The URL can be used to link to this page

Home My WebLink AboutCC 2009-10-26 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, October 26, 2009 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2009 -106 Discuss Scheduling of the November 23 and December 28 City Council Meetings (5 Minutes) A.3 IR 2009 -107 Review Recreation Center Facility Components and Site Plan (60 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072 Texas Government Code to Discuss Land Acquisition North of 6701 Davis Boulevard B.2 Executive Session: Pursuant to Section 551.087 Texas Government Code to Discuss Potential Economic Development Incentives to Business Prospect in Midwest part of the City B.3 Executive Session: Pursuant to Section 551.071 Texas Government Code to Confer with Attorney to Deliberate Settlement Offer on Home Town Urban Partners, Ltd. v. City of North Richland Hills C.0 Adjournment ('.Prtifir n inn 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 October 23, 2009 at W4.3t,Q Q-&.L. ,_-__N /j ,_ n . 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 — October 26, 2009 Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, October 26, 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 www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Sapp A.2 Pledge - Councilman Sapp A.3 Special Presentation(s) and Recognition(s) - IR 2009 -109 2009 Working for Clean Air Award A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. NRH City Council Agenda — October 26, 2009 Page 2 of 4 B.1 Approval of Minutes of October 12, 2009 City Council Meeting B.2 PW 2009 -040 Authorize the City Manager to Sign a License Agreement Provided by Dallas Area Rapid Transit (DART) to Accommodate the "Water Line (Holiday Lane and Iron Horse Boulevard)" Project B.3 GN 2009 -081 Approve a Resolution Requested by the Regional Transportation Council Supporting a Statewide Proposition Amending the Texas Constitution (Proposition 1 on the November 3, 2009 Ballot)- Resolution No. 2009 -033 C.0 PUBLIC HEARINGS C.1 GN 2009 -075 Public Hearing by the City of North Richland Hills for Proposed Amendments to the Finance Plan for Reinvestment Zone Number 1 C.2 GN 2009 -076 Approve the Second Amendment to the Reinvestment Zone Financing Plan for Reinvestment Zone Number 1, City of North Richland Hills - Ordinance No. 3075 (This Item is not a Public Hearing but is related to Item C.1) 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 -041 Award a Professional Services Agreement to Freese and Nichols, Inc. in the amount of $173,000 for the Water/Wastewater Master Plan and Impact Fee Study Project F.0 GENERAL ITEMS F.1 GN 2009 -077 Intent to Reimburse Expenditures with Proceeds of Future Debt - Resolution No. 2009 -031 F.2 GN 2009 -078 Amending the Code of Ordinances Chapter 18, Article VII Regulating Solicitors and Handbill Distribution, Chapter 70, Article IV Regulating Curb Painting Vendors and Appendix A Fees - Ordinance No. 3077 F.3 GN 2009 -079 Appointments to Naming Board F.4 GN 2009 -080 Cancelling the November 23 and December 28 City Council Meetings G.0 EXECUTIVE SESSION ITEMS NRH City Council Agenda — October 26, 2009 Page 3 of 4 G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORT H.1 Announcements - Councilman Lombard H.2 Adjournment All items on the agenda are for discussion and /or action. ('.Prtifinatinn 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 October 23, 2009 at �p�.S1� Q.t1,• 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 — October 26, 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, October 26, 2009 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2009 -106 Discuss Scheduling of the November 23 and December 28 City Council Meetings (5 Minutes) A.3 IR 2009 -107 Review Recreation Center Facility Components and Site Plan (60 Minutes B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072 Texas Government Code to Discuss Land Acquisition North of 6701 Davis Boulevard B.2 Executive Session: Pursuant to Section 551.087 Texas Government Code to Discuss Potential ,Economic Development Incentives to Business Prospect in Midwest part of the City B.3 Executive Session: Pursuant to Section 551.071 Texas Government Code to Confer with Attorney to Deliberate Settlement Offer on Home Town Urban Partners, Ltd. v. City of North Richland Hills C.0 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -26 -2009 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009 -106 d Date: October 26, 2009 Subject: Discuss Scheduling of the November 23 and December 28 City Council Meetings The second Council meetings in November and December fall close to the Thanksgiving and Christmas holidays. In the past when Council meetings have fallen on or close to a holiday, Council has opted to cancel the meetings and directed Staff to notify Council if any significant issues arise warranting a special meeting. A survey has been conducted with all departments to determine if there are any significant issues scheduled to be brought before Council on the second meeting dates in November and December. The Directors have responded that they know of no issues scheduled for the meetings or of any upcoming items that would be impacted by a change in the Council meeting schedule. Staff is recommending that the November 23 and December 28 meetings be cancelled and if there is unexpected business that cannot be handled at the remaining meetings, a special meeting be scheduled. An item has been placed on the regular Council agenda for Council to cancel the two meetings, if Council concurs with Staff's recommendation. Respectfully Submitted, Patricia Hutson City Secretary ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009 -107 Date: October 26, 2009 Subject. Review Recreation Center Facility Components and Site Plan Brinkley Sargent Architects is currently working on the design of the recreation center and have completed the recreation center conceptual plan and site plan for City Council review. The recreation center project was initiated in 1999 with a budget of $21.9 million. The majority of the funding is provided through TIF #2 with $1.1 million funded through the Park and Recreation Development Corporation. Recently, the TI F accumulated the necessary funds to begin the project. Public input, requested amenities, demographics and cost recovery goals provided the basis for the original scope of the project. At that time, the size of the facility was anticipated to be approximately 100,000 square feet. Because of inflation, including cost of materials and construction, the size of the facility has been reduced to meet the project budget. Nevertheless, most of the original planned amenities will still be included, providing an outstanding recreation center. In March 2009, the city purchased 10 acres of land immediately north of the Library and east of Walker Elementary School for the recreation center site. Funding for the property was provided through city gas well revenue. The site will provide connectivity to the Library, Walker Elementary School and the future Performing Arts Center creating a civic core and a dynamic sense of place that will attract residents and visitors alike. Other advantages to the site include adequate space for on -site parking and future expansion. The recommended programmatic elements, which guide decisions on the types of facility amenities and interior spaces, are a result of public input and stakeholder meetings. In May 2009, two general public meetings were held along with 14 stakeholder meetings. Stakeholder meetings included the business community, educational institutions, current recreation center users, mom's groups, fitness instructors, seniors, city departments, youth groups and homeowner associations. The top requested amenities in order are: Indoor Aquatics, Cardio/Weights, Walking Track, Youth Programs, Aerobics, Gymnasium, Meeting Space, Racquetball and Senior Space. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � The public input received verifies much of the original programmatic elements as recommended in the Leland Study, the Town Center Recreation Center Executive Summary, TIF #2 recommendations and public input received during the initial planning stages between 1999 and 2000. While senior services were not originally included in the plans for the recreation center, staff is recommending that a senior facility component be included in the_ design of the recreation center. Although Dan Echols and Bursey Road Senior Centers have provided adequate services over the years, both centers are dated with facility limitations. By including a modern senior center in the design of the recreation center, seniors will have access to all amenities within the recreation center while still having their own dedicated space. Programs currently offered at the two existing senior centers would be transferred to the new facility and the existing centers would be used for other municipal purposes. To gauge public interest in combining the two senior centers into one new facility, a Senior Services Committee was established and three senior public input meetings were held. Of the 277 people in attendance, 95% supported the addition of senior services. The recommended size of approximately 7,500 square feet for the senior component is a result of public input and quantifiable needs based on current programs. Since senior services were not included in the original recreation center plan, the estimated $2.5 million cost will be in addition to the $21.9 million project budget. The additional cost includes design services, FF &E and a portion of infrastructure. Two options are available to fund the additional senior center space. With approval from all participating taxing entities, the TIF #2 Financing Plan can be modified to include the additional cost. The inclusion of senior services supports objectives of the TIF as well as the Home Town urban concept. The Finance Department has reviewed the TIF #2 Financing Plan and has determined that there is adequate capability for the additional cost. The other funding option is through the Park and Recreation Facilities Development Corporation 4B Sales Tax. This option will require that the Walkers Creek Park Phase II project be delayed two years and the renovation of Northfield Park be delayed four to six years depending on sales tax growth over the next few years. The Park and Recreation Board reviewed the recreation center conceptual plans, including the senior component, at their October 5 meeting and unanimously supported the recommended programmatic elements and conceptual plans. Schematic Design will continue through November 2009 and Design Development will be completed in April 2010. Following completion of the construction documents, facility construction will begin in September /October 2010 with the facility substantially complete by the end of December 2011. Brinkley Sargent Architects will present a PowerPoint presentation on findings of the public input process, the resulting programmatic elements and recommended amenities as well as schematic site design. Staff is seeking Council input and direction on the following: 1. Recreation Center Components 2. Conceptual Site Plan 3. The Addition of Senior Services 4. Method of Funding the Additional Space ($2.5 million) 5. Sustainable Design and LEED Certification (Information attached) Respectfully Submitted, Vickie Loftice Managing Director Leadership in Energy and Environmental Design (LEED) The Recreation Center and LEED Certification The recreation center will be designed and constructed using sustainable design practices. While staff is committed and supports sustainable design, the cost of certifying the facility is estimated at $200,000, depending on the certification level. The question is: Do we set the standard for ourselves and others in Northeast Tarrant County by certifying the recreation center as a LEED building, or do we as planned, use sustainable design practices but not LEED certify the facility. What is LEED certification? In the United States and in a number of other countries around the world, LEED certification is the recognized standard for measuring building sustainability. Achieving LEED certification is the best way to demonstrate that a building project is truly "green." The LEED green building rating system -- developed and administered by the U.S. Green Building Council, a Washington D.C.- based, nonprofit coalition of building industry leaders -- is designed to promote design and construction practices that increase profitability while reducing the negative environmental impacts of buildings and improving occupant health and well- being. What are the benefits of LEED certification? LEED certification, which includes a rigorous third -party commissioning process, offers compelling proof to all stakeholders, including the public at large that the project has achieved its environmental goals and that the building is performing as designed. Certification allows organizations to take advantage of a growing number of state and local government incentives, and can help boost press interest in the project. The LEED rating system offers four certification levels for new construction -- Certified, Silver, Gold and Platinum -- that correspond to the number of credits accrued in five green design categories: sustainable sites, water efficiency, energy and atmosphere, materials and resources and indoor environmental quality. LEED standards cover new commercial construction and major renovation projects, interiors projects and existing building operations. Standards are under development to cover commercial "core & shell" construction, new home construction and neighborhood developments. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -26 -2009 Presented by: Agenda No. B.0 Subject: EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code CITY OF NORTH RICHLAND HILLS Department: Economic Development Presented by: Craig Hulse Council Meeting Date: 10 -26 -2009 Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.072 Texas Government Code to Discuss Land Acquisition North of 6701 Davis Boulevard CITY OF NORTH RICHLAND HILLS Department: Economic Development Presented by: Craig Hulse Council Meeting Date: 10 -26 -2009 Agenda No. B.2 Subject: Executive Session: Pursuant to Section 551.087 Texas Government Code to Discuss Potential Economic Development Incentives to Business Prospect in Midwest part of the City CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -26 -2009 Presented by: Mike Curtis Agenda No. B.3 Subject: Executive Session: Pursuant to Section 551.071 Texas Government Code to Confer with Attorney to Deliberate Settlement Offer on Home Town Urban Partners, Ltd. v. City of North Richland Hills CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -26 -2009 Presented by: Agenda No. C.0 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, October 26, 2009 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Sapp A.2 Pledge - Councilman Sapp A.3 Special Presentation(s) and Recognition(s) - IR 2009 -109 2009 Working for Clean Air Award A.4 Citizens. Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Items) from Consent 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 October 12, 2009 City Council Meeting B.2 PW 2009 -040 Authorize the City Manager to Siqn a License Agreement Provided by Dallas Area Rapid Transit (DART) to Accommodate the "Water Line (Holiday Lane and Iron Horse Boulevard)" Project B.3 GN 2009 -081 Approve a Resolution Requested by the Regional Transportation Council Supporting a Statewide Proposition Amending the Texas Constitution (Proposition 1 on the November 3, 2009 Ballot)- Resolution No. 2009 -033 C.0 PUBLIC. HEARINGS C.1 GN 2009 -075 Public Hearing by the City of North Richland Hills for Proposed Amendments to the Finance Plan for Reinvestment Zone Number 1 C.2 GN 2009 -076 Approve the Second Amendment to the Reinvestment Zone Financing Plan for Reinvestment Zone Number 1, City of North Richland Hills - Ordinance No. 3075 (This Item is not a Public Hearing but is related to Item C.1) 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 -041 Award a Professional Services Agreement to Freese and Nichols, Inc. in the amount of $173,000 for the Water/Wastewater Master Plan and Impact Fee Study Proiect F.0 GENERAL ITEMS F.1 GN 2009 -077 Intent to Reimburse Expenditures with Proceeds of Future Debt - Resolution No. 2009 -031 F.2 GN 2009 -078 Amendinq the Code of Ordinances Chapter 18, Article VII Regulating Solicitors and Handbill Distribution, Chapter 70, Article IV Regulating Curb Painting Vendors and Appendix A Fees - Ordinance No. 3077 F.3 GN 2009 -079 Appointments to Naming Board F.4 GN 2009 -080 Cancelling the November 23 and December 28 City Council Meetings G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session A ends H.0 INFORMATION AND REPORT H.1 Announcements - Councilman Lombard H.2 Adjournment CITY OF CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -26 -2009 Presented by: Agenda No. A.1 Subject: Invocation - Councilman Sapp CITY OF CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -26 -2009 Presented by: Debbie York Agenda No. A.3 Subject: Special Presentation(s) and Recognition(s) - IR 2009 -109 2009 Working for Clean Air Award INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009 -109 Date. October 26, 2009 Subject: Working for Clean AirTm Award On October 20, 2009, at the 2009 Working for Clean Air Awards luncheon, the City of North Richland Hills was presented the Clean Air Silver Award for employers with under 500 employees from the North Texas Clean Air Coalition through the Working for Clean AirTm Awards. These annual awards allow employers to inventory their clean air programs and compare their performance to that of other area businesses, City and County governments. Award applicants are judged on clean air programs including commuter initiatives, business operations, fleet operations and community impact initiatives. Departments contributing to this award application were Neighborhood Services, Facilities /Construction and Fleet Services. Thank you to the Mayor and Council who have demonstrated a continued commitment to improving the air quality in our community. Your support of clean air programs in City operations as well as air quality education to our citizens made this award possible. Respectfully Submitted, Debbie York Neighborhood Services Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -26 -2009 Presented by: Agenda No. A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -26 -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 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 — OCTOBER 12, 2009 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 12th day of October 2009 at 5:30 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Scott Turnage Mayor Pro Tem, Council, Place 6 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Mark Hindman 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 Betsy Elam Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Greg VanNieuwenhuize Assistant Public Works Director Mike Hamlin Assistant Police Chief Eric Wilhite Chief Planner Patrick Hillis Human Resources Director Craig Hulse Economic Development Director Call to Order Mayor Trevino called the work session to order at 5 :30 p.m. A.1 Discuss Items from Regular City Council Meeting Agenda Item B.4, GN 2009 -071 — Mayor Trevino advised that the item would be removed from the Consent Agenda during the regular meeting. After Staff presented the item, Council would have the opportunity to discuss and vote on the item separately. A.2 I R 2009 -104 Tarrant Appraisal District Board of Directors Upcoming Election Ms. Karen Bostic, Assistant City Manager, advised that the election process for the Tarrant Appraisal District Board of Directors has begun and if the City wanted to submit nominations to the Board they must be submitted by October 14. The City of North Richland Hills is allocated 41 of the 5,000 votes, based on the 2008 adjusted tax levy. Ms Bostic explained the steps in the election process and requested direction from Council on whether they would like to submit a nomination. After a brief discussion by Council, the consensus of Council was not to submit nominations. Council was advised that an item had been placed on the regular agenda in the event that they chose to make a nomination. Since Council is opting not to make a nomination, the agenda item will require no action. A.3 I R 2009 -103 Small Scale Renewable Energy Systems Mr. Eric Wilhite, Chief Planner, presented a PowerPoint presentation on wind and solar renewable energy systems. The Zoning Ordinance currently permits "wind chargers" with a Special Use Permit in all zoning districts on lots of two acres or larger and solar panels only require a building permit. Council was advised Economic Stimulus funds are available for local and state renewable energy installations that can be used for projects to install solar panels, small wind turbines and other types of renewable energy at a public facility to generate electricity. Mr. Wilhite discussed small systems becoming feasible and desired by citizens and property owners. Staff is recommending the City begin to address the potential use and application of small renewable energy systems on residential and commercial properties. Council was advised that key land use issues to consider are aesthetics, noise, safety, and property values. The goal of regulatory controls should be to adequately address impacts in a way that is responsive to realistic concerns but not onerous to the turbine owner. Staff is recommending that consideration be given to applying design regulations on small systems as opposed to requiring a special use permit. Mr. Wilhite presented and discussed the following suggested regulations: Small System Regulations: • One per residential structure • Appearance control by color — must be primarily light gray • Prohibit any signage on units • Not lighted unless required by law • Removal of abandoned non - productive systems • Use current noise standards with caveat "or 5 decibels above ambient noise levels, short term" • Limit maximum height above tallest point of structure being placed on — possibly 12 to 15 feet. Large Scale Turbine Regulations: • Enhance current regulations along with Special Use Permit • Establish setback to height ratio (1.5 times height) • Height limitation not to exceed, such as 75 feet or 20 feet above tree line, no portion of blades may extend within 20 feet of ground • Required to be in rear or side yards unless co- located with on -site appurtenance (such as area lighting fixture) • One per lot • Prohibit any signage on units • Not lighted unless required by law • Use current noise standards with caveat "or 5 decibels above ambient noise levels ". Solar Panel Regulations: • Maximum percentage of roof coverage • Must follow same angle as roof line • Panels be less than 1 foot above roof decking • "Free Standing" or elevated applications require Special Use Permit. The majority of the Council members felt the City should start looking at putting regulations in place addressing wind and solar renewable energy systems. It was suggested that the regulations should also include provisions to address the removal of systems that become damaged and inoperable. A couple of the Council members had some reservations and expressed concerns with aesthetics and felt it should be more widespread before regulations were enacted by the City. The item will be sent to the Planning & Zoning Commission for their recommendations and then brought back to Council for further discussion and consideration. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072 Texas Government Code to Discuss Land Acquisition - South of 6701 Davis Blvd B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code to Confer with Attorney to Deliberate Settlement Offer on Home Town Urban Partners, Ltd. v. City of North Richland Hills Mayor Trevino announced at 6 :05 p.m. that the Council would adjourn into Executive Session pursuant to the provisions of the following sections of Chapter 551 of the Texas Government Code: Section 551.072 to discuss land acquisition south of 6701 Davis Boulevard; Section 551.071 to confer with Attorney to deliberate settlement offer on Home Town Urban Partners, Ltd. v. City of North Richland Hills. C.0 Adjournment Mayor Trevino announced at 6:56 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 October 12, 2009 at 7:00 p.m. Present: Oscar Trevino Scott Turnage John Lewis Ken Sapp Tom Lombard Tim Barth David Whitson Tim Welch Staff: Mark Hindman Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko Betsy Elam ROLL CALL 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 Councilman Lombard gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Lombard led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) - CERTIFICATE OF RECOGNITION TO MID CITIES PREGNANCY CENTER - COUNCILMAN SAPP Councilman Sapp presented a certificate Director of Mid - Cities Pregnancy Center continued service to the community. of recognition to Paula Odom, Executive in North Richland Hills for 25 years of A.4 CITIZENS PRESENTATION Charles Cole, 6825 Riviera Street, expressed his concerns on the importance of recycling and his concern for the deterioration of Tee Box #2 at the golf course near his home. Mayor Trevino asked Elizabeth Reining, Assistant to the City Manager to help Mr. Cole. Libba Murphey, 7541 Lola Drive, expressed her opinion on prayer during Council Meetings. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Mayor Trevino requested item B.4, GN 2009 -071 to be removed from the Consent Agenda for discussion. B.0 APPROVAL OF CONSENT AGENDA ITEMS eppRnvFn B.1 APPROVAL OF MINUTES OF SEPTEMBER 28, 2009 COUNCIL MEETING B.2 PW 2009 -039 AWARD A PROFESSIONAL SERVICES AGREEMENT TO DEOTTE, INC. IN THE AMOUNT OF $26,000 FOR THE IRON HORSE GOLF COURSE DRAINAGE IMPROVEMENTS (2010) PROJECT B.3 GN 2009 -070 ELIMINATION OF THE MAXIMUM CONTRIBUTION RATE LIMIT FOR TMRS - ORDINANCE NO. 3073 B.4 GN 2009 -071 ELIMINATION OF TMRS SUPPLEMENTAL DEATH BENEFIT - ORDINANCE NO. 3074 (Removed from Consent Agenda) COUNCILMAN SAPP MOVED TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM B.4. MAYOR PRO TEM TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. B.4 GN 2009 -071 ELIMINATION OF TMRS SUPPLEMENTAL DEATH BENEFIT - ORDINANCE NO. 3074 APPROVFn Patrick Hills, Human Resources Director, presented the item. During this difficult economic environment it was agreed that the City should suspend the Supplemental Death Benefit for the next calendar year. Suspending this benefit will decrease our 2010 phase in rate from 16.08% to 15.90% of payroll, resulting in an annual savings of approximately $55,000. Should the City decide to reinstate the benefit at a later date, there is no "buy back" of past and future benefits compared to other annually repeating benefits. To make this change to our plan design, TMRS requires City Council to pass an ordinance discontinuing participation in the Supplemental Death Benefits fund. COUNCILMAN WHITSON MOVED TO APPROVE GN 2009 -071; ORDINANCE NO. 3074. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. PUBLIC HEARINGS C.1 GN 2009 -074 REQUEST BY RIVERCROWN INVESTMENTS LLC TO CLOSE AND ABANDON A PORTION OF SUSAN LEE LANE SOUTH OF SHORT STREET — ORDINANCE NO. 3076 (THIS ITEM IS NOT A PUBLIC HEARING BUT IS RELATED TO ITEM C.2) APPROVED Mayor Trevino called on Ernest Hedgecoth to come forward Ernest Hedgecoth, 5701 C Midway Road, came forward representing the applicant. He was available to answer any questions Council may have. Eric Wilhite, Chief Planner, summarized the item. Rivercrown Investments part of the Huggins Honda properties is requesting approval of a Replat of Lots 14 -22, Block 4 and Lots 12 -14, Block 5, Richland Terrace Addition into Lot 3R, Block 1, Rivercrown Addition. This includes previous single family lots purchased by Rivercrown. Part of this plat includes the closure and abandonment of Susan Lee Lane south of Short Street just north of the west -bound service road of Loop 820. The abandoned roadway will be utilized as part of the expanded Huggins Honda Auto Dealership. This proposed land use and road abandonment of Susan Lee Lane south of Short Street has been part of the Comprehensive Plan since 2002. Portions of the street right -of -way will remain as drainage and utility easements as indicated on the plat. COUNCILMAN WELCH MOVED TO APPROVE GN 2009 -074; ORDINANCE NO. 3076 CLOSING AND ABANDONING A PORTION OF SUSAN LEE LANE SOUTH OF SHORT STREET. COU'NCI'LMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.2 RP 2009 -01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM RIVERCROWN INVESTMENTS LLC FOR A REPLAT OF LOTS 14 -22, BLOCK 4 AND LOTS 12 -14, BLOCK 5, RICHLAND TERRACE ADDITION INTO LOT 3R9 BLOCK 1, RIVERCROWN ADDITION (LOCATED IN THE 4800 BLOCKS OF NANCY LANE & SUSAN LEE LANE - 2.928 ACRES.) APPROVED Mayor Trevino opened the public hearing and called for the applicant to come forward. Ernest Hedgecoth, 5701 C Midway Road, came forward representing the applicant. He explained that after acquiring multiple lots the property needed to be replatted as one lot. He was available to answer any questions Council may have. Eric Wilhite, Chief Planner, summarized the item. The applicant, Rivercrown Investments (Huggins Honda), is requesting a replat of several previously platted residential lots in Block 1 Rivercrown Addition. The purpose of the replat is to create one large lot by combining twelve previously platted lots and a portion of the Susan Lee Lane right -of -way. The homes around this area were purchased by the applicant during the past year and demolished. Combining all of the property will create a single large lot. This lot will be combined and included with the existing large commercial lots to the west and south sometime in the future. The proposed replat being brought to Council at this time is an interim plan and is being done due to financing strategies and different investment entities being involved in the various properties. Huggins Honda plans to expand the dealership to the area being platted. The new site development will include a structure for vehicle repair, part sales and corporate offices. The Planning & Zoning Commission recommended approval by a 6 -0 vote. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN LEWIS MOVED TO APPROVE RP 2009 -01. MAYOR PRO TEM TURNAGE SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7 -0. C.3 ZC 2009 -07 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM GALEN AND JANE DINKEL FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R-1 -S SPECIAL SINGLE FAMILY ON TRACT 1, ABSTRACT 1365 (LOCATED AT 8936 RUMFIELD ROAD - 1.930 ACRES.) - ORDINANCE NO. 3071 APPPnVFn Mayor Trevino opened the public hearing and called for the applicant to come forward. Ernest Hedgecoth, 5701 C Midway Road, came forward representing the applicant. He explained that the zoning request was a vacant lot where the applicants wanted to build a residence. He was available to answer any questions Council may have. Eric Wilhite, Chief Planner, summarized the item. The applicant, Galen Dinkel, is requesting a zoning change on a 1.93 acre parcel from AG (agricultural) to R -1 -S (special single family). The purpose of the zoning change request is to bring the property into a residential zoning district classification in order for the Dinkel's to be permitted to proceed with the construction of a new single - family residence. The Code of Ordinances requires that in order to construct a primary residence on a property it must be platted and residentially zoned. The Planning & Zoning Commission recommended approval by a 6 -0 vote. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN WHITSON MOVED TO APPROVE ZC 2009 -07; ORDINANCE NO. 3071. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. PLANNING & DEVELOPMENT D.1 FP 2009 -02 CONSIDERATION OF A REQUEST FROM GALEN AND JANE DINKEL TO APPROVE A FINAL PLAT OF LOT 2, BLOCK 1, JAMES ADDITION (LOCATED AT 8936 RUMFIELD ROAD - 1.930 ACRES.) APPROVED Mayor Trevino called on Ernest Hedgecoth to present the item. Mr. Hedgcoth came forward representing the applicant and explained that the final plat was needed for the applicant to build a residence. He was available to answer any question Council may have. Eric Wilhite, Chief Planner, summarized the item. The applicant and property owner, Galen Dinkle, is requesting approval of a final plat for a 1.93 acre tract in order to bring the property into conformance with subdivision regulations prior to constructing a proposed single family residence. A zoning change request is also running concurrently with this final plat request in order to bring the property into a residential zoning classification. The Planning & Zoning Commission recommended approval by a 6 -0 vote. COUNCILMAN LOMBARD MOVED TO APPROVE FP 2009 -02. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. PUBLIC WORKS E.1 PW 2009 -038 APPROVE ORDINANCE AMENDING SECTION 54.121 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; CHANGING SEVERAL LOCATIONS AND TIMES SCHOOL ZONES ARE CURRENTLY IN EFFECT - ORDINANCE NO. 3072 APPROVED Jimmy Cates, Public Works Operations Manager, presented the item. The School Traffic Safety Committee (STSC) is recommending changes to the School Speed Zone Time Limits that are currently in effect. These revisions to the school speed zone times will better match the periods when students arrive and depart school campuses. This helps to calm traffic speeds during arrival and dismissal times around the schools, which helps to enhance the safety of the students. Staff is recommending approval of Ordinance No. 3072. COUNCILMAN WELCH MOVED TO APPROVE PW 2009 -038; ORDINANCE NO. 3072. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. GENERAL ITEMS F.1 GN 2009 -069 TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS - NOMINATION FOR UPCOMING ELECTION - RESOLUTION NO. 2009 -032 NO ACTION TAKEN F.2 GN 2009 -072 APPOINTMENT OF CHAIR TO REINVESTMENT ZONE 1 (TIF #1) AND CHAIR TO REINVESTMENT ZONE 2 (TIF #2) APPROVED Patricia Hutson, City Secretary, presented the item. In accordance with the Bylaws for Reinvestment Zone Number One and Reinvestment Zone Number Two, the City Council is to appoint the Chair to both boards on an annual basis. Mayor Trevino was appointed last year as Chair to both boards. The other officers consisting of a Vice - Chairman and Secretary are to be elected by the Board of Directors. COUNCILMAN WHITSON NOMINATED MAYOR TREVINO FOR CHAIR ON REINVESTMENT ZONE NUMBER 1 AND THE CHAIR OF REINVESTMENT ZONE NUMBER 2. COUNCILMAN SAPP SECONDED THE NOMINATION. MOTION TO APPROVE CARRIED 7 -0. F.3 GN 2009 -073 APPOINTMENT TO PLACE 7 ON THE LIBRARY BOARD APPROVED Councilman Welch presented the item. Ms. Jane Birkes who has been serving in Place 7 on the Library Board has submitted her resignation. Councilman Welch recommended the appointment of Mr. Jerry Sorensen to fill the vacancy. The term of office for Place 7 will expire June 30, 2011. COUNCILMAN WELCH MOVED TO APPOINT .JERRY SORENSEN TO PLACE 7 ON THE LIBRARY BOARD; TERM EXPIRING .JUNE 30, 201' 1. MAYOR PRO TEM TURNAGE SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7 -0. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA #1 DISCUSS LAND ACQUISITION SOUTH OF 6701 DAVIS BOULEVARD APPRC]VFD Jimmy Perdue, Assistant City Manager, presented the item. Staff recommends authorization for the City Manager to purchase 0.5 acres of commercial land at 6612 Snider Street in the amount of $230,000; to amend the 2009/2010 Capital Improvement Project Budget in the amount of $250,000 and to appropriate Gas Development Reserves for payment of property. MAYOR PRO TEM TURNAGE MOVED TO AUTHORIZE THE CITY MANAGER TO PURCHASE 0.5 ACRES OF COMMERCIAL LAND AT 6612 SNIDER STREET IN. THE AMOUNT OF $230,000; TO AMEND THE 2009/201' 0 CAPITAL IMPROVEMENT PROJECT BUDGET IN THE AMOUNT OF $250,000 AND TO APPROPRIATE GAS DEVELOPMENT RESERVES FOR PAYMENT OF THE PROPERTY. COUNCILMAN LOMBARD SECONDED THE MOTION'. MOTION TO APPROVE CARRIED 7 -0. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Whitson made the following announcements. The North Richland Hills Police Department is hosting two community meetings based on the geographical policing districts of the City. The first meeting is scheduled at 7 p.m. on Tuesday, October 20th in the Richland High School Cafeteria for residents who live in Districts 1, 21 3 and 4. The second meeting is scheduled for 7 p.m. on Thursday, November 5th in the Birdville High School Cafeteria for residents who live in Districts 5, 6 and 7. Residents will learn about Police Department services and will be able to meet the officers who patrol their neighborhoods. For more information, please contact the Police Department at 817 - 427 -7021. North Richland Hills is proud to be the home of the Texas Brahmas hockey team! The Brahmas will. play their first home game of the 2009 -2010 season on October 24th at the NYTEX Sports Centre located at 8851 Ice House Dr. For a complete game schedule and more information about the Brahmas, visit www.brahmas.com or call 817 - 336 -4423. The public is invited to meet North Richland Hills' new City Manager, Mark Hindman, at a reception on Thursday, October 29th. The "come and go" reception will be held from 5 p.m. to 7 p.m. in the pavilion at Iron Horse Golf Course. To RSVP, please contact the City Manager's Office at 817 - 427 -6003. Kudos Korner - Brenda Talley, North Richland Hills Public Library. A comment was received from a customer of the Library regarding the excellent service provided by Library staff. The customer was especially impressed by Brenda Talley in the Adult Services Department. Brenda's kindness, friendly and respectful attitude, and smile say a lot about the city's Library, the customer said. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:50 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 10 -26 -2009 Presented by: Gregory Van Nieuwenhuize Agenda No. B.2 Subject: PW 2009 -040 Authorize the City Manager to Sign a License Agreement Provided by Dallas Area Rapid Transit (DART) to Accommodate the "Water Line (Holiday Lane and Iron Horse Boulevard)" Project The "Water Line (Holiday Lane and Iron Horse Boulevard)" Project is identified in the Capital Projects Budget as Project No. UT0806. The project consists of the installation of approximately 8,500 linear feet of 16 inch diameter water transmission main along Holiday Lane and Iron Horse Boulevard between Mid - Cities Boulevard and Janetta Drive. The alignment of the water main is such that it will cross two (2) gas pipelines and the DART rail line. Since the DART rail line lies within railroad ROW that is proprietary to any easements or Rights -of -Ways that the City has at the proposed crossing locations, the City must have the permission of DART prior to any construction within their ROW. Public Works staff and the design engineer (URS /LopezGarcia Group) worked with representatives of DART to obtain permission for the new water main crossing. DART has indicated that the location and elevation of the proposed water main as designed by URS /LopezGarcia Group is acceptable. As a final step in the approval process, DART requires that the City sign their "License Agreement ". The "License Agreement" stipulates the terms under which the water main construction is allowed to take place. Specifically, this document states: • The City recognizes the rights of the ROW owner • Limits of improvements allowed within the easement • The City holds DART harmless from any liability associated with the construction, maintenance and repair of the proposed 16 inch line • The City's Contractor is required to execute a Standard Contractor's Agreement and maintain at least $2,000,000 in insurance for work performed in DART's ROW. This document is required before construction can begin within the railroad ROW. This document has also been reviewed by the City Attorney. The project is currently in the pre- construction phase, as the Bid - Opening date was August 27, 2009. Recommendation: Authorize the City Manager to Sign a License Agreement Provided by DART to Accommodate the "Water Line (Holiday Lane and Iron Horse Boulevard)" Project 1 -M1DzC1TIES-BL-VD L Water Line (Holiday Ln and Iron Hors'e,Blvd) �ORSE-1312%'D TRINIDAD -DR Existing DART RR Crossing 41 \ % , % 11 —DICK-,LE-WIS DR Z O 1 '-00, i ) � Water Line (Holiday Ln and Iron Horse Blvd) E RICHLAND HILLS RL- 1-00 it MAI Ak, C7 Uar UrO tWS\:1p U2j^v�--H4c.1 :.1 -w r.,,r r ,- n- Pru*-(A _;",pcatur Klap n Seracis Depz Imert - A. C WN' M) LIC U-.',NSP,AG'R.E I-,.:M F Pit' J.Acens,e`), ty? and Inween DALIAS ARLA RAl"ID FRANSIT(Vicensur"j, a crci-tecj, mgauded anti existing pulmant 14.-) Chmpter,4.52, Was Transp rtmion Code,, a,, -)trlen.dled (.til '.fat "� ind CTI'A 010 NOR TH RICHLAND HILLS ("Licensee"), a Was murticipal wrimmalkin acthig herein by and throupoi Us duty authorim.-I ot'llcia-L. rnu-tiliny, add.re.is is. 11 (). I% 82060Q, Ncwth Richhaind 1-4itts., Tcxas 761182-0609, PUNSU.1 0 4' ag �,-e .eint L:iCerism and FI. Worth tk W'cstrm� Railr(ia.td, [It t n a 1, gre m (hei,eb.-,ia;fier tile "Radr a ��), flr6 lit exist cmLicerlsor's corridar, W." I T N L S ,-S E, '*I*:[-,,[,,. L NwImse. Lictwor herehy . ala's a liewlse (tire "Livens e) in Licensee t.`oir tliw: pl..mpo.ses kistalling; maintniniq.;, -Ind c>perating!. mw 164ncb. "ate r linc installed m.--idiin a-10.-inclt stet-.l "llerinitted 1n1PT'0.Vtf�1f -1 nf'), Cros-Sing. the ccdon Be-11 I.Ane, -nollheast ol'Rul.`e Snow Drk;e. al it Pc st 6`23,911, in North Richli-and mus, 'r arrant C'ou:ntyj 1ex-as, 111.0re: pa-rtku.la. CICS:Crible.d 3° : sht,#Nvll hi Ahibit "M attached and incorporated berein. fib all j-perti.nera. fmirp )s'es- (d) "Property"), "I lie Properiy shall be usM by LAcensev solely tOr the pt. rpose of operafing -ad (the ".P-en.n.itted Lise'S. Licensee � right to timer upon at toe The Prt.-,tpk�rty sbi<--ill be Whed sollely to the .Pennittcki Us. and thc [ rtt.iittcd linpro-vem na, 1 I-erm, 1 Iii s shall beghl on the .17 tiny of().ct.(:�her, (thic thereafter L11161 tern-linated hy Wthm- pary as rwovided 1wrek 3. Conshlerathin. 3.4-11, 'l £i. tbr the gra.rltklrg of this License Shall bC (a) payment, by I L'icensor tile 'urn of"SIX HUNDRED ,VNID N01100 ($60M) DOLLAUS per �ail.num, paya-ble aninjally in advar-ce (tile "l-Acense FWX and ltb) th. 11 L icen:,,wc of mich of the wobliggdions mulertaken toy Licenset" iri, this [Jcensz�, PROVIDED. 14ONVISVER, that. the "LAcense Fee" , 1-1,111 tie adjustcd zu-u-luafly 1"cillom.--s: a) 'Ibc: ac jiun-nevt and cliartge in tile License Fie shall be.dacrmi-ned accomling to the cast. of King c hangas in the Con.,mitner P*-ricv, hulex Wr All L--.rban Dallas-Fort Wotlh, :1 X., "Ali tremi.& ns published by IN Bureau sof I-Aboor Statistics, t one".. of 1-:abor (t he "C"M Index"), b) f1w 4,A)l hidax f1ppire kir We irmth opt ' Septei:nber 2009 is hcreb, - fix d antl cii -ah ass'. the 1jassc Ir'.-dex. Figu.re in the C(.milputatioii c)f ad I ju!iIiijent, of witals hemin. pruvidcd fi-,r. At the - w of each annufl. period as proided h-crei.t.). tl-sc CTI JaW Or LhC MOM Of J111): of' sucti ' car -, h,,all. �be ascermined a-nd ii.med and d.te rent for the 1��,.Cxf annual juxio'd s.,half he ljtl� 'by , increasing or decreashig the License Fee, Per enitlige-wis� as the CTI Inclox t6r the roonth Of July has inzi-eased or decrea.s d as, compared vk%ith- ttw ffiu-c hn&x Figur as, [-mtrei,li fixud, F[:0:WF,',V[:R, that u-mle::r 11C.'t shall thc ace ever be less thmi 560030 per yvar, it) If any 1i tile durimly,, the t n hereof thV 1.) l3ureau of 1-abor Sualis'tic, shall discotith-lue th.c. I ` "t, 1 of 16 issuance CIF tile CPI lex, tai e par fics- liall tine an-�' ofiler staitdard nati"Inally rccogrdzed Cost- 01-hvings; ir.dtx lbr 11".-v Dolhws-.Fort `orthi area theti issued Eund avitAbIn wEddi is published the 1 �'S' Govel".111.1101L LO Ac� Lpruince of any [Acense Fee by Licensar after NvAtte'r.l. notice of t rmiriation ar - r xpiratic-,"I ofthis License sball not noivi.sultc, continue cw extunithe wrins WAS License, 3A2. Any payrneni not received b; Licensor by the 10th day after it .18 dae� shall b,' a." hue ch-argv oCSS.2. .100 to help c4f et 1.14e Cast involved in handl ng Luc pi y-nio t nt 3,03, � ' flaytilent, aot rt cci� :c:d lby Li� ens(.-�i by the 15th day 1-ifit r it is du-e Pa-ynnt�'IIT. S[uall bear at the raw of 1 s- I pet, arinturn f`roa� flie date it WaS (ILIC 11111i it: jS PUid, A addhOn to the tate Charlpo I cuse, This Licetise i:, 4 Non Exclusive I,ic , ject cr (3) liny exi's-tir)w« utilky drainage or coinni-nink'atiol.1 f tcijlivy luc-ated in�'j Orl� kjnider�. O�r t1pon. the propert��.-- cown, d by > 1L.-icen.'scor, a-ny Railroad, utilir'yx -c"'r Public or pri-v�a.ie Al vested rights presen.flyr oon d: b any Railroad. Why tv caniniunication company., kocaied -wifl-dai fl-ic ofthe Pn, pert,,y; iand any e-Osting le"a sq kense or oth-er interest in the Prq.-'ier , gwed by Licen-sor to any corporafiosn Or other public ctr 5, Design, (.7atistruoion, Operzdan and tvsc of the Prol-wny and 'uijkoin- g prolierry may aii i, flip u-sc of Acubally: p'cnvered equipinent, Licensor's iltclti io'n 't+ it A system uf invusures desig-ried to: redaox stra.V CUrTent MICh inny cawQ [Acvn see i -s s hereb� 'warned that sue b ineasures many not pr iwe.-at electrical c-urrent. beirig prcs t 1. pr o in -ity 1c) ., fl-ico Pertuitted Improveinen-I and Mal such presetwer k �'OU[d pr dijve corrosive Of.* cts tct the Perin it ted Jaipt-ov e in cit. 5,01, Afl desigg.., consauadon, rccortstructim, Adic Perinitted fi:nprwerf-""eju on thePropc4rty Shall be clone in sa0i, a. ajarinersotts Ift. ito iia r-Cere in any yt'vtly 'pi-'ffi the operations of Licen.t)r in- otber Raila d v€ peraij ails. 11.1. IntrtiCUIZIL �.. th(diC PrOICCAM C?J' ot-her sm"I'v, cilrrcnt nicasures of the Pernlitled as required shall he ruadle a part W* the des'iia'i uind cunmetion of the Pcnrnitted lin pro vctrne.rtt 5,02, Dulin -f tile desityrt Phase and prinr to Cornniene n- : any construction on the [Superty, a copy- of' the col-vAr"'Iction. phin's sh'I"oving Che exact, t�ype a.T'Id depth of the coiistrueti:un,' ariy Cad-lodic FavectOn nwasu.r.es and atl.y w-ork-itig area., simtl be s,&n.-tived vvritten. approval iii Lic:ensc.w and R.-nilro.ad. Such gig ppr:(.-r' ail Sliall not:bc arareasonab-1-11y witj-ihelti, No: w;urh. shall Conlinctice witil said plans ha btect approved by I'Acensoz% 5,03, By ac-��.c:ptawlce of thisi. 1"'Acense, Lkensee agrees k) desigm, cori... t,--nict and mai-r-t-tain thc Penuitlxd Irnproventclit, irl such . rv-mirwr sc) as not L-) erent a kziz-artj to th : use Ofth':Q Property, and .'.Tee,slu pay w.-ty cla,magas �,,vhichtmay ll- I.-Casoll eww 's tuse of Ube floperty under this License. .3-04 By awccpwricc of this License, Licensee covenants =1 agwees to WGUIC and niainiain a MIM-111"Ible Itsting -irn to dheternriro�,� ,vilet.her or- rl'of addiriorual cathc?dic jnc-'tection of its FICTInitio-I '..' prtq r. Iniprovetri-ent is t.wc.essary mid if it is or s "it ul....1 tiecon-le necessar�.' Prot tio;n sh-all be ialrulcdiau 1-y Whiaed try Licensee at ks sole cost and expense, 505, Absence of n-tarkers, du) "of Constitute a warranty b :: Lirt.,-nso.r that fficiv are -tit) Subsurr-ace installations ()o the Property. 2 ol"6 NTUC Post 62 311 146. Ucensvc xhall tonyvitle to Licensor- final constructit-ni. drzrwingi diat airs sigiied sartd sealed by, a Texas Pirak-ssiovral Engifte 1, ��itfikj sixly (".6 , 0`7) days of co-111pletion of the ji n-)j ve Govevat-tiental Aj.,prcf-vali� [ACCUSUC, at it., Sole Cost and expeias-, sh.all be resp?o.nBible is -,ncl shalll Obtahl. any ancl all license pernt it: �, or approN:,tki ft,'roln an.. ri(j all goverrinlenta-1 aggencies- dera-1, mwte or [,)c-kil, requied to carry-on am : aQfivitv . i n poralittecil. here 7 Licensor's Stanthard Cantract and Insurance. Nc5 v-,�olk on -the Property sh.111 the con-nner-u-,tc! b,v Li�:Ln,isce 't i -nt,ct*3 r for Lice as:e:e uritil such Licensee or coturactor shall ha%:--e e-�ecurted 1-icensur W . . or imiv cc�rit Standard (*...*c)i.,,,tr-a�,'.i.,)r':.,�, Agreer-rwnl coveting such wark., and huis Furnisbod insurance --'overage in su-h an-.. unt,'s. and tNj ,.,; xi ; shzi,-H be: s,,1:(-kfi,,ivx)ry i #.13 Licensor. ik, Colaparly- , Issue(] iclentificatiou of Licensce's ernployees., or .1s eras sh-al be reqn.firetl tci o�ri the Proper- :. & Duty i-.*f Care in Canstrualue, Hcensee nr its conactur shall usice� caw �Jtlriing lhie p:cricKj and thereafter, to avoid daniaging a.ny ie,-,xi sting buildings, equiptnent and vquvati-onc on cr ab"-)w the Pl�ojx-rty aru adj icerlt Propelly ownecl by or under the coninkill oT -)r, I f t h fiailure to use ivasouabdc care the 1,icerlsece ar its coturactor causn, dama-g, : to the Propeny or wil: ac"tj.-icent property, the Wense3 : an&,oriii y replace or repair the—a1.'aaage at its;? i , cunt or expense to Licensor If Ucen:' e cir its contractor ON or refuscs to intike or etfect any 'tic repair or replacenwin, LAc4..l5or shall have tile - ight. but n(A the CAA&aiicnl, to ruake or effect ant such repair (n ! 5a Placenle-ni at the Sule cost and -xj.w,!,-nsC J Uwassyc'. vvilich ' .ost and exp4crise 1,icell"S"Ce. U) PAY U.:' UCCIUSCto AU111 TH)t U kC Or PCIMS tho use of the jj� : lb" wly purpose- fl--.i,at lie i.n vi' kation of ..-Iny locaL staic; of federal laws pertaining to heald-1 flie ell viron-1-ner-1 , . in-cluding Whed tv, the Ccn :pv�-Jwnsiv- Resix.-Inse, CAupensadot'i. au.0- Lkjbilhy Pvc! (WERCOC)., Tile U10 Recovery Awt ("RCRA"), die Cleaw Water Act ("MA'") and zbe (Acan .Air Wt ("CAM), 9.02, I-icc-w-s c v�a.vran- that tl-%� llern,,irted I.J.'se of the Property will iao i%s.t lt in ft-w di as a[ or other rehka��e of atj,�, ltazardlms submance or soRd waste wi or to the INUPerty, ar-ld' tbat Ir w i I I u,--Ike ii,fil step'-i> necessary h:) e;�-Isut 11.1rat li,) -It h.. ha,zar;.Jo.,wz suktance or solid wa:te evvr be dischaing.od, ( vwtc the Property by L:iceasec or its 0:)ntra tors, 9 03, 141C tenn...-ts; `haza Js" u.-�.,- substance" and "release" whall have t1w, i specified iu (a ERCLOk and the tanns "Solkl waste` ar".1 :,dlispvsall' ((-n �ttiisp, --L a shall ha-v, the treabungs ape it=em ir. i M the .0 A.. PPP-OVIDEf.), HOWEXLR, Oitil in the event oidier CE R. LA or ROM is arneiidwl sc; as to MY= the Acarifng of any terni delbied then b y., �uw-h broud. r inear viiig -shall apj-1,�,' subsequeni to IS- eff ctivc dxte of - u"Ch and 11RC)VIDED to die extent. t hwt the laws.- th Sia.-fe of Tex.-ts establisi.h a rneaning Efor `haz-.--i.rd4-J;L1S substai.-ne"'. "relea-sc", v0id waste"t vvilict'l is broadvr than" that Specified n eil'.1-wr or RCIRLA, 91)4, Liccivve sh 11 indeinnif and hold Lievosor and fta-.ilroad hari 11-less agnainst all rum f envir-011111en(a]. clea-rl tip to the Property re's-n4ting froin, Licensee's use of the Prc per:t y tinder, this 1ACCUse. M Mechanic's 1-Ava, Not. Permitted, I Jcerv�.ee shall: f1illy p ay for iii. labor avt�l n-ialcrials :ass d in, o-T.- ot pen. it aif n's of an- --, r-uaur tc: b .j. Property and MY! nin, n - or , T�r any inecharti 'S lien� 3 of 6 SIHC W1 62191 af'fl Cixed ugains 1113: Prop.- rt by reagan of tin), work done t,,w rn,, h I to the 11roperty at �jteri fiu "I in,"lan c tu' req.t.wst, Ma-intenance of Cosuplettel Per milted Iniprovernent shall be! mairaidned by t e JACCIISCI, in, such a manner as to keep thc.,. [In.-yier-ty tfr t E '.jod and saafix co.-r'tdition vv ith res'pet t-&") Uceusecvs use, In the event the L:ict'l.-isee to mahnant. the Proj.'x.-Tty kwi, reelluired., t-qxxi dh-:co%e� [Aecn!l�'or shall natits Licensee of Such uxurence in. [n III C�Cnt I ren.-te:cfied the fai"'ur ten (10) clhy-" frorn the date t-#f stic'ti Licensor stiall have the riglit, bui not the My% to rewnedy such haflize x: th role cost and expense ofTicensce, In the eve-rit Liecn.sor exurdses its right u,, -reiurleul� J'Acens. fiiillurr, 1 e a� wei to inumedhaely pay to a.11111 costs. iri urr d hy I icen- or tipt'-wi del.:navicl' 12, Futur L'se. by LAcensor. 12-1t, L I*hi� 1-ieVfl-SL UnAde SUI,'�ject "irld' subttrdinate to the tv."e th'c 1'rop. rry f-cw an.y purImme whatsoevarn 12- 02, ho 0.-w , vcnt that UCC11101- shall, at av) firn:c subsequen.4 U.) the daft of this Heense, at, it, sole discr lipti, docrmine that the relocaticni of the Pertnitted lniprovetnnent shall be nec. ss."ary: or convviOnt Or Umonsim- I we of the 1hapeny, Licensee shall.. it its sole cost. and 'exper"'Se re-lo. ale satif'] flertuiltvd hulnownent So as nx-�i to, inter-fiere vvith Lictunsur 's or Ueenstxr: 's sJs."I.kigns use Ofthe I'Iroperty. In this regard., Licensor may., but i-,; not obligated to, designate othcr p-ropert�, f, r the relocafion of the Perruitted hnprw� entcra, :A of thb, (30) days written twfice fior the exercise of one i.-)r of the ubove actions AM be givvri by Ucemsor- Rcicva.dun� wift o Lar vsithifl, thiTIA... (30) days anl'-�S.s exiended u.n.a.ual agrecinent cifthe paxtit- 13, Relocation Benefits. The ImMes heivto g e: that th".. con. tru iiurl. Lff the Per 'Tedl Unp-rovemerlt otl agre , tyre Pnol:wrt.?y ihatl be -.s.uh:wquent to the a quisitiorl. of the Prv-,p�rty, b,�.-: Li,,-.cnsor.and Ovit her vvaNfL-.a..n.y and ��all claim Max A may have under the Act, cis` cnherwise,, reg�.trdinv the payrnei-ii- c)f any aiiJ ii1l N�ncfits and T-hax all costs associa-ied vvith any Mocaiion of.u.cli sluall be borr-,e by 14. Duradun of ticense, Mis Uctnise shall telyninale mill b of ac-, firther force s,uxl cf." Ct (..a.,) in th.e event 1ACCusee. Shall discanitinue or a'rvandon.. the u--'sr' i"A' the pert-nitted linprovetnent, , (b) in the ewnr Ucense'a Shall relo, ate th, rn-iifixxi bmprovennerll froll.l. the Property, (d upan tern'tinal*:ni in acs ordan.ce with paragyapAi 19 Whis We= whid-,ever event first 15, Coutpliauce NVith L-4-ainn'.-ki aid Regullatiolts4 Uccusve agrees to abide by and be governed by all la ordinanct�s and regulationN, (.)f tiny -and all goverannienta-I ent-ities having jurisMiction cwer tll-e Licenser all-ij by Raltroad regulwdons, paliciti. and Operadng procedures estaNkhed hT the Rritilro dF or tither applicaht Railroad regulating bedieq and Uremsee agrees to indenwify mid h. old Lictusor harudess rronj. all Rdlitre to so aNde and till action.s.resultin 1001. Licensee shall delkid, protect, and k.e...ep.Lictti-sor and the Railroad forever harnil"is aud itidetunified airu. ag. g qt and I'rorn- Any perralty or, dainage or chargt.- illIPOISed t"hir ally, violaticl.n. of . any taw-,. ortfinance, tide art iregulariou arising out or the use of the Property by Hcenseq hi vinployets, oftvrs, Jgvents, ov- assigns, or those holding un(ter (Acensee; WWI Ueensee shall at all demes prat , isjdexnnif�,� and it. Jis the exprv-ss intention of The purdes Mew lilt it 1-1cens'ek kohl IAC-ensor anct- the Railroad harnfless, against and -from all ;,And all. "WORnmeag OcRulk Snow Ww", 4 of 6 MUC Pon 623 It I r - mzh u r".'r fixt". loss, Cost, damage or v:xpense.,, ins D."ding.. tilt orney's f fwe d including claims of negligen.xv, arising out ofor froin.;any accident or on or about saki Prt), wty result-ing fton�) tus-'�e :of dje In J."raperty by Uceasec it. officers, er.njaloyces, ag.cfjtt ell, tomers lind invitee -S., all thles prolert, inden-11111ft and hold Lwv�tisor and (he R.4ailm d 6,03, Liccusee sh3l) a barnAss agAinst and froal. anin and A loss, cost, datt.tage or expensr, inclutling at't.orney:'-*; fees acid inclutling cluinnal! negligwe, or-ising out of any f lure of"Lle-ensce. its employces. Officers, ag contractors xw asAgns hi any res.pect 1*0 cOMMY With wild perform: all the rrquirenw rite. . ai-I'd 17. Tenninadurt or men se. At such One! as ibis L il :Crlsv nlay -be wri-nintited or canc. led fOr ari y reasm ImIsoever, Lii�:eTISCC5 3-1po n. requeo by Licensur, shmill rernove all irnprovcan Brit , and appmenances, cnvnedl [�s- it. situate d in. ory imider cor attaclied to the Properry. regardless off -,�v-hethwr or mx '."tich i.r'uljrvV�'.'ITwIItS m-t re J..flac.'.cd therecm 11y Liemsew and shall mmore the Pir ju,--rty t ti, condifiz-t s�-afisflctow�': to 1-<icerlscwj�' ai I-i"rlsce�s sole expense, IS'. A.,sis.'gnment, licenissme: Shall lump a:�isign' ow r its nig ts u-t-d-er t 'ense in wh�,alc or i-n pax t., or pert.nit zttr othcr person, c�r entit, -'c4 uw tile License herely.y.- gri.u-ited V�itllmjt th. pric�r �vriticn cort.'s-'ent C-f Lictworwhich. [i is: u-ndertio obligation to gra g - n C Methods of 'Fermination. Ilis license may be tcr?nifiated in mny of tile 19,0 1. Ely WTACII 111, 02, B'y* - i it.h. er part p, i v i I'l g 1.1w wher Imly thirty (3 S. WT ittell 110, ( ice. 19.03'w fl)::: eilhzr pa•ty, upot-I fii.]Rure of the imber part� to perf—ri-n its obli�_gaiiorn as sct fowth in this License. !" 0, 20.01. P w whe.li tted o quir by this License, it shall be 41 writing arid shull be deemcd, dvh :erckl wllen delivered, hi f,)erswri or Own pta�.:ed Prepaid, hi. Lhe Cerlific-,L Return Receipt ki qt-j-ested, ari,! addressed to We ImSes at "be Dafh<is Nrea Rapid 'I'nan-sit. 'C"M 'gets 1 Vac i ri C A veii u e A 117N Railroa-clMonagement C .*'*iq: of Ncwth Ridi-laritl Hills 7:3 0 1 Nf-.I..xiop 820 Nord"t RichhanLJ NO Texas 76180 P. 0. Box 6601631 P (), Flos 82060-9i North Ri;z.hfand I.-Ii 165 I e-xiis: 76182-06W) Eithq party m-a Am timne m time ale siEgiate anothm and diiffc.nmt: tbrr rectipt ofnwi- t by giving --of stich cl-i'angc c-& ;ukiress, -'icense slia-11 be conslued under zind in ii.ccordanec �va r.l.-ic lav'� y' Of (h. State Man ;16 NI Ha Nu 623 11 INUh . 2MER 101irew 'uni'j r;; agxet nte.r."t Pus License t,!nni -d- pard'';'-s wnd super edks all 3 6or agmemen, an'd if an� s -rela fl3 g. to the Praptrty and d4-� c.f-iutters add.4-vs; ed. and rna�y be an.nnd;ed fon- supple.rrienEW ti r' by a wriaen irus'-urunnent exei�..u-[Cd' tluc peuly a gaiust V, I.-Ioln 20.04, Euxle .17 n -�incfi.ng iv--r, TV JACense WaH bNe p-na, and Wire ui the benchi of tho C.xecwinq� t-urtie..- dlieir re..';pect i'we: t'mirs pwTwnal and. ussigai"'I.,; 20M. ?Wrn�-�e: Words of any gender used in this Ucense Wall lie AM ans, u- n' 1-rue to iruclude arty udier gender; arm! NwAs A the singular Shall hichule th'. y. pht.nill .0 i5, ax "In lin� do not imend that dis Wea.-se Ue AIDS INK S ... Th '. ""u thx, the parties have a joint enter-p-ri-sc,'' 11-'te for witch each pav�"y h-r � cnrered iwaa thl", IACCUIC WC SUPMEC und distinct. h is no'[ zhc intent of an.-Y pa.-;tio i-hi-ta :,-,. Joint Quinnship k beinq! entered ins) anil t. . lie lw:reto stw:ific- ally disciAn. TI-A. I.jeense does nm c.o�n. lin..Ite �.-i are n-0 COT-1.1,11011 urul no �,quad right of conurol xinic-nip, the pardes here-to. IN Wfflt' .1.--,SS WHIJACK the pardes- h?,,-vv:e executed this License iri. cl,'up-Ilic'..%te (-)r*.("!.Jt.7jaJS-. day of MOEN S0.8, -, DAI-LAS Al.� EA RAPID 1R.,.�4,,Nsn' IN � WA.',, SE I.— F RILS.N LR c-v , pr Commumer Rail & RaHroad Mmiageumn.t. I I N S [ '� f -,': CIVY' OF NORTH RICITIAM.) 1117 �. Chy Manager N, Wi {.?f so 10 Post 62 3 A NRH INDUSTRIAL PARK ADDITION CIVIC CENTRE ADDITION LL 8uuMWX \✓ u %nw .. ..... ................... ............. ...... :: ... - - IRON NORSE BLV D. [ - .. .•. PROP, . or PK W �5`CC � .. GatA, ; €� B�+X) 7CS.•7? 71k?3 acP,le> 1 e WC +>•l, En �' Les il t ,. .... _ WA -.... ; .... 'YTS 6"•+t'f�T.iY? - pr'itFli !-Y:W. t i. j.SL "L-ot AS dkj.Y' :fiii A$•h4�N IFCi9'i5W I {8 kfcf lu Y .. � E � 23.'9. �8�,�^E< � S't it+ t?k 1� �*l•.45 �+�i'"t 1 • D,A..R.T. I RAtLR( AD CONTROL DATA. CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 10 -26 -2009 Presented by: Mike Curtis Agenda No. B.3 Subject: GN 2009 -081 Approve a Resolution Requested by the Regional Transportation Council Supporting a Statewide Proposition Amending the Texas Constitution (Proposition 1 on the November 3, 2009 Ballot)- Resolution No. 2009 -033 The Naval Air Station Joint Reserve Base Regional Coordination Committee (RCC) was formed in March 2008. The RCC is a cooperative and voluntary effort comprised of the cities of Fort Worth, Benbrook, Lake Worth, River Oaks, Westworth Village, White Settlement and Tarrant County. The purpose of this committee is to promote and preserve the military mission of the Naval Air Station Joint Reserve Base (NAS JRB) by encouraging. compatible land use planning and conducting community outreach surrounding the military installation. Proposition 1 (HJR 132) is a Texas Constitutional amendment that will allow a municipality or a county to issue bonds and notes to finance the purchase of buffer areas adjacent to military installations to enhance compatible land use planning. If approved by voters, Proposition 1 would help sustain a realistic training mission at the Naval Air Station Joint Reserve Base. It would also provide funding mechanisms so that areas adjacent to the NAS JRB which are currently located in the Clear Zone, Accident Potential Zone 1, and Accident Potential Zone 2 could be purchased under voluntary sale to prevent future development encouragements. Proposition 1 does not directly impact the City of North Richland Hills since there are no military installations located within the city but the Regional Transportation Council (RTC) unanimously voted to pass a resolution supporting this amendment to the Texas Constitution. The RTC believes that voter approval of Proposition 1 would benefit the region and is requesting support from the cities and counties within the region. The RTC is requesting.that each body pass a resolution supporting Proposition 1. Attached is the letter of request from the Chairman of the Regional Transportation Council, the Constitutional Amendment Election Position Statement and some background information on Proposition 1 (HJR 132). Recommendation: Approval of Resolution No. 2009 -033. RESOLUTION NO. 2009 -033 RESOLUTION SUPPORTING STATEWIDE PROPOSITION 1 TO AMEND THE TEXAS CONSTITUTION TO AUTHORIZE THE LEGISLATURE TO ALLOW A MUNICIPALITY OR A COUNTY TO ISSUE BONDS AND NOTES TO FINANCE THE PURCHASE OF BUFFER AREAS OR OPEN SPACES ADJCENT TO MILITARY INSTALLTIONS WHEREAS, THE Naval Air Station Joint Reserve Base (NAS JRB) Regional Coordination Committee (RCC) is responsible for encouraging compatible land use planning, conducting community outreach, and participating in military affairs surrounding the installation; and, WHEREAS, Tarrant County and the cities of Benbrook, Fort Worth, Lake Worth, River Oaks, Westworth Village and White Settlement have voluntarily formed the RCC to promote and preserve the military mission at the installation; and, WHEREAS, A Joint Land Use Study (JLUS) was initiated in 2006 by the base, the communities and the North Central Texas Council of Governments that indentified actions needed to enable the continued co- existence of the installation and the communities through compatible land use planning and community support; and, WHEREAS, through he RCC the city and county partners are coordinating efforts to complete the implementation actions identified in the JLUS in addition to supporting other strategies related to preserving and enhancing the mission of the base; and, WHEREAS, the RCC is a voluntary committee with no land use or regulatory authority; and, WHEREAS, on November 3, 2009 Texas voters will vote on 11 Texas Constitutional Amendments; and, WHEREAS, Texas Constitutional Amendment Proposition 1 (HJR 132) would amend the constitution to authorize the legislature to allow a municipality or a county to issue bonds and notes to finance the purchase of buffer areas or open spaces adjacent to military installations for prevention of encroachment or for the construction of roadways, utilities, or other infrastructure to protect or promote the mission of the military installation; and, WHEREAS, the proposed amendment would appear on the ballot as follows; "The constitutional amendment authorizing the financing, including through tax increment financing, of the acquisition by municipalities and counties of buffer areas or open spaces adjacent to military installation for the prevention of encroachment or for the construction of roadways, utilities or other infrastructure to protect or promote the mission of the military installation. "; and, WHEREAS, the implementation of compatible land use planning is viable to enable the military to sustain a realistic training mission at he Naval Air Station Joint Reserve Base and by using these funding mechanisms, areas adjacent to the installation that are located in the Clear Zone, Accident Potential Zone 1 and Accident Potential Zone 2 could be purchased through voluntary sale to prevent encroachment and /or to construct infrastructure to protect the installation. NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: Section 1. The City of North Richland Hills, Texas supports the Texas Constitutional Amendment Proposition 1 (HJR 132). PASSED AND APPROVED this the 26th day of October, 2009. CITY OF NORTH RICHLAND HILLS A ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Managing Director Regional Transportation Council The Transportation Policy Body for the North Central Texas Councii of Governments (Metropolitan Planning Organization for the Dallas -Fort Worth Region) TO: Mayors, County Judges, DATE: October 12, 2099 County Commissioners, City Managers, County Administrators FROM. B. Glen Whitley. Chair, Regional Transportation Council County Judge, Tarrant County SUBJECT: Regional Transportation Council Position Statement on Proposition t a■ •f` '.01t The issue of compatible land use planning surrounding military installations has become one of increasing importance throughout the State and the nation. Within our region, a Joint Land Use Study (JLUS) was initiated in 2906 by the Naval Air Station Joint Reserve Base (NAS JRB), the surrounding communities and the Borth Central Texas Council of Governments. The purpose of the study is to identify the actions needed to enable the continued co- existence of the installation and the communities through compatible land use planning and community support. The 816' Texas Legislature has also begun addressing this problem by passing HJR 132. This legislation calls for a constitutional amendment election that will allow a municipality or a county to issue bonds and notes to finance the purchase of buffer areas or open spaces adjacent to military installation areas. This authority creates additional tools for local governments to encourage compatible land use to prevent encroachment and/or to construct infrastructure to protect the installation. This measure will be on the November 3, 2009, ballot as Proposition 1. The Regional Transportation Council (RTC) unanimously voted to support Proposition 1 and a copy of the position statement is enclosed_ Please encourage your City Council or Commissioners Court to pass a resolution supporting Proposition 1 and also encourage your residents to vote for this measure in November. On behalf of the RTC, thank you for being involved with this important transportation issue. If you have any questions or concerns, please feel free to contact me or Michael Morris, P. E., Director of Transportation for the North Central Texas Council of Governments at (8 17) 695 -9241. RH:cr. Enclosure B. Glen Whitley Chair, Regional Transportation Council County Judge, Tarrant County P. D. Box 5888 - Arlington, Texa$ 76005 -5688 0 (817) 595 -9240 - FAX (817) 840 -3028 0 htip://www.nctcog.org/trans rtrt -- INmi October 2009 Novern +)r, 3, 2009 ConStiftitionall Amencirnent Election Position Stat4314irrl ent Statewide Proposition r The constitutional amendment authorizing the financing, including through tax increment financing, of the acquisition by municipalities and counties of ,buffer areas or open spaces adjacent to a military installation for the prevention of encroachment or for the construction of roadways, utilities, or other infrastructure to protect or promote the mission of the military installation. The Regional Transportation Council supports Proposition 1. If approved, new funding tools could become available for cities and the county to protect ,the mission of the Naval Air Station Joint Reserve Base (NAS JRB) Fort Worth through voluntary land acquisition to prevent encroachment or to construct infrastructure to support the installation. Compatible land use planning is vital to protect the mission at NAS JRB Fort Worth and to ensure the safety of residents and businesses near the installation. Ammendment No. 1 ( . . R. 132 ) Wording of Ballot Proposition The constitutional amendment authorizing the financing, including through tax increment financing, of the acquisition by municipalities and counties of buffer areas or open spaces adjacent to a military installation for the prevention of encroachment or i'or the construction of roadways, utilities, or other infrastructure to protect or promote the mission of the military installation. Analysis of Proposed Amendmentt The proposed amendment would add Section 52k to Article III, Texas Constitution, to allow the legislature by general law to authorize a municipality or county to issue bonds or notes to finance the acquisition of buffer areas or open spaces adjacent to a military installation for the prevention of encroachment or for the construction of roadways, utilities, or other infrastructure to protect or promote the mission of the military installation. The amendment would allow a municipality or county to pledge increases in property tax revenues imposed in the area by the municipality, county, or other political subdivisions for repayment of the bonds or notes. Background The proposed amendment provides a specific authorization for the legislature by general law to authorize a municipality or county to issue bonds or notes to finance the acquisition of buffer areas or open spaces adjacent to a military installation for the prevention of encroachment or for the construction of infrastructure and to pledge increases in property taxes to repay the bonds. The required legislative provision to authorize the issuance of notes or bonds, including tax increment bonds, however, was not finally passed by the 81st Legislature. If the constitutional amendment is adopted by voters, the notes or bonds cannot be issued until enabling legislation is passed in a subsequent legislative session. 7 Summary of Comments The following paragraphs are based on comments made about the amendment during the legislative process and generally su3nrnarize the main arguments supporting or opposing the amendment. Comments by Supporters. Military installations must be protected from encroaching development that could restrict training and operational missions and ultimately cause a military installation to close. Acquiring buffer areas or open spaces adjacent to a military installation to prevent encroachment also would facilitate the construction of infrastructure to protect or promote the mission of the military installation. Ensuring the viability of military installations is a worthy investment in the economic stability and security of many local communities and the state. Comments by Opponents. Authorizing municipalities and counties to issue bonds to build infrastructure to protect or promote the mission of it military installation and to pledge increases in property taxes to repay those bonds could result in a higher tax burden on already distressed property owners. CITY OF CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 10 -26 -2009 Presented by: Larry Koonce Agenda No. C.1 Subject: GN 2009 -075 Public Hearing by the City of North Richland Hills for Proposed Amendments to the Finance Plan for Reinvestment Zone Number 1 The City of North Richland Hills published notice on October 14, 2009 that a public hearing would be conducted on Monday, October 26, 2009 during the regularly scheduled City Council meeting beginning at 7:00 P.M. in the City Hall Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas. The purpose of the public hearing is to receive comments from interested persons regarding proposed amendments to the finance plan for Reinvestment Zone Number 1, City of North Richland Hills (the "Zone "). The amended finance plan adjusts the percentages the various governmental entities participating in the TIF contribute to the expanded area that was approved in November 2008. The proposed amended finance plan can be found in item C.2, GN 2009 -076. Following closure of the public hearing, the City Council will consider the adoption of an ordinance that amends the financing plan for Reinvestment Zone Number 1, City of North Richland Hills. Recommendation: To open the hearing, receive any comments from the public, close the hearing, and move to the next agenda item for action on adoption of the TIF finance plan. CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 10 -26 -2009 Presented by: Larry Koonce Agenda No. C.2 Subject: GN 2009 -076 Approve the Second Amendment to the Reinvestment Zone Financing Plan for Reinvestment Zone Number 1, City of North Richland Hills - Ordinance No. 3075 (This Item is not a Public Hearing but is related to Item C.1) The TIF Board No. 1 and North Richland Hills City Council approved the expansion of TIF No. 1 in November of 2008. Since that time Tarrant County and Tarrant County Hospital District Boards have approved participation in the expansion at 100 %. Tarrant County College District has agreed to participate at 50% in the expansion. Birdville Independent School District is not able to participate in the expansion because of changes in the TIF laws, but has agreed to continue to participate in the original TIF at 100 %. The finance plan approved in November 2008 assumed 100% from all entities participating in the expansion. We have one entity participating at 50 %. As such, the TIF Board No. 1 approved a resolution at their October 13th meeting amending the finance plan. Staff is recommending that City Council also consider an ordinance amending the finance plan. Attached is the finance plan approved in November 2008 with all entities participating at 100 %. Attached also is the amended plan based on the new participation percentages. The amended plan also has other changes which have been highlighted in yellow on the amended plan. The major changes are summarized as follows: Estimated Tax Revenues in the approved plan were $4,260,314. The amended plan estimate is $3,542,866. The difference is due to the following: 1. Participation level decrease. Tarrant County College District is participating at 50% compared to 100% in the 2008 plan. This is responsible for approximately $80,000 less from TCCD than the 2008 plan. 2. Some entities have lowered their tax rates for fiscal year 2010. BISD and TCCD have lowered their tax rates slightly. This has a minimal impact on tax revenue estimates in the amended plan. 3. Based on the 2009 TAD roll, growth is slower than originally projected. The July 25th, 2009 Tarrant Appraisal District roll indicates only $146,915 in captured valuation (growth in taxable values), as compared to $3,000,000 estimated in the 2008 plan. Based on this slower actual growth, staff has decreased the estimated growth rate for property values in the TIF expansion area. For example, in the 2008 plan, growth was expected to reach $25,000,000 in fiscal year 2014. The proposed amended plan anticipates that it will take until FY 2016 to reach the $25,000,000 level. While the total value growth is still estimated to reach $30,000,000, the growth is projected to be slower. The slower growth accounts for over $600,000 of the $717,448 difference in revenues from the 2008 plan to the proposed amended plan. Estimated Debt principal and interest payments in the approved plan were $4,423,806. The amended plan estimate is $4,132,534. The difference is due to a lower expected interest rate on the bonds from 5% to 3.85 %. There has been a favorable improvement in the bond market since last November. Estimated Investment Earnings on Construction Funds have decreased from $69,028 to $28,167 due to a decrease in return on investments. Interest rate estimates have declined from 2% last year to 1 % currently. Estimated Coverage Calculations (cash flows) have changed from $500,607 in the November 2008 plan to $3,103 in the amended plan. Recommendation: To approve Ordinance No. 3075. ORDINANCE NO. 3075 AN ORDINANCE approving the second amendment to the reinvestment zone financing plan for Reinvestment Zone Number 1, City of North Richland Hills, and resolving other matters incident and relating thereto, and providing an effective date. WHEREAS, pursuant to the provisions of the Tax Increment Financing Act, V.T.C.A., Tax Code, Chapter 311, as amended (the "Act "), and pursuant to Ordinance No. 2333, adopted on September 14, 1998 by the City Council (the "Council ") of the City of North Richland Hills, Texas (the "City "), the City created a reinvestment zone known as Reinvestment Zone Number 1, City of North Richland Hills (the "Zone "); and WHEREAS, on October 20, 1998, the Board of Directors of the Zone (the "Board ") prepared and adopted a project plan (the "Project Plan ") and a reinvestment zone financing plan (the "Finance Plan" and, together with the Project Plan, the "Plans ") for the Zone in accordance with Section 311.011(a) of the Act and submitted such Plans to the Council for approval; and WHEREAS, the Council approved the Finance Plan and the Project Plan on October 26, 1998 and December 14, 1998, respectively; and WHEREAS, on November 6, 2008, the Board adopted a first amendment to the Project Plan and a first amendment to the Finance Plan (jointly, the "First Amendments ") for the Zone in accordance with Section 311.011(e) of the Act, which First Amendments expanded the boundaries of the Zone by adding certain real property to the Zone described therein (the "Property "); and WHEREAS, on November 24, 2008, the Council, following a public hearing held in accordance with Section 311.003(c) of the Act, adopted Ordinance No. 3029 approving the First Amendments and, pursuant to the provisions of Section 311.007 of the Act, adopted Ordinance No. 3030, enlarging the boundaries of the Zone by adding the Property to the Zone; and WHEREAS, the Board has prepared and adopted a second amendment to the Finance Plan (the "Second Amendment ") for the Zone in accordance with Section 311.011(e) of the Act, which Second Amendment (i) decreases the percentage of tax increment to be contributed by the Tarrant County College District from 100% to 50% of the taxes levied and collected against the captured appraised value of the Property (as determined in Section 311.012 of the Act), and (ii) adjusts the captured appraised value of the Property as a result of the adjusted taxable assessed valuation issued by the Tarrant Appraisal District, and the Board has submitted such Second Amendment to the Council for approval; and WHEREAS, the Council has held a public hearing regarding the Second Amendment and its benefits to the City and to property in the Zone and afforded a reasonable opportunity for all interested persons to speak for or against the Second Amendment; and WHEREAS, notice of the public hearing was published in a newspaper of general circulation in the City on a date that was more than seven (7) days prior to the date of such hearing; and WHEREAS, the Council hereby finds and determines that the Second Amendment is feasible and conforms to the master plan of the City and should be approved; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. Second Amendment Approval. The Second Amendment prepared and adopted by the Board, attached hereto as Exhibit A and incorporated by reference as a part hereof for all purposes, is hereby approved in all respects and such Second Amendment is deemed to be feasible and conforms to the master plan of the City. The Council hereby ratifies, confirms and approves all Council action in approving the Second Amendment. SECTION 2. Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 3. Incorporation of Findings and Determinations. The findings and determinations of the Council contained in the preamble hereof are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section. SECTION 4. Public Meeting. It is officially found, determined and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 5. Effective Date. This Ordinance shall be in full force and effect from and after its passage on the date shown below and it is so ordained. PASSED AND APPROVED on this the 26th day of October, 2009. CITY OF NORTH RICHLAND HILLS m ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Larry Koonce, Director of Finance 1 City of North Richland Hilts TIF 1 Exp-irision Firance Plan Amended 10- 07- 09.xIS CXPAhSIGN or RZ NUMOCR 1 Estimated Tax Revenues Level of Participation SISD NRH Tarrant County Tarrant Co. HospAal Dist. FCC Existing Exparrsion EK :tlrry Expanslun Eilstirwj Eapanslun Existing Expurmiun Fx1sthig Expansion 108% 0» 100% 11OD% 100% 100% 100% 100% 100:'0 5V.4 Tax Ratan Fiscal Year 2005 - 2010 f 1.4060 S 8 0.6700 S 0.6700 02640 S 0.2640 S 0.227807 S 0.227897 8 0.13787 S C.13767 Total 'total Esumated Captured Captursd sign NRH NRH County County Hu :pi.al Huspitwl TCC TCC Total TcAd I Rea Flarsel VAhietion Vllilretlon RP F1ISrj Existing Expansion EXIMINl Expanninn FxIMIng Expanxinn FxlgHnp Pxpanninn Frbiing Expanalnn Total E:iating 1?xpenalon Pmpe Year Existing RZ Expansion Taxes Taxes Taxes Taxes Taxes Taxes Taxes Taxes Taxes Taxes Taxes Taxes Taxes ;ACA $ R fs N , ?F7 i 146,918 S ' ;',?34 $ S (9,021 3 - S ?? 7C5 S - S 19,6012 S - S 11,1135 $ - S 2e4,1 St. j - I 224,4_•1 2010 $ 3,600,2 7 S 2,500,009 s 120,934 $ $ 43,022 $ 1,241 $ 22,70S $ 3311 a 1G 603 S 335 S 1,840 S In i $ 224a,0X $• 2,11745 $ 7PF,if1; 20.1 S S,6OO 207 $ 6,000,000 $ 120,834 $ S 43,022 1 14,250 S 22,705 3 8.630 $ 5 ?301 $ 5 3C7 S 1,343 S '.721 S 22 4,00C f 28 263 $ 252 269 2012 5 0,600.297 $ 7,500.000 $ 120.1334 5 - 3 49,C22 $ 28,SJ0 $ X 2,745 $ 13.20C $ n if, -4 $ 1 1 'i!?S S If 841 $ I'84; $ 2?4 t1On f SF. 537 5 283,537 2012 3 2,603,el. 97 S 10,000,000 3 120,384 3 S 49,022 3 42, 75C S 22,70E S 18,600 3 19,600 3 17,092 T 11.04.) 3 G.13.' S 221.003 $ J4.:105 j 7UJ,UUS 2014 $ e,X0,2a7 $ is,noo,ow, $ 1X1.514 $ 46,0:2 f; 57rw r 22,705 $ 26.4on $ 11,snr. $ -/2,7.30 8 11,840 3 3PP4 $ 224,304 s 113,173 $ 3°7,074 2C 15 $ 8,300,29? $ 20,000,000 $ 12C83,& $ c 40,32:2 S 85COO S 22.705 E 39607 $ 19f1C i ?4.1ro $ 1',846 $ 1r0?5 $ 224.303 S 169,610 $ 383,E 1C 2CIO 3 UXO.29.1 S 25,000.000 1 1204:34 $ : 49,022 S 114000 S 22 XS S 52,807 $ 10,E X1 1: 45.57"; $ 1'1,840 $ 13,767 $ 194 X 5 ?23,146 S 150,117 71217 S RRCO, ?A7 3 30:WO,000 $ 120,834, 3 b ISO 41)2'2 S 14' bUJ S l2 IL 5 WUU'J i 19.(iX * 5-5.1974 3 11,E 4C 3 17,203 5 224.000 $ 2121.53 S in6.PP,:i 2013 E 8600,297 i 120,834 3 S IS 022 5 171 00:1 $ Z1.Ic5 $ ni'zUJ 3 1y.Ei1,IU $ 1j:;,209 1: 11,040 S 2C,G51 3 224,000 $ 3'9,220 $ 'i5: ?;1 TMALS $ 1,208,772 $ 9 490,218 5 656,741 S 227,048 S 303,988 $ 195,998 5 262,416 $ 118.425 $ 79,261 $ 2,240,459 $ 1,302.407 S 3,642 :963 City of North Richland Hills TEE 1 Expansion Finance Plan Amended 10 -07 -09 xis EXPANSION OF RZ NUMBER 1 Estimated Coverage Calculations Fiscal Year Estimate Beginnin Gash Balane Total Existing and Tax Revenues Tax Revenues Expansion RZ Tax Existi"U TIRZ RZ Expansion Revervues Debt Proceeds debt Service for Expansion Exislin RZ Pr ects Payrnentfor Debt Service Protects RZ Expansion _ Investment Earnings on Construction Funds InvcsbrnLnt Earnings on TIF Cash Balances Estimated Annual Surplus coverage Estimated Cumulative Goveraue, Estimated Cortiftat Coverage Ratio 185% 1.0% 1.0° i iDw $ 805,071 $ (.r) t! -1) F 11,:15 S 176 303 5 1,C81.37,1 2010. $ 1 ?1f+',37.: T ?4,fiCf $ r n65 r ^2F,C,Rri ;. (1%7, ?4R) $ 8,600,000 S 11,300,000) $ (S5,'1 ?t) $ 7t^,8.;?i f ' ?,f.GC $ r,?1tZR,R:' $ S447,719R 9 1�4 ZG' 1 $ 3.447,99E $ 224,GOG 3 28,263 5 252,269 f CIE 0,C8 %I $ (2.200,000) $ 15135.2 50) $ 7 333 $ 22 670 $ (2,544,045) $ 9C3,902 5 3E 2C'2 v 903,402 S 2`4.(0C $ 53,557 $ 201C 537 € ,$5,5381 4 (543,340y 5 7 2C2 £ {301,138) 3 596,763 1.90 7013 $ 53Fi,7Fi.? $ ? ?= ,f.1(l I F4.8C3 $ 30813105 S 4153,9631 S (532,400) $ 12,560 5 1.2t-I. WI 5 331,!Kd '.5( 2014 $ 331,7GC, $ 224,000 # 113,075 $ 33'.074 5 (52,38e) c (5'.5,460) $ 4,781 $ I ^ ?7C' ?I $ 101?, ?i4 1 10 2315 S 13� : t.4 S 224.000 $ 169,6-C S 393,610 33 (5c, (u0} $ (49::,021:2) $ 7,053 $ (143,653) $ 13?,RQ'11 0,94 231E r 1',32 8s9) 224 300 5 226,14E $ &50.147 $ 444.003, 3 147F.FA -1 F 5,1SS 3 185.539" $ 199 453; 0.8' ^ ?t7 S 195,498) S 224.000 S 282,1333 $ - X6.E83 S l42,1CJ; 3 ,430.121; S 8,22P $ 12 3 ?1 $ (37 347; 6.83 ;4118 5 (8:.1W) 5 224,(XJ S S39,22U 11 50,220 S (40,3C-:)) S -;443.374) $ 11,134 $ V.. �n S 3 'C3 1 01 TOTALS $ 2,240,469 $ 1,302,407 S 3,342.896 $ (518,585) ; 3,60D,000 $ (3,800,0000 $ 14,132,534 ) 6 23,167 3 176,118 S 3,103 City of North Richland Hills Amended 10 -07 -09 EXPANSION OF RZ NUMBER 1 Estimated Debt Calculations Debt Structure Level Principal Payments Fiscal Year Issued 2010 Principal Amount $ 3,600,000 Maturity 8 years Interest Rate 3,85% Fiscal Year Principal Balance Principal Payment Interest Payment Total Payment $ 549 340 201;, $ 2,180,000 $ 440,C00 2010 $ 3,500,000 $ 05.074 $ 05.074 2011 $ 3,060,000 $ 440,000 $ 120 23C $ ::66.28 i 2012 $ 2,620,000 $ 440,C00 $ 109.340 $ 549 340 201;, $ 2,180,000 $ 440,C00 $ 92,400 $ 532.400 2014 $ 1,740,000 $ 440,C00 $ 75,460 $ 518,460 2015 $ 1,305,000 $ 435,C00 $ 58,616 $ 493,618 2016 $ 570,000 $ 435,000 $ 4'. ,860 $ 47E,869 2017 $ 435,U00 $ 435,000 $ 25,121 $ 480,121 201 WE $ - $ 435,000 $ 8,374 $ 443,')14 Totals $ 3,500,000 $ 632,534 $ 4,132,534 City of North Richland Hills Amended 10-13-09 EXPANSION OF RZ NUMBER I Estimated Investment Earnings on Construction Funds Issue C.O.s. 12/0112009 In the amount of Return on Investments 1.0% Construction Construction Fund Earnings on 3,600,000 Drawdown Amount Balance Investments Drawdown January $ 144,444 $ 3,355,556 $ 2,796 Drawdown February $ 144,444 $ 3,211,111 $ 2,676 Drawdown March $ 144,444 $ 3,066,667 $ 2,556 Drawdown April $ 144,444 $ 2,922,222 $ 2,435 Drawdown May $ 144,444 $ 2,777,778 $ 2,315 Drawdown June $ 144,444 $ 2,633,333 $ 2,194 Drawdown July $ 144,444 $ 2,488,889 $ 2,074 Drawdown August $ 144,444 $ 2,344,444 $ 1,954 Drawdown September $ 144,444 $ 2,200,000 $ 1,833 Total FY 2010 $ 1,300,00© $ 20,833 Drawdown October $ 244,444 $ 1,955,556 $ 1,630 Drawdown November $ 244,444 $ 1,711,111 $ 1,426 Drawdown December $ 244,444 $ 1,466,667 $ 1,222 Drawdown January $ 244.444 $ 1,222,222 $ 1,019 Drawdown February $ 244,444 $ 977,778 $ 815 Drawdown March $ 244,444 $ 733,333 $ 611 Drawdown April $ 244,444 $ 488,889 $ 407 Drawdown May $ 244,444 $ 244,444 $ 204 Drawdown June $ 244,444 $ (0) $ (0) Total FY 2011 $ 2,200,000 $ 7,333 City of North Richland Hills TIF 1 Expansion Finance Plan Board Approved 11 -06 -08 EXPANSION OF R,Z NUMBER 1 Estimated Tax Revenues Level of Participation BISD NRH Tarrant County Tarrant Co, Hospital Dist TCC Existing Expansion Existing Expansion Existing Expansion Existing Expansion Existing Expansion 100%-- M 100aia 1004'6 1 100% 10O`Ya 100% lOCiA 100% 100% Tax Rates Fiscal Year 2008 - 2009 $ 1.4100 $ - $ 0.5700 $ 0.5700 0.2640 $ 0.2640 S 0.227897 $ 0.227897 . S 0.13796 $ 0.13796 Total Total Estimated Captured Captured BISO NRH NRH County County Hospital Hospita TCC TCC Total Fiscal Valuation Valuation RZ BISD Existing Expansion Existing Expansion Existing Expansion Existing Expansion Existing Expansion Total Existing Expansion Total Rea Year Existing RZ Expansion Taxes Taxes Taxes Taxes Taxes Taxes Taxes Taxes Taxes Taxes Taxes Taxes Property Taxes 2009 S 8.600,297 $ 3,000.000 $ 121,264 $ - $ 49,022 $ - 5 22,705 $ - $ 19,600 $ - $ 11,865 $ - $ 224,455 $ - $ 224,455 2010 $ 8,600,297 $ 6,000,000 $ 121,264 $ - $ 49,022 $ 17,100 $ 22,705 $ 7,920 $ 19,600 $ 6,837 S 11,865 $ 4,139 $ 224.455 $ 35,996 $ 260,451 2011 $ 8,600,297 $10.000,000 $ 121,264 $ - $ 49,022 $ 34,200 $ 22,705 $ 15.840 $ 19,600 $ 13,674 $ 11,865 $ 8,278 S 224,455 $ 71,991 $ 296,447 2012 $ 8,.600,297 $15,000,000 $ 121,264 $ - $ 49,022 $ 57.000 $ 22,705 $ 26,400 $ 19,600 $ 22,790 $ 11,8i55 $ 13,796 $ 224,455 $ 119,986 $ 344,441 2013 a 8,600,297 $20.000.000 $ 121,264 S - $ 49,022 $ 85,500 $ 22.705 $ 39,600 $ 19,600 $ 34,185 $ 11,865 $ 20.694 5 224,455 $ 179,579 $ 404,434 2014 $ 8,600,297 $25.000,000 5 121,264 S - $ 49,022 $ 114,000 $ 22,705 $ 52,800 $ 19,600 $ 45.579 5 11,865 $ 27,592 S 224,455 S 239,971 $ 464,427 2015 $ 8,600,297 $29,000,000 $ 121,264 8 - $ 491022 $ 142,500 $ 22,705 $ 88,000 $ 19,600 $ 56,974 $ 11.865 $ 34,490 S 2.24,455 5 299,964 S 524,420 2016 $ 8,600,297 $30,000,000 3 121,264 $ - $ 49,022 $ 165,300 $ 22,705 $ 76,560 $ 19.600 $ 66,090 $ 11,865 $ 40,008 $ 224,455 S 347,959 $ 572,414 2017 $ 8.600,297 $ 30,000,000 $ 121,264 $ - $ 49,022 $ 171,000 $ 22,705 $ 79,200 $ 19,600 S 68,369 $ 11,565 $ 41,388 $ 224,455 $ 359,957 $ 584,413 2018 $ 8,600,297 3 121,264 $ - 5 49,022 $ 171,000 $ 22:705 $ 79,200 $ 19,600 a 68.3,59 $ 11,865 $ 41,388 $ 224,455 $ 359,957 S 584,413 TOTALS $ 1,212,642 $ $ 490,217 5 957,600 $ 227,048 S 443,520 $ 195,998 $ 382,867 $ 118,650 $ 23t.773 $ 2,244,555 $ 2,015,760 $ 4,260,314 City of [forth Richland Hills TIF 1 Expansion Finance Plan Board Approved 11 -06 -08 EXPANSION OF RZ NUMBER 1 Estimated Coverage Calculations Fiscal Year Estimated Beginning Cash Balance Tax Revenues Existi TIRZ Total Existing and Tax Revenues Expansion RZ Tax RZ Expansion Revenges Debt Proceeds Debt Service for Expansion Existing RZ Projects Investment Earnings on Payment for Debt Service Construction Projects RZ Ex nsion Funds Investment Earnings on TIF Cash Balances Estimated Annual Surplus Coverage Estimated Cumulative Coverage Estimated Certificate Coverage Ratio 5.40% 2.0% 2.0% 2009 $ 903,311 S 2.24,455 $ $ 224,455 S (59,267) $ 3,500,800 S (1,166,667) S 18,472 $ 72,895 $ 2,589,889 $ 3:493,200 2010 $ 3,493,200 $ 2.24,455 $ 35,996 $ 260,451 $ (57,231) $ (2,333,333) $ (615,556) $ 50,556 S 21,171 $ (2,673,943) $ 819,257 5.69 2011 $ 819,257 $ 224,455 $ 71,991 $ 296,447 S (60,086) $ (545,500) S 16,131 S (293,008) $ 526,249 1.87 2012 $ 526,249 S 224,455 $ 119,986 $ 344,441 $ (55,538) $ (526,000) S 12,672 $ (224,424) $ 301,825 1.52 2013 S 301,82..5 $ 224,455 $ 179,979 $ 404,434 $ (53,963) $ (506,500) $ 11,005 S (145,024) S 156,801 1.28 2014 $ 156;801 $ 224.455 $ 239,971 S 464,427 $ (52,388) $ (487,000) $ 10,925 $ (64,035) $ 92,766 1.17 2015 $ 92,766 $ 224,455 $ 299,964 $ 524,420 S (50,700) $ (467,500) $ 12,468 $ 18,688 $ 111,453 1.22 2016 $ 111,453 $ 224,455 $ 347,959 $ 572:414 $ (44,000) $ (448,000) 5 11,464 S 91.878 S 203,332 1.41 2017 $ 203,332 $ 2244455 $ 359,957 $ 584,413 $ (42,400) S (423,500) $ 18,125 $ 136,638 $ 339,969 1.73 2018 S 339,969 $ 224,455 5 359,957 $ 584,413 $ (40,600) 5 (404,250) $ 21,275 $ 160,637 $ 500,607 2.12 TOTALS $ 2,244,555 $ 2,015,760 5 4,264,314 $ (516,372) S 3,500,000 $ (3,500,000) S (41423,806) $ 69,028 $ 208,131 $ 500,607 City of North Richland Hills Board Approved 11'6-08 EXPANSION OFRZ NUMBER 1 Estimated Debt Calculations Debt Structure Level Principal Payments Fiscal Year Issued Principal Amount 2009 $ 3,500,000 Maturity 9 years Interest Rate 5.00% Fiscal Year Principal Balance Principal Payment Interest Payment Total Payment 2009 $ 3,500,000 omu $ 3,110,000 w 3e0,000 m 225,556 m e15,556 2011 w 2,720.000 m 390,000 m 155.500 $ 545500 2012 $ 2,330.000 $ 390.000 n 136.000 s 526.000 2013 m 1.940.000 $ 390,000 m 116.500 m 506.500 2014 $ 1.e50.000 m 390,000 m 97,000 $ 487.000 2015 $ 1.160.000 m 390,000 n r/.000 $ 4e7.500 2016 $ 770,000 w 390,000 $ 58,000 $ 448.000 2017 $ 385,000 w 385.000 w 38,500 m 423.500 2018 m notu/o City of North Richland Hills Board Approved 11 -6 -08 EXPANSION OF RZ NUMBER 1 Estimated Investment Earnings on Construction Funds Issue C.O.s. 411512009 in the amount of Return on Investments 2.0% Construction Construction Fund Earnings on $ 3,500,000 Drawdown Amount Balance Investments Drawdown June Drawdown July Drawdown August Drawdown September Total FY 2009 Drawdown October Drawdown November Drawdown December Drawdown January Drawdowh February Drawdown March Drawdown April Drawdown May Total FY 2010 $ 291,667 $ $ 291,667 $ $ 291,667 $ $ 291,667 $ $ 1,166,667 $ 291,667 $ $ 291,667 $ $ 291,667 $ $ 291,667 $ $ 291,667 $ $ 291,667 $ $ 291,667 $ $ 291,667 $ 2,333,333 3,208,333 $ 21916,667 $ 2,625,000 S 2,333,333 $ 2,041,667 $ 1,750,000 $ 1,458,333 $ 1,166,667 $ 875,000 $ 583,333 $ 291,667 $ 5,347 4,861 4,375 3,889 18,472 3,403 2,917 2,431 1,944 1,458 972 486 0 50,566 CITY OF CITY OF CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 10 -26 -2009 Presented by: Gregory Van Nieuwenhuize Agenda No. E.1 Subject: PW 2009 -041 Award a Professional Services Agreement to Freese and Nichols, Inc. in the amount of $173,000 for the Water/Wastewater Master Plan and Impact Fee Study Project This Capital Improvements Project is identified as part of the "Water / Wastewater Master Plan, Rate Study & Impact Fee Update" Project in the Capital Projects Budget (Project No. UT1006). This project will consist of updating both the current Impact Fee Study and the long range Water / Wastewater Master Plan. The Water / Wastewater Master Plan will determine the water and wastewater improvements necessary for the next 5 year period, 10 year period and "build -out" period, and the Impact Fee Study considers the improvements necessary at the 5 year and 10 year points. The Rate Study portion of this project will be administered by the Finance Department through a separate professional services agreement as this portion of the project is primarily finance driven while the impact fee and water /wastewater portion is more engineering /public works driven. The Impact Fee Study needs to be updated presently as State law requires cities who assess impact fees to review and approve their impact fees at least once every five (5) years — the City's current impact fee program was approved in 2005. It is time to begin the process to update the City's Impact Fee Program. The Impact Fee Study can only consider water and wastewater improvements needed for future development over the next 10 years. The Water / Wastewater Master Plan not only considers these improvements, but also the improvements that are necessary for build -out (beyond the 10 year maximum that the Impact Fee Program can consider) and the improvements that are needed to existing mains caused by population growth and inadequate water pressures. Since the same type of analysis and computer modeling is involved for both the Impact Fee Study and the Water / Wastewater Master Plan, both can be done together for a reduced fee than if these tasks were conducted separately. Staff took this into consideration when the project was defined in the FY 2009 -2010 Capital Projects Budget. Staff considers Freese and Nichols, Inc. (FNI) to be the most qualified firm to conduct the update to both of these programs. The benefits of entering into a professional services agreement with FNI for this work are: • FNI conducted the City's most recent (and the current) Impact Fee Study and Water / Wastewater Master Plan and consequently, FNI is familiar with the City's water and wastewater systems, our models, pressure planes, etc. • By using FNI, who has experience with NRH's models, and not a firm who would need to acquaint themselves with our models, it is estimated that the City will save $20,000 to $25,000. • To date, FNI has always been very responsive when staff has needed FNI to respond to various water pressure scenarios (at no cost to the City) when developers have proposed to construct developments in various areas of the City. • FNI has completed more Impact Fee Studies and Water / Wastewater Master Plans in the Metroplex than any other firm. Currently, they are working on similar programs in the cities of Grand Prairie, Grapevine, Hurst and Keller. • FNI has also prepared the City of Fort Worth's models. With the information gained from this knowledge, FNI has been able to immediately relay any implications that Fort Worth model changes will have on our system. Because Fort Worth is the City's major wholesale supplier this knowledge has been invaluable. The Public Works Department negotiated a fee for Basic Engineering Services of $173,000. This design fee includes the updating of both the Impact Fee Study and the Water / Wastewater Master Plan which includes their attendance at various public meetings, data collection, developing land use assumptions, projecting water demands, projecting wastewater loads, and distributing this data appropriately throughout the models. There is sufficient funding for these design services in the FY 2009 -2010 Capital Projects Budget. Recommendation: Approve the. professional services agreement with Freese and Nichols, Inc. in the amount of $173,000 for the Impact Fee Study Project and Water / Wastewater Master Plan and authorize the City Manager to execute such agreement. AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND FREESE AND NICHOLS, INC. This Agreement is executed by and between the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through Mark Hindman, its duly authorized City Manager (hereinafter called "CITY "), and Freese and Nichols, Inc., a Texas corporation, acting by and through Thomas Haster, P.E.; its duly authorized Principal (hereinafter called "ENGINEER "). WITNESSETH, that CITY desires professional engineering services in connection with the Water and Wastewater Master Plan and Impact Fee Study. 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 an engineering study of the Water & Wastewater Master Plan and Impact Fee Study in accordance with the Public Works Design Manual, applicable CITY codes, regulations and standards. III. BASIC AGREEMENT ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER's employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section VII: "Compensation ", and Exhibit E: "Compensation" for Basic Services. 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. ADDITIONAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Additional Engineering Services as indicated in Exhibit C: "Additional Engineering Services ", attached hereto and made a part of this Agreement. VI. SCOPE OF CITY SERVICES The City will furnish items and perform those services as identified in Exhibit D: "Services to be provided by the City ", attached hereto and made a part of this Agreement. VII. COMPENSATION A. In consideration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit E: "Compensation ". B. Total payments including without limitation salary and reimbursable expenses, to ENGINEER by CITY for the services stated in Section IV above shall be for a lump sum of ONE HUNDRED SEVENTY THREE THOUSAND DOLLARS ($173,000). 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. VIII. 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. IX. 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. X. 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 $ 1,000,000 The Certificate of Insurance shall contain a provision that such insurance cannot be canceled or modified without thirty (30) days prior written notice to CITY. XI. ARBITRATION No arbitration arising out of or relating to this Agreement shall occur without both parties' written approval. XII. 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 VII: "Compensation" hereof. In the event of termination, the amount paid shall not exceed the amount appropriate for the percentage of work completed. XIII. 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. XIV. 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. XV. 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. XVI. 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. XVII. 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" Additional Engineering Services Exhibit "D" Services to be Provided by the City Exhibit "E" Compensation Exhibit "F" Conflict of Interest Questionnaire Attachment CO — Compensation for Additional Services XVIII. 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. Legal Expenses. The parties hereto waive any claim they may have for attorney fees in any litigation arising out of this contract or the failure of either party to comply with the terms of such contract. 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: Freese and Nichols, Inc. Attn: Thomas Haster, P.E. 4055 International Plaza, Ste. 200 Fort Worth, Texas 76109 If to CITY: City of North Richland Hills Attn: Mr. Mike Curtis, P.E. Managing Director of Development Services 7301 N. E. Loop 820 North Richland Hills, Texas 76180 D. Independent Contractor. ENGINEER shall perform services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herewith shall be construed as creating a partnership or joint venture between CITY and ENGINEER, its officers, agents, employees and subconsultants; and the doctrine of respondent superior has no application as between CITY and ENGINEER. E. 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 , 20 CITY OF NORTH RICHLAND HILLS (CITY) go Mark Hindman, City Manager Date: ATTEST: City Secretary Freese and Nichols, Inc. (ENGINEER) Bv: -- Thomas Haster, P.E., 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 WATER AND WASTEWATER MASTER PLAN AND IMPACT FEE STUDY PROJECT SCHEDULE The Scope of Services for this PROJECT is based on the following schedule: Activity Due Date Complete Tasks E and F by February 2010 Complete Tasks A through D by September 30, 2010 EXHIBIT B BASIC ENGINEERING SERVICES FOR WATER AND WASTEWATER MASTER PLAN AND IMPACT FEE STUDY Water and Wastewater Master Plan Task A. Develop Water & Wastewater Load Projections for 5 year, 10 year & Buildout Conditions Al. Project Kickoff Meeting & Data Collection: FNI will meet with the City to review scope and schedule of the project and critical project milestones and future service area. FNI will review the data request memorandum with the City to determine what data and data format is available from the City. FNI will obtain input on customer complaints to determine areas of pressure concerns during summer conditions and areas with overflow problems under wet weather conditions. A2. Utilize Data from City to Estimate Existing Population and Commercial Development and Peak Water Demands & Wastewater Loads: FNI will utilize existing water meters, water account data, aerial mapping and planning data from the City to estimate existing population and commercial development and distribution throughout the existing water and wastewater service area. FNI will review historical water demand and wastewater flow data to estimate existing peak water demand and wastewater flows and allocate these loads throughout the system. A3. Utilize Data from City's Comprehensive Plan to Review and Develop Land Use Assumptions for 5 -Year, 10 year & Buildout Conditions: FNI will utilize the City's Comprehensive Plan and other resources to develop land use assumptions for residential and commercial growth for 5 -year, 10 year and Buildout conditions. A4. Develop Water Demand & Wastewater Load Projections: FNI will use land use maps, field testing data and input from the City's staff to develop future water demands and wastewater loads for 5 year, 10 year and Buildout projections for residential and commercial land uses. FNI will develop the wastewater loads utilizing per capita flow, peaking factors, and Infiltration /Inflow (1 /1) values comparable to those used for modeling and planning in other cities in the region, and in accordance w ith TCEQ guidelines. A5. Distribute Future Water Demands & Wastewater Flows throughout City - Distribute water demands for each operating condition throughout City using land use assumptions. Distribute future wastewater flows for each operating condition throughout each sewer basin using land use assumptions. Large industrial and commercial demands will be distributed as point loads in the water and wastewater system models. Task B. Water and Wastewater Model Update & Model Calibration 131. Update Water System Model: FNI will update the existing water model. FNI will utilize GIS mapping of the water system and record drawings of recently constructed improvements to update the existing water system model for 6 -inch and larger water lines not currently in the model. FNI will update pumping and storage facility data in the model to represent the 2009 water system conditions. B2. Update Wastewater System Model: FNI will utilize GIS mapping of the wastewater system and record drawings of major wastewater projects to update the wastewater system model for 10 -inch and larger wastewater lines and other critical wastewater lines and lift stations in the modeling software. FNI will add pumping and storage facility data for selected facilities to the model to represent the 2009 wastewater system conditions. B3. Identify and Map Testing Locations to Conduct Summer Field Testing: FNI will meet with the City to review the current mapping of the water and wastewater systems, and identify any error in connectivity, pipe sizes or missing water and wastewater lines. Identify locations for field testing based on model calibration needs and areas of concern from the City. Pressure testing will be conducted for one (1) week with up to eight (8) pressure testing locations being utilized throughout the City. Prepare procedures for field testing showing proposed location of testing, duration of testing, required operational data during testing period, and assistance from City. The City will provide FNI with SCADA and operational data from pressure testing period. B4. Conduct Water System Pressure Observation Tests — Assist and coordinate with City in performing pressure testing. Testing will consist of recording pressure readings for a one week time period. City will provide SCADA data, including flows & discharge pressures at pump stations and tank levels, for testing time period. B5. Utilize Water Field Testing Results & Historical Wastewater Flow Data to Develop Demand & Load Data for Existing Water & Wastewater Model Input: FNI will review historical records and use information to determine per capita water usage, commercial usage and peaking factors. FNI will utilize field testing results and historical records to develop domestic water demands and commercial water demands. FNI will utilize historical records to develop per capita wastewater flows, commercial flows and infiltration /inflow allowances for EPA recommended 5 year design storm event. FNI will estimate 2009 wastewater flows for average day and peak flow conditions. B6. Distribute. Existing Water Demands and Wastewater Flows throughout City and Conduct Model Calibration: FNI will distribute calculated water demands and wastewater loads through system and conduct model calibration by adjusting peaking values and demand allocation distribution in the water model and peaking values and wastewater flow distribution in the wastewater model. B7. Meet with City of North Richland Hills and City of Fort Worth on Future Water Demands and Wastewater Loads: FNI will coordinate a meeting with the City of North Richland Hills and City of Fort Worth to discuss future needs for the water and wastewater systems and the available capacity in Fort Worth's distribution and collection systems. Task C. Conduct Water and Wastewater Analysis for Existing, 5 year, 10 year & Buildout conditions C1. Perform Modeling of Existing Water & Wastewater Systems: FNI will utilize calibrated water model to perform steady state modeling of the existing water system for average day, maximum day water demands and peak hour operating conditions to determine capacity and deficiencies within the existing water system. FNI will use calibrated wastewater model to analyze peak hour conditions for the existing wastewater system to determine capacity and deficiencies. FNI will evaluate the City's compliance with TCEQ capacity requirements including elevated storage, total storage, treatment and pumping capacity. FNI will prepare a memorandum summarizing the results of the existing system modeling, including any hydraulic deficiencies showing up in the current water and wastewater systems. C2. Conduct Fire Flow Analysis: Utilize water model to conduct fire flow analysis to identify areas with less than 1,000 gpm fire flow capacity. Fire flow analysis will be shown using contour mapping of available fire flows. C3. Meet with City to Review Calibration Results and Existing System Evaluation from the Modeling: FNI will meet with the City to discuss field testing, model calibration and existing system capacity evaluation. FNI will prepare mapping showing field vs. model results for pressures and flows demonstrating model calibration and existing system evaluation. C4. Develop Water & Wastewater System Improvement Alternatives for 5 year, 10 year, and Buildout Conditions: FNI will utilize water demand and wastewater flow projections and calibrated models to develop Buildout water and wastewater system models. FNI will utilize Buildout models to simulate a number of system improvement alternatives to meet 5 year, 10 year, and Buildout future growth. Water system facilities and lines will be sized to meet maximum day demands, peak hour demands and to provide adequate fire flows of 1,000 gpm under maximum day demand conditions. Wastewater facilities and lines will be sized to meet peak wet weather flows. Models will be developed for 10 -year and Buildout load conditions and used to determine 5 -year, 10 -year and Buildout system improvement alternatives. C5. Meet with City to Review Future System Analysis Results: Meet with City to review alternatives for future system improvements for both water and wastewater systems and proposed system improvements to meet future water and wastewater needs. FNI will prepare mapping showing resulting pressures and line capacities for future system analysis results. Task D. Water and Wastewater CIP and Master Plan Report D1. Develop Draft Buildout Capital Improvement Plan (CIP) Costs, Phasing Plan & Mapping: Develop costs for each proposed project. Costs will be in Year 2010 dollars and will include engineering and contingencies. Develop draft 10 -year CIP scheduling of projects based upon water and wastewater system modeling requirements and reliability needs, and mapping -showing project locations. Develop draft set of improvements in 10 year to Buildout period including mapping and project costs. D2. Meet with the City to Discuss Draft Capital Improvement Plans for Water and Wastewater System Improvements: FNI will meet with the City to discuss the phasing of recommended Water and Wastewater system improvements for 5 year, 10 year, and Buildout planning periods. D3. Meet with City of North Richland Hills and City of Fort Worth on Proposed Water & Wastewater CIPs: FNI will coordinate a meeting with the City of North Richland Hills and City of Fort Worth to discuss the proposed water and wastewater CIPs. D4. Revise CIP and Prepare Preliminary Water and Wastewater System Master Plan Report: FNI will revise computer modeling based upon City's comments and modifications and prepare a master plan report discussing field test results, assumptions, water demand and wastewater flow projections and recommended capital improvement plans including schedule and costs of improvements. The report will include colored maps showing proposed system improvements as well as GIS digital copies. FNI will provide the City with five (5) copies of the draft report for review. D5. Finalize Water and Wastewater System Master Plan: FNI will finalize the Master Plan Report based on comments from the City. FNI will provide the City with twenty (20) copies of the final report. WATER & WASTEWATER IMPACT FEE STUDY Task E. Develop Land Use Assumptions and Capital Improvement Plan E1. Develop Impact Fee Land Use Assumptions: FNI will use data developed in the Master Plan to develop 10 -year impact fee land use assumptions. E2. Determine Existing & Proposed Water & Wastewater Improvements Eligible for Impact Fees: FNI will review recently completed water and wastewater improvements over the last 5 years and determine which projects are eligible for future cost recovery from growth. FNI will use the CIPs from the Water and Wastewater Master Plan to determine impact fee eligible projects. Maps will be prepared showing the existing and proposed water and wastewater capital improvement plan projects included in the impact fee calculation. E3. Conduct Water and Wastewater Impact Fee Capacity Analysis for Existing Recently Completed & New Capital Improvement Projects for 10 -year Projected Growth: FNI will evaluate existing completed projects for remaining capacity and new projects for eligible capacity for impact fee cost recovery for 10 -year projected growth. E4. Calculate Water and Wastewater Costs Eligible for Impact Fee Cost Recovery: FNI will utilize the. capacity analysis and capital project costs to calculate percentage of project cost eligible for impact fee cost recovery. E5. Conduct Financial Analysis of Water and Wastewater Capital Improvement Plans to Determine Eligible Financing Costs for Inclusion into Impact Fee Calculations: FNI will project Financing Costs for Water and Wastewater Capital Improvement Plans based on proposed phasing program that are eligible for inclusion into Impact Fees Calculations. E6. Develop Service Unit Equivalents (SUEs) for Water & Wastewater: FNI will utilize equivalent capacity of water meters to establish the service unit equivalents (SUEs) required in Chapter 395 of the Local Government Code for both existing and 10 -year projected growth conditions for water and wastewater. ET Calculate Maximum Allowable Water & Wastewater Impact Fees without Credit Calculation: FNI will develop maximum allowable water & wastewater impact fees using existing and proposed capital improvement costs to support 10 -year growth based on projected increase in SUEs over the next 10 year period. E8. Develop Draft Water & Wastewater Impact Fee Study Report: FNI will prepare and send five (5) copies of the draft water & wastewater impact fee study report discussing methodology, water and wastewater loads, utilization of water & wastewater improvements, and impact fee calculations. Report will include water & wastewater maps showing the existing and proposed system improvements required to meet projected 10 -year growth and maximum allowable water & wastewater impact fees. E9. Finalize Water and Wastewater Impact Fee Study Report: Based on comments by City's Staff, FNI will finalize and send ten (10) copies of the final Water and Wastewater Impact Fee Study to the City along with an electronic copy of files for graphs, forms and tables of the impact fee calculations including a PDF for the final report. Phase F. Impact Fee Report Development and Meeting Attendance F1. Conduct Workshop with CIAC & City Council on Impact Fee Process: FNI will conduct a workshop with the Capital Improvements Advisory Committee to review the impact fee process. F2. Meet with City to Review Existing & Proposed Water and Wastewater Projects Eligible for Impact Fee Analysis: FNI will meet with the City to review existing and proposed water and wastewater system improvements identified to be included in the impact fee analysis. F3. Present Land Use Assumptions & Impact Fee CIPs to Impact Fee Advisory Committee: Attend up to one (1) Impact Fee Advisory Committee meeting to present Land Use Assumptions and Water and Wastewater Impact Fee CIPs. F4. Meet with the City Staff on the Draft Impact Fee Report: FNI will meet with the City Staff to discuss the report findings, impact fee calculations, and recommendations for setting the water and wastewater impact fees for the City. Following the meeting, FNI will incorporate revisions into Impact Fee Study Report. F5. Present Impact Fee Analysis to Impact Fee Advisory Committee: Attend up to one (1) Impact Fee Advisory Committee meetings to present Land Use Assumptions, Water and Wastewater CIPs, results of impact fee analysis and comparison of impact fees of surrounding communities. F6. Attend Public Hearing and Meet with City Council on the Adoption of the Impact Fees. Attend one (1) Public Hearing to review Land Use Assumptions and water & wastewater CIPS and results of impact fee analysis. At this hearing, it is anticipated that City staff will present recommendations on the Adoption of the Impact Fees for Water and Wastewater to the City Council. EXHIBIT C ADDITIONAL ENGINEERING SERVICES FOR WATER AND WASTEWATER MASTER PLAN AND IMPACT FEE STUDY 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 GIS mapping services or assistance with these services, providing services to investigate existing conditions or facilities or make measured drawings thereof or to verify accuracy of drawings and other information furnished by CITY, preparing applications and supporting documents for government grants, loans or planning advances and providing data for detailed applications, or preparing to serve or serving as a consultant or witness for CITY in any litigation, arbitration or other legal proceeding involving the PROJECT. III. ADDITIONAL Engineering Services not included in the scope of work include adding in 6" and 8" wastewater lines into the wastewater model. If the CITY chooses to include this scope of services, the following scope items will need to be added: a. Review City's wastewater GIS data (attributes and connectivity), submit map to City showing 6" & 8" wastewater lines missing invert data & meet with City to discuss potential updates to City's GIS data (performed by City staff). b. Add all 6" & 8" lines to the City's existing Wastewater Model using City's wastewater GIS data. c. Infer unknown invert and rim elevations using wastewater modeling software. The fee for these additional services is $6,635 to add 8" wastewater lines into the model and $13,265 to add 6" wastewater lines into the wastewater model, for a total fee of $19,900. 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 billed in accordance with Attachment CO. 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 D SERVICES TO BE PROVIDED BY THE CITY FOR WATER AND WASTEWATER MASTER PLAN AND IMPACT FEE STUDY The CITY will provide the following services to the ENGINEER in the performance of the PROJECT upon request: I. Provide any existing data the CITY has on file concerning the PROJECT, if available. II. Provide any available As -Built plans for existing water and sanitary sewer mains, if available. III. Give prompt written notice to ENGINEER whenever CITY observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services. EXHIBIT E COMPENSATION FOR WATER AND WASTEWATER MASTER PLAN AND IMPACT FEE STUDY 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 work and additionally for Additional Engineering Services that are in addition to the Basic Engineering Services. All remittances by CITY of such compensation shall either be mailed or delivered to the ENGINEER's home office as identified in the work authorization. "Salary Cost" used herein is defined as the cost of salaries of ENGINEER's, draftsmen, stenographers, survey men, clerks, laborers, etc. for time directly chargeable to the PROJECT plus social security contributions, unemployment, excise and payroll taxes, employment - compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. A. Compensation for the Basic Engineering Services shall be a lump sum fee of $173,000. B. Compensation for Additional Engineering Services not covered by Basic Engineering Services provided herein shall be in accordance with Attachment CO. Payments to the ENGINEER for authorized Additional Engineering Services will be due monthly, upon presentation of monthly statement by the ENGINEER for such services. II. AUDIT AND SCOPE CHANGE Cost budgets are set forth above and are subject to the audit provisions of this Agreement, Section XVI: "Right to Audit ". It is also understood that the cost budgets are based upon ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the PROJECT progresses, it is possible that the level of effort and /or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount of lump sum and unit price fees, regardless of the cost. If at any time it appears that the cost budget may be exceeded, the ENGINEER shall notify the CITY as soon as possible in writing. If there is a scope change, the ENGINEER shall notify the CITY as soon as possible in writing and shall include a revised scope of services, estimated cost, revised fee schedule, and a revised time of completion. Upon negotiation and agreement via a signed amendment by both parties, the cost budget, fee schedule, and total budget will be adjusted accordingly. CITY shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the cost budget. The ENGINEER shall not be obligated to perform on any change in scope of work or otherwise incur costs unless and until the CITY has notified the ENGINEER in writing that the total budget for Engineering Services has been increased and shall have specified in such notice a revised total budget which shall thereupon constitute a total budget for Engineering Services for performance under this Agreement. A detailed scope of work, total budget, and schedule will be prepared by the ENGINEER and executed by the CITY if the ENGINEER is authorized to perform any Additional Engineering Service(s). III. PAYMENT Payments to the ENGINEER will be made as follows: A. Invoice and Time of Payment Monthly invoices will be issued by the ENGINEER for all work performed under this Agreement. Invoices are due and payable on receipt. Invoices will be prepared in a format approved by the CITY prior to submission of the first monthly invoice. Once approved, the CITY agrees not to require changes in the invoice format, but reserves the right to audit. Monthly payment of the fee will be in proportion to the percent completion of the total work (as indicated in Exhibit B: "Basic Engineering Services ", and Exhibit C: "Additional Engineering Services "). B. Upon completion of services enumerated in Exhibit B: "Scope of Basic Engineering Services ", the final payment of any balance will be due upon receipt of the final invoice. EXHIBIT F CONFLICT OF INTEREST QUESTIONNAIRE FOR WATER AND WASTEWATER MASTER PLAN AND IMPACT FEE STUDY [Conflict of Interest Questionnaire is on the following page.] CONFLICT F INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter OFFICE USE ONLY 176 of the Local Government Code by a person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person doing business with local governmental entity. 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 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 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. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) 6 7 This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? ❑ YES ❑ NO B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local government entity? ❑ YES ❑ 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? ❑ YES ❑ NO D. Describe each affiliation or business relationship. Describe any other affiliation or business relationship that might cause a conflict of interest. Signature of person doing business with the governmental entity Date Adopted 01/13/2006 ATTACHMENT CO COMPENSATION FOR ADDITIONAL SERVICES FOR WATER AND WASTEWATER MASTER PLAN AND IMPACT FEE STUDY [Compensation Table is on the following page.] COMPENSATION Compensation to Freese and Nichols shall be based on the following Schedule of Charges: Not to Exceed: The total fee for Basic Services in Attachment SC shall be computed on the basis of the Schedule of Charges, buts hall not exceed $173,000. If FN sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Attachment SC, FN will notifyOWNER for OWN ER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Position Min EM PRINCIPAL 192.15 377.42 GROUP MANAGER 156.56 245.98 ENGINEER VIII 223.27 257.15 ENGNEER VII 174.84; 226.26 ENGINEER VI 153.58 219.03 ENGINEER V 137.48 160.34 ENGINEER N 110.25 147.14 ENGINEER III 103.53 127.72 ENGINEER W 96.18 126.25 ENGINEER 1 85.16 101.85' E-ECTRICAL ENGINEER VI 153.24 198.31 ELECTRICAL ENGINEER V 136.78 177.00 ELECTRICAL ENGNEER N 120.31 155.69',' ELECTRICAL ENGINEER III 90.17' 116.69 ELECTRICAL ENGINEER II 89.31 115.58' ELECTRICAL ENGINEER I 84.15 108.90 MECHANICAL ENGINEER VI 148.04 191.58 MECHANICAL ENGNEER V 131.91' 170.71' MECHANICAL ENGINEER N 115.79' 149.84' MECHANICAL ENGINEER III 93.83 121743 DISCIPLINE LEADER I _ 124.03 160.51 PROGRAM MANAGER II 150.74 195.08 PROGRAM ADMINISTRATOR 131.11 169.67 CONSTRUCTION CONTRACT ADMN 111 113.75 172.06 CONSTRUCTION CONTRACT ADMN 11 81.66 166.25 CONSTRUCTION CONTRACTADMNI 76.72' 112.77 DOCUMENT CONTROL CLERK 62.71 81.16 SR DESIGNER 129.53 167.63 DESIGNER 11 131.78! 140.14. DESIGNER I 91.96' 119.00! CADD DESIGNER 125.55 135.70 ENGINEERING TECHNOLOGIST I 64.35 83.28' TECHNICIAN IV 88.55' 112.81' TECHNICIAN III 74.48', 99.40 TECHNICIAN II 64.47 79.63 TECHNICIAN 1 37.45! 66.08' GIS COORDINATOR 98.15, 127.01' GIS ANALYST IV 84.97: 109.96' GIS ANALYST III 75.71 97.98' GIs ANALYST It 64.58 89.01 GIS ANALYST I 49.68 64.30' 3D VISUALIZATION COORDINATOR 119.74' 154.96 ENVIRONMENTAL SCE NTIST V II 147.42 204.12 ENV IRONMENNTAL SCIENTIST VI 127.98 165.63 ENVIRONMENTAL SCIENTIST _ 111.25' 143.97 ENVIRONMENTAL SCIENTIST IV 105.81 120.47 ENVIRONMENTAL SCIENTIST 111 85.86 112.88 ENVIRONMENTAL SCIENTIST 11 64.26 _ 83.16 ENVIRONMENTAL SCIENTISTI 56.61 73.27 ARCHITECTVI 140.00 209.16 ARCHITECT V 123.79 160.20' ARCHITECT N 102.76 132.98' ARCHITECT III 95.50 . 123.59' ARCHrrmT N 78.78, 101.951 ARCHITECT 1 72.84 80.71 PLANNER VI 148.58 185.71 PLANNER V _ 112.63 145.76 PLANNER III 75.98 98.33 PLANNER 1 58.61 75.85' HYDROLOGIST V 121.02 156.62' HYDROLOGIST N 99.51 128.78 HYDROLOGIST III 83.15 107.61 HYDROLOGIST 1 81.25 105.14 GEOTECHNICAL ENGINEER VI 161.04 208.40 PUBLIC INVOLVEMENT COORDINATOR 88.06 113.96 WEB SERVICES ADMINISTRATOR 106.74 138.14' WORD PROCESSNG/SECRETARIAL 58.24 73.89' OPERATIONS ANALYST 95.06 129.12 CONTRACT ADMINISTRATOR 74.91 96.94 INFORMATION SERVICES ADMINISTRATOR 53.82 69.65' INFORMATION SERVICES CLERK 36.38 47.09 CO-OP 33.25 65.63 The ranges and individual salaries will be adjusted annually. RATES FOR NHOUSE SERVICES Computer and CAD Calcomp Plotter PCCADStations $10.00 per Bond $2.50 per plot Other $5.00 per plot. Color $5..75 per plot Print Shop Color Copies and Printing $0.50 per single side copy $1.00 per double side copy Black and While Copies and Printing $0.10 per single side copy $0.20 per double side copy Binding $5.75 per book Testing Apparatus Density Meter __ $700.00 per month Gas Detection 520.00 per test OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth, and other rnscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent person other than staff rnerrbers. ggp:08 -27 -07 35 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -26 -2009 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 10 -26 -2009 Presented by: Larry Koonce Agenda No. F.1 Subject: GN 2009 -077 Intent to Reimburse Expenditures with Proceeds of Future Debt - Resolution No. 2009 -031 In the 2009/2010 Capital Projects Budget, City Council approved items that may be funded with certificates of obligation or general obligations bonds. The bond sale is currently scheduled for the spring of 2010. In the meantime, there is a need to get the bidding and awarding of some contracts underway. Some of the approved projects may require funding prior to the bond sale in the spring of 2010. In order to reimburse expenditures with the proceeds of future debt, Council is legally required to approve a resolution to this affect. Council approved a similar resolution in November 2008. The resolution presented for Council approval includes projects that may be reimbursed with proceeds from the 2010 bond sale (see attached project list). The budgeted projects include 2003 bond election streets and drainage projects in the amount of $6,245,000, the TIF 2 Recreation Center project in the amount of $18,800,000, Community Center South of Loop 820 in the amount of $1,920,000, Walker's Creek Park Phase 2 (adult softball) in the amount of $500,000, aquatic park projects in the amount of $225,000, drainage projects in the amount of $2,510,000, utility projects in the amount of $805,000, and fire and public works equipment totaling $460,000. The total to be reimbursed with 2010 bond proceeds will not exceed $31,465,000. Staff anticipates that the actual amount expended before the bond sale will be much less than this. Any interim funding required will be appropriated from existing reserves and will be repaid upon receipt of the bond proceeds. Approval of the resolution will allow the City of North Richland Hills to reimburse any of these expenditures with proceeds from the planned 2010 bond sale. Recommendation: To approve Resolution No. 2009 -031. N It H RESOLUTION NO. 2009 -031 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City of North Richland Hills, Texas (the "Issuer ") intends to issue debt for street and drainage improvements, water and wastewater system improvements, Parks and Recreation Improvements, Aquatic Park improvements and Fire and Public Works equipment (collectively, the "Projects ") and further intends to make certain capital expenditures with the proceeds of such debt; WHEREAS, under Treas. Reg. § 1.150 -2 (the "Regulation "), to fund such reimbursements with the proceeds of tax - exempt obligations the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with the proceeds of tax - exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Projects is $31,465,000. PASSED AND APPROVED this the 26th day of October, 2009 CITY OF NORTH RICHLAND HILLS ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Larry Koonce, Finance Director Summary 2010 CIP Budget Debt Issuance Projects Budgeted General Obligation Projects 2003 Bond Election Street and Drainage Improvement Projects Douglas Lane Street Improvements (Hightower to $ 950,000 Starnes) Starnes Road (Rufe Snow Drive to Crosstimbers Lane) 600,000 Terry Drive (Susan Lee Lane to North Richland 65,000 Boulevard) Engineering/Design Tabor Street (Rufe Snow to Steven Street) 70,000 Engineering/Design Shady Grove Road Street Improvements (Davis to 50%000 Clay-Hibbins) Briley Drive Street Improvements (Lariat Tr. To Rufe 430,000 Snow Road) Cloyce Court Street Improvements (Northeast Loop 650,000 820 to Maplewood Ave.) Colorado Blvd. Street Improvements (Boulevard 26 to 700,000 Harwood Rd.) Mackey Drive Streets Improvements (Briley Dr. to 540t000 Glenview Dr.) Trinidad Drive Street Improvements (Rufe Snow Dr. to 970,000 Holiday Lane) Yarmouth Avenue (Mid-Cities Blvd. to Newcastle PI.) 470t000 Meadowview Estates Channel Drainage Improvements 300,000 (Engineering / Design) Total G.O. 2003 Bond Election Projects 6,245s000 Total 2010 G.O. Bonds Budget $ 61245,000 K:\ACCT\Bond Presentation1201 0 Bond1201 0 Project List Reimbusement Res. 10-26-09,xls Budgeted Certificates of Obligation Projects Recreation Center Project Recreation Center JIF 2) Construction 1%800;000 Subtotal C.O. Recreation Center Project %800,000 Community Center South of Loop 820 Project Community Center South of Loop 820 Construction 11920,000 Subtotal C.O. Community Center South of Loop 820 1,920,000 Walkers Creek Park Phase 2 (Adult Softball) Project Walkers Creek Park Phase 2 (Adult Softball) Project Engineering and Design 500,000 Subtotal Walkers Creek Park Phase 2 (Adult Softball) Project 500,000 Aquatic Park Projects Food Service Building (Professional Services) 55,000 New Attraction 2011 (Professional Services) 170,000 Subtotal C.O. Aquatic Park Project 225,000 K:\ACCT\Bond Presentation\201 0 Bond1201 0 Project List Reirnbusernent Res, 10-26-09.xls Drainage Projects Briarwoods Estates Improvements 1,615,000 Heidelburg Court Drainage Improvements 25,000 (Engineering / Design) Brookhaven Drive Improvements 220,000 Odell Street Improvements 520,000 Steeple Ridge Improvements 130,000 Subtotal C.O. Drainage Projects 2,510,000 Utility Capital Projects Douglas Lane Street Utility Relocation (Hightower Dr. 455,000 to Starnes Road) Telemetric Water Meter Annual Replacement (2010) 350w000 Subtotal C.O. Utility Capital Projects 805,000 Capital Equipment Replacement Aerial Bucket Truck Replacement Unit 604 130,000 Ambulance Replacement Unit 946 245,000 Backhoe/Loader Replacement Unit 502 85,000 Subtotal C.O. Equipment Replacement 460pOOO Total 2010 C.O.s $25,220,000 TOTAL 2010 G.O.s AND C.O.s $31,465,000 K.AACCT\Bond Presentation\201 0 Bond1201 0 Project List Reimbusernent Res. 10-26-09.xis CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: George Staples Council Meeting Date: 10 -26 -2009 Agenda No. F.2 Subject: GN 2009 -078 Amending the Code of Ordinances Chapter 18, Article VII Regulating Solicitors and Handbill Distribution, Chapter 70, Article IV Regulating Curb Painting Vendors and Appendix A Fees - Ordinance No. 3077 In recent months Staff received several inquiries and complaints from residents concerning solicitors and unwanted handbills. The current ordinance was last updated in the late 1980's and it does not address the concerns being expressed by the citizens. Staff discussed with Council at their August 10 work session proposed revisions to the Solicitors Ordinance that would regulate the distribution of handbills and place additional regulations and restrictions on solicitors. Since the work session, the ordinance has been further reviewed for additional modifications and input has been received from other departments. A few minor changes were made to the ordinance to address some departmental housekeeping needs. There have been no significant changes made to the ordinance since it was discussed with Council in August. The major changes proposed are: • Businesses desiring to distribute commercial handbills must register and list name of persons who will be doing the distribution • Same time limits on handbill distribution as solicitation. • Signs on houses and businesses will prohibit handbill distributions. • Handbills cannot be placed on cars. • Handbills cannot be left at vacant houses. • Commercial handbill distribution fee - $10 per person distributing handbills. • Solicitor fee - $100 per person • Solicitation permit time reduced from one year to six months. • Provision made for cancellation of solicitation permits. • "Aggressive" tactics in solicitation defined and prohibited. • Solicitors required to step back and stay away from door after knocking or ringing doorbell • Restrictions placed on address number painting solicitation and requiring disclaimer of city endorsement or sponsorship. Recommendation: To approve Ordinance No. 3077 N RH ORDINANCE NO. 3077 AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 18, ARTICLE IV OF CHAPTER 70, AND APPENDIX A, FEES, OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING REGULATIONS FOR SOLICITATION AND CANVASSING ACTIVITIES; REGULATING THE DISTRIBUTION OF HANDBILLS; ELIMINATING RESTRICTIONS ON PEDDLERS, ITINERANT MERCHANTS AND VENDORS AND RELIGIOUS AND CHARITABLE SOLICITATION; PROVIDING THAT CURB PAINTING VENDORS SHALL USE REFLECTIVE PAINT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; 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 of North Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has determined that in order to prevent and deter deceptive practices and fraud, it is necessary to require solicitors to obtain permits and to regulate those solicitors; and WHEREAS, the City Council possesses, pursuant to §311.011 of the Texas Transportation Code, as amended, the exclusive control and power over public streets, and WHEREAS, the City Council has determined that solicitations and other types of activity at residences and other private property at certain times and under certain circumstances greatly intrudes on the privacy and personal property rights of the citizens of North Richland Hills; and WHEREAS, the City Council has determined solicitation activity conducted in certain locations presents safety and congestion concerns; and, WHEREAS, THE City Council has determined that the unregulated distribution of commercial handbills creates litter and annoys residents with unwanted advertisements; and WHEREAS, the City Council finds that regulations addressing all these concerns are in the best interest of the health, safety and welfare of the citizens of North Richland Hills; and WHEREAS, it is the intent of the City. Council to not infringe on any rights protected by First and Fourteenth Amendments to the United States Constitution; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Division 1 of Article VII of Chapter 18 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended to read as follows: "Chapter 18 BUSINESSES ARTICLE VII. Solicitors and Handbills DIVISION 1. Purpose, definitions, solicitation and handbills Sec. 18 -481. Purpose and Intent. The purpose of this chapter is to secure the general health, safety and welfare for the residents of the City by: (1) prohibiting door -to -door solicitation at residences during the times when such activity is most intrusive and disruptive to citizens' privacy; (2) regulating the locations in which solicitation activity may occur to promote safety and minimize congestion; (3) regulating the manner in which any solicitation activity may occur to promote good order protect citizens from aggressive and intimidating practices; and (4) requiring solicitors to obtain permits from the City to aid crime detection and deter deceptive practices and fraud; and, (5) requiring commercial handbill distributors to register, and prohibiting commercial handbill distribution to vacant premises, in public places and to residences and businesses with posted notices prohibiting handbills. Sec. 18 -482. Definitions. In this chapter: Charitable solicitation means conduct whereby a person, organization, society, corporation or its agent, member or representative: (1) Solicits property, financial aid, gifts in money or any article representing monetary value; (2) Sells or offers to sell a product, edible merchandise, article, tag, service publication, ticket, advertisement, subscription; or (3) Holds, promotes or participates in entertainment, sports event, benefit dance, fair, bazaar, or other type of organized social entertainment; on the plea or representation, whether express or implied, that the proceeds from the solicitation, sale or entertainment are for a charitable purpose. Charitable purpose means the use of money or property for the benefit of: (1) Charity-or philanthropy, or poor, impoverished, destitute, underprivileged, needy, refugee, diseased, injured, crippled, disabled, or handicapped persons, or persons in need of rehabilitation; (2) Patriotism, that is, for the teaching of patriotism or the relief or assistance of veterans or veteran's organizations; or (3) Existing educational institutions or for the establishment or endowment of educational institutions or in aid of the education of any person or group of persons. City means the City of North Richland Hills, Texas. City Manager means the City Manager of the City or the City Manager's designated representative. City Sponsored Event means a special event for which the City has issued a permit other than a solicitor's permit or has otherwise authorized to occur, and for which the City pays all or a portion of the costs of the event. Commercial handbill means any sample or device, printed or written material, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies, picture or other representation of goods or merchandise or description of services except telephone books, newspapers, magazines and periodicals of general circulation which: (1) Advertises for sale, lease or license any merchandise, product, commodity service or thing; (2) Directs attention to any business, mercantile or commercial establishment or other activity for the purpose of promoting interest in the things or services sold, leased or licensed; or (3) Directs attention to or advertises a show, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit. Curb means the line adjacent to the edge of the roadway which may be either a raised or lowered or a marked or unmarked surface. Director means the City Secretary or the Director's designated representative. Edible merchandise means prepackaged, non - potentially hazardous foods such as individually packaged candy, ice cream, chips, bottled or canned drinks, or other individually packaged food that does not require strict temperature control. Handbill means any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any manner. Handbill distributor means any person who distributes or causes the distribution, of handbills. Minor means a person under the age of 18. Permanent Established Business Location means an established place of business operating in a permanent structure on a continuous basis. Permanent Structure means a structure for which a certificate of occupancy has been issued. Public Place means any area to which the public is invited or in which the public is permitted, and includes, but is not limited to: the parking lot of any commercial establishment, the right of way of any street or highway, but does not include the offices or work areas of work places not entered by the public in the normal course of business. Roadway means that portion of a street or highway designed, improved or ordinarily used for vehicular travel, typically delineated by curbs or the edge of the pavement. Selling means to sell, dispense, peddle, hawk, display, offer to sell or solicit for sale by offering or exposing for sale any goods, wares, merchandise or services. Sidewalk means the portion of a street or highway that is between a curb or lateral line of a roadway and the adjacent property line and intended for pedestrian use. Solicitation means (a) the act of: (1) traveling either by foot or vehicle, going door -to -door, house -to- house, building -to- building; or (2) occupying space in or traveling on or through any public place in the City; (b) while contacting persons to ask, barter or communicate in any other manner, whether orally, by written or printed materials including but not limited to handbills or leaflets, hand signing or by any other method, direct or implied, for the purpose of: (1) selling or taking orders for goods, wares, merchandise or services; or (2) collecting money for any purpose. The term does not include: (1) activity of a salesperson calling upon or dealing with manufacturers, wholesalers, distributors, brokers, dealers, service providers or retailers at their place of business in the usual course of business; (2) activity approved in conjunction with a city sponsored event; (3) activity conducted in conjunction with a residential yard or garage sale; (4) activity of a business conducted at the permanent established business location of that business; (5) activity conducted with consent of the owner or person in control of the property and not conducted while traveling either by foot or vehicle; going door -to -door, house -to -house or building -to- building; (6) activity for which a special use permit has been issued pursuant to the City's zoning ordinance; (7) activity conducted in connection with a mass gathering event under the City's zoning ordinance; (8) activity conducted at a city park pursuant to a concession agreement with the City or in accordance with applicable park ordinances and policies; (9) visitation or fund raising by members of an organization from its own members; (10) personal contact or fund raising by individuals, political candidates or parties or their supporters seeking to advocate particular points of view, issues or candidates. (11) 'persons seeking solely to promote religious views. (12) distribution of handbills without personal contact. (13) mobile food vendors who hold a current City of North Richland Hills health permit providing food to work sites, (14) charitable solicitation, (15) any activity exempted from regulation by law. Solicitor means a person who engages in solicitation activities. Solicitor's Permit or Permit means a permit issued by the Director which allows a person to conduct solicitation activities within the City. Street or highway means the width between the boundary lines of a publicly maintained way, any part of which is open to the public for vehicular traffic. Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Sec. 18 -483. Permit Required for Solicitors. (a) A person commits an offense if the person engages in solicitation in the City without first obtaining a solicitor's permit from the Director. (b) A solicitor's permit shall be valid for six (6) months following the date of issuance unless a shorter period is requested by the applicant. (c) An applicant for a solicitor's permit shall pay a permit fee at the time the application is submitted, and if required, shall submit a bond if the application is granted. The amount ' of the solicitor's permit fee shall be set forth in the schedule of fees approved by the City Council. (d) No permit shall be required for persons under eighteen (18) years of age if engaged in fundraising activities for an organization using all profits for young people's activities or donating all profits to charities other than a sponsoring organization, nor shall a permit be required for the organization for which such young persons are soliciting. Sec. 18 -484. Permit application. (a) A person or organization desiring to conduct solicitation activities within the City shall make a written application on a form provided by the Director for a solicitor's permit. The application shall contain the following information for each person who will be conducting solicitation activities: (1) the name, driver's license or state issued identification, date of birth, phone number and permanent, and, if different, local address; (2) a valid state driver's license number or a state - approved identification card number with a photograph (The Director will make a photocopy and attach to the application); (3) 'if a vehicle is used, a description of the same, together with the state where licensed, license number and the vehicle identification number; (4) except as provided by section 18- 483(d), two photographs, measuring at least 1.5" x 1.5" and showing the head and shoulders of the person in a clear and distinguishing manner, which shall have been taken within the preceding 60 days before filing the application; (5) proof of possession of any license or permit which, under Federal, State, or Local laws or regulations, the person is required to have in order to conduct the proposed solicitation. Copies of all such licenses and permits shall be attached to the application; (6) if the applicant is: (i) employed by another, the name and physical street address (not a post office box) and telephone number of the employer together with credentials in written form establishing the authority of the employee to act for the employer; acting as an agent, the name, the physical street address (not a post office box), and telephone number of the principal being represented, with credentials in written form establishing the relationship and authority of the agent to act for the principal; or (iii) acting as a volunteer for a nonprofit organization, the name and physical street address (not a post office box) of the organization being represented must be provided; (7) the nature of solicitation activity (i.e. the merchandise to be sold or offered for sale; or the nature of the services to be furnished; or the type of pamphlets or handbills to be distributed), (8) the approximate time period within which the solicitation is to be made, stating the date of the beginning of the solicitation activity, its projected conclusion and the proposed dates and times of solicitation; (9) the names of all other cities in which the applicant has conducted .solicitation activities in the past six (6) months; (10) whether the applicant will receive a payment for goods or services at the time of solicitation or will demand, accept or receive payment or the deposit of money in advance of final delivery, and if so, the amount sought or the basis for calculation of such payment; (11) if the applicant has plead guilty, or nolo contendere to, or has been convicted of a felony or misdemeanor involving fraud, deceit, misrepresentation, a sex offense, theft, trafficking a controlled substance, or any act of violence against persons or property, a description of each such conviction or plea and the date of the offense; (12) if the applicant is an entity that sponsors or employs minors as solicitors and is submitting one application, the information set forth in section 18- 484(a). A permit will be required for each such minor. (b) No person shall distribute or cause the distribution of commercial handbills without first registering with the Director and paying a registration fee in an amount established by the City's schedule of fees as approved by the City council. Such registration shall be based on the number of persons who will be distributing flyers and shall be for a specified thirty day period. The applicant shall complete a registration form which shall contain: (1) The name and address of the applicant's business address. (2) A brief description of the business or event being advertised by the handbills. (3) The name, address and date of birth of every person who will distribute such commercial handbills. Sec. 18 -485. Solicitation by Minors; Applications. (a) A minor who conducts solicitation activities shall be sponsored or employed by a person over the age of eighteen, a corporation, company or organization. The person, company, corporation or organization that is sponsoring or employing the minor(s) is responsible for controlling the conduct of the minors. (b) Each minor sixteen (16) years of age or older who is sponsored or employed by any person, company, corporation or organization that is not a non - profit organization shall obtain a solicitors permit as required by Section 18 -483. Sec. 18 -486. Bond. (a) Solicitors who require cash deposits or advance payments for future delivery or who require an agreement to finance the sale of goods or services for future delivery, or for services to be performed in the future, shall, as a condition of a permit, file a bond with the Director in the amount determined in subsection (c) below, signed by the applicant and a surety company authorized to do business in Texas: (1) conditioned upon the final delivery of goods or services in accordance with the terms of any order obtained; (2) To indemnify purchasers for defects in material or workmanship that may exist in the goods sold and that are discovered within 30 days after delivery; and (3) For the use and benefit of persons, firms, or corporations that may make a purchase or give an order to the principal of the bond or to the agent or employee of the principal of the bond. (b) If the applicant is a person, firm, or corporation engaging in solicitation activities through one or more agents or employees, only one bond is required for the activities of all the agent or employee solicitors. (c) The amount of the bond is determined by the number of solicitors acting as agents or employees of the same person, firm, or corporation as follows: 1 -5 solicitors ... $10,000.00 6 -10 solicitors ... $20,000.00 11 or more solicitors ... $30,000.00. Sec. 18 -487. Issuance of Solicitor's Permit. (a) The Director shall approve or deny the issuance of a permit to an applicant and notify the applicant within 30 days after receipt of the application. If the permit is denied the applicant shall be notified of this decision by mail sent to the address shown on the application. The permit shall not be approved if the Director finds one or more of the following to be true: (1) the application for a solicitor's permit does not contain the information required by section 18 -484; (2) false or misleading statements are found to be included in the application for a solicitor's permit; (3) the applicant, employer or principal is a person against whom a civil judgment based upon fraud, deceit, or misrepresentation has been entered within five (5) years; (4) within five (5) years preceding the date of the application, the applicant, employer or principal has pleaded guilty or nolo contendere to, or has within such time been convicted of, a felony, misdemeanor, or ordinance 'violation involving fraud, deceit, misrepresentation, a sex offense, trafficking a controlled substance, or any act of violence against persons or property, (5) the applicant is a registered sex offender, (6) within the six (6) months preceding the date of the application, the applicant has failed to comply with any rule, regulation or ordinance of .another city or state concerning solicitation activity; (7) the applicant has an outstanding warrant of arrest for any offense described in subsection (a)(4); or (8) the type of solicitation activity requires a bond, and the applicant has not complied with the bond requirements in section 18 -486. (b) If an application is denied, the reasons for denial shall be noted on the application. (c) Except as otherwise provided in this chapter, the Director shall issue to each approved permit holder a photo identification tag under the terms of this ordinance. Such photo identification tag shall be worn constantly in a conspicuous place by the permit holder while conducting solicitation activities in the City. (d) A person commits an offense if the person wears or displays a photo identification. tag issued to another person or alters a photo identification issued hereunder. Sec. 18 -488. Revocation or Suspension of Solicitor's Permit. (a) A permit may be revoked or suspended by the Director for any of the following reasons: (1) the Director finds that any fact or event in section 18- 487(a) is true or has become true since the application was completed; or (2) the solicitor conducts solicitation activities in violation of any provision of this chapter. (b) Upon revocation, the Director shall immediately deliver written notice to the permit holder stating the action and the reasons supporting such action. A written notice shall be delivered or mailed to the solicitor's address as shown on the application. (c) The Director shall have the authority to seize any and all permits and photo identification .tags possessed by persons conducting business as a solicitor while the official notification process is underway. At such time, all solicitation activities conducted under the authority of that permit shall cease. (d) Should more than one complaint be received that solicitors for any product or service have violated any of the provisions of this ordinance, the Director shall immediately suspend all solicitor permits for such product or service and notify the permit holder(s) of such suspension. Unless appealed as provided by the following Section, such suspension shall become a forfeiture of all such permits. Sec. 18 -489. Appeals. (a) A person who is denied a solicitor's permit, or whose permit is revoked or suspended by the Director, may appeal the decision to the City Manager by filing a notice of appeal with the Director within 15 days after the notice of decision is delivered or mailed to the address indicated on the application. (b) Within. ten (10) days of the receipt of the notice of appeal, the City Manager shall set a time and place for a hearing on the appeal which shall be not later than thirty (30) days from the date of receipt of the notice of appeal. The City Manager may designate a person to hear such appeal. (c) Notice of the time and place of the hearing shall be delivered to such person or mailed to the person at the address indicated on the application. Notice shall be sent within ten (10) days of the receipt of the notice of appeal. (d) The decision of the City Manager or his designee on the appeal is final. No other administrative procedures are provided by the City. Sec. 18 -490. Regulation of Solicitors; Generally. (a) A solicitor shall identify himself as a solicitor upon approaching a person at a residence or at any other location in the City and explain his purpose, whether it be direct sales, solicitation of orders or services, or the demonstration of merchandise, or any combination of such purposes. (b) A person who uses a vehicle in solicitation activities shall post a sign located in a conspicuous place on the vehicle, identifying the name of the person, company or organization that the person represents. If the name is an individual person, it must be followed by the word "solicitor ". The lettering on the sign must be at least two and one - half (2 Y2 ") inches high. (c) A solicitor who holds a current City of North Richland Hills health permit is permitted to solicit for the sale of edible merchandise. Any such solicitor shall keep all articles for sale to the public in a clean and sanitary condition, as well as the wagons, vehicles, or other conveyances used in the transportation of such merchandise and shall meet all applicable Federal, State and local regulations. (d) A solicitor commits an offense if he or she sells or offers to sell any unsound or unwholesome merchandise or give a false weight of measure to such offered for sale. (e) A solicitor commits an offense if he or she represents that the City or any of its employees or officials has endorsed or approved the goods or services which the solicitor is attempting to sell or take orders for. (f) A solicitor commits an offense if he or she attempts to contact a person at an address where a "No Solicitors" sign is posted. (g) A solicitor commits an offense if he or she fails to depart immediately when requested or ordered to leave. (h) A solicitor commits an offense if he or she fails to immediately step back from the door after knocking or ringing a doorbell and remaining at least three feet back from such door unless and until invited into the home. (i) It shall be an offense for a person not prominently displaying a valid permit issued to such person under this Article for the purpose described in the application for such permit to engage in solicitation within the City. 0) It is an offense for a solicitor to solicit for the sale of any potentially hazardous food, whether packaged or unpackaged, raw or cooked, such as fish, beef, or poultry, or for the sale of fruit, produce or other unpackaged goods. (k) It shall be an offense for any solicitor to refuse to produce proof of identity upon the request of a police officer. Sec. 18 -491. Solicitation in Public Right of Way. (a) A person commits an offense if the person engages in solicitation activity within the roadway, or on any median or traffic island within the right -of -way of any street or highway within the City. (b) A person commits an offense if the person engages in solicitation activity by a direct transaction or exchange with the occupant of any vehicle stopped or traveling on the roadway of any street or highway in the City. An offense under this subsection occurs when the offer, solicitation or distribution is made regardless of whether a transaction is completed. (c) A person commits an offense if the person engages in solicitation activity on a sidewalk within the City in a manner that impedes the flow of pedestrian traffic. (d) It is a defense to prosecution under subsections (a) or (b) above if the person engages in solicitation activity to operate a taxi cab, mail carrier, vehicle for hire such as commercial servicing or repair of any disabled motor vehicle. (e) It is a defense to prosecution under subsection (a) if the person engages in solicitation activity from a vehicle in a manner that does not violate section 18- 492(a)(1). Sec. 18 -492. Solicitation from a Vehicle. (a) A person commits an offense if the person conducts solicitation activities from a vehicle and: (1) the solicitation is conducted at a location within the right of way of any street or highway in the City which is designated as an arterial or collector -on the City's thoroughfare plan; or (2) the person stops the vehicle within a roadway to conduct business before the vehicle has been approached, called, or waived down by a prospective customer. (b) A person commits an offense if the person operates a vehicle from which solicitation activities are conducted upon any street or highway within the City and the vehicle is not equipped with warning lights that are in actual operation, whether or not the vehicle is stopped or moving. (c) A person commits an offense if the person operates a vehicle from which solicitation activities are conducted upon any street or highway within the City in a manner that blocks or impedes access to or from any alley, street or driveway, or impedes the flow of traffic on any public street or highway. Sec. 18 -493. Restrictions on time for Solicitors and handbill distribution. (a) A person commits an offense if the person engages in solicitation or handbill distribution activity_at a residence: (1) before 9:00 a.m.; or (2) after sunset as defined by the National Weather Service or 8 p.m., whichever is earlier on a given day. (3) on Sunday, any federally designated holiday; or any day where the Department of Homeland Security has declared an orange or red state of alert. (b) A person commits an offense if the person engages in solicitation or handbill distribution activity at a premises with a posted notice that such activity is not welcomed or invited. It shall be presumed that there is notice that solicitation and handbill distribution activity is not welcomed or invited when there is exhibited in a conspicuous place on or near the main entrance of a premises, a sign, not less than one (1) inch by three (3) inches in size, containing the words "NO SOLICITORS ", "NO TRESPASSING", "NO SOLICITORS OR HANDBILLS" or words of similar meaning. (c) A person commits an offense if the person engages in solicitation activities in an aggressive or intimidating manner. The term "aggressive or intimidating manner" means: (1) Blocking the path of a person who is the object of the activity; (2) Following behind, ahead or alongside a person who walks away from the solicitor or canvasser after being solicited, approached, accosted or offered a handbill, leaflet or any other item; or (3) Shouting, making any outcry, blowing a horn or whistle, or using any sound device, including any loud speaker or sound amplifying system in violation of the City's noise ordinance for the purpose of attracting attention to one's location. (4) Suggesting that the person or their family is in danger or will suffer harm if .they do not purchase the goods or services offered by the solicitor. (5) Failing to immediately step back from the door after knocking or ringing a doorbell and remain at least three feet back from such door unless and until invited into the home. (d) No handbill shall be delivered to any uninhabited building. (e) No commercial handbill shall be distributed or circulated in or upon any public place or outdoor area. (f) No handbill shall be deposited upon or in any motor vehicle unless such vehicle is occupied and the occupant expressly accepts such handbill. (g) No handbill shall be delivered or distributed to any residential property in a manner which could result in such handbill being blown or drifting about or away from such property. (h) No handbill shall be nailed, tacked, stapled, glued or taped to any door or structure or attached in any other manner which could mar or leave adhesive residue. (i) It shall be an offense for any person to engage in the distribution or delivery of any commercial handbill without registering as required. The distribution of any handbill containing any commercial message shall be deemed to constitute distribution of a commercial handbill by the business which is the subject of the commercial message and an offense hereunder. (j) It shall be an offense for any person who engages in the delivery of a commercial handbill to refuse to identify himself to a police officer. " SECTION 2. Division 2 of Article VII of Chapter 18 of the North Richland Hills Code of Ordinances regulating itinerant merchants is hereby repealed. SECTION 3. Divisions 3 and 4 of Article VII of Chapter 18 of the North Richland Hills Code of Ordinances regulating charitable solicitation and religious solicitation are hereby repealed. SECTION 4. Chapter 70 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended by amending Article IV by adding a new Sec. 70 -112 which shall read as follows: "Sec. 70 -112. Painting address numbers on street curbs. (a) Definition. A curb painting vendor means a person who engages in the business of painting address numbers on street curbs for remuneration. (b) Purpose, restrictions In order to protect citizens against crime, including deceptive practices, fraud, and burglary, to minimize the unwelcome disturbance of citizens and the disruption of citizens' privacy, and to preserve the public health, safety, and general welfare by registering and regulating those persons engaged in the business of painting address numbers on street curbs, every curb painting vendor shall (1) use reflective paint to paint curbs; (2) comply with the provisions of Article VII of Chapter 18 of this code; (3) provide to each business or residence that is being solicited a copy of a brochure, pamphlet or flier or advertising the curb painting vendor's services, which shall include the following statement in bold and conspicuous type on the cover thereof: "The City of North Richland Hills does not endorse or sponsor this business and does not require that you paint your curb."" SECTION 5. Appendix A of the North Richland Hills Code of Ordinances is hereby amended by eliminating the license fees for itinerant merchants or itinerant vendors and adding the following fees under Chapter 18: "Solicitor's permit: $100 for each person engaging in solicitation activities. Commercial handbill distribution: $10 per person distributing handbills." SECTION 6.. Cumulative. This ordinance shall be cumulative of all provisions of ordinances of the City of North Richland Hills, Texas except where the provisions of this ordinance are in direct conflict with the provisions of such ordinance, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section 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 8. Penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. 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 10. 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 11. 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 26th day of October, 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 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 10 -26 -2009 Agenda No. F.3 Subject: GN 2009 -079 Appointments to Naming Board The Naming, Board was established by Ordinance No. 2517 for the purpose of submitting recommendations to the City Council for the naming of City facilities, which includes parks, buildings, streets and other publicly owned facilities. The Board consists of three council members. Mayor Pro Tern Turnage, Councilman Barth and Councilman Lombard are currently serving on the Board. The ordinance provides that the appointments to the Board are to be made annually and that the Mayor, subject to Council approval, makes the appointments. Mayor Trevino is recommending that Mayor Pro Tem Turnage, Councilman Barth and Councilman Lombard be reappointed to the Board. Recommendation: To approve the recommendation of the Mayor to reappoint Mayor Pro Tern Turnage, Councilman Barth and Councilman Lombard to the Naming Board. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 10 -26 -2009 Agenda No. FA Subject: GN 2009 -080 Cancelling the November 23 and December 28 City Council Meetings During the Council Work Session, Staff will be discussing with Council the scheduling of the November 23 and December 28 Council meetings. These meetings will fall close to the Thanksgiving and Christmas Holidays. In the past when Council meetings have fallen on or close to a holiday, Council has opted to cancel the meetings and directed Staff to notify Council if any significant issues arise that warrants a special meeting. Staff is recommending that the November 23 and December 28 meetings be cancelled and if there is unexpected business that cannot be handled at the remaining meetings, a special meeting will be scheduled. Recommendation: To cancel the November 23 and December 28 City Council meetings. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -26 -2009 Presented by: Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10 -26 -2009 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CITY OF NORTH RICHLAND HILLS Department: Economic Development Council Meeting Date: 10 -26 -2009 Presented by: Jimmy Perdue Agenda No. G.1. Subject: Authorize the City Manager to Execute a Contract for the Purchase 1.4 acres of Land and Amend the Capital Projects Budget Davis Blvd, north of Main Street is a key part of the City's long range transportation and land use needs attributed to regional and local growth. Understanding that the City currently owns 11.8 acres in this area, staff has been researching available adjacent properties that will further support the facilitation of these needs. With this in mind, staff has identified six contiguous properties for proposed land acquisition under the same owner. The properties are: 68081 68121 68161 68201 6824 and 6828 Mickey Court Totaling 1.4 acres, the properties are currently zoned TOD Core which encourages a mixed use of commercial and residential development in the Smithfield area. The actual use or uses are to be determined, understanding there is a chance for municipal use or that it can be sold for other purposes and uses. The overall effort, which may include the future acquisition of adjacent property, will be funded through Gas Development Reserves. In the case of these 6 properties, the funds will obligated to an existing loan with Liberty Bank previously approved by council on July 13, 2009. Recommendation: To Authorize The City Manager to: 1) Authorize the Purchase of 1.4 acres of commercial land at 6808, 6812, 6816, 6820, 6824 and 6828 Mickey Court in the amount of $200,000 2) Amend the 2009/10 Capital Improvement Project Budget in the amount of $230,000 (which includes closing costs) 3) Appropriate Gas Development Reserves for Payment of the Property MUIllicipal Facility Capital Projects Davi-g BoufevarcJ Piwerry Acquisition - TOO Area 800906 PROJECT DESCRIPTION & JUSTiFICATION pro*c- c3r,,5!s-,s of t-e purchase c- property - the '-Sriirlield TOC area. mi afeza,n vie eld -,-Xles k rings t'a"sporta**rl and �32`-, -- needs- at-aoLsred o .-naA anf !cca, LISE ufc%v,h. The actual se --- tisesare ic det=-,iiine-:, ol'; t��.:re is a for �)Ljn,*,-Pal B r t C or ot,---, purp:,-ces and ses. '7-4-r 1-017i-1,ai f.17�0 of S--,,,CCC DDZ, was for a scmrierc;3 loan wits repaymem fron- Gas De,.,eiopment Pz--se!-%.A-s - 'Jse. '-n 12, 200C, s,!-crher prcperty was p. „,chas&d !*ce 5250, NC with "unds from L�a Gas Reserves- General -_e Or; Omber 20C9 ar. addit ona property waB clr-c-hased fcr K'K-1.000 is a'sc a. cy:owr,-E—Ja? can tc be repaid fmri Deve-c,, :mert Reserves - 31'e'-s'.-'! Use. PROJECT STATUS 04r,301 200&14010 C) 0 �-! -a 2 0 C�` C :�'Z-a-t Dar Re-,risim cag. -E:2XN Dl is * Al REVISIO,NK EXPLANATION T,-=- purchase cf an Jonal prcpei-ty m, Smilifie-A -00 area for roughly S230,07-L. -,hat incciudes th;- pfic,;i of S,2LDD.CCC ire: applicatle Zqlcsirg co-'sts. FINANCIAL DATA 2COW2010, 2009i17� Tot3 Funding Source A i nc,,, n t o 2009,,MC Om, PC Revised PC"Ect Adcpted Budget BalancA- (^05” Prior Alices-Jorw -Icpn-tz e r s Dekoc - Genera! U, Be s 21, D 3. 0 0 so S L I IL Propos,id Funding -. ocatc,.- s: !Zs 7 -nes 1: a -,eye CP111--ir b Res Use A 4 E, 0, C A A '11k 7.V.al 132. D"D0,000 1 $4 2,0. 5 112 453,0N, Proje,ct Expenditures 4411, Engineerirtg,'rvless�:,na Services h S ILI 5 0 0 JK L -K7.000 MC1.000 &M 1 708,CIM, 1 1-742,000 1 1 2.4SD,(';CI- ' ' I I.-K-000 I 1 5 51.742,C00 I 1,,J�-,46D, " IMPACT ON OPERATING BUDGET Annual Operating Impact 201Q!2011 2011 �MI2 120111-71 3k 2011'27,2�14 Tot:, So soi FISCAL YEAR 20019-2010 SCHEOULE 12 - SUMMARY OF REVENUES AND EXPENDITURES GAS DEVELOPMENT FUND ADOPTED AMENDED REVISED BUDGET BUDGET PROPOSED 6 U D- (3 ET FY 2001'-10 FY 20W,10 AMENDMENT FY 2001.410 5,-) n ---� s e s .'li-neral FLqC :Lfp use S -posr t li*y Func Pu, :! s Park Developonsint PL'I:43SC-5 Er.onomc Deve ^.,lpmeri- P,,uri:-osi--s :301 0,-, rs, e P r 1:', ores R cyaltie s, Ov.:--rrde s Fuic ---"L 'pose S Park Dciveloprre--A Ecc-ncimic D.E-vet ,jpmcinz hccme Approwizab q, 4Rciserk-s 3 e n.=--r:,l Funa -'lurpcises Ecc•nomic Development Purposes TOTAL REVENUES EXPENDITURES ransfer to Genzral FLIC :'-lp era -ions Iraq. sf e- lo G F-P rev SAreet %lainteri. —ra-isfe, tc, Golf C-cirse Fund Renovat�ons ra -isfe, !.--, Park F JI, d -7ransfe, lo Econonvz3 Dev Find ra nsf er to aoi -a= Projects d I I L; f eS TOTAL EXPENDITURES BALANCE e: C `� 0 c7ober '2. 2-009. 4. AIT -- - SC SC C 3 0 12 3 . CO C 2C .13C D 1110 C 3C C 3 C 3 21, 3. C 3 C 20,303 2 01, C 3 C C 13 C 20,3C3 A- K C 3 0 8t),C59 13 3 ag C5 C 0 ii 0 2 5 0, 0 C 0 2-:k C. 0 4P-'O,C,3C 413. CO C 4 6 0,0 C-0 Jtelo,CK 7 C�2. 0 5 ?33, 0 S?.1Eg,059 SC $0 SC C C C 0 4C 3.C-0 C 71 C, 30,0 04l 3.0 3C $7 1 G.00-0— S.12 3 0, 0 10 Cl 4 g, 3;:, S� 249.C5rr II CITY OF NORTH RICHLAND HILLS Department: 'City Secretary Council Meeting Date: 10 -26 -2009 Presented by: Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department:. City Secretary Presented by: Councilman Tom Lombard Subject: Announcements - Councilman Lombard Announcements Council Meeting Date: 10 -26 -2009 Agenda No. H.1 Early voting continues through Friday, October 30th for the November 3rd election to amend the Texas State Constitution. Early voting is being conducted at the NRH Recreation Center and other sites around Tarrant County. For more information, please call 817 - 831 -VOTE or visit tarrantcounty.com and click on the "Tarrant Votes" link. Join us for the 6th Annual Hoot n' Howl event on Saturday, October 31 st at Green Valley Park, 7701 Smithfield Road. Hoot n' Howl will take place from 5 p.m. to 8 p.m. Admission is free. Activities will include games, bounce houses, hayrides, storytelling, a costume contest and more. This annual event is a safe alternative to trick or treating. For more details, please call 817 - 427 -6600. The City of North Richland Hills invites you to attend the annual Veterans Day Celebration on Wednesday, November 11th at Liberty Park. This special event will honor all who have served our country. The ceremony will begin at 11 a.m. Liberty Park is located at 5825 Holiday Lane. For more information, please call 817 - 427 -6600. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Chun Mezger & Staff, Animal Adoption & Rescue Center A resident recently sent a card to the Animal Adoption & Rescue Center to thank the staff for assisting her when her pet passed away. The kindness and respect that Chun and her staff showed during this difficult time will always be remembered, the resident said. CITY OF