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CC 2010-08-09 Agendas
CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, August 9, 2010 4:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 New Recreation Center Design and General Update (30 Minutes) A.3 Project Status Update and Review of the Development Plan for the Food Services Building and New Attraction at NRH2O (10 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Mineral Leases) B.2 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.1 Municipal Setting Designation (MSD) Overview (15 Minutes) C.2 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on August 6, 2010 at = a.m. x ,._.�..,w. /ui ( 01 L s ist nt WSecretary 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 — August 9, 2010 Page 1 of 4 a r CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, August 9, 2010 7:00 P.M. --------------------------------------------------------------------------------------------------------------- Hard 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 Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------- A.0 Call to Order - Mayor Trevino A.1 Invocation - Mayor Pro Tern Sapp A.2 Pledge - Mayor Pro Tern Sapp A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of July 26, 2010 City Council Meeting NRH City Council Agenda —August 9, 2010 Page 2 of 4 C.0 PUBLIC HEARINGS C.1 ZC 2010 -03 Public Hearing and Consideration of a Request from Thomas Andrews for a Zoning Change from "AG" Agricultural to "R -1 -S" Special Single Family on a portion of Tract 13A2 in the T. Peck Survey (located at 8500 Clay Hibbins Road - 2.00 acres.) - Ordinance No. 3101 C.2 ZC 2010 -04 Public Hearing and Consideration of a Request from the City of North Richland Hills for a Zoning Change from "AG" Agricultural and "I -1" Light Industrial to "U" Institutional on Tract 3C in the L.C. Walker Survey and Block 1, Hansard -Lewis Addition (located at the southeast corner of Hawk Ave. and Bud Jensen Dr. - 10.38 acres.) - Ordinance No. 3102 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 GN 2010 -056 Approve Ordinances Amending Sections 54.121, 54.170, 54.173, 54.174, 54.175 and 54.179 of the North Richland Hills Code of Ordinances; For the Times School Speed Zones and Traffic Control Regulations are in Effect around School Locations - Ordinance Nos. 3103, 3104 & 3105 E.2 PW 2010 -026 Approve the Agreement for Water Service between the City of Fort Worth and the City of North Richland Hills (Fort Worth Wholesale Water Contract) E.3 PW 2010 -025 Award of Project RFB No. 10 -041 to J & T Excavating, LLC in the Amount of $1,109,257.10 for the Construction of the Douglas Lane Street and Utility Improvements Project (ST0801) from Hightower Drive to Starnes Road F.0 GENERAL ITEMS F.1 GN 2010 -057 Setting Date for Public Hearings for 2010 -2011 City Budget, Parks and Recreation Facilities Development Corporation and Crime Control and Prevention District Budgets F.2 GN 2010 -058 Setting the Date for the Tax Rate Public Hearing and Vote on Placing the Tax Rate Adoption on the Agenda of the September 13, 2010 Council Meeting G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda NRH City Council Agenda — August 9, 2010 Page 3 of 4 H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Welch 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 ills_, Texas in compliance with Chapter 551, Texas Government Code on August 6, 2010 at f) a.m. sis ant Ci y 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 — August 9, 2010 Page 4 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, August 9, 2010 4:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 New Recreation Center Design and General Update (30 Minutes) A.3 Project Status Update and Review of the Development Plan for the Food Services Building and New Attraction at NRH20 (10 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Mineral Leases) B.2 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 Hiills, et al (No. 352 - 237213 -09) C.1 Municipal Setting Designation (MSD) Overview (15 Minutes) C.2 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on August 6, 2010. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817- 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, August 9, 2010 7:00 P.M. Hard 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 Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. A.0 Call to Order - Mayor Trevino A.1 Invocation - Mayor Pro Tern Sapp A.2 Pledge - Mayor Pro Tern Sapp A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of July 26, 2010 City Council Meeting � ll =91J0.11[is:IOF,:1V Ir[thy C.1 ZC 2010 -03 Public Hearing and Consideration of a Request from Thomas Andrews for a Zoning Change from "AG" Agricultural to "R -1 -S" Special Single Family on a portion of Tract 13A2 in the T. Peck Survey (located at 8500 Clay Hibbins Road - 2.00 acres.) - Ordinance No. 3101 C.2 ZC 2010 -04 Public Hearing and Consideration of a Request from the City of North Richland Hills for a Zoning Change from "AG" Agricultural and 1 -1" Light Industrial to "U" Institutional on Tract 3C in the L.C. Walker Survey and Block 1, Hansard -Lewis Addition (located at the southeast corner of Hawk Ave. and Bud Jensen Dr. - 10.38 acres.) - Ordinance No. 3102 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 GN 2010 -056 Approve Ordinances Amending Sections 54.121, 54.170, 54.173, 54.174, 54.175 and 54.179 of the North Richland Hills Code of Ordinances; For the Times School Speed Zones and Traffic Control Regulations are in Effect around School Locations - Ordinance Nos. 3103, 3104 & 3105 E.2 PW 2010 -026 Approve the Agreement for Water Service between the City of Fort Worth and the City of North Richland Hills (Fort Worth Wholesale Water Contract) E.3 PW 2010 -025 Award of Project RFB No. 10 -041 to J & T Excavating, LLC in the Amount of $1,109,2.57.10 for the Construction of the Douglas Lane Street and Utility Improvements Project (ST0801) from Hightower Drive to Starnes Road Iffl =eJ:110 1:11:7 =10 19 21 LTA 6 F.1 GN 2010 -057 Setting Date for Public Hearings for 2010 -2011 City Budget, Parks and Recreation Facilities Development Corporation and Crime Control and Prevention District Budgets F.2 GN 2010 -058 Setting the Date for the Tax Rate Public Hearing and Vote on Placing the Tax Rate Adoption on the Agenda of the September 13, 2010 Council Meeting �e�i��:1xg1� � l ►1 �'��"�'� [�]'►���� �► ►ilk G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda IMKI=101 go] `V►►►!_TI 1101 M1ON 111:7:11 go] .iM H.1 Announcements - Councilman Welch 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 August 6, 2010. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817- 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 70180 Monday, August 9, 2010 4:30 P.M. A.1 Discuss Items from Reaular Citv Council Meetina A.2 New Recreation Center Desian and General Update (30 Minutes) A.3 Proiect Status Update and Review of the Development Plan for the Food Services Buildina and New Attraction at NRH2O (10 Minutes) B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551. Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of Citv Property (Mineral Leases) B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attornev reaardina Pendina Litiaation - 1) Hometown Urban Partners, Ltd. vs. Citv of North Richland Hills (No. 090 - 230530 -09): 2) Arcadia Land Partners 25 Ltd., et al vs. Citv of North Richland Hills (No. 007- 241297 -09): 3) Venue at Hometown vs. Citv of North Richland Hills, et al (No. 352- 237213 -09) C.1 Municipal Settina Desianation (MSD) Overview (15 Minutes) C.2 Adiournment CITY OF NORTH RICHLAND HILLS Department City Secretary Council Meeting Date: 8 -9-2010 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 8 -9-2010 Presented by: Vickie Loftice 1 Bill Thornton Agenda No. A.2 Subject: New Recreation Center Design and General Update (30 Minutes) Summarv: Staff will provide a general update on the recreation center project along with design revisions based on City Council and stakeholder input. Staff is also seeking concurrence on the use of exterior building materials for the recreation center. General Descrir)tion: The Recreation Center project is moving along schedule with design development substantially complete and construction documents underway. Brinkley Sargent Architects (BSA) continue to make adjustments based on stakeholder input including redesigning the intersecting area between the senior center and the banquet facility. Given that pedestrian and bicycle access is an important component of the project, revisions are being made to the landscaping plans and pedestrian pathways to strengthen access and connections between the recreation center, the library, the HomeTown business district, residential areas and future development. Way finding signs will also be incorporated along pedestrian pathways to guide guests to the main entry. The selection of architectural materials for the facility responds to its massive size and unique uses including the different but complementary building articulation of the senior center and the banquet facility. The pallet of exterior building materials includes glass, brick, stone and architectural panels. The greatest percentage of the building exterior will be comprised of glass and masonry. However, portions of the tallest areas are proposed to be constructed with architectural panels selected to accommodate the unique construction demands and scale of the building by employing a construction method that provides the look and feel of masonry. An application for a Special Use Permit has been submitted and will be considered by the Planning and Zoning Commission in August and the City Council in September. This Special Use Permit is for an exception to the masonry requirement, which would allow the use of architectural panels. The Development Review Committee has reviewed the request and concurs with the use of architectural panels. After the construction documents are completed and the Sub - Contractor's Bid Packages received, the Construction Manger at Risk will provide the City with the Guaranteed Maximum Price. According to the architect the ground - breaking is still on schedule for late October. Staff will provide a PowerPoint Presentation updating the progress of the recreation center including Design Development Cost Evaluation, Site Plan, Floor Plan, Facility Amenities, Fitness Center Spaces and Architectural Materials. Staff is seeking the following from City Council: • Input and comments on the recreation center project status and progress • Concurrence with the pallet of architectural materials including the architectural panels on the upper levels of the facility. Respectfully Submitted, Vickie Loftice Managing Director of Community Services CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: Joe Pack Council Meeting Date: 8 -9-2010 Agenda No. A.3 Subject: Project Status Update and Review of the Development Plan for the Food Services Building and New Attraction at NRH20 (10 Minutes) Summarv: This item is to provide a project status update on two NRH2O projects which are included in the NRH20 Capital Budget. Design work is progressing on a new food services building with elevated outdoor deck seating and a new water park attraction to be located southwest of the Accelerator. General Description: The current NRH2O Capital Budget includes a new attraction and food services building scheduled to open in 2011. Both projects are recommendations of the Strategic Plan Update. The food services building will be located in the south central area of the park and will replace the existing Hopper building with a new kitchen, service area and expanded seating. The new attraction will be located in the southwest area of the park near the Accelerator and Beachside Bay. Our consultant, Schrickel, Rollins and Associates (SRA), is progressing with the design and preparation of plans and specifications necessary to solicit bids for the construction to be completed in time for the 2011 summer season. The food services building will include a fully functional kitchen serving multiple areas including the Beachside Bay, the Accelerator, the Cabana area and the NRH area of the park. Additional amenities include: walkways, landscaping and irrigation, signage, outdoor deck seating and elevated deck space designed to accommodate a small stage overlooking the wave pool. SRA is designing the infrastructure to accept the new attraction which was selected from competitive Sealed Proposals submitted by three attraction suppliers. Selection criteria included - Attraction Price - Entertainment Value - Riders per Hour - Rider Experience - Boulevard 26 Statement of Presence - Compatibility with Existing Filtration /Infrastructure - Remaining Development Area within the Park - WOW Factor Based on an evaluation of the selection criteria, the committee selected a family oriented raft ride. The ride selection also supports recent NRH20 customer satisfaction surveys, which revealed that guests want a large, family oriented raft ride with shorter wait lines. The Green Extreme is a popular ride, however it only accommodates approximately 180 riders per hour. The new attraction will accommodate 720 riders per hour along with the ability to allow family members to ride together. Award of bid for the construction of the food services building and new attraction will be presented to City Council for consideration in October or early November. The Park and Recreation Board reviewed and supported the development plan at their August 2, 2010 meeting. Construction is scheduled to begin after the end of the 2010 season, and be completed in time for the 2011 summer season. Staff will present a PowerPoint presentation on the status of the project. Respectfully submitted, Vickie Loftice Managing Director of Community Services CITY OF NORTH RICHLAND HILLS Department City Secretary Council Meeting Date: 8 -9-2010 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 IN k x'901 a NORTH RICHLAND HILLS Department City Manager's Office Council Meeting Date: 8 -9-2010 Presented by: Jared Miller Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Mineral Leases) CITY OF NORTH RICHLAND HILLS Department City Secretary Council Meeting Date: 8 -9 -2010 Presented by: Agenda No. B.2 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 NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 8 -9-2010 Presented by: Mike Curtis Agenda No. C.1 Subject: Municipal Setting Designation (MSD) Overview (15 Minutes) Summarv: QuikTrip Corporation is planning a new store located at the corner of the Loop 820 Frontage Road and Rufe Snow Drive. Because of groundwater contamination from a previous user of this property QuikTrip will be requesting that North Richland Hills designate this property as a Municipal Settings Designation (MSD). Since this request will be brought to Council in the near future Staff wanted to provide an overview of the MSD process. General Descrir)tion: In 2003, HB 3152 created Municipal Setting Designations (MSD). This is a process in which persons addressing environmental impacts to groundwater may be subject to less stringent groundwater investigation and mitigation requirements under the Texas Risk Reduction Program (TRR). A person, typically a developer or property owner, must apply to the Texas Commission on Environmental Quality (TCEQ) for certification of their property as an MSD. This process consists of the following. • File an application with TCEQ establishing compliance with the eligibility criteria for an MSD. • Notify affected municipalities, retail public utilities and private owners of registered water wells. • Demonstrate that the property for which the designation is sought is subject to a municipal ordinance or deed restrictions prohibiting potable uses of affected groundwater. • Obtain a resolution in support of the application from municipalities and public utilities located within a 5 mile radius. • Satisfy TCEQ (after the 60 -day public comment period) that the application is administratively complete and there are no grounds for denial of the application based on current and future regional water resource needs or obligations. If granted, the applicant will not be required to clean up designated groundwater on their site to drinking water standards. However, other cleanup standards such as inhalation and contact must still be met. Since the property is located within the City of North Richland Hills the application for the MSD will not be approved by the TCEQ if the City does not give formal approval. That approval must be by means of a City Council Resolution supporting the application or an ordinance prohibiting potable use of groundwater in the MSD. Potable use is defined here as water used for irrigating crops intended for human consumption, drinking, showering, bathing or cooking purposes. Staff plans to bring an Ordinance for Council's consideration in the near future. The purpose of this Work Session item is to explain the general MSD process. When the ordinance is brought back to Council for consideration in the future the specific details pertaining to the QuikTrip property will be presented at that time. Respectfully submitted, Mike Curtis, P.E. Public Works Director CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -9-2010 Agenda No. C.2 Subject: Adjournment City of North. Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, August 9, 2010 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Mavor Pro Tern Sapp A.2 Pledae - Mavor Pro Tern Sapp A.3 Special Presentations? and Recoanition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Aaenda 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 July 26. 2010 Citv Council Meetina C.0 PUBLIC HEARINGS C.1 ZC 2010 -03 Public Hearina and Consideration of a Reauest from Thomas Andrews for a Zonina Chanae from "AG" Aaricultural to "R -1 -S" Special Sinale Familv on a portion of Tract 13A2 in the T. Peck Survev (located at 8500 Clav Hibbins Road - 2.00 acres.) - Ordinance No. 3101 C.2 ZC 2010 -04 Public Hearina and Consideration of a Reauest from the City of North Richland Hulls for a Zonina Chanae from "AG " Aaricultural and "I -1" Liaht Industrial to "U" Institutional on Tract 3C in the L.C. Walker Survev and Block 1, Hansard -Lewis Addition (located at the southeast corner of Hawk Ave. and Bud Jensen Dr. - 10.38 acres.) - Ordinance No. 3102 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 GN 2010 -056 Approve Ordinances Amendina Sections 54.121, 54.170, 54.173, 54.174, 54.175 and 54.179 of the North Richland Hills Code of Ordinances; For the Times School Speed Zones and Traffic Control Reaulations are in Effect around School Locations - Ordinance Nos. 3103, 3104 & 3105 E.2 PW 2010 -026 Approve the Aareement for Water Service between the Citv of Fort Worth and the Citv of North Richland Hills (Fort Worth Wholesale Water Contract), E.3 PW 2010 -025 Award of Proiect RFB No. 10 -041 to J & T Excavatina, LLC in the Amount of $1,109,257.10 for the Construction of the Doualas Lane Street and Utilitv Improvements Proiect (ST0801) from Hiahtower Drive to Starnes Road zl =e]21rl01 :Ll0111:11r►R F.1 GN 2010 -057 Settina Date for Public Hearinas for 2010 -2011 Citv Budaet, Parks and Recreation Facilities Development Corporation and Crime Control and Prevention District Budqets F.2 GN 2010 -058 Settina the Date for the Tax Rate Public Hearina and Vote on Placina the Tax Rate Adoption on the Aaenda of the September 13, 2010 Council Meetinq �� ».i�il��� ► ►J�y��y[e]►��I�� ►tip G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Aaenda M KIM 1 12 4 1 go] B LTA M 1 1610 F. 10 10011111 1; L 1 1:119631 H.1 Announcements - Councilman Welch H.2 Adiournment NORTH RICHLAND HILLS Department City Secretary Council Meeting Date: 8 -9-2010 Presented by: Mayor Oscar Trevino Agenda No. A.0 Subject: Call to Order - Mayor Trevino NORTH RICHLAND HILLS Department City Secretary Council 'Meeting Date: 8 -9-2010 Presented by: Mayor Pro Tern Ken Sapp Agenda No. A.1 Subject: Invocation - Mayor Pro Tern Sapp NORTH RICHLAND HILLS Department City Secretary Council 'Meeting Date: 8 -9-2010 Presented by: Mayor Pro Tern Ken Sapp Agenda No. A.2 Subject: Pledge - Mayor Pro Tern Sapp CITY OF NORTH RICHLAND HILLS Department City Secretary Presented by: Subject: Special Presentation(s) and Recognition(s) Council Meeting Date: 8 -9-2010 Agenda No. A.3 No items for this category. CITY OF NORTH RICHLAND HILLS Department City Secretary Council Meeting Date: 8 -9-2010 Presented by: Agenda No. A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public 'Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF NORTH RICHLAND HILLS Department City Secretary Presented by: Council Meeting Date: 8 -9-2010 Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -9-2010 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: 8 -9-2010 Presented by: Agenda No. B.1 Subject: Approval of Minutes of July 28, 2010 City Council Meeting Recommendation: To approve the minutes of the July 28, 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 — JULY 26, 2010 1'►yLe]0:l-'1* *1I:Q The City Council of the City of North Richland Hills, Texas met in work session on the 26 day of July, 2010 at 5:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor (present at 5:33 p.m.) John Lewis Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 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 Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Craig Hulse Economic Development Director Gregory VanNieuwenhuize Assistant Public Works Director Chris Amarante Facilities & Construction Director Dave Pendley Building Official Eric Wilhite Chief Planner Jamie Brockway Purchasing Manager Debbie York Neighborhood Services Manager Stephanie East Environmental Health Supervisor Kristin Weegar Marketing & Research Coordinator Absent: Ken Sapp Mayor Pro Tem, Council, Place 2 Call to Order Councilman Lombard called the work session to order at 5:39 p.m. and advised that Mayor Trevino would be joining the meeting later. A.1 Discuss Items from Reaular Citv Council Meetinq There were no questions from the Council. A.2 Transr)ortation and Access - State Hiahwav 1211183 and Bedford Euless Road Councilman Lombard advised that Mayor Trevino would like the opportunity to discuss Item A.2 and was requesting Council delay discussion of Item A.2 until later in the meeting. Council concurred with moving the item to later in the meeting. A.3 Overview on Proposed Fort Worth Wholesale Water Contract Mr. Mike Curtis, Managing Director, presented a PowerPoint presentation giving an overview of the proposed Fort Worth Wholesale Water Contract. The current contract, in effect since April 1, 1989, will expire in December 2010. Council was advised that most of the changes proposed in the contract are formatting and terminology changes. There are a few changes that will impact the price that the City of Fort Worth charges its wholesale water customers. Mayor Trevino was present at 5:33 p.m. and assumed the chair. Five key changes were highlighted and discussed with Council. Councilmember Welch, the City's representative on the Fort Worth Wholesale Water Committee, advised the proposed changes were fair and equitable. There were no questions from the Council. A.2 Transportation and Access - State Hiahwav 1211183 and Bedford Euless Road Mr. Craig Hulse, Director of Economic Development, presented a PowerPoint presentation briefly discussing the background and scope of the study and updating the Council on ramp access alternatives. Mr. Hulse introduced representatives from Kimley Horn & Associates — Anna Carrillo, Brian Shamburger and Dennis Seal. Mr. Seal presented to Council access ramp alternatives to exit to Bedford Euless Road. Council was also presented with other alternatives that would rename the NRH portion of Bedford - Euless Road and maximize space and placement of logo signage. Staff requested direction from Council on their support of the review of exit ramp alternatives with TxDOT and NTE Mobility Partners and the potential name change for the NRH portion of Bedford - Euless Road. Council was supportive of the access alternatives presented and with the possible name change. A.4. Discussion of Becomina a TxDOT Certified Citv Reaardina Billboards on State Controlled Hiahways Mr. Dave Pendley, Building Official, presented a PowerPoint presentation seeking Council input on becoming a TxDOT Certified City which will allow the Council to make rules or grant variances to billboard regulations that are less (or more) restrictive than current state provisions. Because the City's current regulations are the same as the State's, the installation of digital billboards at certain locations is restricted. Mr. Pendley highlighted certification requirements and the pros and cons of becoming a "certified" city. Council concurred with Staff pursuing becoming a TxDOT Certified City. B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followiina as authorized by Chapter 551. Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of Citv Propertv (Mineral Leases) B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchanae or value of real property for municipal use - Central Sector of Citv B.3 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attornev regardinq Pendinq Litiqation - 11 Hometown Urban Partners, Ltd. vs. Citv of North Richland Hills (No. 096 - 236530 -00): 21 Arcadia Land Partners 25 Ltd., et al vs. Citv of North Richland Hills (No. 067- 241297 -09): 31 Venue at Hometown vs. Citv of North Richland Hills. et al (No. 352- 237213 -09) Mayor Trevino announced at 6:17 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 552.072 to deliberate the lease of City Property (mineral leases), Section 551.072 to deliberate the purchase, exchange or value of real property for municipal use — central sector of City and Section 551.071 for consultation with attorney regarding pending litigation — Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096- 236530 -09); (b) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067 - 241297 -09); (c) Venue at Hometown vs. City of North. Richland Hills, et al (No. 352- 237213 -09). C.0 Adiournment Mayor Trevino announced at 7:07 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 July 26, 2010 at 7:13 p.m. ROLL CALL Present: Oscar Trevino John Lewis Tom Lombard Tim Barth David Whitson Scott Turnage Tim Welch Mayor Council, Place 1 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place B Council, Place 7 Staff Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Absent: Ken Sapp City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney Mayor Pro Tem, Council, Place 2 A.1 INVOCATION Councilman Turnage gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Turnage led the pledge of allegiance to the American Flag and Texas Flag. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Yard of the Month Awards Ms. Kathy Luppy, Chair of the Keep NRH Beautiful Commission, and Councilman Lewis recognized the following Yard of the Month award recipients: Dianna Darden, 6616 Briley Drive; Paul Douglas, 4724 Redondo Street; Gerald Dixson, 4809 Lakeside Circle; Ron & Helen Ferguson, 5612 Bogota Drive; Sara Draper, 5817 Arbor Road; Joel Powell, 6704 Richfield Drive; Gean Paden, 6908 Herman Jared Drive; Randy & Becky Izzard, 7909 Forest Lakes Court; John & Rachel Kiningham, 8612 Kensington Lane. Studio 6 was recognized as the recipient of the Business Landscape Award and Cheryl Stine, 7548 Hightower was recognized as the recipient of the SmartScape Award. A.4 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Sadie Ray Graff Educator Award Ms. Doris Tipps, Keep NRH Beautiful Commission member, recognized Kathy Luppy for being the recipient of the Keep Texas Beautiful Sadie Ray Graff Award. The award recognizes educators and educational institutions that encourage youth involvement and promote the Keep Texas Beautiful mission through environmental education. A.5 SPECIAL PRESENTATION(S) AND RECOGNITION(S) 2010 DARE Scholarship Award Chief Perdue and Councilman Welch recognized Trisha Killen of Birdville High School as the recipient of the $500 D.A.R.E. Scholarship Award. A.6 CITIZENS PRESENTATION Mr. Dan Roberts, 1605 Creekridge Drive, Keller, addressed the Council on issues with Chesapeake. Mayor Trevino asked Chief Perdue to meet with Mr. Roberts to address his concerns and advised Mr. Roberts that he could also place his concerns in an email format and send to the Council. A.7 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA ON B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JULY 12, 2010 CITY COUNCIL MEETING B.2 PU 2010 -018 AUTHORIZATION TO REJECT BIDS FOR RFB 10 -039 PAVING IMPROVEMENTS - FIRE STATION NO. 2 COUNCILMAN LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -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. PUBLIC WORKS E.1 PW 2010 -024 AWARD OF PROJECT RFB NO. 10 -034 TO J & T EXCAVATING, LLC IN THE AMOUNT OF $840,828.50 FOR THE CONSTRUCTION OF THE SHADY GROVE ROAD STREET IMPROVEMENTS PROJECT (ST0802) FROM DAVIS BOULEVARD TO CLAY- HIBBINS ROAD APPROVED Mr. Gregory VanNieuwenhuize, Assistant Public Works Director, presented the item. Council is being asked to award a construction contract to J & T Excavating, LLC in the amount of $840,828.50 for the GIP Project identified as "Shady Grove Road Street Improvements Project (Davis Boulevard to Clay - Hibbins Road) ". The project, originally identified in the FY 2007/2008 Capital Improvements Budget, consists of widening approximately 2,200 linear feet of roadway from the existing 21 -foot wide asphalt street to a 40 -foot wide concrete collector street. A drainage system will replace the current bar ditches, sidewalks will be constructed and a sanitary sewer main will be extended across Shady Grove Road to provide service to an unserved area. An Alternate Bid includes an allowance for Shady Grove Road to be restricted to one -way traffic during construction. Staff is recommending the award of the base bid maintaining the two -way traffic during construction. COUNCILMAN WELCH MOVED TO APPROVE PW 2010 -024, AWARDING BID NO. 10 -034 TO J&T EXCAVATING, LLC. IN THE AMOUNT OF $840,828.50 FOR THE CONSTRUCTION OF THE BASE BID (MAINTAINING TWO -WAY TRAFFIC) FOR THE SHADY GROVE ROAD STREET IMPROVEMENTS PROJECT (ST0802) FROM DAVIS BOULEVARD TO CLAY- HIBBINS ROAD AND AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH AGREEMENT. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. GENERAL ITEMS F.1 GN 2410 -054 INTER -LOCAL AGREEMENT BETWEEN CITY OF NORTH RICHLAND HILLS AND TARRANT COUNTY FOR FOOD SERVICE INSPECTIONS AT TASTE OF NORTHEAST TARRANT SPECIAL EVENT APPROVED Ms. Stephanie East, Environmental Health Supervisor, presented the item. Council is being requested to approve an interlocal agreement with Tarrant County Public Health to inspect and permit the food booths at the Taste of Northeast Tarrant event on August 5. The organizers of the event have requested for the third consecutive year that Tarrant County Public Health inspect and permit the event due to a significantly smaller permit fee per booth offered by Tarrant County than the City is able to offer. COUNCILMAN TURNAGE MOVED TO APPROVE GN 2010 -054, APPROVING THE INTERLOCAL AGREEMENT WITH TARRANT COUNTY PUBLIC HEALTH TO CONDUCT HEALTH INSPECTIONS AT THE TASTE OF NORTHEAST TARRANT EVENT. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.2 GN 2010 -055 CONSIDER AMENDMENTS TO CHAPTER 104 GAS WELL DRILLING AND PRODUCTION - ORDINANCE NO. 3099 APPROVED Mr. John Pitstick, Director of Planning and Development, presented the item. Council is requested to consider two minor changes to the City's Gas Drilling Regulations. Staff is recommending a change to Section 104 -6(o) of Chapter 104 Gas Drilling Regulations at the request of Chesapeake Energy to allow a private covenant in lieu of the required 150 foot "no build" public easement around the outside wall of gas drill sites. The second change is to add a new Section 104 -39 to include a requirement for masonry screening around above ground facilities related to gas pipelines such as valve stations. Council was advised that prior to the Council meeting, Chesapeake Energy had expressed concerns to Staff that the masonry walls would hinder their ability to bring in heavy equipment needed to maintain the valve stations. After a brief discussion by Council, Staff advised the wording of the ordinance would allow staff to work with Chesapeake and other gas pipeline companies to work out a solution to the problem with equipment access. COUNCILMAN WHITSON MOVED TD APPROVE GN 2010 -055, ORDINANCE NO. 3099. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.3 PU 2010 -017 RENEW BID NO. 09 -027 FOR WATER & WASTEWATER REPAIR MATERIALS - SECTION B TO ATLAS UTILITY SUPPLY APPROVED Mr. Mike Curtis, Managing Director, presented the item. Staff is requesting Council to consider renewing Section S of the contract to Atlas Utility Supply for accessories used in the construction and repair of the City's water and sanitary sewer infrastructure. Atlas Utility has agreed to hold their pricing the same for the twelve -month renewal period. Mainline Supply Company and ACT Pipe & Supply submitted prices increases for the items in the sections awarded to them. Staff is recommending Sections A, C, & D of the contract be rebid due to the price increases. COUNCILMAN LEWIS MOVED TO APPROVE P'U 2010 -017, RENEWING BID NO. 09 -021 FOR WATER & WASTEWATER REPAIR MATERIALS - SECTION B TO ATLAS UTILITY SUPPLY. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Executive Item B.1 - Consider Approval of an Oil and Gas Lease for 1.1891 Acres of the Stephen Richardson and John Condra Surveys Mr. Jared Miller, Assistant City Manager, advised during Executive Session Council was advised of an offer from Chesapeake Energy to lease minerals under the Bursey Road Senior Center for a bonus of $5,250 per acre with a three -year lease term and 25% royalties. The City will receive a bonus of $6,242.78. COUNCILMAN TURNAGE MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AND OIL AND GAS LEASE FOR 1.1891 ACRES OF THE STEPHEN RICHARDSON AND JOHN CONDRA SURVEYS. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Lombard made the following announcements. The City of North Richland Hills conducts a test of the 10 outdoor emergency warning sirens on the 1st Wednesday of each month. The next test is scheduled for 1 p.m. on August 4th. The test will not be performed if there is low cloud cover or bad weather. The North Richland Hills Recreation Center invites residents to attend its annual Rec Expo & Open House from 9 a.m. to 1 p.m. on Saturday, August 7th. Visitors will learn about the many programs and services offered at the Recreation Center. For more information, please call 817- 427 -6600. The North Richland Hills Public Works Department will hold a public education and outreach meeting on the City's Storm Water Management Program on Tuesday, August 10th. The meeting will begin at 6 p.m. in the Council Workroom at City Hall. The Storm Water Management Program was created in 2007 to reduce the discharge of pollutants into local waterways. For more information, please call the Public Works Department at 817- 427 -6460. Kudos Korner — Rica Garcia & Kim Killian, Police Department. An email was received from a resident expressing extreme gratitude to Detective Garcia and Dispatcher Kim Killian for their quick response to his 911 call. The resident was choking and unable to give his address. Kim quickly determined his location and Detective Garcia arrived within moments to perform the Heimlich maneuver. The resident stated, "I truly love this city, its great civil servants and their prompt service. This team saved me today, I can't thank them enough." A Look Through the Lens - The meeting ended with a short video highlighting recent activities in North Richland Hills. The video showcased 4th of July celebrations that were held earlier in the month in our community. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:07 p.m. Oscar Trevino — Mayor Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -9-2010 Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 8 -9 -2010 Agenda No. C.1 Subject: ZC 2010 -03 Public Hearing and Consideration of a Request from Thomas Andrews for a Zoning Change from "AG" Agricultural to "R -1 -S" Special Single Family on a portion of Tract 13A2 in the T. Peck Survey (located at 8500 Clay Hibbins Road - 2.00 acres.) - Ordinance No. 3101 Case Summary: The applicant, Thomas Andrews, is requesting a zoning change on a 2 acre parcel from AG (agricultural) to R -1 -S (special single - family). Mr. Andrews is purchasing a portion of a larger tract from the current owner. The current owner will maintain the southern portion of the tract (portion not purchased) as agricultural zoning. The portion Mr. Andrews is requesting for R -1 -S zoning is to permit construction of a new single family residence. Plat Status: This parcel has not been platted. A plat is being processed concurrently with this zoning change request. Existing Site Conditions: There is an existing small water body on the portion being rezoned and an existing residential structure located on the southern portion not being rezoned. Some mature trees are scattered throughout the parcel. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. Thoroughfare Plan: The lot has frontage on Clay Hibbins Road which is designated as an R2U residential street. Surrounding Zoning / Land Use: North: R- 21 residential structures East: R -2 / residential structures South: AG I single residential structure West: City of Keller / residential structures Staff Recommendation: Approval of Zoning Change request ZC 2010 -03, Ordinance No. 3101. Planning & Zoning Commission Recommendation: Approval by a 4 -0 vote. Review Schedule: Application: 5124/10 Applicant Revision Time: 1 week Final Hearing: 819110 Scheduling Time: 6 weeks Staff Review: 4 weeks Total Review Time: 1.1 weeks LOCATION MAP Saddle Ridge TH Clay Hibbins Rd_ , c I 1, CD J.. €: i a � i p b �r a 7 __! North Tarrant Pkwy AERIAL PHOTO PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS 0 CO PLANNING AND ZONING COMMISSION T x '� AND CITY COUNCIL Case #: ZC 2010- 03 Applicant: Thomas Andrews Location: 8500 Clay Hibbins Road You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearina: A Public Hearing to Consider a Request from Thomas Andrews for a zoning change from "AG" Agricultural to "R -1 -S" Special Single Family on a portion of Tract 13A2 in the T. Peck Survey (located at 8500 Clay Hibbins Road — 2 acres.) Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, JULY 15, 201 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, AUGUST 9, 2010 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 824 North Richland Hills, Texas 76184 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Brent Etux Lisa Barrett Leslie Geller PO Box 210815 7428 Buckskin Ct Bedford Tx 76095 -7815 Fart Worth Tx 76137 -1571 Alan S Etux Theresa D Hampton Kelly D Galler 8601 Saddle Ridge Trl 8605 Saddle Ridge Trl NRH Tx 76182 -8346 NRH Tx 76182-8346 Charlotte Ann Phillips 8613 Saddle Ridge Trl NRH Tx 76182 -8346 Martha B Phillips 8617 Saddle Ridge Trl NRH Tx 76182 -8346 Mary Jo Etvir Tom Ward 8625 Saddle Ridge Trl NRH Tx 76182 -8345 Mark A Etux Belinda Dunn 8800 Stonewall Ct NRH Tx 761828349 Gary D Franklin 8801 Clay Hibbins Rd Keller Tx 76248 -0219 Robert Etux Whendy Hoch 8609 Saddle Ridge Trl NRH Tx 76182 -8346 Hans Etux Jeanne M Vrij 8621 Saddle Ridge Tri NRH lIs Tx 75182 -8346 Claire Etvir Chad Anderson 8801 Hedge Row Ct NRH Tx 76182 -8350 Michael Garinger Elizabeth & Maria Moura City of Keller 8561 Steeple Ridge Dr 8801 Ridge Run Dr Community Development Dept PQ BOX 770 NRH Tx 76182 -8325 NRH Tx 76182 -8327 Keller, Tx 711244 ORDINANCE NO. 3101 ZONING CASE ZC 2010 -03 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 2.00 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R -1 -S (SPECIAL SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and. WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 2.00 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhiibit A and the site plan as Exhibit B from AG (Agricultural) to R -1 -S (Special Single Family Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. F-11 L , I 1 111119 6 - 11111- -lexel N 17-1 I' 14 0 PASSED AND APPROVED on this 9th day of August, 2010. la ►_r■0 *16 Patricia Hutson, City Secretary CITY OF NORTH RIDHLAND HILLS Oscar Trevino, Mayor ►_1>>: 101► 1= IRIU& tt*]X97:1i',1 :1►19l4=10-1141WiF George A. Staples, City Attorney APPROVED AS TO CONTENT; ,john Pitstick, Planning & Development Director EXHIBIT A FIIELD NOTE DESCRIPTION ALL that certain tract or parcel of land situated in the THOMAS PECK SURVEY, ABSTRACT N©. 1210, in the City of North :Richland Bills, Tarrant County, Texas and being a portion of that same tract of land described in deed to Brent Barrett and wife, Lisa A. Barrett as recorded in Volume 9632, Page 2336, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows= BEG1 NNING at a 1/2 inch capped steel rod stamped "MOAK SURV INC" set for the northeast corner of said Barrett tract, said rod being in the westerly boundary line of Block 2, Steeple Ridge Phase 111, an Addition to the City of North Richland Hills, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 1368, Plat Records, Tarrant County, Teams; THENCE South 01 degrees 30 minutes 39 seconds east with the easterly 'boundary line of said Barrett tract and with the westerly boundary line of said Block 2 (the basis of bearings of the herein described tract) a distance of 51.99 feet to a 112 inch capped steel rod stamped "MOAK SURV INC" set for the most easterly southeast corner of said Barrett tract, THENCE North 89 degrees 07 minutes 41 seconds West with the southerly boundary line of said Barrett tract a distance of 156.5+0 feet to an inner earner thereof, said corner being in a pond; THENCE South 08 degrees 21 minutes 19 seconds Vilest with the easterly boundary line of said Barrett tract a distance of 53.40 feet to a 112 inch capped steel rod stamped "MOAK SURV INC" set,, THENCE South 00 degrees 03 minutes 41 seconds East continuing with said easterly boundary line a distance of 125.84 feet to a 112 inch capped steel rod stamped "MOAK SURV INC" set for the most southerly southwest corner thereof; THENCE North 89 degrees 58 minutes 39 seconds West, passing at 361.94 feet a 112 inch capped steel rod stamped "MOAK SURV INC" set and continuing a total distance of 376.79 feet to a PK nail set in the westerly boundary line of said Barrett track said nail being in Clay Hibbins Read; THENCE North 00 degrees 03 minutes 20 seconds East with said westerly boundary line and with said road a distance of 201.00 feet to a PK nail set for the northwest corner of said Barrett tract; THENCE North 87 degrees 07 minutes 17 seconds East, passing at 14.68 feet a 518 inch steel rod found and continuing a total distance of 546.01 feet to the PLACE OF BEGRgNII G and containing 2.0000 acres of land, more or less as surveyed by Moak Surveyors, Inc. in the month of May 2010. ZONING EXHIBIT r r a 1 11 0 am fil fi l ux.. j " 4 ativn FIELD NOTE DESCRIYRON aw,n rc wawa nx�ncnu..s� ecaim.,msrznrr �•• ..awe �8r. ,�nm !HumSe S Y �., 'S.S.a 9R. A HatscL,ry an4 �i 5'ens�joC 2.0000 ACRES O F LAND e � RMNG A FOWF*N OeIaACP 1 Ml OUT OF'>He iwn ll THOM 8PECKSIIRM,ABSTRACTNg121# aminIDnancatrGr 8 MRTSRTCRLMHML %TAABMCOCfVI'Y,TRW (6k[ eieao .sale eKSCxr 101) �u�sarm�aaw. a�wr a3.,,�`r..�,�ror.. ad u.an X114 �•• ..awe �8r. ,�nm !HumSe S Y �., 'S.S.a 9R. EXCERPT FROM THE MINUTES OF THE JULY 15, 2010 PLANNING AND ZONING COMMISSION MEETING ZC 2010 -03 Public Hearing and Consideration of a Request from Thomas Andrews for a Zoning Change from "AG" Agricultural to "R -1 -S" Special Single Family on a portion of Tract 13A2 in the T. Peck Survey (located at 8500 Clay Hibbins Road — 2 acres.) Chairman Shiflet opened the Public Hearing and asked the applicant to come forward. Thomas Andrews, 0020 Parker Blvd, #2202, NRH, requests to change the property at 8500 Clay Hibbins Road from AG to R -1 -S in order to construct a new single family residence. Eric Wilhite stated the zoning change request from AG to R -1 -S. The exhibit indicates and shows the entire holdings of the current owners of the property right now. This request is to re -zone the portion on the upper part of the exhibit so that Mr. Andrews can construct his single family residence. The current property owners have also submitted a Preliminary Plat, which is the following case, for both of these lots and will eventually come in with a final plat for Mr. Andrews' lot. Mr. Wilhite stated the Comprehensive Land Use Plan indicates low density residential for this area so it meets regulations and Staff recommends approval. Chairman Shiflet asked if anyone wished to speak for or against? Seeing none he closed the Public Hearing and entertained a motion. APPROVED Mark Haynes, seconded by Bill Schopper, motioned to approve ZC 2010 -03. The motion was carried unanimously (4 -0). CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 8 -9 -2010 Agenda No. C.2 Subject: ZC 2010 -04 Public Hearing and Consideration of a Request from the City of North Richland Hills for a Zoning Change from "AG" Agricultural and 1-1 " Light Industrial to " "U " Institutional on Tract 3C in the L.C. Walker Survey and Block 1, Hansard -Lewis Addition (located at the southeast corner of Hawk Ave. and Bud Jensen Dr. - 10.38 acres.) - Ordinance No. 3102 Case Summary: The City of North Richland Hills recently acquired a 10.38 acre tract of land directly north and contiguous with the Public Library property. City Staff is requesting to rezone the tract from AG (agricultural) and 1 -1 (light industrial) to U (institutional). As Council is aware the property was acquired by the City for development of the new Recreation Center. Plat Status: The tract is currently un- platted. A preliminary plat has been processed through Planning and Zoning Commission with a final plat being completed that will be processed in the near future. Existing Site Conditions: The site has clusters of trees in certain areas and a few miscellaneous structures. Comprehensive Plan: The Comprehensive Plan depicts Neighborhood Services and Office uses for the area. The proposed zoning is consistent with the civic type zoning that the Library property is zoned and will have less impact on nearby residential use than the existing heavy commercial zoning. Thoroughfare Plan: The site frontage is on Mid- Cities Boulevard (C2U) a two -lane, un- divided principal collector with 60' of right of way. Surrounding Zoning 1 Land Use: North: U institutional 1 church South: 1 -2 heavy industrial / vacant warehouse structure West: PD planned development/ residential East: U institutional / city service yard & C -2 Heavy Commercial Staff Recommendation: Approval of zoning change request ZC 2008 -02, Ordinance No. 3102. Planning & Zoning Commission Recommendation: Approval by a 4 -0 vote. Review Schedule: Application: 611/10 Applicant Revision Time: 1 week Final Hearing: 8/9110 Scheduling Time: 5 weeks Staff Review: 4 weeks Total Review Time: 10 weeks LOCATION MAP cv at Bud Jensen Dr 104 0 i AERIAL PHOTO Mid Cities Boulevard 0 rY CL LIL- wr Bud,,Jensen D?' ASIMIL.Ar rx 4y IL 97 T rm 124 --j 44 K 0 PROPERTY OWNER NOTIFICATION yam fl NOTICE OF PUBLIC HEARING s_ CITY OF NORTH RICHLAND HILLS a PI ANINJINVr, ANIF) 7C)NIINJC, rONAnnI .q:gION I :�0I9Ia]IV,9 61IONEelI Case #: ZC 201 04 Applicant: City of North Richland Hills Location: Southeast Corner of Hawk Avenue & Bud Jensen Dr You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearina: A Public Hearing to Consider a Request from the City of North Richland Hills for a zoning change from "AG" Agricultural and 1 -1" Light Industrial to "U" Institutional on Tract 3C in the L.C. Walker Survey and Block 1, Hansard -Lewis Addition (located at the southeast corner of Hawk Ave. and Bud Jensen Dr. — 10.3806 acres.) Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, JULY 15, 201 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, AUGUST 9, 2010 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 824 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Mega Life & Health Ins Co Attn Tenn W Reed 3151 Grapevine Hwy NRH Tx 76180 -5605 Branoh Banking & Trust Co Higier Allen & Lautin PC 5057 Keller Spgs Rd Ste 600 Addison Tx 75001 -6352 Arcadia Land Partners 25 Ltd 3500 Maple Ave Ste 1165 Dallas Tx 75219 -3948 Birdville ISD 6205 Broadway Ave Fort Worth Tx 751174211 ORDINANCE NO. 3102 ZONING CASE ZC 2494 -04 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 10.38 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) AND 1 -1 (LIGHT INDUSTRIAL) TO U (INSTITUTIONAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and. WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 10.38 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from AG (Agricultural) and 1 -1 (Light Industrial) to U (Institutional) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. F-11 L , I 1 111119 6 - 11111- -lexel N 17-1 I' 14 0 PASSED AND APPROVED on this 9th day of August, 2010. la ►_r■0 *16 Patricia Hutson, City Secretary CITY OF NORTH RIDHLAND HILLS Oscar Trevino, Mayor ►_1>>: 101► 1= IRIU& tt*]X97:1i',1 :1►19l4=10-1141WiF George A. Staples, City Attorney APPROVED AS TO CONTENT; ,john Pitstick, Planning & Development Director EXHIBIT A LEGAL DESCRIPTION BEING a 10.3806 acre tract of land in the L.C. Walker Survey, Abstract No. 1652, in the City of North Richland Hills, Tarrant County, Texas, as described in Cash Warranty Deed to City of North Richland Hills, recorded in County Clerk's Document No. D209082687 in the Official Records of Tarrant County, Texas (O.R.T.C.T.), and being more particularly described as follows: BEGINNING at a found X -cut for the common comer between the most southerly southwest comer of said 10.3806 acre tract and the most westerly northwest corner of Lot 1, Block 1, NRH Library Addition, an addition to the City of North Richland Hills, Tarrant County, 'Texas, as recorded in Cabinet A, Slide 11397 of the Plat Records of Tarrant County, Texas, also being on the east right-of-way line of Simmons Drive (60 foot right- of-way); THENCE North 46 degrees 30 minutes 58 seconds West, along the common line between the west line of said 10.3806 acre tract and said east right -of -way line, a distance of 171.37 feet to the point of curvature of a circular curve to the right, having a radius of 186.03 feet, whose chord bears North 23 degrees 19 minutes 49 seconds West, a distance of 146A9 feet; THENCE Northwesterly, along said common line and along said circular curve to the right through a central angle of 46 degrees 22 minutes 23 seconds, an arc length of 1 50.57 feet to a point for comer; THENCE North 00 degrees 09 minutes 00 seconds West, continuing along said common line, a distance of 451.52 feet to a found X -cut for comer at the intersection of said east right -of -way line with the south right -of way line of Bud Jenson Drive, formerly U.I.C.I. Drive (a 35 foot right -of- way), as recorded in Cabinet A, Slide 8762 and 8763 P.R.T.C.T.; THENCE North 88 degrees 00 minutes 53 seconds East, departing said common line and along the common line between said south right -of -way line and the north line of said 10.3806 acre tract, a distance of 668.01 feet to a point for the northeast corner of said 10.3806 acre tract, from which a found X -cut bears North 27 degrees 48 minutes 34 seconds West, a distance of 0.79 feet; THENCE South 00 degrees 45 minutes 07 seconds East, departing said common line and along the east line of said 10.3806 acre tract, a distance of 669.02 feet to a 112 found iron rod with cap stamped " MOAK SURV INC" for a common comer between said 10.3086 acre tract and the most northerly northwest corner of said Lot 1, Block 1, NRH Library Addition; THENCE South 00 degrees 41 minute 56 seconds West, along the common line between said 10.3806 acre tract and the northerly line of said Lot 1, a distance of 34.05 feet to a point for the southeast corner of said 10.3806 acre tract; THENCE North 89 degrees 58 minutes 04 seconds West, continuing along said common line, a distance of481.69 feet to a found PK nail for corner; EXHIBIT A (CONT.) THENCE South 24 degrees 35 minutes 47 seconds West, continuing along said common line, a distance of 26.77 feet to the POINT OF BEGTKNING AND CONTAINING 10.3806 acres of land, more or less. Basis of bearing is NAD 83 (1993) 'Texas Coordinate System, 'Texas North Central Zone (4202), based upon the City of North Richland I G.P.S. Monument No. 13, Monument No. AZ 14 and Monument No. WAJ 2. a e LOr r,&.acA rlr HOIC roar UN AD CAS r sUf SSW F, T,G7. Za m ZONING EXHIBIT Loy .� ALar�i 1 cal ; eLA:6 r u.LCa."aarmAr ZOPM o-1 LUC.LAEW CAe A F ff )OM 'a 45Le" 1"m PF. r,G,/. FA r.C.F. � rr•nn &A JF1fafN ORrPc s= �i i mT • H { gym 9 � i LLF a z _w co ag LxnnoR wnP N Yr9 1 • 1 I I I t09'e 5' I I ac, cn� one sae rxa •i n�rr •wa, , nr aan y1GO l . •e,.nz I 09 hry I e.a+a- r l]�f� o r, �•. eu aw a. !c..�an. a n o s w, I _ I .>•. ..,nm .eo. m -m ter, v . �I�u w] cw- e..xoln,. r 4� I 6, SURVEYOR OWNER 6 / eArs, MALFF a o =L S Assxu*FS weela. nw� rr nPPTH rocuLivo I.iLS ,eo acaeTC99 f! ' peqq��L te. C/L K W . � U T9 HM N nCUf[Sx CMO wtu, �! duRES'g I9P�A man NLLLL I�E[a5 tt vxw�L� I%P. W -+922 Pk]14 UPTI 427.4825 f Of 1 H L8T r, BLOCK I tuo..L AWMN CPR ,V.�S.r�L.r I ZOI® O-r '6 4Y Sae J ss € ZOA® AG 1M3M ACRES � ZLYFD } 1 PAWNED LOT 2.90" r PROP&SM zwk D I - iGaYZ>' A R fO4.D] = x' "' CL e • IIF.If' 1/Y86'VI'Y W1,py 92i� 'rT'Y H /8'39i'SBaA' ZOWD TC AFAIAHCIFR TRACP ! .w. LAW PARMM5 75 LTA LOT l69CK t 1+ORi11 R -" N57RLUEPr7 N. M3472� aF. r.C.T. \, A LAIRW ADVrFM '\ caea�r A. RRW nsr P.R.T.C.T. raw rr `� vaovoSEv car M aLow I 1 • 1 I I I t09'e 5' I I ac, cn� one sae rxa •i n�rr •wa, , nr aan y1GO l . •e,.nz I 09 hry I e.a+a- r l]�f� o r, �•. eu aw a. !c..�an. a n o s w, I _ I .>•. ..,nm .eo. m -m ter, v . �I�u w] cw- e..xoln,. r 4� I 6, SURVEYOR OWNER 6 / eArs, MALFF a o =L S Assxu*FS weela. nw� rr nPPTH rocuLivo I.iLS ,eo acaeTC99 f! ' peqq��L te. C/L K W . � U T9 HM N nCUf[Sx CMO wtu, �! duRES'g I9P�A man NLLLL I�E[a5 tt vxw�L� I%P. W -+922 Pk]14 UPTI 427.4825 f Of 1 H L8T r, BLOCK I tuo..L AWMN CPR ,V.�S.r�L.r I ZOI® O-r '6 4Y Sae J ss € 1 • 1 I I I t09'e 5' I I ac, cn� one sae rxa •i n�rr •wa, , nr aan y1GO l . •e,.nz I 09 hry I e.a+a- r l]�f� o r, �•. eu aw a. !c..�an. a n o s w, I _ I .>•. ..,nm .eo. m -m ter, v . �I�u w] cw- e..xoln,. r 4� I 6, SURVEYOR OWNER 6 / eArs, MALFF a o =L S Assxu*FS weela. nw� rr nPPTH rocuLivo I.iLS ,eo acaeTC99 f! ' peqq��L te. C/L K W . � U T9 HM N nCUf[Sx CMO wtu, �! duRES'g I9P�A man NLLLL I�E[a5 tt vxw�L� I%P. W -+922 Pk]14 UPTI 427.4825 f Of 1 EXCERPT FROM THE MINUTES OF THE JULY 15, 2010 PLANNING AND ZONING COMMISSION MEETING ZC 2010 -04 Public Hearing and Consideration of a Request from the City of North Richland Hills for a Zoning Change from "AG" Agricultural and ` °I -1" Light Industrial to "U" Institutional on Tract 3C in the L.C. Walker Survey and Block 1, Hansard -Lewis Addition relocated at the southeast corner of Hawk Ave. and Bud Jensen Dr. — 10.3806 acres.) Chairman Shiflet opened the Public Hearing and asked the applicant to come forward. Bill Thornton, Assistant Director of Parks and Recreation for the City of North Richland Hills, 2504 Hillside Ct, Southlake, TX came forward. He is representing the City to request to change the zoning on a 10.38 acre tract from" AG and 1 -1 to U" for the purpose of design and construction of the city's new recreation center. The southern property line for the 10.38 tract is the northern property line for the Public Library site. While the Public Library will continue to enjoy Town Center zoning, our intent is to blurr the property line between the library and future recreation center and crafting a continuous development accommodating pedestrian access creating an urban core between the two sites. The site plan has been submitted and is being reviewed and we are working to complete construction documents. He said they want to have a ground breaking in October 2010 or soon thereafter. The engineering drawings are being completed which will accompany a final plat submittal in late August. Eric Wilhite said this 10.38 acre tract is requested to be rezoned from "AG and 1 -1" for the development of the new Recreation Center and Staff recommends approval. Chairman Shiflet asked if there was anyone wishing to speak for or against? Seeing none he closed the Public Hearing and entertained a motion. APPROVED Mark Haynes, seconded by Bill Schopper, motioned to approve ZC 2010 -04. The motion was carried unanimously (4 -0). CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. Council Meeting Date: 8 -9-2010 Agenda No. D.0 No items for this category. CITY OF NORTH RICHLAND HILLS Department City Secretary Presented by: Council Meeting Date: 8 -9-2010 Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 8 -9 -2010 Presented by: Jimmy Cates Agenda No. E.1 Subject: GN 2010 -058 Approve Ordinances Amending Sections 54.121, 54.170, 54.173, 54.174, 54.175 and 54.179 of the North Richland Hills Code of Ordi'na'nces; For the Times School Speed Zones and Traffic Control Regulations are in Effect around School Locations - Ordinance Nos. 3103, 3104 & 3105 Summarv: Council is being asked to amend several sections of the Code of Ordinances that allow staff the ability to set the times school speed zones are in effect along with times for traffic control regulations at school locations, instead of having to amend the sections on an annual basis due to the frequent changes of school times. The following are the sections of the Code of Ordinances that need to be amended: Section 54.121 "School Zone Speed Limits" Section 54.170 "No Parking on Certain Streets During School Hours" Section 54.173 "Lola Drive Parking Restrictions" Section 54.174 "Smithfield Road and Susan Lee Lane Parking Restrictions" Section 54.175 "Bogart Drive Parking Restrictions" Section 54.179 "Loading /Unloading Zone for East Side of Flory Street and South Side of Manor Drive" General Descrir)tion: On a regular basis, Birdville Independent School District (BISD) changes their arrival and dismissal times for students attending school. When BISD changes the times, staff must revise all applicable sections of the Code of Ordinances to match the new arrival and dismissal times. This was not much of an issue in the past. The "begin and end" times for the school zones were constant throughout the District. However, this appears to be changing. The School Zone Traffic Safety Committee, made up of staff from BISD and North Richland Hills' Public Works and Police Departments, met recently and discussed the upcoming time changes for the new school year. BISD indicated that it is changing the arrival and dismissal times at various school locations throughout the City. Now it appears that elementary, middle and high schools will have different arrival and dismissal times. BISD also informed the Committee that it plans to increase its summer school program. More students will be attending summer school sessions and because of this, BISD is requesting that school speed zones and traffic control regulations be enforced for summer school sessions. BISD does not plan on having all school locations opened for summer sessions. On an annual basis, BISD will select various school locations and arrival and dismissal times for those selected schools during the summer school sessions. In order to accommodate the frequent changes in arrival and dismissal times at school locations and summer school sessions, staff is requesting Council amend the sections of the Code of Ordinances to allow staff the ability to set the times school speed zones and traffic control regulations are to be in effect without having to revise the Code of Ordinances for each requested change. This will allow staff the ability to respond more quickly to changes in school times. Following the ordinance revisions is a series of maps indicating graphically the locations of all of the school zones and the specific restrictions outlined for each school zone. Recommendation: Approve Ordinance Nos. 3103, 3104 and 3105 Amending Sections 54.121, 54.170, 54.173, 54.174, 54.175 and 54.170 of the North Richland Hills Code of Ordinances For the Times School Zones and Traffic Control Regulations are in Effect around School Locations. ORDINANCE NO. 3103 AN ORDINANCE AMENDING SECTION 54.121 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; AUTHORIZING THE ESTABLISHMENT OF TIMES WHEN SCHOOL ZONES ARE EFFECTIVE; REMOVING INAPPLICABLE PROVISIONS; ESTABLISHING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City Staff has recommended the school zone changes herein established; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 54.121 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 54 -121. Established_. (a) Marking of school zones. School zones shall be marked with signs which state the maximum prima facie reasonable and prudent speed limit and display either the hours or a flashing amber light when such speed zones are in effect. (b) Designated school zones. On that portion of those streets or highways listed below marked as a school zone, the maximum prima facie reasonable and prudent speed limit in miles per hour (mph) as posted Monday through Friday on days when school is in session shall be the speed as indicated below, provided that an appropriate sign giving notice thereof is erected. The times of operation of each school zone shall be established by the city engineer. (1) Birdville Independent School District ('BISD) Elementary School Zones listed below:: 20 mph a. Carrie Francis Elementary School Zones: 1. 8000 - -8300 Emerald Hills Way 2. 5600 Cork Lane 3. 5600 Newman Drive 4. 8100- -8200 O'Brian Way 5. 5500 Finian Lane b. Holiday Heights Elementary School Zones: 1. 7500 - -7600 Lola Drive 2. 7500 Jade Circle 3. 7600 Sybil Drive 4. 5200- -5400 Susan Lee Lane 5. 5260 Cloyce Court 6. 7660 Palomar Drive c. Northridge Elementary School Zones: 1. 7260- -7566 Starnes Road 2. 7260 - -7360 Holiday Lane d. Snow Heights Elementary School Zones 1 . 6860- -7666 Marilyn Lane 2. 6860- -7066 Shauna Drive 3. 7660 Oakland Lane 4. 4760 - -4966 Vance Road 5. 4960 Caton Drive 6. 4760- -4966 Redondo Street e. Foster Village Elementary School Zones: 1. 7660 Meadowview Terrace 2. 7660 Crosstimbers Lane 3. 6860 - -70166 Springdale Lane 4. 6760 Hightower Drive (from Rufe Snow to flashing light) f. Smithfield Elementary School Zones: 6700- -6860 Smithfield Road g. Mullendore Elementary School Zones 1. 4160- -4266 Rufe Snow Drive 2. 6760- -6866 Manor Drive 3. 4260 Stevens Street 4. 6760 - -6800 Glenview Drive 5. 4660- -4106 Flory Street h. Green Valley Elementary School Zones: 1. 7760- -7966 Smithfield Road 2. 7960- -8166 Green Valley Drive i. Walker Creek Elementary School Zones.: 1. 8760- -8866 Blocks of Bridge Street 2. 8960 - -9166 Blocks of Parker Boulevard 3. 8860- -9066 Blocks of Hawk Avenue (2) Birdville Independent School District (BISD) Middle School Zones listed below: 20 mph: a. North Richland Middle School: 1. 6760 Marilyn Lane 2. 6700 Shauna Drive 3. 4760- -4966 Rufe Snow Drive b. Northridge Middle School: 1. 7200 - -7300 Starnes Road 2. 7100- -7400 Douglas Lane c. Smithfield Middle School: 1. 8300 - -8500 'Main Street 2. 6500 Sherri Lane 3. 6400 - -6500 Amundson Road (3) Birdville Independent School District (BISD) High School Zones listed below: 20 mph: a. Richland High School: 1. 6900 Lewis Drive 2. 7000 - -7100 Dick Lewis Drive 3. 5100- -5400 Holiday Lane 4. 7200 Green 'Meadow Drive 5. 7200 Lola Drive 6. 7200 Janetta Drive b. Birdville High School: 8600- -8700 Hawk Avenue (4) Fort Worth Christian School Zones listed below: 20 mph: a. 7400 - -7500 College Circle b. 7400 - -7600 Bogart Drive c. 7800 Susan Lee Lane d. 7300 Deaver Drive (6) St. John's School Zone, 4100 Frawley Street: 20 mph. (c) Designated school zones with other speed limits. The portions of the following public streets are designated as school zones in which the maximum prima facie reasonable and prudent speed limits are as stated: Davis Boulevard (FM Road 1938) from Station 277 + 19 (encompassing Main Street intersection southerly 0.299 miles to Station 293 + 00, 35 miles per hour when so signed from school crossing; 50 miles per hour all other times. Mid - Cities Boulevard 8900 — 9200, 25 miles per hour, 40 miles per hour all other times Rufe Snow Drive 6800 — 7100, 25 miles per hour, 40 miles per hours all other times. (d) Penalty. No person shall drive a motor vehicle at a speed greater than established by this section in a school zone when such school zone is in force. Violators shall be punished by a fine not exceeding $200.00. It shall be a defense to prosecution for a violation of this section that school was not in session on the day of such offense. Section 3: The City Secretary is 'hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED this 9th day of August, 2010. ►_r■0 *36 Patricia Hutson, City Secretary 111 'iS]a► Is] A0:1 ZI [a]:IW- 11►113:1141 -1 Oscar Trevino, Mayor f_1 » ;;[*WA21 B1_h']rt9l9191 Nk►►I :1:11711 XrLI41cis George A. Staples, City Attorney 1_111:101►1=Iblll��textiel r 10=1 r 16 Mike Curtis, P.E., Managing Director 107: AN ORDINANCE AMENDING SECTIONS OF THE NORTH RICHLAND HILLS, TEXAS, CODE OF ORDINANCES; ESTABLISHING NO PARKING LOCATIONS AND LOADING ZONES EFFECTIVE DURING SCHOOL ZONE HOURS; PROHIBITING PARKING IN SUCH AREAS AND ZONES; ESTABLISHING A PENALTY, AN EFFECTIVE DATE AND AUTHORIZING PUBLICATION. WHEREAS, the City Council desires to establish no parking areas and loading zones effective during hours when school zones are in effect ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Sections 54 -173, 54 -174, 54 -175 and 54 -179 of the North Richland Hills Code of Ordinances are hereby amended to read as follows:. "Sec. 54 -173. Lola Drive parking restrictions. (a) Generally. It shall be unlawful for any person to park or leave unattended any motor vehicle at any time on both sides of the 7500 block of Lola Drive from its intersection with Susan Lee Lane west to its intersection with Cloyce Court during the times when school zones established as provided by Sec. 54 -121 are in effect at such location. (b) Signs. Appropriate "no parking, standing or stopping " signs shall be installed upon the right -of -way of such public street giving notice of such parking regulations. Sec. 54 -174. Smithfield Road and Susan Lee Lane parking restrictions. (a) Generally. It shall be unlawful for any person to park or leave unattended any motor vehicle at the following locations during the times when school zones established as provided by Sec. 54 -121 are in effect at such locations: (1) Along both sides of the 0700 block of Smithfield Road from its intersection with Chapman Road north to 0712 Smithfield Road. (2) Along the west side of the 5200 block of Susan Lee Lane from its intersection with Lola Drive south for 735 feet (b) Signs. Appropriate signs shall be installed upon the right -of -way of such public streets giving the public notice of such parking regulations. Sec. 54 -175. Bogart drive parking restrictions. (a) Generally. It shall be unlawful for any person to park, stop, stand or leave unattended any motor vehicle at the following locations during the times when school zones established as provided by Sec. 54 -121 are in effect at such location: west of College Circle in the 7600 block of Bogart Drive. (b) Signs. Appropriate signs shall be installed along the right -of -way of such public street giving the public notice of such parking regulations. Sec. 54 -179. Loadinglunloading zone. (a) A loading/unloading zone is hereby established on the East side of Flory Street 90 feet South of Manor Drive extending South for 115 feet. Such zone shall be effective during the times when school zones established as provided by Sec. 54 -121 are in effect at such locations: (b) A loading/unloading zone is hereby established on the South side of Manor Drive from the center point of Flory Street and proceeding East for 125 feet. Such zone shall be effective during the times when school zones established as provided by Sec. 54 -121 are in effect at such locations: (c) No person shall park any vehicle in such loading/unloading zone or stop any vehicle in such loading zone except for the purpose of loading or unloading persons. (d) Appropriate signage and marking shall be installed along the right -of -way giving notice of this regulation." Section 2: Violation of this ordinance shall constitute a misdemeanor punishable by a fine not exceeding $200.00. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be effective immediately upon passage. 1_1►11l11 iE- '1- `lexel 017-1I�1413 PASSED AND APPROVED on this 9th day of August, 2010. la ►_r■0 *16 Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor 1_1 > > &OITA D1-E -'t 11911 :4 d,1,1► I III I =1H1l 41 Wiii George A. Staples, City Attorney APPROVED AS TO CONTENT; Mike Curtis, P.E., Managing Director ORDINANCE NO. 3105 AN ORDINANCE AMENDING SECTION 54- 170)a) OF THE NORTH RICHLAND HILLS, TEXAS, CODE OF ORDINANCES; PROHIBITING PARKING ON CERTAIN STREETS DURING SCHOOL ZONE HOURS; ESTABLISHING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, the City Council desires to establish no parking zones effective during hours when school zones are in effect ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HELLS, TEXAS: Section 1: THAT Section 54- 170(a) of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 54 -170. No parking on certain streets during school zones; signs required. (a) General prohibition on specific streets. It shall be unlawful for any person to park, stand or leave unattended any motor vehicle on the following portions of the streets set out below during hours when the school zone within which such portions of streets are located: (1) Marilyn Lane from Rufe Snow east to and including 6737 Marilyn Lane on both sides of the street, (2) O'Brian Way; along the north side of the 8200 Block; (3) Shauna Drive, north side from 70001 Shauna Drive to 7005 Shauna Drive; (4) Vance Road, east side from its intersection with 7000 Shauna Drive south to its intersection with 7001 Riviera Drive." Section 2: Violation of this ordinance shall constitute a misdemeanor punishable by a fine not exceeding $200.00. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be effective immediately upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 9th day of August, 2010. ATTEST: Patricia Hutson, City Secretary QIWKS]ml[6] :419:1 GIs] :IW,1.'IQ1111:III %i Oscar Trevino, Mayor 1,1, ;j:T6] ►1=I1WT:m t +] &I N iii FA l I III I XH;141 wa George A. Staples, City Attorney F -AU U &S] ►1=I lffivm t*I+r*] l I I=l l 11 Mike Curtis, P.E., Managing Director IM'ormabon'.vw�c�+ urpartrnxaf - �i a 23 JOn 14 gk_4253 .SC�mI franc z _ 1T matl NRH SCHOOL TRAFFIC ZONE MAPS JUNE 2010 Prepared for Public Works City of North Richland Hills, TX by NR H Inkwrnation Seances - GI S 0 SCHOOL ZONE SIGH SOLAR SCHOOL FLASHERS i ONE -WAY TRAFFIC NO PARKING ZONES SCHOOL ZON ES SCHOOL ZONE TRAFFIC GRID BISD & PRIVATE SCHOOLS _•s••� CITYLIM S STREET CENTERLINES ........... . =i F 1� 1 f L. INDEX TO SCHOOL TRAFFIC ZONE GRIDS NO SCALE � �`�� 4 �Y t °Y 'll +� if TT77-7 117 M: iLL11L V) lh"-;O feet � Uj BIRILEYDR B lfyy �R — ` � _ TABOR �. _ — j � TUMERTER rn Z CT IT > MUDORE aM WY I m I " %-\I- — a L Z TMNE Y a. VARK DR T c z o (n LL 0 LL -j Lk Z jUN a pjw mal Ifamc Rnis ho c —1E LU z > V Q`ENVIEVV DR F z II CROSS ST NKH SCHOOL TRAFFIC ZONES Alliene Mullendore Elementary 2 D F- r MID- CITIES BL ■ 1 InGi - O feed ■ i �6 �1 1 I ■ l NKH SCHOOL TRAFFIC ZONES Birclville High School Lr udwr 14 p uvj 'MIUU1 ilaoictuiw IawFuuns.nuU ICE HOUSt DR v TILLL--' C®RD z z D Z I inc Obt —LLS—TER aR > DCNECAULN CARN F MOLMAS 00 c E SHANr,ON A - EMFRA� z 3: P 51-1 1 NRH SCHOOL TRAFFIC ZONES Came F Thomas Elementary GNU J IL C 1 inch 400 feet f + Iy ,�° fir" "�� �� � ,�j . fA I jz MP RD lo RO -GING C IFF PL 77 ri ' GREEN &JGE TRL F051H WILAGE FLEWBTARY - A GT z LU -_7 -j ;0OMQHTR&jiF4)— cn 0 z GG 9 N C — M NRH SCHOOL TRAFFIC ZONES Foste r Vi I lage Er rr)enfaiy IGHTOWER DR MEN LN - tL T , �, LN -N - O - RMF MALLON LN toJulqlu qEjmm anwi(ainct - A GT z LU -_7 -j ;0OMQHTR&jiF4)— cn 0 z GG 9 N C — M NRH SCHOOL TRAFFIC ZONES Foste r Vi I lage Er rr)enfaiy I / R T I 1 inch = 444 feet ' I l r CHRIST 6 l I SCHOOL .- I EY C _ 1 i F llTz NRH WHI-FIELD CT �� _ —;� r� — COLLEGE CIR 5 �- SCHOOL TRAFFIC ZONES Ft. Worth Christian School 4LJU14 lU 6% UuD at C o — nTmap rmu ` n — . HORSEY R D 4 7 eUR� T T ---------------- DHAVEN DR T gis_ on s u �µril�s.aua R,_ 400 feet C� — z G -- of 4" op - I z 1> CL D C G u� w w LW , LL LL LL V, a 4 LL �. LL w I J — J GB.EB MLLEY W LL — $RIDLEW�OR. CT. - { -- �� o n� F 71 -BR,oLEV D NRH SCHOOL TRAFFIC ZONES Green Valley Elemetry r . It IfiE CT M CP I T' S CT I Y 1 Inch -- 400 feet P(NFA A L, � Ll LA DR CHRISTOPHER CT � � — — . '9L CT HOLM AY ENO LUTIR4,v aROURY SCHOOL 0\11 IT, JAUE C ARDIR JANETTA DR oFF" H I GIBM I LLER D 0 I z rs NRH ir GEN TUNG SCHOOL TRAFFIC ZONES nCE CT— Holiday Heights Elementary 4 m G7 - r m z �- IQEN OR AIKIFIELa - ry UN'ER CT fir'. _- 10— CAS --0T — — * DUP A �a t " GREEN HILL TRIL vao j G Q�' PARS f {� Y J . II]GETOP RD. I ANGIN I F PL Fs�EPj ROGE Z . w e4AA Iv uwar MSw ia. names rrkuuutnau N ONE SCHOOL. q I 0 K PARK DR — 1 inch = 460 feet — I�CHARI7 CT U W F Q� LU U 0 ~ — � W z d _do a' ErBOURY r OAK OR U- T�k%0OD CT Kn:: --AK I — y l z �— NH w o SCHOOL TRAFFIC ZONES Not Ridge Middle & Elemeotar Schools — ry RE am u YLL LAKES DR A: LARU6 J ,oQWRiDGE CT Inch : 4M feat CORONADR or 0 LU m u KAREN DR' C., CAROL PT CARET NO h OR TH FiCRUNT) SCHOOL HILL SCECT 7 t RUPA PARKRIPGEM rn MAYE r) wj 1 1 -1 RIVIERADR r iz rn NRH SCHOOL TRAFFIC ZONES Not Richland Mite & Snow Help Elementary qs mm iraTnc aneg-mpm Vow HEIGHTS YKAR Y &MKAR Y JJ r) wj 1 1 -1 RIVIERADR r iz rn NRH SCHOOL TRAFFIC ZONES Not Richland Mite & Snow Help Elementary qs mm iraTnc aneg-mpm krFUT RUH SCHOOL 0 6 QflRI8TOHfR 1 CT, z ON MEADOW DR JA, -- p z SCHILLE C: PI 0 F ACE Cr NRH SCHOOL TRAFFIC ZONES Richland Ho Schad i> o P AKKEIVp -. 2 1 inch - 400 igat DR w 0 1 2 �7 � L "Al krFUT RUH SCHOOL 0 6 QflRI8TOHfR 1 CT, z ON MEADOW DR JA, -- p z SCHILLE C: PI 0 F ACE Cr NRH SCHOOL TRAFFIC ZONES Richland Ho Schad i> 0 f' J � i NKIE B ST K ST CHANDLER —J CT CHAPMA�� � MAIN ST W . _fE RENEE LN 0 / LL ll`` U �7QR u KAN ��ui1 lauic6al _ Yr nixtll�� .� I II � r z L CROSS CR I i)0 dOOfeet ODELL ST � ODELL ST - I i _ — -- T ?� T NORTHEAST PARKWAY s TAM 9BB7ARr I n , MAIN ST ■ rn� N z . o -i NKH SCHOOL TRAFFIC ZONES Smthfekl E &entaD ou I MAIN ST 0 Z�: m R, ¶ z 'N r m � NORTfi T PARKWAY NQRTHF* c� 1 'iALKDR i • � d�f KQ.D� — IRO{JCJ r - _ R A NOV DR RIDDLE Q L o _ GLENANN nR z — ,�(THFlEIO �D�LE SCIIODt so T iGA E DR - -- I -i NRH SCHOOL TRAFFIC ZONES Srn Mold Middle Scholl a 4LJUW1u p" auin II'd)cJ16 timpm i �r v flln:l MAMME SCHOOL t, Q� II I Y n I, k a - ll 0 inch : 400 feet 1` r J J L) RAND- LE QF l i 1111r NRR SCHOOL TRAFFIC ZONES St. John the Apostle School "JIJ14 lu uma 'Imol u'ailiscvie5 nrapwalau - —' �IUE��A�EpR rli - J s NICN��S yUgy c I � _ I I � � Q SUMME��E Mss z Y HUl'SON 5I l dJ IU Mo s� 4iv 1 inch = 440 feel BLdNIUSGH E00L NRR SCHOOL TRAFFIC ZONES Walker Creek Elemetry J lr.F H01 I .qF nP I CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 8 -9 -2010 Presented by: Mike Curtis Agenda No. E.2 Subject: PW 2010 -020 Approve the Agreement for Water Service between the City of Fort Worth and the City of North Richland Hills (Fort Worth Wholesale Water Contract) Summarv: Council is being asked to approve the proposed Fort Worth Wholesale Water Contract. The contract duration will be for 20 years. General Descrivtion: The Fort Worth Wholesale Customer Water Contract will expire December 31, 2010. This is the contract between the City of Fort Worth and the wholesale customer cities (including North Richland Hills). The contract outlines the responsibilities of the different parties with regards to the purchase of water from the City of Fort Worth. The current contract has been in effect since April 1, 1989. Even though there have been many changes during the past 20 years regarding water purchase and usage, the City of Fort Worth is not proposing a significant number of changes in the new contract. Most of the changes are formatting and terminology changes. However, there are some changes that will have an impact on the price that the City of Fort Worth charges its wholesale customers for water. The two significant changes are the increase of the street rental fee from 4% to 5% and the inclusion of a Payment in Lieu of Taxes (PILOT). The complete contract is attached for review with a summary of the key changes listed below. Section 2.5: Water Use Restrictions and Considerations (page 8) was expanded to include water restrictions and conservation. This section also was revised to require wholesale customers to restrict, ration and/or conserve water in accordance with the Fort Worth Water Conservation and Drought Contingency Plans. Sections 2.3; Or)erations (page 7) was expanded to better define the City of Fort Worth's rights to maintain the Fort Worth water system. This change enhances Fort Worth's ability operation its water system & enhances emergency preparedness requirements. Section 22.13; Use of Return Water (page 27) was added to clarify ownership of "Return Flows" back to the City of Fort Worth. This change specifically identifies the City of Fort Worth as having all rights of returned water. Section 1.25; Street Rental Component of Svstem Cost (page 6 & 7) was increased from 4% to 5% to match Fort Worth Retail customer charge. The following stipulations were also placed on the Street Rental Fee- 0 Limits any increase in Street Rental to one percentage point every five years ° May never exceed the Street Rental charged to Fort Worth Retail customers Section 6.1.2; Pavment in Lieu of Taxes (PILOT) (page 12) was a cost component added to overall System Charge. • PILOT based on net asset value of plant and equipment only • Pipes and transmission line not included in net asset value • Street Rental not charged on PILOT As discussed with Council at the July 26, 2010 Work Session, the two changes that will impact the cost to the wholesale customers the most will be the increase in Street Rental fee and the PILOT. These increases will result in an approximate 0.9% increase to the individual wholesale customer cities (including North Richland Hills). Recommendation: Recommendation: To approve the Agreement for Water Service between the City of Fort Worth and the City of North Richland Hills. AGREEMENT FOR WATER SERVICE BETWEEN THE CITY OF FORT WORTH, TEXAS AND THE CITY OF NORTH RICHLAND HILLS, TEXAS AGREEMENT FOR WATER SERVICE BETWEEN THE CITY OF FORT WORTH, TEXAS, AND _ `FEXAS STATE OF TEXAS § COUNTY OF TARRANT 9 This Contract and Agreement ("Agreement") is made and entered into this _ day of , 2.0_, by and between the City of Fort Werth, a municipal corporation located in Tarrant County, Texas, acting by and through its duly authorized Assistant City Manager, hereinafter called "Fort Worth," and located in County, Texas, acting by and through its duly authorized , hereinafter called `Customer," and hereinafter collectively referred to as the "Parties ". WHEREAS, Fort Worth has provided at its own expense, and now owns, operates and maintains facilities for processing and distributing a large supply of surface water, and at the present time, is qualified to fumish and deliver treated water, both within and without the corporate boundaries of Fort Worth; WHEREAS, Customer has provided at its own expense and now owns, operates, and maintains a distribution system, and furnishes water service to the customers within its boundaries; WHEREAS, Customer does not have and cannot provide economically and within a reasonable period of time, any other source of water supply, fully adequate to meet its present and/or future needs or potential emergency needs; WHEREAS, it is deemed to be in the best interest of both Fort Worth and Customer that the Parties enter into a mutually satisfactory agreement by means of which Customer may obtain from Fort Worth a supply of treated water at a reasonable rate; WHEREAS, by the execution of this Agreement, neither Fort Worth nor Customer will surrender any of its rights to the ownership and operation of its present water production and distribution facilities; WHEREAS, Customer desires to continue to contract for the purchase oftreated water and Fort Worth desires to continue to sell treated water to Customer; WHEREAS Customer and Fort Worth desire to provide for reasonable wholesale contract rates for the purchase of treated water sufficient to assure confidence in the financial soundness of the Fort Worth utility, adequate to maintain and support the utility's credit and sufficient to enable Fort Worth to raise the money necessary for the proper discharge of its public duties in the provision of water service and WHEREAS, Chapters 552 of the Texas Local Government Code and 791 of the Texas Government Code authorize Fort Worth and Customer to enter into this Agreement. INOW, THEREFORE, KNOW ALL BYTHESE PRESEN that for and in consideration of the mutual covenants, promises and agreements uanUabzcd herein, Fort Worth and Customer do hereby covenant and agree as follows - Table ofContents ARTICLE 1. Definitkxz----------------------~------..—.----5 1.1 Annual —''—'-----'--~.—'----..''----.'''—'-5 1.2 Average Daily Use .......................................... ......... ... ................ ............. ___ ...... .5 1 .3 Ca [ay— ........................................................................................ .................. 5 1.4 Capital Improvements ........................................................................ —.................... 5 1.5 Chapter 3A5— ........... ---'—............................................................................ 5 1.6 Customer's Service Area ................. ............................................................. ..---5 1.7 Customer Systnm— ............. — ............. ____ ...... ....... ............ .............................. 5 LQ Dobw:g/ Facility ...................................................... .............. --'............ .................. 5 1.9 Director ........................... .................................... ....... ---------------'5 1]0 Emergency ...... --''''....... -- ........ __ ......... ................................................. ...... 5 1.11 Equivalent Meters orEM .............. ............................................................................... 5 l.)% Facility Expansion ............ -----.............. ... ............. .............. ....... .............. '6 1.13 BisuuYeur--'''''''_------'''_—..--._''_~---'--'---..8 1.14 Fort Worth, ....... ....................................................... ........................ —'—_'--_'6 1 .15 Fort Worth System ................ ......... ................................................... ''''-- ......... 6 1.16 Impact Fee --'—''''''—_----''' ---------------- —.— ............ .—'................... 0 1.17 Maximum Day Demand ...... -- .................. -- ............ --........ ...... ---............. 6 1.18 Maximum Hour Demand ..................................... 6 1.19 MO and MGD ....................... ' .............................. - ....................... ---_—.---0 1.20 Parties_ ...... '--_............ — ............. ' ............................................................... .6 121 Rate of Use C6uxgm. ............................................................. .................... ................. 6 122 Row Water Charge —........................ ........ ...... ''-_--'_...... ............ ........... 6 123 Return Water ...... ......................................................... ----'—.--.--''''-6 124 Service C6orao ....... ....................................................................................... '''_-6 L25 Street Rental ........... ......... .................. ...... ___ —''''_---'—'_.---''—'-6 126 ''-----''—.----.—'--''---''—'--.--.—'-7 1.27 System Cost .......................................... ................................... .... '- ..... — ................ 7 l�28 ICEQ ....... --------'----'_----''—'--.—'''''----'.'-7 1.29 Treatment Punxo' and Transmission Charge ............................................................ 7 1.30 Volume Charge ........ ................ ___ .......... ----................ -- ......................... 7 AB711CLB2, Delivery of Water ............ ................................ ............................ .................. 7 %.l ..... ...................................................................................... ....... ''....... ... —7 2.2 Acceptance and Puymuunt-- ............................ ........................................................... 7 23 Operations -----'''-_----_—'—.^-----.---.''''----'-7 2.4 Raw Water Contract ............... ----................... — ......................... _— ........ —.# 2.5 Water Use Restrictions and Conservation ............................... ........... ........................ B 2.6 Requirements ofJUTex. Adoobu Code Chapter %88 ............................... ............ _—.8 Agreement for Water Service 2 ARTICLE 3. Location and Maintenance of Measuring Devices ................. ............................... 9 3.1 Metered Water ..........,., .................................................................. ............,.................. 9 3.2 3.3 Point(s) of❑ elivery.. ....... ................................................................ ..............................9 Cost New Additional Connections... of or ..................................... ............................... 9 3.4 Check Meter ........ ........................ ... ...................... ............... ...................,.,......... ....,... 9 ARTICLE4. Meters .................... --- .......... ... .......... .............. . ........................................ ........... 10 4.1 4 ,2 Testing ............................................................................................ .............................10 Corrections ......................... ......................................................................................... 10 4 .3 Requested Testing.............. .......................................................... ............................... 10 4.4 Out of Service Meter ................ .......................................... ............. .............. ........... .. 10 ARTICLE 5. Meter Reading and Billing ...... ... ...... ..... .............................. ....................... ,.,..... 11 5.1 Reading Meters............. ............................................................... ............................... 11 5.2 Records ............................ ..................... ............. .......................... .......................,....... 11 5.3 Multiple Meters.............. .............................................................. ............................... 11 5.4 October Billing .................................................... ......... ..................... .......-- - - - - -. 11 5.5 Billing and Payment.....,..... ................................................----...... ............................... 11 5.6 Billing Disputes ........................................................................... ............................... 11 AKI'1CLE 6. Rates ....... ............................... 11 6.1 Method of Rate Determination. .. . ............................................................................... 11 6.2 Rates to be Used ....................................... ............................................... ,............... ,... 13 ARTICLE 7. Payment for Water.......... ............................................. ........... ....................... 14 7.1 Annual Payment ................ .. ........................................................ ............................... 14 7.2 Withdrawal Rate ............................. .............................................. ............................... 15 7.3 Monthly Payments ....................................................................... ............................... 15 7.4 Total Annual Payments ................................................................ ............................... 15 7.5 Rate of Use Charge ....... .......................... ,.............. ................................ ...................... 15 7.6 Applicability of Stand -by Charge ...... . .... .... ____ ............................ ............................... 16 ARTICLE 8. Effective Date .................................................,.................. ............................... 16 ARTICLE9. Term-, .......................,.,...................................................... ............................... 16 ARTICLE 10. Rights-of-Way . ..................---...--.,................ ............................... .... 16 ARTICLE 1 l . TCEQ Public Water Supply Approval ................................ ............................... 17 ARTICLE 12. Resale of Water ... .......................... ... . ... ...................... .... ........... .. 17 12.1 Chitside Service Area ................................................................... .....,......................... 17 12.2 Exceptions ...................................................................................... .............................17 ARTICLE 13. Sanitary Sewer Facilities ..................................................... ............................... 17 ARTICLE 14, Additional Wholesale Customers ...................................... .............................._ 17 ARTICLE 15. Wholesale Customer Advisory Committee ......................... ............................... 18 ARTICLE16. Impact Fees..... . ............................................................................ .......... .......... 18 16.1 Calculation and Payment of Impact Fees ........................................ ,........ ................... 18 16.2 Multiple Surface Water Providers ............................................... ............................... 18 16.3 Use of Impa ct Fees ....................................................................... ............................... 18 16.4 Impact Fee Report ....................... . ............... ............ ....... .................... I ... ......-------- ...... 19 16 -5 No Waiver......... ..................... __ ......... ___ ........ ...................................................... 19 16.6 CIFC ............................................................................................... .............. ...............19 16.7 Capital Improvements Plan............................ .............................. ............................... 19 16.8 Dissemination of Docwnents ..................................... .................. ............................... 19 Agreement for Water Service 3 16.9 Audited Financial Statement . ............................... .......... ......... ---- ... .................... 20 16.10 Current Impact Fees ............................................................................... ................. 2U 10.11 Changes to Chapter 305 .......... ...... ' ...... ...... ................................ .................. ZU ARTICLE 17. Breach, Termination and Other Remedies ..................................................... —,28 17.1 Termination 6v Mutual Consent .............................................................................. '20 17.2 Termination for Material Breach ........................ .................... — ....... ......... — .......... 2U 173 Termination for Repeated Breach ................................................................... ........... 20 17.4 Material 3ocaoh-- ..................................... ....... ........... ---- ............. — ................ 2O 17.5 Notice and Cure .................... ..................................................................................... 2l 176 Notice arid Cure for Nonpayment of Impact Fees ...................................................... 21 17.7 Notice and Cure for Breach of Water Use Restrictions and Conservation ........... 21 ll8 Failure toProvide Notice of Withdrawal Rate under §7.2—.. ................................ 2l 17.9 Effect of Termination ...................................... ............... - ...... ...... ......... --------- —22 1I10No Waiver by Fort Worth ................................................................................. ......... %2 17\11. No Waiver 6wCustnmnr_— ......... ............ ........... ------............... --....... 2Z AR:[1Cl8|0, Ownership and Liability .................................... ................................................ 22 |&l No Joint Vcntme--------- ...... ...... ...... .................................................... 22 182 Liabilities .................................................................................................................... 22 1&3 [Gotructoru--- ............................. .................................... ........ ...................... --23 ARTICLE 19. Bzoco Majeure ............................. —. ............................................................ —23 \;\l Notice and Suspension ............................... ................................................................ 23 192 Dcfinidmu.................... ............... ..................... ----------........... .......... -23 AWl3CLE 20. Notiuo--'..—.---''_—_.------''—''----_—.''--22 20 Ll .......................... ..... ' ................................. — ...... 23 202 Delivery and Receipt ................................................................................................... 24 2(L9 Change uf Address Nluticcu-----_----------.-------------.24 ARTICLE 21. Inspection and Audit ....................... ............ ........................ ............................ 24 ARTICLE 22. Miscellaneous .................. .............. ............................ ..................................... 24 23.1 Fmvorcd Nations ........................................... ---------------................ 24 222 Suspension uf Rate ofUse ..................................... ..................................... 24 223 Water to Adjacent Areas ................................ — ... ................................................... 24 22 Subject to Laws and Permits ........................ ..................................... ...................... _25 22.5 Entry uoCumoozcru Premises ........................................................... ........................ 25 22/6 Alternative Dispute Resolution ........... ................................................................ ..... 25 22.7 Information ........................................................... ................................. ................... 26 22.8 Assignment ..................................... -' ....... ...... --'-'—_--'---_............ 26 22.9 No Waiver ......................................................................... ' ........................................ 28 22]0 VEwus .... --- ... ...... ...... ............ ...... —........ ............... .......................................... 26 22.11 Cooutructkoo-- ........ ...... ............ ............................................................................ 26 22.12 Severability ............................................. ............................ ...................................... 26 22.13 Use o[Ienuro Water ............................................................................ ...................... 27 22.14 System Regulatory Actions ............................ ..................................... ............... ...... 27 22.15 Additional Contract Terms ... ............................ ---- ...... ----------...... J7 Agreement for Water Service 4 ARTICLE 1. Definitions The following definitions, when capitalized, apply throughout this Agreement: 1.1 Annual Consumption. The total quantity of water purchased under the terms of this Agreement by Customer during the Fiscal Year as determined by the difference in the annual October meter readings. 1.2 Averaee Daily Use. The Annual Consumption divided by the number of calendar days in the Fiscal Year year. 1.3 Calendar Day. The period from midnight of one day to 11:59 PM of the next day. 1.4 Capital Improverments, Any of the following facilities which provide utility services and benefits common to all customers (both retail and wholesale) and that have a life expectancy of three (3) or more years, whether such improvements are located within the jurisdictional limits (including the extra - territorial jurisdiction) of Fort Worth or Customer, and consisting of: water treatment facilities; metering facilities; control systems and appurtenances; storage facilities; pumping facilities; and all mains that are sixteen inches (16 ") and greater in diameter. Capital Improvements include the initial construction or the expansion of such facilities, as necessary to serve new development. 1.5 Ch� 95. Chapter 395 of the Texas Local Government Code, as it may be amended or re- codified from time to time. 1.6 Customer's Service Area. The area inside the Customer's boundaries and inside the Customer's Certificate of Convenience and Necessity, as shown on Exhibit A, except that the Customer may, with written notice to the Director, exclude a contiguous area that receives its entire water service from provider(s) other than Fort Worth. 1.7 Customer System, All necessary Customer mains and distribution facilities on the Customer's side of the meter from and beyond the point of delivery of treated water by Fort Worth. 1.8 Delivery Facility. Any facility necessary for the transmission of water from the Fort Worth System that is on the Customer's side of the point of delivery that is constructed specifically to allow Fort Worth to serve Customer. 1.9 Director The Director of Fort Worth Water Department or his designee. 1.10 ErnerRenev. A situation, event or condition created by unforeseeable mechanical failure, unprecedented high rate of treated water usage (such as might result from a major fire or a major water main break) or circumstances beyond the Party's reasonable control. 1.11 Eauivalent Meters or EM. A means of relating a large -use customer with a base (residential) use customer. Fort Worth Water Department uses 518 x 3 /4 inch meter capacity as an F,M. The ratio of larger meter's capacity to the 518 x 1 /4 inch meter capacity is the number of EMs for each meter size. Agreement for Water Service 5 1.12 Facilitv Expansion. The expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement, in order that the existing facility may serve new development. The term does not include the repair, maintenance, modernization, or an expansion of an existing facility to better serve existing development. 1.13 Fiscal Year. The fiscal year of Fort Worth, which is from October V' through September 30th. 1.14 Fort Worth. The City of Fort Worth, acting by and through it's duty authorized Assistant City Manager, who may delegate to the Director. 1,15 Fort Worth Svstem. The Fort Worth water treatment and distribution system. 1.16 Impact Fee. A capital contribution funding or recouping the cost of Capital Improvements necessitated by and attributable to new development, subject to and as provided in Article 15 of this Agreement. 1. 17 Maximum Dav Demand. The maximum quantity ofwater used by Customer during one calendar day of the Fiscal Year. 1.18 Maximum Dour Demand. The quantity of water used by Customer during the one hour of the Fiscal Year that more water passed through the meter or meters serving the Customer than during any other hour of the Fiscal Year, multiplied by 24 hours and expressed as M61). 1.19 MG and MGD. MG is million gallons; MGD is million gallons per day. 1.20 Parties Fort Worth and the Customer, or each individually. 1.21 hate of Use Charge. The charge for Maximum Day Demand in excess of Average Daily Use and for Maximum Hour Demand in excess of Maximum Day Demand, as provided in § 7.5 and Exhibit C. 1.22 Raw Water Charee. The rate for 1,000 gallons charged by the Tarrant Regional Water District to Fort Worth for raw water to be sold to the Customer plus four percent (4 %), representing Fort Worth system losses of four percent (4 %), 1.23 Raurn Water. All water that is returned to Fort Worth via discharge into Fort Worth's wastewater system for treatment by Fort Worth's Village Creek Wastewater Treatment Plant or another wastewater treatment plant that is owned or operated (directly or through contract) by Fort Worth. 1.24 Service Charee. A fixed monthly charge per wholesale meter, as set forth in the annual cast -cf- service rate study, designed to include a portion of Fort Worth Water Department's cost for wholesale customer billing and accounting. 1.25 Street Rental. The Street Rental charged to the wholesale customers ofthe Fort Worth System is intended to be compensation for use of public rights -of -way. The Street Rental is established at five percent (5 %)ofthe revenue requirements, excluding Payment in Lieu of Taxes Agreement for Water Service 6 (PILOT). The Street Rental can not be decreased without the consent of Fort Worth in its sole discretion and, in the event of an increase, can only be increased in one percent (1 %) increments once every five (5) years starting on the anniversary date of this Agreement in 2016, and shall never exceed the rate being collected from the natural gas franchised utility serving the City of Fort Worth or the rate collected from the retail water customers of Fort Worth, whichever is less. 1.26 Stand -bv Charae. The fee set forth in § 7.1.3 and Exhibit B. The Stand -by charge is intended to allow a wholesale customer to rely on the Fort Worth System for stand -by delivery of water for the Customer's Emergency use only, as provided in § 7.6. 1.27 System Cost. System Cost, as provided in § 6.1-2. 1.28 T_ CE4 The Texas Commission on Environmental Quality or its successor agency. 1.29 Treatment. Pumping and Transmission Charge. The rate, per 1,000 gallons used, regardless of rate of use, as determined by the annual cast -of- service rate study, and which shall include the maintenance and operation costs, and the capital facilities cost on the part of the production and transmission system related to annual use. 1.30 Volume Charge. The combined total of the Treatment, Pumping and Transmission Charge plus the Raw Water Charge in effect for the current Fiscal Year. ARTICLE 2. Delivery of Water 11 Deliverv. Fort Worth agrees, subject to the amount of raw and treated water available to Fort Worth, to furnish and sell to Customer treated water of potable quality meeting all applicable governrrrental standards, delivered under the normal operating pressure prevailing in the Fort Worth System at the Customer point or points of delivery mutually agreed upon, without guarantee of specific minimum pressure. Mutually agreed point(s) of delivery an the Effective Date are shown on Exhibit A. 2.2 Acceotance and Pavment. Customer agrees to accept delivery of and to pay for the water in accordance with the terms and conditions of this Agreement. Customer understands and acknowledges that Customer is responsible for maintaining water pressure in the Customer's System, and that maintaining a certain water delivery pressure requires use of storage or pumps on Customer's System. 2.3 Overations. Fort Worth is entitled at any and all tirnes to install, repair, maintain, and replace any equipment or devices in the Fort Worth System. In an Emergency, Fort Worth may take necessary action (including reduction or cessation of water service to Customer) as necessary or appropriate to allow Fort Worth at all times to maintain a minimum pressure as required by lave at all retail service locations directly served by Fort Worth, and Fort Worth is excused from the requirements of § 2.1 to the extent caused by an Emergency or by Force Majeure or Fort Worth's reasonable efforts to respond to such conditions. In the event of such service interruptions, Fort Worth shall make every reasonable effort to expedite the restoration of service in a timely manner, and shall not unreasonable interrupt, withhold or delay service to Customer. Agreement for Water Service 24 Raw Water Contract. In accordance with the terms of Fort Worth City Secretary Contract No. 12720 between Fort Worth, the City of Arlington, the City of Mansfield, Trinity River Authority, and the Tarrant Regional Water District, this Agreement shall be deemed subordinate in all respects to the water requirements of the above contracting Parties as specified in Section 3 of that contract. 2.5 Water Use Restrictions and Conservation. 2.5.1 If Fort Worth in any way restricts, rations or conserves the use of water throughout its CCN during an Emergency declared by the Director, then within 24 hours of being notified of the action of Fort Worth, Customer shall institute and apply the same restrictions and/or measures as to the use of the water by the customers of Customer. 2.5.2 If Fort Worth in any way restricts, rations or conserves the use of water throughout its CCN as authorized by the then Fort Worth City Council and adopted by ordinance, then Customer agrees to institute, apply and enforce the same rationing, conservation measures, or restrictions to the use of water by the customers of Customer for so long as any part of the total water supply o€'the Customer is being furnished by Fort Worth. Customer shall submit to Fort Worth, within sixty (60) days of the action taken by the City Council of Fort Worth, a copy of the Customer's city council and/or governing board resolution andlor ordinance adopting the same measures as Fort Worth. 2.5.3 If Customer fails to comply with its obligations under this § 2.5 then, in addition to the remedies available under Article 17, Fort Worth may install or adjust any rate of flow controllers necessary to physically achieve compliance, regardless of whether the rate of flow controller to be installed or adjusted is on Fort Worth's or Customer's side of the meter. 2.6 Reouirem o f 30 Tex, Admin. Code Chatter 288 ( "Ch. 288 ") 2.6.1 As required by 34 Tex. Admin. Code § 288.5(1)(G), this Agreement requires Customer to develop and implement a water conservation plan or water conservation measures using the applicable elements of Tex. Admin Code Ch, 288. 2.6.2 As required by 30 Tex. Admin. Code § 288.22(a)(8), this Agreement requires that, in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code § 11.039. 2.6.3 To the extent that Customer fails to comply with § 2.3 above or meet any additional requirements under 30 Tex. Admin. Code Chapter 288, Customer agrees to implement and comply with Fort Worth's water conservation plans and measures and drought contingency plan until the Customer's own plans and measures are brought into compliance. Agreement for Water Service 2.7 Consultation with WCAC. Except when the Director determines that emergency conditions require short-terra restriction, conservation or rationing to meet all necessary water demands, Fort Worth agrees to consult with the Wholesale Customer Advisory Committee, in the development of any restriction, conservation, rationing, or drought contingency plans that the Director determines may he necessary to address operational constraints, whether or not required by any state or federal regulatory agency, or deemed advisable by the Wholesale Customer Advisory Committee to manage long term 'System Costs, except where emergency conditions may dictate short -term restriction, conservation or rationing requirements as may be determined by the Director to meet all necessary water demands. ARTICLE 3. Location and Maintenance of Measuring Devices 3.1 Metered Water. All water fumished under this Agreement by Fort Worth shall be measured by one or more suitable meters equipped with continuous flow, chart recording devices, and telemetering equipment connected with the Fort Worth control center. All meters, recording devices, telemetering equipment and appurtenances (including any flow control equipment required by § 7.2) shall be approved and installed by Fort Worth. Customer shall pay for the meter vault and all metering equipment, including telemetering equipment to the Fort Worth control center, and appurtenances, plus the installation cost thereof. Fort Worth shall pay all costs associated with the operation and maintenance of said equipment and shall pay for the replacement of said equipment as necessary. Such costs, as well as charges for the telelink Iine and microwave transmitter and the power to operate same, shall be a System Cost. 3.2 Point(s) of Deliverv. 'fhe point or points of delivery of treated water by Fort Worth shall be the meter vault connection to Customer's side of the meter, and all necessary mains and distribution facilities from and beyond that ,point shall be the responsibility of Customer. The location of each meter shall be mutually agreed upon in writing by and between the Parties and the meter or meters shall not be moved or relocated except by mutual consent in writing by the Parties. 3.3 Cost of New or Additional Connections. Customer shall pay the cost of each new, enlarged or additional Customer connection to the Fort Worth System, including the cost of the wholesale meter and the Customer's proportionate share of any improvements required for that connection or related service to be provided at the delivery point. The Customer's cost shall be calculated in the same manner as the "developer's cost" for special facilities, including pipelines under Fort Worth's then - existing Water and Wastewater Installation Policy, as determined by the Director. The Customer will pay that amount to Fort Worth before making the new or additional connection to the Fort Worth System, and the amount shall not be a System Cost. 3A Check Meter, Either Party, at its own expense, may install a check meter to check or measure the volume of water passing the master meter, provided that, if such check meter is installed, the same rules and regulations relative to its operation, maintenance and reading_ shall apply as to the master meter being tested. Agreement for Water Service 9 ARTICLE 4. Meters 4.1 Testing. Fort Worth shall routinely test for accuracy, and service and calibrate if necessary, the master meter at each point of delivery no less than once during each twelve (12) month period. Copies of the results of such calibration and all related information shall be provided to Customer. Customer shall have access to the metering facilities at all reasonable times; provided, however, that any reading, calibration or adjustment to such metering equipment shall be done by employees or agents of Fort Worth, or other mutually approved third parry calibration agent, in the presence of representatives of Customer and Fort Worth, if so requested by Customer. Notification of any proposed test shall be provided to the Customer at least seventy-two (72) hours prior to such test being conducted and Customer may observe such test, if so desired. 4.2 Corrections. Upon any calibration of a Wholesale Customer's meter, if it is determined that the accuracy envelope of such meter is found to be lower than ninety -five percent (95 %) or higher than one - hundred -five percent (105 %) expressed as a percentage of the full scale of the meter, the registration of the flow as determined by such defective meter shall be corrected for a period extending back to the time such inaccuracy began, if such time is ascertainable; or, if such time is not ascertainable, then for a period extending back one -half (1/2) of the time elapsed since the date of the last calibration, but in no event further back than a period of six (5) months. All meters will be properly sealed, and the seals shall not be broken unless representatives of both Parties have been notified and given a reasonable opportunity to be present. If the meter, after testing, is found to be in error outside the parameters established in this Agreement, the amounts due to or due from Fort Worth shall be determined based upon the prevailing wholesale rates which were in effect at the time the meter was determined to be malfunctioning. The amount due to or due from Fort Worth shall be payable within thirty (30) days from the date of receipt of the invoice for said amounts by Fort Worth or by Customer. In addition, the Wholesale Customer's volume and rate of use records shall be corrected, as determined by the meter testing. 4.3 Reouested Testing. Customer shall have the right to request Fort Worth to test any meter(s), but no more frequently than quarterly. Upon any such request, Fort Worth agrees to perform its testing and calibration of the meter(s) with notice to Customer, and the Parties shall be entitled to jointly observe any testing, calibration, and adjustments that are made to the meter(s), in the event such modifications are necessary. For such additional testing request, Fort Worth shall give Customer notice forty-eight (48) hours in advance of the time when that testing will occur. Customer shall pay the cost of the additional test requested for any meter(s) if the test shows that the meter(s) is accurate (within five percent (5 %) registration), but Fort Worth shall pay the costs of the additional test if the results indicate that the meter(s) is not accurate (in excess of five percent (5 %) registration). 4.4 Out of Service Meter. If any meter used to determine the flow of treated water to Customer is out of service or out of repair so that the amount of water metered cannot be ascertained or computed from reading the meter, then the water delivered during the period that the meter is out -of- service or out of repair shall be estimated and agreed upon by the Parties upon the basis of the best data available. The basis for estimating such flow includes, but is not limited to, extrapolation of past patterns of flow for that metering station under similar Agreement for Water Service 10 conditions. If the Parties cannot agree on the extrapolated estimate of water volume delivered, then agreement on the flow volume will be determined by § 22.6 dispute resolution. ARTICLE 5. Meter Reading and Billing 5.1 Reading Meters. Fort Worth will read all meters provided for herein at monthly intervals, and the Parties shall have free access to read these respective meters daily, if either Party so desires. Each Party has the duty to give immediate notice to the other of any meter that it finds is not functioning properly, Upon such notice, repairs to such meter shall be made promptly. 5.2 Records. All readings of meters will be entered into the records maintained by Fort Worth. Customer shall have access to such records during reasonable business hours and shall be furnished with monthly readings for each point of delivery metering facility. 5.3 Multiole Meters. If Customer has more than one point of connection to the Fort Worth System, the sum of all meter readings and rates of flow shall be used for the purpose of calculating the water Volume Charge and the Rate of Use Charge. 5.4 October Billinu. A review of water usage amounts by Customer for the past twelve (12) months shall be made during the presentation of the October bill each year. The October statements shall be prepared so as to reflect any and all Rate of Use Charges for the Fiscal Year just ended which have not been previously billed and paid. A copy of the rate of flow charts or other records showing the Maximum Day Demand and the Maximum Hour Demand for the Fiscal Year just ended shall be furnished to Customer with the October billing. 5.5 Billine and Pavment. Bills for water service shall be rendered to Customer monthly by Fort Worth, and shall be due and payable by Customer not more than thirty (30) days from the billing date. The bills will show current charges, as well as past -due charges, if any. Past -due charges shall be the total amount unpaid from all prior billings as of the current billing date. Payments received by Fort Worth shall first be applied to the past -due charges, if any, and thereafter to the current charges. 5.6 Billing Disnutes. If Customer disputes a bill and is unable to resolve the difference informally, Customer shall notify the Director in writing. If the Director and Customer are unable to resolve the disputed bill, agreement on the bill will be determined by § 22.6 dispute resolution procedures. Dispute of a bill shall not be grounds for non - payment. If a bill or other payment is not paid as specified in this Agreement, a finance charge of ten percent (10 %) per annum will be calculated from the date which the payment was required to be made. If a billing adjustment is agreed upon or otherwise established by dispute resolution, then the amount found to be incorrect will be credited to Customer's account together with an interest charge of ten percent (10 %) per annum calculated from the date payment of the disputed bill was received. ARTICLE 6. Rates 6.1 Method of Rate Determination. 6.1.1 Wholesale water rates will be based upon an annual cost -of- service rate study with a rate study conducted every three years by an independent utility rate Agreement for Water Service 11 consultant as provided for in § 6.1.4. The independent utility rate consultant shall be selected by the Director from a list of five qualified firms submitted to the Director by the Wholesale Customer Advisory Committee. The cost of any such study shall be a System Cost. All cost -of- service studies shall be conducted utilizing the utility cost basis of determining revenue requirements applicable to the wholesale customer class. 6.1.2 The System Cost (i.e., the cost -of- service for the wholesale class) shall include allocated reasonable and necessary operation and maintenance expense; depreciation expense; a fair and reasonable return on allocated capital facilities as provided in § 6.1.3; general and administrative costs; commodity charges including the Raw Water Charge; the cost of treated water; transmission losses; Street Rental (calculated as provided in § 1.25); and Payment In Lieu of Taxes ( "PILOT" calculated as provided in Exhibit D). To determine the allocation and distribution of costs to the wholesale customer class, the independent utility rate consultant shall consider at least the following factors: total volume, rate of flow, metering, and customer related costs such as accounting, billing, and monitoring. Capital related costs will consist of depreciation expense and return on original cost rate base. The "rate base" shall consist of all allocated capital facilities, net of depreciation and contributions, and shall include construction work in progress, a reasonable allowance for working capital, and a reasonable inventory of materials and supplies necessary for the efficient operation of the Fort Worth System. The methodology shall be that used in the most recent wholesale water rate study completed and approved by the Fort Worth City Council before the Effective Date, which Customer acknowledges having received prior to executing this Agreement. Records of the original cost and the accumulated depreciation of all capital facilities shall be maintained in the Fort Worth Fixed Asset Tracking System. These records shall be available for inspection at the Fort Worth Water Department during reasonable business hours upon request by Customer. 6.1.3 Fort Worth shal l be allowed to earn and recover in rates a rate -of- return on the rate base as described in § 6.1.2. That rate of return shall be equal to the weighted average imbedded cost of outstanding debt plus one and one -half percent (1- 112 %). The parties agree that this rate of return is reasonable. 6.1.4 For the Fiscal Years beginning October 1, 2011, 2014, 2017, 2020, 2023 2026 and 2029, a detailed wholesale water rate study will be performed by an independent utility rate consultant selected by the Director in conformance with § 6.1.1. The same methodology used in the immediate previous rate study will be utilized by the rate consultant so selected. In the interim Fiscal Years between detailed rate studies, Fort Worth will adjust wholesale water rates annually, using the same methodology as the last detailed rate study, and will utilize the actual operating data for the twelve (12) month period ending September 30'' of the prior year, adjusted for all known and measurable changes in cost data that may have occurred since the last audited financial statement. Such adjustments should allow for year -end trending and the spreading of non - recurring expenses over an appropriate benefit period. Agreement for Water Service 12 6.1.5 Changes in the wholesale water rate methodology wit l be allowed if recommended by a majority vote of the Wholesale Customer Advisory Committee and approved by the Fort Worth City Council. For purposes of this § 6.1.5, a majority is defined as any combination of Fort Worth wholesale customers that took more than fifty percent (50 %) of the wholesale water delivered by Fort Worth during the immediate past Fiscal Year. 6.2 Dates to be Used. 6.2.1 The rates and charges to be effective upon approval of this Agreement shall be those calculated by the most recent cost of service study and adopted by the fort Worth City Council to take effect during the current Fiscal Year. 6.2.2 The Raw Water Charge shall be increased or decreased when the raw water cost paid by Fort Worth for water available for treatment and sale to Customer is increased or decreased as determined by the Tarrant Regional Water District in accordance with Fort Worth City Secretary Contract No. 12720. 6.2.3 The Parties agree that services obtained pursuant to this Agreement are essential and necessary to the operation of Customer's waterworks facilities and that all payments made by Customer hereunder shall constitute reasonable and necessary operating expenses: of Customer's waterworks and wastewater systems within the meaning of § 1502.056 of the Texas Government Code, and the provisions of any and all ordinances of Customer authorizing the issuance of any revenue bonds of Customer which are payable from its waterworks and wastewater systems. 6.2.4 Customer agrees, throughout the term of this Agreement, to fix and collect such rates and charges for water service to be supplied as will produce revenues in an amount equal to at least (i) all of operation and maintenance expenses of such system, including specifically its payments under this Agreement; and (ii) all other amounts as required by law and the provisions of the ordinances or resolutions authorizing its revenue bonds or other obligations now or hereafter outstanding, including the amounts required to pay all principal of and interest on such bonds and other obligations.. 6.2.5 Customer understands that Fort Worth City Council has the right to annually revise the rates charged to cover all reasonable, actual, and expected costs. Revision of rates shall be pursuant to the provisions set forth in this Agreement. Fort Worth shall give Customer a minimum of six (6) months notice of intent to revise rates. Fort Worth will furnish members of the Wholesale Customer Advisory Committee a draft copy of the cost -of- service study of the proposed rates sixty (60) clays prior to Fort Worth submitting a rate increase request to its City Council. Within thirty (30) clays of receiving the draft study, the Wholesale Customer Advisory Committee will submit its written comments on the draft study to Fort Worth, and Fort Worth will respond to these comments as soon thereafter as possible. If the Wholesale Customer Advisory Committee has not provided its written comments within said period, the Wholesale Customer Agreement for Water Service 13 Advisory Committee is deemed to have accepted the proposed rates contained in the draft study, and Customer agrees that it will be bound by the rates as approved by the Fort Worth City Council. The rates approved by the Fort Worth City Council shall be the rates to be used in this Agreement for the succeeding Fiscal Year. ARTICLE 7. Pavrnent for Water Payment of charges to Fort Worth for water used by Customer shall be .made as follows: 7.1 Annual Pavrnent. The annual payment will be the charges computed based on all water delivered by Fort Worth to Customer during the current Fiscal Year at rates set pursuant to this Agreement. For purposes of calculating the annual payment, the current year will be the Fiscal Year during which the water triage occurred. However, the minimum annual payment will be the greater of the following: 7. 1.1 the current Fiscal Year Volume Charge times the current Fiscal Year Annual Consumption, plus the Service Charge, plus the current Fiscal Year Rate of Use Charges (Exhibit C, Example 1); or T1.2 the current Fiscal Year Volume Charge times the current Fiscal Year Annual Consumption, plus the Service Charge, plus the current Fiscal Year Rate of Use Charges applied to the average of the Maximum Day Demand above Average Daily Use and the average of the Maximum Hour Demand above Maximum Day Demand for the most recently completed three (3) Fiscal Years (to include the current Fiscal Year) (Exhibit C, Example 2); or 7.1.3 if applicable to Customer, a Stand -by Charge equal to: (a) twelve (12) months; (b) times the total number of EM units for all of the Customer's wholesale meters connected to the System; (c) times 28,$00 gallons per day; (d) times a dollar amount equal to a three (3) year numerical average of the Treatment, Pumping and Transmission Charge per 1,000 gallons, using the Treatment, Pumping and Transmission Charge from most recent annual cast -of- service rate study performed by the independent utility rate consultant as provided in § 6.1.4 and the two years prior to the year of that study. This dollar average will remain in effect for purposes of calculating this § 7.1.3 Stand- by Charge until the next cost-of-service rate study is performed by an independent utility rate consultant as provided in § 6.1.4. Exhibit B presents an example calculation of the Stand -by Charge. kgreement for Water Service 14 i Withdrawal Rate. The rate at which water is withdrawn from the Fort Worth System by Customer shall be regulated by rate -of -flow controllers, pumps, or other approved methods. The rate of withdrawal shall be controlled so that the maximum rate shall not exceed 1.35 times the Maximum Day Demand experienced during the previous year unless Customer has notified the Director at least (b) months before the date of the anticipated increase in the Maximum Day Demand; provided, however that in an Emergency such as a line break, Customer shall advise the Director within 24 hours of the increase in the maximum rate of withdrawal. Customer shall furnish the Director with all pertinent information regarding the proposed increase in maximum rate of withdrawal. The Director may waive the notice requirement if, in his sole opinion, that notice is not necessary to protect the interests of Fort Worth. 7.3 Monthiv Pavments. The monthly payment will be the sum of (a) plus (b) plus (c): (a) the greater of (i) one - twelfth (1112) of the amount calculated in § 7.1, or (ii) the Volume Charge times the actual volume of water taken that month; (b) one - twelfth (1112) of the sum of the annual Rate of Use Charges, determined as provided in § 7.5 and Exhibit C; and (c) one - twelfth (1112) of the sum of the Fiscal Year Service Charge. 7.4 Total Annual Pavments. The total annual payment for water delivered to Customer shall be based on the annual and peak volumes delivered to Customer during the Fiscal Year, as determined by meters, flow recording devices or other approved methods, and calculated as provided in the annual payment provisions set forth above and in Exhibits B and C. The October monthly payment for September's usage shall contain any adjustments necessary to update the Rate of Use Charge calculations as necessary to recover the Annual Payment for the Customer's actual withdrawals from the Fort Worth System (including Rate of Use Charges for Maximum Hour and Maximum Day Demands) for the Fiscal Year just ended, during which the water usage occurred. Exhibit C provides examples of the Annual Bill Calculation. 7.5 Rate of Use Charge. As provided in §§ 7.1, 7.3 and 7.4 and shown in Exhibit C, Monthly Payments and the Annual Payment shall include Rate of Use Charges, unless the Stand- by Charge applies. The Rate of Use Charges consist of: (a) Maximum Day Rate of Use Charge, calculated by multiplying the "Excess Max Day Charge" per MGD from the annual cost -of- service rate study, times the Maximum Day Demand (in MGD) in excess of Average Daily Use (in MGD); and (b) Maximum Hour Rate of Use Charge, calculated by multiplying the "Excess Max Hour Charge" per MGD from the annual cost -of- service rate study, times the Maximum Hour Demand (expressed as MGD) in excess of Maximum Day Demand (in MGD). Exhibit C presents example Rate of Use Charge calculations. Rate of Use Charges are estimated by applying the current Fiscal Year Excess Max Day and Excess Max Hour Charges to the prior Fiscal Year's Maximum Day Demand, Maximum Hour Demand and Average Daily Use in the October through September bills, with adjustments in the October bill as necessary to recover the Agreement for Water Service 15 Annual Payment based on the Customer's actual withdrawals (including Rate of Use Charges for Maximum Hour and Maximum Day Demands) for the Fiscal Year just ended, during which the water usage occurred. 7.6 AnnlicabiIity of Stand -bv Charae.. Customer is subject to the Stand -by Charge if the amount of the Stand -by Charge is the greater of the Annual Payment options listed in § 7.1. Customer is a Stand -by Customer if it receives water from the System for Emergency use only, and the Director has approved that use. A Stand -ley Customer's obligations under this Agreement include the requirements of § 3.1 for the location, approval and installation of meters.. By execution of this Agreement and approval of the Stand -by service meter, Fort Worth agrees to provide the wholesale Emergency service through the approved meter to the Stand -by Customer, subject to the terms of this Agreement; however, notwithstanding § 2.1, delivery of water to a Stand -by Customer is subordinate to Fort Worth's other delivery obligations. Further, this Agreement does not grant or imply that the Standby Customer has reserved any water service, capacity or delivery from the System, other than for Emergency use as provided in this § 7.6. Any change in the Stand -by Customer's use from Emergency to non - Emergency must be approved in writing by the Director. Unless otherwise agreed in writing by Customer and Director, the Stand -by Customer is not required to pay the Impact Fees required by Article 16 until it requests or takes deliveries of water from the System that exceed the approved Emergency use.. ARTICLE 8. Effective Date The effective date and time of this Agreement for all purposes is January 1, 2411 at 12:01 a.m. Upon the Effective date, the wholesale water service agreement then in effect between Fort Worth and the Customer is terminated and superseded by this Agreement. ARTICLE 9. Term This Agreement expires on September 30, 2031. It may be renewed on terms mutually agreeable to the Parties. ARTICLE 10. Riuhts- of -Wav Customer shall grant, without charge to Fort Worth, such easements and rights -of -way along public highways or other property owned by Customer, as requested by Fort Worth, in )rder to construct or maintain mains or facilities within the Customer's Service Area to provide eater to Customer and to other areas. Upon notice from Customer and at Fort Worth's expense ncurred as a. System Cost, Fort Worth will move such water mains or facilities located in such ;treet rights -of -way, or other property owned by Customer when reasonably necessary to the )erfonnance of essential governmental duties by Customer. Fort Worth shall grant, without :barge to Customer, such easements and rights -of -way along public highways or other property 5wned by Fort Worth, as requested by Customer, in order to construct and maintain water mains )r facilities within Fort Worth to provide water to Customer. Upon notice from Fort Worth and .t Customer's expense, Customer will move such water mains or facilities when located in such treet rights-of-way or other property owned by Fort Worth when reasonably necessary to agreement for Water Service 16 performance of essential governmental duties by Fort Worth. All work done by or on behalf of Fort Worth under this paragraph will be performed in accordance with specifications equal to those applying to work of a similar nature performed within Fort Worth, and the applicable Party will use its best efforts to restore the others property to as near original condition as feasible unless otherwise mutually agreed in writing. Fort Worth and Customer agree to coordinate the location of the mains and/or facilities in the other's easements and rights -of -way in order to prevent further conflicts insofar as is reasonably practicable. ARTICLE 11. TCEQ Public Water Sutfoly Anoroval The Customer System shall be approved by the TCEQ during the life of this Agreement. If, at any time, the Customer System is not approved by the TCEQ, or if Customer does not have an active cross - connection control program, there shall not be any direct physical connection between the Fort Worth System and the Customer System unless an approved backflow prevention device has been provided and installed and this installation has been approved by the TCEQ. All expenses to provide and install backflow prevention device(s) will be borne by Customer. ARTICLE 12. Resale of Water 12.1 Outside Service Area. Customer agrees that it will not share facilities for water system use with any other governmental or corporate entity outside of Customer's Service Area without the express written consent of Fort Worth, which consent shall not be unreasonably withheld. Fort Worth neither recognizes nor approves any existing agreements entered into by Customer w,caf .,u,ur governmental or corporate entities outside of Customer's Service Area, unless expressly approved in writing by the Director before the Effective Date. 12.2 Exceptions. Only those existing connections outside of the Customer's Service Area shown in Exhibit E may continue. Customer agrees that it will not enter into any resale or transportation agreement other than as a part of its normal offering and supply of water to existing and future subscribers to its Customer System without the recommendation of the Wholesale Customer Advisory Committee and express written consent of Fort Worth. ARTICLE 13. Sanitary Sewer Facilities The Customer agrees that it will require all of its customers, who are provided water from the Fort Worth System, to have adequate sanitary sewage facilities meeting TCEQ requirements. ARTICLE 14. Additional Wholesale Customers Fort Worth will use its best efforts to provide an adequate water supply for all of its customers. Prior to the approval of additional wholesale customers, Fort Worth will obtain in writing reasonable assurances from the Tarrant Regional Water District that the projected ten (1 0) year water demands of the then - existing wholesale customers being served and any proposed additional customers can be fulfilled, and will charge the new customer an appropriate connection fee pursuant to § 3.3. Fort Worth will consult with the Wholesale Customer Agreement for Water Service 17 Advisory Committee and the Tarrant Regional Water District before contracting with additional new wholesale water customers. ARTICLE 15. Wholesale Customer Advisory Committee Customer's governing body shall annually appoint a representative to be a voting member of the Wholesale Customer Advisory Committee, whose purpose shall be to consult with and advise Fort Worth, through the Director, on matters pertaining to conservation, wholesale planning, improvements, grants, wholesale rate studies, administration, budgets, and additional wholesale customers, whether same be wholesale customers of Customer or Fort Worth. The Wholesale Customer Advisory Committee may establish bylaws governing the election of officers, meeting dates and other matters pertinent to its functioning. ARTICLE 16. Impact Fees 16.1 Calculation and Pavment of Impact Fees.. On a quarterly basis, Customer agrees to pay to Fort Worth an Impact Fee for each new or enlarged connection for water service made within Customer's Service Area served by the Fort Worth System. The Impact Fee to the Customer for each such connection shall be based upon the size of water meter and shall be equal to the Impact Fee adopted by Fort Worth and collected for the same size water meter and type of connection within the jurisdiction of Fort Worth. The calculation of the Impact Fee shall be consistent with the Fort Worth ordinance adopting the Impact Fee in accordance with all applicable state and federal regulations, including Chapter 395, and shall include only those costs allowed under § 395.012 (or its amended or successor statute) that are associated with Capital Improvements necessary to provide service to new development. Nothing within this Agreement shall be deemed to prevent either Fort Worth or Customer from charging their own retail customers' Impact Fees in excess of the Impact Fee authorized by this Agreement. 16.2 Multinle Surface Water Providers. If Customer receives surface water from more than one water provider for use by potable water customers within its Service Area, then the Customer's impact fees due to Fort Worth shall be proportionately reduced. The charge will be a fractional part of the Impact Fee imposed within Fort Worth for the same size of meter based on the ratio of the annual amounts of water purchased from Fort Worth to the total annual combined amount of surface water purchased from Fort Worth and the Customer's other surface water provider {s }. For purposes of calculating this fractional part, this ratio will be the greater of the most recent prior annual ratio or the most recent 3 year average ratio occurring after the first Fiscal Year after the Effective Date. 16.3 Use of Impact Fees. As required by Chapter 395, Fort Worth agrees that all money remitted to it pursuant to this Article 16 will be placed in an interest bearing account to pay only for the cost of constructing Capital Improvements included in the Chapter 395 capital improvements plan, and will not be used for operation and maintenance expenses. Once expended, such funds and all interest earned thereon will be considered a "contribution" for rate setting purposes only. To the extent that the cost of any Capital Improvement is recovered through Impact Fees, it shall not be included in the System Cost. Agreement for Water Service 18 16.4 lmpact Fee Report. Customer shall provide to Fort Wnrth information that relates to the making of new and/or enlarged connections within its jurisdiction as may be requested by the Director, including building permits, with each quarterly payment required in this Article 16. 16.5 No Waiver. Neither Fort Worth nor Customer shall waive any Impact Fee due from new or enlarged connections to its respective system within its jurisdiction. However, either Fort Worth or Customer may pay such Impact Fee into the interest bearing Impact Fee account required by § 16.3. 16.6 CIFC The Wholesale Customer Advisory Committee created pursuant to Article 15 shall select five (5) of its members to a subcommittee to be known as the Customer Impact Fee Committee ( "CIFC "). As required by Texas Local Government Code § 395.052, at least every five (5) years, beginning June, 2014, or sooner, Fort Worth will update the land use assumptions and capital improvements plan upon which the Fort Worth Impact Fees are based, or make the determination under Chapter 395 that no update is required. Fort Worth shall submit a copy of the annual report of Fort Worth Impact Fee projects and expenditures to the Wholesale Customer Advisory Committee Rate Subcommittee. In June 2014 and at least every five years thereafter, the CIFC shall submit a list of five qualified engineers or planning consultants to the Director. The Director shall select a consultant from such list to assist Fort Worth in developing land use assumptions, identifying capital improvements, and formulating capital improvement plans and Impact Fees. The consultant shall be responsible to Fort Worth and its citizen's advisory committee, but shall also report to the CIFC. The cost of the consultant shall be deemed a System Cost, except to the extent that such cost is recovered through Impact Fees. If the CIFC fails to submit a list of five consultants to Fort Worth, Fort Worth shall select the consultant. 16.7 Capital Improvements Plan. Fart Worth agrees that only the Capital Improvements as defined in § 1.4 shall be included in the capital improvements plan for the purpose of determining Impact Fees; provided however, Fort Worth may include other capital improvements for the purpose of determining Impact Fees to its own retail customers. Fort Worth shall not be required to include all of its capital improvements in its Chapter 395 capital improvements plan. The CIFC shall be responsible for working with Fort Worth and its consultants to determine the Capital Improvements to be included in the calculation of any Impact Fees. The CIFC shall recommend to the Wholesale Customer Advisory Committee which Capital Improvements should be included in the calculation of any Impact Fees. The CIFC shall also meet with Fart Worth's citizen advisory committee as such citizen's advisory committee reviews and considers land use assumptions, the capital improvements plan and Impact Fees. 16.8 Dissemination of Documents. Prior to the adoption of any land use assumptions, capital improvements plan, or Impact Fees assessed by Fort Worth, the CIFC shall be furnished a copy of the proposed land use assumptions, capital improvement plans or Impact Fees at least thirty (30) days prior to any scheduled hearing thereon. Any revised Impact Fee adopted pursuant to such updated capital improvements plan shall not take effect for a period of at least ninety (90) days after adoption by Fort Worth. Agreement for Water Service 19 16.9 Audited Financial Statement. Upon request, Fort Worth shall make available to the Wholesale Customer Advisory Committee the most recent audited financial statement of the Fort Worth Water Department's records. 16.10 Current Irnoact Fees. Customer agrees to pay Impact Fees in the amounts determined pursuant to this Article 16. On the Effective Date, those impact fees are the Impact Fees most recently adopted by the Fort Worth City Council before the Effective Date. Thereafter the Impact Fees are those in effect by Fort Worth ordinance at the time the new or enlarged connection is made. 16.11 Chanees to Chapter 395. Fort Worth and Customer agree that the methodology for the calculation of Impact Fees required by this Agreement shall be consistent with the methodology prescribed by Chapter 395. If (hat statutory methodology is amended or replaced by a new statute, the Wholesale Customer Advisory Committee may engage legal counsel to work with Fort Worth to propose amendments to this Agreement to conform it to such amendment or new statute. The reasonable cost of such legal counsel shall be a System. Cost. ARTICLE 17. Drcach. Termination and Other Remedies 17.1 Termination by Mutual Consent, This Agreement may be terminated in whole or in part by the mutual consent of Customer and Fort Worth. Fort Worth's decision on whether to consent to termination remains within it's sole discretion; however, before consenting to termination, Fort Worth shall consult with WCAC regarding the circumstances of the proposed termination. 17.2 Termination for Material Breach. Notwithstanding anything in this Agreement to the contrary, any material breach by either Party to perforrn any of its duties or obligations under this Agreement, or to faithfully keep and perform any of the terms, conditions and provisions of this Agreement, shall be cause for termination of this Agreement by the non- breaching Party in the manner set forth in this § 17.2. Upon such breach, the non- breaching Party may notify the breaching Party of the non- breaching Party's intention to terminate this Agreement if the breaching. Party fails to cure such breach within ninety (90) days from the date of the notice. The notice must include a reasonable description of the brenh. The non- breaching Party shall notify the breaching Party in writing upon acceptance of the cure of any breach. If by the ninetieth (90th) day the breaching Party fails or refuses to cure such breach pursuant to the terms and conditions of this Agreement, then the non - breaching Party shall have the right to terminate this Agreement with six months additional notice to the breaching Party. 17.3 Termination for Revealed Breach. Upon a second (or any repeated) breach of a similar nature by a Party and irrespective of any cure of such breach, the non- breaching Party may, after six (6) months notice to the breaching Party, terminate this Agreement. That notice must be provided within a reasonable time after the repeated breach that is the basis for the termination. 17.1 Material Breach. The following breach, default or tailure to perform a duty or obligation under this Agreement is a material breach: Agreement for Water Service 20 a. Failure to comply with §§ 2.5 or 2.6 requirements regarding rationing, conservation measures or restrictions; b. Failure to pay any bill, charge, or fee as required by this Agreement, including fees required under Article 16; C. Making any connection to the Fort Worth System at any point except as provided in § 3.2; d. Failure to correct any potentially hazardous connection in accordance with the terms of Article 11, after notice delivered by certified mail; e, Failure to provide Fort Worth ingress and egress for purposes of operation and maintenance of any metering facility; F. Failure to provide Fort Worth rights -of -way as required herein; or Failure to provide Fort Worth an Impact Fee report as required in Article 16. All other breaches are deemed to be non - material 17.5 Notice and Cure. In the event of material or non - material breach, default or failure to perform a duty under this Agreement, the non - breaching Party may send a notice of such default to the breaching Party. The notice must include a reasonable description of the breach. If the breaching Parry fails to cure the breach, default or failure within 60 days of that notice, then the non - breaching Party may give the breaching Party a second notice of its failure to cure the breach. Failure to cure the breach within 30 days after the second notice shall constitute a repeated breach, and may result in termination of this Agreement as provided in § 17.3 for repeated breach. Fort Worth may, upon breach by a Customer, surcharge the Customer an amount devel n ned and r le11I9ltt - ,d by Fart Wnrth ;ntrn rl i-d to n-1rn 611 rcP Fnrt Wn rth fnr anxi damages each month, including 10% interest, until Customer cures that breach. Because failure to perform obligations under this Agreement cannot be adequately compensated in money damages alone, the Parties shall have available to them the equitable remedy of specific performance in addition to any other legal or equitable remedy as may be provided by law. 17.6 Notice and Cure for Nonnavment of Ininact Fees. If the breach is based on the non- payment or underpayment of Impact Fees, then the Customer shall pay Fort Worth the amount of the non- payment or under - payment within 60 days of the notice required by §§ 17.2 or 17.5, plus interest at a rate of 10% of the amount owed, accruing from the time at which the payment was due. An additional charge of $500.00 will be added if no Impact Fee report was filed. 17.7 Notice and Cure for Breach of Water Use Restrictions and Conservation. If Customer breaches §§ 2.5 or 2.6, then the § 17.2 notice provisions do not apply and the Director, in his sale discretion, may, in writing, set such time in which the Customer shall cure the breach. If Customer fails or refuses to cure the breach within the stated time, then Fort Worth shall have the right to declare this Agreement terminated after six (6) months additional notice to Customer. 17.8 Failure to Provide Notice of Withdrawal Rate under $ 7.2. Failure to provide § 7.2 notice, provided the Director did not waive notice requirements, will be considered a non- material breach of the Agreement and, in addition to other remedies available under this Agreement shall result in an automatic surcharge in the amount specified in § 17.5 for such non- material breaches of the Agreement, without further notice requirements. Agreement for Water Service 21 17.9 Effect of Termination. Upon termination of this Agreement under this Article 17, all rights, powers, and privileges of Customer and Fort Worth under this Agreement shall cease and terminate, and neither Party shall make any claim of any kind whatsoever against the other Party, its agents or representatives, by reason of termination or any act incident to termination, if the terminating Party acted reasonably and the termination was not unreasonable, or arbitrary and capricious. If this Agreement is not renewed before it expires, and the Parties are negotiating in good faith regarding the provisions of a new agreement, then the Parties may extend the date for termination, in writing that refers to this § 17.9 and is signed by both Parties. If this Agreement is not renewed, or if the Agreement is terminated by one of the Parties pursuant to this Article 17, then, as authorized by Texas Water Code § 1 1.036, this Agreement requires the Customer to develop alternative or replacement supplies before the expiration or termination of this Agreement; this requirement may be enforced by the equitable remedy of specific performance, sought by court order, in addition to any other legal or equitable remedy as may be provided by law. No continuation of the service obligation exists or will be implied after expiration or termination. 17.10 No Waiver by Fort Worth. Any failure by Fort Worth to terminate this Agreement, or the acceptance by Fort Worth of any benefits under this Agreement, for any period of time after a material breach, default or failure by Customer shall not be determined to be a waiver by Fort Worth of any rights to terminate this Agreement for any subsequent material breach, default or failure. 17.11 No Waiver by Customer. Any failure by Customer to terminate this Agreement, or the acceptance by Customer of any benefits under this Agreement, for any period of time after a material breach, default or failure by Fort Worth shall not be determined to be a waiver by Customer of any rights to terminate this Agreement for any subsequent material breach, default or failure. ARTICLE 18. Ownershin and Liabilitv 18.1 No Joint Venture. No provision of this Agreement shall he construed to create any type of joint or equity ownership of any property, any partnership or_joint venture, nor shall same create any other rights or liabilities and Customer payments (whether past, present, or future) shall not be construed as granting Customer partial ownership of, pre -paid capacity in, or equity in the Fort Worth System. 18.2 Liabilities. Liabilities for damages arising from the proper treatment, transportation and delivery for all water provided hereunder shall retrain with Fort Worth to the point of delivery and, upon passing through the meter, liability for such damages shall pass to the Customer, save and except that Fort Worth's sole responsibility is to provide to Customer water of a quality which meets state and federal drinking water standards. Each Party agrees to save, release and hold harmless the other Party from all claims, demands, and causes of action which may be asserted by anyone on account of the quality, transportation and delivery while water is in the control of such Party. This covenant is not made for the benefit of any third party. Fort Worth takes the responsibility as between the Parties for the proper treatment, quality, transportation, and delivery of all such water provided by it to the point of delivery. Agreement for Water Service 22 18.3 Contractors. Agreements made and entered into by either Customer or Fort Worth for the construction, reconstruction or repair of any Delivery Facility shall include the requirement that the independent contractor(s) must provide adequate insurance protecting both the Customer and Fort Worth as co- insured. Such Agreement must also provide that the independent contractor(s) covenant to indemnify, hold harmless and defend both the Customer and Fort Worth against any and all suits or claims for damages of any nature arising out of the performance of such Agreement. ARTICLE 19. Force Maieure 19.1 Notice and Suspension. If by any reason of force majeure either Parry shall be rendered unable, wholly or in part, to carry out its obligations under this Agreement, other than the obligation of the Customer to make payments required under the terms hereof, then if such Parties shall give notice and full particulars of such force majeure in writing to the other Party within a reasonable time after the occurrence of the event or cause relied on, the obligation of the Party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and such Parry shall endeavor to remove or overcome such inability with all reasonable dispatch. 19.2 Definition. The term "force majeure," as employed herein, shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the government of the United States or the State of Texas, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, partial or entire failure of water supply, and inability on the part of Fort Worth to deliver water hereunder or the Customer to receive water hereunder on account of any other cause not reasonably in the control of the Party claiming such inability. ARTICLE 20. Notices 20.1 Reouired Notice. Except in the case of an Emergency, any notice or other communication that is required, given or provided for under this Agreement shall be in writing, and addressed as follows: To Fort Worth: Water Director City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 To Customer: Mayor City of Address , Texas 7 Agreement for Water Service 23 With an additional copy to be given to a Customer representative, if designated in writing by Customer. 20.2 Delivery and Receint. Notice shall be either (a) delivered personally, (b) sent by United States certified mail, postage prepaid, return receipt requested, (c) placed in the custody of a nationally recognized overnight carrier for next day delivery, or (d) sent via telecopy or facsimile (fax) transmission. Notice shall be deemed given when received if delivered personally or sent via telecopy or facsimile transmission with written confirmation of receipt; forty -eight (48) hours after deposit if sent by mail; and twenty -four (24) hours after deposit if sent by nationally recognized overnight carrier for next day delivery. 20.3 Chance of Address Notices.. Each Party shall provide notice in writing, as provided in § 20.1 of any change in its address. ARTICLE 21. Inspection and Audit Complete records and accounts required to be maintained by each Party shall be kept for a period of five (5) years. Each Party shall at all times, upon notice, have the right at reasonable times to examine and inspect said records and accounts during normal business hours; and further, if required by any law, rule or regulation, make said records and accounts available to federal and/or state auditors. The responding Party shall make the records available promptly upon request. ARTICLE 22. Miscellaneous 22.1 Favored Nations. Fort Worth and Customer agree that if Fort Worth should enter into any future Agreement for supplying treated water to any municipality under more favorable terms or conditions than set forth herein, this Agreement shall be amended to provide the same terms and conditions with respect to the sale of treated water to Customer. 22.2 Suspension of Rate of Use Charges. During an Emergency it may be necessary that water be withdrawn from the Fort Worth System at a rate of usage in excess of the Customer's contractually established Maximum Daily Demand and Maximum Hour Remand. It is agreed that extra Rate of Use Charges that would normally be applicable shall not apply for such bona fide emergency withdrawals provided that Fort Worth is notified in writing within forty -eight (48) hours of the occurrence of the Emergency. In any event, the normally applicable Rate of Use Charges the Customer would have incurred had it not been an Emergency, plus the Volume Charges for all water delivered, shall be due and payable as described elsewhere in this Agreement. 22.3 Water to Adiacent Areas. At the request of the Director, Customer agrees to furnish water to areas and premises situated adjacent to the boundary of Customer and within the boundaries of Fort Worth, subject to the Texas Water Code and TCEQ regulations regarding service areas. The metered quantity of water used in this area each month by Fort Worth shall be the total of all individual customer meter readings. At the option of Customer or Fort Worth, a master meter may be installed where practicable at the expense of Fort Worth to meter all water used by Fort Worth under the terms of this § 22.3. The metered quantity of water furnished by Agreement for Water Service 24 Customer to Fort Worth shall be deducted from the total quantity of water withdrawn from the Fort Worth System by Customer before the charge for water service to Customer is computed in accordance with the payment computations set forth and based on the Volume Charge, the quantity of water so withdrawn from the Fort Worth System and, if the meter serving those customers has been equipped to measure it, Maximum Day Demand and Maximum Hour Demand. 22.4 Subiect to Laws and Permits,. This Agreement is subject to all applicable federal and state laws and any applicable permits, amendments, orders, or regulations of any state or federal governmental authority having or asserting jurisdiction, but nothing contained herein shall be construed as a waiver of any right to question or contest any such law, order, rule or regulation in any forum having jurisdiction. Customer agrees to abide by any changes in this Agreement made necessary by any new, amended, or revised state or federal regulation; however the Parties may not enact rules or laws that conflict with this Agreement. 22.5 Entry on Customer's Premises. Upon prior notice by the Director, Customer shall allow any duly authorized employee of Fort Worth who presents proper credentials to access any premises located within Customer's Service Area or served by Customer as may be necessary for the purpose of inspections and observation, measurements, sampling and testing and/or auditing, in accordance with the provisions of this Agreement. Customer may elect to accompany the Fort Worth representative. To the extent perrnitted by law, Fort Worth agrees to be responsible to Customer for any damage or injury to person or property caused by the negligence of such duly authorized employee while such employee is in the course and scope of their employment. 22.6 Alternative Disnute Resolution. 22.6.1 The parties shall endeavor, but only to the extent permitted by applicable law and at no additional cost to Customer, to settle all disputes arising out of or relating to this Agreement by amicable negotiations. 22.6.2 Any and all disputes arising out of or relating to this Agreement that cannot be resolved informally will be submitted to mediation. The place of mediation shall be in Tarrant County, Texas. A mediator shall be jointly agreed to by both Parties, and the mediator selected shall have expertise in the sale and supply of treated water. Either Party may apply for injunctive relief until the mediation decision is rendered or the controversy is otherwise resolved. Either party may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that Party, pending the mediator's determination of the merits of the controversy. Each Party shall initially bear its own costs and expenses; however, unless otherwise agreed in mediation, Fort Worth's costs in mediation, including expenses, reasonable attorneys' fees and other costs, shall be a System Cast. Nothing occurring during mediation shall be considered evidence in court. 22.6.3 If mediation is not successful, either Parry may commence litigation to resolve the dispute. Fort Worth's litigation costs shall be a System Cost. Agreement for Water Service 25 217 Information. If requested by the Director, Customer shall provide quarterly the following data or information; 22.7.1 Actual number of customer amounts consuming directly or indirectly from the Customer System within Customer's Service Area; 22.7.2 Classification of domestic and nondomestic accounts within its Customer's Service Area by number and percentage of accounts consuming directly or indirectly from Customer System within its Customer's Service Area; 22.7.3 Customer water usage from all sources other than the Fort Worth System, including ground water, other surface water, and water supply agreements with other entities; and 22.7.4 Additional data which may assist Fort Worth andlor Customer in developing methodology for cost of service studies, planning studies for analyzing federal grants, and Impact Fees; provided, however, that neither Party shall request data that will require either Party to incur unreasonable expenses in providing such data. 22.8 Assienment. Customer may not assign this Agreement without the prior written consent of Fort Worth. Fort Worth may not assign this Agreement without the prior written consent of Customer, except that if Fort Worth's water utility is designated as a regional water agency by a duly authorized regulatory body, or if Fort Worth elects to contract with or assign this Agreement to a re wn l, , auld- lor :a. b. Agreement .. uw --- a auut�u l6y or lr to provide ail or part ❑I the services covered b this Agreement, the Customer hereby agrees and grants Fort Worth the right to assign this Agreement under the following conditions. The regional water authority or utility shall assume and receive the same obligations, responsibilities and benefits as Fort Worth, and Fort Worth or the regional authority or utility will notify the Customer of such assignment at least ninety (90) days prior to its effective date. 22.9 No Waiver. No waiver by either Party of any term or condition of this Agreement, or failure to give notice of any breach, shall be deemed or construed to be a waiver of any other tern or condition or subsequent waiver of the same term or condition. 22.14 V ENUE . THE PARTIES AGREE THAT THIS AGREEMENT IS PERFORMABLE IN TARRA1tiT COUNTY, TEXAS AND THAT THE COURT'S OF TARRANT COUNTY ARE A PROPER FORUM FOR THE DETERMINATION OF ANY DISPUTE ARISING UNDER THIS AGREEMENT. 22.11 Construction. As used in this Agreement, the term "including" means "including without limitation," the words "shall" and "will" are mandatory and the word "may" is permissive, and the term "days" means calendar days, not business days. Wherever required by the context, the singular shall include the plural, and the plural shall include the singular. 22.12 Severabilitv. If any term or provision in this Agreement is held to be invalid or unenforceable by any legislative act or court of competent jurisdiction, and the extent of such invalidity or unenforceability does not cause substantial deviation from the underlying intent of the parties as expressed in this Agreement, then such invalid or unenforceable provision shall be Agreement for Water Service 26 deemed severed from this Agreement without invalidating the remainder of this Agreement, and a new provision shall he deemed substituted in lieu of the provision severed, which new provision shall, to the extent possible, accomplish the intent of the parties as evidenced by the provision severed, and without affecting any other term or provision in this Agreement. 22.13 Use of Return Water. Customer agrees that Fort Worth has the right to own and to use or sell any Return Water. Customer will not seek or receive any compensation, credit, or offset from Fort Worth for making the Return Water available to Fort Worth through discharges into Fort Worth's wastewater collection and treatment system(s), and agrees that it will not provide water service under any ordinance or agreement that conflicts with Fort Worth's rights under this § 22.13. 22.14 Svstern Reaulatory Actions. Customer agrees, upon the request of Fort Worth, to give reasonable consideration to supporting Fort Worth, and shall not oppose Fort Worth, on any permit applications or governmental approvals related to the Fort Worth System, 22.15 Additional Contract Terms. Additional contract terms that apply to the Customer, but not Dort Worth's other wholesale customers, arc contained in Exhibit F "Additional Terms." 22.16 Exhibits. All exhibits attached to this Agreement are incorporated into this Agreement by reference, for all intents and purposes of this Agreement, as folIow•s: Exhibit A Customer Service Area and mutually agreed point(s) of delivery on the Effective Date. Exhibit B Stand -by Charge (Example Calculation) Exhibit C Example of the Annual Bill Calculation Exhibit D Calculation of PILOT and Cost of Service Revenue Requirement to Recover the Cost of Pilot Exhibit E Map of Existing Connections Outside Customer's Service Area [if any]. Exhibit F Additional 'Perms [if any] [THIS SPACE INTENTIONALLY BLANK] Agreement for Water Service 27 IN TESTIMONY' WHEREOF, after proper action by the respective governing bodies of the Parties, this Agreement has heen executed in quadruplicate copies, each of which is considered to be an original. ATTEST: CITY OF FORT WORTH By: City Sceretary, City of Fort Worth Assistant City Manager City of Fort Worth APPROVED AS TO FORM AND LEGALITY: City Attorney, City of Fort Worth ,Date: rEwuNZ IV-111 XQi•ILSIo► 1 Director City- of Fort Worth Water Department ATTEST: Secretary APPROVED AS TO FORM AND LEGALITY: Attorney Date: R�u:1�,7�L�Ii�u�fT1�l► s ■ . Print Name: Title: CUSTOMER M Agreement for Water Service 28 Fa>t:1; f03 "T SECTION 7.1.3 Stand -ley Charge Example Calculation 11 Stand-bv Charge Calculation Innuts: • 10 inch meter = 210 EMs • 1 EM = 20 Gal per Minute X 60 Minutes per Hour X 24 Hours per Day or 28,800 Gallons per Day Does not include Cost of Raw Water 3 -Year Average Treatment, Pumping and Transmission Charge ($11,400 Gals) Calculation: FY05 FY06 FY07 $0.5398 $0.6829 $0.6291 Three Year Average SaEM 2) Stand -bv Charge Calculatiou: Monthly Standby Charge = 28,800 Gallons per Day X 210 EM X $0.6173 per 1,000 Gallons or $3,733 per Month. Annual Standby Charge = 12 Months X $3,733 per Month or $44,801. aIRN0. `draIL•�T.Ift The Minimum Standby Charge is based on the maximum amount of water a connection could draw in a 24 -hour period. The calculation assumes that any usage would be temporary and of an emergency basis. The calculation is also based on the number and size of each connection. The Transmission Charge is the 3 -year average for that charge as calculated in the most recent independent cost-of-service study. Reserved Capacity is defined as the maximum amount of water a connection could draw in a 24 -hour period. "Equivalent Meters" or "EM" is a means of relating a large -use customer with a base (residential) use customer. Fort Worth uses 5!8 x 314 inch meter capacity as an EM. The ratio of larger meter's capacity to the 5i8 x 314 inch meter capacity is the number of EMs for each meter. The ratios can be found in the AW'WA Standard C700 -02. 1 EM delivers 20 Gallons per Minute. 1 EM delivers 28,800 Gallons per Day (20 GPM * 60 Nfinutes/Hour * 24 Hours/Day). Maximum Reserved Emergency Usage equals EM * 293900 EXHMIT C SECTION 7.4 `total Annual, Monthly and Rate of [;'se Example Calculations The calculations shown below assume a customer drawing water from one metering station. The volumes, peaks, rates and charges in this Exhibit C are for demonstration purposes only and are not based on adopted rates or on actual usage for the Customer. The annual Volume hate is charged as a rate per 1,000 gallons. The Annual Payment also includes the monthly service charge. I of 4 Volume Rate of Month Gallons Rate 'Volume Service Use Total $11,000 Charges Charges Charges* Gallons Oct 1,000,000 $1.43 $1,430 $25 $2,209 $3,664 Nov 1,000,000 $1.43 $1,430 $25 $2,209 $3,664 Dee 1,000,0170 S1.43 $1,430 $25 $2,209 $3,664 Jan 1,000,000 $1.43 $1,430 $25 $1209 $3,664 Feb 1,000,000 $1.43 $1,430 $25 $2,209 53,664 Mar 2,000,000 $1.43 52,860 $25 $2,209 $5,094 Apr 3,000,600 $1.43 $4,290 $25 $2,209 $6,524 May 3,000,0110 $1.43 54,290 $25 $2,269 $6,524 Jun 3,000,040 $1.43 $4,290 $25 $2,209 $6,524 Jul 3,000,000 51.43 $4,290 $25 $2,209 $6,524 Aug 4,000,040 51.43 $5,720 $25 $2,209 $7,954 23,004,000 $32,890 $275 $24,299 557,464 Sep 3,000,000 $1.43 $4,290 $25 $7,021 $11,336 26,000,000 $37,180 $300 $31,320 $68,800 * Example calculation for Rate of Use Charges is on Page 2 of 4. I of 4 EXHIBIT C SECTION 7.4 Total Annual Payment Example Calculation (con't) Example Calculation for monthly Rate of Use Charges Gallons Average Daily Use for the prior year 60,000 Maximum Day Demand for the Prior year 175,000 Maximum Hour Demand for the prior year 480,004 (converted to gallons per day) Maximum Day Demand above Average Daily Use (Max Day - Avg Day) 115,000 Maximum Hour Demand above Maximum Day Demand (Max Hour - Max Day) 305,000 Monthly Excess Maximum Day and Excess Maximum Hour Payment Calculation: Excess Max MGD Charges/MGD* Total Max Day Above Avg Day 0.115 5135,000 $15,525 Max Hour Above Max Day 0.305 $36,000 $10,980 $26,505 Monthly Rate of Use Charge Payment (Total Divided by 12) $2,204 *The Excess Max Charges/MGD are the Excess Max Day Charge and the Excess Max Hour Charge, each in $/MGD, taken from the current Fiscal Year annual cast -of- service rate study As shown, the monthly Rate of Use Charges are calculated using the prior year's Average Daily Use, Maximum Day Demand and Maximum Hour Demand, times the current Fiscal Year Excess Max Charges/MGD. The final Annual Payment required by Article 7 is calculated using the current Fiscal Year Average Daily Use, and the Maximum Day Demand and Maximum Hour Demand for the current Fiscal Year or for the average of the most recent three (3) Fiscal Years, whichever is greater (as provided in § 7.1 and shown in the following Examples 1 and 2), times the current Fiscal Year Excess Max Charges/MGD. 2 of EXHIBIT C SECTION 7.4 Total Annual Payment Example Calculation (can't) Example 1— Current year exceeds the average of the most recent three Fiscal Years Fiscal Year Average of Most Recent Three Years Gallons Average Daily Use for the year 71,233 Maximum Day Demand for the current year 215,000 Maximum Hour Demand for the current year 545,000 (converted to gallons per day) (MG) Maximum. Day Demand above Average Daily Use 143,767 Maximum Hour Demand above Maximum Day Demand 330,000 Fiscal Year Average of Most Recent Three Years 3 of 4 Current FY FY Average FY 2008 2007 Max Day Above Avg Day (MG) 129,178 143,767 115,000 128,765 Max Hour Above Max Day (MG) 318,333 330,000 305,000 320,000 .Annual Payment Calculation Volume Rate Gallons $11,000 Gallons Total 26,040,000 x $1.43 = $37,180 Servicc Charge Months $25 x 12 — $300 Max Day Above Excess Max Avg Day (MGD) Charges/MGD 0.144 x $135,000 — $19,440 Max Hour Above Max Dav Excess Max (MGD) ChargesfMGD 0.330 x $36,000 $11,880 Total Annual Payment Due $68,800 Previous Billings for October through August Usage $57,464 October Billing for September Usage $11,336 3 of 4 EXHIBIT C SECTION 7.4 Total Annual Payment Example Calculation (can't) Example 2 — The average of the most recent three Fiscal Years exceeds Current year 4 of 4 Gallons Average Daily Use for the year 71,233 Maximum Day Demand for the current year 190,000 Maximum Hour Demand for the current year (converted to gallons per day) 500,000 Maximum Day Demand above Average Daily Use 118,767 Maximum Hour Demand above Maximum Day Demand 310,000 Fiscal Year Average of Most Recent Three Years CURRENT FY FY Average FY 2008 2007 Max Day Above Avg Day (MG) 120,844 118,767 115,040 128,766 Max Hour Above Max Day (MG) 311,667 310,000 305,000 320,000 Annual Payment Calculation Volume Rate Gallons $11,000 Gallons Total 26,000,000 x $1.43 = $37,180 Service Charge Months $25 x 12 = $300 Max Day Above Avg Day Excess Max (MOD) Charges/MGD 0.121 x 5135,000 = $16,335 Max Hour Above Max Excess Max Day (MGD) Charges/MGD 0.312 x $36,400 = $11,232 Total Annual Payment Due $65,047 Previous Billings for October through August Usage $57,464 October Billing for September Usage $7,583 4 of 4 EXHIBIT D Calculation of PILOT and Cost of Service Revenue Requirement to Recover the Utility's Cost of PILOT DESCRIPTION A payment in lieu of taxes ( "PILOT ") assessed against the Water Operating Fund is an annual assessment to offset the ad valorem taxes lost, due to the non - profit status of the Water System. The Water Operating Fund pays the amount of the assessment into the General Fund. PILOT assessed against the Water Operating Fund is calculated by applying the most recently adopted property tax rate per $100 assessed value to the net book value of the applicable assets. These assets are limited to the assets classified as Plant and Property (in the specific NARUC accounts listed on the next page), and do not include Transmission Mains, Connections, Collection Structures and Meters. The PILOT is a component of the Water Operating Fund Cost of Service. The Cost of Service Revenue Requirement that is necessary to recover PILOT is allocated between Retail and Wholesale customer classes according to the volume usage in the most recently completed fiscal year, prorated between the two customer classes. The Wholesale Cost of Service component of PILOT is then allocated amongst the wholesale customers according to each wholesale customer's percentage of the wholesale customer class's volume usage in the most in the most recently completed fiscal year. EXAMPLE The following example further explains the calculation of the City's PILOT, the related revenue requirement, and its recovery through rates. The methodology applied in this example will remain in effect for the life of the Agreement; however, the specific dollar figures, volumes and other numerical values used in the following example will be updated from the sources identified below for each fiscal year that the contract is in effect. lal � r il'iI1] ;!�' /_►I ll�l �I�ll!� /C 111�1G�Y�� SCI] �� � � 1�1� I�:�.'�� �F."3.'�u 1 ��11 PILOT assessed against the Water Operating Fund is calculated by applying the most recently adopted property tax rate per $100 assessed value to the net book value of the applicable assets, calculated as: Historical Cost of Water System Assets at most recent audited year end; LESS Historical Cost of Non -Plant and Non - Property Water System assets defined by NiARUC (National Association of Regulatory Utility Commissioners) codes: 316 Raw Water Conduit and Valves 343 Transmission Mains 345 Service Connections 346 Meters 347 Meter Installation 348 Hydrant 372 Structures & Improvements f Collection (If any of these account codes are amended, the equivalent code will be substituted.) LESS Accumulated Depreciation on Plant and Property at most recent audited year end; PLUS Construction Work in Progress, on Plant and Property at most recent audited year end; Example calculation: NET BOOK VALUE CALCULATION (Dollar figures from most recent Cast of Service Study.) LESS Historical Cost Total of Non -Plant LESS PLUS Historical and Non- Life -to -Date Construction EQUALS NET Cost of Water Property Accumulated 'Work In BOOK System Assets Depreciation Progress VALUE $982,385,273 ($655,261,618) ($105,793,316) $26,990,180 $248,320,519 (Dollar figures from most recent Cast of Service Study.) NET BOOK VALUE ALLOCATION BETWEEN RETAIL AND WHOLESALE The Cost of Service Revenue Requirement necessary to recover PILOT is allocated between Retail and Wholesale customer classes according to the volume usage in the most recently completed fiscal year, prorated between the two customer classes. Example Retail/Wholesale allocation calculation: Total Annual Volume (MG) Wholesale Volume (MG) Wholesale Allocation Retail Allocation Volume (MG) 66,917 21,639 32.34% 67.66% (Dollar figures and percentages from most recent Cost of Service Study,) Total Net Book Value Base $248,320,519 Wholesale Net Book Value Base $80,299,602 CALCULATION OF WHOLESALE REVENUE REQUIREMENT (PILOT COST OF SERVICE COMPONENT) FY 2010 Tax Rate per $100 Value $0.8550 Total PILOT Cost of Service $2,123,140 Wholesale Allocation 32,34% Wholesale PILOT Cost of Service $6$6,562 EXMHrr A SERVICE AREA AND POINTS OF CANN EC HON Customer Meter 10 North Richland Bills North Richland Hilts #1 North Richland Hills #2 North Richland Hills #3 EXHIBIT A CUSTOMER METERS Address 7700 Airport Fwy 5100 Western Center Blvd. 4145 Stanley - Keller Rd Meter Size Pressure In_ Plane Comment 16 ES2 nia 16 ES2 ride 10 E32 ilia Primary Standby North Richland Hills Total FORTW RT Wholesale Customer Meters For W , North Richland HMIs .S� C rt t s! ., ° k W. k,, C - � y 7. if r �3 � y . �J f • }� � �� 'fir p33 Y ; A .w 1 � ' s • jr may[ i � , ! � !�`, 1 S1 .y� PY re .. �. • *.�. FU fN9 i FM InQ t SOWER h� Y p no `} W 121 : f . : ,. 24 AV RicMand G A��.dEAM 11 121 8CE iEW F7FfLIME f 7 j' 4 _- % ','^t '�l �• i. +:' ('. LONG ^} ®9R4FDY191Y 7D� .. �' .. ".' ;�:H. .. :Y � } . � �'' .`� + } • r# �.a r'. J� � � ,:�('.'. rR : AROWAY �ry Y y � •� � T, ~ fR1 •Y . •..9 �� -r d } � ~ r NA, # .. r, t •'AMOpf. ` ~ J14 . rt r. r I a) ki r� x„109 KRIM �sswn°° rxw"t"K N ru x Hil: � rod �PPY� Ida � ro l w *W WAY , MrV7Y lair j iw a FoR�cWo�� Wholesale Customer Meters Far WAM North . t Richland Hills m 1�vw.mokw s ij it C! Ta �i i_ .1 Af.WiSRY E ATAU or i AND IfSAY IZ h FORT+ WORT Wholesale Customer Meters For wATUt North Richland Hills Wholesale Customer Meters For WAM North Richland !-sills Legend �_ w�FrmKraF d # AOCeM CAy L _.. s CFW City Limit pow p 4 teii j errs �rgrnai SaliloY y.a "Y ! A► '_ diarAr" nr yr IrticvE� ►� r:. gg .YV.y4++a:,� rs+a�a 1 F nr++tir ,sm,�rciFr�x�pi• "_ !! aaa f�alYw1 �.: sAYY wFfAFii � - _art>r.Yw A ' / € wFwrr 4 - 3i. wicao ;per, MORrAMW ;. �I Mw Y; hKAW WrAFY' F '., A 1�'fe'Si'laFf W1WNF (� 1 � } /wew 4F R' y* a1il ' A� 5 �$j 4 I ippoo p . . Ai1gLXMi � � . ~• � K:d r w�u+v d1 �� `e+wFS � rws wFTiFFi+thl! � waoAp ° wa � .wt,w� rne.u.F � � ' M'N`.. , iw�r4 j ,rrn [ d eoo� +u► a F a or. Nut wS r 11 1 � 1 .�, a �� $ r a.rA ■{ � . "� � � i w.ran a"r iv.rr EXMHIT E Map of Existing Connections Outside Customers Service Area 39 Wholesale Customer M � � stars For WAM Watauga Y a '. `"""• Legend '' ?, _ �. ►rLi... cv.... _ w..r..u.. i Indtred Cuakomer C4 PiD R M!" IlRP ;YIY ' 4p11p. ,. i:�' }f 4Aifect custor1w Cky CFW Uy Limit NAM rrsaPr� i° " D '�D vurr�nv 3 ;y o.r wLwt fir �.aiawi sul - °'ke ewsn.Pn,r S g9 NOW" i rro :: RMrYPMI rorww' w awu" ,ww S � r .. t k S�[ l S rEM ]]rr. � 1rRnI�YIY .►y PAP clHifal✓ € � MNP r � Pr � . A J�� PaAM .o., a, • - . aa.Dw ' . ' $ ,� 'Seer, 5 `a""o �`P71M... ncPIP ant ,�.... . M. w P 1 'a ++u►� .mow .wM rwap - "`�` w > rLm.0 a.woLr ey dpi .rr `_ _ f it CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 8 -9 -2010 Presented by: Gregory Van Nieuwenhuize Agenda No. E.3 Subject: PW 2010 -025 Award of Project RFB No. 10 -041 to J & T Excavating, LLC in the Amount of $1,109,257.10 for the Construction of the Douglas Lane Street and Utility Improvements Project (ST0801) from Hightower Drive to Starnes Road Summarv: The City Council is being asked to award a construction contract for the CIP Project identified as "Douglas Lane Street and Utility Improvements Project (Hightower Drive to Starnes Road)" in the Capital Projects Budget. General Description: On July 15, 2010, a bid opening was conducted for the Douglas Lane Street and Utility Improvements Project. This project will consist of widening approximately 2,700 linear feet of the roadway from the existing 18 -foot wide asphalt street to a 40 -foot wide concrete collector street in compliance with the City's 'Master Thoroughfare Plan. The existing bar ditch drainage system will be replaced with an underground drainage system in compliance with current city criteria. In addition, the existing 16" diameter water main will be replaced and sidewalks will be constructed on both sides of the street. Notice of the City's intent to bid was advertised in local newspapers, as required by State statute, and posted on the City's website. Bid specifications were viewed on the City's website by eighteen (18) different entities, with sixteen (16) contractors purchasing plan sets. The project received seven (7) bids, which were opened during the July 15 Bid Opening. The project was set up with a Total Base Bid and two (2) Alternate Bids. Alternate #1 was for the construction of temporary asphalt pavement within the Douglas Lane Right -of -Way (ROW) to accommodate one direction of traffic. Alternate #2 is similar to Alternate #1, except the temporary asphalt pavement would be constructed wider to accommodate bi- directional traffic. The bids are provided below: CONTRACTOR NAME BASE BID ALTERNATE #1 ALTERNATE #2 J &T Excavating $1,017,995.10 $52,198.00 $91,262.00 JLB Contracting $1,027,447.61 $55,571.00 $89,175.20 Stabile & Winn $1,029,404.30 $59,941.50 $104,034.00 McClendon Construction $1,089,345.80 $57,589.00 $91,366.00 Jackson Construction $1,113,510.85 $79,152.00 $120,100.00 RKM Utility Services $1,119,427.15 $56,475.00 $106,600.00 Tiseo Paving Company $1,171,668.19 $81,770.00 $140,756.00 The low bidder, J &T Excavating, LLC, has not performed any work for the City of North Richland Hills in the past and the City recently awarded the Shady Grove Road Project to J &T Excavating ($840,828.50 construction contract). Because staff already had J &T Excavating's financial statements, additional references were sought out and contacted. Again, the references were all positive and no one who was contacted had anything negative to state about J& T Excavating. Further, all individuals contacted stated that they would not only recommend that others hire J &T Excavating, but that they would hire them again as well. J &T Excavating has been in business for eight (8) years. While they perform both public and private sector work, they have done primarily municipal work for the last two (2) years. The design engineer recommends awarding the contract to the lowest bidder, J &T Excavating, LLC. Additionally, because of two (2) schools on the north end of the project at Starnes Road, the corresponding traffic that is generated by these schools, and the inconvenience that the construction will be to the project's adjoining property owners, staff believes it would be appropriate to award this project with Alternate #2 instead of Alternate #1. Alternate #2 is an increase over Alternate #1 by $39,084; however, providing for two -way traffic during construction should drastically reduce the inconvenience that is associated with construction for both the adjoining property owners and those individuals accessing the two (2) schools. Construction of this project will occur during the current fiscal year and next fiscal year. The current (FY 200912010) Capital Projects Budget indicates that there is sufficient construction funding for this project in this fiscal year and the following fiscal year. Recommendation: Award of Project RFB No. 10 -041 to J & T Excavating, LLC in the Amount of $1,109,257.10 (Base Bid and Alternate #2) for the Construction of the Douglas Lane Street and Utility Improvements Project (ST0801) from Hightower Drive to Starnes Road and authorize the City Manager to execute such agreement. y -ew- J HIGHTOWER DR V) M Z y 3� bn- -, r wna�cr— �Z WEADIM oacw©oocr Douglas Ln Street & Utility Improvements (Hightower Dr to Starnes Rd) N w F NORTH RICHLAND HILLS Project Locator Map AKMK IEl�9R F ����� I �lMR1MCrwtCMp HAP'MAN RD I " Douglas Ln "' 1 Street & Uti I ity x Imp'olvements hC�Fh =r Tv -- ! (Hightower to Starnes Rd) T xr ZYk I . yhsrrecst . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council 'Meeting Date: 8 -9-2010 Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 8 -9-2010 Presented by: Mark Mills Agenda No. F.1 Subject: GIN 2010 -057 Setting Date for Public Hearings for 2010 -2011 City Budget, Parks and Recreation Facilities Development Corporation and Crime Control and Prevention District' Budgets Summarv: The City Council is asked to set the public hearing dates for the proposed annual FY 2010/2011 City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation, and the Crime Control and Prevention District. General Descrir)tion: The City Council is asked to set the dates for the upcoming public hearings. Each hearing is planned for August 23, 2010 beginning at 6:15 p.m. for the Park and Recreation Facilities Development Corporation and 6:30 p.m. for the Crime Control and Prevention District. The hearing for the proposed annual City Budget will be conducted as part of the regular City Council meeting, beginning at 7:00 p.m. on August 23, 2010. In addition to setting these dates in a public meeting, a published notice will be required for each public hearing per the City Charter and State law. A copy of the each notice accompanies this coversheet. In compliance with State law, the proposed annual budget has been made available on the City website at www.nrhtx.com. The proposed budget is also available at the City Secretary's Office and at the North Richland Hills Public Library. Recommendation: Set the date for the public hearings on the Park and Recreation Facilities Development Corporation at 6:15 p.m., the Crime Control and Prevention District at 6:30 p.m. and the annual City Budget at 7:00 p.m. on August 23, 2010. NOTICE OF PUBLIC HEARING ON PROJECTS TO BE UNDERTAKEN BY NORTH RICHLAND HILLS PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of Directors of the North Richland Hills Park and Recreation Facilities Development Corporation during a meeting to be held at £:15 p.m. on August 23, 2010 at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas, on the Corporation funding and undertaking of projects (including, but not limited to, future land acquisition, public right of way and infrastructure improvements, the construction of baseball and softball fields, construction or renovation of neighborhood and community parks, construction or renovation of dog /animal parks, playground equipment, public art, tree planting and other landscape improvements, senior citizen centers, building of hike and bike trails, park security improvements, update of the park system master plan, the operations of the tennis center, the expenditure of funds to pay operating costs of City owned projects undertaken by the Corporation, and economic and business development). A more detailed description of the projects to be undertaken by the Corporation covered by this notice is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. It is also available at the City of North Richland Hills Public Library, Monday through Saturday and online at www.nrhtx.com. NOTICE OF PUBLIC HEARING ON 2010-2011 PROPOSED ANNUAL BUDGET NORTH RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of Directors of the North Richland Hills Crime Control and Prevention District on the 2010- 20111 proposed annual budget during the meeting to be held at 6:30 p.m. on August 23, 2010 at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas. The proposed budget is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. It is also available for review at the City of North Richland Hills Public Library, Monday through Saturday and online at www.nrhtx.com. NOTICE OF PUBLIC HEARING 2010 -2011 PROPOSED ANNUAL BUDGET NOTICE IS HEREBY GIVEN to all interested citizens in the City of North Richland Hills, that the City Council will hold a public hearing on the 2010 -2011 proposed annual budget on Monday, August 23, 2010 during the regular 7:00 p.m. City Council meeting at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas. The proposed budget is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. The proposed budget is also available at the City of North Richland Hills Public Library, Monday through Saturday and online at www.nrhtx.com. CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 8 -9 -20101 Presented by: Mark Mills Agenda No. F.2 Subject: GN 20110 -058 Setting the Date for the Tax Rate Public Hearing and Vote on Placing the Tax Rate Adoption on the Agenda of the September 13, 2010 Council Meeting Summarv: Council is requested to set the date for a public hearing on the proposed tax rate of 57¢ per $100 of taxable valuation as August 23, 2010 and to vote to place the adoption of this tax rate on the September 13, 2010 Council Regular Agenda. General Description: In follow up to the FY 2010/2011 Budget Work Session, it is necessary to begin the process to establish a tax rate for the next fiscal year, in accordance with the City Charter and State law. At the Budget Work Session, staff proposed a tax rate of 57¢ per $100 of taxable valuation, which is the same tax rate as the current year. If approved, this will be the 18 consecutive year the tax rate has been 57¢. Per Section 26.O5(d) of the Tax Code, Council can not adopt a tax rate that exceeds the lower of the rollback tax rate or the effective tax rate until two public hearings have been held on that tax rate. The City of North Richland Hills' proposed tax rate of 57¢ is below the effective tax rate of 60.3323¢ and the rollback rate of 58.6456¢. In addition, the City of North Richland Hills will raise less total property taxes than last year's budget. As a result, the City of North Richland Hills is not required to conduct two public hearings prior to the adoption of the tax rate. While State law does not require the City to conduct these public hearings, the City of North Richland Hills will hold a single tax rate public hearing, similar to last year, on August 23, 2010 during the regular City Council meeting. In addition, State law requires that the City Council vote to place the adoption of the tax rate on a future Council Agenda as an action item. The date for this vote is currently planned for September 13, 2010. The vote would appear as an action item on the agenda for the regular City Council meeting. Recommendation: That a vote be taken to set August 23, 2010 as the date for a public hearing on the proposed tax rate of 57¢ per $100 of taxable valuation and to place the adoption of this tax rate on the September 13, 2010 Council Agenda. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council 'Meeting Date: 8 -9-2010 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council 'Meeting Date: 8 -9-2010 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 Managers' Office Council Meeting Date: August 9, 2010 Presented by: Jared Miller Agenda No. B.1 Subject: Consider Approval of an Oil and Gas Lease for approximately 143.34 acres of City property at Linda Spurlock Park, Fossil Creek Park, Green Valley Park, Iron Horse Golf Course, the City Service Center, and various other tracts. Summary The City has received an offer from Chesapeake Energy to lease minerals under Linda Spurlock Park (14.47 acres), Fossil Creek Park (22.85 acres), Green Valley Park (30.25 acres), Iron Horse Golf Course (55.42 acres), the City Service Center (17.22 acres), and various other tracts (3.13 acres) for a bonus of $5,000 per acre with a three year lease term and 25% royalties. The City would receive a bonus of $716,700. General Description Over the past several years, the Barnett Shale natural gas field has become one of the busiest natural gas fields in the country with drilling and production activity occurring all over North Central Texas. The City of North Richland Hills passed a gas drilling regulatory ordinance to ensure the public safety and minimize the impact of drilling and production activities on the City's residents and the environment. The City has received an offer from Chesapeake Energy to lease approximately 143.34 acres of minerals under Linda Spurlock Park (14.47 acres), Fossil Creek Park (22.85 acres), Green Valley Park (30.25 acres), Iron Horse Golf Course (55.42 acres), the City Service Center (17.22 acres), and various other tracts (3.13 acres) for a bonus of $5,000 per acre with a three year lease term and 25% royalties. The City would receive a lease bonus of $716,700. While the "per acre bonus" is much lower than the $20,000 - $22,000 bonuses received in the spring and summer of 2008, it is higher than most offers tendered in the past 18 months. A public hearing is required for all new leasing in dedicated public parks. A public hearing was held for Linda Spurlock Park, Fossil Creek Park, and Green Valley Park on March 27, 2006. Recommendation To authorize the City Manager to execute an Oil and Gas Lease for approximately 143.34 acres of City property at Linda Spurlock Park, Fossil Creek Park, Green Valley Park, Iron Horse Golf Course, the City Service Center, and various other tracts. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -9-2010 Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -9 -2010 Presented by: Councilman Tim Welch Agenda No. H.1 Subject: announcements - Councilman Welch Announcements The City of North Richland Hills will display its 5 th annual Artists at Work employee art exhibit August 19 through August 27 at the North Richland Hills Public Library. Stop by to view artwork by our talented City employees. For more details, please call 817- 427 -6620. The NRH Police Department is accepting applications for the next session of the Citizens Police Academy. The CPA begins August 26 and meets each Thursday for 12 consecutive weeks. For an application or more information, please call 817-427 - 7040 or log on to www.nrhtx.com. The City reminds residents that outdoor watering is prohibited between 10 a.m. and 6 p.m., except when watering by hand or soaker hose. Irrigation systems should be set to operate in the early morning or late evening, when the sun and temperatures are less likely to cause evaporation. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Chris Turner, Public Works Department — An email was received from a resident thanking Chris for his excellent work. Chris not only repaired the broken street sign that the resident had reported, he also replaced a faded stop sign and removed graffiti from a street sign around the corner. The resident was very impressed and pleased with this response. Keep up the good work! CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -9-2010 Agenda No. H.2 Subject: Adjournment