fire and EMS Provide quarterly live fire training for all operating Continuing Night drills were conducted for all personnel fire fighters Complete purchase of new fire engine with CAFS on board Maintain adequate water pressure throughout the City for fire protection Inspect and maintain valves and fire hydrants to ensure operation for fire protection Utilize crime mapping to assist in developing response and prevention strategies Participate in grant funded traffic enforcement programs In Progress 2007 Continuing Continuing Continuing Continuing Engage community in public safety programs and initiatives Continue proactive approach to the Crime Free Continuing Multi Housing program recruitment Hold Police Department Community Meetings Continuing during 2009 Continue to offer and expand promotion of Continuing Citizens Police Academy, Citizens Fire Academy and Community Emergency Response Team Mar. 2010 Reviewing criteria before purchasing truck, first contract terminated before delivery Page 10 of 29 Performed Pressure Plan Study in 2008 Test fire hydrants and 500 valves annually Utilize on -line crime analysis to map crime trends; include information in crime briefings Apply for all available traffic funding through the State Have signed up three complexes Will hold meetings in two parts of community during 3rd and 4th quarters of 2009 Actively pursue new memebership and later inclusion into volunteer organizations Council Goals Implementation Plan 5/14/2009 Goal #3: Safety and Security Short Term Action Item Status Est. Start Est. Completion Progress Engage community in public safety programs and initiatives Create a contest for school age children to name Not Started Aug. 2009 the theme and design the official poster of the Public Safety Expo Continue to participate in community block Continuing parties and neighborhood gatherings Conduct Annual Public Safety Expo Continuing Continue the Risk Watch Program in elementary Continuing schools Sep. 2009 Contest rules will be sent to area schools Firefighters attend gatherings when requested and if not needed to answer calls for service Event scheduled for October 2009 Successful program in 2008/2009 school year, expect continuation in 2009/2010 year Maintain and improve if possible the City's In Progress Feb. 2008 May. 2009 As of May 1, 2009 the City's CRS Rating will go from a current standing in the National Flood Insurance 7 to a 6; this will give residents a 20% discount on their Program's Community Rating System for Flood Insurance Policy (the previous discount with a 7 residents' flood insurance premiums was 15 %) Communicate the gas ordinance with residents Continuing Semi - annual review of gas regulations and and neighborhoods informational materials provided to public Maintain the City's ability to respond to all large scale emergencies Conduct one emergency management table top In Progress 2009 2010 Gathering data to plan the exercise exercise and one full scale exercise Complete ICS 300 and 400 training for all EOC In Progress 2007 2009 As classes become available and staff is hired training participants is provided Page 11 of 29 Council Goals Implementation Plan Goal #3: Safety and Security Short Term Action Item Status Est. Start Est. Completion Progress Maintain the City's ability to respond to all large scale emergencies Continue training staff to meet all federal and Continuing state guidelines for emergency management operations Schedule and complete event planning training In Progress via Internet classroom Maintain and enhance the city's EOP Continuing Maintain and enhance the city's EOC Continuing Implement shared regional core public safety services where possible Work with surrounding jurisdictions to develop In Progress 2008 the Northeast Joint Communications Center Continue to support Northeast Fire Department Continuing Association and seek out other combined response teams in order to support their assigned missions Promote to area fire departments availability of Continuing NRH Fire Training Center 5/14/2009 As classes become available, staff is polled to see who can attend Jun. 2009 This traning has begun and is scheduled to be completed by June 2009 This is an annual process and will begin shortly after budget is completed This is an annual project and changes are made as funds become available Unknown Evaluating the data received from other agencies to determine feasibility Joint training is scheduled on a quarterly basis for fire, technical rescue, HazMat, and Bomb response Page 12 of 29 Roanoke will use in May Council Goals Implementation Plan Goal #4: Financial Stability 5/14/2009 Short Term Action Item Status Est. Start Est. Completion Progress Continue pay -as -you go where possible Evaluate the ability to- pay -as- you -go vs. Continuing This is done in conjunction with bond sales and financing of capital expenditures, using cash budget each year when available and practical Maintain a stable tax rate and predictable income stream Continue aggressive debt payment structure to Continuing insure a manageable debt property tax rate Update the Investment Policy and Strategy and Continuing present to City Council for approval annually Regulary monitor financial markets for Continuing opportunities to refinance existing debt to save interest expense Evaluate the effect of all operating and capital Continuing expenditures on the property tax rate and user fees Seek upgrade of credit rating with Moody's In Progress Investors Continue the 10 year water meter replacement Continuing program Continue to standardize equipment when Continuing possible Amortization schedules designed so principal on debt is paid equally each year; saves interest expense over life of bonds and insures lower payments at end of maturity, leaving more capacity for issuing additional debt if needed Completed for 2009 No opportunities in FY 2009 so far This is done in conjunction with budget each year 2008 Apr. 2009 Rating meeting scheduled for April 2009 Page 13 of 29 Replace one tenth of meter inventory each year at a current cost of $350,000 Constantly look at equipment to find savings Council Goals Implementation Plan Goal #4: Financial Stability Short Term Action Item Status Est. Start Est. Completion Progress Maintain a stable tax rate and predictable income stream Enhance tracking of assets through facility Continuing management software Update the long range financial plan annually Update Facilities, Fleet, CCD, Parks Continuing Development, NRH2O, Self Insurance and IS 5/14/2009 Continue adding and maintaining the inventory of equipment assets in the software This is done in conjunction with budget each year Maintain cash reserve policies Continue to maintain /build cash reserves Continuing Done through aggressive collections of authorized revenue sources and prudent management of appropriated funds; invest all idle funds 100% of the time Establish fund balance goals for all funds Completed Balance goals will continue to be examined to assure they are still correct Maximize grant funding Continue attending training classes to learn more Continuing about potential grant opportunities Seek grant funding where feasible for all Continuing departments Assess the cost benefit of all grant applications Continuing Page 14 of 29 Grant policy was established in 2008, insures accountability for all grant funds from application through reimbursement Grant policy was established in 2008, insures accountability for all grant funds from application through reimbursement Grant policy was established in 2008, insures accountability for all grant funds from application through reimbursement Council Goals Implementation Plan Goal #4: Financial Stability Short Term Action Item Status Est. Start Est. Completion Progress Maximize grant funding Familiarize employees with available resources Continuing on grant funding opportunities 5/14/2009 Grant policy was established in 2008, insures accountability for all grant funds from application through reimbursement Identify and evaluate funding alternatives for achieving our strategic vision Continue to seek out event sponsorships to Continuing All departments seek sponsorships and grants to offset expenses offset the cost of events & programs Identify all possible revenue sources for existing Continuing This is continually being evaluated, cost recovery and proposed programs analysis is done and new sources of revenues and existing revenues are assessed for adequacy and appropriateness Explore and implement funding alternatives for In Progress proactive land acquisition and management Page 15 of 29 Potential land acquisition sites have been identified; meetings with advisors are being schedule to identify potential funding sources and legal implications Council Goals Implementation Plan Goal #5: Preserve Positive City Image 5/14/2009 Short Term Action Item Status Est. Start Est. Completion Progress Enhance public information initiatives Continue to foster a positive relationship with all Continuing Met with new S -T reporter to acquaint him with local media outlets and to encourage fair media community and NRH programs and services coverage of our community Hold community meetings for residents in targeted Not Started Sep. 2009 2014 Will continue through life of program areas of neighborhood revitalization Continue and enhance communication flow with citizens Continue to seek ways to improve online services Continuing Launched new NRH ED web site in February 2009; added online job application for NRH2O in March 2009 Continue electronic surveys of projects, events, Continuing Several surveys have been completed through programs and seminars to receive citizen feedback Constant Contact & electronic newsletters Continue to use video, electronic flyers and other Continuing Billing inserts in May & June; water conservation electronic media to update and inform all and drought plans on City website during stakeholders remaining months of fiscal year Continually update the City's website Develop new marketing iniative for Iron Horse Golf Course Conduct a Citizen Survey to measure residents' opinions about our community and city services Continuing Continue to make routine updates and text changes for all departments on a monthly basis Not Started Mar. 2009 2010 Staff has met with Iron Horse regarding this item Not Started Jul. 2009 Oct. 2009 2009 Survey will completed over summer and early fall Page 16 of 29 Council Goals Implementation Plan Goal #5: Preserve Positive City Image 5/14/2009 Short Term Action Item Status Est. Start Est. Completion Progress Continue and enhance communication flow with citizens Evaluate new electronic and internet based In Progress 2009 Nov. 2009 Staff committee formed and met in March, in communications tools and implement those found process of testing and evaluating several sites to be practical and effective for the City including Twitter, Facebook, YouTube Continue to foster an environment for positive Continuing Currently soliciting quotes from vendors to provide customer service and provide customer service customer service training training for employees who have high public contact Put website on city vehicles In Progress 2009 2010 Sample decals being prepared for review Continue to educate employees on city and Continuing Developing first line supervisor training on departmental policies and procedures subjects such as: interviewing, performance evaluations, disciplinary action, employment law, Maintain quality public facilities Continue to monitor, update and implement the Continuing It is updated annually Parks Infrastructure Asset Management Plan Update and ensure compliance to maintenance Continuing Channel work and clean up have been completed standards for Iron Horse Golf Course by Iron Horse and will be done on monthly basis Update facilities maintenance schedules as needed Continuing Review procedures for building maintenance technicians for daily, weekly, monthly and annual preventitive maintenance operations, review Long Range Facility Plan to keep City facilities appealing in appearance, safe and efficient in operations Page 17 of 29 Council Goals Implementation Plan Goal #5: Preserve Positive City Image Short Term Action Item Status Est. Start Est. Completion Progress Maintain quality public facilities 5/14/2009 Fundraise for construciton of new animal shelter Not Started 2011 2012 Determining appropriate options for shelter expansion Focus on and recognize City successes Submite city initiatives to mulitiple organizations for Continuing Submission being prepared for TML, programs awards and other recognition submittet to Alliance for Innovation in February Continue involving employees in the R- SPIRIT Continuing Recently updated service awards, preparing for program annual RSPIRIT Banquet in May Recognize employee achievements in the city Continuing Spring newsletter includes articles on ISO rating, newsletter GFOA award, Police Department Employees of the year, award section of web site was updated in early April Promote and initiate environmentally responsible programs Study the benefits of adopting "green" building Continuing methods for all future public facilities Continue developing and growing local and Continuing regional interest in Discover Project Green Page 18 of 29 Schedule attendance in 'Green' seminars and review industry information of products and materials Staff is looking at the possibility of combining this event with another Council Goals Implementation Plan Goal #5: Preserve Positive City Image 5/14/2009 Short Term Action Item Status Est. Start Est. Completion Progress Promote and initiate environmentally responsible programs Conduct irrigation audits of City facilities to In Progress 2009 2010 Approx 1/2 of the system has been tested and maximize landscape water conswervation adjusted Work with BISD to expand Green Teens program to In Progress 2009 2010 Program will begin at Richland HS in the fall other schools Continue Recycle More school recycling art contest Continuing Program was presented to schools and had a very good turnout Continue Texas Recycles Day flea market to Continuing 2001 2014 Offered to citizens each year promote recycling and reuse Continue Air Pollution Watch/Warning notification Continuing On -going program with many sponsors signs Continue Smartscape Promotions & Awards for Continuing On -going program that educates citizens on the water conservation importance of water conservation Complete implementation of Special Event Recycle In Progress 2008 2014 Program offered to private and city events to Bin Loan Program promote recycling Develop Recycling Brochure for 2009 Not Started 2009 Aug. 2009 Will go out in the Aug. 2009 water bill Implement new Cooking Oil Recycling at In Progress 2009 2014 Provided at Community Cleanup, don't know Community Cleanup success yet Continue to look for and implement energy saving Continuing Departments look for ways to save energy in their ideas departments and city -wide Page 19 of 29 Council Goals Implementation Plan Goal #5: Preserve Positive City Image 5/14/2009 Short Term Action Item Status Est. Start Est. Completion Progress Enhance the public art program Identify possible artists and the ideal medium for Not Started Project will not start until after the expansion of the commission of a sculpture in the city entry area Loop 820 because TxDOT is using this space for known as the Davis Flyover pending TxDOT staging and storage approval Identify 3 -4 pieces of new artwork to rotate out with Complete 2009 Mar. 2009 Armadillo, Flower Box and "Bling" have been older pieces in the Loaned Art Program on Bedford- installed Euless Road Install the Barbara Grygutis piece entitled, In Progress 2008 2009 The piece is currently in fabrication "Weather" at the Library Park Plaza or other city facility Introduce additional Signal Art boxes throughout Not Started 2009 2010 Other sites will be determined the City Acquire the iron horse equestrian sculpture In Progress 2009 2010 Have conducted initial negotiations with artist; formerly displayed as part of the loaned art completion is dependent on funding program and install it at the Library Increase regional awareness of our positive city image Continue to place entry signs at major city Not Started 2009 2010 Will do so when funding becomes available entrances Create internal communications and marketing Continuing Committee formed and met in March committee to better coordinate City's efforts to promote NRH to the region Create a monthly report that tracks media coverage Continuing Reports completed for January, February, March of NRH, allowing us to see trends and refocus communication efforts as needed Page 20 of 29 Council Goals Implementation Plan Goal #5: Preserve Positive City Image 5/14/2009 Short Term Action Item Status Est. Start Est. Completion Progress Increase regional awareness of our positive city image Coordinate with regional and state tourism groups Continuing . Met with publisher for Dallas Regional Chamber's to make sure NRH is included in regional visitor Newcomer and Relocation Journal in March, guides and tourism publications provided them with updated information and photos; sent information about special events to state tourism web site and DFW tourism web site Implement the facilities study Begin planning capital projects to relocate City Not Started 2009 2010 Will begin when Facility Master Plan is accepted departments into quality facilities that will accommodate departmental needs for 10 -20 years Implement the strategies and facility changes from Not Started 2009 2010 Will begin when Facility Master Plan is accepted the Facility Master Plan Page 21 of 29 Council Goals Implementation Plan Goal #6: A Sense of Community 5/14/2009 Short Term Action Item Status Est. Start Est. Completion Progress Complete and implement trails plan Complete key trail easement acquisitions In Progress 2008 2009 We have acquired all but two remaining parcels left for the LBC trail Initiate the construction of the Little Bear Not Started 2010 2011 Construction will begin on LBC when land Creek and Calloway Branch Trail Projects acquisition complete & on CBT when bridge installed Enhance park and recreation facilities and programs at current high level Design and construct the Recreation Center In Progress 2008 2011 Architect met with City Council in April 2009 Continue the implementation of the Park Continuing Several recommendations have been Master Plan implemented and top 10 priorities will be implemented in Long Range Plan Plan for 20th Anniversary of Iron Horse Not Started May. 2009 Oct. 2009 Will set up anniversary committee by first part of May Improve aesthetics of Iron Horse In Progress 2009 2010 Channels have been cleaned of trash and graffiti on railroad tresses have been removed, bids are out for repainting of outside restrooms, replacing signage throughout Continue to add attractions and improvements Continuing Beachside Bay will open this summer along with at NRH2O new restroom facility Encourage volunteerism and community wide involvement Continue with A Night of Holiday Magic Continuing Page 22 of 29 Plans for 2009 NHM begin in August Council Goals Implementation Plan Goal #6: A Sense of Community Short Term Action Item Status Est. Start Est. Completion Progress Encourage volunteerism and community wide involvement Promote /increase health and wellness Continuing programs 5/14/2009 Recently completed Health Check 2009 with over 290 participants; will begin 3rd Naturally Slim class in May Continue recognizing community leaders, Continuing The Founders and Legacy program will be businesses and employees at city facilities completed by October 2009; Tipps family signage and events will be installed at Tipps Canine Hollow by Oct. 2009 Continue offereing special events including: Continuing PARD will continue to offer the events each year Easter in the Park, Hoot N Howl, Veterans' Day, etc. Continue to collaborate with community Continuing PARD uses hundreds of volunteers each year at partners on events, programming and senior centers and special events volunteers Continue to work with scouting organizations, Continuing Working to improve landscaped areas US Postmaster, gardening enthusiasts and other community partners to improve landscape areas and initiate community Explore potential new Code Ranger Program Not Started 2009 2014 Will be presented to CMO in May 2009 Seek ways for the use of volunteers within Not Started 2009 2010 Will look at each department and see if volunteers other areas of operations can be used to improve performance and save money Continue to encourage community Continuing NS relies on volunteers to complete its mission participation and volunteerism in Keep NRH Beautiful projects, NIP, AARC, VIP, etc. Page 23 of 29 Council Goals Implementation Plan Goal #6: A Sense of Community Short Term Action Item Status Est. Start Est. Completion Progress Encourage volunteerism and community wide involvement Install street pole banners promoting various In Progress 2008 2010 PARD Staff is working on design for the pole city and civic events banners Maintain cultural arts program Produce 6 SOS and 2 Autumn Night Concerts Continuing SOS is halfway through its season 5/14/2009 Produce art exhibits including 4th Annual Continuing The programs will continue to be offered Artists at Work, a digital photography exhibit and a show highlighting local talent Offer Cultural Arts Artsploration programming Continuing A new series of programs and classes are offered during the summer at the NRH Rec Center this summer Promote life long learning through library services Attract new users to the Library and provide Continuing them with state -of- the -art services and materials Analyze library services on the south side of In Progress 2007 the City Page 24 of 29 Plan to begin offering email courtesy notices to patrons with items coming due 2010 Have collected user address data, scheduled to work with GIS to map information Council Goals Implementation Plan Goal #6: A Sense of Community Short Term Action Item Status Est. Start Est. Completion Progress Prepare for demographic changes to maintain our sense of community Continue growth and promotion of the SilverSneakers senior adult fitness program Continue to offer a wide variety of programming to seniors that includes cultural, educational and active endevours Expand the Spanish language collections at the Library 5/14/2009 Continuing The SilverSneakers program has enjoyed tremendous success at the recreation center Continuing PARD will continue to innovate, create and provide life enhancing programs for our community Continuing Continue to purchase quality Spanish language titles as they become available Page 25 of 29 Council Goals Implementation Plan 5/14/2009 Goal #7: Targeted Economic Development Short Term Action Item Status Est. Start Est. Completion Progress Attract the types of businesses we want in our community Review and update targeted businesses in our Continuing Exanding businesses, property owners and community developers have been identified and approached Research market to determine business Continuing opportunities Support SCORE and the Small Business Continuing Development Center by providing logistical and information assistance Update the Economic Development Plan Not Started Promote diversity in economic development Work with businesses to assist in finding Continuing locations within our City Create targeted mail campaign to go toward Continuing wanted business establishments ED constantly gathers and updates information on business opportunities ED and SCORE work together on businesses in need, co -brand each other on all forms and methods of communication 2009 2010 Update NRH ED Plan from Jan. 2003 Show businesses available land, share information on city and region Direct mail campaign conducted in Feb. 2009, a second to be conducted in May 2009 Encourage developers to maximize use of existing real estate and locations (Loop 820, Blvd. 26, Cottonbelt Rail Corridor, existing Continue participation in ICSC to promote Continuing Representation at ICSC Las Vegas in May 2009 vacant buildings and commercial sites to developers and end users Maintain inventory of available, non residential Continuing Inventory is updated as new property is tracts and vacant buildings discovered Continue BIG program Continuing 7 business in program, 2 completed, 2 obtaining bids, 2 in process of signing City contract, 1 filing an application Page 26 of 29 Council Goals Implementation Plan Goal #7: Targeted Economic Development 5/14/2009 Short Term Action Item Status Est. Start Est. Completion Progress Proactive strategic land acquisistion and management Acquire property along Blvd. 26, Loop 820 and Not Started 2009 2011 Property along Rufe Snow, Blvd. 26 and Loop 820 North Hills mall site being evaluated for purchase Sell unneeded city property In Progress 2009 2011 Property along Rufe Snow and Glenview being positioned for sale through sealed bid process; other City properties being evaluated Decide future of the Food Lion In Progress 2007 2010 Food Lion included in Facility Master Plan, once recommendations are accepted detailed plan will be created Manage property acquistions, dispositions and Not Started 2009 2011 Properties have been identified, funding sources incentives that increase taxable revenue considered, preparing for Council review Page 27 of 29 Council Goals Implementation Plan Goal #8: Local and Regional Leadership 5/14/2009 Short Term Action Item Status Est. Start Est. Completion Progress Continue to be involved on committees setting direction for the region Maintain active particpation in regional Continuing Council and staff involved in NCTCOG and other committees regional groups Continue involvement and participation in Continuing Ongoing participation in Vision North Texas Vision North Texas committee meetings Build relationships that influence decisions in areas where we have an interest Continue encouraging employee relationships Continuing Many employees serve leadership roles in with professional organizations respective organizations Promote service and involvement that bring prominence as leaders that influence the direction in key issues Provide staff support services to Mayor and Continuing Provide data and arrange meetings Council and their regional leadership roles Lead by example, do it better Maintain leadership roles in regional, state Continuing and national organizations Participate and hold leadership roles in Continuing National and State organizations that advocate for cities Page 28 of 29 City Council & many employees serve leadership roles in respective organizations Mayor is vice chair of NLC committee, Library Director has voting position on TML Board Council Goals Implementation Plan Goal #8: Local and Regional Leadership Short Term Action Item Status Est. Start Est. Completion Progress Maintain leadership role on legislative issues Participate in regional efforts involving state and federal legislation that can impact our City and area Monitor and lobby the federal and state legislatures Continuing Continuing Page 29 of 29 5/14/2009 Working with cities in region to bring rail to North Texas Testify in Austin this legislative session INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2009 -038 ).- Date: May 18, 2009 Subject: Update on State Legislation Attached is the most recent NRH Legislative Update for the 81St Regular Session of the Texas Legislature. We have about 140 bills and joint resolutions that we are tracking. The Update lists the bills being tracked, the author, a short description, the City position, as well as action taken through May 12. I've also attached a summary of SB 855 (TLOTA bill) as it came out of committee. This bill has changed significantly from the way it was voted out of the Senate. The most significant change is that there is no longer a menu of funding options —it's only the gas tax at 10 cents. On Monday night I will update you on the movement we have seen on the bills we discussed at the last Work Session. Those bills include: Transportation ➢ HB 9 — no longer TLOTA bill; sent to Calendars ➢ SB 855 — reported favorably from House Transportation committee Red Light Camera Prohibition ➢ HB 300 — TxDot Sunset — Referred to Senate Transportation & Homeland Security ➢ HB 2639 — committee report sent to Calendars Statewide Smoking Ban ➢ HB 5 — reported favorably, as substituted, out of House State Affairs ➢ SB 544 — scheduled for public hearing 5/11 Sales Tax Allocation Changes ➢ HB 980 — still in committee; no action to date ➢ HB 1376 — still pending in committee Joint TI Fs ➢ HB 3222 — committee report sent to local & consent calendar ➢ SB 1947 — referred to House Ways & Means High Speed Rail ➢ SB 1570 — received in the House ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � Please do not hesitate to notify me if you have any questions on a particular bill. We will continue to stay current on the latest information and notify you when action is needed to either encourage or discourage certain legislation. Respectfully Submitted, Karen Bostic Assistant City Manager SB 855 -TEXAS LOCAL OPTION TRANSPORTATION ACT (updated 5.12.09) APPLIES TO ALL MPOs IN STATE Bill applies to any county within an Metropolitan Planning Organizations (MPOs) There are 25 Federally designated MPOs in the state affecting 55 counties • 85% of the state's population resides within the MPOs ELECTION • In single county MPO's: decision to call election rests with Commissioners Court • In multi- county MPO's (7 multi- county MPO's in Texas): election occurs in ALL counties if the commissioner's courts representing 66% of the population in the region pass a resolution • Election results are tabulated county -by- county (i.e. — if the voters in a particular county reject the ballot, then the tax will not be imposed and projects will not be built in that county) • All elections must be in November; no elections within 2 years from previous election PROJECT SELECTION • Commissioner's Court decides which projects will appear on the ballot • All projects recommended for the ballot must be included on the MPO long -term plan • Commissioner's Court must hold three public hearings on the proposed ballot and projects • Commissioners Court may establish a "project selection committee" ELIGIBLE PROJECTS • Eligible projects:any rail or road project on the MPO plan (plus upgrades to existing roads) BALLOT LANGUAGE - TRANSPARENCY Ballot must list each project, estimated cost, completion date, plus date bonds will expire METHODS OF FINANCE {NO SALES TAX) • Local Option Gas Tax: $0.10; imposed on the sale of a gallon of motor fuel at the terminal • No other fee or method of finance allowed EQUITY • Projects selected must proportionately benefit cities to the amount of revenue collected from citizens within each city • Money collected within DART /DC TA cannot be spent outside of DART / DCTA MONEY ACCOUNTED FOR IN SEPARATE FUND Money must be kept in separate fund at the County; no co- mingling with general fund NO NEW BUREAUCRACY OR NEW LEVEL OF GOVERNMENT No new agencies. DART, The -T, and DCTA will continue to provide all rail services GAS TAX &ALL PROJECTS MUST BE APPROVED BY TNT VOTERS r f S s,rrr s S AN 1. No tax unless approved by the voters 2. Bill sunsets in 2019 3. No money can be used for lobbying 4. No eminent domain powers or authorities 5. No money can be used for toll projects 6. No election unless elected officials at Commissioners Court representing 66% of the population agree to call an election 7. November election date (no elections in March or May) 8. Tax must expire when bonds are paid -off 9. Transparent ballot: list projects and explain when bonds and fees will expire 10. All money raised in a county must stay in a county 11. All money must be kept in separate fund; no co- mingling with general fund 12. Separate accounts required for each project and for maintenance & operation funds 13. Projects must be on the long -term Metropolitan Planning Organization plan 14. Public hearings required before ballot goes to voters 15. Audit requirements 16. Annual report requirements (submitted by County to TxDOT) 17. Equity protections for existing transit agencies 18. "Proportional city benefit ": Each city must benefit from the projects selected in rough proportion to the amount of money collected from within their boundaries 19. No elections within two years of previous election 20. Voters in each county control their destiny slam I MWMV I �ii, I 0MVU I Urois "WWI r I I snrn e r � ll p 9 nning an�zaions o *tan Pla Or t W C~ Comm AffWft W r. low loom CA~ trslt 1Mi cl� Fmm VACMA VVI r. hita F al s MPO CLW lima MW WIMUM TCKZM swum Soheerman-Denison MPO cow scm Wre 11M I Texarkarip MPO Lubbock M PO MIA Wit amp Toone vW CAM I" i CAM C T- North Central Texas 000 UAIN V-AW.0 TAWRO" IAUAS CAM loom ACMW XM 111 M UMVIM TJW"kW ngsiew MPO Abilene MPO Tyle Area M PQ Fmw loom 110am flow W141" C41LIAPAPP "Vm=cp MIN IOAV.4%W El Paw MPO VAL Midland-Odessa Transportation Organization MPO covirXIM sew WE= slaw C142MCK vftco MPO WIN San Angelo M P0 *Cgs~ 110111110 AINGUM IIIIIIIIS COMM TAUS 14POU 141leen- 0"Urban TranspMaWrl udv srMOrs PAM 1111M "LUAW&CP ation M' - ego 0 --w W = am ;apital Area M PO N% TP.AV'Z 0 WARMCM0 LAY C�RMOG[ loon IA South E RP( STKW AIX-W CYADCM MOM VVLV s CAIDIVIM IRA Hat�on,.Oalvestwkea Council CUU)IMM CUAt"UM rw Ulm UAW%% W VIM Sari Antonio-Bexar Cour* MPO VA' Pitt ffis M 0 WAIAGOM CvWI) CAUK"' loom ARAMAS SAVIAITMCK) Corpus Christi M�6 Laredo Urban Transportation Stud MPO: Metropolitan Planning Organization COG: Council of Governments RPC: Regional Planning Council sm-M 1 "60" � "Wn I xvmv VMS HldalNo Ocurity MPO Harlingen•San Benito MPO ftevffe# i 11 e MPG V` U ndaries ate approximated. . U- S. Department of Transportation, Federal Highway AdministrationFedera I Transit Administration- Texas Department of Transportation, MPO Websites V A io COMPARISON OF SB 855, 1GROSSED vs. CSSB 855 (81832977) PAGE * ISSUE SB 855 ENGROSSED CSSB 855 (81 R 31283) DIFFERENCE (IN THE E AS PASSED BY THE SENATE) (AS PASSED BY HOUSE COMMITTEE) SUBSTITUTE) Definitions 6 definitions 6 definitions NO CHANGE 1 -2 1 option 6 options Fees 1 rate 1 tax only Page 11, line 25 Multiples rates within each option (i.e. $1 to $24) (Gas tax only at 10 cents only) Applied to specific regions Applies to all MPCs who REQUESTED to be in the bill 25 Maas in the State Substitute applies to a much Page 5, line 'i 5 Applicability 55 counties larger °% a of the State ViI � {DF, Travis, Sexar, Corpus, g5% of state's population El Paso, Waco, Harlingen] Commissioner's Court vs_ Project t Created a "Selection Committee" of Commissioner's Court Selection Committee page 9, Selection city and county elected officials picks projects from MPO pian tines 9 -13 and Process to pick projects from IPO long-term plan either may, lines 2127 (no committee; no city involvement) projects must be on MPO list ISSUE SB 855 ENGROSSED CSSB 855 (81 R 31283) DIFFERENCE FAGS tr THE AS PASSED BY THE SENATE � } � AS PASSED BY HOUSE COMMITTEE) SUBSTITUTE) October: opt -out or name selection committee Order of Events April: submit recommended projects to Court March: Commissioner Courts o representing 66% of population in IVIPO Substitute creates simpler P Page 5' line 18 (Dates) � } must adopt resolution calling for election version with less detail June: Court approves or rejects ballot Election Date: Yes Yes NO CHANGE Page 6, line 10 November County elections Regional elections . Election Substitute creates page 5, line 13 Boundaries any county can opt -out by Counties in a region cannot opt -out if regional elections majority vote of commissioners commissioner's court representing 66% of the population opts -in Yes But with only one fee; there are conforming changes to the ballot + no CONFORMING CHANGES Ballot need to designate M &O; THAT DILUTE RELATIONSHIP Page 7, line 92 Language Yes Overall, the relationship between BETWEEN FEES AND PROJECTS fees and projects is diluted under the "gas tax only" approach PAGE: ii ISSUE SB 855 ENGROSSED CSSB 855 (81 R 31 283) DIFFERENCE (IN THE (AS PASSED BY THE SENATE) (AS PASSED BY HOUSE COMMITTEE) SUBSTITUTE) Yes Yes Can use money for all "mobility Use of Money Y an use money for all improvement projects" (rail and road) Substitute is slightly different Page 19, line 4 `=mobility improvement projects" + (rail and road) Can accelerate the retirement of DART debt Public Hearings 5 hearings (3 at selection committee; 3 hearings Substitute has fewer hearings Page G, line $ 2 at commissioner's court) Yes Substitute greatly narrows Yes but only for counties in which any reason for a series Subsequent voters rejected the first ballot. of elections to be held page 6, line 21 Elections but all counties can have over the years because subsequent elections Elections cannot be held substitute only gives counties any earlier than 2 years one tax at one rate from previous election. Yes No lobbying with TLQTA Yes + Cannot use money Substitute has stronger restrictions Page 3, line 1 money to fund a campaign PAGL _. ISSUE SS 855 ENGROSSED CSSB 855 (81 R 31283) DIFFERENCE SIN THE AS PASSED BY THE SENATE � y � AS PASSED BY HOUSE COMMITTEE) SUBSTITUTE) Sunset Yes Yes NO CHANGE Page 3, line 8 Not necessary it gas tax only Low- income because it's paid $1 to $2 at a relief Yes None time; unlike fees which are paid Not in sub. all at once and can produce financial hardships Protect DART & DCTA sales Yes Yes NO CHANGE Page 20, line 24 tax No New Bureaucracy (no new Yes Yes NO CHANGE Page 21, line 5 transit agencies) E Fund Administration Yes Yes NO CHANGE Page 17, line 13 at the County lnterlocal Agreement Yes Yes NO CHANGE Page 4, line 9 Authority ISSUE SB 855 ENGROSSED CSSB $55 (SIR 3'I 283) DIFFERENCE PAGE... (IN THE (AS PASSED BY THE SENATE) (AS PASSED BY HOUSE COMMITTEE) SUBSTITUTE) . Equity Protections For DFW Yes Yes NO CHANGE Page 10, line 7 Transit Agencies Prohibit TXDOT from reducing $ Yes Yes No Change Page 2, line 16 to a region Audit and Report Yes Yes NO CHANGE Page 4, line 18 Requirements Agreement for Counties to pay Page 14, line 16 Comptroller's Yes NO NO CHANGE Page 74, line 15 costs (fiscal note) Conforming Changes to Tax Code for PAGES Gas Tax 2� Collection Yes NO NO CHANGE THRU ' i Procedures 74 (PAGES 21 -T4 Bill Status Report Updated 05 -12 -2009 Position Oppose Bill History: 02 -12 -09 H .Introduced and referred to committee on House Ways and Means HB 20 Leibowitz Sales Tax - Would exempt college textbooks from the sales tax. HB 30 Leibowitz Public Drinking Water - Would increase boil water notice requirements. Position Oppose Bill History: 02- 1209. H Introduced and. referred to committee on House Natural Resources HB 45 Corte Zoning Notice - Would allow cities to use its website instead of newspapers to post notices of adoption and amendment of zonings. Position Support Bill History: 03- 18-09 H Committee action pending House Land and. Resource Management HB 446 Riddle Property Tax - Would allow county wide elections to reduce the appraisal cap from 10% to anywhere between 3 and 10 %. Position Oppose Bill History: 03 -18 -09 H Committee action pending House Ways and. Means HB 55 Branch Cell Phone Ban - Would not allow the use of cell phones in school zones. Position .Neutral Bill History: 05-08-:09,:H Placed..on General State Calendar. HB 57 Branch Sales Tax - Would add computers less than $1,000 to the August sales tax holiday. Position Oppose Bill History: 92 -12 -09 H Introduced and referred to committee on House Ways and Means HB 122 Straus Would allow cities to use child safety court fees for general public safety and security programs. Position Support Bill History: 02 -12 -09 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence HB 219 Menendez Cell Phone Ban - Would make it illegal to use a cellphone in a school zone and require 50% of fines collected go to the State. Position .Neutral Bill History: 03 -10 -09 H Committee action pending House Transportation HB 220 Menendez Cell Phone Ban - Would prohibit the use of cellphones when driving. Position Neutral Bill History: 03- 10--09 H Committee action pending House Transportation HB 259 Berman Law Enforcement - Would require more work on the police officer's part when he cites a motorist for driving without insurance. Position Oppose Bill History: 02 -17-09 H Introduced and referred to committee. on House Transportation HB 293 Dutton Municipal Court - Would mandate automatic expunctions in certain situations. Position oppose, Bill History: 03-09-09: H Committee action pending House Criminal Jurisprudence subcomm*ittee Companions: HB 1483 Pitts (Identical) HB 412 Isett Sales Tax - Would get rid of franchise fees, utility gross assessment receipts, universal service fund assessments and federal universal service fund charges, if these fees are passed on to the end user. Position Oppose Bill History: 04-27-09,H Testimony taken in committee on House Ways and Means; left pending HB 424 Castro Sales Tax - Would add school supplies to the August sales tax holiday. Position Oppose Bill History: 04 -20 -09 .H Testimony'taken; Left pending in committee on House Ways and Means HB 489 Pickett Graffiti - Would require property owners to remove graffiti placed on their property if required by the City. Position Support Bill History: 05 -08 -09 H Paced on General State Calendar HB 500 Kolkhorst Property Tax - Would prohibit a property appraisal increase for two years if the appraisal was successfully challenged and value reduced by 15 %. Position Neutral Bill History: 0.3 -11 -09 H Committee action pending House Ways and Means HB 509 Riddle Blood Specimen Testing - Would allow an EMT to take a blood alcohol test. Position Neutral Bill History: 05-.06 -09 H Committee report sent. to Calendars HB 548 Pickett Law Enforcement - Would require cars to be towed if used in street racing. Position Support Bill History: 05 -06 -09 S: Referred to Senate Transportation. & Homeland Security HB 579 Gutierrez Municipal Court - Would create new court costs to fund drug court programs. Position Neutral Bill History: 03 -09 -09 H Committee action pending House Criminal :jurisprudence subcommittee 1-18 632 Turner Water & Sewer - Would require retail public utility providers to Sylvester maintain auxiliary power generators to maintain service in case of an event. Position Oppose Bill History: 04 -24 -09 H Committee report sent -to Calendars Position Oppose Bill History: 03- 18-09 H Committee action pending House Ways and Means HB 707 Rose Purchasing - Would allow cities to use the 5% local bidder preference. Position Neutral Bill History: 04- ,16 -09 H Scheduled for public hearing, no action taken by committee on House Urban Affairs H8 847 Martinez Sales Tax - Would increase the local sales tax cap to 3% and allow for that extra percent to be used for general revenue, property tax relief, county sales relief, 4A economic development or commuter rail district. Position Neutral Bill History; 04 -27 -09 H Testimony taken in House Ways and Means;.. committee substitute considered; left pending 1-18 959 Bonnen Property Tax - Would provide a $5,000 property tax exemption to volunteer firefighters and EMS personnel. Position appose Bill History: .03 -25 -09 H Committee action pending House Ways and Means HB 971 Lucio III Playground Accessibility - Would require wheelchair accessibility to playgrounds and wheelchair accessible play equipment. Position Neutral Bill History; 02-23-09 H Introduced and .referred to committee on House Culture, Recreation and Tourism HB 980 Thompson Sales Tax - Would source sales tax from the location where the order was received, reduce the reallocation period from four years to one year and allow cities to appeal reallocation decisions. Position Support Bill History: 02 -23 -09 H Introduced and referred to committee on House Ways and Means HB 1106 Bohac Property Tax - Would allow cities in Harris County (Houston) to reduce their appraisal cap from 10% to 5 %. Position Oppose Bill History; 03 -18 -09 H Committee action pending House Ways and Means HB 1174 Hartnett Sanitary Sewer Overflow - Would require cities to pay damages relating to a sanitary sewer overflow. Position Oppose Bill History: 05_01_09 5 Referred to Senate Intergovernmental Relations Committee HB 1211 Howard Charlie Property Tax - Would reduce the property appraisal cap from 10% to 5 %. Position Oppose Bill History: 03 -18 -09 H Committee .action pending: House Ways and Means HB 1221 Howard, Charlie Property Tax - Would introduce new rules on publishing the proposed tax rate. Position Neutral Bill History: 45 -07 -09 H Committee report sent to Local & Consent. Calendar. HB 1254 Calle an Red Light Cameras - Would require flashing lights to be posted before an intersection at which a red light camera is located. Position Oppose Bill History: 04 -29 -09 H Committee report sent to Calendars HB 1268 King,Phil Impact Fees - Would allow school districts to not pay connection fees unless the school board agrees to do so. Position Neutral Bill History; 02 -26 -09 H Introduced and referred to committee on House Public Education HB 1292 Eiland Property Tax - Would permit cities to grant complete homestead exemption to military personnel serving away from home. Position Neutral Bill History: 04 -27 -09 H Testimony taken Jn House Ways and Means; left pending HB 1344 Menendez lose TMRS - Would require the TMRS board to establish a nine member advisory board (TMRS already has this). Position Neutral Bill History; 05 -06 -09 H Committee Report sent to. Calendars HB 1535 Burnam Gas Pipelines - Would require a pipeline company to receive a permit from the Railroad Commission of Texas before it condemns property. Position Support Bill History: 04 -29 -09 H Committee action pending House Energy Resources H8 1576 Isett Property Tax - Would reduce the rollback rate from 8% to 5% and create an automatic election if the rate increase more than 3 %. Position Oppose Bill History: 03 -02 -09 H Introduced and referred to committee on House Ways :and Means HB 1661 Kina, Phil Property Tax - Would provide $60,000 property exemption for active duty military personnel. Position Neutral Bill History: 03 -03 -09 H Introduced and referred to committee on House Ways and Means HB 1720 Bohac Political Advertising - Would require cities to not send false information concerning upcoming election subject matter. Position Neutral Bill History: 04730 -09 H Committee. report sent to local & consent calendar HB 1801 Bohac Sales Tax - Would add school supplies to the list of exempt items during the August sales tax holiday. Position Oppose Bill History: 05 -12 -09 H Placed on major state calendar. HB 1803 Bohac Sales Tax - Would exempt college textbooks from sales tax. HB 1844 Davis John Sales Tax - Would allow cities to-appeal sales tax reallocations to Travis County (Austin) courts. Position Support Bill History: 03 -04-09 H Introduced and referred to committee on House Ways and Means HB 1849 Lucio III Sales Tax - Would create sales tax holidays in August and January for college textbooks. Position Oppose Bill History: 0.3 -04 -09 H Introduced and referred to committee on House Ways and Means HB 1982 Martinez Fischer Dangerous Dogs - Would define a vicious dog and make it a felony for the owner if the dog attacks children or the elderly. Position Neutral Bill History: 04 -06 -09 H Left pending in committee on House County Affairs HB 2082 Isett Purchasing - Would provide a 5% local bidder preference of bids less than $100,000. Position Neutral Bill History: 05 -04 -09 S Referred to Senate Intergovernmental Relations HB 2110 Homes Regulatory Takings - Would restrict cities in regulating the development of mineral rights. Position Oppose Bill History; 05 -13 -09 H .Placed on General State Calendar HB 2253 Hancock Political Advertising - Would change the statue on the expenditure of funds for political advertising by a political subdivision to make it unlawful if the subdivision knowingly broke the statute. Position Support Bill History: 05 -12 -09 H Returned to Local & Consent Calendars Committee HB 2257 Giddings Property Tax - Would require the disclosure of sales price on commercial property. Position Support Bill History; 03 -24 -09 H Committee action pending House Business and, Industry HB 2268 Corte Lobbying - Would prohibit cities from lobbying or belonging to an organization that lobbies. Position appose Bill History: 03 -09 -09 H Introduced and referred to committee on House .State Affa i rs HB 2290 Gattis Property Tax - Would take away taxing entities ability to participate in appraisal districts while increasing citizens' role. Position Neutral Bill History: 04 -01 -09 H Committee action. pending House Ways and Meares HB 2315 Patrick Mane Vacant Buildings - Would allow cities to collect fees on vacant buildings. Position Support Bill History: 04 -16 -09 H Scheduled. for.public .hearing; no action taken by committee on House Urban Affairs HB 2333 Geren Oil and Gas - Would allow cities to mineral lease public right of way. Position Support Bill History; 05 -13 -09 S Scheduled for public hearing in. Senate Intergovernmental Relations.. HB 2506 Villarreal Permit Vesting - Would limit a permit vesting suit to five years. Position Neutral Bill History: 04- 2.7 -09 H Testimony taken in House Judiciary and Civil: Jurisprudence; left pending HB 2639 Isett Red Light Cameras - Would not allow cities to operate red light cameras. Position Oppose Bill History; 04 -28 -09 H Committee report sent to Calendars HB 2782 Keffer Electric Market - Would require more competition in the electric generation market. Position Support Bill History: 04-07-09 H Left pending in. committee on...House State Affairs HB 2.85. Farabee Electric Markets - Would allow cities to intervene if they discover abuse in market power. Position Support Bill History: 04-07-09. H Testimony taken.; left pending In committee on House State Affairs HB 3288 McReynolds Oil and Gas - Would allow cities to mineral lease public rights of way. Position Support Bill History: 04-08-05: H Scheduled for public hear; no action taken by committee .on, House Urban Affairs' HB 4613 Oliviera Tax Increment Finance - Completely rewrites TIF rules. Companions SB 2338 Shapiro... QIdentical) . ........ .. H8 4654 Chisom Oil & Gas - Would have the Texas Railroad Commission create model drilling rules and require cities to use those rules unless specifically allowed. Position Oppose Bill History: 04-15 -09 H Testimony taken; left pending - ...House Energy Resources 8 18 Estes Eminent Domain - Would restrict use of eminent domain. Position Neutral. Bi/t History: 05 -08 -09 H. Referred to House Land & Resource Management SB 298 Carona Sobriety Checkpoints - Would allow law enforcement agencies to create sobriety checkpoints. Position Support Bill History: 05 -06 -09 H Left pending in House Criminal Jurisprudence SB 361 Patrick Dan Water Utilities - Would require cities to maintain water and sewer service following extended power outages. Position Neutral Bill History: 05 -05 -09 H Left pending in House Natural Resources SB 634 Seliger Dog Restraints - Would not allow dogs to be restrained if owner is not present. Position Support Bill History: 04 -23 -09 S Scheduled for public hearing In. committee on Criminal Justice SB 903 Williams TMRS - Would guarantee a 5% interest credit on TMRS member accounts, would allow cities to receive annual interest rate different from the member rate. Companions: HB 360 Kuempel Identical) : ;::: .......... 5 Pl+c : can II & unc0rttet . . d caender Position Support Bill History: .04 -23 -09 S Removed from local and uncontested calendar SB 1294 Jackson, ___Mike Sales Tax - Would reduce the time limit for reallocation of sales tax from 4 years to 2 years. Position Support Bill History: 03 -17 -09 S Introduced and referred to committee on Senate Finance SB 1358 Seliger TMRS - Would allow employers to increase annuities of current retirees. Position Support Bill History: 05- 13 -09:H Scheduled for public hearing_ in House Pensions, Investments & Fi na nci aF Services SB 1447 West Substandard Building - Would allow cities to use civil action to condemn buildings. Position Support Bill History: 05 -14 -09 H Scheduled for public hearing in House Urban Affairs SB 1480 Davis,___ lends Electric Markets - Would require more competition in the electric generation market. Position Support Bill History: 03 -17 -09 S Introduced and referred to committee on Senate Business and Commerce SB 1481 Davis Wendy Electric Aggregation - Would allow residents to participate in cities' aggregation programs for electrical service. Companions: HB 2780 Keffer (Identical) �. use :Ener Resource .... ..... . 80 etlrno,r take gin; Ho 9Y ; , . " . din ...... [e perk : g: Position Support Bill History: 03 -17 -09 S Referred to Senate Business and Commerce .o SB 1570 Carona High Speed Rail - Implementation of high -speed passenger rail in this state. Position Support Bill History: 05 -05 -09 H Received from the Senate SB 219E Williams Public Safety - Would apply Chapter 143 civil service on police departments that do not have collective bargaining. Position oppose Bill History: 03 -31 -09 S Committee action: pending Senate Criminal Justice: INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2009 - 049 Date: May 18, 2009 V Subject: Results of the Housing Survey The Neighborhood Services Department has completed the 2008 Housing Survey. This survey is intended to identify new and aging structures within the city, with a focus on substandard housing conditions. This briefing is being presented to update the City Council on our findings and future areas of emphasis. The rating standards in which we used to determine the condition of the structures is as follows: #1 (Yellow) —new construction within the last 3 -5 years. #2 (Green) - Construction which appears to be after 1970, which has a well maintained exterior with only annual maintenance needed. #3 (Blue) - Construction that appears to be prior to 1970, which due to the age of the structure is classified as a #3 or there are minor repairs that need attention. #4 (Red) - Substandard conditions in which significant repairs are needed. Definition: Minor repairs — repairs that are in need of repair but not ranked as an immediate need. Such minor repairs include; fading paint, chipping paint on less than 1/2 of one side of a structure, rotted wood that is limited to 1 -2 boards. Significant Repairs — wood that is rotted and exposed to the elements that cause further damage to the structure. Severe chipping of paint on at least 1/2 of one side of a structure or holes or gaps within boards that could allow rodents into the structure. The survey indicates several substandard structures within the City, with the majority located south of Chapman Road. In some areas, there is a correlation between high risk foreclosure ratings with areas that show large cluster of substandard structures, such as the area between Rufe Snow, Chapman, Mid - Cities & Richfield Park and the area west of Fossil Creek Park (adjacent to Haltom City). ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS �� Neighborhood Services personnel have made significant progress in addressing these substandard structures. Through the data collected in the housing survey our ability to properly identify substandard conditions and assist in bringing these structures into compliance has been greatly enhanced. With the possibility of offering the Exterior Remodeling Incentives to homeowners, staff is confident that this will also. aid in bringing more structures up to code. Respectfully Submitted, Jo Ann Stout Director of Neighborhood Services CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -18 -2009 Presented by: Agenda No. A.5 Subject: Adjournment City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, May 18, 2009 7:00 P.M. A.0 Call to Order - Ma or Trevino A.1 Invocation - Councilman Whitson A.2 Pledge - Councilman Whitson A.3 CN 2009 -030 Oath of Office A.4 Special Presentations and Recognition(s) - Recognition of Yard of the Month Awards presented b Councilman Barth A.5 Special Presentation(sL and Recognition(s) - Proclamation Recognizinq John Pitstick as Recipient of the 2009 Community Builder Award for Smithfield Masonic Lodge #455 presented by Councilman Sapp A.6 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.7 Removal of Items) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of Mav 11, 2009 City Council Meeting B.2 PW 2009-014 Approve an Interlocal Aweement with Tarrant County for the Maintenance of North Tarrant Parkway ------ (1 800 feet west of Davis Boulevard to 2900 feet west of Smithfield B.3 PU 2009-021 Award Bid # 09-022 for Aquatic Chemicals to FSTI Inc. in an Amount Not To Exceed $62,150 and Valley Solvents & Chemicals in an Amount Not to Exceed $3,780 C.0 PUBLIC HEARINGS C.1 TR 2009-01 Public Hearinq and Consideration of amendments to the North Richland Hills Zoninq Ordinance, Amendments include: 1) Addinq a new Subsection (q ) "Prohibited fencing material" to Section 118-873. 2) Amending Subsection (a) "Roof-mounted mechanical eguipment" in Section 118877, and 3) Amending table in Section 118-394 "Lot and area requirements" in the 0-1 Office District - Ordinance No.3052 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 2009-015 Approve a Professional Service Aqreement with the RJN Grou Inc. for the Sanitary Assessment Project for an amount not to exceed $2803000. E.2 PW 2009-016 Approve Interlocal Agreement with the Cities of North Richland Hills Fort Worth Richland Hills and Haltom City for the Design and Construction of the Biq Fossil Creek Wastewater Outfall Svstem Improvements and the temporary Maintenance of the existing Wastewater Outfall System FO GENERAL ITEMS F.1 GN 2009-031 Election of Mav or Pro Tern F.2 GN 2009-032 Rescinding Resolution 2009-015 and Approving Participation in a Local Government Corporation for High Speed Rail - Resolution No. 2009-017 F.3 GN 2009-033 Authorize the cancellation of PO # 078785 to Gulf Coast American LaFrance FA GN 2009-034 Amend existinq contract with Redflex Traffic Systems to allow for a 90 termination clause F.5 GN 2009-035 Extension of Contract with Redflex Traffic Systems, Inc. I G.0 EXECUTIVE SESSION ITEMS No items for this category. H.0 INFORMATION AND REPORTS, H.1 Announcements - Councilman Welch H.2 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -18 -2009 Presented by: Agenda No. A.0 Subject: Call to Order - Mayor Trevino CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -18 -2009 Presented by: Agenda No. A.1 Subject: Invocation - Councilman Whitson CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -18 -2009 Presented by: Agenda No. A.2 Subject: Pledge - Councilman Whitson CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Subject: GN 2009 -030 Oath of Office Council Meeting Date: 5 -18 -2009 Agenda No. A.3 Council members John Lewis, Tom Lombard, David Whitson and Tim Welch were unopposed in the City's Election of Officers that was to be held on May 9. The Election Law provides that if all candidates are unopposed, they may be declared elected to office and the election cancelled. At the March 23, 2009 City Council meeting the Council declared the unopposed candidates elected to office and cancelled the election. Even though no election was held, the Election Law states that the candidates who are "elected" at the meeting ordering cancellation must wait until after the official Election Day to be sworn in. The May 18 Council meeting is the first meeting date that the newly elected officials may be sworn in. The Oath of Office will be administered to each of the newly elected officials. Attachment: Oath of Office In the name and by the authority of The State of Texas OATH OF OFFICE 19 , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of City Council Place of the City of North Richland Hills of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. Affiant SWORN TO and subscribed before me by affiant on this day of Signature of Person Administering Oath Printed Name Title CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -18 -2009 Presented by: Jay Garner Agenda No. AA Subject: Special Presentation(s) and Recognition(s) - Recognition of Yard of the Month Awards presented by Councilman Barth AREA 1 DeWitt Smith, 4029 Diamond Loch East AREA 2 Evalyn Lochridqe, 4913 Reynolds Road AREA 3 Cindy Hayes, 6617 Meadow Ridge Ct. AREA 4 Charles Huber. 6200 Abbott Avenue AREA 5 Shannan McPherson, 8616 Nichols Way AREA 6 James and Christine Smith, 7121 Four Sixes Ranch Road AREA 7 Larry Lebahn, 7624 Ford Drive AREA 8 Kathy D. Scribner, 6745 Ridgewood Drive AREA 9 Mike & Linda Galligan, 8305 Beverly Drive Business Landscape Winner North Richland Hills Baptist Church, 6955 Boulevard 26 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilman Sapp Council Meeting Date: 5 -18 -2009 Agenda No. A.5 Subject: Special Presentation(s) and Recognition(s) - Proclamation Recognizing John Pitstick as Recipient of the 2009 Community Builder Award for Smithfield Masonic Lodge #455 presented by Councilman Sapp MRH CITY OF NORTH RICHLAND HILLS PROCLAMATION WHEREAS, the Smithfield Masonic Lodge # 455 was chartered and has continuously operated since June 10, 1876, making it one of the oldest organizations in the City of North Richland Hills; and WHEREAS, it is a tradition of the Masonic fraternity to honor outstanding non - Masons who have distinguished themselves through service to the community, the local, state or national government, their churches or to humanity; and WHEREAS, the award is presented to individuals who, although never initiated into Masonry, demonstrate the same precepts and values of belief in God, service to mankind and personal character established for Masonic behavior; and WHEREAS, after conducting a diligent evaluation of local citizens worthy of this award, the Smithfield Lodge has selected John Pitstick, Director of Planning & Development for the City of North Richland Hills, as the recipient of the 2009 Community Builder Award; and WHEREAS, Mr. Pitstick has more than 30 years of experience in municipal government, having served the cities of Hurst, Wylie, Arlington, Lancaster and Irving, before coming to the City of North Richland Hills; and WHEREAS, as Director of Planning & Development, Mr. Pitstick oversees North Richland Hills' building inspections, planning and zoning activities, gas well permitting, comprehensive planning and strategic development; and WHEREAS, in recent years he has been instrumental in planning for the revitalization of Boulevard 26, the expansion of Loop 820 and for two future commuter rail stations in North Richland Hills, all of which will improve the quality of life in the community; and WHEREAS, the City of North Richland Hills appreciates the Masonic Lodge for its continued service to the community and for its tradition of recognizing local community builders. NOW THEREFORE, be it resolved that the City of North Richland Hills recognizes John Pitstick as recipient of the 2009 Community Builder Award from Smithfield Masonic Lodge #455. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 16th day of May 2009. Oscar Trevino, Mayor CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -18 -2009 Presented by: Agenda No. A.6 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF NORTH RICHLAND HILLS Department: 'City Secretary Presented by: Subject: Removal of Items) from Consent Agenda Council Meeting Date: 5 -18 -2009 Agenda No. A.7 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -18 -2009 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -18 -2009 Presented by: Agenda No. B.1 Subject: Approval of Minutes of May 11, 2009 City Council Meeting Recommendation: To approve the minutes of the May 11, 2009 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 — MAY 11, 2009 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 11th day of May, 2009 at 5:00 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 Tem, 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 present at 5:35 p.m. Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Karen Bostic Assistant City Manager Jimmy Perdue Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director JoAnn Stout Neighborhood Services Director Debbie York Neighborhood Services Mgr. present at 6:28 p.m. Dave Pendley Building Official Greg VanNeiuwenhuize Public Works Assistant Director Caroline Waggoner Engineer Associate Craig Hulse Economic Development Director Andy Kancel Assistant Police Chief Bill Thornton Park and Recreation Assistant Director Sean Hughes Emergency Management Coordinator Chris Amarante Facilities and Construction Director. Patrick Hillis Human Resources Director Jamie Brockway Purchasing Manager Kristin Weegar Marketing and Research Coordinator A.0 Call to Order Mayor Trevino called the work session to order at 5:01 p.m. and recognized Austin Nolan Pratt, recipient of the "Mayor for a Day" fundraiser at Walker Creek Elementary. A.1 Discuss Items from Regular City Council Meeting None. Mayor Trevino introduced Scott Reilly, CEO and Benjamin J. Allatt of Affion Public search firm who is conducting the search for a City Manager. A.2 IR 2009 -048 Update on North Tarrant Parkway Caroline Waggoner, Engineer Associate presented a PowerPoint presentation updating Council on the status of the North Tarrant Parkway Project. The North Tarrant Parkway Project is a joint project between the Cities of North Richland Hills and Keller. Until recently the project also included TxDOT involvement, but both cities pursued a defederalization of the project. While the defederalization of the project did result in the loss of federal grant money available for engineering design, the overall impact of this funding shift is positive. At this point, the project design is nearing completion, with acquisition of right -of -way (ROW) and landscape design being the current steps in the process. The ROW needed in North Richland Hills is limited to four corner -clips on undeveloped tracts at the Smithfield intersection and a small portion of a rear yard. Appraisals are underway at this time. The consultant is also developing a landscape plan, having met with the Parks Department for guidance on the City's vision for this corridor. In the mean time, the City's consultant is proceeding with the final design of the roadway, and construction is currently scheduled to begin in early 2010. A.3 IR 2009 -038 Update on State Leqislation Karen Bostic, Assistant City Manager updated Council on various bills being tracked by the City during the 81St legislative session. Ms. Bostic highlighted the status of the following bills: • HB 9 & SB 855 — Transportation Funding (TLOTA) • HB 2639 —Red Light Camera Prohibition • HB 300 — TxDOT Sunset • HB 5 & SB 544 — Statewide Smoking Ban • HB 980 & HB 1376 —Sales Tax Allocation Changes (Place of Business) • HB 3222 & SB 1947 —Joint TIFs • SB 700 — Rollback Rate Changes (Property Taxes) • SB 792 & HB 2879 —Sales Tax — Special Districts • SB 1570 —High Speed Rail A.4 IR 2009 -045 Neiqhborhood Revitalization Program Larry J. Cunningham, City Manager spoke briefly on the city's significant growth in the recent years including the addition of many quality neighborhoods, parks and trails, new library, increased street improvements, expanded public safety services and retail /business development. The City seeks to further improve the quality of life in our community by preparing a strategy for developing the remaining vacant land and improving the quality of older areas and infrastructure. A multi - department committee was formed to address issues such as quality development and the revitalization of older neighborhoods. Mr. Cunningham turned it over to the committee members to update the Council on the program. First, Craig . Hulse, Economic Development Director presented a PowerPoint presentation. In reviewing the overall conditions of the City, the committee has divided the City into eight (8) quadrants. Target Area #1 (located south of Loop 820, east of Rufe Snow Drive and west of Boulevard 26) was selected first as it encompasses the original town site. It is naturally a more mature area and has a number of aging homes with varying conditions. Most are in good condition but some are not and those houses not being as well cared for could affect the area negatively if not properly and timely addressed. This part of our city already has tremendous appeal with its convenient location, access to major transportation systems, schools, quick access to DFW Airport, and many other services and venues. Mature areas have a history of changing, and the committee's idea is to keep our mature areas in optimum condition and attractive for homeowners and businesses. Second, John Pitstick, Planning and Development Director continued the PowerPoint presentation briefing Council on continued programs and completed projects that are improving the City. Highlights include: Completed Projects: • Street Maintenance Completed = $380,683 • CI P Street Projects Completed = $3,000,000 • CIP Utility Projects Completed = $150,479 • JoAnn Johnson Trail = $753,600 • TOTAL COMPLETED = $4,284,762 Continued Pro'e�cts_ • Neighborhood LOOKS Program • CDBG Projects • Solid Waste Ordinance Amendment • Zoning Ordinance Amendment - Fence Materials • Residential Rental Property Standards Program • Crime Free Multi- Housing • Neighborhood Crime Watch • Sign Removal Program • Blvd. 26 Intersection Improvements at Roger Line Rd. • Rufe Snow/ Glenview Intersection Concept Study • Intersection improvements in conjunction with Planning and Public Works • TI F 1 Expansion and burial of utilities • Dual City TIF Legislation • Boulevard 26 Multi -Use Trail & Pedestrian Bridge • CIP Street Projects Continuing • CIP Utility Projects Continuing • Commercial Redevelopment Program • The Business Improvement & Growth Program - B.I.G. Participants - Businesses that have shown interest in B.I.G. - Targeted for B.I.G. businesses Last, JoAnn Stout, Neighborhood Services Director continued the PowerPoint presentation and briefed Council on future revitalization projects. Highlights include: Future Improvement Projects_ • Major gateway connections - signs • Development Standards • Code Rangers Program • Volunteer Work Days • Benchmark Program • Future CIP Street Projects • Future CIP Utility Projects • Sidewalk Project • Enterprise Land Management- Possible Land Acquisition • Protected Neighborhoods • Transitional Neighborhoods • Proposing encouragement of areas for mixed uses and commercial uses Address Unoccupied Commercial & Accessory Buildings • Review and work un- occupied commercial buildings that have not shown diligence in keeping their building up to standard through the Substandard Building Board Process • Future Amendments to ordinance may be required • This program will prompt owner to make the needed repairs and promote the BIG Program • Accessory buildings are continuing to be addressed as well Revitalization of Neighborhoods Part 1: Expanding Neighborhood Improvement Program • Develop a committee to oversee CDBG and Home Funds • Review all applications for CDBG and Home Funds • Encourage citywide partnership with non - profits, BISD, North Hills Hospital, and other businesses to develop a program partnership of volunteers • Program partners volunteer work will go towards City's 25% match on Home Funds • City staff will monitor all current and future projects submitted to TCHD to ensure (federal funding) entitlement monies are spent in the most beneficial and efficient manner Part 2: Establish program to assist citizens that do not qualify for federal grants for home repairs • Qualifying homeowners must have an annual income slightly above HUD Income Guidelines and/ or have other circumstances such as: elderly, physically or mentally disabled, single parent, or caring for a spouse /parent • City will provide a 25% matching fund for all upgrades and repairs to the home • Program partners will assist City with 25% match • Current appraised value of home according to Tarrant Appraisal District cannot exceed $120,000 Part 3: Exterior Remodeling Incentive Program • Available to all NRH citizens • Cash incentives will be given to homeowners who make exterior improvements to their homes • The amount of cash bonus will be based on the total amount of repairs • Repairs are not limited to the home itself, it may include: driveways, garages, sprinkler systems, fencing and landscaping Revitalization of Neighborhoods: • Community Reusable Resource Warehouse (CRRW) • The Building will facilitate the donation of building materials, business equipment/furniture, and school supplies that are no longer needed by local companies and residents • Equipment and materials will be made available to NRH residents, non- profit organizations and schools free of charge Neighborhood Revitalization Kickoff Event: • Place door hangers at each home in Target Area 1 inviting homeowners to the event • Additional information will be included outlining incentive plans and Council goals • Home Depot has committed $1,500 in renovating a house on Cummings • In addition to, staff may request utilizing the $15,000 allocated for the Neighborhood LOOKS program to be put toward the remodel • Hold 2 stakeholder meetings with residents in target area 1 • Home Depot will remodel home in Target Area 1 to start program off and initiate community involvement • Determine a date for kickoff event • Invite City Council, churches, businesses, BISD, City staff and committee members to the event • Publicize the event to newspaper and provide news release for potential coverage by news programs Timeline 1 -3 Months Amendments to Ordinances & Rental Program Mid Year Budget (Review Funding for Future Programs) 3 -6 Months Stakeholder Meetings for Target Area 1 Door -to -Door Marketing in Target Area 1 Kick -Off Event Volunteer Work Days Complete Inspections of Vacant Commercial Buildings 6 -9 Months New Program Funding Available Begin All Programs 1 Year Benchmarking Long -Term Revitalization & Marketing Plan The Neighborhood Revitalization Multi- Department Committee has provided immediate action items to begin the revitalization initiatives for our neighborhoods by proposing the implementation of several new programs. Further, long -range discussions will continue with the committee and portions will periodically be brought back to Council for further discussion and direction. Funding for these programs will be addressed during the Mid - Year Budget discussions. A.5 IR 2009 -047 Facility Master Plan Update Jimmy Perdue, Assistant City Manager presented a PowerPoint presentation updating Council on the Facility Master Plan. As a part of the Facility Master Plan project, the Beck architectural group conducted an evaluation of the city owned facility located at 4131 Rufe Snow Blvd. This building, which was previously occupied by a Food Lion grocery store, was purchased by the City in October, 2003 with the plan to make this a public facility specifically for library and recreational services. The Beck group provided the City with three options to consider for the long term use of the location. • Modify the existing structure into a municipal use facility • Convert the location into a city park facility • Sell the property After a brief discussion and questions by the Council, the consensus was to proceed with the original plan of a municipal use facility with a possible dog park. Council requested that staff bring the item back for further evaluation. A.6 Adjournment Mayor Trevino announced at 6:40 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 May 11, 2009 at 7:00 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 Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples 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 Managing Director City Secretary Assistant City Secretary Attorney A.1 INVOCATION Councilwoman Compton gave the invocation. A.2 PLEDGE OF ALLEGIANCE Mayor for the Day Austin Nolan Pratt led the pledge of allegiance. Mayor Pro Tern Turnage presented Austin Pratt with a certificate recognizing him as "Mayor for the Day ". A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) PROCLAMATION FOR NATIONAL PUBLIC WORKS WEEK PRESENTED BY COUNCILMAN WHITSON. Councilman Whitson presented a proclamation to the Public Works Department staff for National Public Works Week. Mike Curtis, Managing Director acknowledged the Public Works staff and thanked them for all their hard work. A.4 SPECIAL PRESENTATION(S) AND RECOGNITION(S) PROCLAMATION FOR MOTORCYCLE SAFETY AND AWARENESS MONTH PRESENTED BY MAYOR PRO TEM TURNAGE. Mayor Pro Tern Turnage presented a proclamation to members of the Patriots Motorcycle C.lub proclaiming the month of May as Motorcycle Safety and Awareness Month. A.5 SPECIAL PRESENTATION(S) AND RECOGNITION(S) PROCLAMATION RECOGNIZING THE TEXAS BRAHMAS FOR THEIR SUCCESSFUL 2008 -2009 SEASON PRESENTED BY COUNCILMAN WELCH Councilman Welch presented a proclamation to the Texas Brahmas players, managers and coaches proclaiming May 11, 2009 as "Texas Brahmas Day" in the City of North Richland Hills. The Council congratulated the Texas Brahmas for winning the Central Hockey League's President's Cup and being named the 2009 CHL Champions. A.6 CITIZENS PRESENTATION Sarah Blackmon, 6020 Parker Boulevard #2311 expressed her concerns with the lack of sidewalks at the Venue. The Venue was presented as a pedestrian friendly development with amenities within walking distance and with the lack of sidewalks at the complex it makes it difficult to get to each amenity. Mayor Trevino asked Mike Curtis, Managing Director to assist Ms. Blackmon with her concerns and update her on the upcoming changes. None. A.7 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF APRIL 27, 2009 CITY COUNCIL MEETING B.2 PW 2009 -019 AWARD BID 09 -018 FOR THE PUMP REPLACEMENT — WELL #4 (COLLEGE HILL) PROJECT TO FELDERHOFF BROTHERS DRILLING IN THE AMOUNT OF $172,500 B.3 PU 2009 -020 AWARD BID NO. 09 -020 FOR TENNIS COURT RESURFACING TO AMERICAN TENNIS COURTS IN THE AMOUNT OF $64, 989 MAYOR PRO TEM TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN B►ARTH SECONDED THE MOTIOW MOTION TO APPROVE CARRIED 7 -00 PUBLIC HEARINGS C.1 SUP 2009 -02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CHESAPEAKE OPERATING, INC. FOR A SPECIAL USE PERMIT FOR A GAS DRILLING AND PRODUCTION SITE ON TRACT Al OF THE NORTHEAST CAMPUS ADDITION OF TARRANT COUNTY COLLEGE LOCATED AT 828 W. HARWOOD ROAD — ORDINANCE NO. 3051 APPROVED Mayor Trevino opened the public hearing and called for the applicant to come forward. Norman Herrera, 100 Energy Way representing Chesapeake Energy came forward. Mr. Herrera summarized the request and was available to answer any questions the Council might have. John Pitstick, Planning and Development Director presented the item. Chesapeake Energy has made application for a Special Use Permit (SUP) for a 3.2 acre gas drilling and production pad site on Tarrant County College (TCC) Northeast Campus property. Chesapeake has received permission from the Tarrant County College District to construct this pad site and to drill up to 12 gas wells from this site. The site within TCC property is generally located near the intersection of Boulevard 26 and Harwood Road. Chesapeake has previously received similar approval from the City of Hurst for a drilling site on the TCC NE campus. The SUP process provides for a land use to occur within a zoning district that would not otherwise have been allowed by right. Such uses may warrant the consideration of special conditions to reduce adverse effects on adjacent or surrounding properties. For this particular request, the City can require additional stipulations beyond the regulations in Chapter 104: "Gas Well Drilling and Production" of the City Code to enhance visibility and aesthetics. City staff has requested additional enhancements and Chesapeake is proposing to provide some of these enhancements before they are typically required to be installed. In addition Chesapeake is proposing to install more than the minimum amount of landscaping at this location. The Planning and Zoning Commission recommended approval by a 6 -0 vote with a stipulation that a note on the site plan to clarify that dust prevention and control must be applied twice a year or as required by the Gas Inspector. Mayor Trevino called for anyone wishing to speak in favor of the request to come forward. David L. Hoelke, Director of System Infrastructure and Energy at Tarrant County College came forward. He was in favor of the environmentally friendly project and was excited that the project would bring funds for student scholarships. Mayor Trevino called for anyone wishing to speak against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN WELCH MOVED To APPROVE SUP 2009 -02; ORDINANCE No. 3051. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED f PP1 - COUNCILMAN SAPP VOTING AGAINST. PLANNING & DEVELOPMENT D.0 Items to follow do not require a public hearing There are no items for this category. PUBLIC WORKS E.1 PU 2009 -012 APPROVE A BUDGET REVISION AND AN AMENDENT TO THE EXISTING INTERLOCAL AGREEMENT FOR DESIGN SERVICES FOR THE NORTH TARRANT PARKWAY STREET IMPROVEMENTS PROJECT APPROVED Greg VanNieuwenhuize, Public Works Assistant Director summarized the item. The current North Tarrant Parkway Street Improvements Project (the "Project ") is a continuation of the first phase of the reconstruction of North Tarrant Parkway which was from Precinct Line Road west to west of Davis Boulevard. The current Project (ST0201) extends this reconstruction from west of Davis Boulevard (endpoint of the first phase) west to Whitley Road in Keller. The Project provides for the widening and reconstruction of 20,000 linear feet of roadway from a two -lane section to a six -lane concrete section. Also included in the Project's design is the installation of pavers, berms, trees, shrubs, irrigation and street lighting. The section of the Project located in the City of North Richland Hills ( "NRH ") will be constructed to NRH standards and the section in the City of Keller ( "Keller ") will meet Keller standards. During the course of the Project's design, NRH and Keller staffs were becoming increasingly concerned about the escalating construction costs, much of which appeared to be attributed to the Project having to comply with federal regulations (TxDOT's standards). In order to expedite the Project, Tarrant County has offered to increase their funding obligations from $7,495,000 to $14,095,000 — an increase of $6,600,000. This additional funding ($6,600,000) while less than the amount that was obligated by federal funds ($7,292,800) will allow the Project to move forward due to the anticipated savings in construction costs. Upon obtaining Tarrant County's commitment of additional funding, staff .began the defederalization process with TxDOT. In January of this year, J the Project was formally defederalized. The overall impact of these changes is a decrease in the Project's total cost of $3,116,950, bringing the Project total to $24,240,550. This total cost includes $14,095,000 in Tarrant County Grant money and $4,185,550 in participation from Keller. The Amendment to the original Interlocal Agreement was drafted through mutual effort by both Cities' staffs and legal counsels. The Amendment establishes the reimbursement amounts due to TxDOT per defederalization, but leaves the remaining provisions of the original Interlocal Agreement intact to cover the remainder of the engineering design phase of the Project. Staff recommends approval of the Budget Revision and the Amendment to the existing Interlocal Agreement for design services for the North Tarrant Parkway Street Improvements Project and authorize the City Manager to execute the Amendment. COUNCILWOMAN COMPTON MOVED TO APPROVE PW 2009 -012. COUNCILMAN SAPP SECONDED THE MOTION* MOTION TO APPROVE CARRIED 7 -0. E.2 PW 2009 -013 APPROVE A NEW INTERLOCAL AGREEMENT FOR CONSTRUCTION FOR THE NORTH TARRANT PARKWAY STREET IMPROVEMENTS PROJECT APPROVED Greg VanNieuwenhuize, Public Works Assistant Director summarized the item. As stated in the previous agenda item, the initial Interlocal Agreement covered cost - sharing for engineering design only. This new Interlocal Agreement outlines the Project's construction administration responsibilities and the manner in which these construction costs will be divided between the City of North Richland Hills and Keller. The City Council for the City of Keller approved the Interlocal Agreement on April 21, 2009. Staff is recommending approval of the Interlocal Agreement for construction for the North Tarrant Parkway Street Improvements Project (ST0201) and authorize the City Manager to execute the Interlocal Agreement. COUNCILMAN WELCH MOVED TO APPROVE PW 2009 -013. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -04 Mayor Trevino advised that Tarrant County Commissioner Gary Fickes was instrumental in getting this project moving and the City was very appreciative of his efforts. GENERAL ITEMS F.1 GN 2009 -025 CONSIDER ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE AND SALE OF $5,695,000 "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION BONDS, SERIES 200991, DATED MAY 1, 2009, INCLUDING THE RECEIPT OF BIDS THEREFORE AND THE ADOPTION OF ORDINANCE NO. 3050 AUTHORIZING THE ISSUANCE OF SUCH BONDS APPROVED Larry Koonce, Finance Director presented the item. A bond sale was held for Monday, May 11, 2009. The sale included $5,695,000 in General Obligation Bonds. The total amount will be used for street projects: $150,000 for Douglas Lane (Hightower to Starnes), $2,260,000 for North Tarrant Parkway (Davis to Whitley), $2,490,000 for Rufe Snow Drive street and utility improvements (Mid- Cities to Hightower), $235,000 for Shady Grove Road (Davis to Clay - Hibbins), $70,000 for Briley Drive (Lariat Trail to Rufe Snow Road), $100,000 for Cloyce Court (Northeast Loop 820 to Maplewood Ave.), $100,000 for Colorado Blvd. (Boulevard 26 to Harwood Rd.), $80,000 for Mackey Drive (Briley Dr. to Glenview Dr.), $140,000 Trinidad Drive (Rufe Snow Dr. to Holiday Lane), and $70,000 for Yarmouth Avenue (Mid- Cities Blvd. to Newcastle PI.). Rating conferences with Standard and Poor's and Moody's were recently held. The City received General Obligation Bond ratings from both Moody's Investors Service and Standard and Poor 's. Moody's has reaffirmed the Aa3 rating with a stable outlook, and Standard and Poor 's has reaffirmed the AA rating with a stable outlook. Mr. Koonce introduced David Medanich, First Southwest Company, Financial Advisory firm. Mr. Medanich gave a brief summary on the bid process and how the bid packets were put together for Council. The lowest bonds were offered by FTN Financial Capital Markets at a true interest cost of 3.935005% for the General Obligation Bonds, Series 2009 and the. lowest bonds were offered by Morgan Keegan & Company, Inc., at a true interest cost of 3.897877% for the Tax and Waterworks and Sewer System Revenue Certificates of Obligation, Series 2009 (next item). COUNCILMAN WHITSON MOVED TO APPROVE GN 2009 -02:5 AND ADOPT ORDINANCE NO. 3050 APPROVING THE BID AND ISSUANCE OF $5,695,000 `CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION BONDS,: SERIES 2009 ". MAYOR PRO TEM TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -01t F.2 GN 2009 -026 CONSIDER ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE AND SALE OF $6,205,000 "CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 200911, DATED MAY 11 2009, INCLUDING THE RECEIPT OF BIDS THEREFORE AND THE ADOPTION OF ORDINANCE NO. 3049 - AUTHORIZING THE ISSUANCE OF SUCH CERTIFICATES OF OBLIGATION APPROVED Lar ry Koonce, Finance Director presented the item. On March 23rd, City Council authorized the City Secretary to publish by April 4, 2009 a notice in a newspaper of general circulation of the intent of the City to issue Certificates of Obligation. Notices were published in accordance with State law. The sale of $6,205,000 in Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation for the fire quint replacement, utility water and wastewater projects, drainage projects, and NRH2O strategic plan projects will be completed on May 11, 2009. The City received Certificates of Obligation ratings from both Moody's Investors Service and Standard and Poor's. Moody's has reaffirmed the Aa3 rating with a stable outlook, and Standard and Poor's has reaffirmed the AA rating with a stable outlook. The City Council is requested to approve Ordinance No. 3049 approving the bid and issuance of certificates of obligation and authorizing all necessary actions such as paying agent/registrar agreement. (Mr. Medanich discussed the bids received during the previous item F.1). COUNCILMAN SAPP MOVED TO APPROVE G N 2009 -026 AND ADOPT ORDINANCE No. 30:49 APPROVING THE BID AND ISSUANCE OF "CITY OF NORTH RICHLAND HILLS, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION:, SERIES 200911, AND APPROVING AND AUTHORIZING THE EXECUTION OF A PAYING AGENTIREGISTRAR AGREEMENT AND A PURCHASE CONTRACT IN RELATION TO SUCH OBLIGATIONS AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT. COUNCILWOMAN COMPTON SECONDED THE. MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 GN 2009 -027 NOMINATION FOR VACANCY ON TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS, RESOLUTION NO. 2009 -016 APPROVED Karen Bostic, Assistant City Manager presented the item. There is a vacancy on the five member Tarrant Appraisal District Board of Directors as a result of the passing of Harold Patterson. Section 6.03(1) of the Tax Code provides the method by which a vacancy should be filled. It states that if a vacancy occurs on the board of directors, each taxing unit that is entitled to vote may nominate, by resolution adopted by its governing body, a candidate to fill the vacancy. The Chief Appraiser will compile a list of the nominees and present this list to the board of directors, who then elect by majority vote of its members one of the nominees to fill the vacancy. Members of the board of directors serve two -year terms beginning on January 1 of even - numbered years. A request has been made by Richard Davis and the Birdville Independent School District Board of Trustees that the City of North Richland Hills nominate Tommy Brown to fill the position vacancy. BISD Trustees also nominated Mr. Brown. Staff is recommending approval of Resolution No. 2009 -016 nominating Tommy Brown to fill the vacancy. MAYOR PRO TEM TURNAGE MOVED TO APPROVE RESOLUTION No. 2009016. COUNCILMAN: WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 GN 2009 -028 CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN AN UPDATED RADIO AGREEMENT WITH THE CITY OF FORT WORTH TO CONTINUE PUBLIC SAFETY RADIO SERVICE APPROVED Sean Hughes, Emergency Management Coordinator presented the item. Currently the City of North Richland Hills is participating in an agreement with the City of Fort Worth related to the Public Safety Radio system. Each of the 800 MHz Public Safety radios which are owned by the City of North Richland Hills will go through a rebanding process to update and retune each radio. These radios utilize the City of Fort Worth's radio system and the City of North Richland Hills pays an annual fee to operate our Public Safety radios on this system. A new agreement has been submitted by the City of Fort Worth in conjunction with this rebanding project. Specific changes to the agreement include: • Specifically define who specifically owns the various pieces of radio equipment. • Specify the approved equipment that shall be on each radio. • Specify the standard talk groups that are required to be in each radio in order to maintain radio interoperability across the state. COUNCILMAN LEWIS MOVED TO APPROVE GN 2009 -028. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.5 GN 2009 -029 CONSIDER APPOINTMENT FOR ECONOMIC DEVELOPMENT ADVISORY COMMITTEE APPROVED Craig Hulse, Economic Development Director presented the item. Given the recent purchase of the Alan Young GM dealership by the Allen Samuels Auto Group, an opportunity has presented itself to the City and to the Economic Development Advisory Committee (EDAC). Our current automotive dealership representative, Mrs. Trish Myers of Alan Young GM, has stepped down due to the dealership sale and her taking up employment with the Freeman Auto Group. As such, staff recommends Mr. Thomas Hervey, President & General Manager of Allen Samuels Dodge and Hyundai to the committee. Mr. Hervey is grateful for such an appointment and agrees to finish out the automotive dealership category term that expires August 2009, but is also interested in reappointment. COUNCILWOMAN COMPTON MOVED To APPROVE GNI 2009 -0`29 APPOINTING MR. THOMAS HARVEY TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE WITH TERM TO EXPIRE. AUGUST I 2009. COUNCILMAN EARTH SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7 -04 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA There are no items for this category. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Sapp made the following announcements. The 3rd Annual Generation Next Art Exhibit will be on display at the North Richland Hills Public Library from May 14th through May 22nd. The exhibit includes works by high school students and teachers from Birdville ISD. For more information, please call 817- 427 -6620. NRH2O opens for the 2009 season on Saturday, May 16th. Please visit nrh2o.com for a complete park schedule and details on all of the exciting special events planned for the summer including fireworks, Dive -In Movies, and more! For more information, you can also call 817 - 427 -6500. Because of the Memorial Day Holiday, the May 25th City Council Meeting has been moved to May 18th. The meeting will begin at its usual time of 7 p.m. here in the City Council Chambers. Kudos Korner - Christopher Jungst, Kent Carter, David Birdsong, David Nock and Jeffrey Stone, Fire Department. A resident e- mailed thanks to the employees from Fire Station #2 who transported him to the hospital after he fell and injured his knee. The resident said their professionalism, teamwork and attention to detail was very impressive. Their humor and good spirit also helped to ease the pain. He was very appreciative and thankful for their outstanding service. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:27 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 5 -18 -2009 Presented by: Gregory Van Nieuwenhuize Agenda No. B.2 Subject: PW 2009 -014 Approve an Interlocal Agreement with Tarrant County for the Maintenance of North Tarrant Parkway (1800 feet west of Davis Boulevard to 2900 feet west of Smithfield Road) Tarrant County requires an annual interlocal agreement for all County owned roadways that are located within the city limits of a city. The annual maintenance agreement for North Tarrant Parkway is required in order to clearly define responsibilities between the County and the City. The interlocal agreement provided is similar to the previous maintenance agreements for North Tarrant Parkway. The County intends to maintain the section of North Tarrant Parkway that they constructed which is the portion from 1800 west of Davis Boulevard to 2900 feet west of Smithfield Road. The City will be required to maintain the section of North Tarrant Parkway from 1800 feet west of Davis Boulevard to Precinct Line Road. This section of North Tarrant Parkway is the section that was previously improved with a concrete section. The key points outlined in the agreement are summarized below: 1. Tarrant County agrees to provide routine repair and maintenance of the existing roadway surface and right -of -way on North Tarrant Parkway from 1800 feet west of Davis Boulevard to 2900 west of Smithfield Road (North Richland Hills city limits). 2. Tarrant County agrees to provide all labor, equipment, and materials necessary to repair and maintain the roadway surface and right -of -ways. 3. North Richland Hills agrees to provide and maintain all pavement markings, signs, and signals. 4. North Richland Hills agrees to maintain the approaches to the roadway. 5. North Richland Hills agrees to continue policing responsibilities related to the roadway. The City's responsibilities are not new. The City has been responsible for these same items in the past. Recommendation: To approve an Interlocal Agreement with Tarrant County for the maintenance of North Tarrant Parkway (1800 feet west of Davis Boulevard to 2900 feet west of Smithfield Road) and authorize the City Manager to execute such agreement. a d O�G A a L� LOCATION MAP FOR LIMITS OF COUNTY MAINTENANCE ON NORTH TARRANT PARKWAY NL MAP PREPARED BY NRH PUBLIC WORKS DEPARTMENT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS INTERLOCAL AGREEMENT This Agreement is made and entered into this day of . . . ............... ....... .... . ... 2009, by and between the County of "Tarrant, acting herein by and through its governing body, the Commissioners Court, hereinafter referred to as COUNTY, and the City of NORTH RK"FILAND HILLS, acting herein by and through its governing body, hereinafter referred to as CITY, both of Tarrant County, State of Texas, witnesseth: W14l`Rf`.AS, this Agreement is made under the authority of Sections 791.001- 791.029, "Fexas Government Code-, and WHEREAS, each governing body, in performing governmental functions or in paying for the -performance of governmental functions hereunder. shall make that performance or those payments from current revenues legally available to that party; and WFIFREIAS, each governing body finds that the subject of this Agreement is necessary for the benefit of the public and each has the legal authority to perform and to provide the governmental function or service which. is the subject matter of this Agreement-, and W1-IERF,.AS, each. governing body finds that the performance of this Agreement is in the common interest of both parties and that the division of costs fairly compensates the performing erformin 9 party for the services or functions under this Agreement; and Wffl.Rt AS, each governing body agrees to share in the cost of the services described below. NOW TI-11 . '.,REFORE, the COUNTY and CITY agree as follows: The CO1JN'FY agrees to provide routine repair and maintenance of' the existing roadway surface and right-of-way on North Tarrant Parkway, from 1800 feet west of FM 1938 (Davis Boulevard) to 2900 feet west of Smithfield Road (North Richland 1-lills City Limits). The services provided by this contract shall include mowing, crack sealing and pothole repair. 'Phis repair and maintenance will not include comprehensive rehabilitation or reconstruction. 1) The COUNTY agrees to provide all labor, equipment and materials necessary to repair and maintain the roadway surface and right-of-way, as specified in paragraph L of this Agreement. The CFFY agrees to maintain all approaches to the roadway. 4. The CH"Y agrees to provide and maintain all pavement markings, signs and signals. 5. The CITY agrees to continue all policing responsibilities related to the roadway. 6. Nothing in the performance of this Agreement shall impose any liability for claims against the COUN"FY other than claims for which liability may be imposed by the Texas Tort Claims Act. 7. Nothing in the performance of this Agreement shall impose any liability For claims against the CITY other than claims for which liability may be imposed by the "Texas Tort Claims Act. 8. The parties to the Agreement do not intend for any third party to obtain a right by virtue of this agreement. - 9. Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create aJoint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever. 10. CITY agrees that the COUNTY is relying on the CITY for notice ol'when to proceed with this project, but this Agreement does not require the County to do this project within any particular time frame. in By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. 12. This Agreement shall automatically terminate upon execution. of the construction contract to widen North Tarrant Parkway or one (1) year from the date of this agreement, whichever is first. (-"ITY Authorized City Official ATTEST: CFFY APPROVE[) A5 TO FORM AND LEGALITY TARRANT COUNTY B. Glen Whitley, County Judge ATTEST: COUNTY: Gary Fickes, County Commissioner, Pct 3 *APPROVED AS TO FORM: District Attorney * By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely -for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). CITY OF NORTH R/ CHLAND HILLS Department: Finance Presented by: VLoftice /LKoonce Council Meeting Date: 5 -18 -2009 Agenda No. B.3 Subject: PU 2009 -021 Award Bid # 09 -022 for Aquatic Chemicals to FSTI Inc. in an Amount Not To Exceed $62,150 and Valley Solvents &Chemicals in an Amount Not to Exceed $3,780 Staff has requested and received bids for the supply of pool chemicals for NRH2O Family Water Park. The chemicals are utilized for sanitizing and balancing the approximately 925,000 gallons of treated pool water at NRH2O. The two major chemicals utilized for sanitation are Sodium Hypochlorite (NaOCI) and Muriatic Acid (HCI). An additional minor chemical, Calcium Hypochlorite (CaOCI) is also included in the bid. Notice of the City's intent to bid was advertised in the local newspaper as required by State Statute; and posted on the City's website. Notice of the City's intent to bid was sent to seven (7) vendors requesting them to participate in this bid process. Four (4) bids were received and the results are listed below: Quantity (1) Sodium Hypochlorite 55,000 gal Muriatic Acid 2,100 gal Calcium Hypochlorite 500 pounds D. C. C., Inc. $681200.00 $41725.00 $17299.20 FSTI Inc. $62,150.00 $4,347.00 No Bid Simply Aquatics Inc. $68,750.00 $5,670.00 $1,162.00 Valley Solvents & Chemicals $987450.00 $3,780.00 $17113.00 Based on low bid pricing, staff recommends the bid for Sodium Hypochlorite be awarded to FSTI, Inc. and the bid for Muriatic Acid be awarded to Valley Solvents & Chemicals. The expenditure for the Calcium Hypochlorite is minimal each year and staff recommends not awarding this bid. Both companies will be new suppliers to NRH20. Founded in 1998, FSTI, Inc. is based in Austin, Texas and works with organizations such as Texas Instruments, Exide and International Extrusions. They are currently building a plant in Greenville, Texas which should be operational in July of this year. Valley Solvents & Chemicals was founded in 1952, has offices in Fort Worth, Texas and currently is working with City of Fort Worth, Bell Helicopter and ECS Refining. With anticipated weather and guest attendance, staff projects that approximately 55,000 gallons of Sodium Hypochlorite will be used to treat the pools. According to the bids, FSTI, Inc. submitted a rate of $1.13 per gallon with the next lowest bid price being submitted by DCC Inc. at $1.24 per gallon. Approximately 2,100 gallons of Muriatic Acid is needed with Valley Solvents &Chemicals submitting a rate of $1.80 per gallon and the next lowest bid price being submitted by FSTI, Inc. at $2.07 per gallon. Recommendation: To award Bid # 09 -022 for Sodium Chlorite to FSTI Inc. in an Amount Not to Exceed $62,150 and award Bid # 09 -022 for Muriatic Acid to Valley Solvents &Chemicals in an Amount Not to Exceed $3,780. CITY OF NORTH RI CHLAND HILLS Department: City Secretary Council Meeting Date: 5 -18 -2009 Presented by: Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 5 -18 -2009 Presented by: Eric Wilhite Agenda No. C.1 Subject: TR 2009 -01 Public Hearing and Consideration of amendments to the North Richland Hills Zoning Ordinance. Amendments include: 1) Adding a new Subsection (g) "Prohibited fencing material" to Section 118 -873, 2) Amending Subsection (a) "Roof - mounted mechanical equipment" in Section 118 -877, and 3) Amending table in Section 118 -394 "Lot and area requirements" in the 0-1 Office District - Ordinance No.3052 Zoning case TR- 2009 -01 is a Public Hearing to consider these three amendments to the North Richland Hills Zoning Ordinance Section 118. 1) Section 118- 873(g), added section "Prohibited fencing material." 2) Section 118- 877(a), "Mechanical equipment screening for nonresidential uses and nonresidential zoning" 3) Section 118 -394, "Lot and area requirements." Amending the requirements for O- 1 (office) zoning district. Staff Summary: The three proposed amendments to Chapter 118 "Zoning" listed above are being brought forward for consideration in order to clarify and to further address issues that have occurred with the existing ordinances. Amendment 1) Section 118- 873(g), added section "Prohibited fencing material." Recent discussions with the Planning and Zoning Commission took place regarding staff s response to the need to create a provision in the zoning ordinance that addresses those materials and products used in the construction of fences. The current ordinance regulates height and other items but does not clearly define the type of materials that are not desirable as fencing material. The less desirable materials are not aesthetically acceptable and are usually less durable since in many situations the materials were not specially manufactured for use as a fencing product. The proposed ordinance will establish a list of prohibited fencing materials as well as establishing the general spirit of those materials that may not be used but might be considered by someone for use. Proposed prohibited fencing materials: • Sheet/corrugated metal • Plywood • Unfinished Concrete Masonry Unit block • Other materials not manufactured or designed for the primary purpose of fence construction Amendment 2) Section 118- 877(a), "Mechanical equipment screening for nonresidential uses and nonresidential zoning" An amendment to Section 118- 877(a) is being requested because staff believes, as it is currently written, the ordinance provision has not allowed the City's ability to adequately address mechanical equipment located on the roofs of nonresidential projects and truly accomplish the spirit and intent of the ordinance. By amending the wording staff will be able to better address the screening of such equipment from public rights -of -way (street views). Many times this equipment is still very visible despite the current ordinance because it technically only requires screening of the equipment so that it can not be seen from the front view. In many situations this leaves the equipment visible from other angles based on lot configuration or surrounding streets. The ordinance will revise how "public view" is determined. Currently it states "from the front property line," and is being proposed to be amended to state "determined from any and all points of subject property. where views from public street rights -of -way exist or occur." Amendment 3) Section 118 -394, "Lot and area requirements." Amending the requirements for 0-1 (office) zoning district. Currently in the 0-1 office zoning district development standards there is no minimum lot size, width, or depth established. Staff reviewed similar standards of surrounding cities and found that most cities have minimum standards pertaining to lot sizes in the office zoning district. Staff believes that by adding these minimum standards for the 0-1 office zoning district it will facilitate better configurations of office development parks and create developments that will add "character" and appear less "cookie cutter" in nature. Proposed updates to the 0-1 office zoning district standards include: • 8500 square feet minimum lot area (currently no minimum) • 80 feet minimum lot width (currently no minimum) Planning & Zoning Commission Recommendation: Approval by a 5 -0 vote. Staff Recommendation: To uphold the recommendation of the P &Z and approve TR- 2009 -01, Ordinance No. 3052. ORDINANCE NO. 3052 AN ORDINANCE AMENDING SECTIONS 118 -394, 118- 873(g), AND 118- 877(a) OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; AMENDING THE NORTH RICHLAND HILLS ZONING ORDINANCES AND PROVISIONS LOT AND AREA REQUIREMENTS FOR THE 0 -1, NS, CS, HC AND OC DISTRICTS; AMENDING REQUIREMENTS FOR ROOFTOP SCREENING OF MECHANICAL EQUIPMENT AND PROHIBITING THE USE OF CERTAIN MATERIAL FOR FENCING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public ,hearing has been duly held; and, WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Section 118 -394 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: "Sec. 118 -394. Lot and area requirements. The following lot and area requirements shall be required within the O -1, NS, CS, HC and OC districts: Description OC 0-1 NS CS HC 1. Minimum district area 22,500 SF 1 acre' 101000 SF 1 acre' 1 acre' 2. Minimum frontage 50 ft. 50 ft. none 50 ft. 150 ft. 3. Minimum lot coverage 40 40 50 50 30 4. Lot area minimum 6,000 SF 8500 SF none none none 5. Minimum lot width 80 ft. none none none none 6. Minimum lot depth none none none none 150 ft. 7. Minimum front building line 25 ft. 25 ft. 25 ft. 25ft. 25 ft. 8. Minimum side building line none 2, 5 none 2, 5 none 2, 5 none 2, 5 none 2, 5 9. Minimum rear building line none3. 5 none3, 5 none3, 5 none3, 5 none 3, 5 10. Max. Height of structures 1.5 ft. /1 ft.4 38 ft. 1.5 ft. /ft4 1.5 ft. /1 ft.4 38 ft. Except where a parcel is contiguous with like zoning, the minimum area shall be as approved by the planning and zoning commission and city council. 2 The side building line shall be 35 feet where the lot line abuts R -1, R -2, R -3, R -4 -D, R- 6-T, R -7 -MF, R -8, R -1 -S and AG districts designated on the comprehensive plan for residential uses. 3 The rear building line shall be 35 feet where the lot line abuts R -1, R -21 R -3, R -4 -D, R- 6-T, R -7 -MF, R-8, R -1 -S and AG districts designated on the comprehensive plan for residential uses. 4 Buildings shall be constructed by using a ratio of one foot measured from property line that abuts a residential district to nearest exterior wall of building for every 1 1/2 feet of building height. 5 Minimum side or rear building setback adjacent to a public street shall be 15 feet." SECTION 2. That the Comprehensive Plan, Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by adding a new Sec. 118 -873 (g) of the North Richland Hills Code of Ordinances to read as follows: "Sec. 118 -873. (g) Prohibited fencing material." "No fence shall be constructed of sheet/corrugated metal, plywood, unfinished Concrete Masonry Unit block, or other materials not manufactured or designed for the primary purpose of fence construction." SECTION 3: That the Comprehensive Plan, Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by amending Section 118- 877(a) of the Code of Ordinances of the City of North Richland Hills, Texas, to read as follows: "Sec. 118 -877. Mechanical equipment screening for nonresidential uses and nonresidential zoning. (a) Roof - mounted mechanical equipment. Such equipment shall be screened from public view with a parapet wall, mansard -style roof or other architectural extension equal in height to the unit, except when the unit height exceeds five feet. The maximum screening wall height shall not exceed five feet. When the height of the units does exceed five feet, an additional roof setback for the unit shall be required at a ratio of two horizontal feet for each additional foot of vertical height above five feet. Public view shall be determined from any and all points on subject property where views from public street rights -of -way exist or occur. SECTION 4. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. Penalty. Any person, firm, or corporation who violates this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. Savings. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation or canvassing activities that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. Publication. The City Secretary of the City of North Richland Hills is hereby directed to publish the caption and penalty of this ordinance in the official City newspaper. SECTION 8. Effective date. This ordinance shall be in full force and effect from and after its passage and publication as required by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 18th day of May, 2009. CITY OF NORTH RICHLAND HILLS 0 ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXCERPT FROM THE MINUTES OF THE MAY 712009 PLANNING AND ZONING COMMISSION MEETING Public Hearin and Consideration of amendments to the North Richland Hills Zoning Ordinance. Amendments include: addinq new Subsection "Prohibited fencinq material" to Section 118 -87 mendinq Subsection a "Roof- mounted mechanical equipment" in Section 118 -877 and amendin table in Section 118- 394 "Lot and area requirements" in the 0-1 Office District. Chairman Shiflet opened public hearing at 7:10 p.m. Eric Wilhite said that we have three text amendments to the Zoning Code of Ordinances. The first amendment would be an addition to 118 -873, that would create a section that describes prohibited fence materials. When people come in to build a fence we already have criteria for maximum height and the placement of the fence. Although we have had some issues with the types of materials that people sometimes choose to use. The second amendment is to add verbiage to an existing section 118- 877(a), that addresses roof - mounted mechanical equipment. The wording of the current amendment is not meeting the desired intent to screen that type of equipment on commercial -type structures. Finally, staff is requesting to amend the table describing the Lot and Area Requirements in the 0-1 Office District. This is table that describes district development standards for 118 -394. The first change staff is recommending for prohibited fence materials is to add a section to Article VIII that would list the fence materials that are prohibited. This list would include sheet/corrugated metal, plywood, unfinished Concrete Masonry Unit blocks, fiber board or other materials not manufactured or designed for the primary function of fence construction. Listing some key examples in that additional sentence would allow staff to prohibit fence products that are undesirable. The change proposed for the roof - mounted equipment is for an existing ordinance that, however staff is requesting to amend some verbiage in the ordinance. Currently it states how to screen the roof - mounted equipment and then a definition of what is meant by public view. Right now it states that the public view is determined from the front property line but in many cases we have had situations where you might not be able to see it from the front property line but based on lot and building configurations you can still see the mechanical equipment from other directions. Therefore staff is requesting to amend the-definition or description of what public view is from front property line to be determined from any and all points on subject property where it is viewed from public streets and right -of -ways. The final amendment we are requesting is a change to the table in Section 118 -394 that describes our non - residential zoning districts. Currently in the 0-1 Office zoning there is not a lot area or lot width minimum. Recently a case came through as a zoning change that showed a concept layout since they were platting at the same time. The lots were much narrower than what staff is recommending now at 80 feet and smaller than 8,500 square feet. Once this particular case went through City Council it was asked that staff review our district requirements for O -1. Staff did research and contacted other local municipalities to determine what they require. We are recommending that our ordinance be amended for minimum lot area to go from "none" to "8,500 square feet" and a minimum lot width be added to require an 80 foot lot width minimum. Chairman Shiflet asked if the numbers that we are requesting are based on surveys that we received from neighboring cities and are consistant? Eric Wilhite said yes. We contacted Grapevine, Coppell, Colleyville and several others. Some allowed a little bit smaller square footage but most of them were pretty consistent with the 80 foot minimum lot width. Chairman Shiflet asked if someone came in and wanted to do something creative and a little bit nicer would they be able to go through the plan review process and not have to meet this? Eric Wilhite said that staff could work with an applicant on a tightly configured property or if there was something creative it would be brought forward based on this standard. We would try to get it as close as possible. Planned Developments are not intended to circumvent the ordinance or take it back to what it was but could be used if there were one or two lots in a six or seven lot office subdivision. If a couple of those had to drop below lot width depending on how significant it was then we would definitely recommend that a Planned Development be considered. APPROVED Mark Haynes seconded by Don Bowen, motioned to approve TR 2009 -01 with the conditions that the abbreviation CMU be spelled out and the clerical error in the Roof mounted mechanical equipment section be corrected. The motion was carried unanimously (5 -0) CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. Council Meeting Date: 5 -18 -2009 Agenda No. D.0 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -1.8 -2009 Presented by: Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 5 -18 -2009 Presented by: Jimmy Cates Agenda No. E.1 Subject: PW 2009 -015 Approve a Professional Service Agreement with the RJN Group, Inc. for the Sanitary Sewer Assessment Project for an amount not to exceed $280,000. This Capital Improvement Project (UT0902) will consist of conducting a professional survey and analysis of the City's sanitary sewer collection system in the southern portion of the City as shown on the attached map in the Phase I Study Area. The survey and analysis will consist of field inspections of sanitary sewer lines ranging from 6 to 24 inches in diameter, flow monitoring of the wastewater system during wet and dry weather conditions, smoke testing to identify inflow /infiltration problems, and televised inspections to pinpoint problem lines. The survey and analysis is needed to better examine and to correct the causes of sanitary sewer overflows and inflow /infiltration problems that City maintenance crews have encountered in this section of the City. This will be a multi phased project with Phase I being addressed this year and Phase II being addressed in the future. Staff followed the City's policy for procuring professional services for this project. Requests for Qualifications (RFQs) were sent to 53 firms; 10 responded by submitting qualifications to the City. Four staff members (Director of Finance, Assistant Director of Information Services, Public Works Operations Manager, and the Utility Superintendent) comprised the selection committee. The committee evaluated the proposals and selected the top four firms based on their experience on similar projects, current work load, proposed project approach and their proposed project schedule. The top four firms chosen by the committee were: Hewitt - Zollars, Inc., Freese and Nichols, Inc., Birkhoff, Hendricks & Conway, LLP, and the RJN Group, Inc. Each firm provided a presentation and was interviewed by the selection committee. The committee unanimously selected the RJN Group as the top firm to complete the project. The RJN Group has been in business since 1975 and specializes in sanitary sewer evaluations, sewer rehabilitation designs and estimating, and sanitary sewer overflow elimination. During the last three years, RJN has completed 68 local sewer assessment projects that included flow monitoring of 1,500 locations, inspections of 35,000 sanitary sewer manholes, smoke testing of 15,000,000 linear feet of sanitary sewer lines, and developed 10 system models. The RJN team will consist of a Project Manager with 32 years of experience, a Project Engineer with 14 years of experience, and a Quality Assurance and Control Engineer with 29 years of experience. Staff believes that this firm will do an outstanding job on our project. The Professional Services Agreement (attached) provides a detailed Scope of Work in Exhibit B. Listed below are the key items within the Scope of Work: A. Mobilization /Administration 1. Collect and review existing maps and flow records. 2. Kick -off meeting with City staff. 3. Prepare monthly status reports. B. Flow Monitoring 1. Identify flow monitoring locations. 2. Install flow meters at 13 locations. 3. Install and service 5 rain gauges for the monitoring period. C. Flow Analysis 1. Analyze flow data and develop base flow for peaking factors. 2. Determine peak inflow rate. 3. Establish the relationship between peak inflow and rainfall. 4. Rank basins based on Inflow /Infiltration rates. D. Manhole Reconnaissance 1. Identify manholes and coordinate data collected with the City's Asset Management Program. E. Manhole Inspection 1. Perform a comprehensive below ground inspection of manholes. A total of 212 manholes are anticipated to be inspected. All components of the manhole entry will be inspected along with a visual inspection of the intersecting sewer pipe. 2. Determine the depth of all sanitary sewer manholes and inverts along the interceptor. F. Smoke Testing 1. Smoke testing of 65,400 linear feet of sanitary sewer lines to identify inflow and infiltration sources. 2. Notify residents and City staff prior to smoke testing operation. 3. Perform analysis of smoke testing data. G. Dyed Water Flooding 1. Identify inflow sources using dyed water flooding (a total of 13 dyed tests are anticipated). 2. Quantify the magnitude of inflow /infiltration sources from the dyed watering tests. H Cleaning and Internal Television (TV) Inspection 1. Perform cleaning and internal TV inspections of approximately 13% of the study area or 9,000 linear feet of sanitary sewer lines. I. Modeling 1. A hydraulic network will be built based on maps and geographic information system (GIS) data. 2. Perform quality control to ensure network data is correct. 3. Perform hydraulic analysis using a computer model. 4. Determine level of capacity improvements. J. Data Analysis 1. Review manhole inspection data, smoke testing data, dyed watering testing results, and TV inspection data to determine the condition of the pipes and manholes. 2. Develop rehabilitation and improvement costs for various types of repairs and sewer improvements. K. Mapping 1. Provide shape files and marked up locations of manholes found in the field that are not on the City's mapping system. L. Recommendation /Report 1. Develop recommendations for rehabilitation of inflow /infiltration sources in priority order. 2. Develop recommendations for rehabilitation of structural defects in priority order. 3. Prepare final reports based upon flow monitoring and modeling, information collected during field inspections, descriptions of defects found, and recommendations for rehabilitation. All reports will be submitted as electronically. RJN will start the project this month and is expected to complete all work by the end of October, 2009. Sufficient funds have been approved in the 2008/09 CI P Budget. Recommendation: To approve a Professional Service Agreement with the RJN Group, Inc. for the Sanitary Sewer Assessment Project for an amount not to exceed $280,000 AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND RJN Group, Inc. I. INTRODUCTION 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 RJN Group, Inc., a Texas corporation, acting by and through Hugh M. Kelso; its duly authorized Principal (hereinafter called "ENGINEER "). WITNESSETH, that CITY desires professional engineering services in connection with the 2009 Sanitary Sewer Assessment 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 survey and assessment of the sanitary sewer system south of Loop 820 (described more fully in Exhibit B) 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 ENGI NEER'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 (N /A) 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 consideration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit F: "Compensation ". B. Total 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 Two Hundred Eighty Thousand Dollars ($280,000.00). 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. Comprehensive 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 $ 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 D. Professional Liability: Errors and Omissions $110001000 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 (N /A) 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. Authorization 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. Leqal 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: RJN Group, Inc. Attn: Hugh M.. Kelso 12160 Abrams Road, Suite 400 Dallas, TX 75243 If to CITY: City of North Richland Hills Attn: Mr. Jimmy Cates Public Works Operations Manager 7200 A. Dick Fisher Drive South North Richland Hills, Texas 76180 D. Inde pendent 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. Venue. 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 Agreement. 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. the IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this day of CITY OF NORTH RICHLAND HILLS (CITY) By: Larry Cunningham, City Manager Date: ATTEST: City Secretary , 20 RJN GROUP, INC. (ENGINEER) Bv: Hugh M Kelso, Principal 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 Sanitary Sewer System Evaluation (South of Loop 820) PROJECT SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: EXHIBIT B BASIC ENGINEERING SERVICES FOR Sanitary Sewer System Evaluation (South of Loop 820) The proposed Scope of Services for the City of North Richland Hills will determine wastewater flow rates during dry and wet weather periods, the theoretical capacity of the wastewater collection system south of Loop 820, and the condition of the system in prioritized areas. The proposed Scope of Services includes the following: Mobilization /Administration Flow Monitoring Flow Analysis Manhole Reconnaissance Manhole Inspection Smoke Testing Dyed Water Flooding Pipe Cleaning TV Inspection GPS Survey Capacity Assessment Mapping Analysis Recommendation /Report Flow monitoring would be performed at 13 locations to measure flow in the system. A hydraulic computer model would be developed for 10 -inch diameter lines and larger. It is estimated that 250 nodes / manholes and 90,000 feet of pipe is included in the capacity analysis. Prioritized basins as determined by the flow monitoring and locations of SSOs will be evaluated. Evaluations will include manhole inspections, smoke testing, dyed water testing and CCTV. A detailed report will be prepared that will provide specific recommendations for any required improvements to meet the criteria provided by the City. The Detailed proposed scope of services is as follows. A. Mobilization /Administration 1. Prepare Equipment to be used for this project. Preparation includes calibration and maintenance for equipment such as flow meters, confined space entry equipment, etc. 2. Mobilize project team. 3. Collect and review existing information including reports, sewer maps, flow records, zoning maps, maintenance records, and other pertinent records supplied by the CITY. ENGINEER will conduct interviews /discussions with staff. 4. Prepare Agenda and attend a kick -off meeting with CITY staff and periodic meetings as necessary with CITY's staff. A meeting will be held to present the Draft Report / results of the project. 5. Prepare monthly status reports of progress to date. Perform ENGINEERS' internal project control procedures on a monthly basis including schedule and budget control, quality control review, and monthly progress reports. B. Flow Monitoring 1. Perform field investigation and identify flow monitoring locations. 2. Install, service, and calibrate (weekly) flow meters at 13 locations in the wastewater collection system for an estimated 60 days. It is assumed that adequate weather conditions will be observed during the flow monitoring period so that dry and wet - weather conditions and at least three storm events of different rainfall intensities are monitored which do not result in surcharge conditions. If adequate wet weather is not obtained the meters will be removed and reinstalled at the discretion of the CITY. If removed before the 60 day period, the cost savings will be transferred to the second monitoring period. 3. Install and service 5 rain gauges with 0.01 inch accuracy in the study area to obtain a continuous record of rainfall conditions during the monitoring period. 4. Remove flow meters and rain gauges. C. Flow Analysis 1. Analyze flow data and develop base flow diurnal curves and base flow peaking factors. 2. Analyze and tabulate rainfall data. 3. Determine peak inflow rate for selected rainfall events and determine corresponding rainfall intensity for areas tributary to all flow monitoring locations. 4. Establish the relationship between peak inflow and rainfall (Q vrs i) for each area tributary to a monitoring location. 5. Determine peak infiltration rates if possible. 6. Rank Basins based on the 1/1 rates. D. Manhole Reconnaissance 1. Prepare preliminary field map for project use. Utilize the numbers provided by the City of North Richland Hills (Cartegraph System Numbers). Number all manholes found in the field that are not shown on the map for use in the evaluation. The ENGINEER shall commit a minimum of 15 minutes to searching for manholes in order for the manhole inspection to be counted for payment. After 15 minutes of using various techniques to locate the manholes, the ENGINEER shall notify the CITY of any inaccessible or unlocated manholes. 2. Once the manholes are located or the CITY provides access to these manholes within 30 days of notification, the ENGINEER will complete all necessary inspections at no additional cost to the CITY. The ENGINEER shall uncover and expose manholes that are buried one -half inch or less in asphalt and 6- inches or less in unpaved areas. E. Manhole Inspection 1. A comprehensive below ground inspection of manholes will be performed in the designated / priority areas. A total of 266 manholes are anticipated. All subsurface components from the frame seal, walls, and inverts will be recorded. All defects will be recorded. Visual pipe inspection will be performed on all lines entering and exiting the 266 designated manholes. Inspection crews will lamp the lines to view the general condition of each line. Pictures will be taken at each manhole. All data collected during manhole inspection will be used for analysis and provided to the CITY in both hard copy and electronic format. 2. Measure -downs will be performed to determine depth of all sanitary sewer manholes and inverts along the interceptor. Measure -downs will be performed using a surveying level rod. 3. Sub -meter GPS points (x and y coordinates) will be collected at each manhole inspected. F. Smoke Testing 1. A dual - blower intensified smoke technique will be utilized to test all sewer lines in the study area. This method uses two smoke blowers for each test segment instead of the conventional technique of one blower. The objective is to identify inflow and infiltration sources and defects in the sewer lines. Smoke testing will be performed only during dry periods to maximize the effectiveness of the smoke testing program. The cost summary includes 74,400 linear feet of smoke testing. 2. CONSULTANT will prepare and deliver notices necessary for the performance of smoke testing. Every reasonable effort will be made to distribute notices two (2) days prior to smoke testing; however, the CITY will allow the CONSULTANT to distribute notices up to a minimum of one day in advance of smoke testing. 3. CONSULTANT may distribute notices to residents, business owners, etc., located along the pipeline up to a maximum of fourteen (14) days prior to smoke testing. If conditions do not allow smoke testing to be performed during this period, CONSULTANT will redistribute notices. If redistribution of smoke notices is required, testing may be performed within one (1) day of noticing. 4. CONSULTANT will notify the designated city personnel (Public Works, Fire, Police, etc.) each morning before smoke testing begins. The notification will include a map of the area that will be smoke tested that day. Specific tasks to be included are the following: 1. Perform dual blower smoke testing and record results. 2. Perform analysis of smoke testing data. G. Dyed Water Flooding 1. Inflow sources will also be identified by means of dyed water flooding of storm sewer sections and suspected overflows, stream sections, ditch sections, and ponding areas that may be contributing to inflow. A total of 13 dyed tests are anticipated. Positive dye tests are quantified for leakage rate. Field inspection data are input to the computerized data management system and analyzed. A water meter and water for dyed water flooding will be provided by the CITY at no charge to the CONSULTANT. 2. Dyed water flooding shall be conducted prior to televised inspection to verify the existence of inflow and infiltration sources. Dyed water flooding will also be conducted in conjunction with televised inspection to quantify the magnitude of I/I sources and to identify the specific nature of the defect. H. Cleaning and Internal Television (N) Inspection 1. Perform cleaning and internal TV inspection of approximately 13% of the study area. Approximately 9,440 linear feet is anticipated, Locations for cleaning and CCTV inspection will be determined from the results of manhole /visual pipe inspection, smoke testing, and dyed water flooding. 2. A justification report will be provided to the CITY for approval before CCTV is performed. 3. Sanitary sewer lines will be lightly cleaned in order to view the condition of the pipe. Heavy cleaning and root cutting is not part of this contract. During cleaning operations, all sludge, debris, etc. shall be removed from the sewer and disposed of properly. 4. RJN will review CCTV tapes provided by the CITY of lines that have previously been TV'ed or are TV'ed by the CITY during this project. A total of 6.700 linear feet is anticipated for this contract. I. Modeling 1. A hydraulic network will be built based on maps and GIS data provided by the CITY and data collected during manhole inspection. The GIS network used for the Master Plan will be used. 2. Perform quality control to ensure network data is correct based on the data provided. Discuss any unusual conditions with the CITY. 3. Perform hydraulic analysis at base flow or dry weather conditions using the computer model. 4. Perform hydraulic analysis at wet weather conditions at one (1) storm frequency for existing conditions. Identify sewer segments that are overloaded during wet - weather periods. Determine level of capacity improvements that would be necessary. J. Data Analysis 1. Review manhole inspection data, smoke testing data, dyed water testing results, and TV inspection data to determine the condition of the pipes and manholes. Determine the most effective method of rehabilitation. 2. Develop rehabilitation and improvement costs for various types of repairs and sewer improvements including, but not limited to: a) Replacement b) Point Repair c) Chemical Grouting of Joints d) Inversion Lining e) Expansion Lining fl Access Structure Rehabilitation g) Access Structure Replacement K. Mapping 1. Provide shape files to the CITY for use in Mapping. Shape files will include GPS coordinates for all existing manholes and manholes found during field tasks. 2. The ENGINEER will mark up a field map showing the locations of manholes found in the field and not on the map. The ENGINEER will also provide information of any pipes found to be different from the GIS Mapping. L. Recommendations /Report 1. Develop recommendations for rehabilitation of 1/1 sources in priority order. Cost estimates by individual rehabilitation type and estimated 1/1 reduction as a result of the recommendations will be included. 2. Develop recommendations for rehabilitation of structural defects in priority order. Cost estimates by individual rehabilitation type will be included. Prepare a report, including, but not limited to: Results of flow monitoring and modeling • Information collected during field inspection Descriptions of defects found Recommendations for rehabilitation 3. Submit five (5) copies of the draft report for review and comment and provide a presentation of results and recommendations. 4. Prepare final report based on a cumulative set of review comments and submit to the CITY. Five (5) copies of this report will be submitted in hard copy along with 2 electronic copies (CD ROM). TV inspection data will be provided on CD ROMs. EXHIBIT C SPECIAL ENGINEERING SERVICES FOR Sanitary Sewer System Evaluation (South of Loop 820) NIA EXHIBIT D ADDITIONAL ENGINEERING SERVICES FOR Sanitary Sewer System Evaluation (South of Loop 820) 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. II. ADDITIONAL Engineering Services not included in the scope of. work, also include assistance to the CITY in connection with 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 heavy cleaning of pipelines. Root Cutting will be done by the CITY. 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: Staff Member and Resident Project Representative - Salary Cost Times Multiplier of 2.1. Salary Cost is defined as the cost of payroll of ENGINEER 's, draftsmen, stenographers, survey men, clerks, laborers, etc., for the time directly chargeable to the PROJECT, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. EXHIBIT E SERVICES TO BE PROVIDED BY THE CITY FOR Sanitary Sewer System Evaluation (South of Loop 820) 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 wastewater flow data, if available. III. Provide any available As -Built plans for existing sanitary sewer mains, if available. IV. Assist the ENGINEER, as necessary, in obtaining any required data and information from local utility companies. V. Provide standard details and specifications in digital format. VI. Provide water and water meter for inspection at no cost to the ENGINEER. VII. 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. VIII. Provide access to the wastewater collection system. IX. Review all submittal of the ENGINEER and provide comments in a timely manner. EXHIBIT F COMPENSATION FOR Sanitary Sewer System Evaluation (South of Loop 820) 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 evaluation of the collection system. 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" 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 Services shall be as indicated in the following table and shall not exceed $280,000.00. Payment for the Engineering Services shall be due in monthly installments in the proportion to that part of the services which have been accomplished. Final payment for services authorized shall be due at the completion of these 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, ENGINEER and executed by the CITY if the Additional Engineering Service(s). PAYMENT and schedule will be prepared by the ENGINEER is authorized to perform any III . 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 ". 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. Compensation for Services Table TASK QUANTITY UNIT UNIT COST TOTAL COST Project Administration 1 LS 13764.00 $13,764 Data Management 1 LS 12200.00 $121200 Flow Monitoring 13 meters Site Selection 13 Meters 282.85 $3,677 Install 13 Meters 239.31 $3,111 Maintain / Remove 780 M -D 54.07 $4211.75 Flow Analysis 13 Meters 1640.38 $21,325 Rainfall Monitoring / Analysis 5 Gauges 931.60 $4,658 Modeling 90000 LF 0.27289 $24,560 -Hydraulic Interim Flow Monitoring Repo 1 LS 5500.000 $5,500 Manhole Inspection Above Ground - Street 20 EA 63.69 $17274 Above Ground - Backyard 20 EA 115.54 $2,311 Below Ground - Street 108 EA 88.67 $9,576 Below Ground - Backyard 108 EA 147.156 $151893 Unimproved Area 10 EA 170.667 $11707 G PS 266 EA 22.226 $5,912 Smoke Testing Street 37,200 LF 0.413 $15,364 Backyard/Unimproved Area 377200 LF 0.503 $18,712 Dyed Water Flooding 13 EA 309.69 $41026 . 91440 LF 2.55 $24,072 -TV/Cleaning TV Supervision/ Review 91440 LF 1.5537 $147667 TV Ta e Review 61700 LF 0.3000 $27010 Analysis 1 LS 167112.00 $16,112 1 LS 61572.00 $67572 -Mapping Repo 1 LS 10, 824.00 $10,824 TOTAL $280,000 EXHIBIT G CONFLICT OF INTEREST QUESTIONNAIRE FOR Sanitary Sewer System Evaluation (South of Loop 820) [Conflict of Interest Questionnaire is on the following page.] CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other p arson doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of OFFICE USE ONLY 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 7u' 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. Name of person doing business with local governmental entity. RJN Group, Inc. — Mr. Hugh M. Kelso, Principal 2 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 7t' business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) -2J 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 AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND NAME OF ENGINEERING FIRM. INC. Name of Project (0811612007) Page 1 of 2 For vendor or other person doin business with local governmental entity Pa e 2 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 CIO 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? 1:1 YES El 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? ❑ 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 M- g.4 M Signature of person Aing business with the governmental entity Date Adopted 01/13/2006 AGREEMENT FOR ENOINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLANo HILLS ANO NAME OF ENGINEERING FIRM, INC. Name of Project (0811612007) Page 2 of 2 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 5 -18 -2009 Presented by: Mike Curtis Agenda No. E.2 Subject: PW 2009 -016 PW 2009 -016 Approve Interlocal Agreement with the Cities of North Richland Hills, Fort Worth, Richland Hills and Haltom City for the Design and Construction of the Big Fossil Creek Wastewater Outfall System Improvements and the temporary Maintenance of the existing Wastewater Outfall System The purpose of the Interlocal Agreement between the cities of North Richland Hills, Fort Worth, Richland Hills, and Haltom City is to address two issues: 1. The design and construction of a new Big Fossil Creek Outfall Main. 2. The Operation and Maintenance (O &M) of the existing system until the new outfall main is completed. Even though the two issues are related and are part of the same interlocal agreement they will each be addressed separately in this report. The Design and Construction of a New Big Fossil Creek Outfall Main: The need for a new outfall main was identified approximately 10 years ago. Since all four cities contribute wastewater flow to this system, all of the cities agreed to employ an engineering consultant to investigate the condition of the existing outfall system and to recommend some possible solutions to improve the system. Council approved an agreement for an engineering study on 10/14/2002 (PW 02 -116) to determine the feasibility of extending, or renovating the existing pipeline within the Big Fossil Creek Wastewater Outfall System. After the study was completed, the engineering consultant recommended replacing some of the existing sewer lines and making repairs on others. The interlocal agreement outlines the responsibilities of the four cities for the engineering, right -of -way acquisition, construction and project management for a new Big Fossil Creek Wastewater Outfall project. The cost allocation for each city is based on the percent of flow being contributed to the system by each city. Below is a summary of the estimated total project costs for each city. City Percent of Flow Contributed to System Cost based on percent of flow Fort Worth 81.7% $1419771828 Haltom Cit 10.7% 119611600 North Richland Hills 6.4% 11176,294 Richland Hills 1.2% 2191993 Total Estimated Cost 100.0% $18,335,715 The total funding for the North Richland Hills' portion of the cost was approved in the 2008 -09 Capital Projects Budget in amount of $1,200,000. The City of Fort Worth is requiring each city to be responsible to get its flow into the new outfall main. If that requires a lift station (as is the situation for Richland Hills) then all costs are the responsibility of that particular city. Preliminary evaluations by Fort Worth indicate that only one lift station is needed for the new outfall main. If however the City of North Richland Hills also needs a lift station in order to discharge flows at the point where the city's flow enters the new main, the responsibility for the lift station will be the City of North Richland Hills'. Even though preliminary analysis indicates that no lift station will be required for North Richland Hills the possibility does exist. The O &M of the existing system until the new outfall main is completed: The City of Fort Worth is indicating in the interlocal agreement that they will do their best to complete the project within ten (10) years from the date of complete execution of the agreement. Therefore the other issue addressed in the interlocal is the maintenance of the existing system until the new system is complete. Exhibit A (the last sheet attached) identifies the three wastewater lines that make up the existing system. The yellow line shown on Exhibit A represents the existing Tarrant County Water Supply Corporation (TCWSC) sewer main, the green line represents the existing Big Fossil Creek sewer main, and the red line represents the existing Haltom City sewer line. Each of these wastewater mains are currently owned by different cities. The interlocal agreement indicates that all four cities will equally share in the repair and maintenance costs of the existing system (all three existing wastewater mains). Since the repair and maintenance of the existing system will be on an "as needed" basis it is difficult to estimate the cost for such repair and maintenance. If past history is an indication of future costs then during the past ten years the City of North Richland Hills has had to pay approximately $120,000 in emergency repair costs. But the system is getting older and future repairs may be needed more often than in the past. All non - emergency repairs will be planned and budgeted for; emergency repairs will need to be made as soon as possible. As mentioned above all repair costs will be divided equally by the four cities. The interlocal agreement indicates that the City of Fort Worth will administer all phases (design, right -of -way, and construction) for this project and the other three cities will reimburse Fort Worth based on the percentages outlined in the agreement. This agreement has been executed by the cities of Haltom City and Richland Hills. The City of Fort Worth will take to their Council after the City of North Richland Hills has executed. Recommendation: To approve the Interlocal agreement for the Big Fossil System Improvements and the temporary Maintenance Outfall System and authorize the City Manager to execute. Creek Wastewater Outfall of the existing Wastewater TIFFE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT AGRENNENT BY AND BETWEEN THE CITIES OF NORTH RICELAND HILLS, RICHLAND HILLS HALTOM CITY AND FORT WORTH FOR THE REPAIR. AND NL4INTENANCL OF TCWSC LINE AND = HALTOM CITY OUTFALL MAIN AND THE CONSTRXTCTION OF THE BIG FOSSIOL CREEK RELIEF SEWER This Agreement is made and entered into by and between the City of Haltom City, acting herein by and through its City Manager, Thomas J. Muir, hereinafter referred to as HALTOM CITY; the City of Worth Richland Hills, acting herein by and through its City Manager, Larry J. Cunningham, hereinafter referred to as NORTH RICHLAND HH1.,4S; the City of Richland Hills acting herein by and through its City Manager, James Quin, hereinafter referred to as RICHLAND HILLS; and the City of Fort Worth, acting herein by and through its Assistant City Manager, Fernando Costa, hereinafter referred to as FORT WORTH, all of Tarrant County, State of Texas, (collectively the "PARTIES ") witnesseth: WHEREAS, the Cities of North Richland Hills, Richland Hills, and Halton? City each have a contract with the City of Fort Worth whereby the City of Fort Worth accepts wastewater for treatment at its Village Creek. Wastewater Treatment Plant; and WHEREAS, on the 11th day of November, 1997, the City Council of the City of Richland Hills autlmrize d participation with the cities of Fort Worth, North Richland Hills and Haltom City in the Big Fossil Creek Relief Sewer PIanrung Study; and WHEREAS, on the 24th day of May, 1999, the City Council of Haltom City authorized participation with the cities of Fort Worth, North Richland Hills and Richland Hills in the Regional wastewater Facility Planning study; and WHEREAS, on the 14th day of June, 1999 the City Council of the City of Forth Richland Hills adopted Resolution 99-38 authorizing participation with the cities of Fort Worth, Richland Hills and Haltom City in the Big Fossil Creek Relief Sewer Flanrung Study; and VMEREAS, on the 15th day of June, 1999, the City Council of the City of Fort Worth authorized participation. (M &C 0- 12583) with the cities of Forth Richland Bills, Richland Hills and Haltom City in the Big Fossil Creek Sanitary Sewer System Study, and WHEREAS„ on the 12�` day of July, 1999, the City of North Richland Hills authorised an agreement (Resolution No. 99 -43) with the engineering firm of Knowlton-English- Flowers, Inc. for the preparation of the Big Fossil Creek wastewater Outfall System PWYlling Study, such report cued March, 2000 containu certain recommendations far 1 of 13 the construction of sanitary sewer improvements known as the Fort Worth Big Fossil Creek Relief Sewer Main, hereinaft referred to as the "Project "; and WHEREAS, the City of North Richland Hills obtained a planning grant from the Texas water Development Board (TWDB Contract No. 99- 483 -308) for the preparation of a Regional Facility plan for the Big Fossil Creek Basin of the Trinity liver; and WREREEAS, the Cities of Fort Worth, North Richland Hills, Richland Hills and Haltom City desire to enter into an agreement establishing each city's duties and responsibilities as they are related to the Project; and WHEREAS, on or about the 3rd day of June, 2047, the City of Fort North responded to a public health and safety risk posed by sanitary sewer back -ups and overflows from a sewer main approximately located at 3100 Hickory Post Road, Haltom City, Texas and commonly known as the Tarrant County Water Supply Corporation (rCWSC ") sewer n70. ; and ViSEREAS, each governing body finds that the performance of this Agreement is in the common interest of all parties, that the undcstal ing will benefit the public and that the division of costs fairly compensates the performing party for the services or functions under this Agreement. NOWT REFORE, the PARTIES agree as follows: 1. ENMRGENCY REPAIR AND RECONSTRUCTION OF THE TCWSC SEWER. MAIN AND THE HALTOM CITY OUT ALL 14 O F IL, l ELIEF SEWER IS IN SERA A. TCWSG Sewer Main (One Repair Location) For the emergency response made by FORT WORTH beginning on or about June 3, 2007 through the date of execution of this Agreement, FORT WORTH, NORTH RICHLAND HILLS and RICH J*IM HILLS shall share the cost for the emergency repair and reconstruction of the sanitary sewer main approximately located at 3100 Hickory Post Road, Haltom City, Texas, known as the TCwSC sewer main (hereinafter the "TCWSC line ") at approximately Point X on Exhibit A to this Agreement. Such cost shall be shared equally among FORT WORTH, NORTH RICHLAND HILLS and RICHLAND HILLS and shah include all expenses as detemrtined reasonably necessary by FORT WORTH. B. a (Between P' Point and the metween Faint E and Point J) Upon full and complete execution of this Agreement, FORT WORTH, THE szwmt RUN, WITM CIE= o�rra7�L Via V0591L XX=A 2 of 13 CXR 12.19.8saFIMAL2 NORTH RICMAND HILLS, RICELAND HILLS AND HALTOM CITY shall each equally share the cost of the repair and maintemmee performed by FORT WORTH under this agreement of: 1) the TCWSC Lime, from Point F to Point G as shown in Exhibit A; and Z) the sanitary sewer outfall located south of the existing Haltom City meter station; Haltom City, 'Texas, (hereinafter the "Haltom City Outfall Main ") from Point E to Point ] as shown in Exhibit A. Such obligation shall continue until the completion of the Big Fossil Relief Sewer Main and shaU be consistent with Section 4 of the Agreement. 2. PAR'T'IES OBLIGATIQNS. A. Repair and Maintenance of the TCWSC Line and the Haltom City Outfall before Construction of Big Fossil Relief Sewersin 1.) FORT WORTH agrees to furnish all materials necessary to accomplish the repair and major maintenance to the TCWSC Line and the Haltom City Main as described in Sections LA &B (also referred to collectively as the "sewer mains ".) FORT 'WORTH shall be responsible for the preparation of any contracts or documents for the repair and maintenance of the sewer mains. 2.) FORT WORTH shall invoice the other PARTIES for their respective shares of each partial payment during the course of the repair and maintenance of the sewer mains. Payment for such invoices shall be due ten (10) days from the date of such invoice, unless otherwise agreed to in writing by FORT WORTH and the respective party. B. Timeline for coMletion of the Big Fossil belief Sewer Main (the ` Project" 1.) FORT WORTH agrees to use its best efforts to complete the Project within ten (10) years from the date of full and complete execution of this Agreement. However, if the Project is not completed at the end of the tenth (10`) year, FORT WORTH shall assume responsibility for the operation and maintenance of the TCWSC Line and Haltom City Outfall Main. 2.) At tie time RICHLAND HILLS flow is diverted to the Big Fossil Relief Sewer Main, RICHLAND HILLS shall assume fdl ownership, operation and maintenance responsibilities and costs for the portion of the TCWSC line that remains necessary to serve RICHLAND HILLS as shown in Exhibit A between Point H and Point C and that has not been abandoned at the completion of the Project. TCKW X n MR * w►zrrm CZTC 0M ALL BIG rosan JOINA 3 of 13 CSM 12.19.0 evrXIML2 C. Allocation of Resnonsibilitics and Cost for the !Oompledon gf th . Relief Sew the T c 1.) FORT WORTH shall be responsible for . the Pregaratian of plans and specifications, together with any modifications required during construction, and contract documents for the construction of the Big Fossil Sewer Main, generally as shown on Exhibit A. The cost of the design, including any and all costs incurred in the selection process including the issuance of a Request for Proposal or Request for Qualifications, shall be shared by the PARTIES as fbUows: Fort words 79.7% Haltom City 10.4% North Richland Hills 6.310 Richland Hills 3.6% 2.) The PARTIES shall cooperate in the selection of an engineer to prepare the design and construction documents for the Project. The construction doc=ents will be prepared in such a manner so as to be able to calculate each Partys cost as described below. FORT WORTH will be responsible for the negotiation of the engineering contract and for appropriating funds necessary to pay for the engineering contract. FORT WORTH will not award the engineering contract until each party has adopted a resolution authorizing payment to the City of Fort worth of its respective share of the cost to be incurred. FORT WORTH shall invoice the other PARTIES for heir respective shares of each partial payment during the course of the design contract. Payment for all invoices shall be date thirty (34) days from the date of such invoice, unless otherwise agreed to in writing by FORT WORTH and the respective party within ten (10) days of the date of the invoice The engineering agreement will exclude costs for the design of lift stations to divert flows from NORTH RICHLAND HILLS and RIC ILLS tQ the Big Fossil Relief Sewer Main, such being the sole cost of the PARTY' requiring such facility. The PARTIES agree that at the time of execution of this Agreement the PARTIES do not anticipate that a Lift Station is required to divert NORTH RIC14LAND HILLS flow to the Project. 3. The cost of easements, appraisal fees, and right -of -way acquisitions shall be shared by the PARTIES hereto as follows: Fort worth 79.7% Haltom City 10.4% North Richland Hills 6.3% Richland Hills 3.6% Appraisal and property acquisition services shall be included in the engineering agreement contemplated by Section C.2 above. The consultant axe F08XXL WMR of 13 cRA 12. 1S , oevrXM L2 shall be responsible for all property appraisals, acquisitions and easements. In the event the acquisition of property or easements cannot be accomplished tlrough negotiation and must be accomplished through condemnation, the staff of the jurisdiction within which the properly is located agues to recommend to its governing body that a resolution be adopted in support of the condemnation soon. In such event, a representative from the participating city will be present at the condemnation hearing. Any property owned by any PARTY upon which an easement is necessary shall be dedicated at no cost. Any existing easement held by any party shall be transferred to FORT WORTH at no cost. 4.) The construction costs, including change orders, construction management costs, and inspections costs for the various segments of the Big Fossil Relief Sewer Main shall be shared as follows: a. From Point A to Point B and from Point C to Point B, exclusive of design and construction of any lift stations and force mains required, as shown on Exhibit A FORT WORTH 79.7% HALTOM CITY 10.4% NORTH RICHLAND HILLS 6.3 % RIC HILLS 3.6% b. Point B to Point F, exclusive of Point B to Point C, as shown on Exhibit A FORT WORTH 82.7% HALTOM CITY 10.8% NORTH RICHLAND HILLS 6.5% c. Point E to Point D, as shown on Exhibit A FORT WORTH 82.70/c HALTOM CITY 10.8% NORTH RICHLAND I- MLS 6.5% d. Transfer of NORTH RICHLAM HILLS flogs from TCWS C Line to Point F, as shown on Exhibit A, exclusive of design and construction of any lift stations and force mains required. FORT WORTH 82.7% HALTOM CITY .10.8% NORTH RICHLAND HILLS 6.5% s =a r08$XL szW= 5 of 13 CMX is . 19. Gavrs s 5.) As of the time of execution of this Agreement the estimated cost of Project, including the cost of engineering, construction, right -of -way acquisition, financing and contingencies is as follows: FORT WORTH $14,971,512 81.7% HALTOM CITY $ 11957,624 10.7% NORTH RICHLAND HELLS $ 19,1813961 6.4% RICHLAND HILLS $ 2213618 1.2% Total Estimated Praject Cost 5182332,715 100% The estimated costs presented herein,, in 2007 dollars, are for planning PwPoses. Actual Project cost may differ and shall be adjusted to reflect the final cost of engineering, construction, right -of -way acquisition and fii mcing. Actual Project cost shall be shared by the PARTIES in the same percentage bar kdown as designated for the estunated cost of the Project. 6.) FORT WORTH shall be responsible for the advertising and award of the construction contract for the Project, the costs of which shall be shared by PARTIES hereto as detailed in Paragraph 2.0.1 above. FORT WORTH shall notify the PARTIES of the anticipated date for receipt and opening of bids. FORT NORTH shall be responsible for the review of the bids, shall consult with the Parties regar ding to whom the award of contract should be made and shall make a recommendation for award. 7.} FORT 'WORTH shall be responsible for the award of contract and for appropriating the funds necessary to pay for the construction. FORT WORTH shall award the construction contract only after the PARTIES have adopted resolutions authorizing payment to the City of Fort Worth. FORT WORTH shall invoice the other PARTIES for their respective sham of each partial payment during the course of the oonstruction. Payment of all invoices are due ` 30 days from the date of such invoice, unless otherwise agreed to to thrrty t } �' writing by FORT 'WORTH and the respective party within ten ( 10) days of the date of the invoice. 8.) FORT WORTH shall be responsible for the cost associated with the construction and installation of three metwing stations to measure the flows from the other PARTIES hereto into the FORT WORTH collection system. 9.) All engineering and construction costs associated with any lift station and force main necessary to connect to the Big Fossil Relief Sewer are the full cost and responsibility of the party regWring said lift station. 10.) Nothing contained herein shall be construed so as to prevent FORT WORTH from including the costs it incurs hereunder as system costs as that term is defined in its wholesale contracts with the PARTIES hereto and its T=5C UWR MAM9 j HALTS CITY OUTTALL RZ O r BRXL MCWZR 6 of 13 CRR 12.19.08vi'YNkL2 other wbolesale contracts to the extent that such costs may be lawfully included in rate calculations. M ! 0 - 7416 A. The PARTIES hereby acknowledge that FORT WORTH shall not assume ownership and is currently not the owner of either the TCWSC Lane or the Haltom City Outfall Main. The PARTIES acknowledge that no representations, statements or warranties, express ar implied, have been made by or on bebaif of FORT WORTH, in respect to FORT WORTH's ownership of either the TCWSC Line and/or the Haltom City Outfall Main. B. The PARTIES further agree that upon completion of the Project, FORT NORTH shall own, operate and maintain the Big Fossil Relief Sewer Main as part of its wastewater collection system. 4. U&INTENAN A. The PARTIES hereby acknowledge that FORT WORTH shall not be obligated to perform or ensure routine maintenance of the TCWSC Line or the Haltom City Outfall Main. The term maintenance as used in this Agreement shall include but not be limited to routine cleaning, and minor repairs and rehabilitation necessary to protect and ensure the ability of a pipe to transport flow. HALTOM CITY, RICHLAND HILLS and NORTH RYCHLAND HILLS agree to address all maintenance issues in a timely and appropriate manner. Notwithstanding FORT WORTHfs lack of obligation to perform any rnainte ance of the TCWSC Lane or tho Haltom City Outfall Main, FORT WORTH may in its sole discretion, respond to major maintenance vr,�hic1� shall include heavy cleaning for root and grease removal involving larger equipment than routine maintenance issues as r+emnably necessary and requested by the other PARTIES. B. FORT WORTH agrees to use its best efforts to address major maintenance issues and structural failures which have caused a system backup or Sanitary Sower Overflow (SSO)s and which could not be addressed by routine maintenance. C. The PARTIES agree that a) if FORT WORTH performs maintenance to the TCWSC Line or the Haltom City Outfall Main as it deems necessary and with notification to the appropriate party of such maintenance; or b) if FORT WORTH performs maintenance to the TCWSC Line or Haltom City Outfall Main upon request from a party, FORT WORTH shall not be obligated to report an SSO or other unauthorized discharge to any governmental body. Such obligation to report an SSO or ether unauthorized discharge shall remain TCWW mom UWw r Rm1Lum CITY OUT "ALL 220 ssL SAM= 7 of 13 CRe 12. 19 . 08,Tr1V&L2 the sole responsibility of the other PARTIES as described in the Texas Water Code Section 26.03 9 and/or any permit issued describing such obligation. D. HALTOM CITY, RICHLAND HILLS and NORTH RICHLAND HILLS age to respond to any and all SSOs and other unauthorized discharges which occur within their respective city limits, in a timely and appropriate manner pursuant to all applicable rules, regulations and laws. Nothwithstanding, FORT WORTH agrees to respond to SSO's and other unauthorized discharges which occur from the TCWSC and HALTOM CITY lines and that are inside the FORT WORTH city limits. Fort Worth will notify the appropriate city and TCEQ of such SSO and unauthorized discharge. However, FORT WORTH shall not assume any liability for such SSO or unauthorized discharge. Nothing in this Agreement shall be construed to grant or recognize FOIST WORTH's ownership nor maintenance responsibility for TCWSC and HALTOM CITY lines within FORT WORTH's city hinits. E. Upon the completion of the Big Fossil Relief Sewer Main and the permanent diversion of NORTH RICHLAND HILLS flow to either FORT WORTH'S existing sewer main known as M-402 or the proposed Big Fossil Relief Sewer Main, RICHLAND HILLS shall assume sole ownership and be solely responsible for all maintenance costs for the portion of the TCWSC Line that is necessary to serve RICHLAND HILLS. TCWSC LINE AND HALTOM CITY MAIN PLUGCE AND ABAN20ED.. A. Upon completion of the Big Fossil Relief Sewer Main, the PARTIES ague that the TCWSC C Line and the Haltom City Outfall Main shall be plugged and abandoned in accordance with all applicable laws and regulations. E. The TCWSC Litre shall be abandoned from Point F to Point H and Point C to Point G. The costs associated with these two segments shall be at the percentages presented in Paragraph 2.C.4.a. C. The Haltom City Outfall Main shall he abandoned from Point E to Point J. The costs associated with this segment shall be at the percentages presented in Paragraph 2. C.4.c. 6. LOCATION OF A PO&TJON OE EX-JUNG FAR I WORTH BIG FOSSIL SEWER As part of the design of this Project, FORT WORTH agrees to evaluate the feasibility of relocating the existing Big Fossil Main 402 from Point K to Point L by overs�ing the Big Fossil Relief Sewer Main. Upon determination by FORT WORTH that such oversizing is feasible, the Big Fossil Relief Scwer Main may TC.'W= an-3t W" F iLAL%W CITY =T == BIG Prism a=te $ O f 13 CRe 12.19.09VIr 2 be oversized to allow abandonment of the existing Main 402 upon the request of HALTGM CITY. If HAL'Y`OM CITY agrees that such ovcrs1i .ng is feasible and makes such request, HALTOM CITY shall pay the cost of oversizing the Big Fossil Relief Sewer Main. The additional cost to oversize shall be the difference of the cost for the additional larger pipes, additional structures and other necessary materials beyond the cost of the original design of the Project. 7. EFFECT AGREE MINT. A. Notwithstanding Section 3, nothing in the perfornmance of this Agreement shall impose any liability for claims against any other party other than claj�ns for which the applicable laws may impose liability. B. The parties to this Agrecmcnt do not intend for any third party to obtain a right by virtue of this Agreement. C. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those stated in the Agreement; further, this Agreement shall not create any rights in any party not a signatory to the Agreement. &z!`.1 it is expressly understood and agreed that, in the execution of this A.graeemant, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise he available to it against claims arising in the exercise of governmental powers and functions. • "Vulm All payments due to any Party hereunder are due and payable within 30 days from the date on invoice. A payment is late if not paid within 10 days from the due date. Late payments shall accrue interest at the rate of one and one-half percent (1 1l2 %) per month until paid. 10. NG_ Any notice perrmitted or required to be given herein shall be in writing, mailed regular mail to the address shown below, or by mile to the numbers shown below. 3110 BUM � 3 Q 13 clUe 12-19. CGVVIKTU62 If to NORTH RICHLAND HILLS Mr. I1Qe Curtis, P. E., Public Works Director, City of North Richland Hills 7301 N E Loop 820 North Richland Dills, 'I w= 76182 Telephone: 917-427-6400 Facsimile: 817-427-6404 If to RICHLAND HILLS Mr. Michael Barnes, P. E., Public Works Director, City of Richland Hills 6700 Rena Drive Richland Hills, Texas 76118 Telephone 817- 299 -1830 Facsimile 817 -299 -1832 If to HA.LTOM CITY W. David Fain, Public Works Director, City of Haltom: City 4240 Hollis Street Haltom City, Texas 76117 Telephone 817 - 8349036 Facsimile 817 - 831 -7855 If to FORT WORTH Mr. S. Frank Cnunb, P.E., Director Fort Worth 'mater Department 1000 Throclanorton Street Fort Worth, Texas 76102 Telephone: 817-392-8207 Facsimile: 817-392-8195 11. TATS VOLV NI-e FUND. The PARTIES agree to cooperate in the expeditious preparation of such doements as may be necessary for the submission an application by FORT WORTH to the State of Texas for participation in the State Revolving Fund. Acceptance or denial of the application shall not affect any party's responsibility homer. 12. MODIFI S. This Agreement may not be changed, revised or otbrerwise amended unless same be in writing and approved by the governing body for each party. le",rutR 9-i "M al U i A Terse SMI, x palm,, HALTM CXTT oVr Vz 970 FOSS= I== 10 of 13 cRR 12. xA.o9VVn = It is understood and agreed that by execution of this Contract, the PARTIES do not waive or surrender any of their individual governmental powers or in=unities. Each party acimowledges that the each other party is a Govermnental Body and as such has certain rights, powers and duties. The FARTMS agree that these rights, powers and duties shall not excuse each PARTY from performance of its obligations under this Agreement. 14. SE)MABIUTY. The provisions of this Agreement are severable; and if for any reason any one or more of the provisions contained herein are hold to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or vunenforceability shall not affect any other provision of this Agreement, and this Agreement shall remedin in e#ct and be construed as if the invalid, illegal or unenforceable provision had never been contained in the Agreement. 15. ENTYRETY. This Agreement, together with Attachment A contain all the terms and conditions agreed to by the PARTIES, and no other contracts, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the PARTIES hereto. This Agreement shall become emotive upon full and complete execution of each Ply below: EXECUTRD this day of 200 CITY OF FORT WORTH CITY OF HALTOM CITY FERNANDO COSTA ASSISTANT CITY MANAGER DATE: THOMAS J. NWIR CITY MANAGER BATE: APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY LEGALITY 'IMIC mmm Umax, MaLTCK CITY OLPlF=z Bra 7088 =L 92"M CZi 12.ig.02VFXIQLZ 11 of 13 A.S S ISTANT CITY ATTORNEY ATTEST M RTY HENDRIX CITY SECRETARY ATTORNEY FOR HALTOM CITY ATTEST BRENDA DENIMS CITY SECRETARY CITY OF NORTH RIC13LAND HILLS CITY OF RICHLAND HILLS LARRY J. CLINNINGHAM CITY MANAGER DATE: JAMES QUIN C= MANAGER DATE: APPRO'V'ED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY LEGALITY ATTORNEY FOR NORTH RICHIAND HILLS ATTEST PARTICIA HUTSON CITY SECRETARY ATTORNEY FOR RICHLAND HILLS ATTEST LINDA CANTU CITY SECRETARY sc ac gLymm Mm" RUCK CZ= OUIT lLT+ u 1 � o f 13 aza VON Cis 12.19.0 $vrntRL2 TM 8C 8 l�Axbl, E�71L'1�Obt CY'�'s' Ot1'��'11LL s =Q MOSsxz see 3 o f 13 CAA 12.14 . D IVFXN= CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -18 -2009 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -18 -2009 Presented by: Patricia Hutson Agenda No. F.1 Subject: GN 2009 -031 Election of Mayor Pro Tern The Charter states that the Mayor Pro Tern shall be selected from the seven council members at the first regular meeting following the City's general election. The regular meeting for May 25 was rescheduled to May 18 because of the Memorial Day holiday. Since the May 18 meeting is essentially a regular meeting, it is recommended that Council proceed with electing a Mayor Pro Tem at this Council meeting. Recommendation: To elect a Mayor Pro Tern CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Elizabeth Reining Council Meeting Date: 5 -18 -2009 Agenda No. F.2 Subject: GN 2009 -032 Rescinding Resolution 2009 -015 and Approving Participation in a Local Government Corporation for High Speed Rail - Resolution No. 2009 -017 At the time this agenda item is being prepared, we have not received the revised Articles of Incorporation for the High Speed Rail Authority. However, we are including this item in the event they come in. If they come in, and subject to George Staples' review, we will present and comment on them at Monday night's City Council meeting. At the April 27th City Council meeting, City Council passed Resolution 2009 -015, which authorized the City of North Richland Hills to join the South Central High Speed Rail and Transportation Authority (SCHSRTA). The Resolution also approved SCHSRTA's Articles of Incorporation. Since approving the Resolution, Staff has learned that the City needs to approve revised Articles of Incorporation as they have been rewritten to better reflect the structure of SCHSRTA and to include the member entities of SCHSRTA. In addition to approving the revised Articles of Incorporation, this agenda item also rescinds Resolution 2009 -015 which approved the previous Articles of Incorporation. As a reminder, SCHSRTA is a non - profit local government corporation in support of high speed rail, specifically the Texas T -Bone High -Speed Rail Corridor. SCHSRTA would unite cities, counties, rail districts, and navigation districts generally along the federally- designated South Central and Gulf Coast High Speed Rail Corridors to develop high -speed rail in these corridors. As allowed in current code, this corporation will have the same authorities and powers as its various members. SCHSRTA will have the authority to formally engage with the federal government, other state governments, and the private sector in regards to the design, construction, operation, and financing of the Texas T -Bone High -Speed Rail Corridor. SCHSRTA is the evolved entity of the Texas High Speed Rail and Transportation Corporation (THSRTC), the non - profit group the City joined last year in support of high speed rail. The THSRTC will continue to function in an advocacy role to advance the goals and objectives of SCHSRTA SCHSRTA will be similar to transit agencies and airports owned and operated by Texas cities and counties. Developing high -speed rail through a Local Government Corporation (LGC) helps to ensure that the decisions regarding project financing, construction, facility location and performance standards are made with substantial input from the communities most directly impacted by these decisions. Federal high- speed rail statutes, currently being drafted, will require a designated liaison from each state /corridor, SCHSRTA will meet this criteria. SCHSRTA will be ideally positioned to actively pursue existing and future federal high -speed rail dollars. SCHSRTA would work closely with Metropolitan Planning Organizations (MPO) along the high -speed rail corridors to ensure efficient, seamless connectivity among modes of transportation. There is no obligation of funds required for participation in SCHSRTA, other than nominal filing fees. The THSRTC implementation plan calls for funding for the initial studies, right -of -way purchase, and construction, etc. to be secured from primarily private sector sources, along with available federal and state dollars. Upon the creation of SCHSRTA and the passage of CSSB 1570 in the state legislature, cities, counties, seaports, and other political subdivisions of the State actively involved with SCHSRTA will have the authority to negotiate on behalf of the State of Texas to develop high -speed rail along the Texas T -Bone High -Speed Rail Corridor. SCHSRTA's Board of Directors would be comprised of representatives of the political entities serving as the incorporators of SCHSRTA. Upon successfully passing the resolution approving the attached SCHSRTA articles of incorporation, the City would nominate the appropriate number of representatives to serve on the Board. Once the resolution is passed by at least one entity, but most likely several cities and counties, the articles will be filed with the Secretary of State and SCHSRTA will be formed. Upon passage of CSSB 1570, SCHSRTA will move aggressively to formally pursue federal funds, seek a memorandum of understanding with a private sector consortium, and begin making decisions that would determine, for study purposes, the location of track infrastructure, rail stations, and ancillary facility locations. CSSB 1570 has passed the Texas Senate and has been sent to the Texas House for its approval. The creation of SCHSRTA is the next step in securing high speed rail in Texas. Councilman Welch asked that this item be placed on the agenda. Recommendation: Rescind Resolution 2009 -015 and approve Resolution 2009 -017. r*4wCH RESOLUTION NO. 2009 -017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUTHORIZING THE CITY OF NORTH RICHLAND HILLS TO PARTICIPATE IN THE FORMATION OF A LOCAL GOVERNMENT CORPORATION PURSUANT TO SUBCHAPTER D OF CHAPTER 431, TEXAS TRANSPORTATION CODE, TO FACILITATE, ANALYZE, AND IMPLEMENT THE DEVELOPMENT OF HIGH SPEED. PASSENGER RAIL SERVICE WITHIN THE SOUTH CENTRAL HIGH -SPEED RAIL CORRIDOR AND THE GULF COAST HIGH -SPEED RAIL CORRIDOR. WHEREAS, the City of North Richland Hills has been an active member of the Texas .High Speed Rail and Transportation Corporation (THSRTC), a coalition of cities, counties and other entities promoting high speed passenger rail service in Texas; and, WHEREAS, a member of the North Richland Hills City Council currently serves on the board of directors of the THSRTC; and, WHEREAS, North Richland Hills is strategically located in close proximity to DFW International Airport, the projected site of the Metroplex's high -speed rail station; and, WHEREAS, the City of North Richland Hills has been asked to be among the local government entities serving as the original incorporators of a local government corporation organized under authority of Chapter 431, Subchapter D, of the Texas Transportation Code; and, WHEREAS, the proposed name of the local government corporation will be the "South Central High -Speed Rail and Transportation Authority, Inc.;" and, WHEREAS the Cit y Council has considered the matter and deems it in the public interest to authorize this action. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT Resolution 2009 -015 is hereby repealed. SECTION 2. THAT the City of North Richland Hills shall participate in and act as one of the original incorporators of a local government corporation as authorized by Chapter 431, Subchapter D of the Texas Transportation Code to facilitate, analyze, and implement the development of high -speed passenger rail service within the South Central High -Speed Rail Corridor and the Gulf Coast High -Speed Rail Corridor. SECTION 3. THAT the Mayor and city staff are authorized to take all actions necessary to facilitate the execution and filing of articles of incorporation with the Secretary of State's Office to create this local government corporation. PASSED AND APPROVED this the 18th day of May, 2009. CITY OF NORTH RICHLAND HILLS amr ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney ARTICLES OF INCORPORATION OF SOUTH CENTRAL HIGH SPEED RAIL AND TRANSPORTATION AUTHORITY, INC. CITY OF NORTH RICHLAND HILLS Department: Fire Presented by: Thomas Powell Council Meeting Date: 5 -18 -2009 Agenda No. F.3 Subject: GN 2009 -033 Authorize the cancellation of PO # 078785 to Gulf. Coast American LaFrance The purpose of this item is to seek the City Council's approval to cancel Purchase Order # 078785 to Gulf Coast American LaFrance in the amount of $491,865.00 for failure to perform and deliver the Custom Rescue Pumper in a timely manner. Background: The purchase of this Custom Rescue Pumper was originally approved by the City Council on May 14, 2007. Purchase Order # 078785 was issued on May 16, 2007 to Gulf Coast American LaFrance in the amount of $491,865.00. In accordance with the bid documents and specifications, the original delivery date for the American LaFrance Custom Pumper was to be 340 days after the issuance date of the Purchase Order. The original delivery date would have been April 20, 2008. After the pre- construction conference was held on August 1, 2007, the delivery date was revised to June 1, 2008. Subsequent to that conference and after numerous requests, we were unable to obtain any definitive construction start date or delivery date for our Custom Pumper. On January 28, '2008, American LaFrance filed for Chapter 11 Bankruptcy protection. Following that legal action on March 7, 2008, the projected delivery date was once again pushed back to December of 2008. The delivery did not occur in December of 2008 as projected, and in fact, the construction of the North Richland Hills Custom Rescue Pumper has yet to be started. Correspondence from American LaFrance has been sketchy but indicates that the production facility has moved four times from Sanford, Florida to Hamburg, New York to Summerville, South Carolina to Ephrata, Pennsylvania and finally back again to Summerville, South Carolina. Repeated requests by the City of North Richland Hills throughout this process have failed to obtain either a definitive construction start date or a final delivery date for this apparatus. The failure of American LaFrance to timely perform and deliver the North Richland Hills Custom Rescue Pumper makes this action necessary. Once the Custom Rescue Pumper is re -bid, Staff will bring a recommendation to the City Council for the purchase of the new Pumper. Recommendation: To approve the cancellation of PO # 078785 to Gulf Coast American LaFrance so Staff can re -bid the Custom Rescue Pumper. CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Andy Kancel Council Meeting Date: 5 -18 -2009 Agenda No. F.4 Subject: GN 2009 -034 Amend existing contract with Redflex Traffic Systems to allow for a 90 termination clause The City of North Richland Hills entered into a contract with Redflex Traffic Systems, Inc. for the installation and operation of an automatic traffic signal enforcement program on December 11, 2006. This program has proven to be an effective way to reduce the occurrence of accidents at monitored intersections. In addition there has been a reduction in the number of accidents at non - monitored intersections due to the public information provided through the program. The original contract was for a three year term that began with the installation of the first system which occurred on April 30, 2007. This would allow the contract to expire on April 30, 2010. Because of the effectiveness of the program, the City finds that it is in our interest to exercise its rights under the contract to extend the Term of the Agreement through all three (3) additional renewal periods. This will cause the agreement to expire as of April 30, 2013. Also, the City desires to amend the contract to allow for the City to terminate the contract without cause upon a 90 day written notice to Redflex. This amendment will provide the City some protection from future legislative or operational changes that may occur but cannot be predicted. While we are not anticipating adding additional camera intersections to the ones in existence today, if we determine that we should, the City would then follow the procedures outlined by the State to do so. Recommendation: Authorize the amendment to the contract with Redflex Traffic Enforcement Systems to allow for a 90 termination clause. AMENDMENT This Amendment is made as of this 18th day of May 2009, by and between the City of North Richland Hills, Texas (the "Customer" and /or the "City "), and Redflex Traffic Systems, Inc. ( "Redflex ") with its principal place of business at 23751 N.23rd Ave., Suite 150, Phoenix AZ 85085 -1854 (individually referred to as a "Party" and together referred to as the "Parties "). WHEREAS, the Customer and Redflex originally entered into a contract for services and related equipment on December 11 th, 2006 (the "Agreement "). WHEREAS, the Parties agree that certain modifications to the Agreement are required in order to extend the term of the Agreement. NOW, THEREFORE, in consideration of the mutual obligations set forth herein and for other valuable consideration received, the Customer and Redflex agree to amend the Agreement as follows: 1. Should Customer extend the term of the Agreement as provided for by Section 2 thereof, Customer shall have the right to terminate the Agreement without cause upon 90 days written notice to Redflex. This Amendment is intended to modify, supercede and replace certain terms and conditions stated in the Agreement. Unless expressly stated in this Amendment, all other terms and conditions of the Agreement between Customer and Redflex will remain enforceable. If any terms and conditions contained in this Amendment are inconsistent with the Agreement, the terms and conditions contained in this Amendment will be controlling. Signed this day of May, 2009. THE CITY OF NORTH RICHLAND HILLS, TEXAS Approved as to Form and legality: Larry J. Cunningham, City Manager George Staples, Attorney for City of North Richland Hills REDFLEX TRAFFIC SYSTEMS, INC. Bv: Name: Aaron Rosenberg Title: Executive Vice President CITY OF NORTH RI CHLAND HILLS Department: City Manager's Office Presented by: Andy Kancel Council Meeting Date: 5 -18 -2009 Agenda No. F.5 Subject: GN 2009 -035 Extension of Contract with Redflex Traffic Systems, Inc. The City of North Richland Hills entered into a contract with Redflex Traffic Systems ,Inc. for the installation and operation of an automatic traffic signal enforcement program on December 11 2006. This program has proven to be an effective way to reduce the occurrence of accidents at monitored intersections. In addition there has been a reduction in the number of accidents at non - monitored intersections due to the public information provided through the program. The original contract was for a three year term that began with the installation of the first system which occurred on April 30, 2007. This would have allowed the contract to expire on April 30, 2010. Because of the effectiveness of the program, the City finds that it is in our interest to exercise its rights under the contract to extend the Term of the Agreement through all three (3) additional renewal periods. This will cause the agreement to expire as of April 30, 2013. Recommendation: Approve the extension of the contract with Redflex Traffic Systems, Inc. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: EXECUTIVE SESSION ITEMS No items for this category. Council Meeting Date: 5 -18 -2009 Agenda No. G.0 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5 -18 -2009 Presented by: Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RI CHLAND HILLS Department: City Secretary Presented by: Councilman Tim Welch Subject: Announcements - Councilman Welch Announcements Council Meeting Date: 5 -18 -2009 Agenda No. H.1 City all and other non - emergency City offices will be closed on Monday, May 25th Y , for the Memorial Day Holiday. Garbage and recycling service will not be affected. NRH2O and Iron Horse Golf Course will remain open for the holiday. Residents are invited to be a part of the planning process for the new NRH Recreation Center. This project is in the early stages of planning and officials are seeking input from the public on recreation uses and development priorities. The next public input meeting is scheduled from 6:30 p.m. to 8 p.m. on May 26th here in the City Council Chambers. Citizens who are interested in this project are encouraged to attend. For more information visit the City's web site at nrhtx.com or call 817 - 427 -6620. The North Richland Hills Public Library invites area residents to enjoy a free concert by Flutasia on Thursday, May 28 at 7 p.m. Flutasia was founded in 1991 to provide an opportunity for area flutists to perform together. Their May 28th performance is entitled "British Invasion" and will feature popular songs from the Beatles and other British groups. For more information about this free concert or other library events, call 817 - 427 -6814. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do, Debbie York, Neighborhood Services Department — An email was received from a resident thanking Debbie for the tremendous work she does. The resident's daughter attends Walker Creek Elementary and was one of the winners for the Recycle More Art contest. She wanted to express her appreciation to Debbie for organizing the program and involving the students of the public schools. Their daughter is constantly reminding them to "Reduce, Reuse and Recycle ". She thanked Debbie and the entire Neighborhood Services Department for all they do to make NRH such a fantastic place to live. CITY OF