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CC 2010-02-08 Agendas
CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE - COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, February 8, 2010 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2010 -009 Mayor's Health & Fitness Initiative (15 Minutes) A.3 IR 2010 -010 Discuss Transportation and Access Along State Highway 121/183 and Bedford Euless Rd. (15 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096- 236530 -09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067 - 241297 -09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09) C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland posted at City Hall, City of North Richland Hills, Texas in compliance with Government Code on February 5, 2010 at This facility is wheelchair accessible and accessible p Requests for accommodations or interpretive services must be made 48 hours this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for information. Hills City Council was Chapter 551, Texas prior to further 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 — February 8, 2010 Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, February 8, 2010 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: ❑ 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 Barth A.2 Pledge - Councilman Barth A.3 Special Presentation(s) and Recognition(s) - National Engineers Week Proclamation presented by Councilman Welch A.4 Special Presentation(s) and Recognition(s) - Annual Bunny and Bear Drive presented by Haley Whatley A.5 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.6 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. NRH City Council Agenda — February 8, 2010 Page 2 of 4 There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of January 25, 2010 City Council Meeting B.2 PW 2010 -008 Authorizing the City Manager to Sign a Grant Agreement for the City's Traffic Signal Adaptive System CIP Project ST1004 - Resolution No. 2010 -010 and Revise the 2009/2010 CIP Budget for Project ST1004 C.0 PUBLIC HEARINGS C.1 GN 2010 -008 Conduct a Public Hearing for the 36th Year Community Development Block Grant Program C.2 GN 2010 -009 Approve 36th Year (2010/2011) Community Development Block Grant Program - Resolution No. 2010 -009 (This item is not a public hearing but related to Item C.1) D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 GN 2010 -010 Amending Sign Regulations Establishing Requirements for Digital Billboards Along Freeways - Ordinance No. 3086 E.0 PUBLIC WORKS E.1 PW 2010 -006 Approve Interlocal Agreement between the Cities of North Richland Hills, Richland Hills, Fort Worth and Haltom City for the Design and Construction of the Big Fossil Creek Wastewater Outfall System Improvements and the temporary Maintenance for the existing Wastewater Outfall System E.2 PW 2010 -007 Abandon Public Right -of -Way within Lot 8 of Block 1 of the Oakvale Addition - Ordinance No. 3087 F.0 GENERAL ITEMS F.1 GN 2010 -011 Calling May 8, 2010 City Council Election and Authorizing a Joint Election Agreement with Other Tarrant County Political Subdivisions and Contract for Election Services with Tarrant County - Resolution No. 2010 -008 F.2 GN 2010 -012 Approve 2010 Federal Legislative Positions F.3 GN 2010 -013 Approval of the One -Year Renewal Option and Amendment to the Iron Horse Golf Course Management Agreement NRH City Council Agenda — February 8, 2010 Page 3 of 4 F.4 GN 2010 -014 License Agreement with Enterprise Texas Gas Services Company for a gas pipeline in Fossil Creek Park and Iron Horse Golf Course F.5 GN 2010 -015 License Agreement with Texas Midstream Gas Services Company for gas pipeline in Fossil Creek Park and Iron Horse Golf Course G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Lombard H.2 Adjournment All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on February 5, 2010 at �' \ , 1/J'j City Secretary This facility is wheelchair accessible and accessible parking Spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 -427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. NRH City Council Agenda — February 8, 2010 Page 4 of 4 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre - Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, February 8, 2010 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2010 -009 Mayor's Health & Fitness Initiative (15 Minutes) A.3 IR 2010 -010 Discuss Transportation and Access Along State Highway 121/183 and Bedford Euless Rd. 0 5 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners Ltd. vs. City of North Richland Hills (No. 096- 236530 -09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067-241297-09)L- 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09) C.0 Adjournment CITY OF INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2010 -009 Date: February 8, 2010 Subject: Mayor's Health and Fitness Initiative In an effort to promote physical activity, which is fundamental to leading a healthier life, the City of North Richland Hills is introducing a community wide Mayor's Health and Fitness Initiative. The mission of the Mayor's Health and Fitness Initiative is to support and encourage residents to improve their fitness level by encouraging regular physical activity, improved nutrition and a healthier life while promoting a sense of community. The Mayor's Health & Fitness Initiative for 2010 will consist of multiple components, with activities and support designed for all ages of the community. These components include: • American Heart Association Start! Walking Program -The City of NRH has joined the American Heart Association's Start! Walking program, which allows our residents to enroll on -line and track their daily activity, and receive a customized walking plan, recipes and tips. • NRH Fit Districts -The City has been divided into 6 fit districts that have each been color coded. At the end of 2010, the Fit District with the most steps logged will be recognized as the "Fittest District" within NRH. • Comprehensive Marketing Campaign -A comprehensive marketing campaign will be launched for the Mayor's Health & Fitness Initiative and will include: Waterbill Postcards, a Website, "Get Fit with Our Heroes" campaign with our First Responders, Social Marketing, Electronic Marketing and other media outlets. • Mayor's Proclamation on the Initiative will be read in March, 2010. • Mayor's Fun Walk- Scheduled for April 10, 2010, this three mile fun walk begins at Walkers Creek Park. • Susan G. Komen's Race for the Cure - Join Team NRH on April 24, 2010 in downtown Ft. Worth. • BISD Elementary Youth Fitness Pledge - In August, 2010 elementary students will be offered the Mayor's Youth Fitness Pledge that will challenge the students to walk a total of 26.2 miles over an eight week period. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � A City Employee Olympic Style Challenge (Sportsfest) will be held in September, 2010 and will promote city employee involvement and fitness. Teams of employees, spouses, City Council and board members will compete in events such as Dodgeball, Basketball, Volleyball, Golf, Wii Bowling, Office Olympics, and much more. This program will be in partnership with the Human Resources Department. Staff will provide a presentation on the Mayor's Health and Fitness Initiative at the Work Session. Respectfully Submitted, Vickie Loftice Managing Director of Community Services INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2010 -010 Date: February 8, 2010 Subject: Discuss Transportation and Access Along State Highway 121/183 and Bedford Euless Rd. The North Tarrant Express (NTE) project consists of a series of major improvements to the critical 1 -820 and SH 121/183 highway corridor in northeast Tarrant County. The majority of North Richland Hills falls along the 1 -820 segment of the project, yet a small but significant amount also falls along SH 121/183, specifically the commercial areas along Bedford - Euless Road that borders the City of Hurst and Northeast Mall. Over time, this portion of North Richland Hills has experienced a reduction in economic activity, specifically a rise in retail vacancy and declines in both taxable sales ' and appraised property values. While various elements have contributed to these conditions, access from adjoining highways as well as internal site circulation and connectivity are considered major contributors. Retail Commercial Area Profile • 600,000 square feet of retail, 33% of which is currently vacant • 2009 appraised property values of $69,000,000, down 11% from 2008 • 2009 taxable sales of $30,500,000, down 21% from 2008 (same store comparison) While the NTE is designed to help relieve regional traffic congestion, improve safety and pave the way for future growth in one of the country's most congested and fastest - growing regions; the timing is right to better understand the proposed designs and determine the feasibility of potential changes that would improve access and economic viability to this specific area. Mindful of TxDOT's geometric design criteria, the following access improvements could be evaluated for feasibility that would improve access, circulation and connectivity: • Shifting or adding a ramp along west bound SH 121/183 to Bedford - Euless Road • Adding a ramp along east bound 1 -820 between Boulevard 26 and Bedford - Euless Road • Adding a ramp along north bound 1 -820 between Pipeline Road and Bedford Euless Road • Re- design internal site circulation within and connectivity to the commercial areas along Bedford - Euless Road ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS Understanding that the overall objective is to improve access, circulation and connectivity; a decrease in retail vacancy with increases in taxable sales and appraised property values are the desired result. The City has the opportunity to consider a series of proposals that would determine feasible redesign scenarios that could be considered by TxDOT and commercial property owners. Although acceptance of geometric feasibility may be the first step of TxDOT's formal access modification process; further studies and plan preparation would be required for formal approval and implementation. Funds specifically dedicated for this effort were adopted in the FY 2009/2010 Capital Projects Budget. Staff is interested in determining if City Council would like to proceed with this effort to determine "if' and "what" improvements can be made from an access, circulation and connectivity standpoint. Respectfully submitted, Craig Hulse Director, Economic Development CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2 -8 -2010 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: City Secretary Presented by: George Staples Council Meeting Date: 2 -8 -2010 Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096- 236530 -09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067 - 241297 -09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09)) CITY OF City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, February 8, 2010 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Barth A.2 Pledge - Councilman Barth A.3 Special Presentation(s) and Recognition(s) - National Engineers Week Proclamation presented by Councilman Welch A.4 Special Presentation(s) and Recognition(s) - Annual Bunny and Bear Drive Presented by Haley Whatley A.5 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.6 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of January 25, 2010 City Council Meeting B.2 PW 2010 -008 Authorizing the City Manager to Sign a Grant Agreement for the City's Traffic Signal Adaptive System CIP Project ST1004 - Resolution No. 2010- 010 and Revise the 2009/2010 CI Budget for Project ST1004 C.0 PUBLIC HEARINGS C.1 GN 2010 -008 Conduct a Public Hearing for the 36th Year Community Development Block Grant Program C.2 GN 2010 -009 Approve 36th Year (2010/2011) Community Development Block Grant Program - Resolution No. 2010 -009 (This item is not a public hearing but related to Item C.1) D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 GN 2010 -010 Amending Siqn Regulations Establishing Requirements for Digital Billboards Along Freeways - Ordinance No. 3086 E.0 PUBLIC WORKS E.1 PW 2010 -006 Approve Interlocal Agreement between the Cities of North Richland Hills Richland Hills, Fort Worth and Haltom City for the Design and Construction of the Big Fossil Creek Wastewater Outfall System Improvements and the temporary Maintenance for the existing Wastewater Outfall System E.2 PW 2010 -007 Abandon Public Right -of -Way within Lot 8 of Block 1 of the Oakvale Addition - Ordinance No. 3087 F.0 GENERAL ITEMS F.1 GN 2010 -011 Calling Mav 8, 2010 Citv Council Election and Authorizing a Joint Election Agreement with Other Tarrant County Political Subdivisions and Contract for Election Services with Tarrant County - Resolution No. 2010 -008 F.2 GN 2010 -012 Approve 2010 Federal Legislative Positions F.3 GN 2010 -013 Approval of the One -Year Renewal Option and Amendment to the Iron Horse Golf Course Management Agreement F.4 GN 2010 -014 License Agreement with Enterprise Texas Gas Services Company for a gas pipeline in Fossil Creek Park and Iron Horse Golf Course F.5 GN 2010 -015 License Agreement with Texas Midstream Gas Services Company for gas pipeline in Fossil Creek Park and Iron Horse Golf Course G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Lombard H.2 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2 -8 -2010 Presented by: Agenda No. A.0 Subject: Call to Order - Mayor Trevino CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2 -8 -2010 Presented by: Agenda No. A.1 Subject: Invocation - Councilman Barth CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2 -8 -2010 Presented by: Agenda No. A.2 Subject: Pledge -Councilman Barth CITY OF t4RH CITY OF NORTH RICHLAND HILLS PROCLAMATION WHEREAS, February 14th through February 20th has been designated as National Engineers Week; and WHEREAS, National Engineers Week, founded in 1951 by the National Society of Professional Engineers, is always celebrated at the time of George Washington's Birthday because he was our first president and an engineer; and WHEREAS, the purpose of National Engineers Week is to increase public awareness and appreciation of the engineering profession; and WHEREAS, the important efforts of engineers help drive our economy, protect our environment, ensure public safety and enhance the nation's quality of life; and WHEREAS, the Engineers of the State of Texas will actively help to maintain and sustain the vital infrastructure of our state and nation; and WHEREAS, Engineers help America remain at the forefront of technological development and contribute to countless breakthroughs that improve the quality of life for people throughout the world. NOW, THEREFORE, I, Oscar Trevino, Mayor of the City of North Richland Hills, Texas do hereby proclaim February 14 - 20, 2010 as: "NATIONAL ENGINEERS WEEK" in the City of North Richland Hills and urge all citizens and civic organizations to acquaint themselves with the wide range of items which involve engineering and to recognize the contributions which engineers make every day to our health, safety, comfort and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 8th day of February 2010. Oscar Trevino, Mayor CITY OF NORTH RICHLAND HILLS Department: Communications Presented by: Haley Whatley Council Meeting Date: 2 -8 -2010 Agenda No. A.4 Subject: Special Presentation(s) and Recognition(s) - Annual Bunny and Bear Drive presented by Haley Whatley Haley Whatley, a young North Richland Hills resident, is coordinating her 10th Annual Bunny & Bear Drive benefiting Cook Children's Medical Center in Fort Worth. Her goal is to give every child at Cook's a bunny or bear during their time in the hospital. This year's drive will kick off on February 21 from 3 p.m. to 5 p.m. with a Celebrity Waiter Dinner at the Red Robin restaurant in Grapevine. Stuffed bunnies and bears will be collected February 22 through March 5 at several locations including North Richland Hills City Hall, the NRH Public Library and the NRH Recreation Center. The bunnies and bears will be delivered to the hospital at 4:15 p.m. on March 5. Haley has asked to make a special presentation to the City Council to raise awareness about this year's Bunny & Bear Drive. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2 -8 -2010 Presented by: Agenda No. A.5 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Removal of Item(s) from Consent Agenda Council Meeting Date: 2 -8 -2010 Agenda No. A.6 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2 -8 -2010 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2 -8 -2010 Presented by: Agenda No. B.1 Subject: Approval of Minutes of January 25, 2010 City Council Meeting Recommendation: To approve the minutes of the January 25, 2010 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — JANUARY 25, 2010 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 25th day of January 2010 at 5A5 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 Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Craig Hulse Economic Development Director Mark Mills Budget Director Greg VanNieuwenhuize Assistant Public Works Director Call to Order Mayor Trevino called the work session to order at 6:18 p.m. A.1 Discuss Items from Regular City Council Meeting Agenda Item EA, PW 2010 -005 - Mayor Trevino advised during the regular meeting he would be questioning the approval of a resolution by Keller's City Council that recommended the award of the Deductive Alternate (concrete batch plant) and that he was concerned with any obligation North Richland Hill might have by opting not to approve the batch plant. Mr. Curtis explained the situation and that Keller only needed to recommend approval of the contractor and the bid amount and that the deduct alternate should not have been included in the resolution. Staffs recommendation is to award without the batch plant, subject to approval by the City of Keller. If Keller does not give their approval, then North Richland Hills will need to revise the contractor's contract to the lower amount and the contractor would then go through the SUP process for approval of the batch plant. A.2 IR 2010 -006 Status Report on Capital Improvement Proiects Mr. Mark Mills, Budget Director, presented a PowerPoint presentation updating Council on the status of the following capital improvement projects: • Charles Street • Rufe Snow Landscape Phase I (Karen to 820) • Signalization (Holiday / Chapman / Meadow) • Amundson Elevated Tank Rehabilitation • Iron Horse Bunkers There were no questions from Council. A.3 IR 2010 -007 Discuss 2010 Federal Leqislative Proqram Ms. Karen Bostic, Assistant City Manager, presented a PowerPoint presentation highlighting the City's proposed 2010 Federal Legislative Positions. Council was advised that as in previous years four guiding principles were used to determine positions on city related issues expected to come forward during this legislative session. Ms. Bostic briefly highlighted the four guiding principles — erosion of local control, predictable and sufficient level of revenue to provide for citizens, opposition to unfunded mandates, and quality of life. The legislative priorities and the City's positions were briefly highlighted and discussed - Transportation, Telecommunications & Information Technology, Community Development Block Grant, Energy Efficiency and Conservation Block Grant, Public Safety and Homeland Security, Public Safety Collective Bargaining and Immigration Reform. Council was advised this item is scheduled to be brought back to Council for approval at the February 8 council meeting. Mayor Trevino suggested including a statement supporting the City's legislators stances on the health care issue; a statement that the City understands the need for health care, but that the citizens should not be burdened with funding the increased costs. Council was advised that a statement would be added to address health care and that any additional suggestions could be forwarded to the City Manager's office for inclusion. A.4 Adjournment Mayor Trevino announced at 6:39 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order January 25, 2010 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 Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson George Staples 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 Assistant City Manager Managing Director Managing Director City Secretary Attorney A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Boy Scout Troop 321 from Smithfield Methodist Church led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) GREEN CAMPUS AWARDS Ms. Doris Tipps, Keep North Richland Hills Beautiful Board Member and Councilman Barth presented the Green Campus awards to the following Schools: Academy at Carrie Francis Thomas, 8200 O'Brian Way; Green Valley Elementary, 7900 Smithfield Road; North Ridge Elementary, 7331 Holiday Lane; North Ridge Middle School, 7332 Douglas Lane; Smithfield Elementary, 6724 Smithfield Road; Smithfield Middle School, 8400 Main Street; Snow Heights Elementary, 4801 Vance Road; Walker Creek Elementary, 8780 Bridge Street. A.4 GN 2010 -005 ACCEPTANCE OF LAND DONATION RESOLUTION NO. 2010 -002 APPROVED Mayor Trevino and Mayor Pro Tern Turnage recognized Stanley Peskind and Lawrence R. Burk and expressed to them the City's gratitude for their donation of 6.5 acres of land at the northeast corner of Boulder and Combs Road in honor and memory of C.A. Sanford. The following resolution was read: RESOLUTION NO. 2010 -002 WHEREAS, the City of North Richland Hills has been presented a deed to 6.5 acres of property donated by Stanley Peskind and Lawrence R. Burk, the partners of a general partnership known as Rufe Snow /Loop 820, in gratitude to and in recognition of former City Manager C. A. Sanford who was instrumental in assisting with the development of adjacent property in the City; and, WHEREAS, the Rufe Snow /Loop 820 Value Center developed by Stanley Peskind and Lawrence R. Burk, which currently includes Home Depot, Hobby Lobby, Burlington Coat Factory, 24 hour Fitness, Applebee's and Don Pablo's, continues to be a diverse and active retail center providing an important shopping destination beneficial to the quality of life in North Richland Hills; and, WHEREAS, the City Council desires to accept this generous and unrestricted gift on behalf of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the City hereby accepts the 6.5 acre parcel property conveyed by Rufe Snow /Loop 820 to the City of North Richland Hills. Section 2: THAT the City Council hereby expresses its gratitude to Stanley Peskind and Lawrence R. Burke for their generous gift. AND IT IS SO RESOLVED. MAYOR PRO TEM TURNAGE MOVED TO APPROVE RESOLUTION NO.. 2010 -002. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. None. None. A.5 CITIZEN PRESENTATION A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JANUARY 11, 2010 CITY COUNCIL MEETING B.2 PU 2010 -002 AUTHORIZE INTER -LOCAL PURCHASING AGREEMENT WITH COLLIN COUNTY B.3 PU 2010 -003 RENEW ANNUAL CONTRACT WITH VMC LANDSCAPING SERVICE FOR THE PARKS MOWING SERVICES COUNCILMAN SAPP MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN :BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0.. C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing No items for this category. E.0 PUBLIC WORKS EA PW 2010 -001 ADOPT ORDER SETTING A PUBLIC HEARING TO DISCUSS AND REVIEW THE UPDATE OF IMPACT FEE LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLANS AND TO DETERMINE WHETHER TO AMEND SUCH ASSUMPTIONS, PLANS AND IMPACT FEES - RESOLUTION NO. 2010 -007 APPROVED Mr. Gregory VanNieuwenhuize, Assistant Public Works Director, presented the item. State law requires cities with impact fees to review them at least once every five years. The City has awarded Freese and Nichols, Inc. with a professional services agreement to update the City's Water/Wastewater Master Plan and to update the Impact Fee Program. One of the requirements before the impact fees can be set is to hold a public hearing. The public notice for the public hearing must be published at least 30 days prior to the public hearing and the City must set the public hearing within 60 days of the date it receives the land use assumptions and capital plans. The draft documents are submitted to Council for review as required by State law. Staff is recommending that the Council set the required public hearing date for March 8, 2010. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION NO. 2010 -007, SETTING THE DATE FOR THE PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON THE LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENT PLANS FOR WATER AND WASTEWATER, AND IMPACT FEE STRUCTURE ON MARCH 8, 2010 AT 7:00 P.M. AND AUTHORIZE NOTICE OF THIS PUBLIC HEARING AT LEAST 30 DAYS PRIOR TO MARCH 8, 2010. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.2 PW 2010 -003 AWARD PROJECT RFB NO. 10 -012 TO STABILE & WINN, INC. IN THE AMOUNT OF $478,632.90 FOR THE CONSTRUCTION OF THE YARMOUTH AVENUE STREET RECONSTRUCTION PROJECT (ST0910) APPROVED Mr. Mike Curtis, Managing Director, presented the item. The Yarmouth Avenue (Mid - Cities Boulevard to Newcastle Place) Street Reconstruction project is part of the 2003 Bond Program. In addition to reconstructing the pavement Staff is recommending replacement of the sanitary sewer main located in the street at the same time because of increased maintenance. Staff is recommending the project be awarded to the low bidder Stabile & Winn, Inc. in the amount of $478,632.90 for the construction of the Yarmouth Avenue Street Reconstruction Project (ST0910) and authorize the City Manager to execute the required agreement. COUNCILMAN LEWIS MOVED TO APPROVE PW 2010 -003. MAYOR PRO TEM TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.3 PW 2010 -004 APPROVE A CITY - DEVELOPER AGREEMENT WITH LIFE CHURCH WHICH PROVIDES FOR IMPACT FEE REIMBURSEMENT FOR THE CONSTRUCTION OF AN 8 -INCH WATER MAIN LOCATED IN THE HOUSE OF GRACE ADDITION APPROVED Mr. Gregory VanNieuwenhuize, Assistant Public Works Director, presented the item. One of the projects in the City's current impact fee program is Project No. 11, a water main project in the northern section of the city in the area of Northfield Drive. The developer, Life Church, (Block 1, Lot 1, House of Grace Addition) has constructed the portion of the public water mains that will serve their development. The developer is requesting that they be reimbursed $9,964.75 in accordance with the City's Impact Fee Ordinance. In order to receive reimbursement a City - Developer Agreement outlining the developer's and City's responsibilities towards the development of Block 1, Lot 1, House of Grace Addition, including potential reimbursement for the construction of a portion of Project No. 11 from the Impact Fee Report must be approved by Council. Staff is recommending approval of the City Developer Agreement with Life Church which provides for impact fee reimbursement for the construction of the 8 -inch water main located in the House of Grace Addition. COUNCILMAN BARTH MOVED TO APPROVE PW 2010 -004. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. EA PW 2010 -005 AWARD BID NO. 10 -009 TO L.H. LACY CONSTRUCTION, LTD. IN THE AMOUNT OF $14,710,500.38 FOR CONSTRUCTION OF THE NORTH TARRANT PARKWAY STREET IMPROVEMENTS PROJECT (ST0201) APPROVED Mr. Mike Curtis, Managing Director, presented the item. The North Tarrant Parkway project is a joint project between the cities of North Richland Hills and Keller and Tarrant County. It includes the reconstruction of the section of North Tarrant Parkway from approximately Davis Boulevard to Whitley Road in Keller. The two cities have an interlocal agreement that indicates the responsibilities of each city - the section totally within the City of Keller city limits is the responsibility of Keller, the section totally within NRH is the responsibility of North Richland Hills and both cities are to share in the cost for the middle section between Smithfield Road and the Keller City limit line. As part of the bid process, there were several alternates. Each city had alternates for their section of the roadway and one alternate to consider using a batch plant was relevant to both cities. During the pre -bid meeting, one of the contractors indicated that there could be a savings in excess of one million dollars if a batch plant was utilized for the project. An addendum was consequently included to provide a deduct alternate bid to allow the batch plant. The bids only reflected a savings of approximately $240,000. After consideration of the impact of a batch plant to the park, the Little Bear Creek Corridor, and the adjacent residents, Staff did not feel the savings justified the negative impacts. North Richland Hills' position was not to include the deduct bid alternate. The interlocal agreement requires the City of Keller to provide written approval as to the low bidder and the contractor. The City of Keller approved a resolution that included in addition to the required approval of the low bid and contractor, the deduct alternate for the batch plant. Staff is recommending the award of the contract to Lacy Construction in the amount of $14,710,500.38, not including the deduct bid alternate and subject to the City of Keller providing written approval of excluding the deduct bid alternate. In response to questions from Council, Mr. Curtis advised that the batch plant was not discussed at Keller's City Council meeting and that the Keller residents have since expressed their opposition and concerns with a batch plant. Keller's Staff is planning to return to their Council for their approval to remove the deduct alternate (batch plant) from the bid amount. COUNCILMAN WELCH MOVED TO AWARD BID 10 -009 TO L.H. LACY CONSTRUCTION, LTD. IN THE AMOUNT OF $14,710,500.38 FOR CONSTRUCTION OF THE NORTH TARRANT PARKWAY PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE REQUIRED AGREEMENT (THIS FIGURE INCLUDES THE TWO BASE BIDS, KELLER'S RECOMMENDED ADDITIVE ALTERNATES AND THE NORTH RICHLAND HILLS' ALTERNATE, BUT DOES NOT INCLUDE THE DEDUCTIVE ALTERNATE (CONCRETE BATCH PLANT). COUNCILMAN WH'ITSON SECONDED THE MOTION. Attorney Staples clarified that the motion was subject to receiving approval from the City of Keller and Staff would not go forward until a letter of approval is received from the City of Keller. Councilman Welch concurred. MOTION TO APPROVE CARRIED 7 -0. F.0 GENERAL ITEMS F.1 GN 2010 -002 ESTABLISHING AND FUNDING A RETIREE HEALTH CARE BENEFITS FUND - RESOLUTION NO. 2010 -003 APPROVED Mr. Larry Koonce, Finance Director, presented the item. Staff discussed with Council on several occasions a plan for funding current and future retiree health care benefits. Cities are required by Governmental Accounting Standards No. 45 to quantify long -term retiree health care costs. The annual amount required for the City to fund the retiree health plan over the next thirty years is $1.8 million. The self- insurance fund budget provides funding from the City and retirees for retiree health care benefits of approximately $900,000 annually leaving a gap of $900,000. The proposed resolution establishes a plan to partially fund the costs. The plan proposed will - 1) Create a retiree health benefits fund in which an initial one -time contribution of $500,000 will be made; funding is currently available in the Self- Insurance Fund. 2) Make annual contributions of $100,000 or 10% of excess insurance fund reserves, whichever is greater to be determined by the Director of Human Resources and Director of Finance. The current retirees and employees will contribute 20 percent and the City will contribute 80 percent in monthly premiums. 3) The City Manager will have the discretion to make annual transfers from the general and utility funds to the retiree health benefit fund as funds are available 4) Establish a Council approved irrevocable trust for the retiree health benefit fund. The establishment of the trust is a separate agenda item. COUNCILMAN LEWIS MOVED TO APPROVE RESOLUTION N0.. 2010 -003. COUNCILMAN' WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 GN 2010 -003 AUTHORIZING PARTICIPATION IN THE PUBLIC AGENCY RETIREMENT SERVICES (PARS) POST RETIREMENT HEALTH CARE FUNDING PLAN, AND AUTHORIZING THE CITY MANAGER TO SIGN ALL RELATED DOCUMENTS ON BEHALF OF THE CITY OF NORTH RICHLAND HILLS - RESOLUTION NO. 2010 -004 APPROVED Mr. Larry Koonce, Director of Finance, presented the item. The item is related to the previous agenda item. The proposed resolution authorizes participation in a retiree health benefits trust for the purposes of administering and investing funds for retiree health care benefits. The resolution adopts the PARS Public Agencies Post Retirement Health Care Plan Trust as part of the City's retirement program and authorizes the City Manager to sign all related documents on behalf of the City. MAYOR PRO TEM TURNAGE MOVED TO APPROVE RESOLUTION NO.. 2010 -004. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 GN 2010 -004 AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE BUXTON GROUP IN AN AMOUNT NOT TO EXCEED $90,000 APPROVED Mr. Craig Hulse, Director of Economic Development presented a proposed agreement with Buxton Group that will promote the City and business development by providing services that will identify, research and verify North Richland Hills trade areas, evaluate the retail potential for each trade area and optimize staff time and resources by only pursuing qualified retailers. The proposal calls for a fiscal year 2009/2010 investment of $70,000 - $90,000, depending on the number of trade areas matched for retailing. Funds will be appropriated from the Reserve for Economic Development, a component of the Parks and Recreation Facilities Development Fund. At the City's option, continued use and data updates would be provided for $1,000 monthly beginning in January 2011. The cost would be proposed in the FY 2010/2011 Economic Development Operating Budget funded through the Parks and Recreation Facilities Development Corporation Fund, Reserve for Economic Development. Section 505.103 of the Texas Local Government Code provides that funds generated from Type B sales tax can be used for both the initial and ongoing investment. COUNCILMAN SAPP MOVED TO APPROVE GN 2010 -004, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE BUXTON GROUP IN AN AMOUNT NOT TO EXCEED $90,000. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 GN 2010 -006 GRANTING APPROVAL TO THE TARRANT COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2010 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY - RESOLUTION NO. 2010 -005 APPROVED Mr. Larry Koonce, Director of Finance, presented the item. The City's financial advisors, First Southwest Corporation, have requested the proposed resolution on behalf of the Tarrant County Housing Finance Corporation. The resolution gives approval to the Tarrant County Housing Finance Corporation for the use of the proceeds of its Series 2010 Single Family Mortgage Revenue bonds to finance home mortgages for single - family homes located with North Richland Hills. A representative from First Southwest Corporation spoke in support of the program and was available to answer questions. COUNCILMAN LOMBARD MOVED TO APPROVE RESOLUTION NO. 2010 -005, GRANTING APPROVAL TO THE TARRANT COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2010 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.5 GN 2010 -007 GRANTING APPROVAL TO THE TARRANT COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2011 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY - RESOLUTION NO. 2010 -006 APPROVED Mr. Larry Koonce, Director of Finance, presented the item. The item is identical to the previous agenda item with the exception that it is for the 2011 program. The proposed resolution approves the use of the Series 2011 Single Family Mortgage Revenue Bonds already approved by the Treasury. COUNCILMAN WHITSON MOVED TO APPROVE RESOLUTION NO. 2010 -006, GRANTING APPROVAL TO THE TARRANT COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 2011 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY. COUNCILMAN LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0.. EXECUTIVE SESSION ITEMS GA ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA There were no items for this category. INFORMATION AND REPORTS HA ANNOUNCEMENTS Councilman Sapp made the following announcements. Volunteers from AARP will be at the North Richland Hills Public Library each Monday from February 1st through April 12th to assist people with their tax returns. Appointments are required. To make an appointment or get more information, please call 817 -427- 6814. The City of North Richland Hills will host its annual Daddy- Daughter Valentine Dance on Saturday, February 6th. The cost is $8 per person. Tickets are on sale at the NRH Recreation Center. For more details, please call 817 - 427 -6600. Kudos Korner — Todd Humble, NRH Public Library. A library patron e- mailed his thanks and appreciation for Todd, who took extra time to show him how to use the library's e- book and e- audiobook services. Todd is a real asset to the library and the city, he said. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:11 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 2 -8 -2010 Presented by: Jimmy Cates Agenda No. B.2 Subject: PW 2010 -008 Authorizing the City Manager to Sign a Grant Agreement for the City's Traffic Signal Adaptive System CIP Project ST1004 - Resolution No. 2010 -010 and Revise the 2009/2010 CIP Budget for Project ST1004 In January, 2010 the City of North Richland Hills received notification from the Texas Comptroller of Public Records (Comptroller) that the City is eligible to receive $362,500 in federal stimulus funds for the City's Traffic Signal Adaptive System CIP Project ST1004. The federal stimulus funds are part of the American Recovery and Reinvestment Act (ARRA) and are being managed as a grant through the State Energy Conservation Office (SECO). Projects that meet the criteria for traffic signal synchronization are eligible for the grant funding. To receive the funds the City must execute the grant agreement with the Comptroller. Attached is a copy of the grant agreement. In October, 2009 staff was notified of the available grant. Staff reviewed the requirements and developed an expanded project of ST1004 and submitted a formal request, as required by the Comptroller, to apply for the grant. Since this project had been previously approved by Council, staff saw an opportunity to expand the project from 7 intersections to 20 intersections. The project submitted for grant funding consists of three (3) major corridors involving 20 signalized intersections. Approval of the grant agreement allows staff to install a Traffic Signal Adaptive System and synchronize 20 signalized intersections on three major corridors as listed below: Rufe Snow Dr Corridor Meadow Lakes Dr N.E. Loop 820 Frontage Rd Tapp Road Dick Lewis Dr Iron Horse Blvd Stardust Dr Mid - Cities Blvd Chapman Rd Hightower Dr Starnes Rd Mid - Cities Blvd Corridor Holiday Ln Smithfield Rd Davis Blvd Winter Park Dr Hawk Ave Home Depot Entrance Holidav Ln Corridor Lola Dr Dick Lewis Dr Trinidad Dr Liberty Way The estimated cost of the project is $532,500. The grant requires the City to provide a local match of $170,000 or 31.9% for the total cost of the project. Council approved $270,000 in the FY 2009/2010 CIP Budget to be used for a Traffic Signal Light Adaptive System along a portion of Rufe Snow Drive. The approved project included seven (7) signalized intersections and provided funds to purchase equipment that will allow traffic signal lights to be synchronized by being responsive to changing vehicle demands in a real -time environment. Staff is recommending that funds from this project be used to meet the City's required local match of $170,000. Staff is also requesting the remaining balance of $100,000 from the project be reserved to cover additional equipment that is required for the project. Recently, staff was informed by a potential vendor who installs signal equipment for adaptive systems that several of the signalized intersections will require updated communication components in the signal controller cabinets to operate correctly. The additional equipment needed is estimated to cost $90,000. If Council is in support of accepting these grant funds and agrees with the execution of the attached agreement, a revision to the FY 2009/2010 CIP Budget will be necessary for project ST1004 to reflect the change in scope and budget. It is believed that there will be sufficient funds available within the 2009/2010 CIP Budget to offset this revision as to not exceed total adopted expenditures. In the event that this is not the case, staff will seek a formal budget amendment at a future date. The grant requires the City to pay all project costs upfront but can apply for reimbursement on a monthly basis. Attached is copy of the budget revision for Council's review. This grant is an opportunity for the City to leverage the original investment of $270,000 and in return get an additional $362,500, for a total project budget of $632,500. The additional funding allows the scope to be expanded to include two additional corridors which consist of 13 additional signalized intersections. The benefits of the project are numerous. As Council is aware, synchronization of traffic signal lights provide benefits to all motorists. Fuel consumption is decreased, air pollution is reduced, and travel delays are decreased along corridors that have traffic signal synchronization. Recommendation: Approve Resolution 2010 -010 Authorizing the City Manager to Sign a Grant Agreement with the Comptroller of Public Accounts and Revise the FY 2009/2010 CIP Budget for Project ST1004. COMPTROLLER OF PUBLIC ACCOUNT'S GRANT AGREEMENT IARRAI FOR TRAFFIC SIGNAL SYNCHRONIZATION OR REPLACEMENT CITY OF NORTH RICHLAND HILLS STATE OF TEXAS COUNTY OF TRAVIS Recitals Whereas, the United States Congress enacted and the President signed the American Recovery and Reinvestment Act of 2009, Public Law 111 -5 (2009) (ARRA) to promote economic recovery, investment and creation of new jobs and opportunities for all Americans including Texans in the form of stimulus grant fiords for projects that meet the requirements of both ARRA and Comptroller's SECO programs, funded through the United States Department of Energy (DOE); and Whereas, the Comptroller of Public Accounts (Comptroller) Stimulus Program (the "Program ") has applied fbr and the Comptroller has been awarded ARRA funds to support the Comptroller's State Energy Program for energy efficiency, renewable energy, energy assurances and other initiatives, which are managed by the State Energy Conservation Office (SECO); and Whereas, Chapters 403, 447, and 2305, 'texas Government Code: 42 U.S.C. §§ 5321, et seq, and the Act, PJ-. 111 -5, (2009), authorize the Comptroller and SECO to consider applications for and award ARRA stimulus funds to local governments, municipalities, and other governmental organizations to fund approved grant -fimded projects and activities; and Whereas, the Comptroller published a Notice of Availability and Request for Applications (RFA) for ARRA grant funding in order to make competitive awards of grants; and Whereas, the City of Forth Richland Hills is eligible to receive an award of ARRA grant funding as a result of the RFA process to be utilized for purposes authorized by ARRA; and Whereas, the Comptroller wishes to award ARRA grant funding to the City of North Richland Bills (Grantee) and the Comptroller and Grantee wish to enter into this Grant Agreement (the "Agreement"): and Whereas, on 2010, the City Council of the City of North Richland Hills adopted a resolution authorizing execution of this Agreement; and Whereas, under this Agreement, Grantee shall fully comply with all terms, conditions, requirements, and other requirements of the Program and this Grant Agreement, including those set forth in the Attachments attached to and incorporated in this Agreerrrent; and Whereas, in consideration of Grantee's compliance with all eligibility and other requirements of the Program and this Agreement, Comptroller agrees to award ARRA funds to Grantee on a cost reimbursement basis in an amount not to exceed $362,500.00; and Whereas, the foregoing grant amount shall be utilized by Grantee solely for the purposes of' the Program and Comptroller's requirements regarding same, in addition to requirements as may be provided by Comptroller throughout the term of thi s Agreement. Now, 'therefore, in consideration of all of the foregoing, the parties hereby agree as follows: 1. Parties This Agreement is made and entered into by the following parties: Comptroller: Comptroller of Public Accounts, LBJ State Office Building 111 E. 17' Street Austin, Texas 78774 Page 1 of 52 City of North Richland Hills Grantee: City of North Richland Hills P.O. Box 820609 North Richland Hills, Texas 76182 -0000 11. Authority This Grant Agreement (Agreement) is entered into pursuant to Chapters 403, 447, and 2305, Texas Government Code; 42 U.S.C. §§6321, el seq, and the American Recovery and Reinvestment Act of 2009, P.L. 111 -5 (2009) (ARRA). Funding of this grant is provided by the Comptroller of Public Accounts via the tinted States Department of Energy (DOE). 111. Services Grantee shall utilize the grant funds solely for the purposes authorized by the Comptroller and the Program and shall maintain full compliance with all terms and conditions described in the Grant Application and all Attachments to this Agreement, which are attached here and incorporated here for all purposes. In addition, Grantee shall fully comply with all special provisions of this Agreement and reporting requirements and with Comptroller directives, throughout the term, of this Agreement. Grantee shall retain full control over the personnel, equipment, supplies, and other items Grantee selects as necessary to comply with the terms of this Grant and as described in Attac' mrent A. This Agreement does not involve proprietary rights or intellectual property issues. Grantee shall submit such records, information, and reports in such form and at such times as may be required by Comptroller; these reports shall include, but are not limited to, the reports specified in Attachment B. IV. Payments Total payments to Grantee under this Agreement shall not exceed THREE HUNDRED SLXTI -TWO 'THOUSAND 1TVE HLNDRED AND NOI700 DOLLARS ($362,500.00). Grantee's payments under this Agreement are limited to reimbursements of actual authorized costs incurred pursuant to the budget provided in Attachment B, attached to and incorporated in this Agreement. No other amounts shall be paid. Each month, Grantee shall submit each request for payment by submitting a detailed invoice, listing expenses by budget categories to the Comptroller. Grantee shall submit invoices that are fully supported by receipts and such other documentation. Comptroller reserves the right, in its sole discretion, to withhold payment of invoices for which Grantee does not submit documentation acceptable to Comptroller. Grantee shall submit monthly invoices for services performed and costs incurred in the prior month. Title to and control over equipment or license of any software so purchased for Grantee's performance under this Agreement shall remain with Grantee so long as it is being used for the purpose for which it was intended under the terms of this Agreement. Comptroller reserves the right in its sole discretion, to authorize revisions to budgeted amounts to provide for flexibility within budget categoties. Comptroller must give prior approval of all such revisions through its execution of a written amendment to this Agreement. V. Inspection, Monitoring and Records Grantee shall permit Comptroller to inspect and shall make available to Comptroller for inspection any and all pertinent records, files, information and other written material pertaining to the operation of programs and expenditure of funds under this Agreement. 'Ibis information includes, but is not limited to, all information maintained by Grantee or any of its agents, employees or other parties. Grantee shall maintain, keep and preserve at its principal office all such records for a period of four (4) years and make the same available to Comptroller, other state or federal agencies for auditing or other purposes authorized by applicable federal or state law or guidelines. Comptroller may also carry out monitoring and evaluation activities to ensure Grantee's compliance with the Program drat is the subject of this Agreement and to make available copies of all financial audits and related management letters of Grantee, if any, as required under any applicable federal or state law or guidelines. Grantee shall also comply with the inspection, monitoring and records requirements described in Attachment B. Page 2 of 52 City of North Richland Mills VI. Termination Comptroller reserves the right, in its sole discretion, to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Grantee. Upon receipt of notice of termination from Comptroller, Grantee shall immediately cease to submit monthly statements or requests for reimbursement and shall cancel, withdraw or otherwise terminate any outstanding orders or commitments under this Agreement as of the effective date of such termination and shall otherwise cease to incur any costs; Comptroller shall have no liability whatsoever for any costs incurred alter such termination date. V11. Indemnification TO THE EXTENT PERMITTED UNDER THE CONST'Irl -UTION AND LAWS OF THE STATE OF TEXAS, GRANTEE SHALL DEFEND, LNDEMNIFY AND HOLD HARMLESS THE COMPTROLLER, ITS OFFICERS, AND EMPLOYEES AND GRANTEES, AND THE STATE OF TEXAS, ITS OFFICERS, AND EMPLOYEES AND GRANTEES, FROM AND AGAINST ALI, CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES AND COURT COSTS, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE, GRANTEE OR. ANY AGENT, EMPLOYEE, SL'BGRANTEE, OR SUPPLIER OF GRANTEE OR GRANTEE IN THE EXECUTION OR PERFORMANCE OF ANY CONTRACT WITH COMPTROLLER OR THE STATE RESULTING FROM THIS AGREEMENT. GRANTEE SHALL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY COMPTROLLER. THIS SECTION IS NOT INTENDED TO AND SHALL, NOT BE CONSTRUED TO REQUIRE GRANTEE. TO INDEMNIFY OR IIOLD HARMLESS THE COMPT'ROLLF,R OR THE STATE FROM ANY CLAIMS OR LIABILITIES RESULJING FROM THE NEGLIGENT ACTS OR OMISSIONS OF CO 113TROLI.,.ER OF ITS EMPLOYEES. VIII. Subcontracting Grantee may subcontract or sub- grant for the purposes of this Agreement as specifically authorized by Comptroller pursuant to the terms and subject to compliance with the flow down provisions of Attachment I of this :Agreement. IX. Amendments This Agreement may only be amended upon the written agreement of the parties by executing an amendment to this Agreement; however, Comptroller may unilaterally amend this Agreement as provided in Paragraph XVIII. Y. Incorporation of Attachments; Incorporation by Reference This Agreement consists of all of the following documents which are attached to and incorporated in this Agreement for all purposes: This Grant Agreement; The Comptroller's IU?A; Official Questions & Answers Attachment A: Deliverables Statement Attachment A -1: Application Attachment B: Project Budget Attachment C: DOE, Required Special Terms & Conditions; Attachment G1: Assurance of Compliance with Nondiscrimination Laws - Grantee; Attachment C -2: Assurance of Compliance with Nondiscrimination Laws- Subcontractor Attachment D: Certification Regarding Debarment, Suspension, Eligibility; Attachment E. Certification Regarding Lobbying, Suspension; Attachment F: Lobbying Activities; Attachment G: National Environmental Policy Act Assurances as Award Terms; Attachment H: Intellectual Property Provisions; Attachment 1: Subcontractor or Sub - grantees; Flow down Provisions; and Attachment J: Affidavit of Compliance Attachment K: Execution ofApplication Attachment L,: Reporting Requirements Page 3 of 52 Citv of North Richland Bills In the event of a conflict, the documents shall control in the following order of precedence: 1. Grant Agreement and its Attachments 2. Comptroller's RF'A and Question and Answer document 3. Agreed Project Work Plan; and 4. The Application All applicable rules, regulations and all other requirements imposed by law, including, but not limited to, those pertinent rules and regulations of Comptroller and the State of Texas, are incorporated into this Agreement by reference as if specifically written herein. XI. I {unding Comptroller's performance of its obligations under this Agreement is contingent upon and subject to availability of and actual receipt by Comptroller of sufficient and adequate funds from the sources contemplated by this Agreement. This Agreement is subject to immediate cancellation or termination, without penalty to Comptroller, subject to the availability and receipt of these funds. In addition, Comptroller's authority and appropriations are subject to the actions of the Texas Legislature. If Comptroller becomes subject to a legislative change, revocation of statutory authority or Lack of funds brat would render the services to be provided under this Agreement impossible or unnecessary, Comptroller may terminate this Agreement without penalty to Comptroller or the State of Texas. In the event of a termination or cancellation under this Paragraph, Comptroller shall not be required to give notice and shall not be liable for damages or losses caused or associated with such termination or cancellation. XII. Term of Agreement The term of this Agreement shall begin on the date executed by all parties and be effective until December 31, 2011. unless terminated earlier in accordance with other provisions of this Agreement. The Comptroller shall have the right, in its sole judgment and discretion, to renew this Agreement for one (1) additional one -year term. The provisions of the following shall survive the termination or expiration of this Agreement: Paragraphs V, Vif, NN, XVI, XVII; Sections 20.2, 20.3, 20.6; and Attachment C. XIII. Force Majeure Except as otherwise provided, neither Grantee nor Comptroller shall be liable to the other for: any delay in, or failure of performance of any requirement contained in this Agreement caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provide the non- performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, terrorist attacks, fires, explosions, earthquakes, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing with proof of receipt within three (3) business days of the existence of such force majeure or otherwise waive this right as a defense. XIV. Assignment Grantee shall not transfer or assign any rights or duties under or any interest in this Agreement. Grantee shall not delegate its responsibilities or duties under the terms of this Agreement. XV. Property Rights For purposes of this Agreement, the term "Work" is defined as all reports, work papers, work products, materials, approaches, designs, specification, systems, documentation, methodologies, concepts, intellectual property or other property developed, produced or generated in connection with the Grantee's Prcject(s) under this Agreement. Grantee acknowledges and agrees that the Work (and all rights therein) belongs to and shall he the sole and exclusive property of Comptroller. Grantee does hereby assign, and transfer to Comptroller, its successors and assigns, the entire right, title and interest in and to the copyright in the Work and any registrations and copyright applications relating thereto and any renewals rm.d extensions thereof, and in and to all works based upon, derived from, and incorporating the Work, and in and to all Page 4 of 52 City of North Richland hills income, royalties, damages, claims, and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past present, or future infringement based on the copyrights, and in and to all tights corresponding to the foregoing. Grantee agrees to execute all papers and to perform such other property rights transfers, as Comptroller may deem necessary to secure for Comptroller or its designee the rights herein assigned. Grantee and Grantee's employees shall have no rights in or ownership of the Work and any and all documentation or other products and results of Grantee's Project(s) or any other property of Comptroller. No later than the first calendar day after the termination or expiration of this Agreement or at Comptroller's request; Grantee shall deliver to Comptroller all completa or partially completed Work- and any and all documentation or other products and results of the Grantees I'roject(s). Failure to timely deliver such Work and any and all documentation or other products and results of results of the Grantee's Project(s) shall be considered a material breach of this Agreement. Grantee shall not make or retain any copies of the Work or any and all documentation or other products and results of the Grantee's Project(g) without the prior written consent of Comptroller, except to the extent necessary in the ordinary course of business. In the event of any conflicting provisions between this Paragraph and Attachment H. Attachment H shall control. XVI. Severability Clause In the event that any provision of this Agreement is later determined to be invalid, void, or unenforceable, then the remaining provisions of this Agreement shall remain in frill force and effect, and shall in no way be affected, impaired, or invalidated. XVII. Dispute Rewhition Process Chapter 2260 of the Texas Government Code ( "Chapter 2260 ") prescribes dispute resolution processes for certain breach of contract claims applicable to certain contracts for goods and settiices. As required by Chapter 2260, Comptroller has adopted rules under Chapter 2260, codified al 34 Texas Administrative Code §§1.360 1.387, and may adopt revisions to these rules throughout the term of this Agreement, including any extensions. Grantee shall comply with such rules. The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further- described herein, by Comptroller and Grantee to attempt to resolve any claim for breach of contract made by Grantee under this Agreement: (A) Grantee's claim for breach of this Agreement that the parties carmot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260. To initiate the process, Grantee shall submit written. notice, as required by Chapter 2260, to the Deputy Comptroller or his or her designee. Said notice shall also be given to all other representatives of Comptroller and Grantee otherwise entitled to notice under this Agreement. Compliance by Grantee with Chapter 2260 is a condition precedent to the filing of a contested case proceeding under Chapter 2260. (B) The contested case process provided in Chapter 2260 is Grantee's sole and exclusive process for seeking a remedy for an alleged breach of contract by Comptroller if the parties are unable to resolve their disputes under subparagraph (A) of this Section. (C) Compliance with the contested case process provided in Chapter 2260 is a condition precedent to seeking consent to sue from the Legislature under Chapter 107, Civ. Prac. and item. Code. Neither the execution of this Agreement by Comptroller nor any other conduct of any representative of Comptroller relating to this Agreement shall be considered a waiver of sovereign immunity to suit. For all other specific breach of contract claims or disputes under this Agreement, the following shall apply: Should a dispute arise out of this Agreement, Comptroller and Grantee shall first attempt to resolve it through direct discussions in a spirit of mutual cooperation. If the parties' attempts to resolve their disagreements through negotiations fail, the dispute will be mediated by a mutually acceptable third party to be chosen by Comptroller and Grantee within fifteen (1 5) days after written notice by one of them demanding mediation under this Section. Grantee and Comptroller shall pay all costs of the mediation equally. By mutual agreement; Comptroller and Grantee may use a non - binding form of dispute resolution other than mediation. The purpose of this Section is to reasonably ensure that Comptroller and Grantee shall in good faith utilize mediation or another non - binding dispute resolution process before pursuing litigation. Comptroller's participation in or the results of any mediation. or another non - binding dispute resolution process under this Section or the provisions of this Section. shall not be construed as a waiver by Comptroller of (1) any lights, privileges, defenses, rerr.edies or immunities Page 5 of 52 City of North Richland Hills available to Comptroller as an Comptroller of the State of Texas or otherwise available to Comptroller; (2) Comptroller's termination rights; or (3) other termination provisions or expiration dates of this Agreement. XVIII. Applicable Law and Conforming Amendments Grantee shall comply with all state and federal laws, regulations,, requirements and guidelines applicable to a Grantee providing services to the State of Texas, as these laws, regulations, requirements and guidelines currently exist and as they are amended throughout the term of this Agreement. Comptroller reserves the right, in its sole discretion, to unilaterally amend this Agreement prior to award and throughout the term of this Agreement to incorporate any modifications necessary for Comptroller's or Grantee's compliance with all applicable state and federal laws, regulations, requirements and guidelines. Other than this provision, this Agreement may only be amended by the written agreement of the patties. XIX. ARRA Reporting Requirements Sub - recipient Reporting. The Grantee /Prime Recipient shall require that the sub - recipient with whom it sub - contracts or sub - grants, submit monthly Use of Funds Reports to the Grantee %Prime Recipient containing the data elements described in Section 1512(c) of the Act. In compliance with this requirement, the Grantee ?Prime Recipient and its sub- grantees and sub - contractors shall provide due reports as set forth in Attachment G attached hereto and incorporated herein These reports shall be due on or before the 251h day of each month, with the first report due to the Grantee/?rime Recipient on or before the 25th day of each month of this Agreement. Failure to submit a Monthly Progress Report may be grounds for termination of the Agreement. Grantee shall submit performance reports as required by Attachment L. attached to and incorporated in this Agreement. Sub- recipient Assurance. Sub- recipients and Sub - Grantees shall require any individual, organization, or other entity with whom it subcontracts, sub- grants, or enters into any other contractual relationship involving the transfer or payment of recovery funds originally received from the Grantee;'Prime Recipient to submit monthly Use of Funds Reports described in Section 1.512(c) of the Act to the Sub- recipient containing the data elements described above. To this end, the Sub - recipient shall be required to sign a written assurance form. This condition shall be met monthly on or before the 25th day or each month. Compliance with this condition is defined as the submission of an accurate and completed report to the Sub- recipient. Data Collection and Access to Records. Sub - recipient and Sub - Grantee agrees to compile and maintain information pertaining to programs or activities developed as a result of the Sub - recipient's award of Federal recovery funds under the American Recovery, and Reinvestment Act of 2009. Such compilations shall include a quarterly Use of Funds Report, to be submitted to the entity which awarded the funds that are the subject of this document or Agreement. XX. Additional Provisions 20.1 Time Limits Time is of the essence in tite performance of this Agreement and accordingly all time limits shall be strictly construed and rigidly enforced. 20.2 No Waiver This Agreement shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Comptroller as an Comptroller of the State of Texas or otherwise available to Comptroller. The failure to enforce or any delay in the enforcement of any privileges, rights, defenses, remedies, or immunities available to Comptroller under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. Comptroller does not waive any privileges, rights, defenses, or immunities available to Comptroller as an Comptroller of the State of Texas, or otherwise available to Comptroller, by entering into this Agreement or by its conduct prior to or subsequent to entering into this Agreement. The modification of any privileges, rights, defenses, remedies; or immunities available to Comptroller must be in writing, must reference this section, and must be signed by Comptroller to be effective, and such modification of any privileges, rights, defenses, remedies, or immunities available to Comptroller shall not constitute waiver of any subsequent privileges, rights, defenses, remedies, or immunities under this Agreement or under applicable law. Rage 6 of 52 City of North Richland Hills 20.3 No Liability upon Termination If this Agreement is terminated for any reason, Comptroller, the Board, the Comptroller, and the State of Texas shall not be liable for any damages, claims, losses, expenses, costs or any other amounts of any kind whatsoever arising from or related to anv such termination. 20.4 Limitation on Authority; No Other Obligations Grantee shall have no authority to act for or on behalf of Comptroller or the State of Texas except as expressly provided for in this Agreement; no other authority, power, use, or joint enterprise is granted or implied. Grantee may not incur any debts, obligations, expenses or li abilities of any kind on behalf of Comptroller. 20.5 No Other Benefits Grantee shall have no exclusive rights or benefits other than those set forth herein. 20.6 Su pporting Documents; Right to Audit; Independent Audits Grantee shall maintain and retain supporting fiscal documents adequate to ensure that claims for contract funds are in accordance with applicable Comptroller and State of Texas requirements. Grantee shall maintain all such documents and other records relating to this Agreement and the State's property for a period of four (4) years after the date of submission of the final invoices or until a resolution of all billing questions, whichever is later. Grantee shall make available at reasonable times and upon reasonable notice, and for reasonable periods, all information related to the State's property, such as work papers, reports, books, data, files, software, records, and other supporting documents pertaining to this Agreement, for purposes of inspecting, monitoring, auditing, or evaluating by Comptroller, the State of Texas or their authorized representatives. Grantee shall cooperate with auditors and other authorized Comptroller and State of Texas representatives and shall provide them with prompt access to all of such State's property as requested by Comptroller or the State of Texas. By example and not as exclusion to other breaches or failm -es, Grantee's failure to comply with this Section shall constitute a material breach of this Agreement and shall authorize Comptroller to immediately assess the liquidated damages for such failure. Comptroller may require, at Grantee's sole cost and expense, independent audits by a qualified certified public accounting firm of Grantee's books and records or the State's property. The independent auditor shall provide Comptroller with a copy of such audit at the same time it is provided to Grantee. Comptroller retains the right to issue a request for applications for the services of an independent certified public accounting firm under this Agreement. In addition to and without limitation on the other audit provisions of this Agreement, pursuant to Section 2262.003, Tex. Gov't Code, the state auditor may conduct an audit or investigation of the Grantee or arty other entity or person receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. The acceptance of funds by the Grantee or any other entity or person directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the Grantee or other entity that is the subject of an audit or investigation by the state auditor must provide the state auditor willr access to any information the state auditor considers relevant to the investigation or audit. This Agreement may be amended unilaterally by the Comptroller to comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.003. Under procedures provided by the state auditor on September 5, 2003, in addition to the above, (1) the Grantee understands that the acceptance of funds under tins Agreement acts as acceptance of the authority of the state auditor to conduct an audit or investigation in connection with those funds; (2) the Grantee further agrees to cooperate fully with the state auditor in the conduct of the audit or investigation, including providing all records requested; (3) the Grantee shall ensure that this paragraph concerning the authority to audit funds received indirectly by subgrantees through the Grantee and the requirement to cooperate is included in any subcontract it awards; and (4) the state auditor shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of the Grantee relating to this Agreement. 20.7 Davis Bacon Act Grantee shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a -7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874), and the Contract Work hours and Safety Standards Act (40 U.S.C. §§ 327 -333), regarding labor standards for federally assisted construction sub - agreements as implemented through 29 CFR 5.5(a)." httn:t;www. dot. gov /esalwlre'contracts /dbra.htm. Page 7 of 52 City of North Richland Hills 20.8 ARRA 1512 Reporting Requirements The Comptroller's office is requiring all agencies that have received a Notification of Award (:VOA) for ARRA funds and have a federal program subject to 1512 Recipient Reporting to perform a pilot project of reporting information pursuant to Section 151.2 of the Recovery Act. 20.9 Buy American Act —ARRA 1606 In certain government procurements, the requirement purchase may be waived if the domestic product is more expensive than an identical foreign - sourced product by a certain percentage, if the product is not available domestically in sufficient quantity or quality, or if doing so is in the public interest. Grantee shall comply with this provision as applicable. http: e% www. acgWsition .govlFAR'current,htmUsubpart' u2025._6.html 20.10 Federal Funding Accountability and Transparency Act (P.h. 109 -282). P.L. 109 -282 requires a reduction in "wasteful and unnecessary spending" by the federal gmenrment, including spending on funds earmarked for special projects. The legislation requires the Office of Management and Budget (OMB) to establish a publicly available, online database containing information about entities that are awarded federal grants, loans, and contracts. Grantee shall comply with this provision as applicable. 20.11 Data Management In compliance with O.MI3 Circular A -123, it is essential for Grantees to apply appropriate internal controls to effectively manage the accuracy, integrity, timeliness, and appropriate privacy of all data submitted to http:,!www,USAsi)ending.2ov. 20.12 ?National Environmental Policy Act Grantee shall comply with the National Environmental Policy Act , 42 U.S.C. § §4321 et. seq. "NTPA" and shall not take any action that will have an adverse environmental impact (e.g., physical disturbance of a site such as breaking of ground) or limit the choice of reasonable alternatives until either a NEPA clearance or final NEPA decision is provided by the National Energy 'Technology Laboratory (NET'L) NEPA compliance Officer. If the ARRA are used for the purchase of equipment for new alternative fuels) refueling stations andi'or purchase of equipment for retrofits of existing refueling stations, Grantee shall provide additional project information and, if requested, shall prepare or provide any assistance necessary to assist DOE in the preparation of any required Environmental Impact Statements rn• other environmental documentation. 20.13 National Historic Preservation Act of 1966 Grantee shall comply with the National Historic Preservation Act of 1966 ( § §16 U.S.C. 470 et seq) and shall not take any action that will affect any district, site, building, structure, or object that is included in the National Register without prior notification to and concurrence of the DOE and the State Historic Preservation Office (SIIPO) which in Texas is the Texas Historical Commission. Grantee shall identify any property listed or eligible for listing on the National Register of Historic Places that will be affected by this award, and comply with or assist with the compliance of § 16 U.S.C. 470f and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.469a -1, ct seq.). Compliance with Section 106 of the NHPA occurs only after Grantee has submitted adequate background documentation to the SIIPO for its review, and the SHPO has provided written concurrence to the Grantee that it does not object to its Section 106 finding or determination. Grantee shall provide a copy of this concurrence to the Contracting Officer. 20.14 Solid Waste Disposal Act Prior to the expenditure of Federal funds to store, process, or dispose of hazardous materials Grantee shall comply with the Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361, and Title 30, Texas administrative Code. Chapter 335 "Industrial. Solid Waste and Municipal Hazardous Waste" administered by the Texas Commission on Environmental Quality. Sanitary or hazardous waste is defined in 40 CFR Part 260 and 30 TAC Chapter 335 to include, but not be limited to, old light bulbs, lead ballasts, piping, roofing material, discarded equipment, debris, asbestos, etc. Grantee shall obtain any required permit and retain all compliance documentation related to the project. 20.15 Report of Fraud, Waste and Abuse: Texas Government Code, Section 321.022 If the administrative heard of a department or entity that is subject to audit by the Texas State Auditor has reasonable cause Page 8 of 52 City of North Richland Hills to believe that money received from the State by the Grantee or by a client or contractor of the Grantee may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the Grantee, the administrative head shall report the reason and basis for the belief to the Texas State Auditor. Jhe Texas State .Auditor may investigate the report or may monitor any investigation conducted by the Grantee. See http: /i'sao.fralld.state.tx.us /. XX1. Signatories The undersigned signatories represent and warrant that they have full authority to enter into this Agreement on behalf of the respective parties. XXH. Merger This Agreement contains the entire agreement between the parties relating to the rights granted and the obligations assumed in it. Any oral representations or modifications concerning this Agreement shall be of no force or effect unless contained in a subsequent writing, signed by both parties. COMPTROLLER OF PUBLIC ACCOUNTS By: — -- Martin A. Ilubert Deputy Comptroller Date: GRANTEE: CITY OF NORTH RICHLAND HILLS By: [Printed Name] [Title] Date: Page 9 of 52 City of North Richland Mills ATTACKMENT A DELIVERABLES STATEMENT Deliverable Requirements for Traffic Signal Synchronization or Replacement: • Grantee shall conduct an audit in accordance with the Institute of Transportation Engineers -report card" to determine needs prior to submitting Application. The "report card" self assessment is a subjective and qualitative tool designed to assist, traffic professionals in assessing their organization's performance in creating and maintaining effective traffic signal operation. See: Itttn:,!www.ite..orp'ret)orteard` for Traffic Signal Audit Guide. • Grantee shall perform an inventory of existing signal equipment (controller equipment, signal heads, detectors, pedestrian signals and pushbuttons) and identiiv, existing equipment and signal elated signing, pavement markings, street lighting for compliance with current standards. • Grantee shall collect relevant field data for analysis purposes including, but not limited to, intersection data (number of lanes and lane use, pedestrian signalizationcrosswalks, available storage lengths and shoulder widths), existing signal parameters (timing, cycle length, phasing, and time -or -day schedules, pre - emption equipment) and posted speed limits (including school speed zones). • Grantee shall identify, develop and oversee replacement of outdated andlor malfunctioning equipment and /or installation of equipment necessary for the implementation of signal systems. Typically, this equipment will include controllers, cabinets, loop detectors, and interconnect cable and microcomputer equipment for intersection monitoring. • Grantee shall develop a maintenance plan to include monitoring of new signal timings for accuracy. • Grantee shall certify that no major changes will be made to the proposed project area during the term of the Grant Agreement that would change the physical layout of the street or disrupt the data collection effort or significantly alter traffic patterns and volumes. • Grantee shall purchase signal light components, materials, and services in accordance with all federal, state, and local laws concerning purchase of goods and services, • Grantee shall prepare and submit a Monthly Progress Report via internet on or by the 25th day, of each month. • Grantee shall prepare and submit the Final Project Report no later than 30 days following the end of the Agreement. Reporting Requirements o ARRA Section 1512, DOE, OMB, and state issued rules and regulations impose an array of reporting requitement on the Comptroller who umst, in turn, rely on its Grantees in order to meet these reporting obligations. 'Ilse Grant Agreement, and in particular Attachment L to the Grant Agreement, specifically identifies the initial and monthly reporting requirements that the Grantee shall provide. Due to the importance of the reporting requirements, a Carantee's failure to meet its reporting obligations under the Grant Agreement may result in termination of the grant award and the Grantee being ineligible for future grants. c, An initial information report shall be submitted that provides key grantee and project information that will likely remain constant through the term of grant including the congressional representatives for Grantee's primary location and primary project locations and key personnel. Additionally, when the Grantee, sub - grantee, or subcontractor has received 80% of its gross revenue or more than $25 million from federal awards in the last year and the grant award or sub -award is over 525,000, then such entity must also provide the names and compensation of the five most highly compensated individuals of the Grantee, sub - grantee, or subcontractor, as applicable. Page 10 of 52 City of North Richland Hills o The required information that must be provided in the Monthly Report is set forth in full in Attachment 1, to the Sample Grant Agreement which is Appendix A to the RFA. It is summarized as follows: I. Grantee Identification, Must include the Grantee name, the contact information for the individual filing the report, grant award number, and grant award date and performance period. 11. Grant Award /Budget Information. This portion must include the grant award amount, the cumulative total amount of funds received at the time of the report, the cumulative total amount of funds disbursed by the Grantee at the time of the report, and show funds budgeted and funds disbursed for each budget item. 111. Project Information. This information must include the Project name, performance location, Project objective and status, a progress evaluation comparing the objectives to the status, and description of Project efforts that may adversely affect obtaining the objectives. Also, a brief description of any products produced or technology transfer activities accomplished that reflect accomplishments of the Project. IV. Job Created /Retained. Grantees must provide a tally of the jobs created or retained as a result of the grant funding a.nd a brief description of the types of jobs and anticipated or likely duration. V. Technical aINfeasures. Reports must include, for the Transportation Efficiency program, the technical measures which are the number of energy - efficient traffic signals installed; and the number of street lane -miles for which synchronized traffic signals were installed. o Grantee shall require that any of its sub- grantees or subcontractors shall provide monthly reports that provide the information necessary for the Grantee to fulfill its reporting obligations. Comptroller reserves the authority to ehangee these requirements as the federal Arovernnaent more fulh, identifies the information that it rnfll require ofthe Comptroller. Page 11 of 52 Cite of North Richland Hills ATTACHMENT A_X APPLICATION The application of the City of North Richland Hills is incorporated by reference into this Attachment A -1 of this Agreement for all purposes. Page 12 of 52 City of North Richland Hills Budget: Equipment Subcontract Total Amount Watch: ATTACHMENT B BUDGET Page 13 of 52 City of North Richland Hills $362,500.00 $0.00[tbd] $0.00[tbd] $362,500.00 $1.70,000.00 ATTACIINIENT C DOE SPECIAL TERMS AND CONDITIONS REQUIRED IN GRANT TO THE COMPTROLLER OF PUBLIC ACCOUNTS AND FLOW DOWN TO ARRA GRANTS AND COOPERATIVE AGREEMENTS RESOLUTION OF CONFLICTING CONDITIONS Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this award must be referred to the DOE Award Administrator for guidance. AWARD AGREEMENT TERMS AND CONDITIONS This award /agreement consists of the Grant and Cooperative :agreement cover page, plus the following: a. Special terns and conditions. b. Attachments: Attachment No. Title I Intellectual Property Provisions 2 Federal Assistance Reporting Checklist 3 Budget Page(s) 4 SEP Narrative Information Worksheets c. Applicable program regulations (speci6) (Date) d. DOE Assistance Regulations, 10 CFR Part 600at htin: /leclt.gpoaccess.gov e. Applicalionrproposal as approved by DOE. f. National Policy Assurances to Be Incorporated as Award Terms in effect on date of award at littp: % %manaeement.energy.Qov; business doe /]374.1ttm. ADVANCED UNDERSTANDING CONCERNING PUBLICLY FINANCED ENERGY IMPROVEMENT PROGRAMS The parties recognize that the Recipient may use funds under this award for Property - Assessed Clean Energy (PACE ") loans, Sustainable Energy Municipal Financing, Clean Energy Assessment Districts, Energy Loan Tax Assessment Programs (EUTAPS), or any other form or derivation of Special "faxing District whereby taxing entities collect payments through increased tax assessments for energy efficiency and renewable energy building improvements made by their constituents. The Department of Energy intends to publish "Best Practices" or other guidelines pertaining to the use of funds made available to the recipient under this award pertaining to the programs identified herein. By accepting this award. the recipient agrees to incorporate, to the maximum extent practicable, those Best Practices and other guidelines into any such program(s) witlun a reasonable time after notification by DOE that the Best Practices or guidelines have been made available. The recipient also agrees, by its acceptance of thus award, to require its sub - recipients to incorporate to the maximum extent practicable the best practices and other guideline into any such ,program used by the sub - recipient." PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM a. Method of Payment. Payment will be made by advances through the Department of Treasury's ASAP system. b. Requesting Advances. Requests for advances must be made through the ASAP system. You may submit requests as frequently as required to meet your needs to disburse funds for the Federal share of project costs. If feasible, you should time each .request so that you receive payment on the same day that you disburse funds for direct project costs and the proportionate share of any allowable indirect costs. If same -day transfers are not feasible, advance payments must be as close as is administratively feasible to actual disbursements. Page 14 of 52 City of North Richland Hills C. Adjusting payment requests for available cash. You must disburse any funds that are available from repayments to and interest earned on a revolving find, program income, rebates, refiurds, contract settlements, audit recoveries, credits, discounts, and interest earned on any of those funds before requesting additional cash payments from DOE. d. Payments. All payments are made by electronic funds transfer to the bank account identified on the ASAP Bank Information Form that you filed with the U.S. Department of Treasure. REBUDGETING AND RECOVERY OF INDIRECT COSTS - REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFITS a. If actual allowable indirect costs are less thwi those budgeted and funded under the award, you may use the difference to pay additional allowable direct costs during the project period. If at the completion of the award the Government's share of total allowable costs (i.e., direct and indirect), is less than the total costs reimbursed, you must refund the difference. b. Recipients are expected to manage their indirect costs. DOE will not amend an award solely to provide additional funds for changes in indirect cost rates. DOE recognizes that the inability to obtain full reimbursement for indirect costs means the recipient must absorb the underrecovery. Such underrecovery may be allocated as part of the organization's required cost sharing. USE OF PROGRAM INCOME -ADDITION If you earn program income during the project period as a result of this award, you may add the program income to the funds committed to the award and use it to further eligible project objectives. STATEMENT OF FEDERAL STEWARDSHIP DOE will exercise normal Federal stewardship in overseeing the project activities performed under this award. Stewardship activities include, but are not limited to, conducting site visits; reviewing performance and financial reports; providing technical assistance an&or temporay intervention in unusual circumstances to correct deficiencies which develop during the project; assuring compliance with terms and conditions; and reviewing technical performance after project completion to ensure that the award objectives have been accomplished. HISTORIC PRESERVATION Prior to the expenditure of Federal fiords to alter any structure or site, the Recipient is required to comply with the requirements of Section 106 of the National Historic Preservation Act (NHPA), consistent with DOE's 2009 letter of delegation of authority regarding the NTIP.A. Section 106 applies to historic properties that are listed in or eligible for listing in the National. Register of Historic Places. In order to fulfill the requirements of Section 106, the recipient must contact the State Historic Preservation Officer (SHPO), and, if applicable, the Tribal Historic Preservation Officer (THP% to coordinate the Section 106 review outlined in 36 CFR Part 800. SHPO contact information is available at the following link: http: t/ www.ncshpo.orgltind;index.lrtm. T'HPO contact information is available at the following link: http:r %w• Nw.nathpo.org %map.btml . Section l I0(k) of the NHPA applies to DOE funded activities, Recipients shall avoid taking any action that results in an adverse effect to historic properties pending compliance with Section 106. Recipients should be aware that the DOE Contracting Officer will consider the recipient in compliance with Section 106 of the NHPA only after the Recipient has submitted adequate backgrormd documentation to the SHPO'THPO for its review, and the SH1'OA1i110 has provided written concurrence to the Recipient that it does not object to its Section 106 finding or determination. Recipient shall provide a copy of this concurrence to the Contracting Officer. Page 15 of 52 Cite of North Richland Hills SITE VISIT$ DOE authorized representatives have the right to make site visits at reasonable times to review project accomplishments and management control systems and to provide technical assistance, if required. You must provide, and must require your subawardees to provide, reasonable access to facilities, office space, resources, and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations must be perfbnned in a manner that does not unduly interfere with or delay the work. REPORTING REQUIREMENTS a. Requirements. The reporting requirements for this award are identified on the Federal Assistance Reporting Checklist, DOE F 4600.2, attached to this award. Failure to comply with these reporting requirements is considered a material noncompliance with the terms of the award. Noncompliance may result in withholding of fixture payments, suspension, or termination of the current award, and withholding of future awards. A willful failure to perform, a history of failure to perform, or unsatisfactory performance of this andor other financial assistance awards, may also result in a debannent action to preclude future awards by Federal agencies. b. Dissemination of scientific /technical reports. Scientificlteclrnical reports submitted under this award will be disseminated on the Internet via the DOE Information Bridge (www.osti.gowbridge), unless the report contains patentable material, protected data, or SBIRJSTTR data. Citations for journal articles produced under the award will appear on the DOE Energy Citations Database (www.osti.gov;energyci(alions). C. Restrictions. Reports submitted to the DOE Information Bridge must not contain any Protected Personal Identifiable information (PII), limited rights data (proprietary data), classified information, information subject to export control classification, or other information not subject to release. PUBLICATIONS a. You are encouraged to publish or otherwise make publicly avail able the results of the work conducted under the award. b. An acknowledgment of Federal support and a disclaimer must appear in the publication of any material, whether copyrighted or not, based on or developed under this project, as follows: Acknowledgment: "This material is based upon work supported by the Department of Energy under Award Number(s) DE- ;_'80000116." Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the i.Tnited States Government or any agency thereof The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof." FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS You must obtain any required pen-nits and comply with applicable federal, state, and municipal laws, codes, and regulations for work performed under this award. Page 16 of 52 City of North Richland Hills INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION a. The intellectual property provisions applicable to this award are provided as an attachment to this award. A list of all intellectual property provisions may be found at http ',lw�vw. ,gc.doe.gov- financial assistance awards.htm. b. Questions regarding intellectual property, matters should be referred to the DOE Award Administrator and the Patent Counsel designated as the service provider for the DOE office that issued the award. The IP Service Providers List is found at hnp:;lwww.gc.doe.gov +' documents ,'Intellectual... Property ._(IP) _Service....Providers_ forAcquisition.pdf. LOBBYING RESTRICTIONS By accepting funds under this award, you agree that none ofthe funds obligated on the award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. 17iis restriction is in addition to those prescribed elsewhere in statute and regulation. NOTICE REGARDING THE PURCHASE OF AMERICAN -MADE EQUIPMENT AND PRODUCTS -- SENSE OF CONGRESS It is the sense of the Congress that, to the greatest extent practicable, all egtupmen.t and products purchased with flinch, made available under this award should be American -made. PRESERVATION OF OPEN COMPETITION AND GOVERNMENT NEUTRALITY TOWARDS CONTRACTORS' LABOR RELATIONS ON FEDERALLY FUNDED CONSTRUCTION PROJECTS a. Unless in conflict with State or local laws, you must ensure that bid specifications, project agreement, or other controlling documents in construction contracts awarded pursuant to this agreement, or pursuant to a subaward to this agreement, do not: 1. Require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or other related construction project(s); or 2. Otherwise discriminate against bidders, offerors, contractors, or subcontractors for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related construction project(s). b. The terxn "construction contract" as used in this provision means any contract for the construction, rehabilitation, alteration. conversion, extension, or repair of buildings, highways, or other improvements to real property. c. Nothing in this provision prohibits bidders, offerors, contractors, or subcontractors from voluntarily entering into agreements with labor organizations. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) You are restricted from taking any action using Federal funds for projects under this award that would have an adverse effect on the environment or limit the choice of reasonable alternatives prior to DOE providing a final NEPA determination regarding these projects. Prohibited project activities include: Distributed RenewableGnergv7echnoloD Program Building Ff ciencn:'Retrofit Program — trans forRenewable enerp�- related projects transportation gificienoy Program - Alternative Fuels activities including the purchase of equipment for new alternative juel(s) refueling stations and or the purchase oj`equipment for retrofits of existing rerrelirag stations. Page 17 of 52 City of North Richland Hills The project activities listed above will require an individual N,,PA review and determination.. You trust submit an environmental questionnaire to the DOE Project Officer for each project activity identified above to allow DOE to conduct an individual NEPA review and determination. If you move forward with activities that are not authori zed for federal funding by the DOE Contracting Officer in advance of the final NFPA determination, you are doing so at risk of not receiving federal funding and such costs may not be recognized as allowable cost share. If DOE determines that NEPA requires the preparation of an environmental assessment (EA) or environmental Impact statement (EIS) for a project you propose, you will be responsible for paying the cost of preparing an EA or U.S. Preparation of these types of NT,-,PA documents can require 6 -24 months. Accordingly you should carefully consider whether such projects are consistent with the objectives of the ARRA and will allow the expenditure of funds within the time periods allowed for by that statute. This restriction does not preclude you from: peryorming information gathering, analysis, documentation, dissemination and training and providing technical advice and planning assistance far the activities listed above. Nor does this restriction preclude you from conducting the following project activities: Energy Education Outreach Pragrain administration Energy Sector Training Centers Transportation Eff�cieracy Program - Traffic Signal activities and alternative Fuels activities including the incremental cost of plug -in hybrid vehicles, alternative fuel vehicles (CIG, LNG,LPG, Electric) and the incremental costs of retrofitting diesel vehicles to alternative fuel vehicles. Building Efficiengv.!Retrofit Program - Loans for commissioning, controls, HE4C, lighting, building shell, and water efficiency project activities DECONTAMINATION AND /OR DECOMMISSIONING (D RDI COSTS Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or have any obligation to the recipient for (i) Decontamination and'or Decommissioning (D&D) of any of the recipient's facili ties, or (ii) any costs which may be incurred by the recipient in connection with the D &D of any of its facilities due to the performance of the work under this Agreement, whether said work was performed prior to or subsequent to the effective date of this Agreement. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 Preamble The American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, (Recovery Act) was enacted to preserve and create jobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long -tern economic benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. Recipients shall use grant funds in a manner that maximizes job creation and economic benefit. the Recipient shall comply with all terms and conditions in the Recovery Act relating generally to governance, accountability, transparency, data collection and resources as specified in Act itself and as discussed below. Recipients should begin planning activities for their first tier subrecipients, including obtaining a DUNS number (or updating the existing .DUNS record), acrd registering with the Central Contractor Registration (CCR). Page 18 of 52 City of North Richland Hills Be advised that Recovery Act fimds can be used in conjunction with other funding as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and related guidance. For projects funded by sources other than the Recovery Act, Contractors must keep separate records for Recovery Act funds and to ensure those records comply with the requirements of the Act. The Government has not fully developed the implementing instructions of the Recovery Act, particularly concerning specific procedural requirements for the new reporting requirements. The Recipient will be provided these details as they become available. The Recipient must comply with all requirements of the Act. If the recipient believes there is any inconsistency between ARRA requirements and current award terms and conditions, the issues will be referred to the Contracting Officer for reconciliation. Definitions For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under the American Recovery and Reinvestment .Act of 2009, Pub. L. 111 -5. Covered Funds will have special accounting codes and will be identified as Recovery Act funds in the grant, cooperative agreement or TIA and`or modification using Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015. Non- Federal employer means any employer with respect to covered funds — the contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor; subcontractor, grantee, or recipient is an employer; and any professional membership organization, certification of other professional body, any agent or licensee of the Federal government, or any person acting directly or indirectly in the interest of an employer receiving covered funds; or with respect to covered funds received by a State or local government; the State or local government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or subcontractor of the State or local government; and does not mean any department, agency, or other entity of the federal government., Recipient means any entity that receives Recovery Act funds directly from the Federal government (including Recovery Act funds received through grant, loan, or contract) other than an individual and includes a State that receives Recovery Act Funds. Soccial Provisions A. Flow Down Requirement Recipients must include these special terms and conditions in any subaward B. Seereeation of Costs Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery act projects. C. Prohibition on Use offunds None of the funds provided under this agreement derived from the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. D. Access to Records With respect to each financial assistance agreement awarded utilizing at least some of the (ands appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, any representative of an Page 19 of 52 City of North Richland Hills appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller Creneral is authorized — (1) to exarnine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to, and involve transactions relation to, the subcontract. subcontract, grant, or subgrant; and (2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions. E. Publication An application may contain technical data and other data, including trade secrets and,, -or privileged or confidential information, which the applicant does not want disclosed to the public or used by the Government for any purpose other than the application. To protect such data, the applicant should specifically identify each page including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the application with the following Notice as well as referring to the Notice on each page to which the Notice applies: Notice of Restriction on Disclosure and Use of Data The data contained in pages - -- of this application have been submitted in confidence and contain trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that if this applicant receives an award as a result of or in connection with the submission of this application, DOE shall have the right to use or disclose the data here to the extent provided in the award. This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source, including the applicant. Information about this agreement will be published on the Internet and linked to the website wwtiv.recovery,gov, maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other information on the website on a case -by -case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a oftitic 5, United States Code. F. Protecting State and Local Government and Contractor Whistleblowers. The requirements of Section 1553 of the Act are sumrtrarized below. They include, but are not limited to: Prohibition on Reprisals: An employee of any non - Federal employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or other person working for the employer who has the authority to investigate, discover or terninate misconduct, a court or grant jury, the head of a Federal agency, or their representatives information that the employee believes is evidence of: • gross management of an agency contract or grant relating to covered funds; • a gross waste of covered funds • a substantial and specific danger to public health or safety related to the implementation or use of covered funds; • an abuse of authority related to the implementation or use of covered funds; or • as violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant; awarded or issued relating to covered funds. Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the non - Federal employer has subiceted the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions: • Order the employer to take affirmative action to abate the reprisal. • Order the employer to reinstate the person to the position that the person held before the reprisal, together with compensation including back pay, compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken. Page 20 of 52 Cite of North Richland Hills • Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of competent jurisdiction. Nonenforccablity of Certain Provisions Waiving Rights and remedies or Requiting Arbitration: Except as provided in a collective bargaining agreement, the tights and remedies provided to aggrieved employees by this section may not be waived by any agreement, policy, form, or condition of employment, including any predispute arbitration agreement. No prediispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of this section. Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, shill post notice of the rights and remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, www.Recovery.gov, for specific requirements of this section and prescribed language for the notices.). G. Reouest for Reimbursement RESERVED H. False Claims Act Recipient and sub- recipients shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, sub - grantee, subcontractor or other person has submitted a false claim under the False Claims Act or haws committed a criminal or civil violation of laws pertaining to fraud, conflict or interest, bribery. gratuity or similar misconduct involving those funds. I. Information in supMrtin¢ of Recovery Act Renortinp Recipient may be required to submit backup documentation for expenditures of funds under the Recovery Act including such items as timecards and invoices. Recipient shall provide copies of backup documentation at the request of the Contracting Officer or designee. J. Availability of Funds Funds appropriated under the Recovery Act and obligated to this award are available for reimbursement of costs until September 30, 2015, K. Additional Fundinp Distribution and Assurance of Appropriate Use of Funds Certification by Governor -- Not later than April 3, 2009, for funds provided to any State or agency thereof by the American Reinvestment and Recover), Act of 2009, Pub. L. 111 -5, the Govemor of the State shall certify that: 1) the state will request and use funds provided by the Act; and 2) the funds will be used to create jobs and promote economic growth. Acceptance by State Legislature -- If fonds provided to any State in any division of the Act are not accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State. Distribution - After adoption of a State legislature's concurrent resolution, funding to the State will be for distribution to local governments, councils of government, public entities, and public- private entities within the State either by formula or at the State's discretion. Page 21 of 52 City of North Richland Hills L. Certifications With respect to funds made available to State or local governments for infrastructure investments under the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, the Governor, mayor, or other chief executive, as appropriate, certified by acceptance of this award that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Recipient shall provide an additional certification that includes a description of the investment, the estimated total cost, and the amount of covered funds to be used for posting on the Internet. A State or local agency may not receive infrastructure investment funding from funds made available by the Act unless this certification is made and posted. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT (a) This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery Act funds provided through this award Information from these reports will be made available to the public. (b) The reports are due no later than ten calendar da }'s after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. (c) Recipients and their first -tier recipients must maintain current registrations in the Central Contractor Registration (htip.— #wni*n-.ecr.gav) at all times during which they have active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (http:,,'4uw.dnb.corn) is one of the requirements for registration in the Central Contractor Registration. (d) The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at http warn.FederalReportilrg.m> and ensure that any information that is pre -filled is corrected or updated as needed. (a) Definitions. As used in this award term and condition Designated country —(I) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), LaMa, Liechtenstein, I.,ithuania, Luxembourg,. Malta, Netherlands, Norway, Poland, Portugal, Romania. Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom; (2) A free Trade Agreement (F "IA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel., Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or (3) A United States- F..uropean Communities Exchange of Letters (May 15, 1995) county: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Ilungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom. Designated country iron, steel and'or manufactured goods —(1) Is wholly the growth, product, or manufacture of a designated country; or Page 22 of 52 City of North Richland Hills (2) In the case of a manufactured good that consist in whole or in part of materials from another country, has been substantially transformed in a designated country into a new and different manufactured good distinct from the materials from which it was transformed. Domestic iron, steel, andlor manujiwturcd goad -- .(I) Is wholly the growth, product, or manufacture of the United States; or (2) In the case of a manufactured good that consists in whole or in part of materials from another country, has been substantially transformed in the United States into a new and different manufactured good distinct from the materials from which it was transformed. There is no requirement with regard to the origin of components or subcomponents in manufactured goods or products, as long as the manufacture of the goods occurs in the United States. Foreign iron, steel, ond'or manufactured goad means iron, steel and /or manufactured good that is not domestic or designated country iron, steel, and/or manufactured good. Manufactured good means a good brought to the construction site for incorporation into the building or work that has been — (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. Public building and public work means a public building of, and a public work of a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi - State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties; breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon.. and may include other elements. (b) Iron, steel, and manufactured gom& (.1) The award term and condition described in this section implements - (i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111 -5) (Recovery•. Act), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States; and (ii) Section 1605(4), which requires application of the BLkv American requirement in a manner consistent with U.S. obligations under international agreements. The restrictions of scction 1605 of the Recovery Act do not apply to designated country iron, steel, andlor manufactured goods. The Buy American requirement in section 1605 shall not be applied where the iron, steel or manufactured goods used in the project are from a Party to an international agreement that obligates the recipient to treat the goods and services of that Party the same as domestic goods and services. This obligation shall only apply to projects with an estimated value of $7,443,000 or more. (2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in performing the work funded in whole or part with this award, except as provided in paragraphs (bX3) and (h)(4) of this section. Page 23 of 52 City of North Richland Hills (3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and manufactured goods listed by the Federal Goverrunent as follows: [Award q cial to list applicable excepted materials or indicate "none" 1 (4) The award official may add other iron, steel, and manufactured goods to the list in paragraph (b)(3) of this section if the Federal Government determines that - (i) The cost of domestic iron, steel, antFor manufactured goods would be unreasonable. The cost of domestic iron, steel, and =or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the overall cost of the prgiect by more than 25 percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or (iii)'Ihe application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. (c) Request fnr determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act. (1)(i) Any recipient request to use foreign iron, steel, and %or manufactured goods in accordance with paragraph (b)(4) of this section shall include adequate information for Federal Government evaluation of the request, including— (A) A description of the foreign and domestic iron, steel, and,'or manufactured goods; (13) Unit of measure; (C) Quantity; (D) Cost; (13) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and /or manufactured goods cited in accordance with paragraph (b)(4) of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance; or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. Page 24 of 52 City of North Richland Hills (2) if the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other appropriate actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods.. AThen the basis for the exception is the unreasonable cost of the domestic iron steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds, as appropriate, by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of die Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than designated country iron, steel, and/or manufactured goods is noncompliant with the applicable Act. (d) Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the applicant shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Items Cost Com parison Description Unit of measure Quantity Cost (dollars)* Item 1: Foreign steel, iron or manufactured good Domestic steel, iron, or manufactured good Item 2: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good [List name, address, telephone number, email address, and contact for suppliers sury yed. Attach copy of response; if oral, attach summary./ [Include other applicable supporting information.) 1 1nelude all delivery etas to the construction site,) WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter I4 of chapter 31 of title 40, United States Code. Pursuant to Reorgani7atimi Plan No. 14 and the Copeland Act, 40 U.S.C,. 3145, the Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis -Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis -Bacon contract clauses set forth in that section. Federal agencies providing grants, cooperative agreements, and loans under the Recovery Act shall ensure that the standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts that are in excess of S2,000 for construction, alteration or repair (including painting and decorating). Page 25 of 52 City of North Richland Hills (b) For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis -Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 1A, RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (a) To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment. Act of 2009 (Pub. L. Ill -5) (Recovery Act) as required by Congress and in accordance with 2 CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements" and O.MB Circular A -1.02 Common Rules provisions, recipients agree to maintain records that identify adequately the source and application of Recovery Act funds, OMB Circular A -102 is available at http: ,' wwiv. w• hitehozcre.goL °omb,,circitlai -s a102:a1Q2.hti?iI (b) For recipients covered by the Single Audit Act Amendments of 1996 and OM.B Circular A - -133, "Audits of States, Local Govermn.ents, and Non -Profit Organizations," recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF SAC) required by 0.11113 Circular A- 131 OMB Circular A 133 is available at http:; rivtivtiv ,whitehrntse.grn %m7i'oirculars a133 /a133.htnzl. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery :pct separately on the SEFA, and as separate rows under- Item 9 of Pat III on the SF -SAC by CFDA number, and inclusion of the prefix "ARRA " in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part Ill on the SF -SAC. (c) Recipients agree to separately identify to each subrecipient, and document at the time of subaward and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act fiends from regular subawards under the existing program. (d) Recipients agree to require their subrecipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. 'This infornation is needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies, Offices oflnspector Creneral and the Government Accountability Office. Page 26 of 52 City of North Richland Hills ATTACIIMEN -r C -1 Contract No. DOE F 1600.5 ONIB Control No. (06 -94) 1910 -0400 All Other Editions Are Obsolete U.S. DEPARTMENT OF ENERGY Assurance of Compliance Nondiscrimination in State Assisted Programs OMB Burden D1,%losure Statement Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regardine this burden mimate or arty other taped of this collection of information. including mi,egestions for redoing this burden, to Office of hnfctnnation Resources Management Policy, Plans, and Oversight, Records Management Division, FIR- 422 -OTDI, Paperwork Reduction Project (1910. 0400), U.S. Department of Energy, 1000 Independence Avenue, S.W., Washington, DC 20555; and to the Office of Management and Budget (OMB), Paperwork Reduction Project tl910.040o), washiri`a(oo. DC 20503. (`itv o`_,\oth ishs-t d Eills (Hereinafter called the "Applicant ") IIF,REBY- AGREF,S to comply with Title %I of the Civil Rights Act of 1964 (Pub. L. 88 -352), Section 16 of the Federal Energy Administration Act of 1974 (Pub. L. 93 -275), Section 401 of the Energy Reorganization Act of 1974 (Pub. L. 93 -438), Title IN of the Education Amendments of 1972, as amended (Puff. L. 92 -318, . Pub. L. 93 -568, and. Pub. L. 94 -482); Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93 -112), the Age Discrimination Act of 1977 (Pub. 1. 94 -135), Title 4TI1 of the Civil Rights Act of 1968 (Pub. L. 90 -284), the Departmment of Energy Organization Act of 1977 (Pub. L. 95 -91), the Energy Conservation and production Act of 1976, as amended, (Pub. L. 94 -3855) and Title 10 Code of Federal Regulations, Part 1(W). In accordance with the above laws and regulations issued pursuant thereto, the Applicant agrees to assure that no person in the United States shall, on the ground of race, color, national ongm, sex, age, or disability, be excluded from participation in, be denied the benefits of, or be other wise subjected to discrimination under any program or activity in which the Applicant receives Federal assistance from the Department of Energy. Applicability and Period of Obligation In the case of any service, financial aid, covered employment. equipment, property, or structure provided. leased, or improved with Federal assistance funding extended to the Applicant by the Department of Energy, this assurance obligates the Applicant for the period during which the Federal assistance is extended. In the case of any transfer of such service, financial aid; equipment, property; or structure, this assurance obligates the transferee for the period during which Federal assistance is extended. If any personal property is so provided, this assurance obligates the Applicant for the period during which it retains ownership or possession of the property. In all other cases. this assurance obligates the Applicant for the period during which the Federal assistance is extended to the Applicant by the Department of Energy. Employment Practices Where a primary objective of the Federal assistance is to provide employment or where the Applicant's employment practices affect the delivery of services in programs or activities resulting from Federal assistance extended by the Department of Energy, the Applicant agrees not to discriminate on the ground of race, color, national origin, sex, and disability, in its employment practices. Such employment practices may include, but are not limited to, recruitment, advertising, hiring. layoff or termination, promotion, demotion, transfer, rates of pay, training mud participation in upward mobility programs. or other forms of compensation and use of facilities. Subrecipient Assurance The Applicant shall require any individual. organization, or other entity with whom it sabcontrects. subgrants,. or subleases for the purpose of providing any service, financial aid, equipment, property, or structure to comply with laws cited above. To this end, the Subrecipient shall be required to sign a written assurance form; however, the obligation of both recipient and subrecipient to ensure compliance is not relieved by the collection or submission of written assurance forms. Data Collection and Access to Records The :'applicant agrees to compile and maintain information pertaining to programs or activities developed is a result of the Applicant's receipt of Federal assistance from the Department of Energy. Such information shall include, but is not limited to the following: (1) the manner in which services are or will be provided and related data necessary for determining whether any persons are or will be denied such services on the basis of prohibited discrimination; (2) the population eligible to be serviced by race, color, national origin, sex, and disability: (3) data regarding covered employment, including use or planned use of bilingual public contact employees serving beneficiaries of the program where necessary to permit effective participation by beneficiaries unable to speak or understand English; (4) the location of existing or proposed facilities connected with the program and related information adequate for determining whether the location has or will have the effect of unnecessarily denying access to any person on the basis of prohibited discrimination; (5) the present or proposed membership by race, color, national origin, sex, and disability, in any planning Page 27 of 52 City of North Richland Hills or advisory body which is an integral part of the program, and (6) any additional written data determined by the Department of Energy to be relevant to the obligation to assure compliance by recipients with laws cited in the fast paragraph of this assurance. The Applicant agrees to submit requested data to the Department of Energy regarding programs and activities developed by the Applicant from the use of Federal funds extended by the Department of Energy. Pacilities of the Applicant (including the physical plants, buildings, or other structures) and all records, books, accounts, and other sources of information pertinent to the Applicant's compliance with the civil rights laws shall be made available for inspection during normal business hours of request of an officer or employee of the Department of Energy specifically authorized to make such inspections. Instructions in this regard will be provided by the Director, Office of Civil Rights, U. S. Department of Energy. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts (excluding procurement contracts), property, discounts or other Fedeal assistance extended after the elate hereto. to the Applicants by the Department of Energy, including installment payments on account after such date of application for Federal assistance which are approved before such date. The Applicant recognizes and agrees that such Federal assistance will be extended in reliance upon the representations and agreements made in this assurance and that the United State shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, and assignees, as well as the person(s) whose signature appears below and who is authorized to sign this assurance on behalf of the Applicant. Applicant Certification The Applicant certifies that it has complied, or that within 90 days of the date of the grant, it will comply with all applicable requirements of 10 CYR. 5 1040.5 (a copy will be furnished to the Applicant upon written request to DOE.) City or North Richland Hills Designated Responsible Employee Name Title (000) (Xx) -(H )0rr ;`lame and Title (Printed or Typed) Telephone Number_ Page 28 of 52 City of North Richland Hills DUE F 1600.5 (06.94) All Other Editions Are Obsolete ATTAC:HNIFFNT C -2 Contract No. IT.S. DEPARTMENT OF F,NF..RGY Assurance of Compliance Nondiscrimination in State Assisted Programs OMB Burden Disclosure Statement OMB Control No. 1910 -0400 Public relairting burden for this cottectiin of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of infomtaton, including suggestions for reducing this burden. to Office of lnfornation Resources Management Policy. Plans, tmd Oversight, Records Management Division, HR- 422 -GTN, Paperwork Ruluction Project (1910- 0400), U.S. Department of Energy. 1000 Independence Avenue, S.W., Washington, DC 20585; and to the Office of Management and Budget (OMB), Paperwork Reduction Projeet (1910- 0400 }, Washington, DC 20503. Company Name (Zlereinafter called the "Applicant ") HEREBY AGREES to comply with Title VI of the Civil Rights Act of 1964 (Pub. L. 58 -352', Section 16 of the Federal Energy Administration Act of 1974 (Pub. L. 93- 275), Section 401 of the Energy Reorganization Act of 1974 (Pub. L. 93 -438), Title [.X of the Education Amendment-, of 1972, as amended (Pub. L. 92 -315, Pub. L. 93 -568, and Pub. L. 94 -482), Section 504 of the Rehabilitation Act of 1973 (Put). L. 93 -112), the Age Discrimination Act of 1.977 (Pub. L. 94 -135); Title VT[I of the Civil Rights Act of 1968 (Pub. L. 90 -284), the Department of Energy Organization Act of 1977 .Pub. L. 95 -91), the Energy Conservation and Production Act of 1976, as amended, (Pub. L. 94- 385) and Title 10 Code of Federal Regulations, hurt 1040. In accordance with the above laws and regulations issued pursuant thereto, the Applicant agrees to assure that no person in the United States shall, on the ground of race, color, national origin, sex, age, or disability. be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under tiny program or activity in which die Applicant receives Federal assistance from the Department of Energy_ Applicability and Period of Obligation In the case of any service, financial aid, covered employment, equipment, property, or structure provided. leased, or improved with Federal assistance funding extended to the Applicant by the Department of Energy, this assurance obligates the Applicant for the period during which the Federal assistance is extended. In the case of any transfer of such service, financial aid, equipment, property, or structure, this assurance obligates the transferee for the period during which Federal assistance is extended If any personal property is so provided, this assurance obligates the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this assurance obligates the Applicant for the period during which the Federal assistance is extended to the Applicant by file Department of Energy. Employment Practices tNlerc a primary objective of the Federal assistance is to provide employment or where the Applicant's employment practices affect the delivery of services in programs or activities resulting from Federal assistance extended by the Department of Energy, the Applicant agrees not to discriminate on the ground of race, color, national origin, sex, and disability, in its employment practices. Such employment practices may include, but are not limited to, recruitment, advertising, hiring, layoff or termination, promotion, demotion, transfer, rates of pay, training and participation in upward mobility programs, or other forms of compensation and use of facilities. Subrecipfent Assurance The Applicant shall require any individual, organization, or other entity with whom it subcontracts, subgrants, or subleases for the purpose of providing any service, financial aid, equipment, property, or structure to comply with laws cited above. To this end, the subrecipient shall be required to sign a written assurance form; however, the obligation of both recipient and subrecipient to ensure compliance is not relieved by the collection or submission of written assurance forms. Data Collection and Access to Records The Applicant agrees to compile and maintain information pertaining to programs or activities developed as a result of the Applicant's receipt of Federal assistance from the Department of Energy. Such information shall include, but is not limited to the following: (1) the manner in which services are or will be provided and related data necessary for determining whether any, persons are or will be denied such services on the basis of prohibited discrimination; (2) the population eligible to be serviced by race, color, national origin, sex. and disability; (3) data regarding covered employment, including use or planned use of bilingual public contact employees serving beneficiaries of the'progranl where necessary to permit effective participation by beneficiaries unable to speak or understand English; (4) the location of existing or proposed facilities connected with the program and related information adequate Page 29 of 52 City of North Richland Hills for determining whether the location has or will have the effect of unnecessarily denying access to any person on the basis of prohibited discrimination; (s) the present or proposed membership by race, color, national origin, sex, and disability, in any planning or advisory body which is an integral part of the program; and (n) any additional written data determined by the Department of Energy to be relevant to the obligation to assure compliance by recipients with laws cited in the first paragraph of this assurance. The Applicant agrees to submit requested data to the Department of Energy regardirg, programs and activities developed by the Applicant from the use of Federal funds extended by the Department of Energy. Facilities of the Applicant (including the physical plants, buildings, or other structures) and all records, books, accounts, and other sources of information pertinent to the Applicant's compliance with the civil rights laws shall be made available for inspection during normal business hours of request of an officer or employee of the Department of Energy specifically authorized to make such inspections, instructions in this regard will be provided by the Director, Office of Civil Rights, U S. Department of Energy. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts (excluding procurement contracts), property, discounts or other Federal assistance extended after the date hereto, to the Applicants by the Department of Energy, including installment payments on account after such date of application for Federal assistance which are approved before such date. The Applicant recognizes and agrees that such Federal assistance will be extended in reliance upon the representations and agreements made in this assurance and that the United State shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant its successors; transferees, and assignees, as well as the persons) whose signature appears below and who is authorized to sign this assurance on behalf of the Applicant. Applicant Certification The Applicant certifies that it has complied, or that, within 90 days of the date of the grant, it will comply with all applicable Contractor Name of Organization 'Telephone Number Address Authorized Official: Name and Title (Printed or Typed) Telephone Number Signature Date Page 30 of 52 Cite of North Richland Hills ATTACHMENT 1) ContractNo. Certification Reggard n2 Debannent, Suspension, Ineligibility, and Voluntary Exclusion -Lower Tier Covered Transactions Instructions for Certification 1. The prospective lower tier participant is required to sign the attached certification. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and`or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this application is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4 The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "prnnary covered transaction," "principle," " application," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this application is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this application ilia[, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended. declared ineligible, ar voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this application that it will include the clause. titled "Certification Regarding Debarment, Suspension, Ineligibility anti Voluntary :Exclusion,Lower Tier Covered Transaction," without modification, in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non- procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under parrgraph 5 of these instructions, if a participant in it covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension anchor debarment. (1) The prospective lower tier participant certifies, by submission of this application, that neither it nor its principals is presently debarred, suspended, proposed for debanment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) VVhere the prospectve lower 'tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this application. City of North Richland Hills Cheanization Nance Name Titic Name and Title of Authorized Representative Signature Date Page 31 of 52 City of North Richland Hills ATTACHMENT E CoiltractNo. CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG: -FREE WORKPLACE REQUIREM NTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form, Signature of this form provides for compliance with certification requirements undo 34 CIR Part 82, "flew Restrictions on Lobbying "and 34 CFR pan 85. "Govcmment -wide Debarment and Suspension (Sonprocurement) and Guvcrnmcnt -wide Requirements for Drug-Free Workplace (Grants)." The ceniflcations shall be treated Lv a material represemation of fact uponwhirtt reliance will be placed when theDeparunent of F..nergy;ietern nes to award the covered transaction, grant, or cooperative agreement. LOBBYING The undemigned certifies, to the best of his or her knowledge and belief, that. (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Lndersigned, to any person for influencing or attempting to influence an officer or employee of any agency; a Rfembei of Congress, an officer or employee of Congress, or an employee of a dember of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal. amendment, or modification of any :Federal contract, grant, loan, or cooperative agreem ent. (2) If any funds other than Federal appropriated . funds have been paid or will he paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a 4fember of Congress in connection with this Federal contract, grant, loan, or cooperative ttgreement, tote undersigned shall complete and submit Standard Form -LLL , 'Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts trader grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S10,OW and not more than $1 10,000 for each such. failure. 2. DEBARNIENT, SUSPENSION, AND OTHER RESPONSIBILITY HATTERS (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment; declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three -year period receding this proposal been convicted of or had it civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public ( FederaL State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enemterated itt paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application'proposal had one or more public transactions (Federal, State or local) terminated for cause or default, (2) 1N'here the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Page 32 of 52 City of North Richland Hills 3. DRUG- FREE R'OREPLACE This certification. is required by the Drug -Free Workplace Act of 1988 (Pub. L. too -690, 'title V, Subtitle D) and is implemented through additions to the Debarment and Suspension regulations, published in the Federal Register on January 31, 1989, and May 25, 1990. ItLTFRNATV I (GRAINTF,F,S OTNL'R THAN INDIY7DUALS) (1) The grantee certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug -free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace, (3) Any available drug counseling, rehabilitation, and employee assistance programs, and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a' ); (d) Notifying the. employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer in writing, of his or her conviction for a violation of criminal drug statute occurring in the work -place not later than five .4LTE XNATE It (GR4,YTF,FS wNO AMF Page 33 of 52 City of North Richland mills calendar days after such conviction; (e) Notifying the agency, in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice. including position title, to energy grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions. within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate actions against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act 9f 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; (g) 7l4aking a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (t). (2) The grantee may insert in the ,pace provided below the ,ite(s) for the performance of work done in connection with the specific grant: Place of Performance: (Street address. city, county, state, zip code) Check if there are workplaces on file that are not identified here. LVDI HDVALS) (1) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substances in conducting any activity with the grant. (2) If convicted of a criminal drug offense resulting from a violation occurring 4. LOBBYING DISCLOSURE ACT OF 1995, SIMPSON -CRAIG AXIEND SENT Applicant organization which are described in section 501 (c)(4) of the Internal Revenue Code of 1986 and engage in lobbying activities after December 31, 1995, shall not be eligible for the receipt of Federal funds constituting an award, grant, or loan. Section 501(c)(4) of the Intemal Revenue Code of 1986 covers: Civic leggues or organizatioizs not organised for pr(fit but operated exclusively for the promotion of social welfare, or local associations of employees, the membership gl'which is limited to the employees of' a designated persons or person in a particular mnnicipah4,, and the net earning of rahich are devoted exclusively to charitable, educationa4 or recreational purposes. As set forth in the Lobbying Disclosure Act of 1995 (Public Law 104 -65, December 19, 1995), as amended [ "Simpson -Craig Amendment," see Section 129 of The Balanced Budget Downpgment :pct, I (Public Law KA-99, January 26, 1996)], lobbying activities is defined broadly. (See section. 3 of the Act.) The undersigned certifies, to the best of his or her knowledge and belief., that: it IS NOT an organization described in section 501 (c)(4) of the Internal Revenue Code of 1986: OR that it IS an organization described in section 501 (c)(4) of the Intemal Revenue Code of 1986, which, after December 31, 1995, HAS NOT engaged in any lobbying activities as defined it the Lobbying Disclosure Act of 1995, as during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the convictiort, to every grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. amended. Page 34 of 52 City of Notlh Richland Hills As the dzdv authorized representative of the Applicant, 1 hereby certify that the Applicant will comply with the above certifications. City of North Richland Hills Name of Applicant Name, Title Printed Name and Title of Authorized Representative Pre /Away d Number andlor Project Name Page 35 of 52 City of North Richland Hills ATTACHMENT F Contract No. DISCLOSURE OF LOBBYING ACTivrrIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 1. Type of Fcderal Action: 2. Status of Federal Action: _ 3. Report Type: a. contract a. bidfoffer /application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post award For Material Change Only: d. loan year quarter _ e. loan guarantee date of last report f, loan insurance Name and Address of Reporting Entit<r: 5. If Reporting Entiq! in No. 4 is Subawardee, Enter ;Tame and Address of Prime: Name Address _ Prime _ Subawardee Tier, if known: 6. Federal Department; Agency: 7. Federal Program Name/Description CFDA Number, if applicable: 8. Federal Action Number, If known: 9. Award Amount, if known: I.O.a. Name and Address of I.,obbying Entity: 10.b. Individual Performing Services (including address (if individual, last name, first name, MI): if different from No. 10A) (last name, first name, (attach Continuation Sheet(s) SF- LLL -A, if ML): necessary) 11. Amount of Payment (check all that al>i)ly): 12..Fonn of Payment (check al l that apply): a. cash S _ actual b. in-kind, nature -- planned value 13. Type of Payment (check all that apply): _ a. retainer _ c. commission _ e. deferred bone- timefee _ d.contingentfee f. other;specift, 14. Brief Description of Services Performed or to be Performed and Dates) of Service, including officer(s), employees), or Member(s) contacted, for Payment indicated in Item 11: 15. Continuation Sheets SF- L,i..L -A attached: Yes No Page 36 of 52 City of North Richland Hills ATTACC- 1EN r G National Entirotmtental Poliev Act Assuntnces as Award Ternts (Version August 2008) • To the extent that a term does not apply to a particular type of activity or award, it is self - deleting. • The term "You refers to Grantees and subcontractors of Grantees. • The terns `We" or 'Us" refers to the Department of Energy, and the Comptroller of public Accounts. To the extent that a term does not apply to a particular type of activity or award, it is self - deleting. 1. Nondiscrimination Policies You must comply with applicable provisions of the following national policies prohibiting discrimination: 1 On the basis of race, color, or national origin, in 'f isle V:I of the Civil Rights Act of 1964 (42 U. S.C. 2000d et seq.), as implementer] by DOE regulations at 10 CFR part 1040; 2 On the basis of sex or blindness, in Title IN of the Education Amendments of 1972 (20 U.S.C. 1691 et seq.), as implemented by DOE regulations at 10 CFR parts 1041 and 1042; 3 On the basis of age, in the Age Discrimination Act of 1975 (421.I.S.C.6101 et seq.), as implemented by Department of Health and Human Services regulations at 45 CFR part 90 and DOE regulations at 10 CFR part 1040; 4 On the basis of disability, in Section 504 of the Rehabilitation Act of 1973 (29 L.S.C.794), as implemented by Department of Justice regulations at 28 CFR part 41 and DOE regulations at 10 CFR part 1041. 5 On the basis of race, color, national origin, religion, disability, familial status, and sex under Title VIII of the Civil Rights Act (42 U.S.C. 3601 et seq.) as implemented by the Department of Mousing and Urban Development at 24 CFR part 100; and 6 On the basis of disability in the Architectural Barriers Act of 1968(42 U.S.C. 4151 et seq.) for the design, construction, and alteration of buildings and facilities financed with.Federal funds. II. Envirorwiental Policies You must: 1 Comply with applicable provisions of the Clean Air Act (4211.S.C;340 I, zt, seq.) and Clean Water Act (33 LL 1.C- 1251, zt, seq. ), as implemented by Executive Order 11738 [3 CFR 1971 -1975 Comp., p. 7991 and Environmental. Protection. Agency rules at. 40 CFR part 32, Subpart J. 2 Immediately identify to us, as the awarding agency, any potential impact that you fine] this award may have on: a. The quality of the human environment, including wetlands, and provide any help we may need to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C. 4321 et. seq.) and assist us to prepare Environmental Impact. Statements or other environmental documentation In such cases, you may take no action that will have an adverse environmental impact (e.g., physical disturbance of a site such as breaking of ground) or limit the choice of reasonable alternatives until we provide written notification of Federal compliance with NIEPA, as implemented by DOE at 1.0 CFR part 1021. b. Flood -prone areas, and provide any help we may need to comply with the National Flood Insurance Act of 1968 and Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et. seq.), which require flood insurance, when available, for Federally assisted construction or acquisition in fl(xxl -prone areas,, as implemented by I.)OE at 10 CFR part 1022. c. Use of land and water resources of coastal zones, and provide any help we may need to comply with the Coastal Zone NSanagement Act of 1972(16 U.S.C. 1451, et. seq.). d. Coastal barriers along the Atlantic and Gulf coasts and Great Lakes shores, and provide help we may need to comply with the Coastal Bathers Resource Act (16 U.S.C. 3501 et. seq.). concerning preservation of barrier resources. Page 37 of 52 City of North Richland Hills e. Any existing or proposed component of the National Wild and Scenic Rivers system, and provide any help we may need to comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq). f Underground sources of drinking water in areas that have an aquifer that is the sole or principal drinking water source, and provide any help we may need to comply with the Safe Drinking Water Act(42 U.S.C. 300h -3). 3 Comply with applicable provisions of the I..ead -Based Paint Poisoning Prevention Act (42 U S.C. 4821 - 48461, as implemented by the Department of Housing and Urban Development at 24 CFR part 35. The requirements concern lead -based paint in housing ownedby the Federal Goverrunent or receiving Federal assistance. 4 Comply with section 600^ of the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6962), and implementing regulation.,; of the Environmental Protection Agency, 40 CFR Part 247, which require the purchase of recycled products by States or political sub chvision of States. 111. Live Organisms 1 Human research subjects. You must protect the rights and welfare of individuals that participate as human subjects in research under this award in accordance with the Common Federal Policy for the Protection of Human Subjects (45 CFR part 46), as implemented by DOE at 10 CFR. part 745. 2 Animals and plants. a. You must comply with applicable provisions of Department of Agriculture rules at 9 CFR parts 1-4 that implement the Laboratory Animal Welfare Act of 1966(7 U.S.C. 2131 -2156) and provide for humane transportation, handling, care, and treatment of animals used in research. experimentation, or testing under this award. b. You must follow the guidelines in the National Academy of Sciences(NAS) Publication "Guide for the Care and Use of Laboratory Animals" (1996, which may be found currently at http)%www_ nap. ednireadingroomlbooksrlahratsl) and comply with the Public Health Service Policy and Goverrunent principles Regarding the Care and use of animals (included as Appendix D to the NAS Guide). c. You must immediately identify to us, as the awarding agency, any potential impact that you find this award may have on endangered species, as defined by the Endangered Species Act of 1973. as amended ("the Act." 16 L.S.C. 1531 - 1543), and implementing regulations of the Departments of the Interior (50 CFR parts 10-24) and Commerce (50 CFR parts 217 -227). You also must provide any help we may need to comply with 16 U.S.C. 1536(a)(2). This is not in lieu of responsibilities you have to comply with provisions of the Act that apply directly to you as a U.S. entity, independent of receiving this award- IV. Other National Policies I. Debarment and suspension. You must comply with requirements regarding debarment and suspension in Subpart C of 2 ('.FR parts 180 and 901. 2. Drug -free workplace. You must comply with drug -free workplace requirements in Subpart f3 of 10 CFR part 607, which implements sec 5151 -5160 of the Dntg -Free Workplace Act of 1988 (Pub. L. 100 -690, Title V, Subtitle D; 41 U.S.C. 701, et seq.). 3. Lobbying. a. You must comply with the restrictions on lobbying in 31 U.S.C. 1352, as implemented by DOE at 10 CFR part 601, and submit all disclosures required by that statute and regulation. b. if you are a nonprofit organization described in section 501(c)(4)of title 26, Litiited States Code (the Internal Revenue Code of 1968).you may not engage in lobbying activities as defined in the Lobbying Disclosure Act of 1995 (2 U.S.C., Chapter 26). If we determine that you have engaged in lobbying activities, we will cease all payments to you under this and other awards and terminate the awards unilaterally for material failure to comply with the award terms and conditions. By submitting an application and accepting fluids under this agreement, you assure that you are not am organization described in section 501(c)(4) that has engaged in any lobbying activities described in the Lobbying Disclosure Act of 1995 (2 U.S.C. 1611). c. You must comply with the prohibition in 18 U.S.C. 1913 on the use of Federal funds, absent express Congressional authonzation, to pay directly or indirectly for any service, advertisement or other written matter, telephone communication, or other device intended to influence at any time a Member of Congress or official of any government concerning any legislation, law, policy, appropriation; or Page 38 of 52 City of North Richland Hills ratification. 4. Officials not to benefit. You must comply with the requirement that no member of Congress shall be admitted to any share or part of this agreement, or to any benefit arising from it, in accordance with 41 U S.C. 22. 5. Hatch Act. If applicable, you must comply with the provisions of die Hatch Act (5U.S,C. 1501 -1508 and 7324 - 7326). as implemented by the Office of Personnel lvfanagement at 5 CFR. part 151, which limits political activity of employees or officers of State or local governments whose employment is connected to an activity financed in whole or part with Federal funds. 6. native American graves protection and repatriation. If you control or possess Native American remains and associated funerary objects, you must comply with the requirements of 43 CFR part 10, the Department of the Interior implementation of the Native American Graves Protection and Repatriation Act of 19%) (25 U.S.C., chapter: 2). 7. Fly America Act. You must comply with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118), commonly referred to as the "Fly America Act," and implementing regulations at 41 CFR 301 - 10.131 through 301- 10.143. The law and regulations require air transport of people or property to, from, between or within a country other than the United States, the cost of which is supported under this award, to be performed by or under a cost - sharing arrangement with a 1`. S. flag carrier, if service is available. 8. Use of United States -flag vessels. a. Pursuant to Pub. 1,. 664 (43 U.S.C. 1241(b)), at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds under this award, and which may be transported by ocean vessel, must be transported on privately owned United States -flag commercial vessels, if available. b. Within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill -of- lading in F.,nglish for each shipment of cargo described in paragraph 9.a of this section shall be fumished to both our award administrator (through you in the case of your contractor's bill -of- lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. 9. Research misconduct. You must comply with the government -wide policy on research misconduct issued by the Office of Science and Technology Policy (available in the Federal .Register at 05 FR 76260, December 6,2000; or on the Internet at www.ostp.gov), as implemented by DOE at 10 CFR part 933 and 10 CPR 600.31. 10. Requirements for an Institution of Higher Education Concerning Military recruiters and Reserve Officers Training Corps (ROTC). a. As a condition for receiving funds under an award by the National Nuclear Security administration of the Department of Energy, you agree that you are not an institution of higher education that has a policy or practice placing any of the restrictions specified in 10 U.S.C. 953. as implemented by 32 CFRpart 216, on: i. Maintenance, establishment, or operation of Senior ROTC units, or student participation in those units; or ii. Military recruiters' access to campuses, students on campuses, or information about students. b. If you are detennined, using the procedures in 32 CFR part 216, to be such an institution of higher education during the period of performance of this award, we: i. Will cease all payments to you of funds under this award and all other awards subject to the requirements in 32 CFR part 216; and ii.Ivlay suspend or terminate those awards unilaterally for material failure to comply with the award terms arid conditions. 11. Historic preservation. You must identify to us any: a. Any property listed or eligible for listing on the National Register of Historic Places that will be affected by this award, and provide any help we may need, with respect to this award, to comply with Section 106 of the National Historic Preservation Act of 1966 (16 Page 39 of 52 City of North Richland Hills U.S.0 470, as implemented by the Advisory (A)uncil on Historic Preservation regulations at 36 CFR part 800 and Executive Order 11593, `Identification and Protection of:Historic Properties," [3 ( "FR, 1971 -12375 Comp., p, 539]. b. Potential under this award for irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data. and provide any help we may need, with respect to this award, to comply with the Archaeological and Historic Preservation Act of 1974 ( 16 U. S.C.469a -1, et seq.). 12. Relocation and real prop", acquisition. You must comply with applicable provisions of 49 (FR part 24, which implements the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(42 U.S.C. 4601, et seq.) and provides for fair and equitable treatment of persons displaced by federally assisted programs or persons whose property is acquired as a result of such programs. 13. Confidentiality of patient records. You must keep confidential any records that you maintain of the identity, diagnosis; prognosis, or treatment of any patient in connection with any program or activity relating to substance abuse education, prevention, training, treatment, or rehabilitation that is assisted directly or indirectly under this award, in accordance with 42 U.S.C. 290dd -2. 14. Constitution Day. You must comply with Public Law 108 -447, Div. J. Title 1, Sec. 111136 U.S.C. 106 notel, which requires each educational institution receiving Federal funds in aFederal fiscal year to hold an educational program on the United States Constitution on September I Jh during that year for the students served by the educational institution IS. Trafficking in Persons a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient your employees, subrecipients under this award, and subrecipients' employees may not- i, Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity- i. Is detenmined to have violated a prohibition in paragraph a. 1 of this award term; Or ii.Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.l of this award term through conduct that is either-- - A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "0N -1.13 Guidelines to Agencies on Governmenhvide Debarment and Suspension (Nonprocurement)." as implemented by our agency at 2 CFR part 901. b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity - 1. 1s determined to have violated an applicable prohibition in paragraph a. I of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a. I of this award term through conduct that is either - i. Associated with performance tinder this award; or i i. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "0N,M Guidelines to Agencies on Govemmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 901. c. Provisions applicable to any recipient. Page 40 of 52 Cite of North Richland Hills I.You must inform us immediately of any information you receive from am' source alleging a violation of a prohibition in paragraph a.1 of this award term. 2.0ur right to terminate unilaterally that is described in paragraph a.2 orb. of this section: i. Implements section 106(g) of the "trafficking Victims Protection Act of 2000 (TWA), as amended (22 U.S.C. 7104(8)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a 1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term'. 1. "Employee" means either: i. An individual employed by you or a subrocipient who is engaged in the performance of the project or program under this award, or ii. Another person engaged in the performance of the project or program tinder this award and not compensated by you including, but not limited to. a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: die recruitment, harboring, transportation. provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity" i. Means any entity other than a State, local govermneriL Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(6), B. A for- profit organization. 4. "`Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TWA, as amended (22 U.S.C. 7102). V. National Policy Requirements for Subawards. Recipient responsibility. You must include in any subaward you make tinder this award the requirements of the national policy requirements in Sections I through TV of this document that apply, based on the type of subawardee organization and situation. As the duly authorizedrepresentative of the Subrecipient, I hereby ccrtity that Subrecipient will comply with the above requirements. SCBRECIPIE;Nf: City of North Richland Hills in Date: [Printed Name and Titlel As the duly authorized representative of the Subcontractor, I hereby certify that Subcontractor will comply with the above requirements. SUBCONTRACTOR: By: Date: [Printed Name and Title] Page 41 of 52 City of North Richland Hills ATTACHMENT H Contract No. Intellectual Property Provisions AUTHORIZATION AND CONSENT (41 CFR 9- 9.102 -1) The Government hereby gives its authorization acid consent (without prejudice to any rights of indemnification) for all use and m.Twfacture, in the performance of this grant or any part hereof or any amendment hereto ar any subcontract hereunder (including all lower -tier subcontracts hereunder), of any invention described in and covered by a patent of the united States. (a) embodied in the structure or composition of any article, the delivery , of which is accepted by the Government under this grant, or (b) utilized in the machinery,. tools, or methods, the use of which necessarily result.-, from compliance by the Grantee or the using subcontractor with (i) specifications or written provisions now or hereafter forming a part of this grant, or (ii) specific written instructions given by the Contracting Officer directing the manner of performance. The entire liability to the Government for infringement of a patent of the United States shall be determined solely by the provisions of the indemnity clauses, if any, included in this grant or any subcontract hereunder (including all lower -tier subcontracts hereunder). and the Gov emment assumes liability for all other infringement to the extent of the authorintion and consent herein above granted. PATENT INDFAINITY (41 CFR 9- 9.103 -1) If the auuttmt of this contract is in excess of $10,000 the contractor shall indemnify the Government and its oft ,icers, agents, and employees against liability, including costs, for infringement of any United States letters patent. (except U.S. letters patent issued upon an application which is now or may hereafter be kept secretor otherwise withheld from issue by order of the Government) arising out of the manufacture or delivery of supplies or out of construction, alteration, modification, or repair of real property (hereinafter referred to as "construction work ") under this contract, or out of the use or disposal by or for the account of the Goverunent of such supplies or construction work. The foregoing indemnity shall not apply unless the contractor shall have been informed as soon as practicable by the Government of the. suit or action alleging such infringement, and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in the defense thereof, and further, such indemnity shall not apply to: (a) an infringement resulting from compliance with specific written instructions of the Contracting Officer directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner of performance of the contract not normally used by the contractor, (b) an infringement resulting from addition to or change in, such supplies or components furnished or constntction work performed which addition or change was made subsequent to delivery or performance by the contractor; or (c) a claimed infringement which is settled without the consent of the contractor, unless required. by final decree of a court of competent jurisdiction. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (41 CFR 9- 9.104(b)) The provisions of this clause shall be applicable only if the amount of this grant exceads $10,1100. (a) The Grantee shall report to the Contracting Officer, promptly and in reasonable written detail, each notice of claim of patent or copyright infringement based on the performance, of this grant of which the Grantee has knrnvlcdge. (b) In the event of any claim or suit against the Government on account of any alleged patent or copyright infringement arising out of the performance of this grant or out of the use of any supplies furnished or work or services performed hereunder, the Grantee shall furnish to the Government, when requested by the (Axitracting Officer: all evidence and information in possession of the Grantee pertaining to such suitor claim. Such evidence and information shall be furnished at the expense ofthe Government except where the Grantee has agreed to indemnify the Government. (c) This clause shall be included in all contracts and subgrants under this grant. REPORTING OF ROYALTIES (41 CFR 9. 9.110) Page 42 of 52 City of North Richland Hills If this grant is in an amount which exceeds $I0,0W and if any royalty payments are directly involved in the grant or are reflected in the grant price to the Government, the Grantee tWet% to report in writing to the Patent (: Dunne] (with notification by Patent Counsel to the Contracting Officer) during the performance of this grant and prior to its completion of final settlement the amount of any royalties or other payments paid or to be paid by it directly to others in comtection with the performance of this grant together with the names and addresses of licensers to whom such payments are made and either the patent numbers involved or such other information as will permit the identification of the, patents or other basis on which the royalties are to be paid. The approval of DOE of any individual payments or royalties shall not stop the Government at any time from contesting the enforcenhility, validity or scope of, or title to; any patent under which a royalty or payment,, are made. RIGIPTS EN TECHNICAL DATA (SHORT FORM) (a) Definitions. The definitions of terms set forth in DEAR 92-7.4o I apply to the extent these terns are used herein (b) Allocation of Rights. (1) The Government shall have: (i) TTnlimited rights in technical data first produced or specifically used in the performance of this grant; (ii) The right of the Contracting Officer or his representatives to inspect, at all reasonable times up to three years after final payment under this grant, all technical data first produced or specifically used in the grant (for which inspection the Grantee or its contractor or Nubgramee shall afford proper facilities to DOE); and (iii) The right to have any technical data first produced or specifically used in the performance of this grant delivered to the Government as the Contracting Officer may from tint -to -time direct during the progress of the work, or in any event as the Contracting Officer shall direct upon completion or termination of this grant. (2) The Grantee shall have The right to use for its private purposes, subject to patent, security or other provisions of this grant, technical data it fist produces in the performance of this grant provided. the date requirements of this grant have been met as of the date of the private use of such data. The Grantee agrees that to the extent it receives or is given access to proprietary data or other technical, business or financial data in the form of recorded information from DOE or a DOE contractor or subcontractor, the Grantee shall treat such data in accordance with any restrictive legend contained thereon, unless use is specially authori zed by prior written approval of the Contracting Officer. (c) Copyrighted Material. (1) The Grantee agrees to, and does hereby grant to the Government, and to others acting on its behalf: (i) A royalty -fiee, nonexclusive, irrevocable, worldwide license for Governmental purposes to reproduce, distribute, display, and perform all copyrighted material first produced or composed in the performance of this grant by the Grantee, its employees or any individual or concern specifically employed or assigned to originate and prepare such material and to prepare derivative works based thereon; and (ii) A license as aforesaid under any and all copyrighted or copyrighted work not first produced or composed by the Grantee in the performance of this grant but which is incorporated in the material furnished under the grant, provided that such license shall be only to the extent the Grantee now has, or prior to completion or close -attt of the grant, may acquire the right to grant such license without becoming liable to pay compensation to others solely because of such grant. (2) The Grantee agrees that it will not knowingly include any material copyrighted by others in any written or copyrighted material furnished or delivered under this grant without a license as provided for in subparagraph (c) (1) (ii.) of this section; or without the consent of the copyright owner; unless it obtains specific written approval of the Contracting Officer for the inclusion of such copyrighted material. RIGIITS TO PROPOSAL DATA (TECINICAL) (48 CFR 52.227 -23) It is agreed that as a condition of award of this grant or modification and notwithstanding the conditions of any notice appearing on the Page 43 of 52 Cite of North Richland Hills proposal(s), the Government shall have the right to use; duplicate. and disclose and have others to do so for any purpose whatsoever. the technical data conwa wd in the proposal(s) upon which the grant or modification is based. Citv of North Richland Hills Organization Name Name and Title of Authorized Representative Signature Page 44 of 52 City of North Richland Hills Date A TT ACILMEN'T I Conti -act No. SUBCONTRACTING PROVISIONS; MANDATORY FLOWDOWN PROVISION Grantee, if subcontracting any of its performance hereunder, shall legally bind subgrantees to perform and make such subgrantees subject to all the duties, requirements, and obligations of Grantee under this Agreement. Grantee shall be jointly and severally liable for all performances under this :agreement, including, but not limited to, the performance of its subgrantees to the extent permitted under the Constitution and laws of the State of Texas, as well as full compliance with all reporting requirements set forth in Section k'IX of the Agreement. Grantee represents and warrants that it has obtained all necessary permits, licenses, easements, waivers and permissions of whatsoever kind required for its performance and the performance of its subgrantees under this Agreement. In no event shall any provision of this Paragraph, including, but not limited to, the requirement that Grantee obtain the prior approval of Agency on Grantee's proposed subcontracts, be construed as relieving Grantee of the responsibility for ensuring that all services rendered tinder any subcontracts comply with all the terms and provisions of this Agreement as if they were rendered by Grantee. Grantee shall, upon request, furnish Agency with copies of all proposed subcontracts and all proposed amendments, assignments, cancellations or terminations of said subcontracts no later than thirty (30) clays prior to the proposed effective date of such contracts, amendments, assignments, cancellations or terminations; provided, however, that this thirty (30) day period may be shortened by written agreement of the parties. Upon request from the Comptroller, Grantee shall provide any and all documentation deemed necessary by the Comptroller to evidence Subcontractors compliance with all terms, conditions and performance pertaining to the Agreement and all applicable law. As the duly authorized representative of the Grantee and the Subgrantec/Subrecipient, I hereby certify that Grantee and Subgrantee'Subrecipient will comply with the above requirements. GRANTEE: Citv of North Richland Hills SUBGR ANTEEISUBRECIPIENT: By:, .._,_ ...,... ...._._. _. , �,..,,,,,_ ..... ......... [Printed Name] ...._......__� _�,. [Title] Date: Page 45 of 52 Cite of North Richland Hills ATTACHMENT J AMERICAN RECOWAY & RFINVESTM.ENT ACT— RECTPIENT AFFIDAN IT This Affidavit must be signed and sworn (notarized) and returned with aU Apn(ica6ons for this RFA an authorized representative of: __.. a [person, sole proprietorship, partnership, corporation, lunited liability company, nonprofit organization, governmental entity, political subdivision, or other entity] (circle one) that is receiving American Recovery and Reinvestment Act of 2009 (.ARRA or the Act) funding, hereby swear and affirm that, to the best of my knowledge, internal controls, processes and procedures have been designed and implemented to help ensure that the recipient and its use of these funds complies with the following: applicable state law; federal law, including federal reporting requirements under Section 1512 of the Act, if applicable, rules; regulations; and other relevant guidance. I further swear and affirm that all of the statements made and information provided herein, including statements made and information provided in any attachments are true, complete, and correct, to the best of my knowledge. I understand that I am receiving AURA funding from a [state agency. institution of higher education. governmental entity, political subdivision, or other entity] (circle one). I understand that non- compliance with reporting requirements could be treated as a violation of the award agreement resulting in the withholding of funds, debarment, or award termination or suspension, as appropriate. I understand that it is a federal crime under 18 U.S.C. Section 1001 to, in any matter within the jurisdiction of the executive branch of the U.S. Govermnent, knowingly and willfully make any materially false, fictitious, or fraudulent statement or representation, or to make or use any false writing or document knowing that it contains the same. I understand that presenting a false or fraudulent claim, in whole or in part or causing same, may subject me to civil penalties as provided for in 31 iJ.S C. Section 3729. I understand that it is a felony offense under Section 37. 10, Texas Penal Code, to knowingly make a false entry in, or false alteration of., a governmental record, or to make. present, or use a governmental record with knowledge of its falsity, when the actor has the intent to harm or defraud another. I understand that the offense of perjury, under Section 37.02, Texas Penal Code, is committed when a person, with intent to deceive and with knowledge of the statement's meaning, makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath. I understand my obligation to track all ARRA funds and that ARRA funds cannot be comingled with Non -ARRA .funds. 1 also understand my obligation to immediately report any known or suspected waste, fraud, and abuse of funds received under the Act to the United States Government Accountability Office at (800) 424 -5454 and the Texas State Auditor's Office at (800) 892 -8348. I further understand that I will require all sub - recipients with whom I contract using funds made available under the Act to sign a similar affidavit swearing to all of the above. I hereby swear and affirm that I have read the entire affidavit, and I understand its contents. Citv of North Richland Hills Recipient Name Affiant Signature Full Name Title Date Swan and subscribed before me by the said (Printed Name of Recipient's Authorized Representative) this _ day of ,'0_ Nohiry Public, State of Texas Notar7spriename: . (Seal) _ .- ___ n ,,,,,,,,,,,,, .__.. Page 46 of 52 City of North Richland Hills ATTACIL1aIENT K Contiact \'o. Execution of application 1. By signature hereon; applicant represents and warrants that the provisions in this Execution of Application apply to Applicant and all of Applicant's principals, officers, directors. shareholder, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this I2F'A or any contract resulting from it. 2. By signature hereon, Applicant represents and warrants its intent to furnish the requested items at the prices quoted in its Proposal. 3. By signature hereon, Applicant represents and warrants that it has read and understood and shall comply with Comptroller's Anti - Fraud Policy, located on Comptroller's website at http :%kvww.window.state.tx.us.'ssv ethics.html, as such Policy currently reads and as it is amended throughout the torte of any resulting contract. 4. By signature hereon, represents and warrants that its prices include all costs of Applicant in providing the requested items that meet all specifications of this RFA, and that its prices will remain firm for acceptance for a minimum of ninety (90) days from deadline for submission of Proposal. 5. By signature hereon, Applicant represents and warrants that each employee, including `replacement employees', will possess the qualifications, education, training, experience and certifications necessary to perform the services in the mariner required by this RFA. 6. By signature hereon, Applicant represents and warrants that it has no actual or potential conflicts of interest in providing the requested items to Comptroller under the RFA and any resulting contract, if any, and that Applicant's provision of the requested items under the RFA and any resulting contract, if any, would not reasonably create an appearance of impropriety. 7, By signature hereon, pursuant to Section 2155,(K)4(a), Texas Government Code, Applicant represents and warrants that it has not given nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the submitted Proposal. 8. By signature hereon, :applicant represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the :hate of Texas under Chapter 171, Texas Tax Code, Tn addition, if Applicant is an individual not residing in Texas or a business entity not incorporated in or whose principal domicile is not in Texas, the following certification applies. .applicant represents and warrants that it holds a permit issued by Comptroller to collect or remit all state and local sales and use taxes that become due and owing as a result of the individual's or entity's business in'rexas or represents and warrants that it does not sell tangible personal property or services that are subject to the state and local sales and use tax. Under Section 2155.UA(a), Texas Government Code, a skate agency may not accept a bid or award a contract that includes proposed financial participation by a person. who received compensation from the agency to participate in preparing the specifications or request for proposals on which the bid or contract is based. Further, Applicant certifies that the individual or business entity named in this Proposal or any contract resulting from this RFA is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate. See Texas Government Code Section 2155.004(b)_ 9. By signature hereon, Applicant hereby represents and warrants that, pursuant to 15 U.S.C. Sec. 1, et seq. and Tex. Bus. & Comm. Code Sec. 15.01, et seq., neither Applicant nor the firm, corporation, partnership, or institution represented by Applicant, or anyone acting for such a firm, corporation or institution has violated the antitrust laws of this state, federal antitrust laws, nor communicated directly or indirectly the Proposal made to any competitor or any other person engaged in such line of business. 10. By signature hereon, Applicant represents and warrants that all statements and information prepared and submitted in response to this RFA are current, complete and accurate. l 1. By signature hereon, Applicant represents and warrants that the individual signing this document and the doctmients made part of this RFA and Proposal is authorized to sign such documents on behalf of the company and to bind the company under any contract which may result from the submission of this Proposal. 12. By signature hereon, Applicant represents and warrants that if a Texas address is shown as the address of the Applicant, Applicant qualifies as a Texas Bidder as defined by 34 Texas Administrative Code §20,32(68). 13. Check below if preference claimed under 34 Texas Administrative Code §20.38: • Goods produced or offered by a Texas bidder timat is owned by a 'Texas resident service - disabled veteran • Goods produced in Texas or offered by a Texas bidder that is not owned by a "Texas resident service- disabled veteran • Agricultural products grown in Texas • Agricultural products offered by a Texas bidder Page 47 of 52 City of North Richland Hills • Services offered by a Texas bidder that is owned by a Texas resident service- disabled veteran • Services offered by a Texas bidder that is not owned by a Texas resident service disabled veteran • Texas Vegetation Native to the Region • 17SA produced supplies, materials or equipment • Products of persons with mental or physical disabilities • Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel • Energy Efficient Products • Rubberized asphalt paving material • Recycled motor oil and lubricants Products produced at facilities located on fornierly contaminated property • Products and services from economically depressed or blighted areas • Vendors that meet or exceed air quality standards • Recycled or Reused Computer Equipment of Other Manufacturers • Foods of 1ligher Nutritional Value 14. By signature hereon, under Section 231.006, Texas Family Code, regarding child support, Applicant certifies that the individual or business named in the Proposal is not ineligible to receive the specified payment and acknowledges that the contract may be terminated and payment may be withheld if this certification is inaccurate. Furthermore, any Applicant subject to Section 231.066, Texas Family Code, must include names and Social Security numbers of each person with at least 25% ownership of the business entity sulnnitting the Proposal. This information must be provided prior to aw =ard. Enter the Name and Social Security Number for each person below: Name: SSN; Name: SSN: Nance: SSN: FF.DF:RRAI, PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy Act Disclosure of your Social Security Number (SSN) is required wider Section 231,006(c) and Section 231.302(c)(2), Texas Family Code. The SSN will be used to identify persons that may owe child support. The SSN will be kept confidential to the fullest extent allowed under Section 231.302(e); Texas Family Code. 15. By signature hereon. Applicant represents and warrants that no relationship, whether by relative, business associate, capital funding contract or by any other such kinship exist between Applicant and an employee of any Comptroller component, and Applicant has not been an employee of any Comptroller component within the immediate twelve (12) months prior to Applicant's Proposal. By signature hereon, Applicant certifies that it is in compliance with Section 669.003, Texas Government Code, relating to contracting with executive head of a state agency. All such disclosures will be subject to administrative review and approval prior to Comptroller entering into any contract with Applicant. Applicant acknowledges that any contract resulting from this R_F'u may be terminated at any time, mid payments withheld, if this infomtation is false. 16. By signature hereon, pursuant to Section 2155.004, Texas Government Code Applicant represents and warrants that neither it nor any person or entity which will participate financially in any contract resulting from this RFA has received compensation for participation in the preparation of specifications for this RFA. 17. By signature hereon, Applicant represents and warrants that all articles and services quoted in response to this RIBA meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and health Law and its regulations in effect or proposed as of the date of this solicitation. I S. By signature hereon, Applicant represents and warrants its compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action. 19. By signature hereon, Applicant represents and warrants its compliance with the requirements of the Americans With Disabilities Act (ADA). Applicant further represents and warrants that it will comply with all applicable Texas Accessibility requirements. 20. By signature hereon, in accordance with Section 2155.4441, Texas Government Code, Applicant agrees that during the Page 48 of 52 Cite of North Richland Hills performance of a contract for services it shall purchase products and materials produced in Texas when they are available. at a price and time comparable to products and materials produced outside this state. 21. By signature hereon, Applicant represents and warrants that Comptroller's payments to Applicant and Applicant's receipt of appropriated or other funds under my contract resulting from this RFA are not prohibited by Section 556.005 or Section. 556.008. Texas Government Code. 22. By signature hereon. Applicant represents and warrants that the offering entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and that Applicant is in compliance with the State of Texas statutes and rules relating to procurement and that Applicant is not listed on the federal governments terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at httb:i,%wwwepls.gov. 23. tinder Section 2155.006(b), Texas Government Code, a state agency may not accept a bid or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five -year period preceding the date of the bid or award, has been: (1) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (2) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, hurricane Katrina, or any other disaster occutring after September 24, 2005. Under Section 2155.006. Texas Government Code, Applicant certifies that the individual or business entity named in the Proposal is not ineligible to receive the specified contract and acknowledges that any contract resulting from this RFA may be terininated and payment withheld if this certification is inaccurate. 24. By signature hereon and by checking or initialing either Subsection (a) a Subsection (b), as applicable. Applicant represents and warrants the following: (a) _Applicant represents arid warrants that it is not aware of and has received no notice of any court or governmental agency actions, proceedings or investigations, etc., pending or threatened against Applicant or any of the individuals or entities included in Section 1 of this document that would or could impair Applicant's performance under any contract resulting from this RFA, relate to the solicited or similar goods or services, or otherwise be relevant to the agency's consideration of Applicant's Proposal. Applicant represents and warrants that it is not aware of any such court or governmental agency actions, proceedings or investigations, etc. against Applicant or any of these individuals or entities within the five (5) calendar years immediately preceding the submission of Applicant's Proposal in response to this RFA. In addition, Applicant represents and warrants that it shall notify Comptroller in writing within five (5) business days of any changes to the representations or warranties in this Subsection (a) and understands that failure to so timely update Comptroller shall constitute breach of contract and may result in immediate. tenmination of the contract. (b) Applicant is unable to make the representation and warranty in Subsection (a) above and instead represents and warrants that it has included as a detailed attachment in its Proposal, which expressly references this Subsection (b), a complete disclosure of any such court or governmental agency actions, proceedings or investigations, etc., and specifically addresses whether any of such past, pending or threatened actions, proceedings or investigations; etc, would or could (1) impair Applicant's performance under any contract resulting from this .RFA; (2) relate to the solicited or similar goods or services; or (3) be otherwise relevant to the agency's consideration of Applicant's Proposal. In addition, Applicant represents and warrants that it shall notify Comptroller in writing within five (5) business days of any changes to the representations or warranties in this Subsection (b) or attachments in response to Subsection (b) and understands that failure to so timely update Comptroller shall constitute breach of contract and may result in immediate termination of the contract Applicant understands that a Proposal returned without the appropriate checked or initialed representation and warranty and the detailed attachment required in Subsection (b), when applicable, may be automatically disqualified. 25. By signature hereon, Applicant represents and warrants that it has read and agrees to all terns and conditions of this RFA, unless Applicant specifically takes an exception arid offers an alternative provision in Applicant's Proposal as provided in Ex}ubit C. Section 2 of this RFA. Page 49 of 52 Cite of North Richland Hills Authorized signatory on behalf of Applicant must complete and sign the following- Authorized Signature Date Signed Printed Name and Title of Phone Number Authorized Signature City of North Richland Hills Company Name Fax Number Federal Employer Identification Number F- ]Mail Address Physical Street Address City, State, Zip Code )flailing Address, if different City, State, Zip Code Page 50 of 52 City of North Richland Hills ATTACHMENT L 1. Subrecipient shall submit to the Comptroller the following reports: A. INITIAL INFORMATIOM1' REPORT. The Subrecipient shall submit the following information upon the execution of the Grant Agreement and return this report when the executed Grant Agreement is submitted to the Agency: 1. Subrecipient Identification: a. Subrecipient name: Provide the following information for the Subrecipient; (i) the official name of the Subrecipient as it appears on the Grant Agreement and DUNS 4; (ii) the street address, city, and county of the official place of business; (iii) City, County, and U.S. Postal Zip Code - four digits, (iv) the url designation or address of any official web site for the Subrecipient; (v) U.S. Congressional District; (vi) the state senatorial district (vii) the state house district; (viii) a copy of the minutes or resolution by which the Subrecipient approved the Grant agreement and designated an authorized representative for the Subrecipient, (ix) the grant(award number assigned to the Subrecipient by the Agency; (x) the date the Grant Agreement was signed (mm /dd,yyyy); and (xi) the performance period established in the Grant Agreement during which sponsorship begins and ends. b. Authorized Representative: Provide the following information for the person designated by the Subrecipient to represent the Subrecipient in the performance of the Grant Agreement: (i) the name of the authorized representative and official title, if any; (ii) the street address, city, and county of the primary business location; (iii) City, County, and U.S. Postal Zip Code+ four digits; (iv) area code and telephone number; and (v) email address. e. Key Personnel: Provide the following information for each employee or agent designated by the Subrecipient or the Authorized Representative that may assist or serve as a representative for the Subrecipient in the performance of the Grant Agreement: (f) the name of the key personnel and official title, if any; (ii) primary role served for the Subrecipient with respect to the Grant, (iii) the street address, city, and county of the prmary business location; (iv) City, County, and U.S. Postal Zip Code .p four digits. (v) area code and telephone number, and (vi) email address. J. Five most hi Yh y compensated individuals: The information required in this subsection is ONLY required when the reporting entity (A) received 80 percent or more of its annual gross revenues in Federal awards the recipient in its preceding; fiscal year, and (I3) received S 25,000,000 or more in annual gross revenues from Federal awards; and (C) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 ("15 U.S.C. "$m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 [26 USC §6104. If this subsection is applicable, the report shall include: (i) the names and total compensation for the five most highly compensated officers of the entity; (ii) "'Total compensation" means the cash and noncash dollar value earned by the executive during the subrecipienfs past fiscal year of the following: Salary and bonus; Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with FAS 123R; Earnings for services under non - equity incentive plans. Does not include group life, . health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees; Change in pension value. This is the change in present value of defined benefit and actuarial pension plans; Above- market earnings on deferred compensation which are not tax - qualified. Other compensation, for example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $ I0s") II, Project Identification: a. Proiect Name: Provide the brief descriptive title of the project or activity as identified in the Grant Agreement. b. Prim%y Performance Location: Provide physical location of primary place of performance by (i) street address, Page 51 of 52 Cite of North Richland Hills (it) City, County, and U S, Postal Zip Code * four digits (w) U1 S. Cangre%ional District; (iv) the state senatorial district; and (v) the state house district; c. Project Objective: A description of the overall purpose and expected outputs and outcomes or results of the Grant Agreement, including significant deliverables and, if appropriate, units of measure. B MONTHLY REPORT. On the last day of each calendar month, the Subrecipient shall submit an electronic perfonnance report found at }tttos :.!/fmx.cl)a.state.tx,t s %finx index.ahp (click on SEGO Stimulus Reporting Tool), In order to access the reporting tool the Subrecipient must first receive a User lD from the SECO Stimulus Grant Manager. The web relxxti.ng tool will capture project status and Deportment of Energy and ARRA performance metrics, including jobs created and jobs retained. :all reporting must be completed through the web reporting system. In rare situations that the web reporting tool is not available or the Subrecipient is unable to access the system, a faxed, scanned or entailed report will be acceptable upon notification and approval, C. FINAL REPORT. 1. No later than 30 days following the grant ending date, the Subrecipient shall submit an electronic Final Report via the web reporting tool at. https:f;fmx.cpa.state tx.us'fmxdndex.php (click on SLCO Stimulus Reporting Tool) through the last day of the grant performance period. All reporting must be completed through the web reporting system to rare situations that the web reporting tool is not :.available or the subrecipient is unable to access the system, a faxed, scanned or entailed report will be acceptable upon notification and approval. 2. Subrecipient is required to collect and report required project information from any of its vendors or subcontractors that are remitted any funds provided under this agreement. 3_ Failure to comply with the requirement-, of this attachment may result in termination of the grant award and the Subrecipient being ineligible for future grants. 4. The form and substance of these reporting requirements may be amended by the Comptroller at any time. As the duly authorized representative of the Suhrecipient, I hereby certify that Subrecipient will comply with the above requirements. SUBRECIPIF,NT: City of North Richland Hilts By: [Printed Name and 'Title] Date: Page 52 of 52 City of North Richland Hills Street and Sidewalk Capital Projects Traffic Signal Light Adaptive System ST1004 PROJECT DESCRIPTION &JUSTIFICATION This project will consist of installing a Traffic Signal Light Adaptive System at 20 intersection along Rufe Snow Drive, Iv'kd- Cities Boulevard and Holiday Lane corridors, This system will control the traffic signal lights by being responsive to changing vehicle demands in a real time environment. The system requires equipment such as cameras for vehicle detection, signal controllers and special radio controlled receivers and transmitters. A central computer along with specialized software is also required. Traffic signal timing plans are an excellent way to move traffic along a corridor. The major disadvantage of these signal timing plans is that they cannot adjust or react to real time traffic flows. For example, signal timing plans along a corridor usually all have the same cycle length at each intersection, This is done to maintain progression along the comdor, but if the traffic demand increases or decreases, the same signal timing plans continue to operate the same. The Adaptive System does not require any signal liming plan updates. It Is always responsive to vehicle demand, and cycle lengths along the corridor do not need to be the same at each intersection. The Adaptive System is intelligent enough to learn the traffic flows along a signalized corridor, The Reserves fund is from the General CIP project savings. PROJECT STATUS Original 2009110 Original 2009110 Start Date Revision End Date Revision Engineering /Design 0412010 09/2010 Construction 102009 09/2010 Other REVISION EXPLANATION The City of North Richland Hills' Public Works Department has recently been awarded $362,500.00 in ARRA stimulus grant funding. These additional funds will allow the City to expand the project from seven (7) intersections to twenty (20) intersections. The Public Works Department respectfully requests a budget revision for the additional 5362,500.00 to be made available this fiscal year. Because this is a reimbursement grant agreement, funds must be readily available in advance to cover up front costs. The City will be reimbursed on a monthly basis not to exceed $361,500.00. the amount of the grant. FINANCIAL DATA 20=0M 2009/2010 Total Funding Source Amount to 2009120104 Revised Remaining Project Date Adopted R#4WO I Budget Balance Cost Prior Funding Allocations: 270,000 SD s0 $270,000 0 Proposed Funding Allocations: ARRA Traffic Signal Synchronization or 0 0 X62,500' 362,500 0 362,500 Replacement Grant Total $0 $0 $362500' $362,500 1 s0 $632,500 Project Expenditures Engineenng 510,000 �;$.9t1,0W'. $20,000 s0 $20,000 Construction 260,000 525tl 612,500 0 612,500 Other 0 0 0'; 0 0 0 Total $0 $270.000 - 'x3132500'.: $632500 $0 $632.500 IMPACT ON OPERATING BUDGET No operating impact is anticipated. Anrwal Operating Impact 201012011 20112012 20122013 20130014 2014/2015 Total Pr -eded $0 $0 50 50 $0 $0 NRH RESOLUTION NO. 2010 -010 WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for and accept funds administered by the Texas Comptroller of Public Accounts; and, WHEREAS, The City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills to accept funds to improve traffic conditions and air quality for the City, its residents and businesses; and, WHEREAS, The City Manager is authorized to sign the grant agreement with the Texas Comptroller of Public Accounts and to accept, reject, or terminate such grant on behalf of the City of North Richland Hills, and WHEREAS, The City Manager is authorized to allocate funds made in advance of anticipation of reimbursement from the Texas Comptroller of Public Accounts. NOW THEREFORE BE IT RESOLVED, that the City Council of North Richland Hills approves execution of the grant agreement with the Texas Comptroller of Public Accounts in the amount not to exceed $362,500.00. PASSED AND APPROVED this the 8th day of February, 2010. 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: Mike Curtis, P.E., Managing Director CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2 -8 -2010 Presented by: Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Elizabeth Reining Council Meeting Date: 2 -8 -2010 Agenda No. C.1 Subject: GN 2010 -008 Conduct a Public Hearing for the 36th Year Community Development Block Grant Program In 1996, the United States Department of Housing and Urban Development (HUD) designated the City of North Richland Hills as a metropolitan city to receive direct entitlement of Community Development Block Grant (CDBG) funds. On June 24, 1996 the City Council accepted the direct entitlement designation and entered into an agreement with Tarrant County for the administration of the City's CDBG program. As a result of the direct entitlement designation, the City is awarded an annual grant on a formula basis to help provide a wide range of community development activities. CDBG funds are used in the revitalization of neighborhoods, economic development, and to provide public facilities and services for low to moderate income persons. Eligible CDBG projects include construction or rehabilitation of homes, basic infrastructure development such as water /sewer facilities, streets, and other programs that target designated areas or persons. The programs /projects selected by the City must fall in the geographic target area identified by the most recent census (2000 Census) as being an area with low to moderate income persons. Each program year, the City must prepare and submit a CDBG program outlining the use of these funds in accordance with HUD guidelines. Staff has prepared a program for the 36th CDBG program year that proposes to use the 36th Year CDBG funds as follows: $214,995 for the design and reconstruction of a portion of the 3900 and 4000 blocks of Honey Lane (approximately 400 feet starting 400 feet north of Harmonson Road and going north). This portion of the street is being proposed as the City's 36th Year CDBG Project because it has one of the lowest street ratings in the CDBG target area. This is the second year of Honey Lane reconstruction. The Honey Lane reconstruction project covers several years as did the Charles Street reconstruction due to funding constraints. The remaining northernmost 400 feet of Honey Lane will come to City Council next year as the 37th Year CDBG Project. $45,000 to be allocated and used for the rehabilitation of residential homes located within the target area identified by the most recent census as being low to moderate income. As Tarrant County CDBG staff is completely responsible for administering this home rehabilitation effort, the location and number of housing rehabilitation projects will be determined by Tarrant County at a later time. It is anticipated that roughly two to three homes will be affected depending on the scope and scale of needed improvements. These projects assume the City will receive a small spending bump over the funding amount for the 35th CDBG year. HUD requires that a public hearing be held so that the City can receive comments and input from citizens regarding the proposed 36th year (2010/2011) CDBG program project. Recommendation: To conduct the public hearing and receive public comments regarding the 36th Year CDBG program. CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Elizabeth Reining Council Meeting Date: 2 -8 -2010 Agenda No. C.2 Subject: GN 2010 -009 Approve 36th Year (2010/2011) Community Development Block Grant Program - Resolution No. 2010 -009 (This item is not a public hearing but related to Item C.1) Following the public hearing it is necessary for City Council to take action regarding the project(s) to include in the 36th Year Community Development Block Grant (CDBG) program. Tarrant County and the City of North Richland Hills have entered into a joint administrative agreement whereby Tarrant County is given the authority to administer the program. As such, a 20% administration fee will be paid to Tarrant County for this purpose (approximately $52,000). The proposed projects are as follows: $214,995 for the design and reconstruction of a portion of the 3900 and 4000 blocks of Honey Lane (approximately 400 feet starting 400 feet north of Harmonson Road and going north). $45,000 for the rehabilitation of residential homes located within the target area designated by the latest census as being low to moderate income. This amount of funding will aid in the rehabilitation of roughly two to three homes depending on the scope and scale of needed improvements. This rehabilitation effort is administered entirely by Tarrant County CDBG staff. Recommendation: Approve Resolution No. 2010 -009. NRH RESOLUTION NO. 2010 -009 WHEREAS, the City of North Richland Hills will receive direct entitlement of Community Development Block Grant (CDBG) funds for the 36th (2010/2011) CDBG program year; and WHEREAS, the schedule below represents the City's requested program for the 36th (2010/2011) CDBG program year; and Project Estimated Cost Reconstruction of Honey Lane $214,995.19 From 400 Feet North of Harmonson Road North Approximately 400 Feet Housing Rehabilitation Projects $ 45,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the schedule above represents the City's CDBG program for the 36th funding year, 2010/2011. PASSED AND APPROVED this the 8th day of February, 2010. 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 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2 -8 -2010 Presented by: Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 2 -8 -2010 Presented by: David Pendley Agenda No. D.1 Subject: GN 2010 -010 Amending Sign Regulations Establishing Requirements for Digital Billboards Along Freeways - Ordinance No. 3086 The Planning & Community Development Department is seeking the City Council's approval to amend the sign regulations that would provide a method for replacing existing billboards located along Loop 820 and Highway 121 with digital billboards. The amendment will allow existing billboards to be "upgraded" with new digital technology and provide drivers with a fresh, modern look as they pass through our city. The amendment will also provide additional advertising opportunities for the City and local businesses. The proposed changes will only allow the upgrade of existing off premise billboard signs, the changes will not allow new billboard signs to be constructed. The amendment will allow companies to update and modernize their aging structures by replacing their signs with digital technology provided they upgrade their support structures with decorative, aesthetically pleasing, finish materials. Proposed Requirements: • City Council approval through the Sign Review Board. • Only existing billboards located along Loop 820 or Highway 121 can be converted to digital - New billboards (conventional or digital) would still be prohibited. • Messages must be displayed for at least eight seconds (State Requirement). • Transitions between messages must be immediate and occur simultaneously across the entire message (State Requirement). • Consecutive messages must change within two seconds or less (State Requirement). • No animation, full motion video, flashing lights, scrolling messages, moving light, etc. allowed (State Requirement). • Display may not be installed at angles to the freeway where the same face can be viewed from more than one direction of traffic (State Requirement). • Billboards may not project into an easement and must be setback 5 feet from the right -of -way (State Requirement). • A minimum of 1,500 feet must be provided between digital billboards (State Requirement). • Require automatic brightness adjustment according to ambient light conditions (State Requirement). • Require direct coordination with the Emergency Management Director regarding AMBER Alerts, Homeland Security, etc. (State Requirement). • Require an automatic static message default when malfunctions occur (State Requirement). • Prohibit displays resembling warning signs or traffic signs (State Requirement). Require name and contact person information for reporting malfunctions, glaring light and other complaints. Contact person must be able to respond within 12 hours. Main support structure must have an approved masonry-type finish. Use of synthetic stucco, or external insulation finishing system (EIFS), would be prohibited except for small amounts used for trim purposes. Require initial and annual permits. Proposed Limitations: Digital billboards would also be subject to the following restrictions: • May not exceed 672 square feet (SF) in area (standard is 14' X 48') (State Requirement) • May not exceed 42.5 feet in height above adjacent road grade and must have 20 feet of clearance (State Requirement) • May not be located within 1,000 feet of a freeway interchange (State Requirement) • Must be served with underground electrical (no overhead wires) • May not be located within 200 feet of existing free standing signs or wall signs • May not be located within 300 feet of residential zoning It should be noted that the proposed ordinance contains a provision restricting the size of digital billboards to the size of their original replacement unless the owners agree to remove excess area from other billboards they own in non - freeway areas of the city. For example, a company wanting to replace a 400 SF conventional billboard with a 672 SF digital billboard, would have to remove a minimum of 272 SF of billboard face from other billboards located in North Richland Hills. Proposed Fees In addition to the Sign Review Board case, the following permit fees are suggested (similar to the City of Arlington): Digital Billboard Conversion $1,500 Digital Billboard (Annual fee) $200 In Summary: Staff has reviewed the ordinances of several cities located in the Dallas -Fort Worth area and believes this ordinance is consistent with neighboring cities and will provide an avenue to improve the city's ten (10) eligible billboards along Loop 820 and Highway 121. Changes to the Table of Allowable Signs within the proposed ordinance revision are indicated in red. Staff has also had numerous input and discussions with Clear Channel in bringing this amendment forward. Recommendation: Approve Ordinance No. 3086. Eligible Billboard Locations ER ,■ ital Billboard NRH ORDINANCE NO. 3086 AN ORDINANCE AMENDING SECTIONS 106 -2, 106- 3(12)c, 106-9,106-12 AND TABLE 2 OF APPENDIX A OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND ESTABLISHING REGULATIONS FOR DIGITAL SIGNS AND THEIR PERMITTED LOCATIONS, ESTABLISHING CHARGES FOR PERMITS FOR DIGITAL SIGNS, ESTABLISHING A PENALTY FOR VIOLATIONS AND PROVIDING FOR PUBLICATION. WHEREAS, city staff has recommended amendments to the City's sign regulations permitting digital billboards with restrictions in certain areas of the city with restrictions on their displays; and, WHEREAS, such proposed regulations appear to the City Council to be well designed to reduce unsightly billboards while allowing reasonable advertising activities within the city; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Section 106 -2 of the North Richland Hills Code of Ordinances is hereby amended by adding thereto the following definitions: "Digital Billboard means an off - premise sign, display or device, which changes the static message or copy by electronic means. The sign must be operated by an entity possessing an outdoor advertising license issued by the Texas Department of Transportation (TXDOT) Electronic message board means a sign utilizing a fixed light source to provide a message in text, pictures or symbols. Electronic message boards shall not appear to move or appear as an on /off message." Section 2: Section 106- 3(12)c of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "c. Maximum pole and electronic message board sign area: The maximum size of a pole sign or electronic message board sign located within the freeway overlay zone shall be two square feet of sign area for each linear foot of freeway frontage up to a maximum of 400 square feet. Electronic message boards may not contain displays which reproduce a sense of motion that may cause an undue distraction to motorists, and may not change displays or flash at frequencies more than once every eight seconds. Lettering or images that blink, flash, fly or chase into view of the electronic display shall be prohibited." Section I Section 106 -9 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: Sec. 106 -9. Table of permitted signs. The table of permitted signs, included in this section, presents the zoning districts where the locations of signs shall be allowed or prohibited by the regulations of this chapter. Signs are listed in accordance with allowable zoning districts shown in italics, and zoning districts where certain signs are prohibited shown as blank areas. TABLE INSET: Residential Districts Nonresidential Districts us 70 x 70 ;a ;a ;o ; —i p r 0 0 p T- T- c D eo s N w A a, co = o -L X — N n N 0 �_ — o T N 0) n TABLE OF PERMITTED SIGNS eo O p m A. Ground Signs 13A Electronic MessaVe Y • Board Major Development Y 3 • Sign Monument Y 2 . . . . . . . . . . . . . . . . . . Sign Pole Sign 6 Y • Digital Billboard 7 Y 6 • Subdivision Nameplate Y 4 • Sign Menu Board Y 1 Sign Traffic Directional N 5 • Sign C It Residential Districts Nonresidential Districts (D N A M j M j M w M W M A X� = w M v = —� 0 O � r X n n O r r C n B = N v TABLE OF -' N N n PERMITTED o SIGNS S Continued co H B. Building Signs 13B Canopy Y 2 Sign Projection Y 3 Sign Wall Sign Y 1 • C. Temporary Signs 13C New Development Y 1 Sign Banner Sign Y 7 . Construction N 8 . rade Sign Flags 2 N 11 . . . . . . . . . . . . . Garage Sale N 5 . . Sign Grand Opening NN 10 • Sign Light Pole Y 12 • o a . . a a o w o o a a a a a - Banner Sign Political N 6 Sign Portable Y 3 Signs Real Estate N . Sign Weekend j dvertising Y 9 Sign Multifamily allowed one wall sign per street frontage. 2 Company logo flags not allowed in AG, R -1 -S, R -1, R -2, R -3, R -4-D, R -6 -T, R -8, & MH -1 districts. 3 Political signs are regulated as either "AG & R" district signs or "all other district' signs. 4 Electronic message boards allowed outside the freeway overlay zone have additional restrictions than electronic message boards allowed within the freeway overlay zone. See additional restrictions under the portable sign regulations. Pole signs located in these districts must be located within the boundaries of the freeway overlay zone per section 106- 3(12). Pale signs located outside the freeway overlay district are prohibited unless part of a major development per section 106- 13(3)a. ' Digital billboards may only replace existing legal non - conforming off - premise billboards located on lots having frontage on U.S. Interstate Highway Loop 820 and on Texas State Highway 121. Sign Review Board Approval is required per section 106- 13(a)(6). New billboards of any kind are not permitted. 6 Signs located in a TOD zoning district are subject to the requirements of the North Richland Hills Sign Regulations and the Transit Oriented Development Code. Section 4: Section 106 -12 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 106 -12. Electronic message boards and digital billboards (a) On- premises signs. Electronic message boards within the freeway overlay zoning district shall be subject to the specific regulations for the freeway overlay zone. Electronic message boards outside the freeway overlay zoning district shall be allowed for fuel pricing which does not change more often than once per hour, as long as they do not flash, blink, scroll, fly or chase into view or create a sense of motion. Other electronic message boards located outside the freeway overlay zoning district shall be allowed only in the Institutional (U) zoning district. Electronic message boards in the Institutional (U) district shall be subject to the following restrictions: (1) Only monument signs shall contain an electronic message board. (2) Monument signs containing an electronic message board shall be subject to the limitations of subsection 106- 13(a)(2)c. of this chapter. (3) Electronic message boards shall not exceed 213 of the sign message area. (4) Electronic message boards shall display only low intensity amber lighting with a black background and shall not flash, blink, scroll fly or chase into view or create a sense of motion. Such boards shall contain only static displays and shall not change displays more frequently than once each 8 seconds. (b) Digital Billboards. With approval by the Sign Review Board as described in section 106 -15, existing legal non - conforming off- premise billboard signs located on lots having frontage on U.S. Interstate Highway Loop 820 and Texas State Highway 121 may be converted to digital billboards under the following conditions: 1) Each message shall be displayed for at least eight seconds and a change of message shall be accomplished within two seconds or less. 2) Transitions between the display of a message, content, and /or image shall be immediate only and shall occur simultaneously on the entire sign face. 3) No display shall include animation, full motion video, blinking, flashing, dissolving or fading images, moving light, scrolling images or text, nor shall it project a static image upon a stationary object. 4) The display of message, content, and /or image shall be visible only from one direction of traffic travel per sign. 5) No portion of a digital billboard shall project into a dedicated utility easement or be closer than five (5) feet to a federal, state, or local right -of -way 6) The main support structure shall have a decorative finish consisting of brick, stone, or other approved masonry finish materials. The use of EIFS shall not constitute an approved finish material. 7) A minimum spacing of one - thousand five- hundred (1,500) feet shall be required between one digital billboard and any other digital billboard on the same side of the roadway. 8) A digital billboard shall incorporate a default system that will automatically freeze (remain static) a single message on the display should it malfunction or become damaged. 9) The display may not display light of such intensity or brilliance to cause glare or otherwise impair the vision of the driver, or results in a nuisance to the driver. 10) A digital billboard shall be equipped with both a dimmer control and a photocell, which automatically adjusts the display's intensity according to natural ambient light conditions. The brightness of the display shall not exceed 0.3 foot - candles over ambient light conditions at a distance of 250 feet from the sign. 11) The City of North Richland Hills, through appropriate personnel, may exercise its police powers to protect public health, safety, and welfare by requiring emergency information to be displayed via digital signs. Upon notification, the sign operators shall coordinate with city staff to display emergency information critical to the traveling public, such as AMBER ALERTS from a National Center for Missing and Exploited Children (NCMEC) authorized source, Homeland Security, and other alerts involving terrorist attacks, and natural disasters. Emergency messages are to remain in the display's rotation according to the designated issuing agency's protocols. 12) The owner of a digital billboard shall provide contact information for a person who is available to be contacted at any time and is able to turn off the sign promptly after malfunction occurs or reduce the intensity of the sign within 12 hours of a request by the building official or the Texas Department of Transportation to a level acceptable to the city and /or department. 13) A digital billboard or its message, content and /or image shall not be configured to resemble a warning or danger signal or cause a driver to mistake it for a warning or danger signal. 14) A digital billboard or its message, content and /or image shall not resemble or simulate any lights of official signage used to control traffic in accordance with the currently adopted edition of the TXDOT manual on Uniform Traffic Control Devices. 15) A digital billboard shall not: a. Exceed 672 feet in total display area. b. A digital billboard shall not exceed an overall height of 42 1/2 feet, measured from the highest point of the sign to the grade level of the centerline of the main - traveled way closest to the sign, at a point perpendicular to the sign location. The lowest point of the sign shall have a minimum clearance of at least 20 feet above the adjacent grade. c. Be located within 300 feet of a residential zoning line. d. Be located within 1,000 feet from a roadway exchange. e. Be provided electrical service via overhead utility lines. f. Be located within a 200 foot radius from any freestanding general business sign or wall sign. 16) In cases where a conventional billboard is converted to a digital billboard of larger size, the net area increase of the proposed digital billboard display must be physically removed from other conventional billboards located within the city and under the same ownership or control as the owner proposing the conversion. Once an inventory of all billboards within the city is submitted, the owner may choose which specific conventional billboard face(s) are to be removed in exchange for the net area increase caused by the digital sign conversion. The square footage can be accumulated by the surrendering of smaller conventional billboard face(s) as long as the aggregate amount removed equals or exceeds the area increase caused by the conversion." Section 5: Table 2 of Appendix A of the North Richland Hills Code of Ordinances is hereby amended by adding thereto the following: Signs Permit Fees 9. Digital Billboard Conversion of legal non - conforming billboard 1,500.00 Digital Billboard — Annual 200.00 Section 6: Violations of this ordinance shall constitute a misdemeanor punishable by a fine of up to $500.00 per day. Each and every day any such violation shall continue or be repeated shall constitute a separate offense punishable hereunder. Section 7: The city secretary is authorized to cause the descriptive caption and penalty clauses of this ordinance published as provided by law. PASSED AND APPROVED on this the 8th day of February, 2010. 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: John Pitstick, Planning & Development Director CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2 -8 -2010 Presented by: Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 2 -8 -2010 Presented by: Mike Curtis Agenda No. E.1 Subject: PW 2010 -006 Approve Interlocal Agreement between the Cities of North Richland Hills, Richland Hills, Fort Worth and Haltom City for the Design and Construction of the Big Fossil Creek Wastewater Outfall System Improvements and the temporary Maintenance for the existing Wastewater Outfall System The purpose of the Interlocal Agreement between the cities of North Richland Hills, Fort Worth, Richland Hills and Haltom City is to address two issues: 1. The design and construction of a new Big Fossil Creek Outfall Main. 2. The Operation and Maintenance (O &M) of the existing system until the new outfall main is completed. Council approved a very similar version of this agreement during its May 18, 2009 Regular City Council Meeting. However, shortly after North Richland Hills, Richland Hills and Haltom City approved the agreement Fort Worth staff realized that a revision needed to be made to the agreement because it was determined that the Texas Commission on Environmental Quality (TCEQ) will hold the reporting agency responsible for sanitary sewer overflows. Originally the City of Fort Worth agreed to respond to any overflows that occurred from these lines and to report the overflows to the TCEQ. The revision, found in Section 4, "Maintenance," paragraph D on page 8 of 14, now requires the city of origin for the wastewater contributing to the overflow to report the overflow to the TCEQ and the public if necessary. Staff believes the revision to be fair and it does make sense that whatever city was the origin of the wastewater should report any overflows. As mentioned above the agreement addresses two issues. Even though the two issues are related and are part of the same interlocal agreement they will each be addressed separately in this report. The Design and Construction of a New Big Fossil Creek Outfall Main: The need for a new outfall main was identified approximately 10 years ago. Since all four cities contribute wastewater flow to this system, all of the cities agreed to employ an engineering consultant to investigate the condition of the existing outfall system and to recommend some possible solutions to improve the system. Council approved an agreement for an engineering study on October 14, 2002 (PW 02 -116) to determine the feasibility of extending or renovating the existing pipeline within the Big Fossil Creek Wastewater Outfall System. After the study was completed, the engineering consultant recommended replacing some of the existing sewer lines and making repairs on others. The interlocal agreement outlines the responsibilities of the four cities for the engineering, right -of -way acquisition, construction and project management for a new Big Fossil Creek Wastewater Outfall project. The cost allocation for each city is based on the percent of flow being contributed to the system by each city. Below is a summary of the estimated total project costs for each city. City Percent of Flow Contributed to System Cost based on percent of flow Fort Worth 81.7% $14,971,512 Haltom City 10.7% 1,957,624 North Richland Hills 6.4% 1,181,961 Richland Hills 1.2% 221,618 Total Estimated Cost 100.0% $18,332,715 The total funding for the North Richland Hills' portion of the cost was approved in the FY 2009/2010 Capital Projects Budget in amount of $1,200,000. The City of Fort Worth is requiring each city to be responsible for getting its flow into the new outfall main. If that requires a lift station (as is the situation for Richland Hills) then all costs are the responsibility of that particular city. Preliminary evaluations by Fort Worth indicate that only one lift station is needed for the new outfall main. If however the City of North Richland Hills also needs a lift station in order to discharge flows at the point where the city's flow enters the new main, the responsibility for the lift station will rest with the City of North Richland Hills. Even though preliminary analysis indicates that no lift station will be required for North Richland Hills the possibility does exist. The O &M of the existing system until the new outfall main is completed: The City of Fort Worth is indicating in the interlocal agreement that they will do their best to complete the project within ten (10) years from the date of complete execution of the agreement. Therefore the other issue addressed in the interlocal is the maintenance of the existing system until the new system is complete. Exhibit A (the last sheet attached) identifies the three wastewater lines that make up the existing system. The yellow line shown on Exhibit A represents the existing Tarrant County Water Supply Corporation (TCWSC) sewer main, the green line represents the existing Big Fossil Creek sewer main, and the red line represents the existing Haltom City sewer main. Each of these wastewater mains are currently owned by different cities. The interlocal agreement indicates that all four cities will equally share in the repair and maintenance costs of the existing system (all three existing wastewater mains). Since the repair and maintenance of the existing system will be on an "as needed" basis it is difficult to estimate the cost for such repair and maintenance. If past history is an indication of future costs then during the past ten years the City of North Richland Hills has had to pay approximately $120,000 in emergency repair costs. But the system is getting older and future repairs may be needed more often than in the past. All non - emergency repairs will be planned and budgeted for; emergency repairs will need to be made as soon as possible. As mentioned above all repair costs will be divided equally by the four cities. The Interlocal agreement indicates that the City of Fort Worth will administer all phases (design, right -of -way acquisition, and construction) for this project and the other three cities will reimburse Fort Worth based on the percentages outlined in the agreement. This agreement has been executed by the cities of Haltom City and Richland Hills. The City of Fort Worth will take it to their Council after the City of North Richland Hills has executed it. Recommendation: To approve the interlocal agreement for the Big Fossil Creek Wastewater Outfall System improvements and the temporary maintenance of the existing Wastewater Outfall System and authorize the City Manager to execute. THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS AGREEMENT BY AND BETWEEN THE CITIES OF NORTH RICHLAND HILLS, RICHLAND HILLS HALTOM CITY AND FORT WORTH FOR THE REPAIR AND MAINTENANCE OF TCWSC LINE AND THE HALTOM CITY OUTFALL MAIN AND THE CONSTRUCTION OF THE BIG FOSSIL CREEK RELIEF SEWER This Agreement is made and entered into by and between the City of Haltom City, acting herein by and through its City Manager, Thomas J. Muir, hereinafter referred to as HALTOM CITY; the City of North Richland Hills, acting herein by and through its City Manager, Mark Hindman, hereinafter referred to as NORTH RICHLAND HILLS; the City of Richland Hills acting herein by and through its City Manager, James Quin, hereinafter referred to as RICHLAND HILLS; and the City of Fort Worth, acting herein by and through its Assistant City Manager, Fernando Costa, hereinafter referred to as FORT WORTH, all of Tarrant County, State of Texas, (collectively the "PARTIES ") witnesseth: WHEREAS, the Cities of North Richland Hills, Richland Hills, and Haltom City each have a contract with the City of Fort Worth whereby the City of Fort Worth accepts wastewater for treatment at its Village Creek Wastewater Treatment Plant; and WHEREAS, on the I Ith day of November, 1997, the City Council of the City of Richland Hills authorized participation with the cities of Fort Worth, North Richland Hills and Haltom City in the Big Fossil Creek Relief Sewer Planning Study; and WHEREAS, on the 24th day of May, 1999, the City Council of Haltom City authorized participation with the cities of Fort Worth, North Richland Hills and Richland Hills in the Regional Wastewater Facility Planning study; and WHEREAS, on the 14th day of June, 1999 the City Council of the City of North Richland Hills adopted Resolution 99 -38 authorizing participation with the cities of Fort Worth, Richland Hills and Haltom City in the Big Fossil Creek Relief Sewer Planning Study; and WHEREAS, on the 15th day of June, 1999, the City Council of the City of Fort Worth authorized participation (M&C Cs- 12583) with the cities of North Richland Hills, Richland Hills and Haltom City in the Big Fossil Creek Sanitary Sewer System Study; and WHEREAS, on the 12ei day of July, 1999, the City of North Richland Hills authorized an agreement (Resolution No. 9943) with the engineering fine of Knowlton- English- Flowers, Inc. for the preparation of the Big Fossil Creek Wastewater Outfall System Planning Study, such report dated March, 2000 containing certain recommendations for 1 of 14 the construction of sanitary sewer improvements known as the Fort Worth Big Fossil Creek Relief Sewer Main, hereinafter referred to as the "Project "; and WHEREAS, the City of North Richland Hills obtained a planning grant from the Texas Water Development Board (TWDB Contract No. 99- 483 -308) for the preparation of a Regional Facility Plan for the Big Fossil Creek Basin of the Trinity River; and WHEREAS, the Cities of Fort Worth, North Richland Hills, Richland Hills and Haltom City desire to enter into an agreement establishing each city's duties and responsibilities as they are related to the Project; and WHEREAS, on or about the 3rd day of June, 2007, the City of Fort Worth responded to a public health and safety risk posed by sanitary sewer back -ups and overflows from a sewer main approximately located at 3100 Hickory Post Road, Haltom City, Texas and commonly known as the Tarrant County Water Supply Corporation ( "TCWSC ") sewer main; and WHEREAS, each governing body finds that the performance of this Agreement is in the common interest of all parties, that the undertaking will benefit the public and that the division of costs fairly compensates the performing party for the services or functions under this Agreement. NOW THEREFORE, the PARTIES agree as follows: 1. EMERGENCY REPAIR AND RECONSTRUCTION OF THE TCWSC SEWER MAIN AND THE HALTOM CITY OUTFALL MAIN BEFORE BIG FOSSIL RELIEF SEWER IS IN SERVICE, A. TCWSC Sewer Main (One Repair Location) For the emergency response made by FORT WORTH beginning on or about June 3, 2007 through the date of execution of this Agreement, FORT WORTH, NORTH RICHLAND HILLS and RICHLAND HILLS shall share the cost for the emergency repair and reconstruction of the sanitary sewer main approximately located at 3100 Hickory Post Road, Haltom City, Texas, known as the TCWSC sewer main (hereinafter the "TCWSC line ") at approximately Point X on Exhibit A to this Agreement. Such cost shall be shared equally among FORT WORTH, NORTH RICHLAND HILLS and RICHLAND HILLS and shall include all expenses as determined reasonably necessary by FORT WORTH. TcwsC $im= MAIN, HALTOM CITY OUTPALL 3I0 rosslL SOMR Page 2 of 14 Nuoombex 9, 2009 version 16 B. TCWSC Line Between Point F and Point G) and the HALTOM CITY Outfall (Between Point E and Point J) Upon full and complete execution of this Agreement, FORT WORTH, NORTH RICHLAND HILLS, RICHLAND HILLS AND HALTOM CITY shall each equally share the cost of the repair and maintenance performed by FORT WORTH under this agreement of: 1) the TCWSC Line, from Point F to Point G as shown in Exhibit A; and 2) the sanitary sewer outfall located south of the existing Haltom City meter station, Haltom City, Texas, (hereinafter the "Haltom City Outfall Main ") from Point E to Point J as shown in Exhibit A. Such obligation shall continue until the completion of the Big Fossil Relief Sewer Main and shall be consistent with Section 4 of the Agreement. 2. PARTIES OBLIGATIONS. A. Repair and Maintenance of the TCWSC Line and the Haltom City Outfall before Construction of Big Fossil Relief Sewer Main 1.) FORT WORTH agrees to furnish all materials necessary to accomplish the repair and major maintenance to the TCWSC Line and the Haltom City Main as described in Sections 1.A &B (also referred to collectively as the "sewer mains ".) FORT WORTH shall be responsible for the preparation of any contracts or documents for the repair and maintenance of the sewer mains. 2.) FORT WORTH shall invoice the other PARTIES for their respective shares of each partial payment during the course of the repair and maintenance of the sewer mains. Payment for such invoices shall be due ten (10) days from the date of such invoice, unless otherwise agreed to in writing by FORT WORTH and the respective party. B. Time ine for comRetion of the 13ist Fossil Relief Sewer Main (the " Project") 1.) FORT WORTH agrees to use its best efforts to complete the Project within ten (10) years from the date of full and complete execution of this Agreement. However, if the Project is not completed at the end of the tenth (l0'h) year, FORT WORTH shall assume responsibility for the operation and maintenance of the TCWSC Line and Haltom City Outfall Main. 2.) At the time RICHLAND HILLS flow is diverted to the Big Fossil Relief Sewer Main, RICHLAND HILLS shall assume full ownership, operation and maintenance responsibilities and costs for the portion of the TCWSC line that remains necessary to serve RICHLAND HILLS as shown in Exhibit A between Point H and Point C and that has not been abandoned at the completion of the Project. TCNSC NZW= MAIN, 6ALTCH CITT WTFALL sso rOSSIL SEWR Page 3 of 14 Novwmbor 6, 2009 Vrrsion 16 C. Allocation of Responsibilities and Cost for the Completion of the Big Fossil Relief Sewer Main (the "Project ") 1.) FORT WORTH shall be responsible for the preparation of plans and specifications, together with any modifications required during construction, and contract documents for the construction of the Big Fossil Sewer Main, generally as shown on Exhibit A. The cost of the design, including any and all costs incurred in the selection process including the issuance of a Request for Proposal or Request for Qualifications, shall be shared by the PARTIES as follows; Fort Worth 79.7% Haltom City 10.4% North Richland Hills 6.3% Richland Hills 3.6% 2.) The PARTIES shall cooperate in the selection of an engineer to prepare the design and construction documents for the Project. The construction documents will be prepared in such a manner so as to be able to calculate each Party's cost as described below. FORT WORTH will be responsible for the negotiation of the engineering contract and for appropriating funds necessary to pay for the engineering contract. FORT WORTH will not award the engineering contract until each party has adopted a resolution authorizing payment to the City of Fort Worth of its respective share of the cost to be incurred. FORT WORTH shall invoice the other PARTIES for their respective shares of each partial payment during the course of the design contract. Payment for all invoices shall be due thirty (30) days from the date of such invoice, unless otherwise agreed to in writing by FORT WORTH and the respective party within ten (10) days of the date of the invoice The engineering agreement will exclude costs for the design of lift stations to divert flows from NORTH RICHLAND HILLS and RICHLAND HILLS to the Big Fossil Relief Sewer Main, such being the sole cost of the PARTY requiring such facility. The PARTIES agree that at the time of execution of this Agreement the PARTIES do not anticipate that a Lift Station is required to divert NORTH RICHLAND HILLS flow to the Project. 3.) The cost of casements, appraisal fees, and right -of -way acquisitions shall be shared by the PARTIES hereto as follows: Fort Worth 79.7°% Haltom City 10.4% North Richland Hills 6.3% Richland Hills 3.6% Appraisal and property acquisition services shall be included in the engineering agreement contemplated by Section C.2 above. The consultant TCWSC HEWER MAIN, XALTOM CYTY OMPAT•r• BIG FOSSIL SEWER Page 4 of 14 November 6, 2000 Version 16 shall be responsible for all property appraisals, acquisitions and easements. In the event the acquisition of property or easements cannot be accomplished through negotiation and must be accomplished through condemnation, the staff of the jurisdiction within which the property is located agrees to recommend to its governing body that a resolution be adopted in support of the condemnation action. In such event, a representative from the participating city will be present at the condemnation hearing. Any property owned by any PARTY upon which an easement is necessary shall be dedicated at no cost. Any existing easement held by any party shall be transferred to FORT WORTH at no cost. 4.) The construction costs, including change orders, construction management costs, and inspections costs for the various segments of the Big Fossil Relief Sewer Main shall be shared as follows: a. From Point A to Point B and from Point C to Point B, exclusive of design and construction of any lift stations and force mains required, as shown on Exhibit A FORT WORTH 79.7% HALTOM CITY 10.4% NORTH RICHLAND HILLS6.3% RICHLAND HILLS 3.6% b. Point B to Point F, exclusive of Point B to Point C, as shown on Exhibit A FORT WORTH 82.7% HALTOM CITY 10.8% NORTH RICHLAND HILLS6.5% c. Point E to Point D, as shown on Exhibit A FORT WORTH 82.7% HALTOM CITY 10.8% NORTH RICHLAND HILLS6.5% d. Transfer of NORTH RICHLAND HILLS flows from TCWSC Line to Point F, as shown on Exhibit A, exclusive of design and construction of any lift stations and force mains required. FORT WORTH 82.7% HALTOM CITY 10.8% NORTH RICHLAND HILLS6.5% TCBSC aLRGa WlaN, KJLLTC1K CITY OUTF -1. ezc rosalL sx+nrn Page 5 of 14 November 6, 2009 Veri10A 16 5.) As of the time of execution of this Agreement the estimated cost of Project, including the cost of engineering, construction, right -of -way acquisition, financing and contingencies is as follows: FORT WORTH $14,971,512 81.7% HALTOM CITY $ 1,957,624 10.7% NORTH RICHLAND HILLS $ 1,181,961 6.4% RICHLAND HILLS $ 221,618 1.2% Total Estimated Project Cost $18,332,715 100% The estimated costs presented herein, in 2007 dollars, are for planning purposes. Actual Project cost may differ and shall be adjusted to reflect the final cost of engineering, construction, right -of -way acquisition and financing. Actual Project cost shall be shared by the PARTIES in the same percentage breakdown as designated for the estimated cost of the Project. 6.) FORT WORTH shall be responsible for the advertising and award of the construction contract for the Project, the costs of which shall be shared by PARTIES hereto as detailed in Paragraph 2.C.1 above. FORT WORTH shall notify the PARTIES of the anticipated date for receipt and opening of bids. FORT WORTH shall be responsible for the review of the bids, shall consult with the Parties regarding to whom the award of contract should be made and shall make a recommendation for award. 7.) FORT WORTH shall be responsible for the award of contract and for appropriating the funds necessary to pay for the construction. FORT WORTH shall award the construction contract only after the PARTIES have adopted resolutions authorizing payment to the City of Fort Worth. FORT WORTH shall invoice the other PARTIES for their respective shares of each partial payment during the course of the construction. Payment of all invoices are due thirty (30) days from the date of such invoice, unless otherwise agreed to in writing by FORT WORTH and the respective party within ten (10) days of the date of the invoice. 8.) FORT WORTH shall be responsible for the cost associated with the construction and installation of three metering stations to measure the flows from the other PARTIES hereto into the FORT WORTH collection system. 9.) All engineering and construction costs associated with any lift station and force main necessary to connect to the Big Fossil Relief Sewer are the full cost and responsibility of the party requiring said lift station. 10.) Nothing contained herein shall be construed so as to prevent FORT WORTH from including the costs it incurs hereunder as system costs as that term is defined in its wholesale contracts with the PARTIES hereto and its TMC SEWER MIN, MLLTON CITY 09TrXLL BIG TOSSIL SMER Page 6 of 14 November 6, 2009 Version 16 other wholesale contracts to the extent that such costs may be lawfully included in rate calculations. 3. OWNERSHIP. A. The PARTIES hereby acknowledge that FORT WORTH shall not assume ownership and is currently not the owner of either the TCWSC Line or the Haltom City Outfall Main. The PARTIES acknowledge that no representations, statements or warranties, express or implied, have been made by or on behalf of FORT WORTH, in respect to FORT WORTH's ownership of either the TCWSC Line and /or the Haltom City Outfall Main. B. The PARTIES further agree that upon completion of the Project, FORT WORTH shall own, operate and maintain the Big Fossil Relief Sewer Main as part of its wastewater collection system. 4. MAINTENANCE. A. The PARTIES hereby acknowledge that FORT WORTH shall not be obligated to perform or ensure routine maintenance of the TCWSC Line or the Haltom City Outfall Main. The term maintenance as used in this Agreement shall include but not be limited to routine cleaning, and minor repairs and rehabilitation necessary to protect and ensure the ability of a pipe to transport flow. HALTOM CITY, RICHLAND HILLS and NORTH RICHLAND HILLS agree to address all maintenance issues in a timely and appropriate manner. Notwithstanding FORT WORTH's lack of obligation to perform any maintenance of the TCWSC Line or the Haltom City Outfall Main, FORT WORTH may in its sole discretion, respond to major maintenance which shall include heavy cleaning for root and grease removal involving larger equipment than routine maintenance issues as reasonably necessary and requested by the other PARTIES. B. FORT WORTH agrees to use its best efforts to address major maintenance issues and structural failures which have caused a system backup or Sanitary Sewer Overflow (SSO)s and which could not be addressed by routine maintenance. C. The PARTIES agree that a) if FORT WORTH performs maintenance to the TCWSC Line or the Haltom City Outfall Main as it deems necessary and with notification to the appropriate party of such maintenance; or b) if FORT WORTH performs maintenance to the TCWSC Line or Haltom City Outfall Main upon request from a party, FORT WORTH shall not be obligated to report an SSO or other unauthorized discharge to any governmental body. Such obligation to report an SSO or other unauthorized discharge shall remain TCNSC SL916R XU X. anLTOM CITY OUTFALL BIG FOSSIL SZxcR Page 7 of 14 Ngvowber 6, 2000 vorsian 16 the sole responsibility of the other PARTIES as described in the Texas Water Code Section 26.039 and/or any permit issued describing such obligation. D. HALTOM CITY, RICHLAND HILLS and NORTH RICHLAND HILLS agree to respond to any and all SSOs and other unauthorized discharges which occur within their respective city limits, in a timely and appropriate manner pursuant to all applicable rules, regulations and laws. Notwithstanding, FORT WORTH agrees to respond to SSO's and other unauthorized discharges which occur from the TCWSC and HALTOM CITY lines and that are inside the FORT WORTH city limits. However, FORT WORTH shall not assume any liability for such SSO or unauthorized discharge. The City of origin for the wastewater contributing to the overflow shall be responsible for notifying the other parties to this agreement and the TCEQ of the event, if applicable. The City in which the overflow occurs shall be responsible for notifying the public, if necessary according to TCEQ criteria. Any fines assessed due to SSO's and other unauthorized discharges which occur from the TCWSC and HALTOM CITY lines shall be shared equally among the four PARTIES. Nothing in this Agreement shall be construed to grant or recognize FORT WORTH's ownership nor maintenance responsibility for TCWSC and HALTOM CITY lines within FORT WORTH's city limits. E. Upon the completion of the Big Fossil Relief Sewer Main and the permanent diversion of NORTH RICHLAND HILLS flow to either FORT WORTH'S existing sewer main known as M402 or the proposed Big Fossil Relief Sewer Main, RIC1 LAND HILLS shall assume sole ownership and be solely responsible for all maintenance costs for the portion of the TCWSC Line that is necessary to serve RICHLAND HILLS. 5. TCWSC LINE AND HALTOM CITY MAIN PLUGGED AND ABANDONED. A. Upon completion of the Big Fossil Relief Sewer Main, the PARTIES agree that the TCWSC Line and the Haltom City Outfall Main shall be plugged and abandoned in accordance with all applicable laws and regulations. B. The TCWSC Line shall be abandoned from Point F to Point H and Point C to Point G. The costs associated with these two segments shall be at the percentages presented in Paragraph 2.C.4.a. C. The Haltom City Outfall Main shall be abandoned from Point E to Point J. The costs associated with this segment shall be at the percentages presented in Paragraph 2.C.4.c. TCKSC 3LV= IQIN, NALTOM CITY OUTTALL BIG FOSSIL SZMR Page B of 14 Novewber 6, 2009 Version 16 b. RELOCATION OF A PORTION OF EXISTING FORT WORTH BIG FOSSIL SEWER (M402). As part of the design of this Project, FORT WORTH agrees to evaluate the feasibility of relocating the existing Big Fossil Main 402 from Point K to Point L by oversizing the Big Fossil Relief Sewer Main. Upon determination by FORT WORTH that such oversizing is feasible, the Big Fossil Relief Sewer Main may be oversized to allow abandonment of the existing Main 402 upon the request of HALTOM CITY. If HALTOM CITY agrees that such oversizing is feasible and makes such request, HALTOM CITY shall pay the cost of oversizing the Big Fossil Relief Sewer Main. The additional cost to oversize shall be the difference of the cost for the additional larger pipes, additional structures and other necessary materials beyond the cost of the original design of the Project. 7. EFFECT OF AGREEMENT. A. Notwithstanding Section 3, nothing in the performance of this Agreement shall impose any liability for claims against any other party other than claims for which the applicable laws may impose liability, B. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. C. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those stated in the Agreement; further, this Agreement shall not create any rights in any party not a signatory to the Agreement. 8. IMMUNITY. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 9. PAYMENT. All payments due to any Party hereunder are due and payable within 30 days from the date on invoice. A payment is late if not paid within 10 days from the due date. Late payments shall accrue interest at the rate of one and one -half percent (1 -112 %) per month until paid. TCNSC SZKZR NXIN, RALTOM CITY O=A" BIG MSSIL BMR Page 9 of 14 November 6, 2009 Version 16 10. NOTICE. Any notice permitted or required to be given herein shall be in writing, mailed regular mail to the address shown below, or by facsimile to the numbers shown below. If to NORTH RICHLAND HILLS Mr. Mike Curtis, P. E., Public Works Director, City of North Richland Hills 7301 N E Loop 820 North Richland Hills, Texas 76182 Telephone: 817- 427 -6400 Facsimile: 817 -427 -6404 If to RICHLAND HILLS Mr. Michael Barnes, P. E., Public Works Director, City of Richland Hills 6700 Rena Drive Richland Hills, Texas 76118 Telephone 817 - 299 -1830 Facsimile 817- 299 -1832 If to HALTOM CITY Mr. David Fain, Public Works Director, City of Haltom City 4200 Hollis Street Haltom City, Texas 76117 Telephone 817 -834 -9036 Facsimile 817- 831 -7855 If to FORT WORTH Mr. S. Frank Crumb, P.E., Director Fort Worth Water Department 1000 Throckmorton Street Fort Worth, Texas 76102 Telephone: 817 -392 -8207 Facsimile: 817- 392 -8195 IL STATE REVOLVING FUND. The PARTIES agree to cooperate in the expeditious preparation of such documents as may be necessary for the submission an application by FORT WORTH to the State of Texas for participation in the State Revolving Fund. Acceptance or denial of the application shall not affect any party's responsibility hereunder. TCWSC 2EWER MAIN, RALTOK CITY OVTIILL BIG FOSSIL SLIER Page 10 of 14 November 6, 2009 vibroion 16 12. MODIFICATIONS. This Agreement may not be changed, revised or otherwise amended unless same be in writing and approved by the governing body for each party. 13. GOVERNMENTAL POWERS AND IMMUNITIES. It is understood and agreed that, by execution of this Contract, the PARTIES do not waive or surrender any of their individual governmental powers or immunities. Each party acknowledges that the each other party is a Governmental Body and as such has certain rights, powers and duties. The PARTIES agree that these rights, powers and duties shall not excuse each PARTY from performance of its obligations under this Agreement. 14. SEVERABILITY. The provisions of this Agreement are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall remain in effect and be construed as if the invalid, illegal or unenforceable provision had never been contained in the Agreement. 15. ENTIRETY. This Agreement, together with Exhibit A contain all the terms and conditions agreed to by the PARTIES, and no other contracts, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the PARTIES hereto. TCW3C 2=zJt H&M, BALTCK CITY OUTFACE Bib F088IL SZnR Page 11 of 14 61ovezamr 6, 2009 v &rsien 16 This Agreement shall become effective upon full and complete execution of each party below: EXECUTED this _day of CITY OF FORT WORTH FERNANDO COSTA ASSISTANT CITY MANAGER DATE: 2010. CITY OF HALTOM CITY THOMAS J. MUIR CITY MANAGER DATE: APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY LEGALITY ASSISTANT CITY ATTORNEY ATTEST MARTY HENDRIX CITY SECRETARY ATTORNEY FOR HALTOM CITY ATTEST BRENDA DENNIS CITY SECRETARY CITY OF NORTH RICHLAND HILLS CITY OF RICHLAND HILLS MARK HINDMAN CITY MANAGER DATE: JAMES QUIN CITY MANAGER DATE: TCWSC SSRYR NAIN, EALTON CITY OUTrALL 510 FOSSIL SEER Page 12 of 14 Novrmbar 6, 2009 Vero ion 16 APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY LEGALITY ATTORNEY FOR NORTH RICHLAND HILLS ATTEST PARTICIA HUTSON CITY SECRETARY ATTORNEY FOR RICHLAND HILLS ATTEST LINDA CANTU CITY SECRETARY TCNSC SLmR IAIN, NRLTOK CITY Darr.,... Dig FOSSIL SZWZR Page 13 of 14 NO 2009 Varaion 16 C n HALTOM CITY •rr�.. �.. ru rID11T11 RiCIlArC N4+ T<`WV • • • • • r PK.tMIt XLLS • PPOMOO COIKCM. COST PARMPATION 6t4D1 R�Plr4rtl" WRale lOr:L fR.M.ie (wC0. rw PM• DTSTWG 7D• UPM&IP T1 a1nRMa •rLU ccaRVCrx cm Pw FL.O•' srOR ral rrr+ 01.4 AM 71P1 Ian _ .I— Cy ILI," 4.. "tbskbwwNM T.M MdD L1x at—r11 4.11MrD T.rK MIA ,&* M00 IOa as I. COST PMTICV T". Ip IIO rmt PM "W90 MMr a1Cw, PIORA'ID ILLS OOMMCC1o1 vslauM I J aw•:M.• Ma. fT1Y FM FLOW LCXT F-RVW 11— CA, P•.*MAO 11-11 AM 71P1 Ian _ KwI NaPWN N.a P.MMCA 4.. TOTY 11�1sW i'%" !. CON I'AAMPATOM PMCNTW rMS m MW IM[1P1 Y1. 1lYJI. MPN to LKC i•41ulIUM [ f1Y SIMP .MF IR T' TU Pr. 'O"1 rnLl Y RR COST 641E W L[ ^.'. COLT MATIC4U10• M*CEMME FM'MM7rU M a1CJI1 r % r py rar1M ww Tr. rG MAL R'-.'C" I D n. 11 ul.Erwe u I'mud EO 4fT sTKMm. ll L PEa cm 1C1(Olif 7' 1 lM PoT &7NWIfwwrw FrAlwllw 4M •K111MNNI.s1.LM Ia1N IC•Y IJ 91L "o" IIC rrK-1DR.Tl. KPRo+wn Pe41RIro Ilrl nrnal, 91.11 � Ra DosT ErrRDIPf �• f urLTb.!mC rV[MWrrn TR rMTv a1+av+aK. rnr �. rarr riser uwa Iuw K'MDI PDM'f YM.D 1'. 7 FONT MD" 9 MW1'C*S" FOR PC QTTa TMPR 0fW W M IOII MOaTR a1DPIwKC.aLV PWH Im K: S—IIr1 r(lu , �c- E o..a w•1•P• I � o �^y.�' jj ��I PCPKT �• MWT 1•qw. • • P...r. n •rTru W n.Mrw�. .W ttW< U FORT WORTH EXHIBIT A IT S PY11=r CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 2 -8 -2010 Presented by: Gregory Van Nieuwenhuize Agenda No. E.2 Subject: PW 2010 -007 Abandon Public Right -of -Way within Lot 8 of Block 1 of the Oakvale Addition - Ordinance No. 3087 In 1970, a 25 -foot wide strip of land along the eastern property line of Lot 8 of Block 1 of the Oakvale Addition was dedicated to the City of North Richland Hills as public right -of- way (ROW) as a requirement for development. Deed records indicate that this strip of land was to serve as half of a future street in this area; however, over the past 40 years no street improvements were ever constructed. Subsequent development in the area has rendered this location unsuitable for a public street (reference Exhibit B). Consequently, a street connection at this location is neither shown on the Master Thoroughfare Plan nor is it necessary to serve the residents in this area of the City. During a recent sale of this property the ROW issue surfaced as there was a discrepancy in the property acreage between the buyer's survey and the seller's survey. The property owner researched Tarrant County's records and discovered the ROW dedication occurred by separate instrument — not by Final Plat, which is typically how ROW is dedicated. The property owner is now requesting the City abandon the 25 -foot wide street ROW located along the eastern property line of Lot 8 of Block 1 of the Oakvale Addition. As the ROW was dedicated by a previous property owner at no cost to the City as a condition of development, staff recommends allowing the ownership of the land to revert back to the current property owner with no compensation to the City. Recommendation: Approve Ordinance No. 3087 providing for the abandonment of a 25 -foot wide strip of land along the east property line of Lot 8 of Block 1 of the Oakvale Addition. ��.1■11O i Existing 25' ROW - Oakvale Addition 0 E0 100 200 300 400 Feet NRH ORDINANCE NO. 3087 AN ORDINANCE ABANDONING THE STREET RIGHT OF WAY IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS. WHEREAS, the City Council has been requested to abandon the street right of way located within the Oakvale Addition; WHEREAS, the City Council has determined that the street right -of -way is no longer required or convenient for such use; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the street right -of -way located along the east property line of Lot 8, Block 1, Oakvale Addition as previously recorded in the Real Property Records, Tarrant County, Texas in Book 4988, Page 518 and as described in Exhibit A hereto is hereby abandoned and closed. PASSED AND APPROVED on this the 8th day of February, 2010. CITY OF NORTH RICHLAND HILLS In ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Managing Director Oscar Trevino, Mayor EXHIBIT A �OPP 0 BURSEY ROAD SOUTH SW 56E 25.00' OAKVALE ADDITION OAKVALE ADDITION BLOCK 1, LOTS ABANDON 23' STRIP OF BLOCK 1, LOT 7 RIGHT -OF -WAY ALONG EAST PROPERTY LINE OF OAKVALE ADDITION; BLOCK 1, LOTS. j i o W W I I O O O O i i i EXISTING 10' U.E. k N89° 56'W — -- - -............. iVIRM 1"=100' CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2 -8 -2010 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 2 -8 -2010 Agenda No. F.1 Subject: GN 2010 -011 Calling May 8, 2010 City Council Election and Authorizing a Joint Election Agreement with Other Tarrant County Political Subdivisions and Contract for Election Services with Tarrant County - Resolution No. 2010 -008 This year the City's General Election of Officials will be held on May 8, 2010. Resolution No. 2010 -008 orders the election to elect persons to the offices of Mayor and Council Places 2, 4 and 6 for two year terms of office. In accordance with State law, candidate filing began on February 6 and will continue through March 8, 2010. The proposed resolution establishes election day voting locations, provides for the appointment of election officials, provides for early voting and election day procedures and authorizes a joint election agreement and contract for election services with Tarrant County. The City's election will be held jointly with the North Richland Hills Crime Control & Prevention District Election and other Tarrant County political entities holding an election on May 8. The City will be entering into a contract with Tarrant County to administer the joint election. The proposed resolution authorizes the Mayor to execute the contract with the County. Some of the provisions to be included in the contract are: • Tarrant County Elections Administrator will serve as the administrator of the Joint Election with each participating entity remaining responsible for decisions and actions as required by law. • Tarrant County will be responsible for the appointment of the presiding and alternate judges for each polling location. • Early voting will be conducted jointly with all participating entities beginning on April 26, 2010 and ending on May 4, 2010 at the locations and times established by the County. North Richland Hills voters may vote early at the North Richland Hills Recreation Center or at any of the other joint early voting locations. • Early voting by personal appearance will be conducted exclusively on the County's eSlate Electronic Voting System. On Election Day, voters will have a choice between the eSlate electronic voting system or a paper ballot that is scanned using Tarrant County's EScan voting system. • Ballots that contain ballot content for more than one joint participant because of overlapping territory will be arranged in the following order: Independent School District, City, Tarrant Regional Water District, Tarrant County College District and other political subdivisions. • On Election Day, North Richland Hills voters will vote at their designated polling location — City Hall, Dan Echols Senior Center or Bursey Road Senior Center. • The Tarrant County Elections Administrator will release unofficial cumulative totals and precinct returns of the election as precincts report to the central and remote tabulating stations and the returns are tabulated. The unofficial cumulative totals and precinct returns will be released to the joint participants, candidates, press and general public by distribution of hard copies at the central counting station (2700 Premier Street, Fort Worth) and by posting to the County web site. On Election night, the County will not allow the release of the results printed on the tapes produced by the voting equipment to any participating entity at any of the remote collection sites or by phone from the individual polling locations. Each participating entity will receive their election results from either the County's central counting station or County website. Election expenses will be allocated among the participating entities according to a formula based on the average cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally among the total number of polling places. Costs for polling locations will be pro -rated equally among the participants using the polling location. The Elections Administrator will be the general custodian of the voted ballots and all records of the Joint Election. With the passage of SB 1970 during the last legislative session, the election order and notice must state the location of each early voting location. After Tarrant County has finalized all early voting locations, the City Council will need to approve an amended resolution that lists the locations of each early voting location throughout the County. In the event a run -off election should be needed, Resolution No. 2010 -008 sets June 12 as the run -off date and provides for early voting days and times. Tarrant County has requested that all entities hold their run -off elections on June 12 so the run -off date will be uniform throughout the County with uniform early voting days and times. The terms of the contract with Tarrant County may be extended to the run -off election. Recommendation: Approve Resolution No. 2010 -008 NRH RESOLUTION NO. 2010 -008 WHEREAS, the regular election for the City of North Richland Hills, as set forth by the Texas Election Code, is required to be held on May 8, 2010, at which time the voters will elect a Mayor and City Council Places 2, 4 and 6; and WHEREAS, in accordance with Section 271.002 of the Texas Election Code, the City election will be conducted jointly with other political subdivisions of the State of Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT an election is hereby called to elect a Mayor and City Council Places 2, 4 and 6 to serve until May of 2012, or until their successors are duly elected and qualified. Such election shall take place on the 8th day of May, 2010, from 7:00 a.m. until 7:00 p.m. Section 2: Qualified persons may file as candidates by filing with the City Secretary between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, beginning February 6, 2010, and ending March 8, 2010. Each application for a place on the ballot shall be accompanied by either a filing fee of One Hundred Fifty ($150.00) Dollars payable to the City, or, in lieu of the filing fee, a Petition seeking the candidate's name to be placed on the ballot. Such Petition must be signed by at least one hundred fifty (150) qualified voters of the City. Forms for the Petition shall be furnished to potential candidates by the City Secretary. Section 3: The location of polling places for this joint election are designated pursuant to Section 271.003 of the Texas Election Code, and the Council finds that the following locations can most adequately and conveniently serve the voters in this election, and that these locations will facilitate the orderly conduct of the election: PRECINCT Precinct One (includes County voting precincts 3214, 3324, 3333, 3041, 3364, 3366 & 3416) VOTING LOCATION City Hall, 7301 Northeast Loop 820 Precinct Two (includes County voting Dan Echols Senior Adult Center precincts 3032, 3140, 3215, 3289, 3325, 6801 Glenview Drive 3326, 3399, 3424, 3631, 3633, 3634, 4620 & 4629) Precinct Three (includes County voting Bursey Road Senior Adult Center precincts 3063, 3049, 3177, 3209, 3365, 7301 Bursey Road 3367, 3387,3507, 3527, 3543, 3580 & 3584) Section 4: All election officials, including the Early Voting Clerk shall be the officials appointed to such positions by Tarrant County and to the extent required by law, are hereby so appointed. The address of the Early Voting Clerk is: Steve Raborn, Early Voting Clerk, 2700 Premier Street, P.O. Box 961011, Fort Worth, Texas 76161 -0011. Section 5: Early voting will be held jointly with other Tarrant County public entities at Tarrant County's Main Early Voting Site located at the Tarrant County Elections Center, 2700 Premier, Fort Worth, Texas and the North Richland Hills Recreation Center, 6720 Northeast Loop 820, North Richland Hills and at the other locations established by Tarrant County beginning on April 26, 2010 and will continue through May 4, 2010 at the times as follows: April 26 -30 Monday — Friday 8:00 a.m. — 5:00 p.m. May 1 Saturday 7:00 a.m. — 7:00 p.m. May 2 Sunday 11:00 a.m. — 4:00 p.m. May 3 -4 Monday — Tuesday 7:00 a.m. — 7:00 p.m. Section 6: All resident qualified electors of the City shall be permitted to vote at said election and, on the day of the election, such electors shall vote at the polling place designated for the Election Precinct in which they reside. Section 7: The election shall be conducted pursuant to the election laws of the State of Texas. Ballots shall be canvassed by the City Council on May 17, 2010 at such time as a meeting shall be posted. Section 8: Should a runoff election be required following the canvass of the May 8, 2010 election, the Council hereby orders that a runoff election be held on Saturday, June 12, 2010. The polling place on election day for the runoff election shall be at the same polling places as those of the original election, and the hours of voting shall be between 7:00 a.m. and 7:00 p.m. Early voting by personal appearance shall be held at the same locations set out in Section 5 hereof on the dates and during the hours as follows: May 31 Monday Closed (Holiday) June 1 -4 Monday — Friday 8:00 a.m. — 5:00 p.m. June 5 Saturday 7:00 a.m. — 7:00 P.M. June 6 Sunday 11:00 a.m. — 4 :00 p.m. June 7 -8 Monday — Tuesday 7:00 a.m. — 7 :00 p.m. Section 9: The Tarrant County Election Administrator is hereby appointed to serve as the Early Voting Clerk and the Election Administrator's permanent county employees are appointed as deputy early voting clerks. Section 10: This resolution shall be construed with any action of the Tarrant County Commissioners Court providing for the conduct of a joint election with other public entities as herein contemplated. Section 11: The Mayor is authorized to execute a contract with Tarrant County whereby Tarrant County will provide all material, supplies and personnel to hold the election contemplated hereby, including any runoff election which may be required. This resolution shall be construed with any action of the governing bodies of other Tarrant County political subdivisions providing for the conduct of a joint election as herein contemplated. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 8th day of February, 2010. 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 Manager's Office Presented by: Karen Bostic Council Meeting Date: 2 -8 -2010 Agenda No. F.2 Subject: GN 2010 -012 Approve 2010 Federal Legislative Positions Attached please find the proposed 2010 Federal Legislative Positions that were discussed with Council on January 25th at the Work Session. During the Work Session, Council asked staff to add an item on Healthcare Reform. A position has been added on this. The four guiding principles used to develop the legislative program are: ❖ Support for local control; ❖ Insurance of a predictable and sufficient level of revenue to manage local affairs; ❖ Opposition of unfunded mandates; ❖ Support of legislation that increases the quality of life for citizens of North Richland Hills. The City's positions on various issues will fall into the following categories: Protecting Local Programs, Powers and Revenues ❖ Telecommunications & Information Technology ❖ Community Development Block Grant ❖ Energy Efficiency and Conservation Block Grant Protecting the Homeland ❖ Public Safety & Homeland Security Unfunded Mandates ❖ Transportation ❖ Public Safety Collective Bargaining ❖ Immigration Reform ❖ Healthcare Reform Once the Federal Legislative Program of the City is approved by City Council, it will be provided to Congressman Burgess, our U.S. Senators, and other area congressional representatives. Recommendation: Approve GN 2010 -012 the North Richland Hills 2010 Federal Legislative Positions. NCH City of North Richland Hills 2010 Federal Legislative Positions FEDERAL LEGISLATIVE INTRODUCTION The United States Congress frequently creates new laws that greatly affect municipalities. Due to this relationship, the City of North Richland Hills must develop and adopt positions on the most critical federal issues that directly impact the City and its citizens, especially issues involving 1.) local control, 2.) quality of life, and 3.) municipal revenues (including unfunded mandates). Therefore, the City of North Richland Hills uses three primary principles in developing positions on legislative issues: The City vigorously opposes any legislation that erodes the authority to govern our own local affairs. 2. The City opposes any legislation that dramatically impacts our ability to pay for public services and opposes the imposition of any federal mandates which do not provide for a commensurate level of compensation. 3. The City supports legislation that increases the quality of life for our citizens including legislation that encourages equitable services that increase pride and growth in our community. If an issue arises in Congress that is not included in this document, we urge our Congressional delegation to keep the City's guiding principles in mind as they make important decisions which will impact our joint- constituents. TABLE OF CONTENTS GeneralLegislative Policy .......................................................... ..............................4 Transportation............................................................................. ..............................5 Telecommunications & Information Technology .......................... ..............................7 Community Development Block Grant ........................................ ..............................8 Energy Efficiency and Conservation Block Grant ................ ..............................9 Public Safety & Homeland Security ............................................ .............................10 Public Safety Collective Bargaining ............................................ .............................12 ImmigrationReform .................................................................... .............................13 HealthcareReform ..................................................................... .............................14 Contacts..................................................................................... .............................15 GENERAL LEGISLATIVE POLICY STATEMENT OF PRESERVATION As a general policy, the City of North Richland Hills seeks to preserve its current authority to govern the city, its citizens, and its property. As such, the City opposes legislation that: • diminishes the fundamental authority of the City; • mandates increased costs without adequate compensation; • forces a loss of revenues or a decrease in public services; • erodes requirements for reasonable compensation for use of public lands; or • erodes municipal control over local water systems. STATEMENT OF SUPPORT Likewise, the City supports legislation that: • advances municipal authority to conduct the public's business; • improves the health, safety, and welfare of our citizens; • responsibly and fairly increases revenues to pay for essential services; • reduces the cost of providing services; • responsibly promotes economic development; or • improves the economy and creates jobs. TRANSPORTATION BACKGROUND The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU), the multi -year federal surface transportation law, expired September 30, 2009. It has been extended twice to continue federal transportation funding until a reauthorization bill passes Congress. Most recently SAFETEA -LU was extended in the Defense Department's appropriations bill. That extension will end on February 28, 2010. Funding for SAFETEA -LU is included in the "Jobs for Main Street" bill currently in the Senate, but that bill would only continue the funding until September 30, 2010. SAFETEA -LU was the second reauthorization of the Intermodal Surface Transportation Efficiency Act ( ISTEA) of 1991. ISTEA was a reform statute that provided state and local decision - makers with added flexibility to develop and fund a range of transportation solutions, reduced modal bias in federal planning and funding rules, expanded public participation in shaping transportation investment programs, allowed increased focus on multi -modal investments, and extended greater decision - making authority to local elected officials served by Metropolitan Planning Organizations (MPOs), key features that were largely retained by reauthorizations in 1998 and 2005. There are challenges with SAFETEA -LU. It continues to vest states with broad authority to decide how transportation funds are invested with the state, with either few or no federal standards to measure and report on performance and outcomes, maintain existing facilities in a state of good repair, distribute funds equitably among local areas or regions with the state, or target resources to specific national goals such as improving air quality. SAFETEA -LU also continues to rely almost solely on the 18.4¢ per gallon federal gas tax. That reliance in times of fuel economy by Americans and increased construction costs caused Congress to authorize $8 billion in emergency funds in fiscal year 2009 to SAFETEA -LU. In Northeast Tarrant County, traffic congestion continues to be a serious issue. Expansion of highways in our area has been delayed for a decade or more due to a lack of funding. The North Texas region is in a non - attainment area whereby we must meet strict guidelines to reduce air pollution yet we have traffic gridlock, further polluting our air. Meanwhile, the Texas Department of Transportation (TxDOT) expects its traditional funding for new construction to further shrink in 2010. The revenue from the motor fuel taxes does not meet existing maintenance needs and the federal government is reducing its transportation apportionments. It is critical to our City and our region that funding be made available for road projects. It is also critical that funding be made available for alternative means of transportation, including commuter rail. SAFETEA -LU's reauthorization should not be delayed. The temporary extensions put in place have caused funding to yo -yo as each extension gives SAFETEA -LU different allocations. This makes it difficult for states, MPO's and local governments plan for the future. POSITION • The City of North Richland Hills supports federal legislation that provides additional revenues in support of transportation programs. • The City supports collaboration with local elected officials on the reauthorization of the surface transportation infrastructure program. • The City supports a forward- looking federal vision for the nation's overall transportation policy that provides a range of transportation choices, including commuter rail. • The City supports public - private partnerships that support transportation priorities. TELECOMMUNICATIONS & INFORMATION TECHNOLOGY BACKGROUND The existence of affordable and modern communications infrastructure is extremely important as it increases productivity, spurs economic development, and improves quality of life. However, by law, municipalities must be fairly compensated by telecommunication and cable industries for the use of public rights -of -way. The underlying principal is that use of publicly -owned rights -of -way is a privilege not an entitlement. Local governments are, in fact, legally obligated to control and charge for the use of rights -of -way. The Texas Constitution requires cities to receive fair market rental payments from private industries that use public land for their private gains. Local governments must also maintain the rights -of -way to ensure the health and safety of their citizens. This enables cities to minimize service disruptions to the public, protect public investment in the rights -of -way, and assures correct placement of service lines. In Congress and at the Federal Communications Commission, attempts have been made by the telecommunications and cable industries to erode local control over the public rights -of -way. Specifically, several orders have been introduced that would negatively impact the ability of cities to physically manage their public lands and to receive adequate rental payments on behalf of their citizens. For example, the Second Order of the FCC in 2007 reduces funding for PEG channels by having them now charged out of the required franchise fees instead of a separate fee, this forces cities to lose an important communication tool with their citizens. It is important to note that during the 79th Texas Legislative Session, the Texas Legislature passed Senate Bill 5 which created a state -wide cable franchise process and eliminated local cable franchises in Texas. While Senate Bill 5 diminished local control, it included a 5% franchise fee for the use of local rights -of -way, maintained local police powers over rights -of -way, and authorized Public Educational and Governmental (PEG) channels (and continues financial support for PEG channels). POSITION The City of North Richland Hills urges Congress to exempt Texas from any cable /video franchise legislation or FCC Order. The City supports any Congressional proposal or FCC Order that recognizes Texas has adopted a uniform statewide franchising system and does not preempt the Texas law. The City opposes any legislation that will restrict the ability to manage our rights - of -way or that allows rights -of -way users access without appropriate compensation to the City. The City opposes any legislation that would not require the provision of PEG channels at the same quality broadcast as other channels and would not require the service to be offered to all residents. COMMUNITY DEVELOPMENT BLOCK GRANT BACKGROUND The Community Development Block Grant (CDBG) program was signed into law as the centerpiece of the Housing and Community Development Act of 1974. CDBG is the Federal government's effort to help more than 1,100 entitlement cities, urban counties, States and their non - profit partners meet the needs of low and moderate - income communities. CDGB helps to fund a wide range of activities including home ownership assistance, housing rehabilitation, public services and economic development projects. In Fiscal Year 2010, CDBG funding will increase over the previous year for the first time in eight years from $3.9 billion in FY 09 to $4.5 billion in FY 10. This places the FY 10 budget at just over $90,000 from the FY 01 budget of $4.41 billion. That is a 2% increase. In that same time period infrastructure costs have risen by 50 %. Providing quality neighborhoods and housing for all Americans by continuing successful programs such as the Community Development Block Grant (CDBG) is important to the City of North Richland Hills. After 35 years, this program remains successful and continues to demonstrate a strong federal -local partnership that must be sustained. As an aging City, CDBG funds are vital to the continued success of our neighborhood revitalization initiatives. CDBG funds have allowed the City of North Richland Hills to improve street conditions in qualifying neighborhoods, institute a housing rehabilitation program, expand and improve senior center facilities, and enhance the Northeast Transportation Service (NETS), an on demand transportation service for senior and disabled residents. The City of North Richland Hills hopes that Congress will continue this renewed support of CDBG. POSITION The City of North Richland Hills supports the continuation of this program at current and /or increased levels, as this program has been and will continue to be important in funding revitalization efforts within our community. The City opposes any budget proposals that seek to combine, eliminate or reduce community development programs that have continually proven to be effective in redeveloping deteriorating areas of cities across the country. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT BACKGROUND The threat of climate change, increased demand for energy and the depletion of natural resources has brought increased attention to sustainability. Our nation's cities find themselves on the forefront of the sustainability movement because of their long history of implementing energy conservation and environmental protection programs to support their communities. In 2008, the Energy Efficiency and Conservation Block Grant ( EECBG) program was created to provide direct grants to local communities to implement practices that would create energy efficiency and lower energy use. Unfortunately, the EECBG program did not receive funding until the American Reinvestment and Recovery Act of 2009 (ARRA) infused it with one time funding of $2.7 billion. The City of North Richland Hills is using its allocated $584,900 to upgrade city facilities to reduce conventional energy consumption, help lower income residents weatherize their homes and give local businesses incentives to make energy upgrades. Originally, the City devised a list of potential energy efficiency projects totaling $2.2 million. It is the City's hope that the EECBG program will receive permanent funding much like the CDBG program. The success of this program will lead to a reduction in fossil fuel emissions, reduce total energy use and improve energy efficiency across several sectors. POSITION The City of North Richland Hills supports the permanent funding of the Energy Efficiency and Conservation Block Grant program, as this program will help communities across the nation become more energy efficient. PUBLIC SAFETY & HOMELAND SECURITY BACKGROUND The public safety of citizens is the first and foremost responsibility of local governments. The leaders of America's cities and towns are best positioned to address traditional public safety needs while at the same time advancing the nation's homeland security priorities. Local governments are the first level of government to respond to most disasters and emergencies and must be regarded as the focal point of all disaster mitigation and recovery activities. National top -down plans are not sufficient. America needs collaborative strategies that emphasize partnerships, innovation and "all- hazard" approaches to public safety. Local communities are best positioned to react quickly, ensuring a local problem does not become a national one. Since 2001, local governments have taken on an even larger role in providing for homeland security, while federal funding for traditional public safety activities has consistently been reduced. Local communities can and should lead the way, but they can only do so with the right guidance, collaboration and resources from the federal government. One example of the challenges cities confront in this arena has to do with requests for federal assistance in an emergency. The federally - required customary wait of 72 hours after a major disaster to receive any federal assistance hinders the capacity of local government to save lives and property during crucial times. Being able to provide as much aid as possible in that initial period benefits the local community and the nation as a whole. The federal government must refine and further develop its strategy for making our country more resilient against attack and natural disaster. Pre - disaster mitigation grants, which help communities reduce the threat of natural disasters to both lives and property, have been proven to save four dollars for every dollar spent. Protecting infrastructure, from building stronger levees to bolstering our electrical grid, can deter potential attacks while at the same time providing a better chance of a quick recovery. No federal, state, or local government preparedness program can substitute for individuals who are proactive about their own responsibilities in their communities, particularly in times immediately before, during, and after an emergency. Therefore, government at all levels must work together to build a culture of individual action, responsibility, and preparedness. Finally, the federal government must improve emergency communications and warning systems to people are prepared to act when emergencies do occur. POSITION • The City of North Richland Hills urges Congress and the Federal Government to provide more guidance as to specific roles and responsibilities between levels of government when responding to natural disasters and threats. The City of North Richland Hills supports an increase in direct federal funding to local governments for preparedness and response training, threat assessment, communication systems, public health systems and critical infrastructure protection. PUBLIC SAFETY COLLECTIVE BARGAINING BACKGROUND During each of the past three federal legislation sessions, 109th, 110th and 1111h Congresses, legislation has been proposed that would force states and local governments to recognize unions of police, fire, and other public safety personnel as bargaining agents in all 50 states. During the 79th Texas Legislative session similar legislation known as Meet and Confer (House Bill 204 and House Bill 2892) were passed into law. Meet and Confer allows a representative police or fire association in Texas cities with a population of 50,000 or more, to meet and confer on any issues related to their employment. This can only be initiated through a petition of the association with final authorization by the governing body or through a certified election. The City of North Richland Hills believes federal collective bargaining legislation should not be signed into law because it is simply duplication of what has already become law in Texas. Furthermore, this type of legislation would negate the labor protection laws of the states, labor agreements of states and municipalities, existing civil service systems and the North Richland Hills Personnel Procedures. The City believes that the federal government should not undermine municipal authority with respect to making fundamental employment decisions. The City also believes this is an issue best resolved at the state level, not by our federal government. POSITION North Richland Hills opposes federal legislation which singles out a class of municipal employees to be provided special bargaining rights, and pre -empts investigative and disciplinary procedures that are already in place under civil service systems and the "Meet and Confer" laws of Texas. BACKGROUND The increasing presence of the undocumented population presents a serious challenge to municipal governments because of its escalating impact on local budgets, service delivery, and community life. This should make immigration reform a top legislative priority for Congress in 2010. The City of North Richland Hills believes immigration reform should be addressed in a comprehensive, thoughtful manner that focuses on the creation of economic opportunities, strengthens families and our communities. Local law enforcement agents should not be mandated to enforce civil immigration laws because this would violate the principals of federalism and divert local personnel from their primary duty to protect the general public. The City of North Richland Hills strongly concurs and supports comprehensive immigration reform to allow companies to meet labor shortages with legal access to foreign workers through an acceptable guest worker program. In addition, since control of immigration practices is the responsibility of the Federal government, local governments should not have to bear the cost of enforcing federal immigration laws. Congress should increase funding for the State Criminal Alien Assistance Program to provide communities with the necessary resources they need to detain criminal aliens. POSITION The City of North Richland Hills supports comprehensive immigration reform legislation that addresses border security and interior enforcement at the federal level of government. The City opposes any proposal that would mandate municipal enforcement of federal immigration laws. HEALTH CARE REFORM BACKGROUND Health care costs are becoming an ever increasing burden on the average American family. Healthcare cost increases are three times the inflation rate. With unemployment increasing and businesses looking at ways to trim costs to save jobs, more families are finding themselves with inadequate or no health care coverage. For good reason Congress has made health care reform a top priority of the past two years. The City of North Richland Hills applauds the efforts to reform health care. Unfortunately, the City does not believe the current legislation being moved through Congress will provide the proper reform that is needed. The current legislation will actually reduce insurance coverage for many of our residents and increase the costs of health care. While the legislation will provide subsidized coverage to those with lower incomes, it will pay for that subsidy by taxing the insurance plans of others. The 40% excise tax being proposed will not just affect the wealthy, depending on how the Cadillac Policy taxing threshold is calculated, the City's insurance coverage may be affected. The City of North Richland Hills wants to avoid placing a burden on residents in order to fund increased healthcare costs. Health care reform was initially proposed to provide affordable health care to all. We believe the current health care legislation has gotten away from that. The City of North Richland Hills asks Congress to look at ways to curb the meteoric rise of medical costs. No true reform can happen unless this is directly addressed. POSITION The City of North Richland Hills supports comprehensive healthcare reform legislation that addresses the increasing cost and decreasing coverage of healthcare offered to most Americans. The City opposes the current legislation moving through Congress and asks Congress to think of other reform methods. CONTACTS City of North Richland Hills 7301 NE Loop 820 P. O. Box 820609 North Richland Hills, Texas 76180 (817) 427 -6000 Fax: (817) 427 -6016 hftp://www.nrhtx.com Mark Hindman City Manager (817) 427 -6003 Email: mhindman(o-).nrhtx.com Karen Bostic ** Assistant City Manager (817) 427 -6005 Email kbostic(a-),nrhtx.com Mayor and City Council Oscar Trevino, Mayor Scott Turnage — Mayor Pro Tern John H. Lewis — Place 1 Ken Sapp — Place 2 Tom Lombard — Place 3 Dr. Tim Barth — Place 4 David Whitson — Place 5 Tim Welch — Place 7 *" Karen Bostic is the primary legislative contact for North Richland Hills CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: Vickie Loftice Council Meeting Date: 2 -8 -2010 Agenda No. F.3 Subject: GN 2010 -013 Approval of the One -Year Renewal Option and Amendment to the Iron Horse Golf Course Management Agreement The management services at Iron Horse Golf Course have been provided contractually since its first year of operation. The services have been provided through the years by Evergreen Golf Limited, L.P. a Delaware limited partnership (hereinafter referred to as EAGLE), though the name of the company has changed a few times due to change in ownership. The most recent Management Agreement was for a three year period beginning in January 2007 with two, one -year renewal options. Staff is recommending execution of the first one -year renewal option with the following amendment to the existing agreement: Page 5, 3 (b) the addition of: Notwithstanding anything else to the contrary in this Agreement, City shall not be responsible for and shall not be required to reimburse EAGLE for the cost of employee claims, attorney fees or litigation expenses arising out of claims for race, sex, age, or other discrimination alleged to have been committed by EAGLE. EAGLE has performed well over the past three years. Competitive pricing, the right marketing mix and quality playing conditions have produced positive results. While this current fiscal year has been a challenge due to the unusually cold and wet fall and winter, the previous three years have been financially sustainable with the golf course paying for its operational costs and debt service. Because the City recognizes that we must take care of our resources, the City has loaned funds to the golf course for equipment replacement and general capital improvements. These loans will be paid back beginning in 2012 after the original debt is retired in 2011. The City has been pleased with many of the successes of the golf course. During the years, Iron Horse Golf Course has been recognized multiple times as one of the leading municipal golf courses, both in the Metroplex as well as across the State. These recognitions came under the direction and management of EAGLE and with the cooperation and assistance of the City of North Richland Hills. As in previous years, Food and Beverage continues to be the most promising area for revenue development. Staff will continue to work with Iron Horse in creating a neighborhood grill destination while improving food quality and consistency with a concentrated focus on superior customer service. The proposed one -year optional extension to the Management Agreement will have a January, 2010 effective date and terminate on December 31, 2010. At the end of the first renewal option the City may opt to renew the second one year option for 2011 and renegotiate or issue Request for Proposals for 2012. Recommendation: Approve the One -Year Renewal Option and Amendment to the Iron Horse Management Agreement with Evergreen Golf Limited, L.P. STATE OF TEXAS § COUNTY OF TARRANT § AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN CITY OF NORTH RICHLAND HILLS AND EVERGREEN ALLIANCE GOLF LIMITED, L.P. (EAGLE) WHEREAS, on December 11, 2006, City of North Richland Hills hereinafter ( "City ") approved a Management Agreement with Evergreen Alliance Golf Limited, L.P. and hereinafter referred to as EAGLE, whose address is 4851 LBJ Freeway, Suite 600, Dallas, Texas 75244; and WHEREAS, the original agreement was for the period of January 1, 2007 through December, 31, 2009 with two one -year renewal options for the Management of Iron Horse Golf Course; and WHEREAS, CITY and EAGLE agrees to modify the Agreement in certain respects as set forth herein; NOW THEREFORE, the Agreement is incorporated herein as if written word for word. Except as provided below, all other terms and conditions of the Agreement shall remain unchanged and shall remain in full force and effect. In the event of any conflict or inconsistency between the provisions set forth in the modification and the Agreement, this modification shall govern and control. In consideration of the foregoing and for other good and valuable consideration, the parties agree to Amendment No. 1 and is amended hereby as set forth below. 1. THE AMENDMENT The following italicized language is hereby added to Page 5, 3(b) of the Agreement: Notwithstanding anything else to the contrary in the Agreement, City shall not be responsible for and shall not be required to reimburse EAGLE for the cost of employee claims, attorney fees or litigation expenses arising out of claims for race, sex, age, or other discrimination alleged to have been committee by EAGLE. II. EFFECT OF THE AMENDMENT By execution of this Amendment No. 1, the Agreement is amended. No other sections, provisions, clauses or conditions of the Agreement are waived or changed hereby, and they shall all remain in full force and effect throughout the term of the Agreement and any duly authorized extensions. The Management Agreement between CITY and EAGLE is hereby extended as modified for the first of the one -year renewal options. IN WITNESS WHEREOF, by signatures below, the duly authorized representatives of City of North Richland Hills and EAGLE do hereby agree and append this Amendment No. 1 to the Agreement dated December 11, 2006. EXECUTED THIS day of February, 2010. CITY OF NORTH RICHLAND EVERGREEN ALLIANCE GOLF HILLS LIMITED, L.P. (EAGLE) Approved: By: Mark Hindman, City Manager Rick DeLoach, Senior Vice President of Operations Attest: Patricia Hutson, City Secretary Approved as to form and Legality: George Staples, Attorney for the City NP. Parks & Recreation DeparUnard . CITY OF NORT 4 MCHLAND HILLS February. 1, :2010 Rick DeLoaoh Senior Vice President of Operations Evergreen Alliance Golf Limited, L.P. 4851 LBJ Freeway, Suite 600 Dallas, Taxes 75244 Re; One Year Renewal of thelron Horse Golf Course Management Agreement and. Arriendment#1 Dear Mr, ,DeLoach, Referenced Management Agreement with Evergreen. Alliance Golf Limited, L.P. (EAGLE) was for three (3) years with up to two (2) options to renew for additional twelve (12) months each. The original agreement was for the period of January 1, 2007 through December 31, 2008;. The proposed one-year optional extension to the Mar*oment Agreement wig have a January 1, 2010 effeotive date and te[mfnaie .on December 31, 201.0. The base management fee shall be $9,045'.881rdbrnth as outlined in the original agreement. The City of North Richland Hills hereby eXtehds an invitation to Evergreen Alliance Golf Limited, L.P. to accept the first option for an additional one (1) year period for this Agreement -as awarded on January 1, 2007 with the addition of the following Amendment #1: Page $, 3 (b) the addition of: Notwithstanding anyltaIng else to the contrary in this Agreement, City shall not be responsible for and shall not be required to reimburse. EAGLE for the oust of;empioyee claims, attorney fees or litigation expenses arising out .of claims 'for race, sex, ads, or other discrimination alleged to have been committed by EAGLE. Please mark the appropriate response below and provide, your signature above. your printed name, All prices remain flrmmforthe Option Renewal period through December 31, 2010. LX j Yes, Evergreen Alliance Golf Limited, L.P. will accept the 'offer to extend the Management Agreement; with the addition of Amendment, and the same agreement pricing through December 31, 2010. �j No, Evergreen Alliance, Golf Limited, L.P. will not accept the offer to extend the Management Agreement, with the addition of Amendment, and the same agreement. pricing through December 31, 2010. Please fax your signed response to (817)427 -6627 by February 3, 2010. Sincerely, 6� Vickle l oftice Rick DeLoach Managing. Director Senior Vice President of Operations City of North Richland Hills Evergreen. Alliance Golf.Limited, L.P.. 5720 Northeast Loop 820 * North Richland,l-fills, Texas 781801-7901 (8.17) 427 -6820 * Far. (ail) 427 -6$27 . nrhpard @nrhtx.^orn CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: John Pitstick Council Meeting Date: 2 -8 -2010 Agenda No. F.4 Subject: GN 2010 -014 License Agreement with Enterprise Texas Gas Services Company for a gas pipeline in Fossil Creek Park and Iron Horse Golf Course This item is being brought forward to City Council for approval of a license agreement with Enterprise Texas Gas Services Company to construct and maintain a 30 inch gas pipeline through Fossil Creek Park and Iron Horse Golf Course. A separate item is also on the agenda for approval of a license agreement with Texas Midstream Gas Services Company to construct and maintain a 24 inch gas pipeline in the same 20 foot wide easement. Enterprise Texas and Texas Midstream are sharing the same 20 foot wide easement and separating the pipelines vertically. The entire gas pipeline will be bored within the Iron Horse Golf Course property. There is a small section on the southern end of Fossil Creek Park that will require an open cut and a staging area for the long bore made northward. The Open Trench /Bored Location Map below indicates the portion of the line that will be bored and the portion that will be an open cut trench. The pipeline company made arrangements with the Diamond Oaks Golf Course to close their course during the construction of the pipeline. The Enterprise Texas gas pipeline is a 30 inch transmission line called the Trinity River Basin Lateral. The dashed red and green line shown in the attached Pipeline Location Map indicates the location of the line. The license agreement with Enterprise Texas is for a 20 year timeframe. License fees include $2.25 per square foot of permanent licensed area which includes a 20 foot wide easement for a length of 4,272 linear feet. The license fees also include $1.00 per square foot for about 2.5 acres of temporary work space primarily in the southwest portion of Fossil Creek Park. This will total $305,105.50 in license fees for each gas pipeline. There will also be a total of $54,519 for tree mitigation in the Fossil Creek Park. The tree mitigation fee can be shared by both pipeline companies. Separate license fees will be charged to both companies for the license area and temporary work space. The City is also requiring the replacement of a post and cable fence in Fossil Creek Park with a split rail fence as part of this agreement. This is a non - exclusive license agreement allowing the City continued use of the property. Any Corps of Engineers and /or FEMA approvals will be the responsibility of the gas line companies. A $50,000 bond is required to guarantee all restoration of properties. A $5,000,000 general liability insurance policy is required and an indemnity statement is included in the agreement. Construction must begin within 120 days and the entire pipeline must be installed no later than 180 total days from the execution of this agreement. There is also a requirement of the agreement for the City to give the licensee 180 days notice to remove or relocate pipeline facilities due to excavation or grading as a result of planned public improvements in conflict with the pipeline. An additional 180 days are allowed for licensee to relocate necessary pipelines. Twenty- four (24) hour pressure monitoring is required and only the transmission of oil, gas and petroleum products are allowed. Staff has worked with both Enterprise Texas and Texas Midstream for several months. Staff was primarily concerned with any disruptions to golf course operations and tree mitigation in the Fossil Creek Park. No operations will be disrupted through Iron Horse Golf Course since the entire course is being bored. There will be pipeline markers at property lines and rights of way as required by Federal and State laws. A detailed tree survey and assessment was undertaken and staff is comfortable with the $54,519 tree mitigation fee. Representatives from Enterprise Texas will be available at the meeting to answer any questions. Recommendation: Approval of gas pipeline license agreement with Enterprise Texas. Enterprise Texas Gas Pipeline Location Map COMOS U, F1 n N-thPark PAM fi'd. Ci, t: M R ;20 kin z ON, L n ,j StI4,11 Or :F m i e Ur (D - I V q3 w C1,M,d (D -10,,s A- u CL 41 FA, k. vI,ont,h.,- Ur =r It, riw Owdiy csuwt, L,.d, c, 0 S Par m N L Ito rr Jonme St cit�, mWim at Wetaltr 0 C Fv- St 57� 11P A. M atnifflaii ntf, "S • in X 2 Ca Ci, At m HighfairA Me E L Open Trench /Bored Location Map STATE OF TEXAS § COUNTY OF TARRANT § LICENSE AGREEMENT This License Agreement ( "Agreement ") is hereby made and entered into by and between the City of North Richland Hills, Texas (the "City "), a home rule municipality created in accordance with Chapter 9 of the Texas Local Government Code, and Enterprise Texas Pipeline, L.L.C. ( "Licensee "), a Texas limited liability company. WHEREAS, Licensee desires, at its sole cost and expense, to construct, operate and maintain one buried natural gas pipeline across and under certain real property owned by the City, which consists of separate tracts described in Exhibit "A" attached; WHEREAS, under the conditions and restrictions hereinafter set forth, the exercise by Licensee of the rights granted herein will not be incompatible with the requirements of the City for the use, operation and maintenance of such real property for public utility and other municipal purposes; and WHEREAS, the granting of such license to Licensee is subject to the continuing use of the land by the City at all times for public utility and other municipal purposes. NOW THEREFORE, the parties hereto agree as follows: 1. Grant of License. The City, to the extent of its interest therein, hereby grants to Licensee, for a period of twenty (20) years from the date hereof, a license to construct, operate and maintain one (1) buried 30 inch diameter natural gas pipeline under and across a twenty foot (20') wide portion of the City's real property (the "Property ") at the locations shown on Exhibit "A" which is attached hereto and made a part hereof by reference, subject to termination as herein provided. Licensee shall erect, install, construct, repair, replace and maintain the Pipeline Facilities pursuant to the rules and regulations promulgated by the U.S. Department of Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations Title 49, Part 192, as adopted and modified by the Railroad Commission of Texas. Licensee shall be required to direct bore or horizontal directional drill (HDD) all property shown on Exhibit "Al" and shall be allowed to be open cut within property shown on Exhibit "A2 ". Licensee's pipeline shall be confined to and must not deviate from a corridor designated by the City across the Property, no greater than twenty (20) feet in width (the "Pipeline Corridor "). Notwithstanding the foregoing, Licensee expressly consents to the installation of additional pipelines, not owned by Licensee, within the Pipeline Corridor in the manner depicted in Exhibit "B" to this Agreement. Notwithstanding the foregoing, Licensee's consent in this regard does not constitute a waiver of any rights or legal recourse as against any third party. The Licensee shall also have the right to use an additional temporary work space adjacent and parallel to the portion of the Property where the pipeline is to be located as shown on Exhibit "C" to this Agreement. All construction occurring within Exhibit "C" shall conform to tree protection requirements as described in Section 9(r) of this Agreement. The temporary workspace shall automatically terminate and expire when the pipeline and appurtenant facilities have been installed by Licensee. These rights are granted and accepted subject to the following.. (a) any valid and enforceable restrictions, covenants, conditions, encumbrances (except liens), reservations, easements, and other exceptions to title, if any, relating to the Property, shown of record in the hereinabove mentioned County and State, (b) all valid and enforceable zoning laws, regulations and ordinances of municipal and /or other governmental authorities, if any, relating to the same; and (c) to all matters which would be revealed by an inspection and /or a current survey of the Property. The Licensee acknowledges and agrees that this Agreement only allows the transportation of oil, gas, petroleum products, or any other liquids or gases (including inert gases) that constitute oil, gas or petroleum byproducts, with the exception of salt water or any substance containing salt water, through the City and does not allow the Licensee to distribute, sell or otherwise provide oil, gas or petroleum products to any customer in the City. This license does not constitute a utility franchise. 2. License Non - Exclusive. The license granted herein shall be nonexclusive and the City reserves the right to grant other rights and licenses across, over and under the Property to such other persons that the City deems proper. It is expressly understood that the City does not purport, by this Agreement to grant Licensee any right, title, claim or easement in or upon the Property shown on Exhibit "A" to this Agreement except for a license as that term is used in real property law. Police Power of the City. The Licensee shall at all times during the term of this Agreement be subject to the lawful exercise of the police power by the City. 4. Other Permits. a. This Agreement does not relieve the Licensee of any obligation to obtain permits, license and other approvals from the City or other regulatory agencies necessary for the construction, installation, maintenance or repair of the Licensee's pipeline or the transportation of oil, gas or petroleum products through such pipeline. b. Licensee shall not initiate any kind of construction, installation, maintenance, repairs or other work that requires excavation on the Property and /or temporary workspace until the Licensee first obtains the necessary permits from the City of North Richland Hills. 5. Fees. a. On or prior to the date of the execution of this Agreement, Licensee shall pay the City, as compensation for its use of the Property described as Exhibit "A" and the rights herein granted, the sum of $2.25 per each square foot of area licensed to Licensee excluding temporary workspace. being 85,442 square feet the total sum of which amounts to $192,244.50 Dollars. b. On or prior to the date of the execution of this Agreement, Licensee shall pay the City the sum of $1.00 per each square foot of area of temporary workspace licensed to Licensee, as described in Exhibit "C" hereto, being 112,861 square feet the total sum of which amounts to $112,861 Dollars. C. On or prior to the date of the execution of this Agreement, Licensee shall pay the City, as compensation for removal and damage of trees within the property described in Exhibit "A2 ", the sum of $54,519 Dollars. This amount may be satisfied through payment by a third party gas utility company occupying the licensed area depicted on Exhibit "A" hereto. d. The sum total of the amounts set forth in paragraphs a., b. and c., above, shall hereafter be referred to as the "License Fee ". 6. Time of Construction. Construction shall be accomplished by Licensee at such time or times as will not unduly interfere with the City's use of the Property and /or temporary workspace as determined by the City Public Works Director prior to commencement of construction. Construction may not commence, however, until Licensee presents Licensor with the following information: a. If applicable, written authorization from U.S. Army Corps of Engineers, evidencing no objection to the installation of any portion of the pipeline along the Property which is under U.S. Army Corps of Engineers oversight; b. A description of the final substance to be transported through the pipeline; C. A copy of the substance material safety data sheet (MSDS); d. The maximum allowable operating pressure on the pipeline, along with the Specified Minimum Yield Strength (SMYS) of the pipe; e. Engineering plans showing the horizontal pipeline location, pipeline covering depths, location of the nearest shutoff valves whether on the Property or not, location and details for a decorative rail fence along the north Right -of -Way of Onyx Drive (required pursuant to Section 9 (r) of this Agreement), the limits of all workspace areas, and the limits of all tree protection areas; f. Detailed cross section drawings for all public street right -of -way crossings on the Property; g. Methods to be employed to prevent internal and external corrosion of the pipeline; h. Copies of the performance bond and insurance information required herein; and L An emergency action plan for responding to public emergencies as defined in Section 16 of this Agreement. The plan shall at a minimum provide for: (1) Prompt and effective response to emergencies: a. Leaks or releases that can impact public health, safety or welfare; b. Fire or explosions at or in the vicinity of a pipeline; or C. Natural disasters; (2) Effective means to notify and communicate required and pertinent information to local fire, police, and public officials during an emergency; (3) The availability of personnel, equipment, tools and materials as necessary at the scene of an emergency; (4) Measures to be taken to reduce public exposure to injury and probability of accidental death or dismemberment; (5) Emergency shut down and pressure reduction of the pipeline; (6) The safe restoration of service following an emergency or incident; (7) A follow -up incident investigation to determine the cause of the incident and require the implementation of corrective measures. r =-1- Prior to commencement of any work that requires excavation on the Property and /or temporary workspace, Licensee shall deliver to the City a bond executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City in the amount of the cost of the work or Fifty Thousand Dollars ($50,000), whichever is greater, for a period of two years. The bond shall guarantee that Licensee shall (a) restore the surface of the Property and /or temporary workspace where excavation was done, in a satisfactory and workmanlike manner; (b) maintain such restoration work in a state of repair satisfactory to the City following the date of restoration; (c) fully comply with the terms and conditions of this Agreement and the City's ordinances governing excavation on public property, including in public rights -of- way; (d) repair, at Licensee's own expense, any damage to roads, streets, utilities or highways caused by the use of heavy vehicles for any activity associated with the operations contemplated herein. 8. As -Built Plans and Drawings. Licensee shall provide the City Public Works Director with as -built plans and drawings of Licensee's pipeline facilities located on the Property within ninety (90) calendar days following the completion of such pipeline facilities. Accuracy of the drawings shall meet a survey level of one foot (1') to fifty thousand feet (50,000'). The drawings shall also be provided in digital file format with the location tied to one (1) nearby GPS (global positioning system), City monument. Licensee shall also provide the City Public Works Director with a map showing proposed transportation route and road for equipment or waste products used or produced by the pipeline operation. 9. Use of the City Property. a. Minimal Interference. Licensee's pipeline facilities shall be installed and maintained in a manner that causes minimal interference with the City's use of the Property and /or temporary workspace for public utility and other municipal purposes. Except in the case of an emergency (as defined in Section 16 of this Agreement), prior to the undertaking of any kind of construction, installation, maintenance, repairs or other work that requires excavation, or other physical use of the Property and /or temporary workspace, that involves the use of a motor driven vehicle or motor - operated equipment, Licensee shall provide at least forty -eight (48) hours advance written notice to the City Public Works Director and Parks and Recreation Director. In the case of an emergency (as defined in section 16 of this Agreement) verbal notice shall immediately be provided to the City's Fire Department by dialing 911 and written notice shall be provided to the City Public Works Director and Parks and Recreation Director as soon as practicable thereafter. b. Worksite Regulations. Licensee shall comply with all valid and enforceable applicable rules, regulations and requirements of the City, including, but not limited to, those related to permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time. In addition, during any such work, Licensee shall provide construction and maintenance signs and sufficient barricades at the work site to protect the public. The application of such traffic control devices shall be consistent with the standards and provisions of the Texas Manual on Uniform Traffic Control Devices. Licensee shall utilize appropriate warning lights at all construction and maintenance sites. C. Burial and Marking of Pipeline. Licensee shall bury or cause its pipeline to be buried at no less than the depth indicated in the attached Exhibit "A" hereto. Licensee shall place markers for the Pipeline Facilities as required by 49 C.F.R. § 192.707 or its successor. Such markers shall include the Licensee's name and a toll -free telephone number of Licensee that a person may call for assistance. The location and appearance of the markers shall be subject to the prior approval of the City and every effort shall be made to avoid placing a pipeline marker in a location that will interfere with the use of the surface of the property for recreational use by the public. (Exhibit "D ", attached hereto, is a to -scale color rendering of the proposed pipeline marker.) In addition, should trenching occur, during backfill of the pipeline excavation, "Buried Pipeline" warning tape shall be buried one foot (1') above the pipeline to warn future excavators of the presence of the pipeline. The pipeline trench shall be "double- ditch" backfilled by replacing the subsoil first compacted to 95% standard density proctor in six inch (6 ") lifts and then replacing the topsoil. Public roads shall be bored; they shall not be open cut. Additionally, a portion of the pipeline shall be bored under the Property. Those portions of the pipeline that are required to be bored are shown on Exhibit "A1" to this Agreement. d. Repairs and Restoration. Licensee at its sole cost and expense shall repair any damage to the Property and surrounding property (including any improvements located thereon) resulting from the Licensee's use of the Property and /or temporary workspace. Licensee at its sole cost and expense, and in a manner approved by the City, promptly restore any portion of the Property and /or temporary workspace that is in any way disturbed or damaged by the construction, operation, maintenance or removal of the pipeline to as good or better a condition as the Property and surrounding property was in immediately prior to the disturbance or damage. Licensee shall diligently commence such restoration within thirty (30) calendar days following the date that the Licensee becomes aware of the disturbance or damage, or if the pipeline is being removed, within thirty (30) calendar days following such removal. e. Prohibited Substances. Licensee shall not use the Property in any manner which violates any federal, state or local law, regulation, rule or ordinance or, except for the right to transport the products defined in this Agreement, constitutes a public or private nuisance, where a nuisance is found by a Court of competent jurisdiction pursuant to a final unappealable decision. Licensee shall not locate, place, generate, store, manufacture, use or dispose of on or about such right of way any chemical, pollutant, toxic substance, hazardous material, waste or other substance that is in violation of any federal, state or local law, regulation, rule or ordinance pertaining to public health, safety or to the protection of conservation of the environment. f. Removal of Waste. Licensee shall remove all waste from installation of the pipeline within thirty (30) calendar days after the completion of installation of that certain segment of the pipeline that crosses the Property, and shall dispose of the same in a manner approved by the City Public Works Director. g. Relocation of Facilities. Licensee, at Licensee's sole cost and expense, shall protect, support, disconnect, relocate or remove from the Property all or any portion of its pipeline facilities when required by the City due to street or other public excavation, construction, repair, grading, regrading or traffic conditions; the installation, lowering, construction or relocation of sewers, drains, water pipes or municipally -owned facilities of any kind; or any type of improvement necessary for the public health, safety or welfare, as determined by the City in its sole discretion. Except in case of an emergency, the City shall give Licensee one hundred and eighty (180) days written notice that Licensee is required to protect, support, disconnect, relocate or remove Licensee's facilities and Licensee shall complete such removal within ninety (90) days thereafter. If Licensee reasonably requires more than ninety (90) days to comply with the City's written request, it shall notify the City's Director of Public Works and Director of Parks and Recreation, in writing, and Licensee shall be entitled to a one -time extension of an additional ninety (90) days. No additional time shall be permitted. h. Revocation, termination or expiration of license. Upon the revocation, termination or expiration without extension or renewal of this Agreement, Licensee's right to use the Property under this Agreement shall cease and Licensee shall immediately discontinue the transportation of oil, gas or petroleum products through the pipeline. Within six (6) months following such revocation, termination or expiration, and if the City requests, Licensee, at Licensee's sole cost and expense, shall remove the pipeline from the Property (or cap the pipeline, if consented to by the City) in accordance with applicable laws and regulations. If the Licensee has not removed the pipeline from the Property (or capped the pipeline, if consented to by the City) within six (6) months following revocation, termination or expiration of this Agreement, the City may deem any portion of the pipeline remaining on the property abandoned, and, at the City's sole option: (1) take possession of and title to the pipeline or (2) take any and all legal action necessary to compel Licensee to remove the pipeline; provided, however, that Licensee may not abandon the pipeline or discontinue its service without approval of the Texas Railroad Commission or its successor agency or any other regulatory authority with such jurisdiction. Operation of Pipeline. All pipeline operations shall be conducted in accordance with the rules of the Texas Railroad Commission and 49 C.F.R. Part 192, practices of a reasonable and prudent operator in the State of Texas and with state and /or federal laws, regulations, rules and requirements. All laws, regulations, rules and requirements regarding protection of the public health, water supply and natural resources shall be strictly followed. j. Drainage. Licensee shall plan and execute construction of Licensee's pipeline and the decorative rail fence along the north Right -of -Way of Onyx Drive (required by Section 9 (r) of this Agreement) so that no flood conditions are created or worsened on the surrounding land in full compliance with the City Code, Chapter 102: "Floods and Stormwater Management ", Ordinance 2498 and the Public Works Design Manual. k. Vegetation. In order to minimize erosion and sedimentation resulting from the proposed pipeline installation, the excavated portion of the Property and /or temporary workspace shall be repaired and revegetated in accordance with Texas Department of Transportation Standard Specifications For Construction And Maintenance Of Highways, Streets, And Bridges, Items 160 through 169, as amended, with appropriate watering as required until the revegetated areas are determined to be self- sustaining by the City Parks and Recreation Director. I. Commencement of Installation of Pipeline. Upon failure of Licensee to commence installation of the pipeline on the Property within one hundred twenty (120) calendar days from the execution of this Agreement, or to complete installation of the pipeline on the Property within sixty (60) calendar days thereafter, one hundred eighty (180) days from the execution of this Agreement this License shall expire. M. Protection of Public Rights -of -Way. Licensee shall repair damages caused by Licensee or its contractors, subcontractors, employees, and agents, excluding ordinary wear and tear, if any, to roadways that abut the above described property being used by Licensee for the activities contemplated herein. Licensee shall make a videotape of such roadways prior to the start of Licensee's operations contemplated herein and shall provide a copy of the videotape to the City Public Works Director. Licensee shall notify the City Public Works Director when burial of the pipeline is complete so that the City Public Works Director can determine if repairs are required. In connection with its obligation to repair said roadways, Licensee shall use materials of the same or better quality than those utilized to surface and /or repair the roadways prior to execution of this Agreement and in accordance with the City's Public Works Design Manual. Deviation from the materials described herein shall not be permitted without the prior written consent of the City Public Works Director. Repairs shall be completed in accordance with standard engineering practices acceptable to the City. Licensee shall repair the damage to the roadways at its sole cost and expense. n. Surface Use of the Property by City The City shall be able to use the surface of the Property, without notification to the Licensee, for all appropriate municipal purposes including, but not be limited to, soft and hard surface trails, signage, park furniture and other amenities subsequent to the completion of construction and any necessary clean up. o. Heavy Vehicle Traffic. Licensee shall ensure that vehicles weighing over 80,000 Ibs and traveling through residential neighborhoods and public or private parks shall be escorted by a vehicle escort service through such residential neighborhoods, public and private parks and shall not travel in excess of ten (10) miles per hour. P. Salt Water. Licensee shall not dispose of any salt water in its custody or control within the territorial limits of the City of North Richland Hills q. Pressure Monitoring. Pipelines subject to this Agreement shall be constructed with an automated pressure monitoring system that detects leaks and shuts off any line or any section of line that develops a leak. In lieu of such system, Licensee may have 24 hour pressure monitoring of the pipeline system which provides monitoring of the pipeline within the City limits. Any monitoring system(s) shall emergency response providers in order to leak r. Protection of Trees be keyed to or required to notify the City's provide them with immediate notice of any Licensee agrees to comply with the requirements of Chapter 114, Article II "Trees" of the Code of Ordinances, City of North Richland Hills, Texas (the "Tree Preservation Ordinance ") with respect to its activities on the property described as Exhibit "A2" and Exhibit "C ". If any "protected trees," as that phrase is defined in the Tree Preservation Ordinance, are removed from the Property without prior written authorization from the City of North Richland Hills Director of Planning and Development, or if a protected tree is injured because of failure to follow required tree protection measures such that the tree dies or may reasonably be expected to die, a monetary penalty of $250.00 per - caliper -inch of width of the protected trees removed or damaged shall be paid by Licensee in addition to applicable mitigation in accordance with the formula used to calculate original anticipated tree loss which resulted in the net mitigation fee originally assessed in Section 5 B. of this Agreement. S. Decorative Rail Fence Licensee shall install a decorative rail fence, as depicted in Exhibit "E" hereto, with a lockable security gate along the north Right -of -Way of Onyx Drive for the length of the existing post and cable fencing. Licensee must fully install the decorative rail fence by no later than 365 days after the effective date of this License Agreement; provided however, that this requirement may be satisfied by a third party gas utility company occupying the licensed area depicted on Exhibit "A" hereto. Such fencing shall be installed in full compliance with the Code of Ordinances, City of North Richland Hills, Texas, Chapter 102: "Floods and Stormwater Management ", Ordinance 2498 and the Public Works Design Manual to the extent that it does not conflict with the rules and regulations promulgated by the U.S. Department of Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations, Title 49, Part 192, as adopted and modified by the Texas Railroad Commission. Licensee is solely responsible for securing the necessary approval for its proposed operations from the Federal Emergency Management Agency. 10. Insurance. a. Required of Licensee. Licensee shall provide the City Public Works Director with proof that Licensee has insurance of the following types and limits in effect: Commercial General Liability $ 5,000,000 per occurrence Property Damage Liability $ 1,000,000 per occurrence Automobile Liability $ 1,000,000 per accident, including, but not limited to, all owner, hired or non -owned motor vehicles used in conjunction Licensee's use of the Property. Licensee's primary and secondary insurance shall be underwritten by entities authorized to do business in the State of Texas and who are acceptable to the City in terms of solvency and financial strength. Licensee's insurance policy or policies shall name the City as an additional insured and cover all public risks related to Licensee's use of the Property. Deductible or self insured retention limits of any line of coverage required herein shall not exceed $1,000,000 per occurrence unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. The City shall have the right to revise the insurance coverage requirements under this Agreement upon a reasonable determination by the City Public Works Director that Licensee's use of the Property mandates such a revision. Licensee shall comply with such revised requirements within thirty (30) calendar days of receipt of written notice from the City of such a revision. Such policies shall provide that the amount of coverage cannot be reduced, or the coverage canceled, without thirty (30) days prior written notice to the City. b. Required of Licensee's Contractors. Licensee shall require any contractors who undertake construction, installation, maintenance, repairs or work that requires the excavation or other physical use of the Property to maintain insurance of the same types as provided by Section 10(a) of this Agreement with reasonable limits. 11. Liability of Licensee. Licensee shall be liable and responsible for any and all damages, losses, liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands, defenses, judgments, lawsuits, proceedings, costs, disbursements or expense, to include, without limitation, fees, disbursements and reasonable expenses of attorneys, accountants and any other professional advisors and of expert witnesses and of costs of investigation and preparation of any kind or nature whatsoever (collectively "Damages "), which are proximately caused by (1) the construction, installation, operation maintenance or condition of the pipeline, pipeline pig launcher or any related facilities or appurtenances; (2) the transportation of oil, gas or petroleum products through the pipeline; (3) any claim or lien against the property arising out of work, labor, materials or supplies provided or supplied to Licensee, its contractors, or subcontractors; or (4) Licensee's failure to comply with any valid and enforceable federal, state or local law, ordinance, rule or regulation applicable to the pipeline and appurtenances on the property, except to the extent directly caused by the negligence or intentional misconduct of the City. 12. Indemnity. LICENSEE SHALL INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, COSTS, LIENS, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING PERSONAL OR BODILY INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE CAUSED SOLELY BY THE NEGLIGENT ACT, ERROR, OR OMISSION OF LICENSEE OR ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, AFFILIATE OR SUBCONTRACTOR OF LICENSEE, OR THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS OR REPRESENTATIVES, WHILE INSTALLING, REPAIRING, OR MAINTAINING FACILITIES ON THE PROPERTY. THE INDEMNITY PROVIDED UNDER THIS SECTION DOES NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF THE CITY, ITS OFFICERS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS. IF LICENSEE AND THE CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT WAVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THIS SECTION 12 IS SOLELY FOR THE BENEFIT OF THE CITY AND THE LICENSEE AND DOES NOT CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. LICENSEE OR CITY SHALL PROMPTLY ADVISE THE OTHER IN WRITING OF ANY KNOWN CLAIM OR DEMAND AGAINST THE CITY RELATED TO OR ARISING OUT OF LICENSEE'S ACTIVITIES ON THE PROPERTY OR IN THE PUBLIC RIGHT -OF -WAY SUBJECT TO THIS LICENSE AGREEMENT. 13. Licensee as Independent Contractor. It is expressly agreed and understood that Licensee shall operate as an independent contractor as to all rights and privileges granted by this Agreement, and not as an agent, representative or employee of the City. Licensee acknowledges that the doctrine of respondeat superior shall not apply as between the City and Licensee, its officers, agents, employees, contractors and subcontractors. Licensee further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and the Licensee. 14. Default. The occurrence at any time during the term of this Agreement of one or more of the following events shall constitute an "Event of Default" under this Agreement: a. Breach. An Event of Default shall occur if Licensee materially breaches or violates any of the terms, covenants, representations or warranties set forth in this Agreement or fails to perform any obligation required by this Agreement. b. Bankruptcy, Insolvency or Receivership. An Event of Default shall occur if Licensee (a) files a voluntary petition in bankruptcy; (b) is adjudicated insolvent; (c) files any petition or fails to contest any petition filed against it seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any laws relating to bankruptcy, insolvency or other relief for debtors; (d) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master, custodian or liquidator of Licensee, any of Licensee's property or any revenues, issues, earnings or profits thereof; (e) makes an assignment for the benefit of creditors; or (f) fails to pay Licensee's debts generally as they become due. C. Violations of Law. An Event of Default shall occur if the pipeline or appurtenances on the Property or Licensee's operation of the pipeline on the property violates any existing or future valid and enforceable federal, state or local laws or any existing or future ordinances, rules and regulations of the City. 15. Uncured Defaults and Remedies. a. Notice of Default and Opportunity to Cure. If an Event of Default occurs on account of Licensee's failure to pay the License Fee in accordance with Section 5, such Event of Default shall be deemed an Uncured Default and the City shall have the right to terminate this Agreement immediately upon provision of written notice to Licensee. If an Event of Default occurs for a reason other than for failure to pay the License Fee, the City shall provide Licensee with written notice and shall give Licensee the opportunity to cure such Event of Default. For an Event of Default, Licensee shall have thirty (30) days from the date it receives written notice from the City to cure the Event of Default. If any Event of Default is not cured within the time period specified herein, such Event of Default shall, without further notice from the City, become an "Uncured Default" and the City immediately may exercise the remedies provided in Section 15(b). b. Remedies for Uncured Defaults. Upon the occurrence of an Uncured Default, the City shall be entitled to exercise, at the same time or at different times, any of the remedies set forth herein, all of which shall be cumulative of and without limitation to any other rights or remedies the City may have. C. Termination of Agreement. Upon the occurrence of an Uncured Default, the City may terminate this Agreement. Upon such termination, Licensee shall forfeit all rights granted to it under this Agreement and, except as to Licensee's unperformed obligations and existing liabilities as of the date of termination, this Agreement shall automatically be deemed null and void and shall have no further force or effect. Licensee shall remain obligated to pay and the City shall retain the right to receive License Fees and any other payments due up to the date of termination. Licensee shall remove the Pipeline from and restore the Property as and when requested by the City (or cap the Pipeline, if either consented to or required by the City). The City's right to terminate this Agreement under this Section 15(c) does not and shall not be construed to constitute any kind of limitation on the City's right to terminate this Agreement for other reasons as provided by and in accordance with this Agreement; provided, however, that Licensee may not abandon the pipeline without the approval of the Railroad Commission or successor agency or other regulatory authority with jurisdiction, if such action without such approval is prohibited at the time by applicable federal or state law or regulation. d. Legal Action Against Licensee. Upon the occurrence of an Uncured Default, the City may commence against Licensee an action at law for monetary damages or in equity for injunctive relief or specific performance of any of the provisions of this Agreement which, as a matter of equity, are specifically enforceable. 16. Emergencies. a. Work by the City. For purposes of this Section 16(a), a public emergency shall be any condition which, in the opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or man -made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed appropriate by the City Manager, Mayor, or Fire Chief, or their authorized representatives, including, but not limited to, action that may result in damage to the pipeline, and Licensee hereby (1) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for any Damages, as defined in Section 11, that may occur to the pipeline or that Licensee may otherwise incur as a result of such a response, and (2) agrees that Licensee, at Licensee's sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its pipeline that is affected by such action of the City. In responding to a public emergency, the City agrees to comply with all local, state and federal laws, including any requirements to notify the Texas One Call System, to the extent that they apply at the time and under the circumstances. In addition, if the City takes any action that it believes will affect the pipeline, the City will notify Licensee as soon as practicable so that Licensee may advise and work with the City with respect to such action. b. Work by or on Behalf of Licensee. In the event of an emergency that directly involves that portion of the pipeline located on the Property and which necessitates immediate emergency response work on or repairs to the pipeline, Licensee may initiate the emergency response work or repairs or take any action required under the circumstances provided that Licensee notifies the City in accordance with Section 9(a), above. After the emergency has passed, Licensee shall apply for and obtain a construction permit from the City Public Works Director and otherwise fully comply with the requirements of this Agreement. 17. Notices. Any notices required pursuant to the provisions of this Agreement or provided by the City or Licensee to the other shall be (a) hand - delivered to the other party, or (b) mailed through the United States Postal Service, postage prepaid, return receipt requested, addressed as follows: If to City: City of North Richland Hills Attn: City Manager 7301 NE Loop 820 North Richland Hills, Texas 76180 18. Compliance with Laws. If to Licensee: Enterprise Texas Pipeline, L.L.C. Land Department P.O. Box 4735 Houston, Texas 77210 -4735 Licensee agrees to comply with all valid and enforceable federal, state and local laws; all ordinances, rules and regulations of the City; and all valid and enforceable directives of the City Fire Marshal in order to protect the public health, safety and welfare. 19. No Waiver. The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert any such right on any future occasion. 20. Governing Law and Venue. This Agreement shall be construed pursuant to and in accordance with the laws of the State of Texas and of the United States of America. Venue for any action, whether real or asserted, at law or in equity, that arises out of the terms of this Agreement shall lie exclusively in state courts located in Tarrant County, Texas and in federal courts for the Northern District of Texas, Fort Worth Division. 21. Conferences. At the request of the City, the City and Licensee shall meet at reasonable times and upon reasonable notice to discuss any aspect of this Agreement or Licensee's use of the Property. 22. Assignment. Licensee shall not convey, transfer, pledge, encumber or assign any of its rights under this Agreement without the prior written consent of the City. Any purported assignment that does not satisfy the foregoing condition shall be void. 23. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final order entered by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, including without limitation all available appeals, have been exhausted. 24. Headings Not Controlling. Headings and titles that are used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 25. Parties Bound. The rights, duties and obligations created by this Agreement shall be binding upon and inure to the benefit of the City, Licensee, and their successors and permitted assignees. 26. Entirety of Agreement. This Agreement contains the entire understanding and agreement between the City and the Licensee as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent it is in conflict with the terms and conditions of this Agreement. This Agreement shall not be amended except by a written agreement signed by both parties. 27. Recording of Agreement. It is agreed and understood that this agreement shall not be recorded as a public record in the real property records of Tarrant County. Executed this day of 12010. ATTEST: M City Secretary ENTERPRISE TEXAS PIPELINE, LLC By: (Signature) Marc Tausend, Land Representative THE CITY OF NORTH RICHLAND HILLS 0 City Manager 1 � EXHIBIT "A" DIAMOND LOCH 34 VOL 388 -56 PO 58 CPO DIAMOND OAKS LP TRACT TX -1IR- 0103.00000 - (suaoE aato) TX- TR- OlOB.00OOO IN=f D203411430 (m 7Ar 3e) - 35 JEFFREY BRIAN BAKER BLOCK 23 LOT 2 39A RICHLAND HILLS 388 37B WEST ADDITION 388 VOL 388-8 PO 115 13pQ15�itd� INST+ D204335950 OLW rwrm0) NYX DRIVE NORTH 150'R M 3 2 7 1 4 _ — - 5 - 8 Enterprise Texas Pipeline LLC 7 3 2 B CITY OF NORTH NCHLAND HILLS 9 CITY -OF NORTH TRACT TX- TR- 0098.0D000, .--- .. -TRAC - 7X -TR- 009&00000,._ - _ D WEFT ROBERT D SWEET TX-7R- OIDO.00DOO 10 R: 5 K 7X -TR- 0097.00000 RICHLAND HILLS INSTRO ACTS ONE & � 11 REM AT OF RICHLAND D267182341 (m Br t &0 VOL 6558 PO 78 HILLS WEST SEC 3 42 VIOL 388 -78 PO 25 5 fm 4 4A) (sD 0wr30) VOL 388 -180 PO 41 AM MOM A -1. B. td 13 14 (m 4 4A) 14 ROMEA41EnT 0avm 15 11/0/06 TRACT ONE 16 �tiJIM 17 REngn aslant CITY OF NORTH 18 HAMM RICHLAND HILLS 19 s VOL 14885 PO 144 r1u Pd (m aL) 40 22 JIY 21 REVISE EA9:il61T 1.oanal CITY OF NORTH 23 I -I PJCHLAND HILLS -vT I OLM"a f 51(Y PG 59 n � 24 _ — - .. .. _ _. - N. Enterprise Texas Pipeline LLC 3 2 1 _ - - -- OF- NORTH-RICNLAND- NJLIS- -- BIRDVILLE !SD CITY -OF NORTH _ .--- .. -TRAC - 7X -TR- 009&00000,._ - _ - _ .._RIdiLAND .HMS _.... -.... - TRACT TX -TX-0098 D0000 L4T5 3-7 TX -1R- 0100.00000 dt 1X- 7R- 01D1.00000 7X -TR- 0097.00000 RICHLAND HILLS [ i DOWNTOWN DESIGN SERYICES, INC. TRACTS 8 INSTRJ 0207397BD4 r t GaJ ` 5 VOL 8 PO 79 w VOL 388 -180 PO 41 AM MOM A -1. B. td ' 14 (m 4 4A) (saa0 04130) ROMEA41EnT IN I �tl F+iuf�'E uEf.iNFi' 7')1 N69'26' 9 "E (GRID) IN THE STATE AP GF7TEXAS NORTH CENTRAOU20 ZONE, BEARS (CM) CONTR01. YawuwT (ASSUSOR'S DATA) - - - — APPMMA1E ABSTRACT LW V:\ 57871\ ACnVE\ 18710EOBO\ORAWI NC\200_7BL\iMEI"S\CSOBOV- 200- EXHIBT- OOO&OD000.010o.00DO -0101.000MON Enterprise Texas Pipeline LLC PROPO M RPM= CRO5 W TRACT 7X- TR- 009&00000- 0100.00000- 0101.0000 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS TRINITY RIVER BASIN LATERAL [ i DOWNTOWN DESIGN SERYICES, INC. 5 GIAMM w PEN AM MOM A -1. B. td ' 10Ho/9P' ] PEY ROMEA41EnT 0avm snu 11/0/06 saac l' -3w ' �tiJIM Pd REngn aslant p =y PRA P61 HAMM 0 150' 300' 41FFT 1 nr A am Stanlea LClnuulUnp Inc. inw � 1+,P M t� anm19to1�� s /mpP r1u Pd REV an: m stlR,iP JIY i PE4 REVISE EA9:il61T 1.oanal OA1t I -I APP. I OLM"a f EXHIBIT "A" CPG DIAMOND DAKS LP TRACT TX -TR-- 0103.00000 TX- TR- 0108.0000() INSTRf D20341WO rM PAT JO) N89'28'49'E 53.84' POINT OF BEGINNING N89'26'49'E 20.41' 20.00' SANITARY k WATER EASEMENT VOL 5521 PG 582 20' TEMPORARY WORKSPACE 20' LICENSE AREA NO. 1 34.128 SFt 0.783 ACf CITY OF NORTH RICHLAND HILLS TRACT TX- TR- 0098.00000. TX -TR- 0100.00000 & TX- TR- 0101.000OD TRACTS ONE Lt TWO VOL 6558 PG 78 (TR 4. 4A) TRACT ONE ) - 1$" -!O DIAMOND LOCH VOL 388-50 PG 58_ (suBO� 9a4o) 38 FOUND 5/8' 30' SANITARY EASEMENT VOL 7168 / PG 986 SHEET 3 w JEFFREY BRIAN BAKER BLOCK 23 LOT 2 RICHLAND HILLS WEST ADDITION VOL 388-6 PG 115 INST# 8204335950 (WHO p4130) ONYX DRIVE NORTH (50' ROW) SANITARY & WATER EASEMENT VOL 5521 PG 582 2 4 5 e - 7 •REPLAT OF RICHLAND HILLS WEST SEC 3 VOL 388 -78 PG 25 • (suao E74tJO) _ 11 12 J -� m 13 14 15 16 B' ELEC EASEMENT VOL *,_/ 2 373 20 If 9y� �GN a (CM) CONTRDL YCMMENT (ASSMM'S DATA) — - - - - APPROMMATE ABSTRACT UNE COMBINED SCALE FACTOR: 1.000147269 k\ i2B7i\ACItVE \107108DB0\DRANINC\ 200- -MBL\E MMT5 \01000V- 200- MIBT- MILODOOO- 0100.00000 - 0101.0 XMDWG EASEMENT TABLE I I E Enterprise Texas Pipeline LLC EN7E11.1NE LEN01H 1.624.76 FT 1 1111.59 RDS UCENSE AREA 34495 SF 0.637 AC PIPEIPIE CROSM IELP. WORKSPACE 17.073 SF I 0.392 TO ACT TX- D - 0101.ODM IttO'L WORKSPACE 95.766 5F 2.180 AC CITY OF NORTH RICHLY COUNTY OF TARRANT. STATE OF TEXAS ■ 20' LICENSE AREA NO. 1 • s m1" m Fm Atom 67SS O A -1.1L At: TRINITY RIVER BASIN LATERAL DOWNTOWN DESIGN SERVICES, INC. 4 '"M srt►1 Pa IQVSm FAtas®Ir ,TM s1w u/IS/w LcAtt, t' -mo 3 0/CtMSIIYPE11 RL1tSeaEA9n71C °� !w 111,11w D 1D0' 200' U3n9 InC .LB POI MY OAR CF MM PROM �Lybyw�fYE�w 7bm tL 0171211 -11-110 MMIAN .W POI REVISE GA7IOIT LCCASON RCna1 ryly11Y�0 azjz "`�"1P BY AP E. OESOiPAON A"NO� %w 2 OF 4 -- SIRDVILLE 150 WORKSPACE LOTS 3-7 RICHLAND TRACT TX- TR- 0096.00DOD k NO. 3 HILLS WEST ADDITION TX -TR- 0097.00000 ADDITIONAL VOL 388 -180 PG 41 INSIR/ D207 WORKSPACE Imo 04f3o) (m t, r c -B) -e) NO. 4 A 20 -FOOT LICENSE AREA ACROSS A PORTION OF THE PARCEL DESCRIBED AS TRACT ONE do TRACT TWO IN VOLUME 6558 AT PAGE 79, AND ACROSS A SANITARY AND WATER EASEMENT DESCRIBED IN VOLUME 5521 AT PAGE 552 AND ACROSS A B -FOOT ELECTRIC EASEMENT DESCRIBED IN VOLUME 3085 AT PAGE 373 ALL OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE MAHALY LYNCH SURVEY, ABSTRACT 953, DESCRIBED AS FOLLOWS: BEONNINO ON THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 6558 AT PAGE 79 FROM WHICH A FOUND 5/8' IRON ROD BEARS N89'2649'E 53.84 FEET AND THE NORTHEAST CORNER OF SAID PARCEL BEARS N8976'49'E 349.50 FEET. THENCE S12'04'14'E A DISTANCE OF 854.85 FEET TO THE WESTERLY LINE OF THE 3O -FOOT SANITARY SEWER EASEMENT DESCRIBED IN VOLUME 7168 AT PAGE 986; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING THREE (3) COURSES: 1. THENCE SOT33'13'E A DISTANCE OF 280.77 FEET; 2. THENCE S11'40'30'E A DISTANCE OF 565.90 FEET; 3. THENCE 500'02'40 "W A DISTANCE OF 4.92 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT ONE FROM WHICH THE SOUTHEAST CORNER OF SAID TRACT TWO MONUMENTED BY A FOUND 1/2' IRON ROD BEARS N89'41'39'E A DISTANCE OF 396.67 FEET; THENCE S89'41'39'W ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 20.00 FEET. 1HENCE-PARALIS- WITH -AND ZO:00 -FEET- WEMOL -Y -FROM THE- WESTERLY BOUNDARY -OF- -SAID -3D -FOOT- SANITARY SEWER EASEMENT THE FOLLOWING THREE (3) COURSES: 1 _ THENCE_NOOn2'40"E_&MSjANCE OF 2.99 FEET;- --------------- --------------------- ._._. .... ... 2. THENCE N11'40'36'W A DISTANCE OF 565.44 FEET; THENCE 88'2 49 E3ALONGASAIDTNORTHERLY BBOUNDARY A DISTANCE OF 20.41 FEET TO THE POINT OF BEGINNING THENCE N12'04leW A DISTANCE OF 857.26 FEET TO SAID NORTHERLY BOUNDARY; , CONTAINING 34.128 SQUARE FEET OR 0.783 ACRES, MORE OR LESS. F � /o / (CM) CONTROL EXHIBIT "A" W� '�71�AC�IVk�1B710B080wRAYdN6�2� iRBL�E% H�B�75�0601 {OV- 20bE7709T-9096.aU001:- 0100.00000- otO1.00000.05YG 0 9s! 40 Enterprise Texas Pipeline LLC 17 SEE SHEET 2 FOR MpYCN SHEET 2 — S` mt 18 2O' LICENSE ooS S! ELEC EASEMENT CITY OF NORTH AREA NO. 1 o I VOL 3085 PG 373 RICHLAND HILLS 34.128 SF* °i 130' SANITARY 20 TRACT TX -TR- 0098.00000. 7X- TR- O1D0.00000 0.783 ACf 1 I SENT 21 22 & TX -TR- 0101.00000 TRACTS ONE & TWO 20 1 ADDITIONAL j 1 VOL 7168 PG 986 I ADDITIONAL 23 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT STATE OF TEXAS 20' LICENSE AREA NO. 1 VOL 6558 PG 79 4A) WORKSPACE N0. 1 \' 1 WORKSPAC 25 NO. N0002'40'E 1 1 2' 1SOOb2'40'W TWO FOUND a 299' I 1 RON ROD 4.92 ONYX DRIVE SOUTH (50' ROW) S89'41'39'W I `h N8941 39'E 396.67' ---(cm) I I ND 1/2' IRON BL 17 • 8' ELECTRIC 20' LICENSE I ROD (CAI) ff.= pMofT EASEMENT AREA NO 2 l 7 6 5 4 3 2 1 ■�ufs r .anaf VOL 3085 PG 373 a ■1m PTJt ADDITIONAL CITY OF NORTH rat uA�/00 0 100' 200' RICHLAND HILLS 2 SIRDVILLE 150 WORKSPACE LOTS 3-7 RICHLAND TRACT TX- TR- 0096.00DOD k NO. 3 HILLS WEST ADDITION TX -TR- 0097.00000 ADDITIONAL VOL 388 -180 PG 41 INSIR/ D207 WORKSPACE Imo 04f3o) (m t, r c -B) -e) NO. 4 A 20 -FOOT LICENSE AREA ACROSS A PORTION OF THE PARCEL DESCRIBED AS TRACT ONE do TRACT TWO IN VOLUME 6558 AT PAGE 79, AND ACROSS A SANITARY AND WATER EASEMENT DESCRIBED IN VOLUME 5521 AT PAGE 552 AND ACROSS A B -FOOT ELECTRIC EASEMENT DESCRIBED IN VOLUME 3085 AT PAGE 373 ALL OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE MAHALY LYNCH SURVEY, ABSTRACT 953, DESCRIBED AS FOLLOWS: BEONNINO ON THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 6558 AT PAGE 79 FROM WHICH A FOUND 5/8' IRON ROD BEARS N89'2649'E 53.84 FEET AND THE NORTHEAST CORNER OF SAID PARCEL BEARS N8976'49'E 349.50 FEET. THENCE S12'04'14'E A DISTANCE OF 854.85 FEET TO THE WESTERLY LINE OF THE 3O -FOOT SANITARY SEWER EASEMENT DESCRIBED IN VOLUME 7168 AT PAGE 986; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING THREE (3) COURSES: 1. THENCE SOT33'13'E A DISTANCE OF 280.77 FEET; 2. THENCE S11'40'30'E A DISTANCE OF 565.90 FEET; 3. THENCE 500'02'40 "W A DISTANCE OF 4.92 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT ONE FROM WHICH THE SOUTHEAST CORNER OF SAID TRACT TWO MONUMENTED BY A FOUND 1/2' IRON ROD BEARS N89'41'39'E A DISTANCE OF 396.67 FEET; THENCE S89'41'39'W ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 20.00 FEET. 1HENCE-PARALIS- WITH -AND ZO:00 -FEET- WEMOL -Y -FROM THE- WESTERLY BOUNDARY -OF- -SAID -3D -FOOT- SANITARY SEWER EASEMENT THE FOLLOWING THREE (3) COURSES: 1 _ THENCE_NOOn2'40"E_&MSjANCE OF 2.99 FEET;- --------------- --------------------- ._._. .... ... 2. THENCE N11'40'36'W A DISTANCE OF 565.44 FEET; THENCE 88'2 49 E3ALONGASAIDTNORTHERLY BBOUNDARY A DISTANCE OF 20.41 FEET TO THE POINT OF BEGINNING THENCE N12'04leW A DISTANCE OF 857.26 FEET TO SAID NORTHERLY BOUNDARY; , CONTAINING 34.128 SQUARE FEET OR 0.783 ACRES, MORE OR LESS. F � /o / (CM) CONTROL f o 4TTN APPROX NAM ABSW= LINE COMBINED SCALE FACTOR: 1.000147269 W� '�71�AC�IVk�1B710B080wRAYdN6�2� iRBL�E% H�B�75�0601 {OV- 20bE7709T-9096.aU001:- 0100.00000- otO1.00000.05YG Enterprise Texas Pipeline LLC SEE SHEET 2 FOR PR p PIMME CROSSING EASEMENT INFORMATION TRACT IX- TR- OM&CO00D- 010400000 - 0101.00001 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT STATE OF TEXAS 20' LICENSE AREA NO. 1 ■ a " M PE11 AMM MM= AA. & ao TRINITY RIVER BASIN LATERAL DOWNIM DESIGN SERVICES, INC. • ispo%s sm1 m ff.= pMofT ��■ oy Stitt u/m/aa ■�ufs r .anaf a tVw/as ■1m PTJt PcNsOU TASGtWT o my rat uA�/00 0 100' 200' C01uUlanQ InQ T� >x 47 t� 2 /1V YN Fd1 1[Y OAft CF =IRlil �� mgm CIAS1MlsC M1 1817 R 7N/0 &SM Smq,t 1 a� — pa �� FA43IGT IDG110N r�...i17. o...... te r. ► WE BY AP►. DCZFWRM "�01° SI1EfTY OF4 EXHIBIT E'AEs IrOA4 IJ 5g po AREA OS t ti •sS mm 18 �¢NyvtLV� TRACT ONE 1 p 19 I 1 30' SANITARY 20 CITY OF NORTH RICHLAND HILLS ADDITIONAL TRACT TX- TR- 0098.00000, 1 EASEMENT VOL 7168 FOUND 1/2" 76 TX- TR- 0100.00DGD WORKSNAOCE r j PG. IRON ROD &TX -TR- 0101.00000 TRACTS ONE do TWO j j ADDITIONAL etrlllEC Canwlllnp Inc, 25 VOL 65511 PO 79 I (JR 4A) N89'41'3rE 20.00' 1 1 WORKSPAC TRACT 1 NO. 2 ADDITIONAL WORKSPACE NO. 3 1 TWO 1 L - -- � (CM Bt10 K 1. r!0 IRON Ii0' ONYX DRIVE SOUTH (50' ROW) I ! LICENSE 00.02 40 E ° N 9 41'39 "E 398.15' a- AREA . 2 118.38 I BLOC 17 EASEMENT 7 e 5 4 3 2 VDL 3085 PG 373 0.054 ACt I ( 5 9 014 W 1000.27' CITY OF NORTH RICHLAND HILLS POINT OF BEGINNING LOTS 3-7 RICHLAND N 6981342.11 HILLS WEST ADDITION N 6981333.45 E 2352585.44 VOL 388 -180 PG 41 E 2351585.22 S8930'14'W 20.00' ADDITIONAL WORKSPACE NO. 4 SOO'02'40'W DESCRIPTION OF LICENSE AREA N0, 2 118.15' A 20 -FOOT LICENSE AREA ACROSS A PORTION OF TRACT ONE AS DESCRIBED IN VOLUME 6558 AT PAGE 79 AND ACROSS A B-FOOT ELECTRIC EASEMENT DESCRIBED IN VOLUME 3085 AT PAGE 373 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE MAHALY LYNCH SURVEY, ABSTRACT NUMBER 953, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY BOUNDARY OF SAID TRACT ONE FROM WHICH ITS SOUTHWEST CORNER BEARS S89 30'14 "W 1000.27 FEET; THENCE N00'02'40'E A DISTANCE OF 118.38 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF ONYX DRIVE SOUTH; THENCE NB9'41'39 "E ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 20.00 FEET FROM WHICH THE NORTHEAST CORNER OF LOT 3 BLOCK 17 RICHLAND HILLS WEST ADDITION FILED IN VOLUME 388 -180 AT PAGE 41 MONUMENTED BY A FOUND 1/2' IRON ROD BEARS N69'41'39'E A DISTANCE OF 398.15 FEET; THENCE SOD'O2'40'W A DISTANCE OF 118.15 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT ONEI THENCE S89'3d14'W ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 20.00 FEET TO THE POINT OF CONTAINING 2,367 SQUARE FEET OR 0.054 ACRES, MORE OR LESS. BEARS- N8926449'E- (GRID)- IN -THE- STATE - OF-TEXAS -- - - - - -- NORTH CENTRAL 4202 ZONE StJW6tYOR!S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM N ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND 'ORRECT. 171E OF SURVEY: �JL� 17/12/07- 05/23/09 PAUL E. MANNEL REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5533 DATE OF SIGNATURE: (CM) mtJmaL JJOrnJMEr4r (ASSESRWT DATA) — - - — APPROMME ABSTRW UNE COMBINED SCALE FACTOR: 1.000147269 V: \ 5781 \A"VE\t 671 D- 000- Enterprise Texas Pipeline LLC SEE SHEET 2 FOR rnaPasEB PrEJN He EASEMENT INFORMATION TRACT TX- TR- 0091LOM 0- 010400000- m01.OW CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS irr/rl S OVw/w •sS mm I Amm wsm A-1. & Aa DOWNTOWN DESIGN SERVICES, INC. PFJI MISM EASDW P8J IEVM EAYJIWr etrlllEC Canwlllnp Inc, Bt10 K 1. r!0 44M)W Pei Kv oA>E or Sam rL fa,14 Tl 71140 7A JV=1110 PEW A'EM E MOff LWAT1011 Ew n trw MP. OPD�a lira& r .2w 0 1o0' 200' SHEET 4 OF 4 r \/1 IIr11 -r ff A ff h ONCDR ELECTRIC [ DELIVERY CO LLC TRACT TX -11R- 0119.00000 VOL 2888 PG 449 t (IR ID) 1 CITY OF NORTH RICHLAND HILLS Pa$V IRON NORM WEST ADDITION SO �S5�m I [ CAB A SL 1837 t ' VOL 12088 PG 378 ' (sueDA4 2010) CITY OF NORTH RICHLAND HILLS TRACT 7X -TR- 0115.00000 ' TX- TR- D118.00000 TX -TR- 0117.00000 TX -TR- 0118.00000 VOL 9458 PG 538 ;[ (IN In3 aH w 2u) + [ JESSIE ZIEMER EST VOL 7981 PG 144 + [ (M lrlu) DAVID LEE MCDAVID EIUX NANCY TARA EPPERSON [ LOT 1 BLOCK 6 VOL 7(m 1455 DIAMOND OAKS H NORTH ADDITION VOL. 388-23 VOL 25 v [ VOL 15768 PC 484 F+ BEVERLY MCCAULEY VOL 7(w Inca) 427 DARYL R & TERRY L DIAMOND OAK IV FLORA MAE BRAWNER C% LOT 8 BLOCK 7 NORTH ADDITION S f[ DIAMOND OAKS NORTH ADDITION y'� VOL 388-23 PO 25 VOL 388 -23 PC 25 IN OT BLOCK 5 (sued Paso) MICHAEL C HANDY ETAL ....._.. .... _ _.._ -. -._ --' --LOT 3- BLOCfLe - - -- - -- --- - __ELMER-O-STANLEY -- - DIAMOND OAKS NORTH ADDITION ..... _. ___. __ JOHN_JC___ _VIX .8982...PG 1938....._ .... _ WL 388 =23-PO 25..---..__._ -- - -- VOL 18347 PG 408 ANGELA BLOCK 6 (m T) (aver Pam) LOT 4 BLOCK 6 DIAMOND OAKS NORTH ADDITION VOL 388-23 PG 25 1- 15"- Ja INSTR D204l9M4.1 , (sveG /sem) + I �E of rF BASIS OF BEARING: THE SOUTHERLY LINE OF THE PARCEL DESCRIBED IN VOLUME 9458 PAUL- E........ �- PAGE 538 -OF- THE - TARRANT- COUNTY RECORDS BEARS SB9'24'40 -.W (GRID) IN THE STATE 5533 „ = OF TEXAS NORTH CENTRAL 4202 ZONE. (CM) CONTROL MONUMENT (ASSEMM'S DATA) .._......... _ .-- APPROXIMAIE ADSTRAOT LINE Enterprise Texas Pipeline LLC PROPOSED PIPELINE CROSS NO TRACT TX -TR-- 0115.00000 - 0118.00000 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT. STATE OF TEXAS TRINITY RIVER BASIN LATERAL Om � DOWNTOWN DESIGN SERVICES, INC. a GI/11f /lo m PEM Acorn Doer; A -1 : e ' IGnE/// sm, Pau nLHS1D rArEle,r wN UN 11ANI a SCA,Et r -xov a oe/w um m MY GATE OF SURVEY p p sECnGR N APPRROMEO PEM N/t0/00 U 100' 200 "FT 1 OF 4 5tanlse Consulting Inc, ��,/�� 7SY BE l7 m T- w7 11 fa,a rr i1 117 "Livia .EOt.. n71011Ma Vlnlr i1ei°`°° 2 11/11/111 5510 PEI RENSEA EASEl4r /r I 12AOIM SLIM PEM CHANGED AMMONAL T IV OAIE aT APP. WSW = EXHIBIT "A's ' I 32 Q.P 21 jl 31 �`.1�� LOCK 11 22 30 MEADOW ADDITION 23 I 29 CAB A SL 32 24 (--1 23423) 25 27 28 26 BLOC 11 12 a� 13 CITY OF NORTH RICHLAND HILLS TRACT TX- TR- 0115.D000D 1 TX -TR- 0118.00000 i} TX -TR- 0117.00000 TX- TR- 0118.00000 VOL 9458 PC 538 1 I (TR IFTJ V 2M W) I I MEADOWLA 06E COM IM2PDASSN VOL I I x s TERRY & DELORES v ROWNING ETUX AV, VOL 13426 PG 183 cm-2sw I -. ........- .----- --- - -- - - -- -.I . --- ------- - -- ..._.; ¢AS��oo )CK Al o f 8 f 7 1 6 II / VOL 388 -206 PO 62 CITY OF NORTH RICI{LAND HILLS 'TRACT TX -'IR- 0115.00000 TX- TR- 0116.00DOO - (St/60 jf438o) TX- TR- 0117.ODDOO TX- TR- 0118.00D00 I CIRCLE T GIRL SCOUT COUNCIL VOL 9458 PO 538 1 (M IFI3 2N 2U 2A3) BLOCK I 2 STANLEY 36 3 35 yo I34 __..._ _ Q`Jfv ' I 32 Q.P 21 jl 31 �`.1�� LOCK 11 22 30 MEADOW ADDITION 23 I 29 CAB A SL 32 24 (--1 23423) 25 27 28 26 BLOC 11 12 a� 13 CITY OF NORTH RICHLAND HILLS TRACT TX- TR- 0115.D000D 1 TX -TR- 0118.00000 i} TX -TR- 0117.00000 TX- TR- 0118.00000 VOL 9458 PC 538 1 I (TR IFTJ V 2M W) I I MEADOWLA 06E COM IM2PDASSN VOL I I x s TERRY & DELORES v ROWNING ETUX AV, VOL 13426 PG 183 cm-2sw I -. ........- .----- --- - -- - - -- -.I . --- ------- - -- ..._.; ¢AS��oo )CK Al o f 8 f 7 1 6 II / VOL 388 -206 PO 62 VOL 8893 PO 1730 I - (St/60 jf438o) I CIRCLE T GIRL SCOUT COUNCIL TRACT TX -IR- 0112.00000 PEE pF TF+ TX -TR- 011100000 VOL '6 � TE R •.y 88 PG 374 T Pa ;J► (m X ZAS) GENE do JOAN ..:... .. :.. STANLEY PAUL E MANNEL TRACT TX =TR- 0111.00000 VOL 12980 PO 416 f M 2A -IF) (CM) CONTROL MONUMENT (ASSMWT DATA) __..._ _ _ ..._.. APPA010MATE ARSTRACT LINE V. \ 52871 \ACGVE\ 107108M\GRAWW0\200 _rRBL\EXHMT5\O8G80V- 200- E10118T- 0115.00000- 0118.00000.ONG rA Enterprise Texas Pipeline LLC PROP0520 PIPEL2iE CROSHNG TRACT TX -TR- 0115.00000 - 0118.00000 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS TRINITY RIVER BASIN LATERAL C3 s 01/O a .la PEM AwEO mills A -1 t 0 DOWNTOWN DESIGN SERVICES. INC. m1n1a6 SJ117 pp1 ^E"m EAg116Rr s or sn17 v/us/m scar, r .200 3 06/03 .MM POW REV PAT OF RM%v omm PR6F1:7 N IM SEMON Fd tt/lo/¢e 0 100' 200' ^\ St7101ec Consulling Inc 2630 ff V 670 V r v...:n L 2 03/16 /w sWO PDA RE117iG F.ASi71EN7 to . of L� III •�y FJ� 5,2004 �, II II CITY OF NORTH g47 0 II RICHLAND HILLS (CM f8 IIATX R- 0116.00000 II, TX -TR- 0117.00000 111 VOL 9453 PC 538 (RI InJ 2N 2M 2A3) I I I LINE TABLE III 7.5' ELECTRIC UNE BEARING DISTANCE `j III Ss774 Ll S89'24'40'W 21.11' y III PG 1757 / L2 N72'10'00 -E 20.01' w 1 o: I I / II \ \ .1 111 (CM) i BLOCK 11 a. .1, III \ \ � I N 30 \� \ '•; I m MEADOW LAKES 13 - ADDITION \ \ o � CAB A SL 32 (St100/ 23425) EASEMENTARY 6g ? P 28 / VOL 7157 PG 792 I i, a \\ a� 01/0 6/3 TRACT TX -TR- 0111.0000 \\ (CM) VOL 12980 PG 416 -E OF.TF� I (n7 2A 39 \ CIRCLE T GIRL SCOUT COUNCIL SANITARY \ .............:.. MANNEL \\ EASEMENT \\ VOL 6729 PG 24D UL E; 5533 • FOUND IRON ROD W/YELLOW PLASTIC CAP Mmu r -maw A' SIN 10 I m/m/w \\ 5P'�V�s ( (ASSESSOR'S OATAJ - -- •- - — APPROAMATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.000147269 DOOR & KAY H \ \ 20' LICENSE LOT 3R BLOCK 11 \ \ AREA n� FOSSIL CREEK TRAILS \ \ 31,161 SF t VOL 388 -206 PG 62� \ \ 0.715 CITY OF NORTH \ \ ACS 1:; VOL 8893 PG 1730 (suet n4sBG) RICHLAND- ..HILLS \ TX= TR- o115.0D000......_ 9443 ROB > \ I \ TX- TR- 0116.00000 1. \ - ... -- - - -- ........_.._.- ....... ..._._..- TX -TR- 0117:00000 L..`... IUL a400 rc: 030 rTR IF13 2N 2M 2u) BASIS OF BEARINGS I S89'24'40'W) 1- II GENE do JOAN STANLEY BEGINNING 01/0 6/3 TRACT TX -TR- 0111.0000 MR VOL 12980 PG 416 -E OF.TF� I (n7 2A 39 �%STC '• 9 CIRCLE T GIRL SCOUT COUNCIL sm1 TRACT Tx- TR- 0112.00000 acTx- tR- atl3.a000D .............:.. MANNEL _VOL 468B PG 374 (iRaE -2AS) UL E; 5533 • FOUND IRON ROD W/YELLOW PLASTIC CAP Mmu r -maw ♦ FOUND 1/2- IRON ROD m/m/w (CM) CONTROL MONUMENT PEM (ASSESSOR'S OATAJ - -- •- - — APPROAMATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.000147269 k \52871\ACTI E 157108090 \ORAYANG\200 7RBL \EIDIIBI75 \OB080V- 200- EXHIOT- 0115.00000- 011 &OOOOO,OWr EASEMENT TABLE D 100' 2OD' SHEET 3 or 4 ��r:���jjf��'/''' elanl0a Canaalling M0, ZZA 7610 7t I7X 761 n ti a� 31710 w -+ rw at7j ala O,•.rrr ''""hL01" 2 mA6/m aND PEM Enterprise Texas Pipeline LLC U71G1N 1.55&03' 9443 ROB I 17/10/m sm PEM CHANGED A00R10NAL lE7R AREA 31,181 SF &715 AO REV. OAIE BY APP. OESCIum PROPOSED PIPELWE CROSM TRACT TX -TR- 0115.00000- 011B.000DO CITY OF NORTH RICHLAND HILLS KSPACE I N/A I N/A XSPACE N/A I N/A COUNTY OF TARRANT STATE OF TEXAS OQVYNTOWN DESIGN SffiVIG61 INC. a 01/0 6/3 AS MR ADDED MOTS A -1 ! 9 20' LICENSE TRINITY RIVER AREA BASIN LATERAL 4 1o/2Uw sm1 PEM RE115ED EA:Dlelf a"Aw" sml 11/00/m Mmu r -maw 3 m/m/w J14 PEM KV OAIE OF SURWY ° ®� POA 11/10/06 D 100' 2OD' SHEET 3 or 4 ��r:���jjf��'/''' elanl0a Canaalling M0, ZZA 7610 7t I7X 761 n ti a� 31710 w -+ rw at7j ala O,•.rrr ''""hL01" 2 mA6/m aND PEM RENSED EASEMENT rBOECr EwNm I 17/10/m sm PEM CHANGED A00R10NAL lE7R sccnoN REV. OAIE BY APP. OESCIum Apr!!= EXHIBIT "A" PROPERTY DESCRIPTION OF LICENSE AREA A 20 —FODT LICENSE AREA ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 9458 AT PAGE 538 AND ACROSS A 10 —FOOT SANITARY SEWER EASEMENT DESCRIBED IN VOLUME 6729 AT PAGE 240 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE SARAH SAWYER SURVEY, ABSTRACT 1425, ALSO IN THE WILLIAM A TRIMBLE SURVEY, ABSTRACT 1520, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY BOUNDARY OF SAID PARCEL FROM WHICH A FOUND 112" IRON ROD BEARS N47'20'41 "E 277.93 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY S8974'40 "W 21.11 FEET; THENCE N1915'10 "W 1554.90 FEET TO THE NORTHERLY BOUNDARY OF SAID PARCEL FROM WHICH A FOUND IRON ROD WITH A YELLOW PLASTIC CAP BEARS 572'10'00 "W 942.04 FEET: THENCE ALONG SAID NORTHERLY BOUNDARY N72'10'GO "E 20.01 FEET; THENCE S19'16'10 "E 1561.16 FEET TO THE POINT OF BEGINNING; CONTAINING 31,161 SOUARE FEET OR 0.715 ACRES, MORE OR LESS, BASIS OF BEARING: THE SOUTHERLY LINE OF THE PARCEL DESCRIBED IN VOLUME 9458 PAGE 538 OF THE TARRANT COUNTY RECORDS BEARS SB9'24'40 "W (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE. THAT- THE- ABOVE - PROPERTY- DESCRIPTION -WAS- PREPARED - FROM - PUBLIC - RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. 11 OF SURVEY: 07 „5 07/12/07 — 05/23/09 �l�i„w`JC /� PAUL E. MANNEL REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5533 DATE OF SIGNATURE: / - zp / 0 FOUND IRON ROD W /YELLOW PLASTIC CAP 5 ♦ FOUND 1/2" IRON ROD wv J55 (CM) C"01. MOMIMENT (ASSWWS RATA) APPRMOMATE A95TRACT LINE COMBINED SCALE FACTOR: 1.00 01 47 26 9 V. \52871 \AGAVE\ 187108060 \ORAWINO \200 -IML \EXHIBITS \00060V- 100 -E HIST- Ot15.00000- 011H.000OO.OWG 4 10/11/01 1411 WASO E450m Enterprise Texas Pipeline LLC PFM REV BASF w mce stantac Consulting Inc. SEE SHEET 2 FOR EASEMENT INFORMATION d8f ENT �w.ffW, rlaipx 120 PROPOSED PIPELINE CROSMO TRACT TX— TR— OT15.ODOOD- 0118.00000 CITY OF NORTH RICHLAND HILLS a1/11/Oo PFLI REV= EA. 1d 117291.I11a t 17/1o/01 PFM CNANOM W.U3.1 /11 COUNTY OF TARRANT, STATE OF TEXAS E/m/ 5 01/cm /10 J55 PEM AOOFD mom A-1 # I DOWNTOWN DESIGN SERVICES, INC. 4 10/11/01 1411 WASO E450m 3 PFM REV BASF w mce stantac Consulting Inc. d8f ENT �w.ffW, rlaipx 120 I a1/11/Oo PFLI REV= EA. 1d 117291.I11a t 17/1o/01 PFM CNANOM W.U3.1 /11 REV. DATE APP. DEE&FION EXHIBIT "A" CITY OF HALTOM CITY TRACT TX- TR- 0125.00000 VOL 4048 PG 270 (m 10) CITY OF NORTH RICHLAND HILLS TRACT TX-TR- 012200000 - 0124.00000 VOL 9458 PG 538 I (m TFDE & 2A) WARREN INN HALTOM CITY LTD VOL 12247 PG 1315 ^by5o pe Sig 5w CISpv I— 1$ —Jo �9 P ao yea � sa 6 SV HAM CITY — - - - '9i2B- PG 217 (m UA2 k TE) i I I / i ri 5 V BASIS OF BEARING: THE NORTHERLY LINE OF THE PARCEL DESCRIBED IN VOLUME ..C.... . .....:. PAUL E: I�ANNE1. � 945B OF PACE 538 OF THE TARRANT- COUNTY RECORDS BEARS N69'29'30 -E (GRID) •5533 -1N THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE. ' ''• (CM) CONTROL. MONUMENT (ASSN'S DATA) .. ..... _ APPROMMATE AESTRACT LINE c3c3f,1 DOWNTOWN DESIGN SUMCES, INC. 4;62- Stenlec GGneulgng Ina R SE l..p e7G Twit a� �tti.toin F_ alunmwo REGIONAL RAIL ROW 00 ALLIANCE PROPOSED FVEUNE CRCMKG TRACT TX —TR- 0122.00000 - 0124.00000 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS TRINITY RIVER BASIN LATERAL OT 2 BLOCK 1 VOL 56 PG�538' COVENTRY PARK (M 2 *) ADDITION SIN VOL 388 -164 9:ALF, C -3W PG 73 Dlm2 r D206373437 11/0!/00 (SUED/ es o REV DATE or MAW ENO M I— 1$ —Jo �9 P ao yea � sa 6 SV HAM CITY — - - - '9i2B- PG 217 (m UA2 k TE) i I I / i ri 5 V BASIS OF BEARING: THE NORTHERLY LINE OF THE PARCEL DESCRIBED IN VOLUME ..C.... . .....:. PAUL E: I�ANNE1. � 945B OF PACE 538 OF THE TARRANT- COUNTY RECORDS BEARS N69'29'30 -E (GRID) •5533 -1N THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE. ' ''• (CM) CONTROL. MONUMENT (ASSN'S DATA) .. ..... _ APPROMMATE AESTRACT LINE c3c3f,1 DOWNTOWN DESIGN SUMCES, INC. 4;62- Stenlec GGneulgng Ina R SE l..p e7G Twit a� �tti.toin F_ alunmwo Enterprise Texas Pipefine LLC PROPOSED FVEUNE CRCMKG TRACT TX —TR- 0122.00000 - 0124.00000 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS TRINITY RIVER BASIN LATERAL Amm De1NT3 A -1 i B DRS SIN 11/0.7/Oe 9:ALF, C -3W REM= EA4LENT Dlm2 r AFL 11/0!/00 0 150' 300' 9 ET S tlC3 REV DATE or MAW ENO M CIUNCm ESAR MOTH 1&mo" HEAD DESOMON OpEm EXHIBIT $'A" P�9o010 5V� CITY OF HALTOM CITY N89 29'30 "E TRACT TX -TR- 0125.00000 21 12' VOL 4046 PG 270 p `!NP N 6990332.53 ; JWyfc� E 2350691.69 POINT OF BEGINNING -N 6990327.32 ' CITY OF E 2350104.58 —BP NGS HALTOM CITY TEXA VOL 92�_ - - - HCP ASIS 2E -. PG 217 \ (TR 2A2 tr teJ 20' LICENSE LOT 4R )N, 30' SANITARY SEWER \ BLOCK 7 WARREN IN EASEMENT \\ a 17,788 SF4 ,5tio p„ MEADOW HALTOM VOL 7157 PG 790 \ 0.408 AC3 �CAH A D V0 1224 - CITY OF NORTH \ \\ o. °rrt �� ��1r��4 SL 9870 31 PTR TFDa) RICH OTHILLS \ \\ FOUND ��D208 67179 TX-TR- 0122.00000- 0124.00000 \ ?� RD 1 STAMP N S(—Jr 25425) VOL 9458 PG 538 \ 'SPINNER" (CM) ' Q� OUND (CM) 20 SANITAR (W 1F06 k zu \ EASEMEN \ \ N 6989725.52 O N 6989718.55 % VOL 720 ay5 ov \ , E 2350653.87 � E 2351146.06( PG 157 .o �00'44'O7" #' P gP R =1602 95't 06. RICHLAND HILLS L- 20.52' �O ��6 OpO1 CHUB F CHRIST 5P `� CHB- S57'46'31 "W� `' `� LOT 5R BLOCK 7 ALLIANCE I CH =20.52' PJWE LP ( i �� MEADOW LAKES ADO LOT 2 BLOCK 1 CAB A SL 9870 COVENTRY PART REGIONAL RAIL ROW CO 5' i VOL 2482 PG 987 TRACT TX- TR- 0121.00000 4t (5Ua0/ 254") VOL 588 -164 VOL 56 PG 536 v' (W 2 & 4) 5' FOUND 3/8' REBAR (CM PG 73 N 6989699.733 D206373437 E 2351236.63 (sTraOf 7ES3a) � � ;i,iitiirigr. 3 �i DOWNTOWN DESIGN SERVICES, INC. Slantac CDn6ulOng Ina 7616 S 1TI 670 T. u,nb n Tetw rl en.7vstotA m� enA6 PROJECT COORDINATES DISPLAYED (CM) CONTROL. MONUMENT FOR REFERENCE ONLY (ASEWOR'S atTA) - APPROM0IATE ABSMCT LINE COMBINED SCALE FACTOR; 1.000147269 isEnterprise Texas Pipeline LLC - PRtFO.SEO PIPn91E CROSSNG TRACT TX -TR-0122.00 00 0- 01 24.00000 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS 20' LICENSE AREA TRINITY RIVER BASIN LATERAL AIMED EDIMS A-1 411 DRAWN ww 11/m/0m SCUL 1' .300' Kmo ummo T MOM PEL 1t/06/06 0 150' 30D' SEIEET 2 OF 3 tV DATE s SAMY PAOO,m LUNGED ECUT p10TN SDDO1 N GESt>nmm APPnoaa EXHIBIT "A17 DESCRIPTION OF LICENSE AREA A 20 -FOOT LICENSED AREA ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 9458 AT PAGE 538 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE SARAH SAWYER SURVEY, ABSTRACT NUMBER 1425, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF SAID PARCEL FROM WHICH ITS NORTHEAST CORNER BEARS N89'29'30 "E 587.34 FEET; THENCE S191610 "E 883.58 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL AND THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1602.95 FEET AND THE CHORD THAT BEARS 55746'31 "E 20.52 FEET; THENCE ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 00.4401" AND AN ARC LENGTH OF 20.52 FEET; THENCE N191610 "W 894.97 FEET TO SAID NORTHERLY BOUNDARY; THENCE ALONG SAID NORTHERLY BOUNDARY NB9'29'3D "E 21.12 FEET TO THE POINT OF BEGINNING; CONTAINING 17,786 SQUARE FEET OR 0.408 ACRES, MORE OR LESS. BASIS OF BEARING: THE NORTHERLY LINE OF THE PARCEL DESCRIBED IN VOLUME 9458 OF PAGE 538 OF THE TARRANT COUNTY RECORDS BEARS N89'29'30 "E (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE. TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED I DO HEREBY CERTIFY THAT_ THE - ABOVE_ LEGAL .DESCRIPTION -WAS, PREPARED FROM PUBLIC_ RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE ^GROUND AND THAT SAME IS -TRUE AND ...... CORRECT.-- ...... - _ _ -- ... _ ... _. _ ........... . .... ...__....... - ..._..._. -- - DATE OF SURVEY: 07/12/07- 05/23/09 PAUL E. MANNEL REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5533 DATE OF SIGNATURE: (CM) CONTROL MONUMENT (ASSESSOR-5 PA") ..... - -. APPROWATE ABSTRACT LINE SEE SHEET 2 FOR EASEMENT INFORMATION DOWNTOWN DESIGN SERVICES, INC. 2m 51c GOnsulanB lna Ya1RLTMK 7640 T.L 117.1011010 F "w.ns7IS•cgl"ino COMBINED SCALE FACTOR: 1.000147269 E Enterprise Texas Pipeline LLC PROPOSM PIPELINE CROWNG TRACT TX -TR- 0122.00000 - 0124.00000 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS s o1 /De/10 .ISS I PEM I AMM MOM A-t t 11 er OJTM 11/05100 SCAM 1" "A /A 7 10/10/00 21M PEA nr.V= EAMBIMT am® PDA 11/00/08 0 ISO' 396' 2 00/07 JAM PEA REV DATE OF SURVEY IEtN71 t 07AT/00 JRP JAM CRAMCOO ESMT WWDTH SWCUg1 REY. DATE BY APP. DESERI"M �Pa„°� SHEET 3 6F 3 Ty OF NORTH RICHLAND HOJ.S .. EXHIBIT '1A -1 r' TRACT 1X-18= 000800000; 7RACT 7X- TR- 0098.00000 LOTS 3-7 7X- TR- 0100.90090 11-DID1.00000 Tx- 1R- 0097.00000 MM# D207397BD4 DUWOND LOCH TRACTS ONE & TWO (rR r, VOL 50 VOL 8538 PG 79 (TR ti 4A) CPO DIAMOND OAKS LP 4 jG J-1 2AJ0 TRACT 7X- 78-0103.00000 TX -1R- 0108.00000 IN5TR/ 9293411430 35 BRIAN BAKER BLOC( 23 LOT 2 TR >,tr 3Bj 38 3BA RICHLAND HILLS 388 378 WEST ADDITION 37A VOL 3BB -8 PG 115 I; INST# D2043=50 X53 �Ga mw 1wrJo) NYX DRIVE IN 50` RI III 3 Mp�gv� 2 1 4 t 5 LICENSED PROPERTY t B THAT MUST BE BORED ' B QTY OF NORTH RICHLAND HILLS I� 9 TRACT 7X- TR- 009B.000OO, ROBERT 0 SWEET 10 & S K STEPHENS INS1R� k TX --iR- 0101.00000 TRACTS ONE k TWO t 11 OF RICHLAND fm 612341 VOL 79 HILLS WEST SO 3 12 VOL 388 -78 PG 25 4A) fsvm �wr3o) 13 14 15 TRACT ONE 18 17 CITY OF NORTH 18 RICHLAND HILLS 19 VOL 14885 PG 144 fm m) 20 21 22 QTY OF NORTH 23 RICHLAND HILLS BD TVOL 8cm 25 fPG 7mm 24 Ty OF NORTH RICHLAND HOJ.S .. BIRDVILLE.ISD -_ ... _- CITY OF NORTH RICLOTS HELLS TRACT 1X-18= 000800000; 7RACT 7X- TR- 0098.00000 LOTS 3-7 7X- TR- 0100.90090 11-DID1.00000 Tx- 1R- 0097.00000 MM# D207397BD4 HILLS TRACTS ONE & TWO (rR r, WEST AD WEST ADDITION VOL 388 -180 PG 41/" VOL 8538 PG 79 (TR ti 4A) (sueo /wr30) J-1 2AJ0 �IYf� (CM) COMM MONUMEM "Jtl (ASMSM'' DAMN %t \52371\ACTVE \1871WWa\DRAVMG \2D0 - MlL \EM8ITS\OBO6DV- 200- DHIBT- OOBB .00000- OIGO.00mo- OIOI.D000O.OwO Enterprise Texas Pipeline LLC PRDVOgo nPaME CROi507D 7RACT TX TR- 0008.00000 - 0100.00000 - 0101.00001 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANTt STATE OF TEXAS ^^ f0i XHIBIT A E TA NI E B IN N L L DOWNTOWN DESIGN SERVICES, INC. °""'" L" 11n7/W �"" '� .3w aim � nMNe SW loc CBnwlHng Inc. 0 150' 300' DJMT tt �w sccna 6.0 1a m a� nm rQ avlutwo - ..wft " Rrv. GATE BY APP. OESOi�0011 SHEET 1 OF 1 EXHIBIT "A -1" NOTE. \ LICENSED PROPERTY ONCOR ELECTRIC THAT MUST BE BORED DELIVERY CO LLC i TRACT TX- TARR -FRAP- 013.00 ^6,?.s %,— VOL 2868 PG 449 (TR ID) pip J�vfc CITY OF NORTH RICHLAND HILLS ' S 5 34 LOT 28 BLOCK 1 32 33 IRON HORSE WEST ADDITION CAB A SL 1837 31 VOL 12066 PG 378 (57/ED! 213160) 29 BLO 1 CITY OF NORTH RICHLAND HILLS E TRACT TX- TARN- FRAP- 014.OD- 015.00 - 016.00_017.00 '. 28 27 26 VOL 9458 PG 538 (TR IFYJ 2N 2M 2AJ) ' MEADOW LAKES - DAVID LEE MCDAVID ' ADDITION ETUX NANCY CAB A SL 32 VOL 7961 PG 1455 I t (SUEDI25423) (TR IPTDA) JESSIE ZIEMER E VOL 7961 PG 1447 (TR IF11A) F N � 7 �� 1 t CHARLES L do p 2 BEVERLY MCCAULEY �y� 3 VOL 7951 PG 1427 6j 4 ELMER G STANLEY (TR IF108) VOL 8962 PG 1916 (TR I) DIAMOND OAKS NORTH 1 -15 -/0 BLOCK 13 TERRY & DELORES BROWNING ETUX VOL 13426 PG 163 (TR 2SIA} �\ MEADOWLAKES COM IMP ASSN VOL 10627 PG 120 ll7F \! ee DON R & KAY H WATERS ETUX LOT 3R BLOCK 11 CIRCLE T GIRL SCOUT C EOSSIL- CREEK —MLS TRACT VOC -- 308= 206'PG "62.'.___ -..__ .TX= EXHIBIT "A -1" I -15 —lD (CM) CONTROL MONUMENT (ASSEWRS DATA) ___. _ .. ...... APPR=MATE ABSTRACT LINE �! DOWNTOWN DESIGN SERVICES, INC. Stanloa Consttlling Inr- I= SE l-p an IL t . 3. 7at4a 60 Tt atM, T, 7o Enterprise Texas Pipeline LLC PROPOSED PIPELINE CROSONG TRACT TX— TR- 0122.00000- 0124.00000 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS TRINITY RIVER BASIN LATERAL DRAW ww n/aE/DE sours t' o eotm roe tt/mpe 0 150' 300' e RANDER 5PiaNE= W #3QIP710t1 '�Ym _ SHEET 1 OF t CITY OF HALTOM CITY P$op ;mod MCT TX TR 70OOD ' VOL PG V�a��� CITY OF NOTE; HALTOM �p� PG 217 LICENSED (>R 2A2 &'D) CITY OF NORTH RICHLAND HILLS PROPERTY THAT i TRH VOL Ms IN m012/.00000 MUST BE BORED (m 1FO0 & 2A) WARREN INN HALTOM CITY LTD VOL 12247 PG 1315 oPO �P� P 45 tr yv 5V REGIONAL RAIL ROW CO ALLIANCE RIWE TRACT LOT 2 BLOCK 1 VOL 56 PO 536 COVENTRY PARK (M Z k 4) ADDITION VOL 38&184 PG 73 D20837W7 (suety —) I -15 —lD (CM) CONTROL MONUMENT (ASSEWRS DATA) ___. _ .. ...... APPR=MATE ABSTRACT LINE �! DOWNTOWN DESIGN SERVICES, INC. Stanloa Consttlling Inr- I= SE l-p an IL t . 3. 7at4a 60 Tt atM, T, 7o Enterprise Texas Pipeline LLC PROPOSED PIPELINE CROSONG TRACT TX— TR- 0122.00000- 0124.00000 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS TRINITY RIVER BASIN LATERAL DRAW ww n/aE/DE sours t' o eotm roe tt/mpe 0 150' 300' e RANDER 5PiaNE= W #3QIP710t1 '�Ym _ SHEET 1 OF t RI E -S-O Ti# 50' ..OW ._.._.. - . ._. . - -- - EXHIBIT "A -2" DIAMOND LOCH 7 8 34 VOL 388 -50 PG 58 4 3 CPG DIAMOND OAKS LP (—I Avg-) 1 TRACT TX— TR- 0103.00000 35 BIRDVILLE ISD C 7X— TR— O10 &000DD INSIRf 01 430 ,GREY BRIAN BAKEit TRACT 1X 1R— DDOL00000, T r te1 M) BLOCK 23 LOT 2 38 38A RICHLAND HILLS 1X— Tit - 0100.00000 T 378 VT RICHLAND A VOL 355-6 PO 116 WTRf 0207397804 R AD H tNM D204335950 (sueo IwraoJ i (- 1Wrm) NYX DRIVE NORTH 50' ROW) 3 2 i 4 5 6 7 8 CITY OF NORTH RICHLAND HILLS 9 TRACT TX- 7R -0D9 &00000, ROBERT D SWEET TX —TR- 0100600000 10 5 K STEPHENS INSTRO & TX— TR- 0101.00000 TRACTS ONE & TWO 11 REPEAT OF RICHLAND 0207182341 VOL 79 HILLS WEST' SEC 3 12 VOL 3W -78 PC 25 NOTE: 13 LICENSED PROPERTY 14 THAT MAY BE OPEN CUT 15 TRACT ONE 18 17 CITY OF NORTH ,B RICHLAND HILLS 19 VOL 14885 PO 144 fm 60 20 22 CITY OF NORTH 23 RiCHLAND HILLS VOL w 59 T 25 LPG 24 RI E -S-O Ti# 50' ..OW ._.._.. - . ._. . - -- - 7 8 8 5 4 4 3 3 2 2 1 1 TY OF NORTH RICHLAND HILLS B BIRDVILLE ISD C CITY OF NORTH TRACT 1X 1R— DDOL00000, T TRACT 7X -7R- 0098.00000 R 07S H 1X— Tit - 0100.00000 T TX— TR- 0097.00000 1 RICHLAND A A TX —iR- 0101.00000 W WTRf 0207397804 R AD H VOL 6558 PO 79 L (sueo IwraoJ i (CM) CONIROL — - - - — APPROMAlE ABSTRACT LINE K \51671\AC1lVE\T07106060\BRAWNG \200 1RBL\E % ki1B175\08080V- 100- ENHIBT 009SIX1000- 0100A000D -01 O1,00000,OWO Enterprise Texas Pipeline LLC I'llwo 0 PIPUM CROSSN0 TRACT TX- TR- Mg&OOODD- DlOa0000aDtm.n000 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT. STATE OF TEXAS EXHIBIT 'A-2" MJ+�J , 1RINI AS RAL mw, DoWWTOWN DESIGN SERVICES, INC. my sm „tome WAM ,- •'� —0 Sten51 t Cone9lUnB Inc. �� Pn, n/14/ee 0 150' 300' FL WWA 1% ��� SHEET 5 OF 1 fa �t79�1�00 __� _ ...�I.edn aev n►,i eY APP. OESdtFSION ROBERT D SWEET do S K 51 ENS D2MB�1 (m ar it arr) EXHIBIT "B" DIAMOND LOCH 34 VOL 388-50 PO 58 CPO DIAMOND OAKS LP (Steno/ sago) TRAOT Tx- lR- O103.o00DO TX -TR- 0108.00000 35 aAt a) JEFFREY BRIAN BAKER INSTIL/ 0203411430 BLOC( 23 LOT 2 (a+ t� uPy� 5 38 38A RICHLAND HILLS 33B 378 WEST ADDITION 37A VOL 388 -5 PO 115 INSTf 0204335950 ( Pox) NYX DRIVE NORTH 50' RC 3 2 + 20' PIPELINE 1 CITY OF NORTH RIMMD HILLS TRACT TX- TR- D098.00DOO, U -TR- 0100.00000 & TX- TR- 0101.00000 TRACTS ONE & TWO VOL 8558 PC 79 px A 4V TRACT ONE CITY OF NORTH - RICiLAND HILLS VOL 14885 PO 144 (e+ aU CITY OF NORTH PJCHIAND HILLS �VOL 5114 PO 59 5 7 8 9 10 11 REPLAT OF RICiLAND HILLS WEST SEC 3 22 VOL 388-7a PO 25 (sued r 414) 13 14 15 18 17 18 19 20 21 22 23 TWO 25 24 IORTH RICiLAND till! S BIRDVILLE ISD CITY OF NORTH RICILAND HILLS ACT TX- TR- 009800000, 1X TR- 010000000 TRACT TX- TR- om.00000 TX -TR- 0097.00000 LOTS 3-7 & TX-TR- 0101.00000 TRACTS ONE & TWO INSTRO 13207397804 WEST ADDITION VOL 8558 PC 79 (iR b C-0 VOL 388 -180 PO 4 fm A40. ! P4130) / / (CM) CONTROL_ No/AIYENT (ASSES"O 'S OA7q — - - - --- APPRMOYATE ABSTRACT LK v. \an7t\AcnvE\tanoaoeo\oRAwNo\2W- met\EoBrISloeoeov- 2ao- MIOT -o &MODO- otoo.00000- mm.tw000DWG Enterprise Texas Pipeline LLC TRACT 7X••7R- 009&00000 -GI0M W0D- 0101.0000 CITY OF NORTH RICHLAND HILLS CWNTT OF TARRANT, STATE OF TFXAS EXHIBIT 'B' TR L DOWNTOWN DESt�GN SENCES, INC. SOT+ 11/13/01 ,�uc. ,• -aoo SE�nlee{Cyan�lOnpin� Tea n/,Vae 0 15W 300' zm SE n[ 77+140 gcna, ep 1,ND s,� �m EXHIBIT "B" 1 -15 -/0 I �• % v (CM) CONTROL MOFAI40 (ASSESSM'S DATA) �.._ _ .. —. APPROMATE ABSIRACT LINE V.\ 52071 \ACTIVE \187108080\13RAIMNG\.200 7RBL\EI0119TSNOaoo0V- 200- EXHIBT- 0115.00000- 0118.OD000.OWG 20' PIPELINE CORRIDOR BLOCK Enterprise Texas Pipeline UC 13 ONCOR ELECTRIC DELIVERY CO LLC TRACT TX- TARR -FRAP- 013.00 f�Q• 0 VOL 2868 PG p16 38 3 (rRrn1 Q:�Sp'��`.( y 35 J�V SA SV CITY OF NORTH RICHLAND HILLS 34 OQ� LOT 28 BLOCK 1 33 32 21 IRON HORSE WEST ADDITION 31 CAB A SL 1837 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT. STATE OF TEXAS TRINITY RIVER BASIN LATERAL 22 VOL 12088 PG 378 30 23 (SuBGl 21318D) 29 BLOC 1 24 CITY OF NORTH RICHLAND HILLS 25 TRACT TX- TARR -FRAP- 014.00- 015.OD- 016.00 - 017.00 ' 28 26 27 DOWNTOWN DESIGN SERVICES, INC. VOL 9458 PG 538 t 14 (TR TFIJ 2N ZM 2A3) 1 . eY''� DAVID LEE MCDAND MEADOW LAKES ADD I'll Ok TERRY & DELORES ETUX NANCY CAB A SL 32 BROWNING ETUX 26 PG 163 VOL 7961 PG 1455 1 (susG� 23I2d) i EXHIBIT "Q $I CITY OF HALTOM CITY TRACT TX- TR- 0125.ODODO VOL 4046 PG 270 (m 10) CITY OF NORTH RICHLAND HILLS TRACT TX- TR- 0122.0DOOD- 0124.00000 VOL 9456 PG 538 i (mIDAtu) WARREN INN HALTOM CITY LTD VOL 12247 PG 1315 fm IFO,) AWANCE PJWE LI LOT 2 BLOCK 1 COVENTRY PARK ADDITION VOL 388 -184 PG 73 D206373437 (—v aW) 5533 A p - I- 5Q'iLPgJti REGIONAL RAIL ROW CO TRACT VOL 56 PG 538 (m2a4) (CM) CONTROL MONUMENT (ASSESSOR'S DATA) ._..... _.. ..._ APPRO%IMATE AISMACT LINE ..�..�r 1 DOWNTOWN DESIGN SERVICES, INC. stmt,, Consulting Inc l /V�L7e IE Lsop 170 '� ti eri�rilnot'0 :o.n0 D69O,PTm JvvV CITY OFTY — _ HALQ PG 217 (m 2AS r re) 20' PIPELINE CORRIDOR ' j ^5� P 5 ro Enterprise Texas Pipeline LLC PROPOSED PIPMNE CROS5W0 TRACT TX— TR- 0122.00DOO- 0124.DDOOa CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS TRINITY RIVER BASIN LATERAL 0, -3w By °CKM rtv 11/09/m 0 150' 300' RQER N(7NEfli I:cnw EXHIBIT "C" SEE SHEET 2 FOR EASEMENT INFORMATION >~ POINT OF BEGINNING f.. — - -- - - - - -- t - S8976'49'W 329.0911 �~ N8976'49'E l t 30' SANITARY 2041, 1 1 t Enterprise Texas Pipeline LLC i 1 1 EASEMENT VOL 7168 PG 986 ONYX DRIVE NORTH (50' ROW} 1 1 1 WATER EASEMENT Z 1 SANITARY & paulmEo aPan+E ctwma TRACT Tx-iR- 0098.00000- 0100.00000 - 01060000 CITY OF NORTH RICHL.AND HILLS COUNTY OF TARRANT, STATE OF TEXAS 20' TEMPORARY WORKSPACE TRINITY RIVER BASIN LATERAL VOL 5521 PG 582 >J WATER EASEMENT Nlt VOL 5521 PG 582 1 2 4 � � 11 i / 5 20' TEMPORA Y 11 17.073 SF:h t { 6 11 0.392 AC* 1 1, 1f I 7 s m/oeA>o t 11 a Prw l 1 If 9 ; REPLAT 1 I OWESTISEC "0' 30 {j HILLS w= umurc VOL 388 -78 PG 25 sM (su9al+wta0) ��1 SV�y eccua r .a9v 1 I I I `11 0/071" f a 12 Pat IS � �'� ^�YOT APFAM I fl 13 S82'41'16`W 1fAi/00 20.07' ` 14 um SisdocConsulting In4 7!]0 SE 112 711 R tlrlk 77 10 i4 it7b11fIfS fafa ll� TRACT ONE 1 I f 1 15 i /m/0 20' LICENSE I AREA N0. 1 ; 1 � PEN 1s 1 CITY OF NORTH RICHLAND HILLS 1 t 30' SANITARY EASEMENT TRACT TX- TR- 0098.OD000. I TX -TR- 0100.00000 { 1 VOL 7168 PG 86 nE1lsE Fi15fl977� ILCA71011 &TX -7R- 0101.00000 1 1 1 WE TRACTS ONE & TWO i 18 APP. VOL 6558 PG 79 (TR 44 j 1 V ELEC EASEMENT 1 1 G1 VOL 3095 PG 373 1 I ADDITIONAL 1 l I 21 22 WORKSPACE r 1 1 23 N0. 1 I AD01n0NAL ` i NO. 2 TRACT 25 1 t N0. 2 1 1 L. - ---- - TWO _ 24 OINT% DIUVI3 4OUTPI (50' ROW) (CM) coN1Ra. Mm mw (ASSESSOR'$ DATA) APPROMAIE ABSTRACT UNE COMBINED SCALE FACTOR. 1.000147269 Vt\ 02871\AC71VE\15719BW00\ORAVANr\200 7RBL\i7MMnS\OSOW v- Z-- AMIBT-WY400000 -0Ia 'O.- 01Ct.00004DWG SEE SHEET 2 FOR EASEMENT INFORMATION Enterprise Texas Pipeline LLC paulmEo aPan+E ctwma TRACT Tx-iR- 0098.00000- 0100.00000 - 01060000 CITY OF NORTH RICHL.AND HILLS COUNTY OF TARRANT, STATE OF TEXAS 20' TEMPORARY WORKSPACE TRINITY RIVER BASIN LATERAL ■ DOW IM)" DESIGN SSOMCES, INC, s m/oeA>o m Prw AtOFD EtOOen! A -u RAs ; 10/x/0 "0' wt w= umurc HO sM una/N eccua r .a9v a 0/071" mm Pat RrIm EAS010If �'� ^�YOT APFAM 1QI 1fAi/00 0 100' 20D' 1SIF.ET 1 OF 2 um SisdocConsulting In4 7!]0 SE 112 711 R tlrlk 77 10 i4 it7b11fIfS fafa ll� 2 /m/0 yLL PEN KV 0A7E Of SM PF7t nE1lsE Fi15fl977� ILCA71011 73V. WE BY APP. OESbm90N EXHIBIT "C "_ P'- 20' PERMANENT 1j tl EASEMENT N0. 1 { 11 I REPO TWOF ISEC 3Q 20' TEMPORARY WORKSPACE { VOL 388-78 PG 25 N82'41'16'E 1 11 11 ��SJaV 30.10' { I 30' SANITARY EASEMENT 11 __VOL 7188 PO 986 { Y 12 Z -� 13 zn 14 TRACT ONE ADDITIONAL ro I '- WORKSPACE NO. 2 c ►i 66,225 SFf 1.520 ACt CITY OF NORTH RICHLAND HILLS 1 18 TRACT TX- TR- 0098.00000, { {{ s��t. TX- TR- 0100.00000 1 17 &TX -TR- 0101.00000 TRACTS ONE do TWO VOL 6558 PG 79 (M 4A) S89'41'39'W 20.00' { �► 18 e' ELEC. EASEMENT N89'56'48'E 1 % m� VOL 3085 PG 373 22.76' 1 { W 19 { ADDITIONAL WORKSPACE NO. 1 1 lI t a 2p 6,491 SFt 0.149 AC* 1 w1 21 a N01'18'02'W 169.51' S2915'45'E Sr 1'40'30'E 169.73' { N00'02'40 E 34.29' 4.92' S00'02'40'W 2.99' { 25 POINT OF BEGINNING 1 N89'41'39' TRACT Two S89'41'39'W 53.26' 3m, 24 ONYX 13RIVE S89 41 39 W 6.87 ---_PCiNT SOUTH (5D' ROW) POINT OF BEGMNIN I I 39141,39-E lIZ25L OF I SOOZ8'11'E 117.93' N89'41'39'E 8278' � � 8 ELECTRIC I EASEMENT NDD'30'19'W 118.52' I ADDITIONAL WORKSPACE NO. 4 ' 7 6 13,334 SFi- 0.306 AC& VOL 3085 PG 373 S00T7240'W 11638' I ---- - --- -- -- - - -- . •----- -- - - -•-- -------- ADDITIONAL WORKSPACE N0. 3 CITY OF NORTH 9,738 SFt 0.224 ACt RICHLAND HILLS S8930'14'W 81.65' LOTS 3-7 RICHLAND 2D' PERMANENT HILLS WEST ADDITION VOL 388-180 PG 41 EASEMENT N0. 2 (SUED 94130) _...- -- - -- -- - -- 5653014•W_1_t3.41----- - - - - -- --.......... NOO'02'40'E 118.15' BASIS OF BEARING: THE NORTHERLY LINE OF THE PARCEL DESCRIBED AS TRACT ONE IN VOLUME NUMBER 6558 PAGE 79 OF THE TARRANT COUNTY RECORDS BEARS N89'26'49'E (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CEWnF1CATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, 1 00 HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND 4F.T�#• CORRECT. *�E Rfo"r DATE OF SURVEY: 07/12/07- 05/23/09 ........... y.... _ •••••••� PAUL E. MANNEL 5533 REGISTERED PROFESSIONAL LAND SURVEYOR N0. 5533 02 -09 l• �q,�. DATE OF SIGNATURE: 11 - (CM) M'MQL NDKLWW (AS.SMS05 DATA) APPROMWE AWntADr UNE COMBINED SCALE FACTOR: 1.000147269 N \S7L71 \AC1{YE\10710E0! O�ORANSN C \MO- 1HOl\OOY BtiS \OEOEOV- 200- O090T- OOY600000- 010400000 -01 D1.OD000AM'0 Enterprise TcXftS Pipche LLC SEE EXHIBIT A` SHEET 2 of 4 RV050 inn[ CRoSSM TRACT IX_ �_00980D0pp_DIMOD00D_DI0i.ODDO0 FOR EASEMENT INFORMATION CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT. STATE OF TEXAS ne '1 �� ADDITIONAL WORKSPACE TRINITY RIVER BASIN LATERAL DOTYNfOMIN DESIGN SERVICEci. INC. [ OWNSmt nU tt�TASmtr �""'u sAU n/u/oe o..r.t -700 s ■ t 170 xu Nn= E%MW om® gy �r nu II/WM 0 100' 200' Drry Ina �e 2 w� � �X W n*Wl 7 n.e n mw nrns.rm � A I wM rtu vW REx rASLMOrt tacAnON ra Anna r 5QE12 M 2 IIiY. OAS By Ai7. GRADE spa . V) i Q � � LABEL DETAIL PIPELINE GROUND MARKER N.T.S. SCALE: 1 " = 10" EXHIBIT D DRAWN SC DATE 1/20/10 CHECKED CJP DATE 1/20/10 APP'D DATE 1/20/10 3CAI E 1'= 10" SHEET 1 OF 1 1 0 11/21/101 ISSUED FOR PERMIT i 1 J01 NO. 1375 1 CLIENT: Sop 71 s100 LLD Enterprise Texas Pipeline LLC HOUSTON, TEXAS TBPE RN F -2830 TYPICAL TYPICAL PIPELINE GROUND MARKER DRAWING NO. I REV. TX- TR -TYP- MARKER CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: John Pitstick Council Meeting Date: 2 -8 -2010 Agenda No. F.5 Subject: GN 2010 -015 License Agreement with Texas Midstream Gas Services Company for gas pipeline in Fossil Creek Park and Iron Horse Golf Course This item is being brought forward to City Council for approval of a license agreement with Texas Midstream Gas Services Company to construct and maintain a 24 inch gas pipeline through Fossil Creek Park and Iron Horse Golf Course. This agenda item is similar to the previous agenda item requesting approval of a license agreement with Enterprise Texas Gas Services Company to construct and maintain a 30 inch gas pipeline in the same 20 foot wide easement. Texas Midstream Gas Services Company wishes to construct and maintain a 24 inch gas pipeline. As indicated in the previous item both gas lines will be constructed within the same 20 foot wide easement with one gas line constructed above the other gas line. As indicated previously both gas lines will be bored within Iron Horse Golf Course property. There is a small section on the southern end of Fossil Creek Park that will require an open cut and staging area for the long bore northward. Arrangements have been made with Diamond Oaks Golf Course to close the course for construction of the pipeline. The Texas Midstream gas pipeline is a 24 inch gas production line called the Fossil Ridae to Arc Park Main. The license agreement with Texas Midstream is for a 20 year timeframe. License fees include $2.25 per square foot of permanent licensed area which includes a 20 foot easement for a length of 4,272 linear feet. The license fees also include $1.00 per square foot for about 2.5 acres of temporary work space primarily in the southwest portion of Fossil Creek Park. This will total $305,105.50 in license fees for each gas pipeline. There will also be a total of $54,519 for tree mitigation in the Fossil Creek Park. The tree mitigation fee can be shared by both pipeline companies. Separate license fees will be charged to both companies for the license area and temporary work space. The City is also requiring the replacement of a post and cable fence in Fossil Creek Park with a split rail fence as part of this agreement. This is a non - exclusive license agreement allowing the city continued use of the property. Any Corps of Engineers and /or FEMA approval will be the responsibility of the gas companies. A $50,000 bond is required to guarantee all restoration of properties. A $5,000,000 general liability insurance policy is required and an indemnity statement is included in the agreement. Construction must begin within 120 days and the entire pipeline must be installed no later than 180 total days from the execution of this agreement. There is also a requirement in the agreement for the City to give the licensee 180 days notice to remove or relocate pipeline facilities due to excavation or grading as a result of planned public improvements in conflict with the pipeline. An additional 180 days are allowed for licensee to relocate necessary pipelines. 24 hour pressure monitoring is required and only the transmission of oil, gas and petroleum products is allowed. Staff has worked with both Enterprise Texas and Texas Midstream for several months. No golf course operations will be disrupted through Iron Horse Golf Course since the entire course is being bored. There will be a few pipeline markers at property lines and rights of way as required by Federal and State laws. A detailed tree survey and assessment was undertaken and staff is comfortable with the $54,519 tree mitigation fee. Representatives from Texas Midstream will be available at the meeting to answer any questions. Recommendation: Approval of gas pipeline license agreement with Texas Midstream. Texas Midstream Gas Pipeline Location Map Open Trench /Bored Location Map STATE OF TEXAS § COUNTY OF TARRANT § LICENSE AGREEMENT This License Agreement ( "Agreement ") is hereby made and entered into by and between the City of North Richland Hills, Texas (the "City "), a home rule municipality created in accordance with Chapter 9 of the Texas Local Government Code, and Texas Midstream Gas Services, L.L.C. ( "Licensee "), an Oklahoma limited liability company. WHEREAS, Licensee desires, at its sole cost and expense, to construct, operate and maintain one buried natural gas pipeline across and under certain real property owned by the City, which consists of separate tracts described in Exhibit "A" attached; WHEREAS, under the conditions and restrictions hereinafter set forth, the exercise by Licensee of the rights granted herein will not be incompatible with the requirements of the City for the use, operation and maintenance of such real property for public utility and other municipal purposes; and WHEREAS, the granting of such license to Licensee is subject to the continuing use of the land by the City at all times for public utility and other municipal purposes. NOW THEREFORE, the parties hereto agree as follows: 3. Grant of License. The City, to the extent of its interest therein, hereby grants to Licensee, for a period of twenty (20) years from the date hereof, a license to construct, operate and maintain one (1) buried 24 inch diameter or smaller natural gas pipeline under and across a twenty foot (20') wide portion of the City's real property (the "Property ") at the locations shown on Exhibit "A" which is attached hereto and made a part hereof by reference, subject to termination as herein provided. Licensee shall erect, install, construct, repair, replace and maintain the Pipeline Facilities pursuant to the rules and regulations promulgated by the U.S. Department of Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations Title 49, Part 192, as adopted and modified by the Railroad Commission of Texas. Licensee shall be required to direct bore or horizontal directional drill (HDD) all property shown on Exhibit "Al" and shall be allowed to be open cut within property shown on Exhibit "AT. Licensee's pipeline shall be confined to and must not deviate from a corridor designated by the City across the Property, no greater than twenty (20) feet in width (the "Pipeline Corridor "). Notwithstanding the foregoing, Licensee expressly consents to the installation of additional pipelines, not owned by Licensee, within the Pipeline Corridor in the manner depicted in Exhibit "B" to this Agreement. Notwithstanding the foregoing, Licensee's consent in this regard does not constitute a waiver of any rights or legal recourse as against any third party. The Licensee shall also have the right to use an additional temporary work space adjacent and parallel to the portion of the Property where the pipeline is to be located as shown on Exhibit "C" to this Agreement. All construction occurring within Exhibit "C" shall conform to tree protection requirements as described in Section 9(r) of this Agreement. The temporary workspace shall automatically terminate and expire when the pipeline and appurtenant facilities have been installed by Licensee. These rights are granted and accepted subject to the following: (a) any valid and enforceable restrictions, covenants, conditions, encumbrances (except liens), reservations, easements, and other exceptions to title, if any, relating to the Property, shown of record in the hereinabove mentioned County and State, (b) all valid and enforceable zoning laws, regulations and ordinances of municipal and /or other governmental authorities, if any, relating to the same; and (c) to all matters which would be revealed by an inspection and /or a current survey of the Property. The Licensee acknowledges and agrees that this Agreement only allows the transportation of oil, gas, petroleum products, or any other liquids or gases (including inert gases) that constitute oil, gas or petroleum byproducts, with the exception of salt water or any substance containing salt water, through the City and does not allow the Licensee to distribute, sell or otherwise provide oil, gas or petroleum products to any customer in the City. This license does not constitute a utility franchise. 4. License Non - Exclusive. The license granted herein shall be nonexclusive and the City reserves the right to grant other rights and licenses across, over and under the Property to such other persons that the City deems proper. It is expressly understood that the City does not purport, by this Agreement to grant Licensee any right, title, claim or easement in or upon the Property shown on Exhibit "A" to this Agreement except for a license as that term is used in real property law. 3. Police Power of the City. The Licensee shall at all times during the term of this Agreement be subject to the lawful exercise of the police power by the City. 4. Other Permits. a. This Agreement does not relieve the Licensee of any obligation to obtain permits, license and other approvals from the City or other regulatory agencies necessary for the construction, installation, maintenance or repair of the Licensee's pipeline or the transportation of oil, gas or petroleum products through such pipeline. b. Licensee shall not initiate any kind of construction, installation, maintenance, repairs or other work that requires excavation on the Property and /or temporary workspace until the Licensee first obtains the necessary permits from the City of North Richland Hills. 5. Fees. a. On or prior to the date of the execution of this Agreement, Licensee shall pay the City, as compensation for its use of the Property described as Exhibit "A" and the rights herein granted, the sum of $2.25 per each square foot of area licensed to Licensee excluding temporary workspace. being 85,442 square feet the total sum of which amounts to $192,244.50 Dollars. b. On or prior to the date of the execution of this Agreement, Licensee shall pay the City the sum of $1.00 per each square foot of area of temporary workspace licensed to Licensee, as described in Exhibit "C" hereto, being 112,861 square feet the total sum of which amounts to $112,861 Dollars. C. On or prior to the date of the execution of this Agreement, Licensee shall pay the City, as compensation for removal and damage of trees within the property described in Exhibit "A2 ", the sum of $54,519 Dollars. This amount may be satisfied through payment by a third party gas utility company occupying the licensed area depicted on Exhibit "A" hereto. d. The sum total of the amounts set forth in paragraphs a., b. and c., above, shall hereafter be referred to as the "License Fee ". 6. Time of Construction. Construction shall be accomplished by Licensee at such time or times as will not unduly interfere with the City's use of the Property and /or temporary workspace as determined by the City Public Works Director prior to commencement of construction. Construction may not commence, however, until Licensee presents Licensor with the following information: a. If applicable, written authorization from U.S. Army Corps of Engineers, evidencing no objection to the installation of any portion of the pipeline along the Property which is under U.S. Army Corps of Engineers oversight; b. A description of the final substance to be transported through the pipeline; C. A copy of the substance material safety data sheet (MSDS); d. The maximum allowable operating pressure on the pipeline, along with the Specified Minimum Yield Strength (SMYS) of the pipe; e. Engineering plans showing the horizontal pipeline location, pipeline covering depths, location of the nearest shutoff valves whether on the Property or not, location and details for a decorative rail fence along the north Right -of -Way of Onyx Drive (required pursuant to Section 9 (r) of this Agreement), the limits of all workspace areas, and the limits of all tree protection areas; f. Detailed cross section drawings for all public street right -of -way crossings on the Property; g. Methods to be employed to prevent internal and external corrosion of the pipeline; h. Copies of the performance bond and insurance information required herein; and L An emergency action plan for responding to public emergencies as defined in Section 16 of this Agreement. The plan shall at a minimum provide for: (1) Prompt and effective response to emergencies: a. Leaks or releases that can impact public health, safety or welfare; b. Fire or explosions at or in the vicinity of a pipeline; or C. Natural disasters; (2) Effective means to notify and communicate required and pertinent information to local fire, police, and public officials during an emergency; (3) The availability of personnel, equipment, tools and materials as necessary at the scene of an emergency; (4) Measures to be taken to reduce public exposure to injury and probability of accidental death or dismemberment; (5) Emergency shut down and pressure reduction of the pipeline; (6) The safe restoration of service following an emergency or incident; (7) A follow -up incident investigation to determine the cause of the incident and require the implementation of corrective measures. 7. Bond. Prior to commencement of any work that requires excavation on the Property and /or temporary workspace, Licensee shall deliver to the City a bond executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City in the amount of the cost of the work or Fifty Thousand Dollars ($50,000), whichever is greater, for a period of two years. The bond shall guarantee that Licensee shall (a) restore the surface of the Property and /or temporary workspace where excavation was done, in a satisfactory and workmanlike manner; (b) maintain such restoration work in a state of repair satisfactory to the City following the date of restoration; (c) fully comply with the terms and conditions of this Agreement and the City's ordinances governing excavation on public property, including in public rights -of- way; (d) repair, at Licensee's own expense, any damage to roads, streets, utilities or highways caused by the use of heavy vehicles for any activity associated with the operations contemplated herein. 8. As -Built Plans and Drawings. Licensee shall provide the City Public Works Director with as -built plans and drawings of Licensee's pipeline facilities located on the Property within ninety (90) calendar days following the completion of such pipeline facilities. Accuracy of the drawings shall meet a survey level of one foot (1') to fifty thousand feet (50,000'). The drawings shall also be provided in digital file format with the location tied to one (1) nearby GPS (global positioning system), City monument. Licensee shall also provide the City Public Works Director with a map showing proposed transportation route and road for equipment or waste products used or produced by the pipeline operation. 9. Use of the City Property. C. Minimal Interference. Licensee's pipeline facilities shall be installed and maintained in a manner that causes minimal interference with the City's use of the Property and /or temporary workspace for public utility and other municipal purposes. Except in the case of an emergency (as defined in Section 16 of this Agreement), prior to the undertaking of any kind of construction, installation, maintenance, repairs or other work that requires excavation, or other physical use of the Property and /or temporary workspace that involves the use of a motor driven vehicle or motor - operated equipment, Licensee shall provide at least forty -eight (48) hours advance written notice to the City Public Works Director and Parks and Recreation Director. In the case of an emergency (as defined in section 16 of this Agreement) verbal notice shall immediately be provided to the City's Fire Department by dialing 911 and written notice shall be provided to the City Public Works Director and Parks and Recreation Director as soon as practicable thereafter. d. Worksite Regulations. Licensee shall comply with all valid and enforceable applicable rules, regulations and requirements of the City, including, but not limited to, those related to permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time. In addition, during any such work, Licensee shall provide construction and maintenance signs and sufficient barricades at the work site to protect the public. The application of such traffic control devices shall be consistent with the standards and provisions of the Texas Manual on Uniform Traffic Control Devices. Licensee shall utilize appropriate warning lights at all construction and maintenance sites. C. Burial and Marking of Pipeline. Licensee shall bury or cause its pipeline to be buried at least forty -eight inches (48 ") below the finished grade, and not less than twenty -four inches (24 ") below any existing water or wastewater lines located on the Property. Licensee shall place markers for the Pipeline Facilities as required by 49 C.F.R. § 192.707 or its successor. Such markers shall include the Licensee's name and a toll -free telephone number of Licensee that a person may call for assistance. The location and appearance of the markers shall be subject to the prior approval of the City and every effort shall be made to avoid placing a pipeline marker in a location that will interfere with the use of the surface of the property for recreational use by the public. (Exhibit "D ", attached hereto, is a to -scale color rendering of the proposed pipeline marker.) In addition, should trenching occur, during backfill of the pipeline excavation, "Buried Pipeline" warning tape shall be buried one foot (1') above the pipeline to warn future excavators of the presence of the pipeline. The pipeline trench shall be "double- ditch" backfilled by replacing the subsoil first compacted to 95% standard density proctor in six inch (6 ") lifts and then replacing the topsoil. Public roads shall be bored; they shall not be open cut. Additionally, a portion of the pipeline shall be bored under the Property. Those portions of the pipeline that are required to be bored are shown on Exhibit "Al" to this Agreement. d. Repairs and Restoration. Licensee at its sole cost and expense shall repair any damage to the Property and surrounding property (including any improvements located thereon) resulting from the Licensee's use of the Property and /or temporary workspace. Licensee at its sole cost and expense, and in a manner approved by the City, promptly restore any portion of the Property and /or temporary workspace that is in any way disturbed or damaged by the construction, operation, maintenance or removal of the pipeline to as good or better a condition as the Property and surrounding property was in immediately prior to the disturbance or damage. Licensee shall diligently commence such restoration within thirty (30) calendar days following the date that the Licensee becomes aware of the disturbance or damage, or if the pipeline is being removed, within thirty (30) calendar days following such removal. e. Prohibited Substances. Licensee shall not use the Property in any manner which violates any federal, state or local law, regulation, rule or ordinance or, except for the right to transport the products defined in this Agreement, constitutes a public or private nuisance, where a nuisance is found by a Court of competent jurisdiction pursuant to a final unappealable decision. Licensee shall not locate, place, generate, store, manufacture, use or dispose of on or about such right of way any chemical, pollutant, toxic substance, hazardous material, waste or other substance that is in violation of any federal, state or local law, regulation, rule or ordinance pertaining to public health, safety or to the protection of conservation of the environment. f. Removal of Waste. Licensee shall remove all waste from installation of the pipeline within thirty (30) calendar days after the completion of installation of that certain segment of the pipeline that crosses the Property, and shall dispose of the same in a manner approved by the City Public Works Director. g. Relocation of Facilities. Licensee, at Licensee's sole cost and expense, shall protect, support, disconnect, relocate or remove from the Property all or any portion of its pipeline facilities when required by the City due to street or other public excavation, construction, repair, grading, regrading or traffic conditions; the installation, lowering, construction or relocation of sewers, drains, water pipes or municipally -owned facilities of any kind; or any type of improvement necessary for the public health, safety or welfare, as determined by the City in its sole discretion. Except in case of an emergency, the City shall give Licensee one hundred and eighty (180) days written notice that Licensee is required to protect, support, disconnect, relocate or remove Licensee's facilities and Licensee shall complete such removal within ninety (90) days thereafter. If Licensee reasonably requires more than ninety (90) days to comply with the City's written request, it shall notify the City's Director of Public Works and Director of Parks and Recreation, in writing, and Licensee shall be entitled to a one -time extension of an additional ninety (90) days. No additional time shall be permitted. h. Revocation, termination or expiration of license. Upon the revocation, termination or expiration without extension or renewal of this Agreement, Licensee's right to use the Property under this Agreement shall cease and Licensee shall immediately discontinue the transportation of oil, gas or petroleum products through the pipeline. Within six (6) months following such revocation, termination or expiration, and if the City requests, Licensee, at Licensee's sole cost and expense, shall remove the pipeline from the Property (or cap the pipeline, if consented to by the City) in accordance with applicable laws and regulations. If the Licensee has not removed the pipeline from the Property (or capped the pipeline, if consented to by the City) within six (6) months following revocation, termination or expiration of this Agreement, the City may deem any portion of the pipeline remaining on the property abandoned, and, at the City's sole option: (1) take possession of and title to the pipeline or (2) take any and all legal action necessary to compel Licensee to remove the pipeline; provided, however, that Licensee may not abandon the pipeline or discontinue its service without approval of the Texas Railroad Commission or its successor agency or any other regulatory authority with such jurisdiction. Operation of Pipeline. All pipeline operations shall be conducted in accordance with the rules of the Texas Railroad Commission and 49 C.F.R. Part 192, practices of a reasonable and prudent operator in the State of Texas and with state and /or federal laws, regulations, rules and requirements. All laws, regulations, rules and requirements regarding protection of the public health, water supply and natural resources shall be strictly followed. j. Drainage. Licensee shall plan and execute construction of Licensee's pipeline and the decorative rail fence along the north Right -of -Way of Onyx Drive (required by Section 9 (r) of this Agreement) so that no flood conditions are created or worsened on the surrounding land in full compliance with the City Code, Chapter 102: "Floods and Stormwater Management ", Ordinance 2498 and the Public Works Design Manual. k. Vegetation. In order to minimize erosion and sedimentation resulting from the proposed pipeline installation, the excavated portion of the Property and /or temporary workspace shall be repaired and revegetated in accordance with Texas Department of Transportation Standard Specifications For Construction And Maintenance Of Highways, Streets, And Bridges, Items 160 through 169, as amended, with appropriate watering as required until the revegetated areas are determined to be self- sustaining by the City Parks and Recreation Director. I. Commencement of Installation of Pipeline. Upon failure of Licensee to commence installation of the pipeline on the Property within one hundred twenty (120) calendar days from the execution of this Agreement, or to complete installation of the pipeline on the Property within sixty (60) calendar days thereafter, one hundred eighty (180) days from the execution of this Agreement this License shall expire. M. Protection of Public Rights -of -Way. Licensee shall repair damages caused by Licensee or its contractors, subcontractors, employees, and agents, excluding ordinary wear and tear, if any, to roadways that abut the above described property being used by Licensee for the activities contemplated herein. Licensee shall make a videotape of such roadways prior to the start of Licensee's operations contemplated herein and shall provide a copy of the videotape to the City Public Works Director. Licensee shall notify the City Public Works Director when burial of the pipeline is complete so that the City Public Works Director can determine if repairs are required. In connection with its obligation to repair said roadways, Licensee shall use materials of the same or better quality than those utilized to surface and /or repair the roadways prior to execution of this Agreement and in accordance with the City's Public Works Design Manual. Deviation from the materials described herein shall not be permitted without the prior written consent of the City Public Works Director. Repairs shall be completed in accordance with standard engineering practices acceptable to the City. Licensee shall repair the damage to the roadways at its sole cost and expense. n. Surface Use of the Property by City The City shall be able to use the surface of the Property, without notification to the Licensee, for all appropriate municipal purposes including, but not be limited to, soft and hard surface trails, signage, park furniture and other amenities subsequent to the completion of construction and any necessary clean up. o. Heavy Vehicle Traffic. Licensee shall ensure that vehicles weighing over 80,000 Ibs and traveling through residential neighborhoods and public or private parks shall be escorted by a vehicle escort service through such residential neighborhoods, public and private parks and shall not travel in excess of ten (10) miles per hour. P. Salt Water. Licensee shall not dispose of any salt water in its custody or control within the territorial limits of the City of North Richland Hills q. Pressure Monitoring. Pipelines subject to this Agreement shall be constructed with an automated pressure monitoring system that detects leaks and shuts off any line or any section of line that develops a leak. In lieu of such system, Licensee may have 24 hour pressure monitoring of the pipeline system which provides monitoring of the pipeline within the City limits. Any monitoring system(s) shall be keyed to or required to notify the City's emergency response providers in order to provide them with immediate notice of any leak Protection of Trees Licensee agrees to comply with the requirements of Chapter 114, Article II "Trees" of the Code of Ordinances, City of North Richland Hills, Texas (the "Tree Preservation Ordinance ") with respect to its activities on the property described as Exhibit "A2" and Exhibit "C ". If any "protected trees," as that phrase is defined in the Tree Preservation Ordinance, are removed from the Property without prior written authorization from the City of North Richland Hills Director of Planning and Development, or if a protected tree is injured because of failure to follow required tree protection measures such that the tree dies or may reasonably be expected to die, a monetary penalty of $250.00 per - caliper -inch of width of the protected trees removed or damaged shall be paid by Licensee in addition to applicable mitigation in accordance with the formula used to calculate original anticipated tree loss which resulted in the net mitigation fee originally assessed in Section 5 B. of this Agreement. S. Decorative Rail Fence Licensee shall install a decorative rail fence, as depicted in Exhibit "E" hereto, with a lockable security gate along the north Right -of -Way of Onyx Drive for the length of the existing post and cable fencing. Licensee must fully install the decorative rail fence by no later than 365 days after the effective date of this License Agreement; provided however, that this requirement may be satisfied by a third party gas utility company occupying the licensed area depicted on Exhibit "A" hereto. Such fencing shall be installed in full compliance with the Code of Ordinances, City of North Richland Hills, Texas, Chapter 102: "Floods and Stormwater Management ", Ordinance 2498 and the Public Works Design Manual to the extent that it does not conflict with the rules and regulations promulgated by the U.S. Department of Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations, Title 49, Part 192, as adopted and modified by the Texas Railroad Commission. Licensee is solely responsible for securing the necessary approval for its proposed operations from the Federal Emergency Management Agency. 10. Insurance. a. Required of Licensee. Licensee shall provide the City Public Works Director with proof that Licensee has insurance of the following types and limits in effect: Commercial General Liability $ 5,000,000 per occurrence Property Damage Liability $ 1,000,000 per occurrence Automobile Liability $ 1,000,000 per accident, including, but not limited to, all owner, hired or non -owned motor vehicles used in conjunction Licensee's use of the Property. Licensee's primary and secondary insurance shall be underwritten by entities authorized to do business in the State of Texas and who are acceptable to the City in terms of solvency and financial strength. Licensee's insurance policy or policies shall name the City as an additional insured and cover all public risks related to Licensee's use of the Property. Deductible or self insured retention limits of any line of coverage required herein shall not exceed $1,000,000 per occurrence unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. The City shall have the right to revise the insurance coverage requirements under this Agreement upon a reasonable determination by the City Public Works Director that Licensee's use of the Property mandates such a revision. Licensee shall comply with such revised requirements within thirty (30) calendar days of receipt of written notice from the City of such a revision. Such policies shall provide that the amount of coverage cannot be reduced, or the coverage canceled, without thirty (30) days prior written notice to the City. b. Required of Licensee's Contractors. Licensee shall require any contractors who undertake construction, installation, maintenance, repairs or work that requires the excavation or other physical use of the Property to maintain insurance of the same types as provided by Section 10(a) of this Agreement with reasonable limits. 14. Liability of Licensee. Licensee shall be liable and responsible for any and all damages, losses, liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands, defenses, judgments, lawsuits, proceedings, costs, disbursements or expense, to include, without limitation, fees, disbursements and reasonable expenses of attorneys, accountants and any other professional advisors and of expert witnesses and of costs of investigation and preparation of any kind or nature whatsoever (collectively "Damages "), which are proximately caused by (1) the construction, installation, operation maintenance or condition of the pipeline, pipeline pig launcher or any related facilities or appurtenances; (2) the transportation of oil, gas or petroleum products through the pipeline; (3) any claim or lien against the property arising out of work, labor, materials or supplies provided or supplied to Licensee, its contractors, or subcontractors; or (4) Licensee's failure to comply with any valid and enforceable federal, state or local law, ordinance, rule or regulation applicable to the pipeline and appurtenances on the property, except to the extent directly caused by the negligence or intentional misconduct of the City. 15. Indemnity. LICENSEE SHALL INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, COSTS, LIENS, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING PERSONAL OR BODILY INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE CAUSED SOLELY BY THE NEGLIGENT ACT, ERROR, OR OMISSION OF LICENSEE OR ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, AFFILIATE OR SUBCONTRACTOR OF LICENSEE, OR THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS OR REPRESENTATIVES, WHILE INSTALLING, REPAIRING, OR MAINTAINING FACILITIES ON THE PROPERTY. THE INDEMNITY PROVIDED UNDER THIS SECTION DOES NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF THE CITY, ITS OFFICERS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS. IF LICENSEE AND THE CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT WAVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THIS SECTION 12 IS SOLELY FOR THE BENEFIT OF THE CITY AND THE LICENSEE AND DOES NOT CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. LICENSEE OR CITY SHALL PROMPTLY ADVISE THE OTHER IN WRITING OF ANY KNOWN CLAIM OR DEMAND AGAINST THE CITY RELATED TO OR ARISING OUT OF LICENSEE'S ACTIVITIES ON THE PROPERTY OR IN THE PUBLIC RIGHT -OF -WAY SUBJECT TO THIS LICENSE AGREEMENT. 16. Licensee as Independent Contractor. It is expressly agreed and understood that Licensee shall operate as an independent contractor as to all rights and privileges granted by this Agreement, and not as an agent, representative or employee of the City. Licensee acknowledges that the doctrine of respondeat superior shall not apply as between the City and Licensee, its officers, agents, employees, contractors and subcontractors. Licensee further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and the Licensee. 14. Default. The occurrence at any time during the term of this Agreement of one or more of the following events shall constitute an "Event of Default" under this Agreement: a. Breach. An Event of Default shall occur if Licensee materially breaches or violates any of the terms, covenants, representations or warranties set forth in this Agreement or fails to perform any obligation required by this Agreement. b. Bankruptcy, Insolvency or Receivership. An Event of Default shall occur if Licensee (a) files a voluntary petition in bankruptcy; (b) is adjudicated insolvent; (c) files any petition or fails to contest any petition filed against it seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any laws relating to bankruptcy, insolvency or other relief for debtors; (d) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master, custodian or liquidator of Licensee, any of Licensee's property or any revenues, issues, earnings or profits thereof; (e) makes an assignment for the benefit of creditors; or (f) fails to pay Licensee's debts generally as they become due. C. Violations of Law. An Event of Default shall occur if the pipeline or appurtenances on the Property or Licensee's operation of the pipeline on the property violates any existing or future valid and enforceable federal, state or local laws or any existing or future ordinances, rules and regulations of the City. 15. Uncured Defaults and Remedies. a. Notice of Default and Opportunity to Cure. If an Event of Default occurs on account of Licensee's failure to pay the License Fee in accordance with Section 5, such Event of Default shall be deemed an Uncured Default and the City shall have the right to terminate this Agreement immediately upon provision of written notice to Licensee. If an Event of Default occurs for a reason other than for failure to pay the License Fee, the City shall provide Licensee with written notice and shall give Licensee the opportunity to cure such Event of Default. For an Event of Default, Licensee shall have thirty (30) days from the date it receives written notice from the City to cure the Event of Default. If any Event of Default is not cured within the time period specified herein, such Event of Default shall, without further notice from the City, become an "Uncured Default" and the City immediately may exercise the remedies provided in Section 15(b). b. Remedies for Uncured Defaults. Upon the occurrence of an Uncured Default, the City shall be entitled to exercise, at the same time or at different times, any of the remedies set forth herein, all of which shall be cumulative of and without limitation to any other rights or remedies the City may have. C. Termination of Agreement. Upon the occurrence of an Uncured Default, the City may terminate this Agreement. Upon such termination, Licensee shall forfeit all rights granted to it under this Agreement and, except as to Licensee's unperformed obligations and existing liabilities as of the date of termination, this Agreement shall automatically be deemed null and void and shall have no further force or effect. Licensee shall remain obligated to pay and the City shall retain the right to receive License Fees and any other payments due up to the date of termination. Licensee shall remove the Pipeline from and restore the Property as and when requested by the City (or cap the Pipeline, if either consented to or required by the City). The City's right to terminate this Agreement under this Section 15(c) does not and shall not be construed to constitute any kind of limitation on the City's right to terminate this Agreement for other reasons as provided by and in accordance with this Agreement; provided, however, that Licensee may not abandon the pipeline without the approval of the Railroad Commission or successor agency or other regulatory authority with jurisdiction, if such action without such approval is prohibited at the time by applicable federal or state law or regulation. d. Legal Action Against Licensee. Upon the occurrence of an Uncured Default, the City may commence against Licensee an action at law for monetary damages or in equity for injunctive relief or specific performance of any of the provisions of this Agreement which, as a matter of equity, are specifically enforceable. 16. Emergencies. a. Work by the City. For purposes of this Section 16(a), a public emergency shall be any condition which, in the opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or man -made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed appropriate by the City Manager, Mayor, or Fire Chief, or their authorized representatives, including, but not limited to, action that may result in damage to the pipeline, and Licensee hereby (1) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for any Damages, as defined in Section 11, that may occur to the pipeline or that Licensee may otherwise incur as a result of such a response, and (2) agrees that Licensee, at Licensee's sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its pipeline that is affected by such action of the City. In responding to a public emergency, the City agrees to comply with all local, state and federal laws, including any requirements to notify the Texas One Call System, to the extent that they apply at the time and under the circumstances. In addition, if the City takes any action that it believes will affect the pipeline, the City will notify Licensee as soon as practicable so that Licensee may advise and work with the City with respect to such action. b. Work by or on Behalf of Licensee. In the event of an emergency that directly involves that portion of the pipeline located on the Property and which necessitates immediate emergency response work on or repairs to the pipeline, Licensee may initiate the emergency response work or repairs or take any action required under the circumstances provided that Licensee notifies the City in accordance with Section 9(a), above. After the emergency has passed, Licensee shall apply for and obtain a construction permit from the City Public Works Director and otherwise fully comply with the requirements of this Agreement. 17. Notices. Any notices required pursuant to the provisions of this Agreement or provided by the City or Licensee to the other shall be (a) hand - delivered to the other party, or (b) mailed through the United States Postal Service, postage prepaid, return receipt requested, addressed as follows: If to City: City of North Richland Hills Attn: City Manager 7301 NE Loop 820 North Richland Hills, Texas 76180 18. Compliance with Laws. If to Licensee: Texas Midstream Gas Services, L.L.C. Attn: Manager- Midstream Property Rights 100 Energy Way Fort Worth, Texas 76102 With copy to: CT Corporation System 350 N. St. Paul Street Dallas, Texas 75201 Licensee agrees to comply with all valid and enforceable federal, state and local laws; all ordinances, rules and regulations of the City; and all valid and enforceable directives of the City Fire Marshal in order to protect the public health, safety and welfare. 19. No Waiver. The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert any such right on any future occasion. 20. Governina Law and Venue. This Agreement shall be construed pursuant to and in accordance with the laws of the State of Texas and of the United States of America. Venue for any action, whether real or asserted, at law or in equity, that arises out of the terms of this Agreement shall lie exclusively in state courts located in Tarrant County, Texas and in federal courts for the Northern District of Texas, Fort Worth Division. 21. Conferences. At the request of the City, the City and Licensee shall meet at reasonable times and upon reasonable notice to discuss any aspect of this Agreement or Licensee's use of the Property. 22. Assignment. Licensee shall not convey, transfer, pledge, encumber or assign any of its rights under this Agreement without the prior written consent of the City. Any purported assignment that does not satisfy the foregoing condition shall be void. 23. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final order entered by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, including without limitation all available appeals, have been exhausted. 24. Headings Not Controlling. Headings and titles that are used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 25. Parties Bound. The rights, duties and obligations created by this Agreement shall be binding upon and inure to the benefit of the City, Licensee, and their successors and permitted assignees. 26. Entirety of Agreement. This Agreement contains the entire understanding and agreement between the City and the Licensee as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent it is in conflict with the terms and conditions of this Agreement. This Agreement shall not be amended except by a written agreement signed by both parties. 27. Recording of Agreement. It is agreed and understood that this agreement shall not be recorded as a public record in the real property records of Tarrant County. Executed this day of 12010. TEXAS MIDSTREAM GAS SERVICES, L.L.C. By: (Signature) Robert S. Purgason Chief Operating Officer ATTEST: THE CITY OF NORTH RICHLAND HILLS 0 City Secretary By: City Manager EXHIBIT "AA' DIAMOND LOCH 34 VOL 385 -30 PC 58 CPO DIAMOND OAKS LP lam/ am) TRACT TX- TARR- FRAP- 022.00 -O27.00 35 INSTR/ 0203411430 JEFFREY BRIAN BAKER TR 7w7 •w) BLOCK 23 LOT 2 30 38A RICHLAND HILLS 370 VOL 388E PC 118 INST# D204335950 � (smD �WtsO) ♦ 1.G NIYX DRIVE NORTH 50( ' ROB 3 2 1 4 5 8 7 B CITY OF NORTH RICHLAND HILLS TRACT ROBERT K S SWEET TRACT TX- TARR -FRAP- 028.00- 029.00 10 TRACTS ONE & TWO � 11 REPLAT OF RICHLAND DTR �8�1 VOL 5688 79 12 HILLS 78 PCO25 13 (stao FI17W 14 15 TRACT ONE 1B 17 CITY OF NORTH 18 RICHLAND HILLS 19 VOL 14865 PC 144 (w 00 20 21 22 CITY OF NORTH 23 RICHLAND HILLS V1IL 3� PC 59 IRA 25 24 ONYX DRLV SOUTH 50' RO 7 8 3 4 3 2 t oj- NORTH RICHLAND HILLS CITY OF NORTH T TX- TARR- FRAP -03Q01 RICHLAND HILLS YRA07S ONE & TWO BIRDMLLE 150 RICHLAND 3-7 VOL 8558 PA 79 TRACT RIEST AD HILLS TX- TARR--FRAP- 031.00- 032.00 iN'ST ADDITION (TR 4A) INSTRF D207397504 VOL 388 -180 PC 41 (M 7, t as) (Aw imt-) .OF.. � y.•Qy, Fa ;s BASIS of BEARING: THE NORTHERLY LINE of THE PARCEL DESCRIBED AS TRACT ONE IN VOLUME NUMBER 8558 PAGE 79 OF THE TARRANT COUNTY RECORDS BEARS "• "• N89'2B'49 -E (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE P/1 Ls.MANNEL, 5533 (CM) CONTROL MONUMENT AS SOR*S DATA) .• - .— APPROMATE A95TR = UNE N\ 57871\ AC11vE\IE71u =3\pRAMN6\Zt4.fRAP\MI&TS \07355v- 215- EXHOT- MOD - 3 -w-m01.DWO 11 1/07/10 JSS PW AMM mats k-> 16 t 0 TMS MIDSTREAM GAS SERVICES f0 1!/30/0" ,MM PPl IE1150I va rA 0 "Aqw JIM Pd mm umm PROPOSM PIPIOME Cif TRACT TX- TARR- FRAP- 02&00- 029.OD -30.01 s 05/11 .RP SA wM Down DI16 t a Imo CITY OF NORTH RICHLAND HILLS 7 0310IN MP yM MW Am70011AL W0 WAZ COUNTY OF TARRANT, STATE OF TEXAS DIM !.0 j 0 � JW � � My� � FOSSIL RIDGE TO ARC PARK DOWHIDWN DESIGN !SERVICES, INC. 0 0 /M/N in ,w I FMVsD ADOmwu WOMPAM DUw -w 11/13/0 WAw P -w { 17/U/07 am SA MW EUWff LWAMM CE= PEW 11/14/0! BlaDue Cmuultlnp In0 rirosc7 0 1 0' ��pp yy nao J 17/70/10 la1D sA REN9D EA3EAn1! WIN a= i .J." 711 74140 sFtflox ti 417. uto 2 n/W/ar PW .EMI OEMSm AMCM CU Nave its 017.7.11000 HEM W. DAR I IT I APP-1 oE7Gi110M APTO4FO 1> M i OF 4 EXHIBIT "A" CPG DIAMOND OAKS LP TRACT TX- TARR -FRAP- 022.00,027.00 INSTRJ 0203411430 (m ur Je) N89'26'49'E 53.84 POINT OF BEGINNING I N89126'49 "E 20.41' 1' 20.00' 5521 PG 582 20' TEMPORARY WORKSPACE 20' LICENSED AREA NO. 1 34.128 SFf 0.783 ACt CITY OF NORTH RICHLAND HILLS TRACT TX- TARR -FRAP- 028.00 - 029.00& TX- TARR -FRAP- 030.01 TRACTS ONE do TWO VOL 65W PG 79 cm 4.44 TRACT ONE OL 388-50 PG 58 (SneG� aa4o) 38 FOUND 5/8' JEFFREY BRIAN BAKER IRON R BLOCK 23 LOT 2 BASIS OF BEARING RICHLAND HILLS WEST ADDITION 19'28'49'E 349.5 VOL 388 -8 PG 115 I INST' 0204335950 (Mien /[m-) ONYX DRIVE NORTH (50' ROW} 30' SANITARY EASEMENT 1 VOL 7168 SANITARY do 1 PG 8B6 WATER EASEMENT 11 VOL 521 PG 582 :� 11 1 2 4 t?1 1. �� 5 MATCH SHEET 3� 1 11 !O 20"' B 7 1� -REPLAT OF RICHLAND HILLS WEST SEC 3 VOL 388-78 PG 25 (St/B0 RI1Jn) _ � 11 12 13 - - - — APPRMWIE A9SIRA0T UK ORAYANG\219 -FW\tJ MTS \M=V- x19- E10116T -071 11 IA17AD I ASS I KM A07m efe107 A-116 0.39 R05 10 t7/70/OO .YY Pd IEiaa 11W NO 4937 AC a Oia2 AC 11/m/oo d1Y I PEll m wi OBOES! e .uu An a ampial A1P I 6A low mw mu a A Aot: DOWNTOWN DESIGN SERVI=, INC. StmbeCamuRing Inc. M s V no T eenn n nlw r et7�l.to fo. n...am+ielanm r 18 e' ELEC EASEMENT VOL 3085 PO 173 7 I 20 COMBINED SCALE FACTOR:1.000147269 4nn...GZO.oG�o.Glawc e ° TEXAS MIDSTREAM GAS SERVICES 953.(l�G� 15 01/x110 AeI J0A MM UMMAL VOINA E °X11' — 11/17/06 aC+ILL• f —x00' 4 IRAIMI .nu I SA I KWED BMW LWAI tsr °mm PE11 nA4/m 0 100' 200' — By a ll/7E/W eA0 su aEM— EAmm ium Pm[el x n/wM POJ .e1u RCNlES Am91Ep cm IM>T »or1 ply, MAN I BY I APP.1 OES601t 07,12 SNEET2 OF BIRDVILLE ISO VOL 388 -180 PG 41 TRACT TX- TARR- FRAP-031.00- 032.00 Ism p4liv) INSTRO D207397604 ADDITIONAL WORKSPACE NO. 4 lm t,tC -) DESCRIPTION OF LICENSED (AREA N0. 1_ A 20 -FOOT LICENSED AREA ACROSS A PORTION OF THE PARCEL DESCRIBED AS TRACT ONE do TRACT TWO IN VOLUME 6558 AT PAGE 79, AND ACROSS A SANITARY AND WATER EASEMENT DESCRIBED IN VOLUME 5521 AT PAGE 582 AND ACROSS A G -FOOT ELECTRIC EASEMENT DESCRIBED IN VOLUME 3085 AT PAGE 373 ALL OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE MAHALY LYNCH SURVEY, ABSTRACT 953, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 5558 AT PAGE 79 FROM WHICH A FOUND 5/8' IRON ROD BEARS N139'26'49 "E 53.84 FEET AND THE NORTHEAST CORNER OF SAID PARCEL BEARS N39'26'49 "E 349.50 FEET. THENCE S12'04'14 E 854.85 FEET TO THE WESTERLY LINE OF THE 30 -FOOT SANITARY SEWER EASEMENT DESCRIBED IN VOLUME 7188 AT PAGE 9851 THENCE ALONG SAID WESTERLY LINE THE FOLLOWING THREE (3) COURSES: 1. THENCE 5023313'E 280.77 FEET; 2 THENCE Si140'30 "E 585.90 FEET; 3. THENCE S00'02'40'W 4.92 FEET TO THE NORTHERLY BOUNDARY OF ONYX DRIVE SOUTH FROM WHICH THE SOUTHEAST CORNER OF SAID TRACT TWO MONUMENTM BY A FOUND 1/2' IRON ROD BEARS N89- 41.39 -E 398.57 FEET; THENCE 589'41'39"W 20.00 FEET. ALONG SAID- NORTHERLY - BOUNDARYi-_..._...__._._...._.._.__ .................._..._._....___._....._._ ...........---...._............ THENCE PARALLEL WITH AND 20.00 FEET WESTERLY FROM THE WESTERLY BOUNDARY OF SAID 30 -FOOT SANITARY SEWER EASEMENT THE FOLLOWING THREE (3) COURSES: 1.... THENCE NOO'02'40"E 2.99 FEET :...... .. ....... . 2. THENCE N11'40'30 "W 685.44 FEET; 3. THENCE N0233'13'W 280.71 FEET,, THENCE N12'04'14'W 857.26 FEET TO SAID NORTHERLY BOUNDARY; THENCE N89'26'49'E 20.41 FEET ALONG SAID NORTHERLY BOUNDARY TO THE POINT OF BEGINNING; CONTAINING 34,128 SQUARE FEET OR 0.783 ACRES, MORE OR LESS. ' 1 (CM) COMTROL MONUMENT EXHIBIT "A" AAM H \ezun\ACme\t eranss\oeAtxrta\zt s�T+AV\E>austts \ma�sv -zta•• Dauer- oxaoo.axn.00.�o.m.mw x TEXAS MIDSTREAM OPw SERVICES SEE SHEET 2 FOR �. 1 IVX/aa _ I ,47TCH SHEET2 - 1 vn1 20' LICENSED ` 8' ELEC EASEMENT EASEMENT INFORMATION AREA NO. 1 .01 I VOL 3085 PG 373 AM 34.128 SFt SPA °I 0.783 130' SANITARY 20 CITY OF NORTH ACi 1 I EASEMENT 22 RICHLAND HILLS 2p 1 I VOL 7188 PG 985 21 TRACT TX- TARR -FRAP 028.00- 029.OD ADDITIONAL j 1 AD0111ONAL 23 TRACTS ONE & TWO WORKSPACE NO. 1 WORKSPAC N0. 2 25 VOL 6558 PG 79 s) 1 NGO'02 1 j 150002'40" TWO /2. COUNTY OF TARRANT, STATE OF TEXAS 99 I RON R0 4.92 ONYX DRIVE SOUTH (30' ROVI) 589'41'39' 1 N89 41'39 "E 395.8 (CM) CITY OF NORTH RICHLAND HILLS 20' LICENSED I F NO 1/2' WON, BL 17 TRACT TX- TARR -FRAP- 030.01 AREA NCO 2 I I ROD (CM) TRACTS ONE do TWO I 8 5 4 3 2 1 ----VOL 8558 PG 79 lm -- - --- ---- -- - - - - -- -- -- W ELECTRIC EASEMENT ADDITIONAL WORKSPA CITY OF NOR1H RICHLANO HILLS VOL 3085 PO 373 NO 3 LOTS 3-7 RICHLAND HILLS WEST ADDITION BIRDVILLE ISO VOL 388 -180 PG 41 TRACT TX- TARR- FRAP-031.00- 032.00 Ism p4liv) INSTRO D207397604 ADDITIONAL WORKSPACE NO. 4 lm t,tC -) DESCRIPTION OF LICENSED (AREA N0. 1_ A 20 -FOOT LICENSED AREA ACROSS A PORTION OF THE PARCEL DESCRIBED AS TRACT ONE do TRACT TWO IN VOLUME 6558 AT PAGE 79, AND ACROSS A SANITARY AND WATER EASEMENT DESCRIBED IN VOLUME 5521 AT PAGE 582 AND ACROSS A G -FOOT ELECTRIC EASEMENT DESCRIBED IN VOLUME 3085 AT PAGE 373 ALL OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE MAHALY LYNCH SURVEY, ABSTRACT 953, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 5558 AT PAGE 79 FROM WHICH A FOUND 5/8' IRON ROD BEARS N139'26'49 "E 53.84 FEET AND THE NORTHEAST CORNER OF SAID PARCEL BEARS N39'26'49 "E 349.50 FEET. THENCE S12'04'14 E 854.85 FEET TO THE WESTERLY LINE OF THE 30 -FOOT SANITARY SEWER EASEMENT DESCRIBED IN VOLUME 7188 AT PAGE 9851 THENCE ALONG SAID WESTERLY LINE THE FOLLOWING THREE (3) COURSES: 1. THENCE 5023313'E 280.77 FEET; 2 THENCE Si140'30 "E 585.90 FEET; 3. THENCE S00'02'40'W 4.92 FEET TO THE NORTHERLY BOUNDARY OF ONYX DRIVE SOUTH FROM WHICH THE SOUTHEAST CORNER OF SAID TRACT TWO MONUMENTM BY A FOUND 1/2' IRON ROD BEARS N89- 41.39 -E 398.57 FEET; THENCE 589'41'39"W 20.00 FEET. ALONG SAID- NORTHERLY - BOUNDARYi-_..._...__._._...._.._.__ .................._..._._....___._....._._ ...........---...._............ THENCE PARALLEL WITH AND 20.00 FEET WESTERLY FROM THE WESTERLY BOUNDARY OF SAID 30 -FOOT SANITARY SEWER EASEMENT THE FOLLOWING THREE (3) COURSES: 1.... THENCE NOO'02'40"E 2.99 FEET :...... .. ....... . 2. THENCE N11'40'30 "W 685.44 FEET; 3. THENCE N0233'13'W 280.71 FEET,, THENCE N12'04'14'W 857.26 FEET TO SAID NORTHERLY BOUNDARY; THENCE N89'26'49'E 20.41 FEET ALONG SAID NORTHERLY BOUNDARY TO THE POINT OF BEGINNING; CONTAINING 34,128 SQUARE FEET OR 0.783 ACRES, MORE OR LESS. ' 1 (CM) COMTROL MONUMENT (Assmmv x414) - - - - - APPNaW7E A95WCt UNE COMBINED SCALE FACTOR:1.000147269 H \ezun\ACme\t eranss\oeAtxrta\zt s�T+AV\E>austts \ma�sv -zta•• Dauer- oxaoo.axn.00.�o.m.mw TEXAS MIDSTREAM OPw SERVICES SEE SHEET 2 FOR ro IVX/aa mi to Atm m= �o �'� Pwi- rn EASEMENT INFORMATION tt/w/a AM NM awa ugm=w 0-0 TRACT TX- TARR- FRAP- 028.00- 029.OD -30.01 as/ts/as am a mamowumhAmsmo CITY OF NORTH RICHLAND HILLS ......". .. , - n twxr- COUNTY OF TARRANT, STATE OF TEXAS �I. DOWNTOWN DESIGN SERVICES, INC. u a i-F as TA Immins L b.L 1Na wmm aomww. twee REM VJEM R LWAIM mm eawistt ant ins a�a09 oP 1, 00' 200' I EXHIBIT "Afl 20' LICENSED P9g,���,11► AREA NO. 1 �p�g FLT TRACT ONE CITY OF NORTH RICHLAND HILLS A"w"l"^^' - TRACT TX- TARR -FRAP- 028.00 - 029.00 WORKSPACE TRACTS ONE & TWO NO. 1 VOL 6558 PG 79 (iR IN N8941'39'E 20.00 ADDITIONAL WORKSPACE NO. ; ONYX DRIVE SOUTH (5O' ROW) 90RTH RICHLAND HILLS 20' LICENSED 00'0240 k- TARR -FRAP- 030.01 AREA NO. 2— 118.3E 17 18 19 ;ANITARY 2D MENT FOUND 1 WEN W11RKSPA9 TRACTY, NO. 2 I TWO 17 TRACTS ONE k TWO 2,357 sFm 7 6 5 4 3 2 VOL 65_58 PC 79 (m 4N - - - - -- -0.054 ACt - ,- - --- I - -- -- _ -- -- -- 91014 W 1000.27 CITY OF NORTH 8' ELECTRIC EASEMENT RICHL%D HILLS VOL 3085 PG 373 POINT OF BEGINNING LOTS 3 -7 RICHLAND N 6981342.11 HILLS WEST ADDITION N 6981333.45 E 2352585.44 VOL 388 -180 PC 41 E 2351585.22 589'30'14 "W 20.00' ('M �1JU) BIROMLLE ISO ADDITIONAL TRACT TX- TARR -FRAP- 031.00- 032.00 WORKSPACE NO. 4 INSTR# 0207397504 \SDD*02!40'W (m 1, A C -B) 118.15 DEERIEDON OF LICENSED AREA NO. 2 A 20 -FOOT LICENSED AREA ACROSS A PORTION OF TRACT ONE AS DESCRIBED IN VOLUME 6558 AT PAGE 79 AND ACROSS A B-FOOT ELECTRIC EASEMENT DESCRIBED IN VOLUME 3085 AT PAGE 373 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE MAHALY LYNCH SURVEY, ABSTRACT NUMBER 953. DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY BOUNDARY OF SAID TRACT ONE FROM WHICH ITS SOUTHWEST CORNER BEARS S89'30'14 "W 1000.27 FEET; THENCE N00'02'40 "E 118.38 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF ONYX DRIVE SOUTH: THENCE N8941'39'E 20.00 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE FROM WHICH THE NORTHEAST CORNER OF LOT 3 BLOCK 17 RICHLAND HILLS WEST ADDITION FILED IN VOLUME 388 -180 AT PAGE 41 MONUMENTED BY A FOUND 1/2' IRON ROD BEARS N89'41'39'E 398.15 FEETI THENCE S00'02'40'W 118.15 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT ONE; THENCE S89'30'14'W 20.00 FEET ALONG SAID SOUTHERLY BOUNDARY TO THE POINT OF BEGINNING; ....-.-.... ....... .__.._..._ ................. ---- -- ._....- -- CONTAINING 2,387 SQUARE FEET OR 0.054 ACRES, MORE OR LESS. BASIS OF BEARINC: THE NORTHERLY LINE OF THE PARCEL DESCRIBED AS TRACT ONE IN VOLUME NUMBER 6558 PAGE 79 OF THE TARRANT COUNTY RECORDS BEARS N89'28'49'E (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE SURVIEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TD THE PREMISES SURVEYED,I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. DATE OF SURVEY: 07/12/07- 05/23/09_ PAUL E. MANNEL (CM) CONTROL 40NUYENf REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5533 ( (AS lRDL NM 7N DATE OF SIGNATURE: /- N- 2010 — - - - — APMXUATE AWWOT tare COMBINED SCALE FACTOR:1.000147269 vl�uenVAenreV sTto�aCC�oRAwlNe�sla�nAPVEw, �em�olaasv- sto-- ewoerase.00�ma.oaaaat.owc SEE SHEET 2 FOR EASEMENT INFORMATION it 11MAO I m I mu I AM wrOa A4, R r C TEXAS MIDSTREAM GAS SERVICES In IVN/W JYY I Pw I mm Hoer 0 C N/aN mr mu Garen u-mm PTARR-a APe 02 00-0 TRACE TX TARR - TRAP - 02400- 02&00 -30.01 CITY OF NORTH RICHLAND HILLS COUNTY IC LASED R, STATE 2 TEXAS LICENSED AREA RC z FOSSIL RIDGE TO ARC PARK e 05/11/0 a1v I m I ,aNlmww"MtJmJnm DOWNTOWN DESIGN SE MM, INC, w, lyl AM C � AN � �� �AM 6 nt/=1Ar J99 17/I➢/acNam Gt1OlO1T ILGTONS 1 gCrlot AMLOMI PEU 11/14/n! a 1 ao' 200' 91FET A nF 4 Santee cwl.mano tne. x10 >E {^? m n te.t,� n >na 1,4 It7Ye.l�te e17Jt mto 7 11/H/e7 aMe JSA ITN® ugllorr woar a 11/04V POJ ROUND A AHM Cat M REV. OAT[ BT eE9GP110N EXHIBIT "A" CITY OF HALTOM CITY TRACT TX- TARR- FRAP-MOO VOL 400 PO 270 fm 10) CITY OF NORTH RICHLAND HILLS 1RACC 7X- TARR -FRAP- 000.00-010.00 VOL 9458 PO SW V fm IFU • 24) WARREN VOLI1224 PO 1313 Lm fib' �1 fm Irm) V sw so so mza= REGIONAL RAIL ROW CO VOL Be PGS38� (1R2 t4) (mwtis) il5 OF BEARING: THE NORTHERLY LINE OF THE PARCEL DESCRIBED IN VOLUME i8 OF PAGE 538 OF THE TARRANT COUNTY RECORDS BEARS N8939'30'E (GRID) THE STATE OF TEXAS NORTH CENTRAL'4202 ZONE (CM) CWMGL kmw w (M-On MA) [Mori DOWNTOWN DES10M SERVICES, INM Santee CalteultIma Inc. BMW 4 em M .ft 7 M4. UL n7m ulo me/w.,t: TEXAS MIDSTREAM GAS SERVICES PRA PUTM CROSSMo TRACT TX- TAR R -FRAP- 009.00- 010.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS FOSSIL RIDGE TO ARC PARK aaw snll 11AW a NAM r -am' Am mmu A-1 k a 09420 POI 11�W/00 0 150' 300 1 BMW a"M REVHM War NIAIn 17 aclumm APPLOM 9eTT 1 IF EXHIBIT $'A" 1- li -/a (cm) cat1TNOL Womuwff (MSESMI S DAM) - - — AMMAN ABSTRACT LNE DOWNTOWN DESIGN SERVICES, INC. AIML SNntac ConsuttIm Ina m tZ aP= 7�aI a�'tik2U 78140 la Fe. 10261110 !m Moll A-1 t B WNW ugmrt [It5 ON COMBINED SCALE FACTOR.9.000147269 TEXAS MIDSTREAM GAS SERVICES pwas B FlpwK CROONG TRACT TX- TARR -FRAP- 009.00- 010.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS 20' LICENSED AREA FOSSIL RIDGE TO ARC PARK sm Ili /= =A,- 1' -3w gy H°� t�tt x/66/0 4114111 0 15D' 3D0' WN CN SM2OF E 2350891.88 ( ;0 CITY OF CITY POINT OF BEGINNING i TRACT 1X- TARR-FR RR -FRAP- 008.00 VOL N 6990327.32 t 4046 PG 270 N8979'30 "E E 2350104.58 (� toJ CITY OF HALTOM CITY 21.12' BASIS OF BEARINGS - - -8'9'29'3wE VQL_9� _ _ _ HCP on/ \ 217 LOT 30' SANITARYWER� \\ 20' LICENSED (M s a f B) 4R u BLOCK 7 WARREN INN I EASEMENT \\ m 17,786 SFt 1 q�'JA P. MEADOW LAKES ADD -T CITY LTD VOL 7157 PO 790 \ s rn \ � 0.408 AC± 1 pr1 CAB A `{ VOL 12247 \ c c 1 SL 9870 �� PG 1315 { CITY OF NORTH \ RICHLAND HILLS ��v� INSTIL (1R tFOa) { { \\ '" FOUND 1/2' IRON g 0206167171 `{ 7X- TARR -FRAP- 009.00 - 010.00 \\ VOL 9458 PG 538 \\ is : �R t ROD STAMP suea/ mgs) 3/8' 20' SANITARY J�{ (m lFW t u) \ \ "SPINNER" (CM) N 6989725.52 Q�FOUND Q. CM O EASEMENT) { \ E 2350583.87 N 698971 VOL 7208 { &0L0-420. 01Z 1 ^0 E 2351146.06 PG 1571 pr's 4. gy�;l R101602 95 i a� 1 C(° • RICHLAND HILLS CHURCH OF CHRIST _o' TRACT Si �J CHBs557'48'315'W� �,0�¢�P' TX- TARR -FRAP- 012.01 ALLIANCE CH-20.52' LOT 5R BLOCK 7 LOT 2 BLOCK 1{ �� REGIONAL RAIL ROW CO ql• t g• MEADOW LAKES ADD CAB A SL 9870 COVENTRY PARkJ ADDITION TRACT VOL 2482 PO 987 u�sa) VOL 388-164 TX-TARR -FRAP- 011.00 (/ PG 73 VOL 58 PG 538 FOUND 3/8- REBAR (CM) 0206373437 (MR 3 a 4) t N 6989899.73 (�gbA gr,Tg) ! E 2351238.63 1- li -/a (cm) cat1TNOL Womuwff (MSESMI S DAM) - - — AMMAN ABSTRACT LNE DOWNTOWN DESIGN SERVICES, INC. AIML SNntac ConsuttIm Ina m tZ aP= 7�aI a�'tik2U 78140 la Fe. 10261110 !m Moll A-1 t B WNW ugmrt [It5 ON COMBINED SCALE FACTOR.9.000147269 TEXAS MIDSTREAM GAS SERVICES pwas B FlpwK CROONG TRACT TX- TARR -FRAP- 009.00- 010.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS 20' LICENSED AREA FOSSIL RIDGE TO ARC PARK sm Ili /= =A,- 1' -3w gy H°� t�tt x/66/0 4114111 0 15D' 3D0' WN CN SM2OF EXHIBIT 71A" DESCRIPTION OF LICENSED AREA A 20 -FOOT LICENSED AREA ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 9458 AT PAGE 538 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE SARAH SAWYER SURVEY, ABSTRACT NUMBER 1425, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF SAID PARCEL FROM WHICH ITS NORTHEAST CORNER BEARS N8979'30'E 587.34 FEEn THENCE S19-16'10'E 883.58 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL AND THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 160195 FEET AND THE CHORD THAT BEARS S5746'31 "W 20.52 FEET; THENCE ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 00'4401' AND AN ARC LENGTH OF 20.52 FEET) THENCE N19'18'10'W 894.97 FEET TO SAID NORTHERLY BOUNDARY; THENCE ALONG SAID NORTHERLY BOUNDARY N8979'30 "E 21.12 FEET TO THE POINT OF BEGINNING; CONTAINING 17,786 SQUARE FEET OR 0.408 ACRES, MORE OR LESS. BASS OF BEARING: THE NORTHERLY LINE OF THE PARCEL DESCRIBED IN VOLUME 9458 OF PAGE 538 OF THE TARRANT COUNTY RECORDS BEARS NSO29 -30-E (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE. TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUACAND ACCURATE SURVEY UPON - THE - GROUND AND-THAT SAME IS TRUE -AND CORRECT. ... . _...... _ __ .................. ...... REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5533 DATE OF SIGNATURE *I- II_zAlo (CM) CON �ONUMEENT �-- - - _ --- APPR010YATE ABSTRACT UW SEE SHEET 2 FOR EASEMENT INFORMATION TEXAS MIDSTREAM OAS SERVICES TRACT TX- TARR -FRAP- 009.00 - 010.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT. STATE OF TEXAS "...n 1• DOA OY N DESIGN SERVICES, INC. 3 01AAAD in PEI A90W pools A-1 t 0 alaehe CoesulRata Ine. um A1/0 i toAA101 5= PEI )OKS7D EA41Fl1T IL Y.0. t�Y Ti 117MM111 f �ITlt11Ne 1 03/0/01 .AP I .YY I 6VX= CW W N "w RN. DALE I 17 I AR. I 0N TEXAS MIDSTREAM OAS SERVICES TRACT TX- TARR -FRAP- 009.00 - 010.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT. STATE OF TEXAS "...n 1• EXHIBIT "A" Tx- PG 449 (TR TD) 1RICHLAND HILLS ST ADDITION 5r SV� 9L MICHAEL C HANDY ETAL ' _.00T..3...BLOCK 5'. .. _ DIAMOND -OAKS NORTH ADDITION JOHN _ R 0 PO STANLEY VOL 388-23 PC 25 + ANGELA UPCHURCH VOL 18347 PG 408 _ �M_�_ea.evw • ._... ............. +.� _... +_ a 'w CITY OF NORTH RICHLAND HILLS 1 – 11 -10 VOL 388-23 PO 23 INSTR D204104841 TRACT TX– TARR– MAP– M4.00– M&GO –MLDD- 517.00 (gAOD pa7D) � 0T'E�p' ! VOL 9435 PG 535 ................ PAUL E. MANNEL PAGE 538 OF THE TARRANt COUNTY RECORDS BEARS S$9'24a4WW (GRID) IN THE STAET CM TP73 2N ZV 24 + I i ; &ME 21 MER EST DOWNTOWN DESIGN /SERVICES, INC. (CM) CONTROL MONUMENT (ASS—On OA7N VOL 7661 PO 144 — - - - — APPROIOYATE ABSTRACT LINE Y:\5257t\ACTivE \1E7lO73W\DRAWNG \219 -RW\EI MTS\07335V- 219- MIBT- C14.OGAWC (M IF1 W I t:mt DAVID LEE MCDAVID ETUX NANCY TARA EPPERSON wAm t' ` VOL 7951 PO 1453 LOT 1 BLOCK 6 TEXAS MIDSTREAM GAS SERVICES sn11 (M TP70A) DIAMOND OAKS N n ®® NORTH ADDITION I VOL 385-23 VOL 25 CHARLES VOL 15756 PO 484 BEVERLY MCCAULEY (sm !or/0) I VOL 7981 PO 1427 TDB) cm Tr DARYL R TERRY L +I !F KAATZ ETUX CITY OF NORTH RICHLAND HILLS FLOM MAE BRAWNER DIAMOND OAKS ' LOT 8 BLOCK 7 0 NORTH ADDITION DIAMOND OAKS NORTH ADDITION � VOL 385 -23 PG 23 I VOL 385 -23 PG 23 „� LOT 2 BLOCK 6_ + MICHAEL C HANDY ETAL ' _.00T..3...BLOCK 5'. .. _ DIAMOND -OAKS NORTH ADDITION JOHN _ R 0 PO STANLEY VOL 388-23 PC 25 + ANGELA UPCHURCH VOL 18347 PG 408 _ �M_�_ea.evw • ._... ............. +.� _... +_ a 'w DIAMOND OAKS NORTH ADDITION 1 – 11 -10 VOL 388-23 PO 23 INSTR D204104841 (gAOD pa7D) � 0T'E�p' ! I BASS OF BEARING. THE SOUTHERLY LINE OF THE PARCEL DESCRIBED IN VOLUME 9458 ................ PAUL E. MANNEL PAGE 538 OF THE TARRANt COUNTY RECORDS BEARS S$9'24a4WW (GRID) IN THE STAET ••.•••••••••••••• 5533 J F TEXAS NORTH CENTRAL 4202 ZONE. ; DOWNTOWN DESIGN /SERVICES, INC. (CM) CONTROL MONUMENT (ASS—On OA7N "Im/to — - - - — APPROIOYATE ABSTRACT LINE Y:\5257t\ACTivE \1E7lO73W\DRAWNG \219 -RW\EI MTS\07335V- 219- MIBT- C14.OGAWC woo O mts A-0 A 9 w+ t:mt 2ANIN wAm t' ` 3 TEXAS MIDSTREAM GAS SERVICES sn11 PEtI ttE 1ASFlIEnT n ®® peL t1/to/ae ShntasConeuTDnpina PROPM PUMME CTOSSNO TRACT 7x– TARR– FRAP- 014.00_MIDO Al &00 -017.D 0 100' 200' uTO s reap et9 0 !F tt/e7/D7 CITY OF NORTH RICHLAND HILLS Aet tElt® AwooEa 9m Ape wym T 17t 7qa Ta e17 Lp taD COUNTY OF TARRANT STATE OF TEXAS 00 ri FOSSIL RIDGE TO ARC PARK DOWNTOWN DESIGN /SERVICES, INC. 4 "Im/to m I m woo O mts A-0 A 9 w+ t:mt 2ANIN wAm t' ` 3 m/te/6o sn11 PEtI ttE 1ASFlIEnT n ®® peL t1/to/ae ShntasConeuTDnpina 0 100' 200' uTO s reap et9 0 !F tt/e7/D7 rD� Aet tElt® AwooEa 9m Ape wym T 17t 7qa Ta e17 Lp taD m/6711; 8A IEWSM taG70 DF E scow =nom+ rr nem 4•eel•a� IIE1: DATL !K Apt: OWWTIW HEAD A"!mw WCLT 1 re EXHIBIT "AP' I (IV `I I I� l I CITY OF NORTH RI LAND HILLS TRACT TARR- FRAP- 014.00- 15.OD -MO.00 -17.00 I VOL 0458 PC 538 (7R Im 2N 2Y 4AJ) 1 BLOCK ' 2 ' 3 lI 38 1 � I 34 ' 33 O I 32 21 31 LOCK 11 30 MEADow LAKES 23 ADDI I 29 CAB A SL 32 24 (wm/ 25425} 25 10 28 27 28 BLOCK 11 12 BLOCK 1 9 8 7 5 I 14 13 VIA CITY OF NORTH RICHLAND MLLS TRACT TX- TARR -FRAP- 014.00 - 15.00 - 18.00 -17.00 VOL 9453 PO 538 (m IFTJ 2N 2Ar W) 1 W M1082 7�Pti (AID ASSN H Y DELOM Y _ ....... �.L ....... ............_ _ F._....DON...R -b KAY ..H ..... 1 ( WATERS ETUX 3R BLOCK -1/ L CREEK TRAILS - ... _........... VOL- -388- 208 -PC 82_...__ _ _............ VOL 8803 PC 1730 1 (SURD !14560) 1 1 r � D CIRCLE T MU. SCOUT COUNCIL S� OF TF TRACT 1X VOL. 4888 PC 374 D�2Q� yd•�t;15TfjpF•;!� (TR aE 2A5) • a- 1533 VOL 1 2980 PC 418 (CM) OONTaoL MDNUMENT (ASSE M'S OATAV — - - - — APM)OMAIE ABSTRACT LNE V: \ eZW71\AMVEV967107355\ORAVANG\Zi 9JRAP\CHINTS \07355V- 219 - MIST- 014.DMDWr TEXAS MIDSTREAM GAS SERVICES PROPm PIPRME CROM TRACT 7X- TARR- FRAP- 014.00_O15.00OlfLOC- 17.0 CITY OF NORTH RICHLAND HILLS COUNTY OF rARRANT STATE OF T"AS Moe- i. FOSSIL RIDGE TO ARC PARK DOWNiDNfN DESIGN sERNCi�w INC. 4 01/06/16 PEL A M UMN A-1 t B WAYM SaU 11/00/06 66AlEk 1• -2ff Blanlsc Gonsulung Inc. 3 10/76/00 1[11ffD FASEIDI! �%�® PFL 11/10/66 0 100' 200' �x � 6i670ia 2 11/07/07 R REM A0.6 M CM NOS Pear N TL 617.121.1610 1 lwA7 wo I rmm ff EA12i6RT 6EC66N Am DATE DESO�M - w cuaer oe LINE TABLE LINE BEARING DISTANCE Lt S8924740 'W 21.11' L2 I N721 D OD "E 1 20.01' 11 • 11 OAR Ili �SJ�� I!` CITY OF NORTH RICHLAND HILLS I �: TX- TARR- FRAP- 014.OD 015.00 016.00 -017.00 VOL 9458 PO 538 I' (m 1f7J 2N 2u 24 i / 7.5' ELECTRIC / / EASEM / VOL 9774 i PG 1757 I` / 31 \ \ }e III (Cu1 i r nrtrr �s t 30' SANITARY ` EASEMENT r / VOL 7157 PG 792 'I 1 5P" \ \ 20' LICE \ \ \ 31,''1761 G. \♦ \ 15 _ 10' SANITARY e \\ EASEMENT 3 \\ VOL 6729 PO 240 \\ DONIt & KAY H WATERS ETUX LOT 3R BLOCK 11 FOSSIL CREEK TRAILS, VOL 388 -206 PG 62 VOL 8893 PG 1730 RICIiLAND HILLS \ t \ TRACT ---- _ _._. _...1� \...._... .F./ (�M)._... TX TARR —FRAP 01400 018.00 016.00 017.00 'iM 9458 PG 538 \♦ \ k�,� /�"�... ..... on Im 2N 2L 2A3) _.... ._....__ BASIS..O.- BEARINGS /. t S8974 40'W POINT OF IGENE do JOAN STANLEY BEGINNING IX-',rR- FRAP- o19 .01;10620.1 01 VOL 12980 FG (D+ sA 30 CIRCLE T GIRL SCOUT COUNCIL TRACT 7X- TARR - FRAP - 019.00_- 020:00 VOL 4688 PG 374 (m - 2Aa) 0 FOUND IRON ROD W/YELLOW PLASTIC CAP ♦ FOUND 112' IRON ROD W) cowm UaNume" (AS'SENGIr8 DAZO — APPROXWE A95MACT LINE COMBINED SCALE FACTOR; 1.0 0 01 472 6 9 M\ 52M\ACnVE\ta71a73 55\DRAWNa\212-FRAP\D UeITS\Dr"M- 219- DHBT- 01 A.OMM 13 dookk Jos �/ DOWNTOWN DESIGN SERVICES, INC. sbnb0 CcInulona Inc. uv�y,oyc�L.T sm TT.L 1t18A1i.fotot�a 5xLIM TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING COUNTY OF TARRANT, STATE OF TEXAS 20' LICENSED AREA FOSSIL RIDGE M ARC PARK am FD®19 A -1 i B ORA" 1,Ry n�pp� WAD -.=a By Kwo uutmtT °ma PEN stAc/oo 0 100' 200' my= ADOW Cut NOSL PRD= WAM LWAIM OF PAAUUW SECTION coomm 'E= 94EET 3 OF 4 EXHIBIT "A" A 20 —FOOT LICENSED AREA ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 9458 AT PAGE 538 AND ACROSS A 10 —FOOT SANITARY SEWER EASEMENT DESCRIBED IN VOLUME 6729 AT PAGE 240 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE SARAH SAWYER SURVEY, ABSTRACT 1425, ALSO IN THE WILLIAM A TRIMBLE SURVEY, ABSTRACT 1520, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY BOUNDARY OF SAID PARCEL FROM WHICH A FOUND 1/2' IRON ROD BEARS N4720'41`E 277.93 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY S89'24'40'W 21.11 FEET; THENCE N1916'10'W 1554.90 FEET TO THE NORTHERLY BOUNDARY OF SAID PARCEL FROM WHICH A FOUND IRON ROD WITH A YELLOW PLASTIC CAP BEARS S72'IO'OO'W 942.04 FEET; THENCE ALONG SAID NORTHERLY BOUNDARY N7210'00'E 20.01 FEET; THENCE S1916'IWE 1561.16 FEET TO THE POINT OF BEGINNING; CONTAINING 31,181 SQUARE FEET OR 0.715 ACRES, MORE OR LESS. BASIS OF BEARING: THE SOUTHERLY LINE OF THE PARCEL DESCRIBED IN VOLUME 9458 PAGE 538 OF THE TARRANT COUNTY RECORDS BEARS S89'24'40'W (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE. TO PARTIES. INTERESTED_ IN .TITLE. TO.. THE..PREMISES SURVEYED, I . DO. HEREBY. CERTIFY THAT THE ABOVE PROPERTY DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM. AN. ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. DATE OF SURVEY: 07/12107 — 05/23109 SEE SHEET 2 FOR EASEMENT INFORMATION pI DOWNTOWN DESKiN SERVICES, INC. 81anUc Coneul@ng Inc 2M ZL.*= 1L Naar to x1a m eI7�3.C110 ra anc,trn�� PAUL E. MANNEL REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5533 DATE OF SIGNATURE' /_ //_ W/p FOUND IRON ROD W/YELLOW PLASTIC CAP FOUND 112' IRON ROD (CM) coomaL MWAERT (ASSESSvrs aAT,U APPR=kfATE ABSTRACT LINE TEXAS MIDSTREAM GAS SERVICES CITY OF NORTH RICHLAND F COUNTY OF TARRANT, STATE OF AM cow" A-1 k B std 111AMAZI $CA- r .2W Km t mm o Boma M 11ASIN W= Amwol OR NCS. rRmm EMUM OE4fMON NrLml I SHEET 4 OF NT�Ao CITY OF NORTH -RICHLAND HILLS VOL 14865 PG 144 (m aU CITY OF NORTH RICHLAND HILLS rVOL 5143 PC 59 (m W) aTtir of Noant watu►Na ►ties ..... - -- - aTY of NORTH TRAOT-TX- TARR -FRAP -11=1 ._ .. RICHLAND HILLS BIRONLLE LSD LOTS 3=7 TRACTS ONE & TWO TRACT RICHLAND HILLS VOL 6s5s PC 9 TX- TARR- FRAP- 031.OD -MD0 WEST ADDITION INSTRr D207397504 VOL 385 -180 PO 41 OR 1. t c 0) (SM P41M) (CM) (cart DATA) — - - - - APPRMA19 A957BACf LME COMBINED SCALE FACTOR.1.000147269 µ�liT1171�AC'RVE�1671 �77�S�ORANW G�21A.FRAP�E7Gi1BR9�W 335W2iP- 001�f- OZ&00�2Y. W�0.01.ON�G EXHIBIT "A -1 TP LOCH TEXAS MIDSTREAM GAS SERVICES 34 va: 356-30 PG 56 WE CPO D"OND OAKS LP tsmv DNO TRACT Tx- TARR- FRAP- O2ZOO:D27.DO 35 INSiR/ D203411430 JEFFREY BRIAN BAKER PRWOW PIPE M Qi0SM TRACT TX- TAMP- 0nZ-029.IX)-X01 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT STATE OF TEXAS EXHIBIT FOSSIL RIDGE TO O ARC PARK (m IAt W) BLOCK 23 LOT 2 35 35A RICHLAND HILLS DOWNTOWN DESIGN SERVICES, INC. 378 WEST PG VOL 355-8 113 INSTO D2D4M950 6� �0 ArasB1 �f. NYX DRIVE NORTH (50' R( 0R1M1 3 +ln�/m etiq�5V1" 2 1 4 CP �y at B APPL01[9 s E LICENSED PROPN RTTY: 5 THAT MUST BE BORED 7 6 CITY OF NORTH RICHLAND HILLS 9 ROBERT Ep�g TRACT TX- TARR -FRAP- 025.00 - 026.00 10 INSTRf TRACTS ONE & TWO 11 REP LA OF RICHLAND D22O711823 1 VOL 6&W P 79 HILLS WEST SE 12 235 13 14 13 TRACT ONE NT�Ao CITY OF NORTH -RICHLAND HILLS VOL 14865 PG 144 (m aU CITY OF NORTH RICHLAND HILLS rVOL 5143 PC 59 (m W) aTtir of Noant watu►Na ►ties ..... - -- - aTY of NORTH TRAOT-TX- TARR -FRAP -11=1 ._ .. RICHLAND HILLS BIRONLLE LSD LOTS 3=7 TRACTS ONE & TWO TRACT RICHLAND HILLS VOL 6s5s PC 9 TX- TARR- FRAP- 031.OD -MD0 WEST ADDITION INSTRr D207397504 VOL 385 -180 PO 41 OR 1. t c 0) (SM P41M) (CM) (cart DATA) — - - - - APPRMA19 A957BACf LME COMBINED SCALE FACTOR.1.000147269 µ�liT1171�AC'RVE�1671 �77�S�ORANW G�21A.FRAP�E7Gi1BR9�W 335W2iP- 001�f- OZ&00�2Y. W�0.01.ON�G SEE SHEET 2 FOR EASEMENT INFORMATION TEXAS MIDSTREAM GAS SERVICES PRWOW PIPE M Qi0SM TRACT TX- TAMP- 0nZ-029.IX)-X01 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT STATE OF TEXAS EXHIBIT FOSSIL RIDGE TO O ARC PARK DOWNTOWN DESIGN SERVICES, INC. 0R1M1 s� +ln�/m saw t'- �Br CP �y at B APPL01[9 C ' 9MWT 1 OF 1 9tB11BeConwWpino AT�11 ma M i17.71RtBlo Rot.. B1T.SL1Bi0 -- uwal�Arr^ BEY. GATE By AMP. ommar 1011 EXHIBIT "A -1" CITY OF HAL70M CITY TRACT 7X— TARR —FRAP- 008.00 VOL 4046 PG 270 (w to) WARREN INN HALTOM CITY LTD VOL 12247 PG 1315 (m 1FW) VOL 338 -154 PG 73 D205373437 (s w 8mv 1 -J1 -10 CITY OF NORTH RICHLAND HILLS 7RACr 1X TARR FRAP -0 OD-01a0G VOL 9466 PG S36 SEE SHEET 2 FOR EASEMENT INFORMATION DOWNTOWN DESIGN SERVICES, INC. Ssanuc Conw ong Inc. z IIOwgie n 7Q0iTa T J17.TfSUfO X46! so SV� REGIONAL RAIL ROW 00 TRACT VOL 55 PG 536 (TR2t4) (CM) CONTROL MONUMENT (ASSExsOlft DATA) - APPROXIMATE ABSTRACT LM Q" �`y� J� � 5V gyp!^ .00;,o HALTOM CITY NOTE: - - - ���— UCENSED PROPERTY THAT MUST BE BORED TEXAS MIDSTREAM GAS SERVICES PROPOSED PW"E tA059NO TRACT TX— TARR —FRAP- 009.00 - 010.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS EXHIBIT 'A -1' FOSSIL RIDGE TO ARC PARK �. SJnt 11/w/OJ SCA t' -N /A oiECr m si/w/u 0 150' 300' sJCnw GESGRP110N RAOD SHEET 1 OF 11 EXHIBIT "A -1'r LICENSED PROPERTY BLOCK ONCOR ELECTRIC THAT MUST BE BORED DELIVERY CO LLC TX- TARR -FRAP -019.00020 1 Q� TRACT TX- TARR -FRAP- 013.00 p,'J�- �.�fG� 3 VOL 2868 PG 449 I !n) 36 cm VY 35 CITY OF NORTH RICHLAND HILLS ' $" yJ 4 LOT 26 BLOCK 1 ' 32 33 21 IRON HORSE WEST ADDITION I CAB A SL 1837 31 �� 22 VOL 12068 PG 378 I 30 23 (smi 2rxi m) 29 BLOC 1 24 CITY OF NORTH RICHLAND HILLS 25 TRACT TX- TARR -FRAP- 014.00 - 015.00 018.00 - 017.00 28 26 27 VOL 9458 PG 538 14 13 (m tnJ 2V 2V 2A3) 1 DAVID LEE MCDAVID i '. MEADOW LAKES ADDITION TERRY k DELORES BROWNING ETUX ETUX NANCY I CAB A SL 32 VOL 13428 PG 183 VOL 7961 PO 1455 (svgs/ 2s42s) HM 2s2U (m 1FrGA) JESSIE ZIEMER T VOL 7961 PO 1 7 as MEADOWLAKES ftR 1rt1A) arsrnPnor DOM IMP ASSI VOL 10827 PG 120 yFR4 7 1 CHARLES L & p 2 BEVERLY MCCAULEY 3 VOL 7961 P 6� 4 ELMER G STANLEY (m rrT-) VOL 8962 PG 1918 (m 1) DIAMOND OAKi J -)) -!o ADDITION LOT 3R BLOCK 11 CIRCLE T GIRL ACT C - 23 -PG -26 FOS51L- CREEK -TRAL (sago 1"70) VOL 388 -208 PG 82 TX- TARR -FRAP -019.00020 VOL 8893 PO 1730 VOL 48B8 PG 374 ............ ....... - -..., II...... (CM) Comm MHkNA1w (Ag6tiS IrS DATA) - - - - — APIPIMATE AM= LK COMBINED SCALE FACTOR:1.0001475 =S\DRAWwG \21 a-FRAP\MIR"5\G735W- 119— MIOT— M4.OUM TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR EASEMENT INFORMATION ism Pullm cRomHp TRACT TX- TARR4VJ -014.O -MS. L0I6. X17.0 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT STATE OF TEXAS EXHIBIT *A -1 FOSSIL RIDGE TO ARC PARK a DOWNTOWN DESIGN SWAM, INC. 0 A m mac r -sor oHFaao pHa� aanaN 'm aoH 11/HDN II.Ak" 0 ISO, 300' SHEET 1 OF 1 = SE CGmulGnp Ina 76L�g,iu4® rk u7LSH o'w rr. urxsnI - �� uv. as Art. arsrnPnor EXHIBIT "A--2" DIAMOND LOCH 34 VOL 366 -50 PC S6 CPO DIAMOND OAKS LP (Bumf DH40) TRACT TX— TARR— FRAP- 02200 -027.00 35 INSTRO D203411430 JEFFREY BRIAN BAKER BLOCK 23 LOT 2 36 38A RICHLAND HILLS CITY OF NORTH RICHLAND HILLS 398 37B WEST ADDITION � K STE gS TRACT TX- TARR -FRAP- 025.00- 029.00 37A VOL 366-6 PC 115 INSTRO TRACTS ONE & TWO INSTf D204335950 D207182341 (soma lasso) Ar �� NIYX DRIVE NORT1i SO' RI �S 3 'OVA 2 1 4 CITY OF NORTH RICHLAND HUB VOL 14885 � 144 CITY OF NORTH RICHLAND HILLS ArVOL 5143 PC 59 (m ae) CITY OF NORTH S TWO PD 79 (m 4N 17 1B 19 20 21 22 23 TRAC TWO 24 _- CITY OF NORTH ...._ ...... INSTRj D2073976D4 VOL 366 -180 F (m t, s ae) (svao P4130) (CM) OMMM WV DAORUMENT . - — APPRCm1u1E ARSWCT LNE COMBINED SCALE FACTOR:i.0 0 01 47 25 9 % \sn7t \AcnvE\ ianaraae\DMMNG\210-FRAPW"enS\07MSV- 211- EMUIT- DMDD..D27.W- 3MOIAM TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR PROPS PEE CROS o EASEMENT INFORMATION TRACT TX- TARR -FRAP- 02&00- 029.00 -30.01 CITY OF NORTH RICHLAND HR1S COUNTY OF TARRANT, . STATE OF TEXAS OOWMO DESIGN SERUICfS, INC. .dlIftL 6tuntsoCemulUnoLte. araanrnON WAD 1' -xd 0 150' 300' SHEET � CITY OF NORTH RICHLAND HILLS � K STE gS TRACT TX- TARR -FRAP- 025.00- 029.00 INSTRO TRACTS ONE & TWO F RICHLANI W12 D207182341 VOL 8558 PO 79 (m 4 4N EST' SEC 3 —76 PC 25 NOTE: LICENSED PROPERTY THAT MAY BE OPEN CUT TRACT ONE CITY OF NORTH RICHLAND HUB VOL 14885 � 144 CITY OF NORTH RICHLAND HILLS ArVOL 5143 PC 59 (m ae) CITY OF NORTH S TWO PD 79 (m 4N 17 1B 19 20 21 22 23 TRAC TWO 24 _- CITY OF NORTH ...._ ...... INSTRj D2073976D4 VOL 366 -180 F (m t, s ae) (svao P4130) (CM) OMMM WV DAORUMENT . - — APPRCm1u1E ARSWCT LNE COMBINED SCALE FACTOR:i.0 0 01 47 25 9 % \sn7t \AcnvE\ ianaraae\DMMNG\210-FRAPW"enS\07MSV- 211- EMUIT- DMDD..D27.W- 3MOIAM TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR PROPS PEE CROS o EASEMENT INFORMATION TRACT TX- TARR -FRAP- 02&00- 029.00 -30.01 CITY OF NORTH RICHLAND HR1S COUNTY OF TARRANT, . STATE OF TEXAS OOWMO DESIGN SERUICfS, INC. .dlIftL 6tuntsoCemulUnoLte. araanrnON WAD 1' -xd 0 150' 300' SHEET � EXHIBIT "B" DIAMOND LOW 34 VOL 388 -50 PO 86 CPC DIAMOND OAKS LP TRACT TX-M- 0103.00000 TX- 7R- 0108.00000 INSTRi DA 203411430 M+ 35 BRIAN 23 BAKER 36 38A RICHLAND HILLS 7 37A 376 VOLTS 8 -D6 PG 115 CITY OF NORTH RICHLAND HILLS 9 INST# D204335950 (W /w1-) 1� V g 1ti NYX DRIVE NORTH 150, Rt 3 2 ROBERT D SWEET 1 4 20'APIPEUNE—, S (AMMWO MA) — - - - — APPRMASE A851RACT LINE V.N szffn\AC11VE\1871CBOBB \,DRAWNC\200_7RBt\DBB817 MNOV- 200- EXHINT -M&OO 00- OfC0.D00IO- MOl.DOOaRDNE 7 7 L! CITY OF NORTH RICHLAND HILLS 9 2 TRACT 7X -7R -OO LO0000, BIRDVILLE ISO ROBERT D SWEET TX- 7R- O100.00000 10 & S K ST PHENS & 1X -7R- 0101.00000 7X -1R- 0097.00000 INSTRf D207397604 rDDrn TRACTS & TWO tt REPEAT OF RICHLAND D20718� 1 VOL 6558 PC 79 HILLS WEST SEC 3 12 VOL 388-78 PO 25 (m ac s aN) (m 4, W (SUW 041m) (SM mr3o) 13 14 15 TRACT ONE 18 111AUN cma r -3W 17 CITY OF NORTH 18 RiCHLW HILLS 19 tl�u/aa VOL 14865 PO 144 8lantacCO72DlUnpina 76W S 7a* an a a7.uy�1 >.1a x in wo �. naaium �� riftli"" (m W 20 22 21 CITY OF NORTH 23 RICHLAND HILLS DATE BT P I OL 51 55 m )PG TWO 24 (AMMWO MA) — - - - — APPRMASE A851RACT LINE V.N szffn\AC11VE\1871CBOBB \,DRAWNC\200_7RBt\DBB817 MNOV- 200- EXHINT -M&OO 00- OfC0.D00IO- MOl.DOOaRDNE 7 1 5151 4131 2 TY OF NORTH RICHLAND HILLS BIRDVILLE ISO CITY OF NORTH TRACT 7X- TR- RICHLAND HILLS 3-7 i%1R- 0100.00000 & 7X-7R-0101.000001 7X -1R- 0097.00000 INSTRf D207397604 rDDrn TRAM ONE iYYO WEST VOL 6558 PO 79 VOL 3BB -180 PO (7R 4 44 (SUW 041m) (AMMWO MA) — - - - — APPRMASE A851RACT LINE V.N szffn\AC11VE\1871CBOBB \,DRAWNC\200_7RBt\DBB817 MNOV- 200- EXHINT -M&OO 00- OfC0.D00IO- MOl.DOOaRDNE Enterprise Texas Pipeline UC PBOPm Pfim m CROSSDIO TRACT TA- TR- CM&D0000- DI00.00000- 0101.00000 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT. STATE OF TEXAS EXHIBIT RIVER BASIN Imo^ r DOWNTOWN DESIGNNSSERVICES, INC. M 111AUN cma r -3W woem aellon tl�u/aa 0 1 0' or 11 8lantacCO72DlUnpina 76W S 7a* an a a7.uy�1 >.1a x in wo �. naaium �� riftli"" IBV DATE BT APP. m EXHIBIT "B" 20' PIPELINE CORRIDOR BLOCK ONCOR ELECTRIC ' 13 DELIVERY CO LLC i 1 TRACT TX— TARR . Off, VOL 2868 PG 449 38, 36 3 (m ID) 35 f(� CITY OF NORTH RICHLAND HILLS _= 34 LOT 28 BLOCK 1 1RON HORSE WEST ADDITION CAB A SL 1837 VOL 12058 PG 378 I (3=j 201ea) CITY OF NORTH RICHLAND HILLS TRACT TX— TARR —FRAP- 014.00 - 015.00 -016.00- 017.00 ' VOL 9458 PG 538 (m rFr3 2R 2M W) I , DAVID LEE MCDAVID ' ETUX NANCY VOL 7961 PG 1455 (m 1flBA) i JESSIE TIEMER E4T VOL 7961 PG 1 7 (m it HI 7 �� 1 CHARLES L do O 2 BEVERLY MCCAULEY �yA. 3 ' VOL 7961 PG 1427 V� 4 ELMER G STANLEY (m 7Fro8) VOL 8962 PC 1916 (m r) DIAMOND OAKS NORTH ADDITION VOL 388 -23 PG 25 (SUaa 0070) 30 �� 29 BLOC 1 28 27 26 MEADOW LAKES — ADDITION CAB A SL 32 (5veaf 25425) TERRY & DELORES BROWNING ETUX VOL 13425 PG 163 (m 2-A) �MEADOWLAKES COM IMP ASSN VOL 10627 PG 120 /FBI ', 104 DON R k KAY H — WATERS ETUX LOT 3R BLOCK 11 CIRCLE T GIRL SCOU FOSSIL CREEK TRAILS TRACT VOL 3BB -206 PG 52 TX— TARR —FRAP -019. VOL 8893 PG 1730 VOL 4588 PG (suea paeo) fm sE 2A5) II (CM) CONTROL uONU4EIJT (ASSES M'S DAW ... - - APPRMWATE ABSTRACT LINE V. \ 52871 \ ACTIVE \l B7108080 \11RA` ANG\20 D_TRBL\EXH n31TS \OB050V- 200- EXHMT- 0115.00000- 01tB.00804nWG Enterprise Texas Pipeline LLC PROPOSM PMBJNE at SHO TRACT TX —TR- 0115.00000- 0118.00000 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS TRINITY RIVER BASIN LATERAL DOWNTOWN DESIGN SERVICES, INC. sywl $11 "/0°/t0 dmoom PEII n/lo /ae rc � Stana L w Cansulting Inc. pRD� 0 100' 200' Isle a Imp eta EL W ft 7e 7611e T, e7 YC r— .17.=Ltll HEM {IDN MY. DATE BY APP. 04 RP40N 'w�� SHEET 1 OF 1 COUNCII EXHfBIT 72B12 CITY OF HALTOM CITY TRACT 7X -TR- 0125.00000 VOL 4048 PO 270 fm 10) CITY OF NORTH RICHLAND HILLS TRACT TX- TR- 012LODDOD- 0124.D000o VOL 9458 PG 538 I fTR TFW & 2A) WARREN INN HALTOM CITY LTD VOL 12247 PG 1315 ,by5,Jrov fn+ IF-) $ �s '� REGIONAL RAIL ROW CO ALLIANCE PJWE T TRACT LOT 2 BLOCK 1 V VOL 58 PC 538 COVENTRY PARK ( (m 2 t 4) ADDITION VOL 388 -184 PG 73 (208373W) 1 -/r -lo (CM) CONTROL VOAi� .- ....._ APPROIOMAIE ARSTAACT LINE �✓ 1 DOWNTOWN DESIGN SERVICES, INC. St6ntac CnnsvlllnH Inc. �1 2610 IE I■ni 270 �!� ! to elr iaio 10 SirtlhC ntsrnwnlw �g P tv os° V HALTOM CITY - - - -- - -- VOL 3ff2lF- PG 217 OR 2A2 X 19) 20' PIPELINE:/ CORRIDOR I QO �O v 5 Enterprise Texas Pipeline LLC PROPOSED FREDNE CROSSING TRACT TX- TR- G122.0ODD0- 0124.00000 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS TRINITY RIVER BASIN LATERAL By sm nps/oe srME t -aOp IiEONn PTL 1i/o0/oa By ROEOT 0 150' 300' yattmr u.EC.IOON RAWEO SHEET i OF i I QO �O v 5 Enterprise Texas Pipeline LLC PROPOSED FREDNE CROSSING TRACT TX- TR- G122.0ODD0- 0124.00000 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS TRINITY RIVER BASIN LATERAL By sm nps/oe srME t -aOp IiEONn PTL 1i/o0/oa By ROEOT 0 150' 300' yattmr u.EC.IOON RAWEO SHEET i OF i POINT OF BEGINNING EXHIBIT ItQto - - - - - -- I "SB978'49 -W 329.05 1JRA9RLA'F . t � __. _...._. _.. 20' TEMPORARY WORKSPACE 17,073 SFf 0.392 AC* TRACT ONE 20' LIC AREA CITY OF NORTH RICHLAND HILLS TRACT TX- TARR -FRAP- 028.00 - 029.00 &TX- TARR -FRAP- 030.01 TRACTS ONE k TWO VOL 6558 PO 79 ('R 4A) PG 9867 OHYX DRIVE NORTH (50' ROW) / VOL 5521 PG 1 2 4 5 6 7 a a - REPLAT OF RICHLAND HILLS WEST SEC 3 VOL 386 -78 PG 25 - (wen lstt3o) .� 11 12 .i� 13 14 15 l 1 %VOL 7168 PG 688 11 i 1e 11 11 I VOL 3085 PENT - 22 ADDITIONAL 1 i l 21 NORKSPA ADDITIONAL- . NO....1 l ..... 1 IWORKSP TRACT i I I N0, 2 1 -- - --- - TWO -- 24 ONYX DRIVE SOUTH (50' ROW) �• (CM) CMUOL UMMENT (ASSEWW'S DAU) — - - - — AWROX YAiE AL MOT LINE COMBINED SCALE FACTOR:1.000147269 V:\ 5U7l \ACTIVEN67tD73W\°FtAWNG%219- M- \MIB[73\07=V -Mg- Mier -02a W-=.DG- M.01.Dwc 11 1/07/10 AM PEA AM 01 6 A-t, IN A 0 TEXAS MIDSTREAM GAS SERVICES 10 w3D/00 mu Few low ym in SEE SHEET 2 FOR EASEMENT INFORMATION • 11/04/00 y6 mm � EA. MW PTMR -F AP-0 LytD- TRACT TX- TARR-FRAP- 028.00- =00-30.01 a os/1°/M w SA mSmDOwTwk9omw CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT. STATE OF TEXAS ap rIN m= Apps WORWA E 6 Aw rr iO4 � AMM" Ills �. FOSSIL RIDGE TO ARC PARK DOWNTOWN DESIGN SERVICES, INC. 6 m/2Vu ass uu 1¢MFro ADanalu wCnAPAa airy II/n/D° sr�tEi r.am 4 tom .AY it RAM E40M LDDAIID1Di OIB By P�.ezF P94 IIA41U 0 100' 20D' slP>:T-1 OF 2 9uDUDCOmWUnpl0c. 2w ¢ = n°'i3 TO 0110 F- 2111MLIM 3 n/nM aw0 I 9A MM E JOW "DIN z n/mM PWI.Wl RW8 AMV= Cm x55 sanaN Ann= REV. DATE OVIAPP.1 D60WTON EXHIBIT AAC'A 20' LICENSE AREA NO. 20' TEMPORARY WORKSPA 30. TRACT ONE CITY OF NORTH RICHLAND HILLS TRACT TX- TARR -FRAP- 028.00 - 029.00 TRACTS ONE & TWO VOL 5558 PG 79 (M W SB9'41'39'W 20, N89'56'46 "E 2276' ADDITIONAL WORKSPACE NO. 1 6,491 SFt 0.149 AC* N01'18'02'W 169.51'- - S11'40'30 "E 169.73 - 500'02'40 "W 2.99" — POINT OF BEGINNING - S89'41'39'W 53.26' - ONYX DRIVE SOUTH (50' ROW) POINT OF BEGIN CITY OF NORTH LAN HI11S N89'41'39'E 82.78' TRACT TX- TARR -FRAP- 030.01 N00'30'19'W 118.52 — TRACTS NE TWO SOOM2'40'W 118.3B' VOL 85555 8 PG 79 9 N (m 4______________- ------------- ADDITIONAL WORKSPACE NO. 3 8' ELECTRIC 9,738 SFt 0.224 AC* EASEMENT S89J0'14 "W 81.8! TRACT TX- TARR -FRI _- _...___.. - ------ IEPLAT OF HILLS WESTISEGLAND qt3 *0 VOL 388 -78 PG 25 p` `i �� (SURD /o413D) � 1g Et� \ 30' SANITARY EASEMENT 'VOL 7188 PG 988 i E L i ' 13 14 — ADDITIONAL WORKSPACE NO. 2 k Ek VOL 3085 PGp3733 bf 2O 22 21 529'15'45 E 34.29' 25 24 DINT OF HWNNING BEGINNING rjjADD 28'11'E 117.93' IMO I WOR KSPACE N0. 4 7 334 SFt 0.308 ACf CITY OF NORTH RICHLAN0 HILLS LOTS 3 -7 RICHLAND HILIS-WEST-ADnrnoN — VOL 388 -180 PG 41 (SURD IwuD) BASIS OF SEARING: THE NORTHERLY LINE OF THE PARCEL DESCRIBED AS TRACT ONE IN VOLUME NUMBER 6558 PAGE 79 OF THE TARRANT COUNTY RECORDS BEARS NB9'26'49 -E (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE. (CM) CONTROL MONWIDIT AS=S" MAJ - - - - —AI MIZOMME ABMAOT UNE COMBINED SCALE FACTORtl.DOD147259 \4 \S7W 1 \ACRVE\1 °71 W 7¢ ¢�vAAYHNQ\21Q_FiUP\flWIBIiS \O73l RSV- 2IQ- EOIIQT- ¢24OO..DRY.00�7CO1.¢WO SEE SHEET 2 FOR EASEMENT INFORMATION tt 0 m rot on tzar A-1. a + 0 TEXAS MIDSTREAM GAS SERVICES 1° 17/7°/0' y" FDA "tom° wa a Q 11A14/¢I .MY PW "M u>Drxt PROPOaD PIPEID� atOSSQro TRACT TX TARR- FRAP- O4HO�D29.DD -3QOt CITY OF NORTH RICHLAND HILLS COUNTY DI TANAL W STATE C TEXAS ADDITIONAL RIDGE WORKSPACE FOSSIL RIDGE TO ARC PARK A 06/10/00 nP SA Al �SiO 10M LMS R XO $00 DOWNTOWN DESIGN S17iVICEf, INC. 0�� AP MM QeNSm A0a1a+K � 6 /N Ap AN KVM Ao UK& WoMVAa S 08/11/06 AS AN 6S W AMUN K Mux1PAM 0R111N my SM M/13/E6 S CAM r - ar 4 S2AP/°i AM SA RMSR¢ W7f11F11T IDGSONS Om® rnoa� 6ID11ON -ffhL- APPwO4[D IhFll 11/14/0¢ 0 10' S UEr 2 OF 2 SSanfl¢Cansultlnpina rim5ya,1h,Sa7Xo 651 i 1173[5.0111" CR F- 017=1003 - - —.w — 3 fl/N/fl/ 5'510 QA QEMM G'bRlir YIOIN a R/m/ro PDJ .uu SSrxgQ AAOSQR t n1 006 KM DAU BY APP. Oak*"ON Exhibit "D " 66" YELLOW DRV WITH DECAL ON EACH SIDE OF MARKER A R N I N G- P I Gp AE �' S I N E Mc me EmmommymmU 1- 800 - 566 -9306 111 Chesapeake 81m ay BLACIC ON WHITE UF9m =lHA=M=Nm WR11M=4%nW AlfaOrm 0=8 MGM YMI>9 C52MAM claimWnCHWFMYYfi M%LA7WWX=L S MIDSTREAM O A S S E R V I C E 8 REV_ DATE RY I DESCR1PilON cHK. DRV COMPOSITE MARKER PROJECT NO. ®® � DRAWN BY: 0051 DATE: 1-14-0e DWG. NO. REV. CHECKED BY. DATE; STD-P-0100-A205 SCALE: NONE I APP.: NOTE s ANGLE TO BE FIELD DETERMINED 12 "X 12" POST Exhibit "E" —,1 "X 6" RAIL LOCUST PINS CORNER POST SECTION 811 TAPERED BEVEL I TYP J,r ON BOTH ENDS 7'-- 8 " TYR. RAIL ELEVATION! I" BEVELED EDGE B" X ©" POSTS AT 8' O.C. co ° 3" X G' RAILS MORTISE JOINT (TYR) � N 7 COMPACTED BACKFILL NOTE PREFABRICATED POSTS,.RAILS_Ek PINS PER SPECS, I E �In ELEVATION '� DuutsLE RAIL F PI cl SCALE CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2 -8 -2010 Presented by: Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2 -8 -2010 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: City Secretary Council Meeting Date: 2 -8 -2010 Presented by: Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2 -8 -2010 Presented by: Councilman Tom Lombard Agenda No. H.1 Subject: Announcements -Councilman Lombard Announcements The North Richland Hills Fire Department offers CPR classes once a month at the Fire Administration Building. The next class is scheduled from 1 p.m. to 5 p.m. on Saturday, February 13. The cost is $25. To sign up or get more information, please call 817 -427- 6901. Early voting for the March 2nd Republican and Democratic Primary Elections will be held February 15th through 26th. In North Richland Hills, early voting will take place at the NRH Recreation Center, 6720 NE Loop 820. Early voting will also take place at several other locations in Tarrant County. For a complete list of voting times and locations, visit www.tarrantcounty.com /evote or call 817 - 831 -VOTE. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Debbie Heizer, Neighborhood Services Department A resident called to commend Debbie for helping to solve a water drainage issue on their property. The family recently moved here from Georgia and they were thankful for all the help and support that Debbie extended. Keep up the good work! CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2 -8 -2010 Presented by: Agenda No. H.2 Subject: Adjournment