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HomeMy WebLinkAboutCC 2010-08-23 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 23, 2010 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting 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 - The City Council may enter into closed Executive Session pursuant to Section 551.074, Texas Government Code - Personnel: deliberate the employment, evaluation, duties of public employees: City Attorney 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.0 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 20, 2010 at ,? a.m. As ista t City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. NRH City Council Agenda — August 23, 2010 Page 1 of 5 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, August 23, 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 - Councilman Whitson A.2 Pledge - Councilman Whitson A.3 Special Presentation(s) and Recognition(s) - Business Recognition for Exceptional Performance in Food Safety presented by Councilman Sapp A.4 Special Presentation(s) and Recognition(s) - Yard of the Month Awards presented by Councilman Lombard A.5 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.6 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. NRH City Council Agenda — August 23, 2010 Page 2 of 5 B.1 Approval of Minutes of August 9, 2010 City Council Meeting B.2 GN 2010 -059 Approval of Contract with Department of State Health Services for On -line Computer Services for Remote Vital Statistic Access B.3 PU 2010 -019 Award Bid No. 07 -1390 Annual Contract for Traffic Materials to Vulcan Signs, Allied Tube & Conduit, and Centerline Supply B.4 PW 2010 -030 Approve an Ordinance Amending Section 104 -31: "Public right -of -way use agreement requirements" of the North Richland Hills Code of Ordinances - Ordinance No. 3106 B.5 PW 2010 -031 Approve the Renewal of the Interlocal Agreement with Tarrant County for the Partial Funding of the Construction of the North Tarrant Parkway Project B.6 PW 2010 -032 Approve Ordinance 3107 Establishing a Municipal Setting Designation for a 1.599 Acre Tract of Land Known as a Portion of Lot 1 and Lot 2R, Block 1 of Five Star Ford Addition Within the City of North Richland Hills, Texas; Establishing a Penalty and Providing for Publication B.7 PW 2010 -033 Approve a Resolution in Support of the Application to the Texas Commission on Environmental Quality for a Municipal Setting Designation on a 1.599 acre site known as a Portion of Lot 1 and Lot 2R, Block 1 of Five Star Ford Addition — Resolution No. 2010 -025 B.8 GN 2010 -065 Approve Final Payment in the Amount of $27,227.50 to the Independent Audit Firm of Deloitte and Touche for the Fiscal Year 2009 Audit B.9 GN 2010 -066 For the Fiscal Year 2010 Audit Engagement, Approve an Amount Not to Exceed $126,000 for the Financial Audit, an Amount Not to Exceed $14,077 for the Single Audit, and an Amount Not to Exceed $6,000 for each Major Federal Grant Program Audit with the Independent Audit Firm of Deloitte and Touche C.0 PUBLIC HEARINGS C.1 GN 2010 -060 Conduct a Public Hearing on the Proposed 2010 -2011 Budgets C.2 GN 2010 -061 Conduct a Public Hearing on the Proposed Tax Rate D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS NRH City Council Agenda — August 23, 2010 Page 3 of 5 E.1 PW 2010 -027 Consider Endorsing the Education Campaign to Inform Texans of Transportation Needs and urging the 82nd Texas Legislature to enact revenue measures to fund Transportation Investment — Resolution No. 2010 -026 E.2 PW 2010 -028 Appointments of North Richland Hills Designated Representatives to the Fort Worth Wholesale Customer Advisory Committee for the 2010/2012 time period E.3 PW 2010 -029 Award of RFB No. 10 -040 to RKM Utility Services, Inc. in the Amount of $1,615,420.00 for the Construction of the Briarwood Estates Drainage Improvements Project (DR0901) F.0 GENERAL ITEMS F.1 GN 2010 -062 Amendment to License Agreement with Texas Midstream Gas Services Company for extension of time for installation of gas pipeline in Fossil Creek Park and Iron Horse Golf Course F.2 GN 2010 -063 License Agreements with Texas Midstream Gas Services Company for gas pipelines in Home Town Lakes Park, Walker's Creek Park, Dick Faram Park, Amundson Water Tower and Iron Horse Golf Course north of Loop 820 F.3 GN 2010 -064 Consider Appointments to the Economic Development Advisory Committee F.4 GN 2010 -042 Appointments to Boards & Commissions F.5 GN 2010 -043 Appointments to Park and Recreation Facilities Development Corporation - Places 1, 3, 5 and 7 F.6 GN 2010 -044 Appointments to Civil Service Commission - Places 1, 2, 4 and Ex Officios F.7 GN 2010 -045 Appointments to Red Light Camera Advisory Committee G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Turnage H.2 Adjournment All items on the agenda are for discussion and /or action. NRH City Council Agenda — August 23, 2010 Page 4 of 5 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 20, 2010 at a. m. s i 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 23, 2010 Page 5 of 5 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 23, 2010 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting 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 - The City Council may enter into closed Executive Session pursuant to Section 551.074, Texas Government Code - Personnel: deliberate the employment, evaluation, duties of public employees: City Attorney 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.0 Adjournment r'P , rFifir°afinn 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 20, 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 23, 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 - Councilman Whitson A.2 Pledge - Councilman Whitson A.3 Special Presentation(s) and Recognition(s) - Business Recognition for Exceptional Performance in Food Safety presented by Councilman Sapp A.4 Special Presentation(s) and Recognition(s) - Yard of the Month Awards presented by Councilman Lombard A.5 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.6 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of August 9, 2010 City Council Meeting B.2 GN 2016 -059 Approval of Contract with Department of State Health Services for On -line Computer Services for Remote Vital Statistic Access B.3 PU 2616 -619 Award Bid No. 07 -1396 Annual Contract for Traffic Materials to Vulcan Signs, Allied Tube & Conduit, and Centerline Supply BA PW 2010 -030 Approve an Ordinance Amending Section 164 -31: "Public right -of -way use agreement requirements" of the North Richland Hills Code of Ordinances - Ordinance No. 3106 B.5 PW 2010 -031 Approve the Renewal of the Interlocal Agreement with Tarrant County for the Partial Funding of the Construction of the North Tarrant Parkway Project B.6 PW 2616 -632 Approve Ordinance 3107 Establishing a Municipal Setting Designation for a 1.599 Acre Tract of Land Known as a Portion of Lot 1 and Lot 2R, Block 1 of Five Star Ford Addition Within the City of North Richland Hills, Texas; Establishing a Penalty and Providing for Publication B.7 PW 2016 -033 Approve a Resolution in Support of the Application to the Texas Commission on Environmental Quality for a Municipal Setting Designation on a 1.599 acre site known as a Portion of Lot 1 and Lot 2R, Block 1 of Five Star Ford Addition — Resolution No. 2010 -025 B.8 GN 2610 -665 Approve Final Payment in the Amount of $27,227.56 to the Independent Audit Firm of Deloitte and Touche for the Fiscal Year 2009 Audit B.9 GN 2610 -666 For the Fiscal Year 2010 Audit Engagement, Approve an Amount Not to Exceed $126,066 for the Financial Audit, an Amount Not to Exceed $14,077 for the Single Audit, and an Amount Not to Exceed $6,066 for each Major Federal Grant Program Audit with the Independent Audit Firm of Deloitte and Touche ras= 911 :1 1 Lem : I: F=1: V 10 [el C.1 GN 2616 -666 Conduct a Public Hearing on the Proposed 2010 -2011 Budgets C.2 GN 2616 -661 Conduct a Public Hearing on the Proposed Tax Rate D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2010 -027 Consider Endorsing the Education Campaign to Inform Texans of Transportation Needs and urging the 82nd Texas Legislature to enact revenue measures to fund Transportation Investment — Resolution No. 2010 -026 E.2 PW 2010 -028 Appointments of North Richland Hills Designated Representatives to the Fort Worth Wholesale Customer Advisory Committee for the 201012012 time period E.3 PW 2010 -029 Award of RFB No. 10 -040 to RKM Utility Services, Inc. in the Amount of $1,615,420.00 for the Construction of the Briarwood Estates Drainage Improvements Project (DR0901) F.0 GENERAL ITEMS F.1 GN 2010 -062 Amendment to License Agreement with Texas Midstream Gas Services Company for extension of time for installation of gas pipeline in Fossil Creek Park and Iron Horse Golf Course F.2 GN 2010 -063 License Agreements with Texas Midstream Gas Services Company for gas pipelines in Home Town Lakes Park, Walker's Creek Park, Dick Faram Park, Amundson Water Tower and Iron Horse Golf Course north of Loop 820 F.3 GN 2010 -064 Consider Appointments to the Economic Development Advisory Committee F.4 GN 2010 -042 Appointments to Boards & Commissions F.5 GN 2010 -043 Appointments to Park and Recreation Facilities Development Corporation - Places 1, 3, 5 and 7 F.6 GN 2010 -044 Appointments to Civil Service Commission - Places 1, 2, 4 and Ex Officios F.7 GN 2010 -045 Appointments to Red Light Camera Advisory Committee X11•0:Ix01111 : &-]X I1010111:111►If. G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Turnage 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 20, 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 76180 Monday, August 23, 2010 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting 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 - The City Council may enter into closed Executive Session pursuant to Section 551.074, Texas Government Code - Personnel: deliberate the employment, evaluation, duties of public employees: City Attorney B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Pendinq Litigation - 1 ] Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096 - 236530 -09); 2] Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067 - 241297 -09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09) C.0 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -23 -2010 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -23 -2010 Presented by: Agenda No. B.0 Subject: EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -23 -2010 Presented by: Agenda No. B.1 Subject: Executive Session - The City Council may enter into closed Executive Session pursuant to Section 551.074, Texas Government Code - Personnel: deliberate the employment, evaluation, duties of public employees: City Attorney CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -23 -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: City Secretary Presented by: Council Meeting Date: 8 -23 -2010 Agenda No. C.0 Subject: Adjournment City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, August 23, 2010 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Whitson A.2 Pledge - Councilman Whitson A.3 Special Presentation(s) and Recognition(s) - Business Recognition for Exceptional Performance in Food Safety presented by Mayor Pro Tern Sapp A.4 Special Presentation(s) and Recognition(s) - Yard of the Month Awards Presented by Councilman Lombard A.5 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.6 Removal of Item(s) from Consent 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 August 9, 2010 City Council Meeting B.2 GN 2010 -059 Approval of Contract with Department of State Health Services for On -line Computer Services for Remote Vital Statistic Access B.3 PU 2010 -019 Award Bid No. 07 -1390 Annual Contract for Traffic Materials to Vulcan Signs, Allied Tube & Conduit, and Centerline Supply B.4 PW 2010 -630 Approve an Ordinance Amendinq Section 104 -31: "Public right -of- way use agreement requirements" of the North Richland Hills Code of Ordinances - Ordinance No. 3106 B.5 PW 2016 -031 Approve the Renewal of the Interlocal Agreement with Tarrant County for the Partial Funding of the Construction of the North Tarrant Parkway Project B.6 PW 2010 -032 Approve Ordinance 3107 Establishing a Municipal Setting Designation for a 1.599 Acre Tract of Land Known as a Portion of Lot 1 and Lot 2R, Block 1 of Five Star Ford Addition Within the City of North Richland Hills, Texas, Establishinq a Penalty and Providinq for Publication B.7 PW 2010 -633 Approve a Resolution in Support of the Application to the Texas Commission on Environmental Quality for a Municipal Setting Designation on a 1.599 acre site known as a Portion of Lot 1 and Lot 2R, Block 1 of Five Star Ford Addition — Resolution No. 2010 -025 B.8 GN 2010 -065 Approve Final Payment in the Amount of $27,227.50 to the Independent Audit Firm of Deloitte and Touche for the Fiscal Year 2009 Audit : ' =e]'►�i►��ZGa�I:Y:�7•T�iiTa� 1\'M. W21y[11GRCIfi W, W TAT, 170 IT, Not to Exceed $126.066 for the Financial Audit, an Amount Not to Exceed $14,077 for the Single Audit, and an Amount Not to Exceed $6.066 for each Major Federal Grant Program Audit with the Independent Audit Firm of Deloitte and Tnuchp C.0 PUBLIC HEARINGS C.1 GN 2610 -660 Conduct a Public Hearing on the Proposed 2016 -2011 Budaets C.2 GN 2610 -661 Conduct a Public Hearing on the Proposed Tax Rate D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2010 -027 Consider Endorsing the Education Campaign to Inform Texans of Transportation Needs and urging the 82nd Texas Legislature to enact revenue measures to fund Transportation Investment — Resolution No. 2010 -026 E.2 PW 2010 -028 Appointments of North Richland Hills Designated Representatives to the Fort Worth Wholesale Customer Advisory Committee for the 2010/2012 time period E.3 PW 2010 -029 Award of RFB No. 10 -040 to RKM Utility Services, Inc. in the Amount of $1,615,420.00 for the Construction of the Briarwood Estates Drainage Improvements Project (DR0901) F.0 GENERAL ITEMS F.1 GN 2010 -062 Amendment to License Agreement with Texas Midstream Gas Services Company for extension of time for installation of gas pipeline in Fossil Creek Park and Iron Horse Golf Course F.2 GN 2010 -063 License Agreements with Texas Midstream Gas Services Company for gas pipelines in Home Town Lakes Park, Walker's Creek Park, Dic Faram Park, Amundson Water Tower and Iron Horse Golf Course north of Loop 820 F.3 GN 2010 -064 Consider Appointments to the Economic Development Advisory CnmmittPP F.4 GN 2010 -042 Appointments to Boards & Commissions F.5 GN 2010 -043 Appointments to Park and Recreation Facilities Development Corporation - Places 1, 3, 5 and 7 F.6 GN 2010 -044 Appointments to Civil Service Commission - Places 1, 2, 4 and Ex Officios F.7 GN 2010 -045 Appointments to Red Light Camera Advisory Committee G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Turnage H.2 Adjournment NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -23 -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 -23 -2010 Presented by: Councilman David Whitson Agenda No. A.1 Subject: Invocation - Councilman Whitson NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -23 -2010 Presented by: Councilman David Whitson Agenda No. A.2 Subject: Pledge - Councilman Whitson CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Presented by: Stephanie East Council Meeting Date: 8 -23 -2010 Agenda No. A.3 Subject: Special Presentation(s) and Recognition(s) - Business Recognition for Exceptional Performance in Food Safety presented by Councilman Sapp In January 2010, the Consumer Health Division implemented a new incentive program to recognize food establishments for their strong efforts in meeting state and local health code requirements. Each quarter, Consumer Health will present the operator of one or more local business with a certificate announcing Exceptional Performance in Food Safety in some area of food safety, sanitation and compliance with health regulations. The winners and area of exceptional performance for the second quarter of 2010 are as follows 1. Sam's Club, 6375 N.E. Loop 820 — Health Code Compliance 2. Chapp's, 9101 Boulevard 26 — Excellent Overall Sanitation 3. Mi Pueblo, 8412 Davis Blvd. - Excellent Overall Sanitation NORTH RICHLAND HILLS Department: Neighborhood Services Council Meeting Date: 8 -23 -2010 Presented by: Diane Spradling Agenda No. A.4 Subject: Special Presentation(s) and Recognition(s) - Yard of the Month Awards presented by Councilman Lombard AREA 1 Marsha Pendley, 6609 Tabor Street AREA 2 Donna Hardisty, 7317 Oakland Lane AREA 3 Mike Cullum, 6312 Torrey Pines AREA 4 Angela & Davis Tyson, 7554 Terry Drive AREA 5 Gary & Mary Ray, 6101 Cliffbrook Drive AREA 6 Trenton & Lydia Coqdill, 7109 Chimney Creek AREA 7 Steve & Susan Phillips, 8305 Thornhill Drive AREA 8 Ronald Crosby, 7745 Chasewood AREA 9 Richard & Betty Sickler, 8032 Kandy Lane Business Landscape Farmers Insurance — Brad Greene & Brian Crowson SmartScape Award Bill Holland, 8416 Bridge Street CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -23 -2010 Presented by: Agenda No. A.5 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -23 -2010 Agenda No. A.6 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -23 -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 -23 -2010 Presented by: Agenda No. B.1 Subject: Approval of Minutes of August 9, 2010 City Council Meeting Recommendation To approve the minutes of the August 9, 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 — AUGUST 9, 2010 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 9 th day of August, 2010 at 4:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Ken Sapp Mayor Pro Tem, Council, Place 2 John Lewis Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Jared Miller Assistant City Manager 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 Mark Mills Budget Director Chris Amarante Director of Facilities & Construction Eric Wilhite Chief Planner Brad Boganwright Public Works Management Assistant Absent: Scott Turnage Council, Place 6 C`.all to C)rrlar Mayor Trevino called the work session to order at 4:30 p.m. A.1 Discuss Items from Regular City Council Meetinq There were no questions from the Council. A.2 New Recreation Center Design and General Update A.3 Project Status Update and Review of the Development Plan for the Food Services Building and New Attraction at NRH20 Mayor Trevino advised that Items A.2 and A.3 would be discussed after Executive Session. 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) Mayor Trevino announced at 4:31 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 552.072 to deliberate the lease of City Property (mineral leases), 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). Adjournment of Executive Session & Recess Mayor Trevino adjourned Executive Session at 5:32 p.m., reconvened the open meeting and announced the work session was recessed for a five minute break. Back to Order Mayor Trevino called the work session back to order at 5:37 p.m. with the following members present: Council: Oscar Trevino Mayor Ken Sapp Mayor Pro Tem, Council, Place 2 John Lewis Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Staff Members: Mark Hindman City Manager Jared Miller 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 Mark Mills Budget Director Larry Koonce Finance Director Chris Amarante Director of Facilities & Construction Gregory VanNieuwenhuize Assistant Public Works Director Eric Wilhite Chief Planner Brad Boganwright Public Works Management Assistant Sharon Davis Assistant Parks Director Bill Thornton Assistant Parks Director Joe Pack Capital Projects Superintendent Kristin Weegar Marketing & Research Coordinator Absent Scott Turnage Council, Place 6 Tim Welch Council, Place 7 A.2 New Recreation Center Design and General Update A PowerPoint presentation was presented to provide Council with a project status update on the new recreation center and the design revisions. Ms. Vickie Loftice, Managing Director, reviewed the floor plan highlighting the redesign of the banquet entry, locations of the facility amenities and fitness center spaces. Council concurred with the redesign of the floor plan. Mr. Bill Thornton, Assistant Parks Director, updated Council on the site plan and reviewed the Design Development Cost Evaluation. Mr. Thornton advised the Council would be considering during the regular meeting the City's request for a zoning change to Institutional. An application has been submitted for a Special Use Permit for an exception to the masonry requirement to allow the use of architectural panels. Mr. Thornton reviewed the materials planned for the building exterior — glass, masonry and architectural panels. Mr. DeWayne Brinkley, Brinkley Sargent Architects highlighted the materials planned for the interior concepts. Council concurred with the direction Staff was proceeding in regards to amenities, architectural materials and material planned for the interior concepts. A.3 Project Status Update and Review of the Development Plan for the Food Services Building and New Attraction at NRH20 Mr. Joe Pack provided a project status update on the new attraction and food services building scheduled to open in the upcoming 2611 season. Mr. Pack reviewed the development plan. The food services building will be located in the south central area of the park and will replace the existing Hopper building. The new attraction will be located in the southwest area of the park. Mr. Pack highlighted the amenities of the new food service building and attraction. C.1 Municipal Setting Designation (MSD) Overview Mr. Mike Curtis, Managing Director, presented an overview of the process to obtain a Municipal Setting Designation (MSD) on property with groundwater contamination. In the near future Council will be asked to consider designating the property located at the corner of the Loop 820 Frontage Road and Rufe Snow Drive as a MSD. Mr. Curtis explained the process required of the property owner or developer to obtain a MSD designation. Previously NRH has been a city located within a five mile radius of a MSD and was only required to pass a resolution in support of the application. When the property is located within NRH, the City must give formal approval by ordinance in order for the applicant's application for the MSD to be approved by the Texas Commission on Environmental Quality. Specific details pertaining to the property will be presented when the ordinance is brought to Council for formal approval. C.2 Adjournment Mayor Trevino announced at 6:45 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 August 9, 2010 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Mayor Ken Sapp Mayor Pro Tem, Council, Place 2 John Lewis Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 F.118 I I Staff Mark Hindman Jared Miller Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney Scott Turnage Council, Place 6 Tim Welch Council, Place 7 A.1 INVOCATION Mayor Pro Tem Sapp gave the invocation. A.2 PLEDGE OF ALLEGIANCE Mayor Pro Tem Sapp led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) No items for this category. A.4 CITIZENS PRESENTATION k9= A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS ❑PPRnvPn B.1 APPROVAL OF MINUTES OF JULY 26, 20'10 CITY COUNCIL MEETING COUNCILMAN LE 1MS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN W HITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. 0114 lei :11- 11NIki C4_� CA 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 ❑PPPnvPn Mayor Trevino opened the public hearing and called for the applicant to come forward. Thomas Andrews, 6020 Parker Boulevard, NRH, came forward. Mr. Andrews stated that he was requesting a zoning change from AG to R -1 -S in order to construct a house on the property. He was available to answer any questions the Council might have. Eric Wilhite, Chief Planner, summarized the item. 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. The Planning & Zoning Commission recommended approval by a 4 -0 vote. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. MAYOR PRO TEM SAPP MOVED TO APPROVE ZC 2010 -03; O RDINANCE No. 3101. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. 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 -11" 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 ❑PPROVFn Mayor Trevino opened the public hearing and called for Bill Thornton, Assistant Director for Parks and Recreation to come forward. Mr. Thornton summarized the request. Recently, the City acquired property for the future site of the NRH Recreation Center. In order to move forward with the construction of the Recreation Center, the zoning of the property needs to be changed to the meet the use. Mr. Eric Wilhite, Chief Planner, presented the item. 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 I- 1 (light industrial) to U (institutional). As Council is aware the property was acquired by the City for development of the new Recreation Center. The Planning & Zoning Commission recommended approval by a 4 -0 vote. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN LOMBARD MOVED TO APPROVE ZC 2010 -04; ORDINANCE NO. 3102. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. PLANNING & DEVELOPMENT D.0 Items to follow do not require a public hearing. No items for this category. 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. 3143, 3104 & 3105 APPROVED Mr. Jimmy Cates, Public Works Operations Manager, summarized the item. 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" COUNCILMAN WHITSON MOVED TO APPROVE GN 2010 -056; ORDINANCE NOS. 3103, 3144 AND 3145. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. E.2 PW 2410 -426 APPROVE THE AGREEMENT FOR WATER SERVICE BETWEEN THE CITY OF FORT WORTH AND THE CITY OF NORTH RICHLAND HILLS (FORT WORTH WHOLESALE WATER CONTRACT) APPROVED Mr. Mike Curtis, Managing Director, presented the item. Council is being asked to approve the proposed Fort Worth Wholesale Water Contract for a duration of 20 years. The Fort Worth Wholesale Customer Water Contract will expire December 31, 2010. The contract is 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. There have been many changes during the past 20 years regarding water purchase and usage, the City of Fart Worth is not proposing a significant number of changes in the new contract. Most of the changes are formatting and terminology changes but 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). Staff recommends approval of the agreement for Water Service between the City of Fort Worth and the City of North Richland Hills (Fart Worth Wholesale Water Contract). MAYOR PRO TEM SAPP MOVED TO APPROVE PW 2010 -026. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. 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 ❑PPRnvPn 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 $1,109,257.10 for the CIP Project identified as "Douglas Lane Street and Utility Improvements Project (Hightower Drive to Starnes Road) ". The project consists of widening approximately 2,700 linear feet of roadway from the existing 18 -foot wide asphalt street to a 40 -foot wide concrete collector street. The existing bar ditch drainage system will be replaced with an underground drainage system. In addition, the existing 16" diameter water main will be replaced and sidewalks will be constructed on bath sides of the street. The project was set up with a Total Base Bid and two ( Alternate Bids. Alternate #1 was for the construction of temporary asphalt pavement within the Douglas Lane Right -of -Way 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 Staff is recommending the award of the base bid and Alternate #2 with the wider asphalt pavement to accommodate bi- directional traffic during construction. COUNCILMAN LOMBARD MOVED TO APPROVE PW 2014 -025; AWARD OF BASE BID AND ALTERNATE #2. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. ,C]=1hI =1ZIAq III d =1& &i 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 ❑PPRnvPn Mr. Mark Mills, Budget Director presented the item. It is necessary for City Council to set public hearings on the proposed annual 2010/2011 City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation, and the Crime Control and Prevention District budgets. A published notice will be required for each public hearing per the City Charter and State law. Each hearing is set for August 23, 2010 beginning at 6:15 p.m. for the Park and Recreation Facilities Development Corporation, 6:30 p.m. for the Crime Control and Prevention District, and 7:00 p.m. for the proposed annual City Budget. COUNCILMAN WHITSON MOVED TO APPROVE GN 2010 -057. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. 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 ❑PPPnvPn Mr. Mark Mills, Budget Director, presented the item. In follow up to the 2010 -2011 Budget Work Session, it is necessary to begin the notice and public hearing procedures to establish a tax rate for the next fiscal year in accordance with the City Charter and State law. At the Work Session, Council consensus was to set the tax rate at 57¢, 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 26.05 {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. COUNCILMAN LEWIS MOVED To APPROVE GN 2014 -058. COUNCILMAN LOMBARD SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 5 -4. 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 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 ❑PPRC]Vpn Mr. Jared Miller, Assistant City Manager, advised during Executive Session Council was advised of 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 term and 25% royalties. The City will receive a bonus of $716,700. COUNCILMAN LOMBARD MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AND 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. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -4 III,I*el 7 IT, 1- '%d Eel hFA011]N=1061A& H.1 ANNOUNCEMENTS Councilman Lombard made the following 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 - 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! H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:36 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 8 -23 -2010 Agenda No. B.2 Subject: GN 2010 -059 Approval of Contract with Department of State Health Services for On -line Computer Services for Remote Vital Statistic Access Summary Council is being asked to approve a contract with The Texas Department of State Health Services to access their database for the issuance of vital statistic certifications. General Description The Municipal Records Division of the City Secretary's Office registers birth and death records and issues certifications of vital records from the Texas Department of State Health Services' remote access computer system. The City previously entered into a two -year contract in 2008 with the State to access their computer system to issue the certifications of vital records. The State is requesting that we execute a new contract with them that will expire August 31, 2012. The new contract contains essentially the same provisions as the previous contract and the compensation for the use of their system remains the same with the City not incurring any additional expenses. Recommendation To approve GN 2010 -059 approving the contract with Texas Department of State Health Services for their on -line computer services for vital statistic records. DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2011- 036131 -001 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Performing Agency), an agency of the State of Texas, for DSHS Program Vital Statistics Unit and NORTH RICHLAND HILLS (Receiving Agency), a Government Entity, (collectively, the Parties), 1. Purpose of the Contract. Performing Agency agrees to provide and Receiving Agency agrees to purchase the services and/or goods as described in this Contract. 2. Total Amount of the Contract. The total amount of this Contract shall be determined by the_ number of birth certificates printed as a result of searches of the database. 3. Terra of the Contract. This Contract begins on 09/01/2010 and ends on 08/31/2012. The Parties are not responsible for performance under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 4. Authority. Performing Agency enters into this Contract under the authority of Health and Safety Code, Chapter 1001. If this is an interagency, contract authority is also granted through the Texas Government Code, Interagency Cooperation Act, Chapter 771 ct seq. if this contract is an interloeal, contract authority is also granted through the Texas Government Code, Interlocal Cooperation Act, Chapter 791 et seq. 5. D -,--u rents Forming 'Contract. The Contract consists of the following a. Core Contract (this document) b. Exhibits, if applicable Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by Performing Agency and Receiving Agency and incorporated herein through written amendment, This Contract may be modified within the Contract period by written amendment signed by both Parties. 6. Statement of Work. Performing Agency agrees to provide on -line computer services in support of Receiving Agency from 7:00 a.m. to 6.00 p.m. Monday thru Friday, except holidays. In the event of an emergency or computer application error, Performing Agency may temporarily suspend services without advance notice. 92648 -] Receiving Agency will search Performing Agency databases, locate data, and issue Certifications of Vital Records to authorized individuals requesting such data. The certifications will be in a format formally approved by Performing Agency. No limit will be established on the number of ,-Thee nth nt racnitinn ieensanrP of a rr #ifiratinn -rn A l A the . N, is per .... nth ..--. uft in, in i ssuance » ».. Y . ..» »... reasonable. Receiving Agency will acquire the necessary data processing equipment, communications, hardware or software, and purchase "bank note" paper, as specified by Performing Agency. Performing Agency will assist in connection of the equipment, furnish software program and provide technical assistance, if necessary. Receiving Agency acknowledges that records may not be located in the searching process instituted by Receiving Agency or records, which are located, may have errors due to: A) normal key -entry errors in spellings; B) accidental failure on the part of the Performing Agency to update a file C ... ..1 ..F......:...�t:...... .....] a..a a:a a::yaauaaacrat or pat. aa�it .a11...aa....�1� C) the event year does not exist on the system. Receiving Agency will notify Performing Agency in writing, at least monthly of errors or suspected errors that exist on the data base information. Receiving Agency is to maintain an inventory control and account for each document produced on "bank note" paper, including voided documents. Receiving Agency is responsible for maintaining a system of vital record keeping that is in accordance with Chapters 195 of the Health and Safety Code and the regulations adopted there under. •L_• .L .. C 11.. __.... 1. raVee. 1 ¢lc ralLiCS a Lila& Hie •uIJOW11ls FaycV la VLUJCI w P a y lll rendered by DSHS or goods provided under this Contract: Name: Department of State Health Services Address: 1100 West 49 Street Austin, Texas 78756 -3199 Vendor Identification Number: 35375375371000 8. Payment Method. Fee for Service 92648 -1 Receiving Agency agrees to reimburse Performing Agency $1.83 (one Dollar and 831100) for each Certification of V ital Record printed as a result of searches of the database. Receiving Agency agrees to charge the same base search fee for a birth certificate as Performing Agencv. A dditional fPP .0 mny nnh, ha rlin —orl a ­ 4h.,r.,.A 1... -P cxas rl .._a n_r -. -- b .. .. ..., « »»..,.,....0 uy a..nuo aa�auix aiiu OdlcLy l_Vde 191. 9. Sillin2 Instruction. Performing Agency will submit a monthly eternized billing showing the number of transactions by date to Receiving Agency and payment will be made no later than thirty (30) days following the billing date. Payment will be considered made on the date postmarked. 10. Confidentiality. Parties are required to comply with state and federal laws relating to the privacy and confidentiality of patient and client records that contain Protected Health Information (PHI), or other information or records made confidential by law. Receiving Agency will maintain sufficient safeguards to prevent release or disclosure of any information obtained hereunder to anyone other than Receiving Agency etnployee(s) or those who have an official need for the information and are authorized to receive such records. Receiving Agency further obta areeS records --A . as ..s:...a : . «.i_ .t.:.. _ ,,.,, »....,,., »..., _ , _ 3pa....,,,v.0 u„ucr uua wntra�:t, will lie Used for purposes as h set out and the use of these records or data for other purposes must be agreed to in writing by both parties. 11. Security of Patient or Client Records. Receiving Agency agrees that all data received from Performing Agency shall be treated as confidential, and ensure all information provided to outsourced entities remains confidential and utilized as specified in any pertinent written agreements. Data will not be used for any purpose other than that specifically set forth herein. Data will not be made available to any other individual or organization without proper consent. Data will be maintained to prevent unauthorized access and will not be used to track back to any individual or organization identified by the data. Receiving Agency agrees to implement all reasonable and necessary procedures to ensure that only authorized users will have access and will notify Performing Agency immediately should it detect a security violation by one of its employees or any other person. Receiving Agency is responsible for insuring that authorized s •sr. ^ .may c N +uyc11L ) us e i�uiy uAca owii individual passwords while logged into Performing Agency on -line computer applications. Performing Agency will inactivate any individual who does not use their account for ninety (90) days. Receiving Agency shall notify Performing Agency of all branch locations. 12. Sus ension of Services Linder This Contract. In the event of an emergency or computer overload, Performing Agency may temporarily suspend services without advance notice. This Contract may be immediately suspended upon reasonable suspicion by Performing Agency that the terms of this Contract have been violated. Performing Agency farther reserves the right to terminate this Contract if, after reasonable notice and investigation, it is concluded that a violation of this Contract has occurred. 13. Liability for Harm. It is expressly understood that Performing Agency makes no guarantee of »...... regu+u„ng t,,u units plV Vlu CU to RGl:G1V 711' Age[1Cy und this Contract. 92649 -] 14. Termination. This Contract maybe terminated by mutual agreement of both parties. Either party may terminate this Contract by giving 30 day's written notice of its intent to terminate. Written notice may be sent by any method, which provides verification of receipt, and the 30 days will be calculated from the date of receipt. This Contract may be terminated for cause by either party for breach or failure to perform an essential requirement of the Contract. Performing Agency reserves the right to limit or cancel access under this Contract should Performing Agency determine that is has insufficient capacity in its computer system to maintain current levels of transactions by Receivine A and/or that continued access by Receiving Agency is detrimental to the overall efficiency and operation of Performing Agency's computer systems. Any such limitation or termination of services will be upon written notice to Receiving Agency by Performing Agency. Upon termination of all or part of this Contract, Department and Receiving Agency will be discharged from any further obligation created under the applicable terms of this Contract except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination. 15. Terms & Conditions. A. Federal and State Laws, Rules and Ordinances. Parties shall comply with all applicable federal and state statutes, rules and regulations. B. Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, the Contract shall be governed by, and construed in accordance with, the laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit shall be Travis County, Texas. C. Exchange of Client - Identifying Information. Except as prohibited by other law, Receiving Agency and Performing Agency shall exchange Public Health Information (PHI) without the consent of clients in accordance with 45 CPR § 164.504(e)(3)(i)(B), Health and Safety Code § 533.009 and Rule Chapter 414, Subchapter A or other applicable law or rules. Contractor shall disclose information described in Health and Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Health and Safety Code §614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. D. Records Retention. DSHS shall retain records in accordance with the Department's State of Texas Records Retention Schedule, located at http://www.dshs.state.tx.us/records/schodules.shtm, Department Rules and other applicable state and federal statutes and regulations governing medical, mental health, and substance abuse information. E. Severability and Ambiguity. if any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent 1)208 -! and effect as if never incorporated, but all other provisions will continue. Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. F. Lee_ai Notice. Anv notice required or permitted to be R iven by the provisions of this Contract shall be deemed to have been received by a Party on the third business day after the date on t at w h-' c a -'I c d o he ❑.,.. y the .,.1.1ra.... first „h....e "or ., s ch .,the,- - - ddress as he rraua.a, a, o a t t u w th ..' u, the , �� ,,, �. �::..., uw .,. ,..., .. . �....,, ..,.,,.... t .,....,, w� .,� ..,... Party shall specify to the Receiving Agency in writing) or, if sent by certified mail, on the date of receipt. G. Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. H. Waiver, Acceptance by either party of partial performance or failure to complain of any action, non - action or default under this Contract shall not constitute a waiver of either party's tights under the Contract. I. Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Chapter 2260 of Texas Government Code and implemented in the rules at 25 TAC § §1.431 -1.447 shall be used by Performing Agency and Receiving Agency to attempt to resolve any claim for breach of contract made against Performing Agency. J. Inspections. Receiving Agency shall permit authorized Performing Agency personnel, during normal working hours, to conduct site visits and review such records as needed to ascertain compliance with the terms of this contract. K. Voided Records. To ensure compliance with Texas Administrative Code 181.24 Abused, Misused, or Flagged Records. Performing Aaencv is asking all Local office staff to be _prudent in reviewing and checking record information on the computer screen prior to printing. The State Vital Statistics Unit does not honor nor encourage what some may consider "courtesy or free copies ". All documents printed via the remote access system are considered legal and viable documents. Every time a specific record is printed, it is counted. Once a record has been printed 10 times, it can no longer be issued without authorization from the State Vital Statistics Unit Office. Records printed by accident should be reported to the Security Manager to reset the lifetime count. The State Vital Statistics Unit is not responsible for: printers not being turned on, printing to wrong printer, printers not working properly, the accidental printing of a wrong record. In order to reset the lifetime count of a customer, Receiving Agency must notify Performing Agency Security Manager in writing to clear voided records from the remote access system's customer lifetime counts and the original voided certificate must be sent into the State Vital Statistics Unit Office. 42648 -1 L. Credits. Performing Agency will handle credit requests on a case -by -case hasis. Credits may be considered in those cases of emergency situations, i.e., equipment and systems failures or inc.l P.mpnt w Path Pr Rpraivina AR..n oh c„Am:r fl-- r �. - .._ I -0V . , ,.,.,,,,... .-i— u _t i • W rit ing aAV W 161 t I1 e1 LAI IVI . documentation to provide justification to the State Registrar and/or designee for approval. Fertvriuiiig Agency win provide written documentation to the Receiving Agency on the status of the approval of credit requests. 16. Entire A eement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES - Signature ofAuthorized Official . 'n Jgzlo Date Bob Burnette, C.P.M., CTPM Director, Client Services Contracting Unit 1 IOn WEST 49TH CTRFFT AUSTIN, TEXAS 78756 (512) 458 -7470 Bob. Burnette@dshs.state.tx.us NORTH RICHLAND HILLS Dy: Signature Date Printed Name and Title Address City, State, Zip Telephone Number E -mail Address For Official Correspondence 92649 -] CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: Jimmy Cates /Mike Curtis Council Meeting Date: 8 -23 -2010 Agenda No. B.3 Subject: PU 2010 -019 Award Bid No. 07 -1390 Annual Contract for Traffic Materials to Vulcan Signs, Allied Tube & Conduit, and Centerline Supply Summary Council is being asked to award an annual contract by section to multiple vendors for traffic control devices and materials used by the Public Works Department for an estimated total annual amount of $205,038. General Description In the General Fund budget, Council appropriates funds each fiscal year to purchase traffic control devices and materials for the Public Works Department. The devices and materials will be used in the repair and maintenance of signs, posts and pavement markings along public streets and at City facilities within the City. Notice of the City's intent to bid was advertised in local newspapers, as required by State statute, and posted on the City's Purchasing website. Numerous vendors were contacted and requested to participate in this process. Bid specifications were viewed on the City's website by forty -five (45) vendors. Ten (10) bids were received. All devices and materials will be purchased as needed. There are no set required amounts to be purchased under the contract. Vendors were supplied a list of items and estimated quantities to bid on. The specifications were divided into three sections of like items and materials. Section "A" includes different sizes and styles of sign blanks and posts. Section "B" includes various types of sign materials used in the fabrication process. Section "C" includes pavement marking materials such as paint and thermoplastic markings. Each section will be awarded to the low bidder as listed below: Section A to be awarded to Vulcan Signs for an estimated $ 39,542.01 Section B to be awarded to Allied Tube for an estimated $123,243.00 Section C to be awarded to Centerline Supply for an estimated $ 42,253.30 All material quantities used for bidding were estimates. The Public Works Department will only purchase the materials needed and, as specified in the bid specifications, has the ability to increase or decrease the amount of materials. Funding: 001 -6002- 552.43 -28 Repair and Maintenance /Sign, Fence and Sidewalk 001 - 6002- 552.61 -60 General Supplies/Traffic The specifications call for pricing to remain firm for a twelve (12) month period with option to review the pricing and extend the annual contract for an additional two (2) twelve (12) month periods if it remains beneficial to the City. Recommendation Award Bid No. 07 -1390 Annual Contract for Traffic Materials to Vulcan Signs, Allied Tube & Conduit, and Centerline Supply. t4RH CITY OF NORTH RICHLAND HILLS PUBLIC WORKS MEMO TC: Jamie Brockway, Purchasing Agent FROM: Jimmy Cates, Operations Manager DATE: August 5, 2010 SUBJECT: Traffic Sign Materials (10 -043) The Public Works Department has reviewed the bid proposals for Traffic Sign Materials (1+0-043). Based upon our review and evaluation of the bids, the department is recommending the following bid awards: Section A — Vulcan Signs $ 39,542.01 Section B —Allied Tube & Conduk $123,243.00 Section C — Centerline Supply $ 42,253.30 All materials are estimates and the department has the ability to increase or decrease the needed amount of materials, per bid specifications. Section B shows 5,000 sign poles, but the department will only order approximately 500 sign poles. The account numbers used to purchase these materials are: 001 -6002- 552.43 -28 Repair and MaintenancelSign, Fence and Sidewalk 001 -0002- 552.61 -60 General Supplies(Traffic The department will not be purchasing all materials during this fiscal year. Purchases will occur throughout the fiscal year and into the next fiscal year. The account balances for this year will not show enough funding for the materials because a lot of the material has already been purchased under a different annual contract. Please let me know if you have any questions. A ates Public Works Operations Manager cc Gaylon Grerneen, Pubic Works Street Supervisor Douglas bra n, Public Works SeniorTraffic. Tech ridan GCflb/pwm201 U-174t CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 8 -23 -2010 Presented by: Gregory Van Nieuwenhuize Agenda No. B.4 Subject: PW 2010 -030 Approve an Ordinance Amending Section 104 -31: "Public right - of -way use agreement requirements" of the North Richland Hills Code of Ordinances - Ordinance No. 3106 Summary The City Council is being asked to amend a section of Chapter 104: "Gas Well Drilling and Production" of the City Code. Specifically, staff is requesting that the approval process for the installation of gas pipelines within public Rights -of -Ways (ROW) be amended. General Description Presently, the City has issued gas well drilling permits for six (6) gas well sites within the City of North Richland Hills. All of these sites will need to be connected to gas pipelines in order to get the gas from these well sites to market. Presently, only one gas well site, the Graham Gas Well Site off of Hightower Drive, has adequate pipelines installed to get gas from this well to market. The gas well located immediately west of Richland Plaza, the BISD 1 Fossil Park Gas Well, is in the process of being connected to pipelines in order to get gas from this well to market. In both instances, the gas company has negotiated with both the City and private property owners in order to gain permission to cross City ROW and private property with their gas pipelines. The City Code (Chapter 104: "Gas Well Drilling and Production ") has a clearly defined process and requirements for crossing public ROW. Staff ensures the gas pipeline companies comply with both this process and this Chapter's requirements prior to ultimately requesting City Council approval of allowing a gas pipeline to be installed within public ROW. In all instances to date of a gas pipeline crossing public ROW (Chapman Road, Rufe Snow Drive and Onyx Drive South), the City Attorney's Office has drafted a comprehensive agreement that addresses the requirements indicated in Chapter 104. In all of these instances, the gas pipeline company has executed this agreement and the City Council has authorized the City Manager to also execute this agreement on behalf of the City. This agreement has become fairly standard. Because the agreements for crossing public ROW have become fairly standard and they closely follow Chapter 104 of the City Code, it would be more efficient for the routine ROW crossings if the City Manager could execute the appropriate agreement (drafted by the City Attorney's Office) without having to schedule such action on the City Council agenda. The following ordinance provides for the City Manager to have this authority, however, at the same time — for those ROW crossings that might not be routine — the amended wording also authorizes the City Manager to request City Council approval if he/she deems this appropriate. Recommendation Approve Ordinance No. 3106. N R ` ORDINANCE NO. 3106 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING CHAPTER 104, GAS WELL DRILLING AND PRODUCTION, ARTICLE IV, GAS PIPELINE INSTALLATION, OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, BY AMENDING SECTION 104 -31 TO PROVIDE THAT PUBLIC RIGHT -OF -WAY USE AGREEMENTS FOR GAS PIPELINES MAY BE APPROVED BY THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of North Richland Hills heretofore adopted Chapter 104, Article IV of the North Richland Hills Code of Ordinances, regarding the installation of gas pipelines in public rights -of -way; and WHEREAS, Section 104.31 of the North Richland Hills Code of Ordinances contains the requirements for use agreements to install gas pipelines in public rights -of -way; and WHEREAS, the City Council desires to amend Section 104.31 to authorize the City Manager or the City Manager's designee to approve agreements for the installation of gas pipelines in public rights -of -way when such agreements comply with the requirements of Section 104 -31 of the North Richland Hills Code of Ordinances, and the applicant has paid the fees required by Section 104 -32 of the North Richland Hills Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Section 104 -31, Public right -of -way use agreement requirements, of the North Richland Hills Code of Ordinances, is hereby amended by adding the following at the end of such section: "When a public right -of -way agreement complies with the requirements of this Article, and the applicant has paid the fees required by Section 104 -32 hereof, the City Manager or the City Manager's designee may execute the agreement on behalf of the City without further approval by the City Council. In lieu of executing the agreement and for any reason, the City Manager may place the agreement on the City Council agenda for consideration by the City Council." SECTION 2. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. SECTION 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval, and it is so ordained. PASSED AND APPROVED on this the 23rd day of August, 2010. [a] 11 W961arR]A9:1 N Is]:1WI1►1I7 :III% Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Managing Director CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 8 -23 -2010 Presented by: Gregory Van Nieuwenhuize Agenda No. B.5 Subject: PW 2010 -031 Approve the Renewal of the Interlocal Agreement with Tarrant County for the Partial Funding of the Construction of the North Tarrant Parkway Project Summary The City Council is being asked to approve the renewal of the agreement with Tarrant County which authorizes Tarrant County to fund a portion of the construction of North Tarrant Parkway on an annual basis. General Description On December 14, 2009, the City of North Richland Hills entered into an Interlocal Agreement (IA) with Tarrant County. Basically, the IA allowed the City to replace federal funds allocated to the North Tarrant Parkway Project with funds from Tarrant County's bond program. Because of this action, construction could begin sooner and this construction could be done in accordance with local criteria instead of federal criteria. While the reconstruction of North Tarrant Parkway is a joint project between the cities of North Richland Hills and Keller, the City of North Richland Hills is the "lead City" and as such the IA is between only the City of North Richland Hills and Tarrant County. One of the terms in the IA was that the duration of the agreement be for one year and must be renewed each year until the project is complete. Even though Tarrant County placed the terms in the Agreement to renew on an annual basis, Tarrant County has committed to "annually renewing" this Agreement. Therefore, the approval of the current Renewal IA is effectively a procedural issue. In fact, one of the terms of this renewal states, "All terms and conditions of the original Agreement as amended remain in effect . . ." Additional highlights of this IA are: • The County to reimburse NRH 65% of the actual construction costs of the as- built final total project cost, or an amount of $14,095,000, whichever is less. • NRH to provide a monthly progress report documenting the project's construction rate to the County. • Any public notice type construction signage is to recognize the funding from the 2006 Tarrant County Bond Program. • A schedule of funds availability, which is compatible with the expected timeline of expenditures during construction. NOTE: There has been one revision to the original IA. This IA was revised on January 11, 2010 to accommodate the City of Keller's compromise with some of their residents. Essentially, while the entire project will be constructed to accommodate 6 lanes of "thru" traffic, divided by a median, the Keller base bid project identifies the pavement section between Rufe Snow Drive and the Keller /NRH city limits (at Little Bear Creek Park) to be pavement marked for 4 lanes of "thru" traffic. (The NRH section will always maintain 6 lanes of "thru" traffic.) Recommendation Approve the Renewal of the Interlocal Agreement with Tarrant County for the Partial Funding of Construction of the North Tarrant Parkway Project and authorize the City Manager to execute such Agreement. STATE OF TEXAS § Renewal of Interlocal Agreement Court Order Na. 107296 COUNTY OF TARRANT § Project. North Tarrant Parkway BACKGROUND 1. Tarrant County ( "COUNTY") and the City of North Richland Hills ( "CITY ") entered into an Agreement located in Tarrant County Commissioners Court Carder No. 107296, for the cooperative funding of improvements to North Tarrant Parkway ( "Project ") as described In the 2006 Tarrant County Bond Program, 2. The Project is not complete and the COUNTY and the CITY desire to renew the Agreement for the 2.01. t Fiscal Year. Therefore, the COUNTY and CITY agree to the following 1. The COUNTY and the CITY renew the Agreement for the COUNTY's 2011 Fiscal Year with the Agreement to expire September 30, 2011 or the completion of the Project as determined by the COUNTY, whichever occurs sooner. 2. The COUNTY and CITY agree to the revised payment schedules. 3. All terms and conditions of the original Agreement as amended remain in effect except to the extent modified by this Renewal. APPROVED on this day the day of . 20 by Tarrant County. Commissioners Court Order No. TARRANT COUNTY STATE OF TEXAS CITY County Judge APPROVED A5 TO FORM: District Attorney's Office* Signature APPROVED AS TO FORMA ND CONTENT: City Attorney Interlocal AgreementTranspor-tatiionTlond 20 06-2007 Page 1 *By law, the District Attorney's Office may only advise or approve agreements or legal documents on behalf of its dlents. It may not advise or approve a agreement or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our Client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). CERTIFICATION OF A VAR- A&E FUNDS IN Certification of Funds Available as follows: Fiscal year ending September 30, 2007 Fiscal year ending September 30, 2008 Fiscal year ending September 30, 2009 Fiscal year ending September 30, 2010 Fiscal year ending September 30, 2011 THE AMOUNT OF $3,523,750 $7,447,500 All future years funding is contingent on future debt issuance and r newai of this contract Fiscal year ending September 30, 2012 Fiscal year ending September 30, 2013 Fiscal year ending September 30, 2014 Fiscal year ending September 30, 2015 Fiscal year ending September 30, 2015 Auditor's Office $3,523,750 $ $ $ $14,095,000* Amount includes $6,600,000 in previously designated federal funds. rl3t&rlqcj1 Agreement TranWortation Bond 2006-2007 Page 2 ATTACHMENT A Pruiect Information City: City of North Richland Hills P rc i cct Name: Widening of North Tarrant Parkway rroposed Pro iect Schedule Start Date Duration (mo) End Date .Design: Nov -2005 36 Nov -2408 ROW Acquisition: - Utility Relocation: - Construction: Mar -2010 24 Mar -2012 * COUNTY payments by completed phase are contingent upon the COUNTY'S reasonable determination that the wont regarding the project phase for which payment is expected is successfully completed, as determined by the COUNTY. COUNTY plans to issue debt for all phases of this project, therefore payment remains contingent on debt issuance in accordance with applicable law. Once Construction commences, COUNTY payment shall be made by fiscal quarter prorated over the life of the construction but contingent upon reasonable progress in construction as gray be determined by the COUNTY. Proposed County Payment by Phase Design: ROW Acquisition: $ Utility Relocation: $ Construction: $14,095,000 County Funding Total: $14,095,000 ** Proposed County Payment by Calendar_ Quarter (SUBJECT TO CHANGE) 1 qt Ouarter 2nd [)garter 3rd Ouarter 4th Ouarter 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 ** Amount includes $6,600,000 of previously designated federal funds. Interlocal Agreement Transportation Bond 2005 -2007 Page 3 $ $ $ $ $ $ $ $1,761875 $1,761,875 $1,761,875 $1761,875 $1,761875 $1,761,875 $1,761,875 $1,761 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ** Amount includes $6,600,000 of previously designated federal funds. Interlocal Agreement Transportation Bond 2005 -2007 Page 3 CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 8 -23 -2010 Presented by: Mike Curtis Agenda No. B.6 Subject: PW 2010 -032 Approve Ordinance 3107 Establishing a Municipal Setting Designation for a 1.599 Acre Tract of Land Known as a Portion of Lot 1 and Lot 2R, Block 1 of Five Star Ford Addition Within the City of North Richland Hills, Texas; Establishing a Penalty and Providing for Publication Summary 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 is requesting that North Richland Hills designate this property as a Municipal Setting Designation (MSD). Council is being asked to approve an ordinance that will create the necessary regulations in order to establish a MSD for the proposed QuikTrip property. Discussion 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 steps: 1. File an application with TCEQ establishing compliance with the eligibility criteria for an MSD. 2. Notify affected municipalities, retail public utilities and private owners of registered water wells. 3. 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. 4. Obtain a resolution in support of the application from municipalities and public utilities located within a 5 -mile radius. 5. 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. The City of North Richland Hills has approved resolutions previously supporting the establishment of a MSD property in other cities (the 4th step in the process listed above), but this is the first time a property owner is requesting that a property located within the North Richland Hills city boundary limits be designated as a MSD property. This request requires that Council take two actions. One is to approve an ordinance establishing regulations on the designated property (which is the 3 step listed above and is this council a item) and the other is to approve a resolution supporting the MSD (which is the 4 step above and will be presented on the next agenda item). Property Description: The property is located at the southwest corner of Rufe Snow Drive and the Loop 820 Frontage Road. The property was the site of dry cleaning operations from the late - 1900s through the mid - 1980x. Five Star Ford purchased the property in 1997 and took occupancy in 1998. During a subsurface site investigation, groundwater contamination was discovered less than 10 feet below the surface. QuikTrip is proposing to address the groundwater contamination through the TCEQ process of a MSD ordinance. A site specific geotechnical report has been submitted to the city by QuikTrip indicating that some volatile organic compounds (VOCs) were detected in the groundwater. The report also indicates that, because of the shallow depth of the contaminated groundwater and the geographical formations below the surface, the downward migration of the contaminated groundwater would not be probable. Representatives from QuikTrip and their geotechnical and environmental consultants will be available at the Council meeting to address any questions pertaining to the site. Recommendation: To approve Ordinance No.3107 NRH r 10 N I] I ►1,1► [+] ► WWII furl AN ORDINANCE ENACTING REGULATIONS NECESSARY FOR THE ESTABLISHMENT OF A MUNICIPAL SETTING DESIGNATION FOR A 1.599 ACRE TRACT OF LAND KNOWN AS A PORTION OF LOT 1 AND LOT 2R, BLOCK 1 OF FIVE STAR FORD ADDITION WITHIN THE CITY OF NORTH RICHLAND HILLS, TEXAS; ESTABLISHING A PENALTY AND PROVIDING FOR PUBLICATION WHEREAS, the City Council has been requested to establish prohibitions against the pumping, extraction and use of groundwater pursuant to Section 401.005, Texas Local Government Code and Section 361.0865(a)(2) Texas Health and Safety Code at a site specific location in the City in order to support a Municipal Setting Designation under Subchapter W of Chapter 361, Texas Health and Safety Code; and, WHEREAS, the City of North Richland Hills is a municipality with a population in excess of 20,000 and owns its own retail public utility system; and, WHEREAS, the City Council finds that such request is appropriate and that this Ordinance is necessary to protect the health and safety of persons within its corporate limits; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: The pumping, extraction and use, whether potable or otherwise, of groundwater less than 50 feet deep beneath property described on Exhibit A hereto by any persons other than retail public utilities is hereby prohibited. Section 2: Any person, firm or corporation violating any provision of this Ordinance 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. AND IT IS SO ORDAINED. PASSED AND APPROVED on this the 23rd day of August, 2010. 11WK S]AUSIA11:11110191:1W- 1►1I1:1141 6 Oscar Trevino, Mayor /_A■0 *16 Patricia Hutson, City Secretary I=1 > >:Z+�] ►1 =1 RIF-Azt 119119191 N k51_1►19l 1 x0_141 Wil George A. Staples, City Attorney 1.1 »:161 =1RF- ztCOI916]►10=1 �16 Mike Curtis, Managing Director EXHIBIT A ;a:Zsl :i4A va 51:914101i11C07►1 BEING A 1.559 ACRE TRACT OF LAND SITUATED IN THE J.M. VANDUSEN SURVEY, ABSTRACT NO. 1588, CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, BEING A PORTION OF LOT 1 AND LOT 2R, BLOCK 1 OF FIVE STAR FORD ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD IN CABINET A, SLIDE 9172, PLAT RECORDS OF TARRANT COUNTY, TEXAS, (P.R.T.C.T.), AND A PORTION OF LOT 1, BLOCK 3, EXXON WEST ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD IN VOLUME 388 -199, PAGE 20, P.R.T.C.T. AND ALSO DESCRIBED IN SPECIAL WARRANTY DEED TO PACK PROPERTIES IV, L.L.C., FILED FOR RECORD UNDER THE COUNTY CLERK'S FILE NUMBER D203467460, DEED RECORDS OF TARRANT COUNTY, TEXAS, (D.R.T.C.T.), AND DESCRIBED IN SPECIAL WARRANTY DEED TO PACK PROPERTIES FILED FOR RECORD IN VOLUME 11794, PAGE 297, D.R.T.C.T., SAID 1.559 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A TEXAS DEPARTMENT OF TRANSPORTATION ( TXDOT) BRASS MONUMENT FOUND FOR THE SOUTHERLY END OF A CORNER CLIP AT THE INTERSECTION OF THE SOUTHERLY RIGHT -OF -WAY LINE OF NORTHEAST LOOP 820, (A VARIABLE WIDTH PUBLIC RIGHT -OF -WAY) WITH THE WESTERLY RIGHT -OF -WAY LINE OF RUFE SNOW DRIVE, (A VARIABLE WIDTH PUBLIC RIGHT -OF -WAY); THENCE ALONG SAID WESTERLY RIGHT -OF -WAY LINE, THE FOLLOWING: SOUTH 00 0 26'14" WEST, A DISTANCE OF 105.44 FEET (SOUTH 00.13 - 40" WEST — 104.91 FEET-RECORD) TO A TXDOT BRASS MONUMENT FOUND FOR CORNER; SOUTH 43 0 52'20" EAST, A DISTANCE OF 63.19 FEET (SOUTH 03 °57'54" EAST -- 63.29 FEET-RECORD) TO A TXDOT BRASS MONUMENT FOUND FOR CORNER; SOUTH 00 0 14'35" EAST, A DISTANCE OF 21.87 FEET TO A 518 -INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY + PARTNERS" SET FOR CORNER IN THE COMMON LINE OF LOT 1, BLOCK 1 AND LOT 2R, BLOCK 1 OF THE AFOREMENTIONED FIVE STAR ADDITION; EXHIBIT A Cont'd THENCE SOUTH 89 °18'29" WEST ALONG SAID COMMON LINE, AT A DISTANCE OF 251.25 FEET (SOUTH 89 °15'50" WEST -- 251.25 FEET - RECORD) PASSING THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 1 FROM WHICH A 112 -INCH IRON ROD WITH CAP STAMPED "HALFF ASSOC., INC." BEARS SOUTH 43 °51'35" WEST, A DISTANCE OF 4.19 FEET, CONTINUING IN ALL FOR A TOTAL DISTANCE OF 300.17 FEET TO A P.K. NAIL WITH WASHER STAMPED "BURY + PARTNERS" SET FOR CORNER; THENCE NORTH 00 °27'42" WEST, A DISTANCE OF 237.26 FEET TO A 518 -INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY + PARTNERS" SET FOR CORNER IN THE AFOREMENTIONED SOUTHERLY RIGHT -OF -WAY LINE OF NORTHEAST LOOP 824; THENCE ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE THE FOLLOWING: SOUTH 85 0 38'24" EAST, A DISTANCE OF 110.36 FEET TO A TXDOT BRASS MONUMENT FOUND FOR CORNER; NORTH 89 °17'42" EAST, A DISTANCE OF 71.22 FEET TO A TXDOT BRASS MONUMENT FOUND FOR CORNER; NORTH 87 °11'24" EAST, A DISTANCE OF 83.48 FEET TO A TXDOT BRASS MONUMENT FOUND FOR CORNER; SOUTH 40 0 04'49" EAST, A DISTANCE OF 52.64 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 67,944 SQUARE FEET OR 1.559 ACRES OF LAND. CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 8 -23 -2010 Presented by: Mike Curtis Agenda No. B.7 Subject: PW 2010 -033 Approve a Resolution in Support of the Application to the Texas Commission on Environmental Quality for a Municipal Setting Designation on a 1.599 acre site known as a Portion of Lot 1 and Lot 2R, Block 1 of Five Star Ford Addition — Resolution No. 2010 -025 Summary The approval of a resolution supporting the application to the Texas Commission on Environmental Quality (TCEQ) for a Municipal Setting Designation (MSD) on the Five Star Ford property is the second council action required in order to establish a MSD for the property. nicnimczinn As mentioned in the previous Council agenda item, 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). The process consists of the following steps: 6. File an application with TCEQ establishing compliance with the eligibility criteria for an MSD. 7. Notify affected municipalities, retail public utilities and private owners of registered water wells. 8. 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. 9. Obtain a resolution in support of the application from municipalities and public utilities located within a 5 mile radius. 10. 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. This agenda item addresses part of step number 4 listed above which is to approve a resolution supporting the application to the TCEQ establishing the MSD property. QuikTrip Corporation is trying to obtain TCEQ approval for a MSD for property located at the southwest corner of Rufe Snow Drive and the Loop 820 Frontage Road. The City of North Richland Hills considered an ordinance in the previous agenda item prohibiting the use of groundwater for potable purposes at the designated location. In addition, the application to the TCEQ must include resolutions from cities located within a 5 -mile radius of the M5D property indicating support. The attached resolution that Council is being asked to approve indicates the City of North Richland Hills' support. QuikTrip Corporation will also need to obtain resolutions in support from the cities of Richland Hill and Hurst. As mentioned in the previous agenda item 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. Recommendation To Approve Resolution No. 2010 -025 101 +hA-CJ RESOLUTION NO. 2010 -025 A RESOLUTION IN SUPPORT OF THE APPLICATION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION A 1.599 ACRE SITE DESCRIBED HEREIN. WHEREAS, on this date, the City Council, approved Ordinance number 3107, prohibiting the use of shallow groundwater at a 1.599 acre site in the city more fully described in Exhibit "A "; and WHEREAS, the City Council of the City of North Richland Hills, Texas, made a finding that it is in the best interest of the public and the city to facilitate the efforts of QuikTrip Corporation, to secure a municipal setting designation with the Texas Commission on Environmental Quality (TCEQ) for said Site; and WHEREAS, Applicant has filed an application with the TCEQ for certification of a municipal setting designation for the Site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W, and have provided notice of such application to the City of North Richland Hills, WHEREAS, Texas Health and Safety Code, § 361.8065 provides that an application to the TCEQ for a municipal setting designation will not be certified unless the application is supported by a resolution adopted by certain entities, including the city council of each municipality that owns or operates a groundwater supply well located not more than five miles from the property for which the designation is sought; and WHEREAS, the City of North Richland Hills owns or operates groundwater supply wells located not more than five miles from the boundary of said Site; and WHEREAS, Applicant has continuing obligations to satisfy applicable statutory and regulatory provisions concerning groundwater contamination investigation and response actions at the Site; and WHEREAS, the certification of a Municipal Setting Designation for the Site is in the best interests of the community; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. The City of North Richland Hills supports Applicant's application to the Texas Commission of Environmental Setting Designation on the Site described in Exhibit A hereto. AND IT IS SO RESOLVED. PASSED AND APPROVED this the 23rd day of August, 2010. 11WK S]AUSIA11:11110191:1W- 1►1I1:1141 6 Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 1_1> �:t67T1 =1 RIF-A -lb COI*161 ►10 =1 � 16 Mike Curtis, Managing Director EXHIBIT A ;a:Zsl :i4A va 51:914101i11C07►1 BEING A 1.559 ACRE TRACT OF LAND SITUATED IN THE J.M. VANDUSEN SURVEY, ABSTRACT NO. 1588, CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, BEING A PORTION OF LOT 1 AND LOT 2R, BLOCK 1 OF FIVE STAR FORD ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD IN CABINET A, SLIDE 9172, PLAT RECORDS OF TARRANT COUNTY, TEXAS, (P.R.T.C.T.), AND A PORTION OF LOT 1, BLOCK 3, EXXON WEST ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD IN VOLUME 388 -199, PAGE 20, P.R.T.C.T. AND ALSO DESCRIBED IN SPECIAL WARRANTY DEED TO PACK PROPERTIES IV, L.L.C., FILED FOR RECORD UNDER THE COUNTY CLERK'S FILE NUMBER D203467460, DEED RECORDS OF TARRANT COUNTY, TEXAS, (D.R.T.C.T.), AND DESCRIBED IN SPECIAL WARRANTY DEED TO PACK PROPERTIES FILED FOR RECORD IN VOLUME 11794, PAGE 297, D.R.T.C.T., SAID 1.559 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A TEXAS DEPARTMENT OF TRANSPORTATION ( TXDOT) BRASS MONUMENT FOUND FOR THE SOUTHERLY END OF A CORNER CLIP AT THE INTERSECTION OF THE SOUTHERLY RIGHT -OF -WAY LINE OF NORTHEAST LOOP 820, (A VARIABLE WIDTH PUBLIC RIGHT -OF -WAY) WITH THE WESTERLY RIGHT -OF -WAY LINE OF RUFE SNOW DRIVE, (A VARIABLE WIDTH PUBLIC RIGHT -OF -WAY); THENCE ALONG SAID WESTERLY RIGHT -OF -WAY LINE, THE FOLLOWING: SOUTH 00 0 26'14" WEST, A DISTANCE OF 105.44 FEET (SOUTH 00.13 - 40" WEST — 104.91 FEET-RECORD) TO A TXDOT BRASS MONUMENT FOUND FOR CORNER; SOUTH 43 0 52'20" EAST, A DISTANCE OF 63.19 FEET (SOUTH 03 °57'54" EAST -- 63.29 FEET-RECORD) TO A TXDOT BRASS MONUMENT FOUND FOR CORNER; SOUTH 00 0 14'35" EAST, A DISTANCE OF 21.87 FEET TO A 518 -INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY + PARTNERS" SET FOR CORNER IN THE COMMON LINE OF LOT 1, BLOCK 1 AND LOT 2R, BLOCK 1 OF THE AFOREMENTIONED FIVE STAR ADDITION; EXHIBIT A Cont'd THENCE SOUTH 89 °18'29" WEST ALONG SAID COMMON LINE, AT A DISTANCE OF 251.25 FEET (SOUTH 89 °15'50" WEST -- 251.25 FEET - RECORD) PASSING THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 1 FROM WHICH A 112 -INCH IRON ROD WITH CAP STAMPED "HALFF ASSOC., INC." BEARS SOUTH 43 °51'35" WEST, A DISTANCE OF 4.19 FEET, CONTINUING IN ALL FOR A TOTAL DISTANCE OF 300.17 FEET TO A P.K. NAIL WITH WASHER STAMPED "BURY + PARTNERS" SET FOR CORNER; THENCE NORTH 00 °27'42" WEST, A DISTANCE OF 237.26 FEET TO A 518 -INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY + PARTNERS" SET FOR CORNER IN THE AFOREMENTIONED SOUTHERLY RIGHT -OF -WAY LINE OF NORTHEAST LOOP 824; THENCE ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE THE FOLLOWING: SOUTH 85 0 38'24" EAST, A DISTANCE OF 110.36 FEET TO A TXDOT BRASS MONUMENT FOUND FOR CORNER; NORTH 89 °17'42" EAST, A DISTANCE OF 71.22 FEET TO A TXDOT BRASS MONUMENT FOUND FOR CORNER; NORTH 87 °11'24" EAST, A DISTANCE OF 83.48 FEET TO A TXDOT BRASS MONUMENT FOUND FOR CORNER; SOUTH 40 0 04'49" EAST, A DISTANCE OF 52.64 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 67,944 SQUARE FEET OR 1.559 ACRES OF LAND. CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 8 -23 -2010 Presented by: Larry Koonce Agenda No. B.8 Subject: GN 2010 -065 Approve Final Payment in the Amount of $27,227.50 to the Independent Audit Firm of Deloitte and Touche for the Fiscal Year 2009 Audit Summary Deloitte and Touche worked more hours on the fiscal year 2009 audit than was included in their proposal approved by City Council in August of 2009. They submitted a final bill which far exceeded the approved amount. Management has negotiated a reduced fee and needs City Council approval to pay the final invoice. General Description The Independent audit firm of Deloitte and Touche was awarded the contract for audit services for fiscal years 2009, 2010 and 2011. This was their first year as returning auditors after Patillo, Brown and Hill had audited for fiscal years 2006 through 2008. The 2009 audit award was $98,130 which included $84,470 for the financial or main audit and $13,660 for a required "Single Audit" of federal grant expenditures. Their contract also included $6,000 for every other federally required audit of a major grant program. In fiscal year 2009, there was a single audit and one other major grant program which required an audit. The total anticipated cost for audit services was $104,130. Upon the completion of the audit in April 2010, two months later than originally estimated, Deloitte & Touche's final bill totaled $168,130. This amount far exceeded the proposed fees and the amount approved in the fiscal year 2010 budget. Reasons given for the extra hours necessary to complete the audit include adjusting for first -time formatting of working papers, more testing of transactions due to non - reliance on existing internal controls, new Governmental Accounting Standards, and stricter auditing standards promulgated by Sarbanes Oxley. Management and staff recently met with officials of Deloitte and Touche to negotiate the fiscal year 2009 audit fee to a reasonable and fair amount, and to discuss the proposed fiscal year 2010 audit fee to prevent a repeat of 2009. Both parties were able to reach agreement on a total fee of $132,000 for the 2009 audit. The final payment requested for Council approval will bring the total paid to $132,000. This amount is included in the revised 2009110 budget. The fiscal year 2010 audit fee will be presented to City Council for approval as a separate item on this agenda. Recommendation Approve Final Payment in the Amount of $27,227.50 to the Independent Audit Firm of Deloitte and Touche for the Fiscal Year 2009 Audit CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 8 -23 -2010 Presented by: Larry Koonce Agenda No. B.9 Subject: GN 2010 -066 For the Fiscal Year 2010 Audit Engagement, Approve an Amount Not to Exceed $126,000 for the Financial Audit, an Amount Not to Exceed $14,077 for the Single Audit, and an Amount Not to Exceed $6,000 for each Major Federal Grant Program Audit with the Independent Audit Firm of Deloitte and Touche Summary Deloitte and Touche has submitted an engagement letter for audit services for the 2010 fiscal year. Management and staff have met with their representatives and determined that their proposal is reasonable based on the number of hours and types of audits anticipated. Their pricing is in line with the final billing for the fiscal year 2009 audit. General Description Over the last several years auditing and accounting standards have drastically changed. Many factors have contributed to the increased time necessary to complete a thorough audit of the City's financial statements. In the proposal from Deloitte and Touche approved by City Council in 2009, the total cost of the financial audit was based on 700 hours of the auditors' staff time. We have come to realize that a more realistic estimate is around 1,000 hours. City Management has insisted that we will not pay more than this estimate which is why our recommendation is a not -to- exceed fixed dollar fee for each type of audit. Recommendation For the Fiscal Year 2010 Audit Engagement, Approve an Amount Not to Exceed $126,000 for the Financial Audit, an Amount Not to Exceed $14,077 for the Single Audit, and an Amount Not to Exceed $6,000 for each Major Federal Grant Program Audit with the Independent Audit Firm of Deloitte and Touche CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -23 -2010 Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 8 -23 -2010 Presented by: Mark Mills Agenda No. CA Subject: GN 2010 -060 Conduct a Public Hearing on the Proposed 2010 -2011 Budgets Summary Council is requested to open a public hearing and receive public comment on the 2010- 2011 Proposed Annual Operating Budget and the 2010 -2011 Proposed Capital Projects Budget. No action is required at this hearing as this is held for the purpose of receiving public comments. General Description The budget work session to review the preliminary 2010 -2011 budgets was held August 6, 2010. At the work session, City Council reviewed the budgets for all operating funds, capital project funds, and the budgets for the Crime Control and Prevention District and the Park and Recreation Facilities Development Corporation. Subsequent to the work session, the changes City Council requested have been included in the 2010 -2011 Proposed Budget. The 2009 -2010 Revised Annual Operating Budgets and the 2010 -2011 Proposed Annual Operating Budgets for all funds are as follows: General Fund $38,932,584 $37,653,672 Debt Service Fund 9,233,288 8,259,239 Park & Rec Facilities Dev. Fund 4,623,197 4,537,181 Crime Control District Fund 4,376,342 4,176,961 Promotional Fund 245,496 208,982 Donations Funds 182,586 158,459 Special Investigations Fund 436,401 384,100 Drainage Utility Fund 825,020 900,127 Gas Development Fund 684,022 439,881 Traffic Safety Fund 730,925 748,039 Utility Fund 24,057,114 25,220,085 Aquatic Park Fund 4,226,174 4,508,826 Golf Course Fund 2,750,244 2,890,676 The Proposed Capital Improvements Budget totals $35,496,411 between project categories is as follows: The breakdown 2010 -2011 PrODosed Street & Sidewalk Projects Drainage Projects Utility Projects Parks & Recreation Projects Aquatic Park Projects Municipal Facility Projects Major Capital Equipment Projects Economic Development Projects CIP - Other $7,738,755 1,903,000 2,595,205 451,500 2,191,000 11,417,289 1,508,282 7,051,577 639,803 In addition, over the course of Fiscal Year 2009 -2010, several projects were revised. Staff will be requesting a formal amendment to the 2009 -2010 Capital Projects Budget to include the changes summarized below. Detailed revision forms have been included in the attachments to this item. 2009 -2010 2009 -2010 Proiect Title Adapted Change Revised Street & Sidewalk Proiects Briley Drive (Lariat to Rufe Snow) $460,000 ($200,000) $200,000 Charles Street Offsite Drainage Imp 0 65,000 65,000 Colorado Blvd (Blvd 26 to Harwood) 620,000 (75,000) 545,000 Solar Power School Zone Beacons Upgrades 0 70,000 70,000 Traffic Signal Light Adaptive System 270,000 362,500 632,500 Yarmouth Avenue (Mid - Cities to Newcastle) 420,000 80,000 500,000 Street & Sidewalk Sub -Total $1,710,000 $302,500 $2,012,500 Drainage Proiects Odell Street Drainage Improvements $470,000 $5,000 $475,000 Drainage Sub -Total $470,000 $5,000 $475,000 Utility Proiects Johnson Water Storage Tank Rehabilitation $120,000 $13,000 $133,000 Utility Sub -Total $120,000 $13,000 $133,000 Parks & Recreation Proiects Grand Avenue Park Plaza $200,000 $34,566 $234,566 Parks & Recreation Sub -Total $200,000 $34,566 $234,566 2009 -2010 2009 -2010 Proiect Title Adopted Change Revised Municipal Facilitv Capital Prviects David Blvd Property Acquisition - TCD Area $360,000 $300,000 $660,000 Facility Repairs from Snow Damage 0 69,982 69,982 Flooring Replacement (2010) 47,273 25,000 72,273 HVAC Replacement (2010) 112,000 35,195 147,195 Interior! Exterior Renovations (2010) 42,852 1,584 44,436 Roofing & Building Consultant 0 70,000 70,000 Public Works Dry Materials Storage Facility 0 86,455 86,455 Municipal Facility Sub -Total $562,125 $588,216 $1,150,341 Maior Capital Equipment Prviects Ambulance Replacement Unit 946 $245,000 $0 $245,000 Fire Engine Replacement (Unit 933) $549,819 $57,681 $567,500 Replacement of Automated Citation Equip. 200,000 23,129 223,129 Major Capital Equipment Sub -Total $954,819 $80,810 $1,035,629 Economic Development Prviects Loop 820 Redevelopment $0 $1,513,361 $1,513,361 Economic Development Sub -Total $0 $1,513,361 $1,513,361 Other Prviects Long Term Energy Efficiency $0 $120,000 $120,000 Neighborhood Initiative Program 91,698 28,716 120,414 Other Sub -Total $91,698 $148,716 $240,414 2009 -2010 Capital Project Budget Change $4,108,642 $2,686,169 $6,794,811 The notice of public hearing was published in the Star Telegram newspaper in accordance with State law and the City's Charter. The public hearing for the Annual Budget was advertised to be held during the regular 7:00 p.m. City Council meeting, August 23, 2010. The 2010 -2011 Proposed Budget is based on the continuation of the 57¢ tax rate for the 18 consecutive year. The proposed budget document was filed with the City Secretary and at the City Library for public viewing. The document was also made available online at the City website, www.nrhtx.com It will be recommended for adoption at the September 13, 2010 City Council meeting. At the August 6, 2010 budget work session, the Crime Control District (CCD) Board reviewed the preliminary 2010 -2011 Crime Control and Prevention District Budget in the amount of $4,176,961. The CCD Board is scheduled to conduct a public hearing on August 23, 2010 at 6:30 p.m. in the City Council Chambers. A Parks and Recreation Facilities Development Corporation Board meeting is also scheduled for August 23, 2010. During this meeting the Board will conduct a public hearing on these budgets at 6:15 p.m. Prior to the budget hearing, Mark Mills, Budget & Research Director, will provide an overview and highlights of the proposed budgets for fiscal year 2010 -2011. Recommendation To open the public hearing, receive public comments for the Proposed 2010 -2011 Budgets for both operations and capital projects, and close the public hearing. r4mm CITY OF NORTH RICHLAND HILLS August 23, 2010 Honorable Mayor and Members of the City Council City of North Richland Hills North Richland Hills, Texas In accordance with the City Charter for the City of North Richland Hills it is my pleasure and duty to submit the FY 2010/2011 budget to the City Council for consideration. The budget submitted for consideration is balanced and reflects literally hundreds of hours of analysis, discussion and contemplation in making the hard choices by the City staff to develop a program of services that can be supported by today's economic climate. The next step is to gather input and direction from the City Council and public so a budget can be adopted that truly reflects the desires of the citizens of North Richland Hills. The current economic conditions facing the United States have been described as the worst conditions since the Great Depression of the 1930's. Virtually every sector of the economy has seen significant declines over the past two years. While the City of North Richland Hills has fared better than most cities around the country and even many cities in the Fort Worth area, we have not escaped the impacts of the economic downturn. However, there are some positive signs showing recovery in some areas of the local economy. This is encouraging, but economic experts have warned that the recovery will likely not be as quick or as strong as the recoveries that the United States has seen following recessions over the past three decades. These experts have advised that we should be prepared to adjust to this "new normal" of slower and lower economic growth. In addition to the general economic condition we will be carefully monitoring the impact of the reconstruction of Loop 820 which is slated to begin in October 2010. While the initial phase of construction may not adversely impact traffic access to North Richland Hills retail and commercial centers, knowledge that this construction will be occurring over the next five years could be discouraging to existing and potential businesses. With these concerns in mind the City will be focusing on ways to avoid, minimize or mitigate the impact on commercial businesses to the greatest extent possible. In this effort the City Council authorized establishment of the NRH Business Mobility Team composed of business representatives from the Loop 820 corridor and City staff to develop plans for minimizing the impact of this construction project. Correspondingly, the Economic Development team will be actively marketing the "finished product" of this construction which provides a tremendous upside for businesses located on or adjacent to this corridor. P.O. Box 82069 * North Richland Hills, Texas 76182 -0609 7301 Northeast Loop 820 * (817) 427 -6000 * Fax (817) 427 -6106 In preparing the Proposed FY 201012011 Budget there were several guiding factors City staff used to formulate decisions. The Proposed Budget was developed with a conscious attempt to be sensitive to the economic condition of North Richland Hills residents. City staff, at all levels of the organization, recognize the impact of the economy on North Richland Hills residents. Most, if not all, have observed people close to them that have lost jobs, income, property or retirement savings during the past two years. They understand the hardships that people are facing and helped develop a budget that is sensitive to these hardships. The Proposed 2010/2011 Budget does not include any compensation adjustments for our staff. No merit increase, step changes or market adjustment are included for FY 201012011. We have a great group of employees and they are worthy of increases to their compensation, yet they understand the need to balance the budget and be sensitive to the tax burden on our citizens. Should additional funding become available I would strongly urge that we consider some form of compensation improvement for City employees. They are by far our most valuable resource. The Proposed Budget is based on keeping the City's property tax rate at 57¢ per hundred dollars of assessed valuation. The tax rate has not changed since 1994. In fact, two- thirds of all residential property owners and nearly one -third of commercial property owners will see their City tax bill decrease in FY 2010/2011 due to lower valuations. In the Utility Fund, a water and sewer rate study will be underway shortly and it is likely that these rates will require an increase as well as a pass through rate increase on charges from the City's wholesale water and sewer providers. Other adjustments in fees or charges may be recommended, but none of the changes should have a major impact on either the budget or our residents. The bottom line is that the Proposed FY 2010/2011 General Fund Budget is smaller than the budgets proposed for the past two fiscal years and is based upon receiving less revenue than the City actually received in 200712008. Another guiding principle was to develop a program of services that was sustainable under the projection for slower and lower growth in the economic recovery. While the City has been diligent in developing adequate reserves, it would not be prudent to live on these reserves in the hope that economic growth will bail out the budget in the near future. While some reserve balances are proposed for utilization and contributions to some reserves have been reduced, based on the balances in these reserves, these changes still enable the City to move forward into the future without a dependency on these reserves. Internal Service Fund contributions have been reviewed to ensure that they are appropriately covering cash flow needs for the future without building up unnecessary balances. Should revenues exceed projections or expenses come in below the budget, restoration of reserve contributions to their targeted level will be a top priority with these funds. In balancing the budget the City staff has focused on providing core services to NRH residents. Deciding what is a "core service" and what is not is a challenging process upon which there are many points of view. To guide these decisions the staff relied on the current City Council Goals, the citizen survey from 2009, prior bond election results and comparison to neighboring communities. Every effort was made to remain competitive with our motto of the "City of Choice" by emphasizing services and programs that keep NRH competitive in the commercial and residential marketplace. In identifying areas where budget reductions could occur staff targeted services or programs that no longer serve a large portion of the citizens or are not as valued by the citizens as they may have been at one time. For example the budget does include some program changes in Citicable operations that will reduce staffing in this division and eliminate several services currently performed by Citicable. Broadcast of City Council meetings and production of many of the key informational programs for the City will still be continued. In cooperation with Birdville Independent School District one middle school resource officer (SRO) position will not be filled. It is the position of both the City and School District staff that the duties can be covered by the remaining SRO's and on -duty patrol officers. A third area where staffing is proposed for reduction is the freezing of two vacant Park Maintenance Workers. Not filling these positions will modestly reduce the frequency of some maintenance duties in the parks, but parks facilities will still retain a high quality appearance. Reducing or eliminating these programs makes room to continue higher priority services and programs. While these changes and other similar, but smaller budget cuts may not be obvious at first or on an individual basis, some of the budget trimming will eventually show up as a reduction in the "finished touch" of City services that NRH residents have received in the past. The impact of these changes should not affect core services and they do not merely put off today's expenses until tomorrow, but we have a very observant and astute citizenry that is bound to notice some of these changes. In spite of declining revenues this budget retains essential community standards for the maintenance of residential, commercial and public property. A further guiding principle was the thought that in spite of the current economic low conditions and a prognosis for a lower/slower recovery, it is important to be prepared to come out of the recovery. While it may be necessary to adjust future plans, these plans have not been abandoned. The FY 2010/2011 budget contemplates continuation of all current Capital Improvement Programs including projects approved by the voters in the 1994 and 2003 bond elections. By continuing to emphasize core service levels, retaining maintenance standards for public and private property, avoiding an over reliance on reserves and continuing to aggressively market the city, we should be effectively positioned to come out of the economic downturn in good shape. Utilizing these guiding principles, departments were provided budgetary targets based on revenue projections. Departments were required to prioritize their expenditure needs and submit a budget that was no higher than their target figure. Programs, services or other expenditures that could not fit within this target were formulated into a list of prioritized adjustments to the base budget. As City Manager I would like to commend my fellow staff members for taking the budget challenges seriously and submitting budget requests that were realistic, creative, carefully planned and within the target levels. Fortunately, many of the programs that did not originally fit within the target budget were able to be incorporated into the budget through various revenue and expenditure adjustments. In looking forward to FY 2010/2011 it is beneficial to look back at some of the successes experienced in the past year. Looking back, there are many accomplishments and achievements for which the City of North Richland Hills can be proud. • The citizen survey completed in 2009 reflected a high level of satisfaction with City services. Over 94% of respondents listed quality of life as "excellent" or "good" and 97% would recommend NRH to a friend or family member as a good place to live. • In May, the citizens overwhelmingly supported the extension of the Crime Control and Prevention District for 20 years with 88% of the voters voting in favor. This vote specifically affirmed the confidence of North Richland Hills residents in the Police Department and its passage also indirectly confirmed confidence in City leadership and staff. • Standard and Poor's Rating Services raised its credit rating for North Richland Hills from `AA' to `AA +'. The `AA +' rating results in lower costs for municipal capital projects and improvements because it allows the City to borrow money at lower interest rates. • In June, the City was awarded the Governor's Community Achievement Award for efforts of the Keep North Richland Hills Beautiful Committee. This award came with a $250,000 grant from the Texas Department of Transportation that can be used for beautification efforts along state highways located within the city. • Ground breaking on the North Tarrant Parkway expansion program occurred in April. Completion of this project will take North Tarrant Parkway from a two lane road to a six lane boulevard for its entire length within North Richland Hills. This project is being performed in cooperation with Tarrant County and the City of Keller. Improved traffic flow and greater access to businesses in the northern sector of the community are two of the primary results of the project. Less congestion for residents and better access for businesses are the tangible results. iv ■ Mayor Oscar Trevino received the North Central Texas Council of Government's William J. Pitstick Regional Excellence Award in recognition for his efforts to improve the North Central Texas region. His receipt of the award was not only an honor to him, but also recognition of the things he has been able to accomplish on behalf of the City. His recognition put the City in a favorable light and attracted positive attention to North Richland Hills. ■ With the assistance of an economic development agreement, Prestige Ameritech opened its doors in March with a ribbon cutting attended by Governor Perry and numerous federal and state elected officials. Prestige Ameritech is the nation's largest manufacturer of surgical masks and its occupation of the former Kimberly Clark building on Iron Horse Boulevard brought new life and tax revenue back into this area of the city. While there has been plenty of dismal news over the past year, these are just a few examples of the positive news that has been occurring over the past year in North Richland Hills. By looking back at these successes it provides the confidence and encouragement to face the challenges of the upcoming year. The General Fund and other funds are proposed at this time to end FY 2010/2011 with a positive ending balance. City staff has developed a prioritized list of items to consider adding back into the budget. Compensation adjustments for our employees is one of these items. This prioritized list will be forwarded to the City Council prior to the Budget Workshop. Therefore, in spite of having less revenue with which to work than we have had for the past three years and in spite of expenditure increases beyond our direct control, we are submitting a balanced budget that does not require an increase in the tax rate. The City staff looks forward to discussing the Proposed Budget for FY 20101201' 1 with the City Council and making any necessary amendments before it is presented formally for approval. Respectfully Submitted, T4n� &�� Mark Hindman City Manager V Budget Overview Economic Overview Going into FY 2010/2011, North Richland Hills has been more fortunate than other areas of the country that have been significantly impacted by the recent recession. However since late 2008, the recession's negative toll on new construction and property values has impacted our local municipal revenue streams. Regardless, plans and actions set forth last year are beginning to show positive signs of an economic recovery as evidenced by: • A net increase in private sector employment of 203 employees • Stabilization of taxable sales in FY 2009/2010, after an 8% decline in FY 2008/2009 • A slight increase in FY 2009/2010 single family construction starts over FY 2008/2009 • The completion of 10 facade grant improvement projects through the BIG (Business Improvement & Growth) Program • A $0,000,000 dollar capital investment in 2010 to renovate and modernize North Hills Hospital • The occupancy of 220,000 square feet of space by Prestige Ameritech, with plans to employ 1,000 people by 2015 • The respective $1,000,000 commercial remodels of Kohl's Department Store on Precinct Line and Wal -Mart on Loop 820, both in 2010 The City continued to make progress on large, long term projects that are setting the stage for future growth. This progress is evidenced by the following activities: • Grand and Pulte Homes committing to develop all remaining 154 lots at Graham Ranch • The commencement of the North Tarrant Express project, ultimately reducing congestion along Loop 820 and SH 1211183 • The commencement of the North Tarrant Parkway widening project between Davis and Whitley Road (in Keller) increasing east/west accessibility to the City's northern sector • The planned construction start of the City's new recreation center located near the new Library • The ownership dispute settlement of the Calloway Creek Commercial Area, paving the way for future development • The continued redevelopment of the former Crossroads Shopping Center into the Shoppes at Crown Point We will continue to make progress in economic development in the coming year and to position ourselves for a full recovery. We have a bright future ahead. We expect that this region will continue to attract new industries and businesses due VI to the high quality of life we have maintained and the benefits we can provide to businesses. Vision: Goals and Values The North Richland Hills City Council is dedicated to making NRH the City of Choice to live, work and play. To accomplish this, the Council has adopted a strategic plan for the future and reviews and updates it biannually to respond to the changing needs in our community. The strategic plan provides a clear vision for the City's future. It is the roadmap that directs the City toward positive change and serves as the policy direction for City staff. In January 2009, Council met to review and update its goals. All eight goals were reaffirmed with some of the objectives tied to those goals modified to reflect the current reality. The next goals session is planned for January 2011. The FY 2011/2012 Budget will reflect that goals session. The Council goals and objectives also serve as a guide for developing the City's budget. All plans and projects for the corning year have been evaluated and prioritized based on meeting those goals. This is especially important given the City's limited resources. Current Council Goals include: 1. QUALITY COMMUNITY DEVELOPMENT & REVITALIZATION - strive to plan for the development of remaining vacant property and improve the quality of older areas and infrastructure. 2. EFFICIENT EFFECTIVE TRANSPORTATION SYSTEM - strive to provide improved traffic flow and mass transit opportunities for our growing community. 3. SAFETY & SECURITY - strive to be the safest community in Tarrant County and to be prepared for potential natural and man -made disasters. 4. FINANCIAL STABILITY - strive to get the best value for taxpayer dollars and to ensure that the City has the financial resources available to invest in community priorities. 5. POSITIVE CITY IMAGE — strive to maintain a positive City image and reputation for being a great community. 6. A SENSE OF COMMUNITY- strive to support programs and events that support our citizens and the community as a whole. Vii 7. TARGETED ECONOMIC DEVELOPMENT- strive to maintain and build our vibrant and diverse economic base. 8. LOCAL AND REGIONAL LEADERSHIP- strive to continue to build relationships among other cities and parties with similar interests, sit on committees that set the direction for our region and be proactive to influence the direction of key issues. As a supplement to these goals, the City Council established a set of core organizational values and assigned specific meaning to each value to inspire City employees to strive toward excellence in the provision of services to the City's citizens. These core values are: RESPECT • Treating others in a courteous, fair and equitable manner • Valuing differences: points of view, style • Honoring the organization's chain of command • Acknowledging successes and the contribution of others • Following up with feedback SERVICE • Providing services to our community and others • Solving problems • Helping the customer to understand • Sensitive to the needs and feelings of others • Taking action, providing a timely response PRODUCTIVITY • Producing results, completing projects on time, at or under budget • Planning work activities to achieve goals • Meeting or exceeding job standards and expectations • Looking for ways to be more productive while being cost effective INTFGRITY • Honest communication • Being trustworthy • Following through on commitments • Acting with high professional, moral and ethical standards • Supporting the City of North Richland Hills goals, values and decisions RESPONSIBILITY • Being knowledgeable and skilled in your job • Holding yourself and others accountable for actions and results • Being loyal and taking ownership in the City goals, values, services and departmental work program VIII • Taking pride in your work • Willingness to take command and initiative when appropriate INNOVATION • Looking for better ways to do your job • Willingness to learn • Being open to new ideas, new approaches • Willingness to take reasonable risks • Thinking creatively and evaluating options TEAMWORK • Participating and involving others in team efforts • Listening to and understanding the other's viewpoint • Willingness to cooperate with others and share resources • Fulfilling defined roles and responsibilities • Working and resolving differences and disagreements Employees illustrate the core values in their quality of work day to day. The core values campaign and employee recognition program continue to be a success. The program has been in place for over seven years and still gets a positive response. The Human Resources Department hosted the sixth employee recognition event in June 2610, and recognized Officer Gwen Kasterke, of the Police Department, as the Employee of the Year for the City of North Richland Hills. City Accomplishments The following is a brief list of the items the City has accomplished in FY 2009/2010 working towards meeting the Goals set by City Council. Quality Community Development & Revitalization 1. The Neighborhood Initiative Program has been expanded to give incentives to residents making exterior home repairs and to tackle larger home repair projects with the help of volunteers. 2. The comprehensive plan and corresponding ordinance text have been amended for the creation of two transit orientated districts (TODs ): Iron Horse and Smithfield. Plus, land within the Smithfield TOD has been rezoned in anticipation of new development. The City received a sustainable development grant from the North Central Texas Council of Governments for this work. 3. The tax increment financing district along Boulevard 26 (TIF #1) was expanded to include a larger section of Boulevard 26 and other commercial areas in the southern sector of the City. The expansion ix allows the key commercial districts in that area to be beautified with by burying utilities and making aesthetic improvements to intersections. Efficient Effective Transportation System 1. Work has begun on the North Tarrant Express, consisting of reconstructing Loop 820 and Highway 183 in North Richland Hills. TxDOT is nearing completion of land acquisition and technicians are surveying right of ways. 2. Traffic signals have been placed at the intersections of Bursey Road /Davis Boulevard, Rumfield Road /Precinct Line Road and Amundson Drive /Precinct Line Road to ease traffic flow during peak driving hours. 3. The expansion of North Tarrant Parkway has started. This will help congestion in the northern sections of the City. 4. The Boulevard 26 trail is being constructed off Rodger Line Road and Boulevard 26. This will extend the City's trail system and provide more pedestrian access to North Hills Hospital and retail redevelopment areas. Safety and Security 1. On May 8 th voters approved the Prevention District for 20 years. vote. continuation of the Crime Control and The measure passed with 88% of the 2. The City's first compressed air foam system (CAFS) pumper truck has been delivered to the Fire Department. The CAFS pumper increases the City's ability to fight fires because the CAFS system absorbs more heat than a traditional water system and allows fires to be extinguished quicker. 3. The Police Department began the Crime Victim Liaison Program. This program is a partnership with Richland Hills, Haltom City and Watauga that assists crime victims by alleviating the psychological and emotional trauma incurred as a result of crime and provides crime victims with written notices about their rights. 4. The City has seen positive growth in its Neighborhood Crime Watch and Crime Free Multi Housing programs. Five new apartment complexes have joined the Crime Free Multi Housing program since October and Neighborhood Crime Watch has grown by 3 %. x Financial Stability 1. Citing the City's consistently strong financial performance, Standard and Poor's Rating Services (S&P) raised its credit rating for North Richland Hills from `AA' to `AA +.' The `AA +' rating results in lower bills for municipal capital projects and improvements because it allows the City to borrow money at lower interest rates. Moody's Investor Services also recently reaffirmed the City's AA2 rating with their firm. 2. The City defeased $1.295 million of outstanding bonds with coupon rates ranging from 4.6 to 5.6 %. By paying off these bonds with high interest, the City saved $69,000 in interest expense in FY 266912010. The City will save a further $877,074 in FY 2010/2011 because of this action. 3. The Governmental Finance Officers Association presented the Budget and Finance Departments with awards. The Budget Department received a Distinguished Budget Presentation Award and the Finance Department received a Certificate of Achievement for Excellence in Financial Reporting. This is the 20 and 26 consecutive year respectively for those departments to win these awards. Positive City Image 1. Iron Horse Golf Course was voted the "Best Public Golf Course" by readers of Fort Worth, Texas magazine. 2. The City received an Energy Efficiency and Conservation Block Grant from the Department of Energy. The grant is used to make energy efficiency upgrades to city facilities, residences and businesses located within the City. 3. Keep NRH Beautiful was honored as one of 10 winners of the 2010 Governor's Community Achievement Awards for outstanding community improvement. The award is one of the most coveted annual environmental and community improvement honors in Texas. North received $270,000 as part of the Award for a landscaping project along a local state highway. 4. Multiple Guinness World Records were set at the NRH Public Library throughout FY 200912010. A Sense of Community 1. The new Recreation Center is being designed to meet LEED Silver accreditation. The new Center will bring banquet facilities and an indoor aquatic center to North Richland Hills. xi 2. A new initiative has started to bring churches, businesses and non profits together to share resource information and help NRH residents in need. 3. The City of North Richland Hills received the "Champions in Health Workforce Wellness Award" sponsored by the Health Industry Council of Tarrant County. The City received this award because of its continued commitment to wellness programs, individual wellness activities and future wellness program plans. Among new wellness programs offered in FY 2009/2010 was skin cancer screenings for city employees. 4. Stormy Plaza opened and "Weather" debuted. This new park and its central art piece introduced a more urban park concept to North Richland Hills and created a town green feel. 5. The Parks and Recreation Department added two signal boxes to its Signal Art Project. The two boxes, honoring Richland and Birdville High Schools, complete this distinct art project with a total of 14 pieces throughout the City. Targeted Economic Development 1. Prestige Ameritech relocated to North Richland Hills. Prestige Ameritech is the largest manufacturer of surgical masks in the United States. Governor Rick Perry visited the facility's grand opening. 2. The City's fagade improvement program, BIG, was adapted to encourage larger projects that create more "wow." 3. The City began to work with the Buxton Corporation to better advertise itself to regional and national retailers. Local and Regional Leadership 1. Mayor Oscar Trevino received the North Central Texas Council of Government's William J. Pitstick Regional Excellence Award. The Mayor was recognized for his ongoing commitment to improving the quality of life in our region. 2. The Mayor and City Council continued to sit on regional and national boards that set direction for local policy. This includes several National League of Cities' committees. xi i Fund Overviews Before moving into the details of the revised and proposed budgets, it is important to give an overview of the types of funds used in planning and accounting for the annual program of work to create a clearer understanding of the budget as it is reviewed. General Fund The General Fund is the principal fund of the City and is used to account for resources associated with core government services, such as police, fire, streets, library services, code compliance and building inspections. This is also the largest fund in the operating budget. Special Revenue Funds Special Revenue Funds are used to account for the proceeds of specific revenue sources that are restricted to expenditures for specified purposes. Special Revenue Funds include: Parks & Recreation Facilities Development Fund, Crime Control and Prevention District Fund, Promotional Fund, Donations Fund, Special Investigations Fund, Drainage Utilities Fund, Gas Development Fund and Traffic Safety Fund. Park and Recreation Facilities Development Fund Accounts for the accumulation and use of resources to build and improve City parks and recreation facilities, as well as economic development projects. Financing is provided primarily from half -cent sales taxes and intergovernmental revenues. Crime Control and Prevention District Fund Accounts for the accumulation and use of half -cent sales tax proceeds dedicated for crime prevention and reduction programs. Financing is provided primarily from sales taxes and investment income. Voters reapproved the Crime Control and Prevention District (CCD) for 20 years in May 2010. Promotional Fund Accounts for the operations and expenditures for which hotel /motel occupancy taxes are used. Occupancy tax revenues are used primarily to attract tourists and new businesses to the City. Donations Fund Accounts for the operations for which voluntary contributions by citizens are used. Contributions are used primarily to support library activities, the Animal xiii Adoption and Rescue Center, and special events /public art. The Donations Fund derives most of its revenue from contributions made through city utility bills. The contributions are allocated to the Library (65¢), Humane Services (65¢ ), and special events and arts (20¢). Special fnvesfigations Fund Accounts for the accumulation and use of resources from the forfeiture of contraband and certain other specialized police activities. Revenues for this fund are derived from federal and state forfeited funds and reimbursements from neighboring cities involved in the 800 MHz radio system and the automated fingerprint identification system (AFIS) program. Forfeited funds revenues are dependent on which cases go to court and whether or not a judge releases any funds to the City. These revenues fluctuate year to year depending on actual cases involving actual court awards; therefore making it difficult to predict the amount of funds that will be available for the following fiscal year. Drainage Utilities Fund Accounts for the monthly fees charged to residents and businesses to pay for the cost of storm drainage improvements throughout the City. Revenues are transferred to the Debt Service Fund to pay for principal and interest on bonds approved by voters for drainage improvements. Gas Development Fund Accounts for the accumulation and expenditures of resources from gas drilling and exploration on City owned property. Traffic Safety Fund Accounts for sources that will assist in various traffic safety areas. Enterprise Funds Enterprise Funds account for services that are funded directly through user fees. They are financed and operated similar to a private business in that the costs of providing goods and services are self- supporting. These funds include the Utility Fund, Golf Course Fund and Aquatic Park Fund. Utility Fund Accounts for the distribution of water, transportation of wastewater and solid waste removal services provided to the residents of the City. All activities necessary to provide such services are accounted for in the fund, including, but not limited to, administration, operations, maintenance, financing and debt service, and billing and collections. AV Aquatic Park Fund Accounts for the operation of NRH20, the City's public waterpark. All activities necessary to operate the park are accounted for in the fund, including, but not limited to, administration, park operations, park maintenance, and financing and debt service. Goff Course Fund Accounts for the operations of Iron Horse Golf Course, the City's public golf course. All activities necessary to operate the course are accounted for in the fund, including, but not limited to, administration, operations, course maintenance, and financing and debt service. Internal Service Funds Internal Service Funds are used to account for the financing of materials and services provided by one department to other departments on a cost reimbursement basis. Internal Service Funds are designed to clearly delineate the costs associated with these services. These funds include the Facilities /Construction Management Fund, Fleet Services Fund, Information Services Fund and Self Insurance Fund. FacilitieslConstruction Management Fund Accounts for building maintenance and repair services provided to numerous departments located at various sites throughout the City. Facility /Construction Management Fund operations are financed by charges to user departments. Fleet Services Fund Accounts for the maintenance, repair service, and replacement of vehicles and equipment provided to numerous departments responsible for the operation of city vehicles and equipment. Fleet Services Fund operations are financed by charges to user departments. Information Services Fund Accounts for the acquisition, maintenance, and support of computer and telephone, hardware and software. Information Services Fund operations are financed by charges to user departments. Seff Insurance Fund Accounts for the payment of substantially all claims except for fire insurance coverage and employee life insurance coverage. Self- Insurance Fund operations are financed by charges to user departments and employee contributions. xV 2009/2010 REVISED BUDGET As part of the regular annual budget process, some areas of the FY 2009/2010 budget require revision from the originally adopted level. Projecting revenues and budgeting expenditures can be difficult because they are being predicted up to eighteen months before they occur. This can mean adjustments are needed to update estimates to complete the fiscal year. One of the changes seen between the adopted budget and revised budget is the Appropriation of Fund Balance for prior year encumbrances in the revised revenues. This is generally for purchases or contracts that were obligated in FY 20 0812009, as approved by Council, but actually purchased, paid for and completed in FY 200912010. The most noteworthy budget revisions are explained per fund below. General Fund Revised 2009/2010 After evaluating the Tarrant Appraisal District Value Roll Change Report received after the certified roll last July, staff believes it is possible to revise Current Property Tax to include additional revenue. The revised budget column reflects a projected increase in property tax revenue of $168,988 or 1.21 %. The Oncor Energy electric franchise fee came in lower ($150,000) than originally projected as did the Atmos Energy gas franchise ($30,000). As a result, the projected revenue from Franchise Fees has been revised down to $3,633,445. The Utility Franchise Fee is driven by the amount of sales within the Utility Fund. Water sale projections have been lowered due to the wet winter and early spring. As a result of less revenue in the Utility Fund, the Utility Franchise Fees the Utility Fund pays to the General Fund are being lowered $35,709. Despite the continued downturn the economy, and several months of low collections, the City has seen a positive increase in sales tax receipts over the last several months. However, the sales tax receipts for this year will not come in as high as originally anticipated and are projected to be lower than Adopted by $195,233. Fines & Forfeitures are projected to be lower than anticipated in the FY 2009/2010 budget. The $273,800 decline in Municipal Court Fine revenue is directly related to a reduction in citations issued. The number of citations issued has been impacted by numerous factors including inclement weather, staffing shortages and reduced grant funding. Revenues from Licenses and Permits is higher than originally projected. This is directly related to gas drilling activities. The Planning & Inspections Department has issued 22 gas drilling permits through July 15 of FY 200912010. Revised Gas Drilling Permit revenues have been revised upward by $200,000. Excluding gas drilling permits, the projected Licenses and Permits revenues for FY 2009/2010 would be down $47,377 in relation to FY 2009/2010 Adopted. xui Under Charges for Service, Ambulance Fees are projected to increase $75,938. This is due in part to the new ambulance billing company collecting ambulance fees in a more timely manner and an overlap of collections from the new and old company. Athletic Revenues are projected to decrease $44,624 because softball league registration is trending low, not only for NRH but the entire region. This could be caused by a very wet winter league, the economy or a younger generation not being as interested in the sport as baby boomers. This trend may be cyclical but that cannot be determined without a few more years of data. Miscellaneous Revenues have also been projected to decline in relation to FY 2069/2010 Adopted. Interest Income is expected to decline $59,761. SRO Reimbursement (BISD) will decline by $13,665 as a result of a school resource officer retiring and the position not being filled. Under Appropriation of Fund Balance, Legal Settlement & Litigation increases to $196,301 due to a legal settlement of $92,566 and the need to offset an increase in litigation fees resulting from ongoing litigation. The Appropriation of Court Technology Funds of $232,885 is a planned draw down to fund the purchase of the replacement automated ticket writers for the Police Department, a planned FY 2009/2610 capital project. Also included in this figure are funds to purchase two replacement radar guns for the Police Department. Including all revisions made to the revenue budget, total Revenues are projected to be $38,932,584, an increase of $266,141 over Adopted. Revisions have also been made to the expenditure budgets. In addition to encumbrances from prior year rolling into the FY 2009116 revised budget, reductions to budgets were also made. During FY 2609110 the City Managers' Office eliminated an Assistant City Manager position. It was possible to do this as the former Assistant City Manager moved into the Director of Public Safety position which was a new position created from reclassifying the Police Chief position. The Police Chief position has been eliminated. Legal expenditures are projected to increase $300,006 for fees associated with ongoing litigation. The Municipal Court budget was revised to purchase two replacement radar guns for the Police Department, which is offset, as mentioned above, by the appropriation of Court Technology Fees. Prior year encumbrances increase departments operating budgets by $206,646. Some of the larger prior year encumbrances include the Council Chamber technology equipment reflected in the Communications budget and supplies for Public Works. The Reserve for Capital Projects has been revised down from $306,660 to $50,000. The $50,666 is for the Preventive Sidewalk Maintenance Capital xvii Program. The $92,500 increase to Legal Settlement is funded with an appropriation of fund balance. The planned transfers to Building Services and Equipment Services Funds will not be made because sufficient ending fund balance in General Fund to cover these transfers is not anticipated in FY 2009/2010. However, if at year end funds are available after all, the transfers will be made. The Revised 2009/2010 expenditure budget for the General Fund is $38,932,584. This is a $301,068 increase over the Adopted budget. Parks and Recreation Facilities Development Fund Revised 2009/2010 As with the General Fund, sales tax revenues are projected to be lower than FY 2009/2010 Adopted, $4,091,196 compared to $4,188,813. Interest Income is projected to continue to decline. It was revised down approximately $12,000 to $26,302. Youth Association Maintenance Fees are projected to increase by $28,500 to capture electricity usage charges to youth sports leagues. Park Impact Fees are projected to decrease $71,000 because the City has not experienced new construction to support what was included in the Adopted budget. Overall the revenue budget has been revised to $4,623,197, a decline of $116,696. For expenditures, Parks & Public Grounds reflects a decrease of $27,616 because salary savings from vacant positions more than offset prior year encumbrances. Debt Service has been revised down $129,391 due to defeasance of some existing debt. Reserve for Economic Development is projected to decrease since sales tax collections are anticipated to be lower than Adopted. This reserve is funded by 5% of sales taxes collected. The total revised expenditure budget is $4,623,197, a decrease from Adopted of $116,696. Crime Control and Prevention District Fund Revised 2009/2010 The largest revenue source in The Crime Control and Prevention District Fund budget is sales tax. Sales tax is projected to be lower by $348,438 because of two factors. Sales tax collections are lower than originally anticipated. Second, new legislation allows for the inclusion of utilities in the sales tax collection of CCD. The Adopted budget was based on this new sales tax going into effect in January, 2010. Due to the effective date of the law and the notification requirements that accompany it, the tax revenue stream will not go into effect until July, 2010. Franchise Tax revenues come from 1 % of the total 5% franchise fee received from Atmos Energy. The franchise payment received from Atmos Energy was lower than anticipated so Franchise Tax has been revised down to $20,672. The Loan from the Transition Fund is projected to increase by $311,497 to compensate for lower sales tax and franchise tax revenues. xviii Operating expenditures have been revised down by $74,422. This was possible due to salary savings in the Uniform Patrol division and Detention Services. The total revised expenditure budget for this budget is $4,376,342. Promotional Fund Revised 2009/2010 Excluding prior year encumbrances of $8,195, revenues remain flat for the Promotional Fund Revised FY 2009/2010 budget. Expenditures are anticipated to increase slightly in Economic Development due to prior year encumbrances. The total expenditure budget is $245,496. Donations Fund Revised 2009/2010 While there are decreases in Contributions in Water Sills and to the Shelter Fund, there are increases to Spay /Neuter donations as well as Santa Cops. Including an appropriation of fund balance of $13,320 for Night of Holiday Magic, Revised revenues are projected to increase $38,409 to $216,096. The majority of the increase to the revised expenditures is from a prior year encumbrance for Night of Holiday Magic. Total expenditures are revised to be $182,586. Special Investigation Fund Revised 200912010 Revenues from forfeited funds are dependent on which cases go to court and whether or not a judge releases funds to the City. These revenues fluctuate year to year depending on cases involving court awards; therefore making it difficult to predict the amount of funds that will be available for the following fiscal year. Due to this, total revenues are projected to increase by $179,480 over the Adopted FY 200912010. This primarily comes from an increase of $164,000 in the Forfeited Funds' revenues. There is also a $30,341 increase in 911 Telecom revenues which includes a reimbursement from Tarrant County 911 District. The reimbursement was not in place when the original budget was adopted. Including an appropriation of fund balance for prior year encumbrances, total revised revenues are budgeted at $436,401. Forfeited Funds expenditures are projected to increase $117,680. This is due to prior year encumbrances and additional costs of the Community Resource Coordinator. The Community Resource Coordinator's costs are reimbursed from a federal stimulus grant. There is also an increase in AFIS Maintenance & Equipment due to the upgrade of a T1 line and the replacement of the AFIS computer. As in revenues, 911 Telecom expenditures were not anticipated in the Adopted FY 2009/2010 budget. A $50,000 expense has been added to the Revised 2009/2010 budget for 911 Telecom expenditures, a portion of this will be reimbursed by Tarrant County 911 District for 911 recording system equipment. Total Revised expenditures are $436,401. Ax Drainage Utility Fund Revised 2009/2010 Interest income has been revised up by $3,601 in the revised budget and drainage fees have been projected to increase $4,000 bringing total Revenues to $852,698. The expenditure budget has been increased by $82,091 for bond defeasance and Other Expenditures have been increased by $5,710. Total Expenditures are projected to be $825,020, an $87,801 increase over Adopted. Gas Development Fund Revised 2009/2010 Bonus revenues are projected to increase over Adopted by $883,651 because of unanticipated leases signed this year. Drilling activity has picked back up with the increase in natural gas prices. Due to this, gas companies approached the City about leasing its remaining property. Royalties /Overrides have been increased by $35,662 due to tree mitigation fees related to pipelines being placed through some city parks. Total Revised revenues of $1,237,158 are $528,099 more than the Adopted budget. Expenditures have been revised to reflect a Transfer to Debt Service of $346,084. Originally the $346,084 was included in the Transfer to Capital Projects but was separated because of a change in philosophy. The City purchased commercial property in 2009. It was originally intended for the purchase to be made in cash. Instead the purchase was financed via a commercial loan due to low interest rates. An additional $337,938 was included in 2009 -2014 to providing funding for a new capital project established during the year. Traffic Safety Fund Revised 200912010 Gross Fine Revenues are projected to decrease from Adopted FY 2009/2010 by $258,468. This causes the Net Fine Revenues to decrease by $265,443 to $83,140. Half of the fine revenues, excluding allowable expenses, are required to go the State of Texas. This leaves the City with $41,570 in Net Revenues and $52,495 in available resources. Utility Fund Revised 2009/2010 Revised revenues are projected to decrease in Water and Sewer Sales. This is caused by the wet winter, spring and early summer we experienced in 2010. Because of consolidation of how the fund summary is now being reflected, the original Transfer from Water to Sewer will not be required. Total Revised revenues and Appropriation from Fund Balance are $24,057,115, a decrease of $1,508,067 from Adopted. As Water and Sewer Sales decrease so do the Purchase of Water and Sewer Treatment from the City of Fort Worth and Trinity River Authority. Water purchases and operations have been reduced by $750,069 and Sewer treatment xx and operations has been reduced by $648,561. Franchise Fee expenses are lower as a result of the lower revenues. A Transfer from Water to Sewer is no longer required. Total Revised expenditures are $24,057,114, a decrease of $1,508,067. Aquatic Park Fund Revised 2009/2010 Attendance figures have been revised from 270,000 to 257,479. As a result, Operating Revenues are projected to decrease $543,596. This decrease is the result of several weeks of wet, overcast weather in early July. Overall revenues are projected to decrease by $529,169 bringing total revised revenues to $4,226,174. Operating Expenditures are projected to remain relatively flat with decreases in reserve contributions in response to the decreased revenues. When revenues are down it is difficult to have a corresponding decrease in operating expenditures because even on overcast rainy days when attendance is down, the park still has to operate at a minimum level of staffing and has other costs associated with being open. Total revised expenditures are $4,226,174. Golf Course Fund Revised 2009/2010 A combination of the cold winter we experienced, rainy early summer and now extreme heat, round at the golf course have declined. The number of rounds is projected to decrease by 3,436 to 49,564. This has caused Green Fees and Carts revenue projections to decline $249,428. Pro Shop revenues, on the other hand, are projected to increase 5.0% to $403,453. In order to respond to the decline in revenues, it will be necessary to appropriate fund balance in the amount of $109,775. Total revenues, including the appropriation of fund balance, are projected to be $2,750,244. Operating expenditures are projected to decrease by $73,657. To further offset the decrease in revenues, payments of interdepartmental loans to the General Fund and Equipment are going to be delayed. Total Revised expenditures are $2,479,380. Facilities /Construction Management Fund Revised 2009/2010 Revenues remain flat with the exception of Interest Income which is projected to decrease by $15,264. The Transfer to the Capital Budget has been increased $87,602 for projects that are were planned for FY 2010/2011 but will commence in FY 200912010. There is a projected savings in the electric account that is being used to fund these projects. In the revised budget the Reserve for Rental Property has been established to keep rental property revenues and expenditures isolated from other operations. Also in the revised budget it is anticipated that revenues will exceed expenditures by $31,403 which has been reflected on the fund summary as an addition to the reserve for capital projects. xxi Fleet Services Fund Revised 2009/2010 Revenues are projected to change slightly due to a decrease in Investment Income and an increase in Other income. A savings in fuel purchases has been realized allowing $56,041 to be added to the Equipment Services Reserve. Information Services Fund Revised 2009/2010 The only revenue increase seen from Adopted FY 2009/2010 to Revised FY 200912010 budget is for an increase to Transmitter Lease income of $22,200 and interest income of $4,329. Expenditure increases are due to prior year encumbrances, including hardware, software and personal computers. It is anticipated that at year end $26,529 will be added to the Reserve for Systems Improvements. Self Insurance Fund Revised 2009/2010 Total Revenues are projected to increase $1,315,599 because of four contributing factors. The first of these is for expenditure reimbursement. The City self insures the health insurance plan; however, stop loss coverage is purchased to insure the plan against catastrophic claims. The stop loss carrier reimburses the City for any participant whose claims exceed $175,000 in a calendar year. This fiscal year, the City has received $542,090 in stop loss reimbursements. Second, the property insurance coverage carried by the City includes a $25,000 deductible. There have been two recent occurrences resulting in insurance claims. In April 2009 a fire damaged the Public Works dry materials storage building and this February damage occurred to city property from a snowstorm. As a result, $50,000 has been appropriated from fund balance to be transferred to capital projects that encompass the repairs and replacements associated with these events. In January 2010, the City Council approved the establishment of a Retiree Health Care Benefits Fund, in order to address GASB 45 requirements. Council provided for an initial one time transfer of $350,000 to this fund. In addition, Council approved annual contributions of $100,000 or 10% of excess insurance fund reserves, whichever is greater. The first year's calculation is $150,000. These transfers are to be funded through an appropriation of fund balance in the amount of $500,000. The City of North Richland Hills has experienced a higher cost of both medical and workers compensation claims during Fiscal Year 2009/2010. As a result, anticipated expenditures, excluding transfers, exceed adopted expenditures by $765,599. Due to this, it will be necessary to appropriate additional fund balance of $492,687 in order for the City to meet its financial obligations. xxii The Self Insurance Fund will experience increases to both Health /Medical and Workers' Compensation expenditures. Health /Medical expenditures are anticipated to increase by $799,999 and Workers' Compensation by $126,066. Both of these are due to a higher than expected level of claims. The Transfer to Capital Projects is for repairs to the Public Works dry materials storage material and damage from winter weather. The $500,666 Transfer to Retiree Health Care Fund is for the Retiree Health Care Benefits Fund Council created to meet GASB 45 requirements. 2010/2011 PROPOSED BUDGET The FY 2010/2611 Budget will continue to be tight as most of the major funds will see a decline in revenues. As many residents are cutting back and living within their means during these tough economic times, the City will have to do the same. The City will spend less and seek opportunities to improve its efficiency in order to maintain a balanced budget, while continuing to meet Council Goals and Objectives. Major Cost Increases As the population of the City of North Richland Hills grows, so does the quantity of goods and services needed to deliver municipal services, resulting in an increase in costs. Although the City continues to do everything possible to control its costs, there are some items that are anticipated to increase in the coming year. Health Insurance Claims ($479,299) Over the last two years, the City has experienced an upward trend of its health insurance costs. The City has a greater than average number of large claims over $25,000, medical inflation is on the rise, and due to the uncertainty with the passage of the Federal Healthcare Act, medical network discounts are lower than in previous years. With the increase in large claims, the City has received additional revenue from its stop -loss insurance carrier, but that revenue does not fully compensate for the increased costs. For FY 2010/2011 the City is projecting a 6.5 % increase to the health claims budget. Texas Municipal Retirement System ($293,478) Following this year's actuarial analysis, TMRS determined that the City's ultimate contribution rate will increase from 20% to 20.67 %. The City is allowed to phase in this increase over an 8 year period. Because of this the FY 2010/2011 contribution rate will increase from 15.90% to 17.26 %. To help offset increasing contribution rates, the City removed the Supplemental Death Benefit in 2616. xxiii Commodities Cost The City must account for costs of everyday materials. Below is a table showing anticipated changes in cost of those materials from FY 2609/2010 to FY 2010/2011. Major Costs Beyond personnel related expenditures, which will be discussed in a later section, the City has major costs spread across funds and departments. Some of the biggest costs include: 1. Water and Sewer Purchases ($12.024,304) - The City purchases water and sewer from the City of Fort Worth and the Trinity River Authority. Water purchases total $7,988,195 while sewer purchases total $4,036,109. 2. Emr)lovee /Retiree Medical. Dental and Prescription Claims ($7.784.731) - This includes payments made to medical providers by the Self Insurance Fund to pay for all medical expenses for the City's insurance plan participants. This item will be discussed further in personnel section of the Budget Summary. 3. Electricity ($2.164.125) - This pays for the electricity at all city facilities, parks, NRH20, Iron Horse Golf Course, public works facilities, street lights and other infrastructure. The cost of electricity is spread among Facility /Construction Management, Parks and Recreation, NRH20, Iron Horse, Public Works and Emergency Management. xxiv Unit Costs Unit Costs Cost Percent Commodity Current Projected Increase Increase Electricity per kWh 13.60 13.90 0.3 2% Gasoline per gallon $2.24 $3.00 $0.76 25% Petroleum -based Products Tires per tire Tahoe $107.00 $115.00 $8.00 7% Engine Oil per quart $1.38 $1.38 0 0% Asphalt per ton $50.28 $52.79 $2.51 5% Copper Tubing per LF 3 / `.` soft coil, type K $4.76 $5.24 $0.48 10% 1 " soft coil, type K $6.22 $6.84 $0.62 10% 2 " soft coil, type K $16.70 $18.37 $1.67 10% Cement per cubic yard 2000 psi $67.00 $70.35 $3.35 5% 3000 psi $85.00 $90.10 $5.10 6% Major Costs Beyond personnel related expenditures, which will be discussed in a later section, the City has major costs spread across funds and departments. Some of the biggest costs include: 1. Water and Sewer Purchases ($12.024,304) - The City purchases water and sewer from the City of Fort Worth and the Trinity River Authority. Water purchases total $7,988,195 while sewer purchases total $4,036,109. 2. Emr)lovee /Retiree Medical. Dental and Prescription Claims ($7.784.731) - This includes payments made to medical providers by the Self Insurance Fund to pay for all medical expenses for the City's insurance plan participants. This item will be discussed further in personnel section of the Budget Summary. 3. Electricity ($2.164.125) - This pays for the electricity at all city facilities, parks, NRH20, Iron Horse Golf Course, public works facilities, street lights and other infrastructure. The cost of electricity is spread among Facility /Construction Management, Parks and Recreation, NRH20, Iron Horse, Public Works and Emergency Management. xxiv 4. Preventive Street Maintenance ($800,000) — Funding for the 20 consecutive year of this program will continue at $800,000. General Fund will provide $700,000 and $100,000 will come from Preventive Street Maintenance reserves. Asphalt overlay will be applied to 5.63 lane miles of public roads and slurry seal will be applied to 4.84 lane miles of public roads. We expect that the overall street rating of 81 to remain the same due to this work. 5. Fuel ($569,000) — Fleet Services purchases fuel for all city vehicles and equipment. Fuel storage tanks are located at the Service Center and Fire Station #1. 6. Red Light Camera Contractor Payments ($548,762) — The City contracts with Redflex to operate and maintain the nine red light cameras located at seven intersections throughout the City. 7. Vehicle Replacement ($437,304) — The City will replace three police patrol vehicles from operating expenditures and three Public Works dump trucks through capital projects. 8. Medical Stop Loss Insurance Coverage ($409,631) — This premium is paid to the City's insurer to provide protection to the City's Self Insurance Fund against catastrophic loss. 9. Public Safety Radio Consortium Maintenance Contract ($396,787) — The City pays Motorola to maintain the public safety radio system that serves North Richland Hills and 10 other area members. The other members reimburse North Richland Hills for their expense. Expenditure Reductions Due to the reduction of revenues across most funds and increasing materials costs, reductions in other expenditures must be made in other areas for FY 2010/2011. Some of these reductions include: Personnel Changes ($168,538) A vacant School Resource Officer (SRO) position has been frozen through the end of FY 2010/2011. The position became vacant during the 2009/2010 school year. For the rest of the school year, the other SROs assigned to the middle schools and Career and Technology Center added those responsibilities. Due to the ease of that transition it was decided to freeze the open position. A Parks Supervisor and two Parks Maintenance workers funded under the General Fund will be reallocated to the Parks and Recreation Facilities Development Fund. The two vacant maintenance worker positions in the General Fund will be frozen. xxv Overtime Reductions ($99,596) Departments across the City are working to further reduce their overtime expenditures in FY 2010/2011. This will also lead to salary and TMRS savings. Citicable ($95,073) Midway through FY 2010/2011, Citicable will restructure. Citicable will continue to produce City Council and Planning and Zoning Commission meetings, Newsline, public service announcements and special projects. But Citicable will no longer film Northeast Chamber monthly luncheons, banquets, special events or Inside NRH. Web Design [$19,499] During calendar year 2009, the City's website received more than 500,000 visits by more than 225,000 unique visitors. In many ways the website serves as a "front door" to our community, providing many people with their first impression of North Richland Hills. The Proposed FY 2010/2011 budget includes funding to redesign the website and implementation of a "Content Management System." This system will allow designated city staff to manage the creation, modification, and removal of content from the website without needing the expertise of a webmaster on site. The website was last redesigned in 2005. This project is included in the Information Services Budget. Travel & Training ($1,881) Departments continue to maintain the reductions to travel and training implemented in FY 2009/2010. Memberships to professional organizations help keep the City abreast of innovative local programs. But these memberships come at a cost. Several departments have reduced either the number of employees who belong to organizations or the number of organizations their departments belong to. Property Values & Tax Analysis Net taxable value decreased this year. As of the July 2010 tax roll, net taxable values are approximately 3.9% less than last July and include taxable value on $20,049,853 of new construction. Excluding new construction, existing property decreased in value 4.5% from July 2009. While the decrease is unfortunate, net taxable values did not drop as much as originally forecasted. The average single family residence value in North Richland Hills was $150,862 in July 2009. The average value, based on the July 2010 certified tax roll, is $149,482. The estimated revenue to be generated from the net taxable value at a 99% collection rate is $20,327,879. The budget includes revenues to the Debt Service Fund in the amount of $4,925,000 to pay for bonds and certificates of obligation, $1,275,000 for public improvements in the Tax Increment Financing Districts, and $14,127,879 to the General Fund. The revenue to the General Fund increased because of a decrease to the debt service portion of the tax rate. xxvi The budget includes no changes to the current tax rate of 57¢ per $100 valuation. Similar to FY 200912010, this tax rate will be lower than the effective tax rate. The effective tax rate is the property tax rate necessary to produce the same amount of revenues as the prior year. The effective tax rate for 2010 -2011 is 60.3323¢. General Fund Proposed 2010/2011 The General Fund provides for the tax supported operations of the City. These include services traditionally thought of when referring to City operations such as Police, Fire, Streets, Library, etc. The major sources of revenue to this fund are sales taxes (representing 22% of General Fund revenues) and property taxes (representing 37% of General Fund revenues). In FY 201012011, revenues in the General Fund are projected to decrease from FY 2009/2010 adopted revenues by $915,471, or 2.4 %. The major changes are: Category FY 09110 FY 10111 Change Percent Property Taxes $13,913,663 $14,127,879 $214,216 1.5 Sales Taxes 8,377,626 8,223,511 (154,115) -1.8 Franchise Fees 3,822,480 3,765,000 (57,480) -1.5 Other Taxes 1,480,525 1,449,747 (30,778) -2.1 Fines & Forfeitures 2,418,000 2,265,000 (152,380) -6.3 Licenses & Permits 1,055,750 1,108,650 52,900 5.0 Charges for Service 3,282,231 2,894,822 (387,409) -11.8 Intergovernmental 2,628,721 2,356,659 (272,062) -14.2 Miscellaneous 1,125,647 997,284 (128,363) -11.4 Projected General Fund Property Tax revenue is up despite appraised values total property tax revenue being down. This is because adjustments have been made to the tax rate distribution with a greater portion directed to General Fund and less to the Debt Service Fund. Total Property Tax revenue, at 99% collection, is down $835,784 from FY 2009/2010 to FY 2010/2011. General Fund Sales Tax is projected at $8,223,511, a decrease of 1.8% from the FY 2009/2010 adopted budget. The overall net decrease to Taxes category is $28,157. Decreases in Fines and Forfeitures category is caused mainly by declines of $150,080 in Municipal Court Fines. The Fines and Forfeitures category declines $152,380. Licenses and Permits revenue is projected to increase by $52,900 to $1,108,650. This increase is due to a $90,000 increase in gas drilling permits. This is the single biggest increase within Licenses and Permits from FY 2009/2010 Adopted xxvii to FY 2010/2011 Proposed. Excluding gas permits, this category would have declined $37,100, or 3.5 %. The revenue projections for Charges for Service include facility rental fees, ambulance fees, athletic league revenue, special event revenues and other miscellaneous charges. Ambulance Fee revenues are expected to decrease from $2,188,586 to $1,814,176 because of a decline in ambulance runs and a higher percentage of those runs being made for North Richland Hills residents. NRH residents pay a lower percentage of costs than non- residents. The decline in revenues will be offset by a decrease in expenditures due to a lower commission to the new billing company and lower bad debt expense. Athletic Revenues are also expected to decrease $17,500 because softball registration is expected to continue to decline in FY 201012011. Staff does not know if this is a permanent trend or cyclical. Increases are expected in other parks and recreation associated fees. Overall this revenue category is expected to decrease 11.8 %, or $387,409. Miscellaneous revenue includes Interest Income, reimbursements and grant revenue. The decreases in Miscellaneous revenue is caused by a $145,290 decrease in Interest Income as the nation continues to see historically low interest rates. The decrease is also caused by a decrease in SRC] Reimbursement (BISD) of $29,884 because an SRO position was frozen during of FY 2009/2010. An Appropriation of Fund Balance of $164,500 will be loaned to the golf course for equipment purchases. This series of loans made by the General Fund to the Golf Fund will begin to by repaid after FY 2011/2012. Additionally, $300,000 has been appropriated for anticipated legal expenses associated with ongoing litigation. Departments will experience increased personnel costs because the full effect of merit increases given in FY 2009/2010 will not be felt until FY 201012011. TMRS contributions are also increasing, as are health insurance costs. Despite this, most departments have budgets that are at or below Adopted FY 2009/2010 levels. The City was not able to fund all departmental requests, but impacts to service levels are kept to a minimum when possible. Citicable will be restructured in March, 2011. This restructuring will lead to a cost savings of $95,073 in FY 2010/2011. The full year impact of the restructuring will result in savings of up to $143,175. Economic Development sees an increase of roughly $20,000 because salaries are continuing to be shifted from the Promotional Fund to the General Fund. Public Works decreased mainly because General Fund contribution to the Preventive Street Maintenance program will be reduced from $900,000 to $700,000. The remaining $100,000 will come from Preventive Street Maintenance program reserves. Parks & Recreation will decrease $264,324 primarily because xxviii a parks supervisor and two parks maintenance workers will be shifted to the Parks & Recreation Facilities Development Fund. Administrative Services of the Police Department will decrease $68,176 this is primarily a result of freezing an SRO position in FY 2010/2011. While the costs of the reduction from freezing this position is greater than $68,176 it is offset by increases from TMRS and health insurance. Emergency Management will increase $12,121 due mostly to Code Red costs moving in from Non - Departmental. The Fire Department has streamlined overtime to reduce expenses. The increase to Emergency Medical division of $156,407 is due mostly to the reorganization of Fire Fleet Maintenance. In FY 200812009, Fire Fleet Maintenance was moved to its own category (Fleet Services —Fire) and placed under Fleet Services. Beginning in FY 2010/2011, this operation will be moved to the Fleet Services Fund and funded by an allocation from the Fire Department. In order to take pressure off the General Fund in FY 200912010, the Building Services allocation was reduced and was offset by the utilization of Facilities/ Construction Management fund balance. Beginning in FY 2010/2011, the General Fund contribution has been restored to a level that will provide sufficient funds for a sustainable facility maintenance program. While the City has experienced cost increases in Non - Departmental for external audit fees, reductions in expenditures such as ambulance bad debt has resulted in a net decrease in expenditures. The $50,000 shown in Reserve for Capital Improvements is to fund the FY 2010/2011 Preventive Sidewalk Maintenance Program. A $164,500 loan will be made to the golf course for the purchase of equipment. The Golf Fund will begin to repay this and previous loans once its debt is retired, after FY 201112012. Total General Fund expenditures are forecast to be $37,653,672, a 2.5% reduction compared to FY 2009/2010 Adopted. Park and Recreation Facilities Development Fund Proposed 201012011 Sales Tax revenues are projected to decrease $77,058 between Adopted FY 2009/2010 and Proposed FY 2010/2011 budget. Interest Income also decreases $23,330 due to lower interest rates. Youth Association Maintenance Fees are expected to increase by $28,500 to properly account for the electricity costs charge to youth sports leagues. Park Impact Fees decrease $50,000 because development is not expected to pick up in FY 201012011. Overall, revenues will decrease from $118,742, or 2.5 %. Operating expenditures are increasing by $2234,381, to $3,104,275. This increase is mostly due to the reallocation of one Parks Supervisor and two Parks Maintenance Workers from the General Fund to the Park and Recreation Facilities Development Fund. Less is expended on Debt Service- Revenue xxix Bonds and COs because of retirement of debt and the defeasance that occurred in the prior year. Reserve for Economic Development was decreased from 5% of sales tax receipts to 2.5 %. Crime Control and Prevention District Fund Proposed 2010/2011 Projected Sales Tax for the CCD revenues will equal projected sales tax of the Park and Recreation Facilities Development Fund, $4,111,755. Beginning in 2010, the CCD is able to assess sales tax on utilities. Franchise Tax increases slightly to $101,250 because of anticipated growth from the gas franchise. Interest Income will continue to fall. No Loan from the Transition Fund is planned for FY 201012011. Savings of $15,751 are found in the Administration division because the Assistant City Manager position that had partially been allocated to CCD was eliminated in FY 200912010. Uniform Patrol increases are related to the full impact of merit increases in FY 2009/2010, TMRS and health insurance increases. The Public Safety Officers' benefits were also moved to that division from Technical Services. The PSO positions had been moved to Uniform Services previously but the benefit costs had inadvertently remained in Technical Services. Technical Services decreased because the allocation for the Technical Services Coordinator was adjusted to shift more costs to the Traffic Safety Fund. Communications increases because a dispatcher position frozen in FY 2009/2010 will be filled in FY 2010/2011. There is no planned transfer from CCD to General Fund in FY 2010/2011. Promotional Fund Proposed 201012011 Revenues, excluding Appropriations of Fund Balance, will remain stable from Adopted FY 2009/2010 to Proposed FY 2010/2011 budget. Expenditures will decrease slightly as positions in the Economic Development Department continue to shift to the General Fund as planned. In future years, positions will continue to be moved at 25% of an employee each year until all personnel costs are out of the Promotional Fund. Donations Fund Proposed 201012011 The Donations Fund derives most of its revenue from contributions made through city utility bills. The contributions are allocated to the Library (65¢ ), Humane Services (65¢ ), and special events and arts (20¢ ). While NRH Water Bill Contributions are expected to remain stable in FY 2010/2011, Shelter Fund Contributions are expected to decrease by 36.7% to $9,500. Spay /Neuter Donations are expected to increase by 87.5% to $15,000. Santa Cop Donations are now included in the Donations Fund. In FY 2010/2011 Santa Cop Donations total $11,576. Library Book Sale Proceeds are expected to increase by $6,800. Overall, Total Revenues are expected to increase by $24,398. xxx Expenditures for the Library Book Collection will remain stable, as will Critter Connection and Keep NRH Beautiful. Expenditures for Parks Special Events and Arts will decrease by $19,500. These expenditures were directly related to relocation of Night of Holiday Magic to NRH20. There are also new expenditures for the Police Department in the amount of $12,950, which includes Santa Cops and the DARE scholarship. Special Investigations Fund Proposed 2010/2011 Revenues for this Fund are derived from Federal and State forfeited funds and reimbursements from neighboring cities involved in the automated fingerprint identification system (AFIS) program. It is estimated that the City will be awarded $100,500 in forfeited funds in FY 2010/2011. Forfeited Funds' revenues are dependent on which cases go to court and whether or not a judge releases any funds to the City. These revenues fluctuate year to year depending on actual cases involving actual court awards; therefore making them difficult to predict. Also included is an appropriation of fund balance of $267,183. These are forfeited funds that have been awarded in past years, but not expended. The proposed total expenditures of $384,100 include money for the Family Resource Coordinator, an upgrade to the automated fingerprint system and participation in the AFIX Tracker 5. AFIX Tracker 5 will allow fingerprint comparison for minor offenses and warrants for 14 local agencies as well as serious offenses sent to the State's system. Drainage Utility Fund Proposed 2010/2011 This Fund accounts for the monthly fees charged to residents and businesses to pay for the cost of storm drainage improvements throughout the City. Revenues are transferred to the Debt Service Fund to pay for principal and interest on bonds approved by voters for drainage improvements. Budgeted debt service transfers for FY 2010/2011 are $897,627. This is an increase of $160,408 and is a result of debt issued for drainage projects Gas Development Fund Proposed 2010/2011 It is not expected that the City will sign new gas leases in FY 2010/2011. The City does expect to begin to receive royalties as several of its properties are being accessed by active gas wells that are now connected to transmission lines. Because of this Royalties' revenues are expected to increase by $100,000. Additional revenues in this fund include $39,879 in interest income and an appropriation of fund balance of $439,881. The appropriation of fund balance will be used to fund the debt service of a commercial loan obtained by the City for strategic land acquisitions. xxxi Traffic Safety Fund Proposed 2010/2011 Gross red light camera fine revenues of $750,000 are anticipated from nine cameras located at seven intersections along Rufe Snow Drive and Davis Boulevard. After deducting contractor payments and program administration expenditures of $720,140, the proposed net fine revenues are $29,860. Per State law dictates these net revenues must be split 50150 with the State, leaving $14,930 available for traffic safety activities and projects in the City. Included in the City's administration costs beginning in FY 2010/2011 are three part time police officers. These officers will be responsible for monitoring the red light camera violations and reviewing video to ensure a violation exists. They will also attend the red light hearings. The addition of these officers is expected to have a positive impact on the overtime of existing police personnel. No Traffic Enforcement expenditures are planned from this fund in FY 2010/2011. A part time Lead School Crossing Guard will be added as part of the Pedestrian Safety program, funded by the City's share of the net revenues. Expenditures are projected at $12,969 for this program. After this expenditure, a balance remains of $7,162. Utility Fund Proposed 2010/2011 Water sales and charges generated from the North Richland Hills system for FY 2010/2011 are projected to be $16,132,282, a 1.1% increase from Adopted FY 2009/2010. The increase compared to FY 2009/2010 adopted is in anticipation of a normal rain year plus the impact of the water and sewer rate increases from Fort Worth and the Trinity River Authority. Sewer sales and charges are projected to be $8,120,024, an increase of $73,491, or 0.9 %, over adopted FY 200912010. Utility operations are greatly affected by the amount of rainfall that occurs; dry years show large increases in water sales and vice versa. Fiscal year 2005/2006 was near drought conditions, 2006/2007 was unseasonably wet while FY 2007/2008 was dry again. FY 2008/2009 was normal and FY 200912010 is slightly wet so far. Water sale projections are based on a five year rolling average. By doing this high and low years are balanced against each other. A project was included in the FY 2009/2010 Capital Projects Budget for an impact fees study and utility rate study to be performed. This project has not yet been concluded, but is anticipated to impact rates during FY 2010/2011. Total Utility Fund operating revenues are projected to be $25,220,085 which is a $107,836 increase from the FY 200912010 Adopted budget. Total operating expenses are projected to be $234,055 less FY 2009/2010 Adopted. Included in the budget is $12,024,304 in water and sewer treatment costs charged by the City of Fort Worth and the Trinity River Authority (TRA). The costs paid to Fort Worth and the TRA represent 56% of operating xxxii expenditures in the Utility Fund budget. The debt service payment of $565,286 is a decrease of $7,809 from the previous year. This payment follows the debt service schedule and was planned. Aquatic Park Fund Proposed 2010/2011 Operating revenues of $4,464,725 at NRH2O are projected at $188,871 less than the FY 2009/2010 Adopted budget. This decrease is a projection based off of the 2010 projected attendance, and is $354,725 more than the FY 2009/2010 Revised Budget. It is estimated that there will be 265,000 visitors to the park in 2011. After including investment income, donations and other non - operating revenues, total revenues for the Park are $4,555,690 for the adopted budget. Much like the Utility Fund, the Aquatic Park Fund must also project revenues for seasons that fluctuate from year to year. Projected expenditures of $4,508,826 include $3,235,458 in operating expenditures, $559,106 for debt service, $124,343 in indirect costs, and $114,919 in various other non - operating costs. The Reserve for Future Infrastructure is projected to continue at $425,000. Due to revenue constraints, the Reserve for Future Park Expansion is budgeted at $0. The insurance reserve will be maintained at $50,000. Golf Course Fund Proposed 2010/2011 The Golf Course is projecting net revenues of $2,599,466, a decrease of $13,766 to the Adopted FY 2009/2010 budget. Green fee revenues are expected to be slightly higher in FY 2010/2011 than in last year's adopted budget. The $21,924, or 1.8 %, increase is due partially to a higher projected number of rounds, up 1,000 to 54,000. Included in the revenues is a loan from the General Fund for the replacement of course maintenance equipment in the amount of $164,500. This loan will assist the Golf Course in establishing the needed equipment replacement schedule to keep the mowing and other maintenance equipment in good, reliable operating condition. The loan will not begin to be repaid until 2012, at which time the existing Golf Course debt service will decrease by almost $550,000. Expenses including operating expenses, the previously mentioned equipment replacement, debt service, inter -fund loan payments and reserves total $2,543,398. Pro Shop expenditures decrease 35% in FY 2010/2011 because salaries were partially moved from this category to General & Administrative to better reflect costs. The capital operating expenditures of $164,500 includes funds to purchase ground maintenance equipment. The inter -fund loan payments include a payment to the Utility Fund for $50,112 that is a scheduled payment for water well work completed prior to 1997. xxxiii Facilities /Construction Management Fund Proposed 201012011 The total proposed budget of $2,109,424 includes operating expenses of $2,076,712. The rental property program was introduced in FY 2009/2010 to better track expenses related to rental housing located around City Hall and is budgeted at $56,910. Total expenditures reflect a decrease of 14.1% from the FY 2 009/2010 Adopted budget for total expenditures, including the rental property program. The expenditures for FY 2010/2011 are greatly reduced in comparison FY 2009/2410 Adopted budget. This is due to the fact that there is no Transfer to Capital Budget in FY 2010/2011. During the course of FY 200912010, operational and capital project savings were identified. These savings were used to accomplish many of the small projects planned for FY 2010/2011 during FY 2009/2010. Capital projects were created for those larger projects that could not be completed during FY 200912010. Those projects appear in the FY 2009/2010 Revised Capital Project budget and are funded from capital projects savings. Fleet Services Fund Proposed 2010/2011 Expenditures of $2,171,884 include operational costs of $2,161,849 to maintain equipment, equipment purchases of $152,304 for police vehicles and make ready. Included in the public safety equipment purchases are three police vehicles. This Fund provides for fleet operations and maintenance and equipment replacement for all City vehicles. Each department that has vehicles or equipment pays its pro -rata cost for operations and maintenance of the equipment. Beginning in FY 2010/2011, the Fire Maintenance operations that were previously in the General Fund, will be moved to the Fleet Services Fund and funded through an increase in Fire Department's vehicle allocation. Information Services Fund Proposed 201012011 The Information Services Fund pays City wide expenses associated with the operation and maintenance of major computers, microcomputers, data network, Geographical Information System, and telecommunications services. Departments pay their pro -rata share of these costs. The Information Services budget totals $2,541,700, which is a $215,727 decrease from FY 2009/2010 Adopted budget. The decrease is due primarily to a reduction in replacement personal computers throughout the City. The City will replace 35 personal computers this fiscal year, compared to 75 planned in FY 2009/2010. Funding for this Fund comes from allocations to user departments for the technology they use. Charges for service total $2,225,597. Additional revenue is derived from interest income, transmitter leases, a transfer from the Utility Fund and a planned appropriation of fund balance. xxxiV Self Insurance Fund Proposed 2010/2011 The Self Insurance Fund pays for City wide expenses related to major medical coverage for employees, workers compensation coverage, property and general liability coverage, life insurance and all administrative expenses associated with this program. The Self Insurance Fund budget for FY 2010/2011 meets all expected expenses. The budget for health /medical is $479,299 more than FY 2009/2010 Adopted, a 6.6% increase. Employees will also experience an increase in their premiums which will be discussed later in the Overview. Overall the Adopted FY 2010/2011 Self Insurance Fund will see a $374,941 increase in expenditures for all insurance purposes from the FY 2009/2010 Adopted budget. This is inclusive of a $100,000 Transfer to the Retiree Health Care Fund. Focus on Maintaininq Core Employee Benefits Over the last two years, North Texas cities have seen a drop in sales tax revenue, decline in property values and high unemployment, all of which has led to significant reductions in overall revenues. Also putting a strain on city budgets is the steady growth in personnel costs, specifically, health insurance and employee retirement. For the second year in a row, proposing a balanced budget is a challenge. Employees will be asked to absorb increases in health insurance costs and forego salary increases. Along with employees, the City is contributing a greater amount of financial resources to maintain a competitive and financially sound benefits package by increasing the funding to the City's health insurance plan as well as for employee retirement. Staff is keenly aware of the potential negative impact that next year's proposed budget may have on employees. In summary, the priorities for FY 2010/2011 were to maintain a competitive medical plan as well as continue participation in the City's retirement system with the same level of benefits as offered in FY 200912010. Pay Range Adjustments FY 2010/2011 Due to economic considerations, a market adjustment is not included in the FY 2010/2011 budget. The Human Resources Department will conduct a survey of the benchmark cities next fiscal year to keep track of NRH's competitiveness in the market; however, the recommendation is that funds not be allocated to provide adjustments to the pay ranges for next fiscal year. As always, future adjustments will be made in accordance with market movement and financial considerations. Merit Pay Program for FY 201012011 With the continuing decline to the City's revenues, for FY 2010/2011 staff is recommending a temporary suspension to the Merit Pay Program. This recommendation was not taken lightly and was made only after reductions in other areas were exhausted. While many cities suspended their merit pay programs in FY 200912010, North Richland Hills employees achieving an XXXV acceptable rating on their performance evaluation received a 2% merit increase. City staff anticipates reinstatement of the full Merit Pay Program as soon as the financial condition of the City improves. Stability Benefit Program The Stability Benefit Program, which was suspended in 2009 -2010, has been included in the Proposed FY 2010/2011 budget. The stability benefit is provided to all full -time employees in December of each year, once they have completed a minimum of three years of continuous service. Employees with three or more years of continuous service are eligible for a lump sum payment of $375 for three years of service up to a maximum of $1,275 paid to employees with fifteen years of service or greater. In light of the City's fiscal inability to implement a Merit Pay Program in the 2010 -2011 Proposed Budget, City Council has instructed staff to include a one time Stability Benefit of $250 for employees who have not reached three years of service. Attendance Benefit Program Beginning October 1, 2010, the City of North Richland Hills implemented an attendance benefit for employees that that utilize 40 or less hours of sick leave during the course of each fiscal year. Depending on the level of sick leave utilization, employees may be eligible to receive a one time payment of up to $300. Payment of this benefit will occur in late November or early December each year that sufficient money is available to fund the program. Employee Health Insurance for Plan Year 2011 Over the last 20 months, the City has been monitoring a steady upward trend of its health insurance costs. For the second year in a row, the City has seen a greater than average number of large claims over $25,000. In addition, medical inflation is on the rise, and due to the uncertainty with the passage of the Federal Healthcare Act, medical network discounts are lower than in previous years. Through June 2010, 24 claims exceeding $25,000 have been paid by the City's Self Insurance Fund for a total of $2.2 million. The average cost per large claim over $25,000 is approximately $93,000 which is an increase of over $15,000 compared to FY 2008/2009. Medical network discounts are approximately 47% compared to prior years where the plan averaged 50 %. The City has stop -loss coverage for individual claims exceeding $175,000. With the increase in large claims, the City has received additional revenue from its stop -loss insurance carrier. Year -to -date the City's stop -loss insurance carrier has paid approximately $540,000. This additional revenue has helped to offset the actual losses to the Self Insurance Fund. Due to the higher than expected claims cost, the City increased its anticipated health claims budget for FY 2009/2010 by $800,000. For FY 2010/2011 the City originally projected a 13% increase to the health insurance budget. Based on the most recent claims experience and actuarial analysis, this increase to the budget would not be sufficient to fund next year's xxxvi health insurance costs. The Human Resources Department has worked closely with the City's Benefit Review Committee to make plan design changes for the second year in a row to decrease the City's cost for health insurance. Proposed plan design changes effective January 2011 include: (1) increasing deductibles, (2) increasing out -of- pocket maximums, (3) lowering co- insurance amounts for out -of- network treatment, and (4) reducing the number of plan options from two traditional and one high deductible plan to one traditional and one high deductible plan. Along with the plan design changes, monthly medical premiums paid by employees and retirees will increase 4 %. As in the past, the health plan changes proposed to Council for FY 2010/2011 continue the cost - sharing philosophy of an 80124 split between the City and plan participants. The City will continue to proactively monitor and address health care costs through appropriate plan design changes, as well as employee wellness education and prevention efforts. Texas Municipal Retirement System Every year TMRS performs an actuarial analysis of the City's plan. This analysis sets the contribution rate for the upcoming year. The City's contribution rate is impacted by the demographics of its workforce as well as the level of benefits offered to employees. In May of this year the City received its contribution rate letter which shows an increase to its ultimate contribution rate from 20% to 20.67 %. To allow cities the opportunity to identify long -term funding options, the TMRS Board allowed cities to phase -in the contribution rate increase over a period of eight years. The phase -in period will end in 2016. Council approved the City's adoption of the eight -year phase -in in 2009 and 2010. To continue with the eight -year phase -in option with the same level of benefits, the 2011 contribution rate will increase from the FY 2009/2010 rate of 15.90% to 17.26 %. Beginning in 2010, the City removed the Supplemental Death Option which provided employees with a term life insurance policy equal to their annual salary. Staff is proposing that the City continue with the eight -year phase -in option. Staff is not recommending reinstatement of the Supplemental Death Benefit in 2011. Financing For Fiscal Year 201012011 The Proposed FY 2010/2011 budget is balanced and sound. Overall, the budget will result in the continuation of core functions at the same high level of service, while some ancillary services are reduced in reaction to the current economic times. The Proposed FY 2010/2011 budget is based on maintaining the current 57¢ property tax rate. If approved by Council, this will be the 18 consecutive year for maintaining the current tax rate. Sales tax revenues are projected to be higher next year than experienced this year, but they will not reach the levels projected in the Adopted FY 2009/2010 budget. Sales tax is a significant revenue source in three funds: General Fund, xxxvi i Parks & Recreation Development Fund and Crime Control & Prevention District Fund. It is expected that the City will collect $16,447,021 in FY 201012011, which is $401,460, or 2.5 %, higher than FY 2009/2010 revised projection, but $239,828, or 1.4 %, less than originally expected. A significant portion of this increase is directly attributable to the full year impact of sales tax on utilities in CCD. A utility rate study is currently being conducted to determine what water and sewer rates are needed to meet the revenue requirements for the system's operation and maintenance costs. That study should be complete prior to October 1, 2010, but is not available at this time. Once the study is complete it will be brought to City Council for review. In addition to the City's rates to maintain infrastructure, the City must also pass on rates from its water providers (City of Fort Worth and Trinity River Authority) to customers. The City anticipates an increase in the Fort Worth /Trinity River Authority water pass through rates in FY 201012011. At this time, the City does not know if sewer rates will increase. Costs associated with payments to Fort Worth and TRA are not controllable by the City, and therefore are calculated separately. NRH20 decides its admission prices the December preceding each operating summer. In the past three years, regular daily admission fees to the water park have increased $1 per year. NRH20 offers discounts to North Richland Hills residents to combat these rising prices. Iron Horse Golf Course expects to keep rates the same in 2011. The City will continue to receive grants across several funds and departments to fund specific programs and services. Some of the largest grants include funds from federal stimulus legislation, the Department of Housing and Urban Development and for emergency management. These grants will continue to fund projects in FY 2010/2011. The City of North Richland Hills has been directly awarded $756,272 from various federal agencies through the American Recovery and Reinvestment Act (ARRA) of 2009. The City is also the subrecipient of an additional $1,026,565 in ARRA funds. Programs funded with this money range from the Family Resource Coordinator in the Police Department, the City's Energy Efficiency and Conservation Block Grant Program, the Calloway Creek Trail and the Rufe Snow Signal Adaptive System. North Richland Hills is a CDBG entitlement community. Community Development Block Grants fund infrastructure rehabilitation projects and housing rehabilitation projects in the City. The City's current CDBG infrastructure project is the rehabilitation of Honey Lane. This is a multi -year project because the City's entitlement has decreased over the past few years and one year's funding xxxviii cannot cover all costs. The City does not know what its CDBG funding will be in FY 2011/2012 because the 2010 Census will determine new funding allocations. The City of North Richland Hills Office of Emergency Management continues to seek grant opportunities and this year the City accepted $11,883 for Community Emergency Response Team (CERT) training. Grant monies are still being used to enhance the explosive response team and the hazardous materials response team with $568,285 in grant funded equipment purchases. Summary and Conclusion This budget is presented with the help of department directors, Finance and Budget Departments and city management. All have worked preparing a balanced budget, maintaining a stable tax rate and implementing the City Council's Goals and Objectives. This budget could not be presented without the help of all parties. The City Council should also be commended for its leadership and vision. The Council's Goals and Objectives are the driving force that ensures the City will continue to maintain the high quality of life that our residents enjoy. This year's budget was especially difficult to prepare second year of declining revenues. Staff believes thi s continues to make investments into the City's future. because it is now the budget is sound and xxxix FISCAL YEAR 2010 -2011 SCHEDULE 1 - SUMMARY OF REVENUES AND EXPENDITURES Cd41►141:7►111111111H ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2007108 FY 2008109 FY 2009/10 FY 2009110 FY 2010111 REVENUES Taxes $26,642,995 $27,270,506 $27,594,294 $27,325,044 $27,566,137 Fines & Forfeitures 2,394,919 2,677,901 2,418,000 2,121,200 2,265,620 Licenses & Permits 1,863,271 1,140,070 1,055,750 1,208,373 1,108,650 Charges for Service 2,496,786 3,020,051 3,282,231 3,303,358 2,894,822 Intergovernmental 3,139,268 2,625,366 2,628,721 2,628,721 2,356,659 Miscellaneous 920,983 965,291 1,125,647 1,017,756 997,284 Sub -Total Revenues $37,458,222 $37,699,185 $38,104,643 $37,604,452 $37,189,172 Appropriation from Fund Balance Legal Settlement & Litigation $0 $112,308 $0 $196,301 $300,000 Insurance Reserves 0 47,589 115,800 115,800 0 Golf Course Loans 0 168,064 392,000 392,000 164,500 Retirement Conversion 0 100,000 120,000 120,000 0 CCD Designated Reserves 0 200,000 0 0 0 Court Technology Funds 0 0 0 232,885 0 Utility Assistance Program 0 0 0 64,500 0 Previous Year Encumbrances 0 590,474 0 206,646 0 Sub -Total Appropriations 0 $1,218,435 $627,800 1,328,132 $464,500 TOTAL REVENUES $37,458,222 $38,917,620 $38,732,443 $38,932,584 $37,653,672 EXPENDITURES City Council $84,535 $102,659 $126,318 $126,318 $126,146 City Manager 559,135 542,214 510,879 427,249 431,148 Communications 544,040 472,116 493,646 512,762 398,923 City Secretary 435,167 433,149 498,448 499,737 498,442 Legal 249,869 388,953 347,884 647,884 647,718 Human Resources 116,911 111,183 103,678 109,678 118,433 Finance 798,302 850,826 738,395 747,516 717,285 Budget & Research 318,366 350,133 360,094 360,094 360,083 Municipal Court 1,163,551 1,217,321 1,217,283 1,234,796 1,239,262 Planning and Inspections 1,019,389 1,002,554 909,329 909,329 912,681 Economic Development 111,342 165,814 179,995 179,995 202,413 Library 1,803,813 1,819,967 1,912,924 1,918,368 1,922,842 Neighborhood Services 1,429,315 1,414,354 1,576,225 1,585,422 1,582,055 Public Works 3,414,340 3,277,452 3,611,554 3,622,766 3,356,505 Parks & Recreation 2,592,714 2,482,675 2,645,257 2,643,178 2,380,933 Police 10,375,187 10,218,530 10,063,064 10,101,695 10,263,785 Emergency Management 332,502 358,329 766,207 788,383 778,328 Fire 9,116,349 9,116,813 9,284,333 9,310,208 9,440,887 Building Services 628,288 641,893 491,893 491,893 702,973 Non - Departmental 1,169,072 1,280,499 1,786,310 1,841,884 1,341,776 Sub -Total Departments $36,262,187 $36,247,434 $37,623,716 $38,059,155 $37,422,618 Reserves & Other Expenditures Reserves $976,647 $547,589 $615,800 $388,929 $66,554 Golf Course Loans 162,000 168,064 392,000 392,000 164,500 Legal Settlement Sub -Total Reserves and Other 0 1,138,647 112 308 827,961 0 $1,007,800 92 500 873,429 0 231,054 TOTAL EXPENDITURES $37,400,834 $37,075,395 $38,631,516 $38,932,584 $37,653,672 BALANCE $57,388 $1,842,225 $100,927 $0 $0 FISCAL YEAR 2010 -2011 SCHEDULE 2 - SUMMARY OF REVENUES Cd41►141:7_1111111111H TAXES Current Property Taxes Delinquent Property Taxes Penalty and Interest Franchise Fees Utility Fund Franchise Taxes Sales Taxes Mixed Beverages Payment in Lieu of Taxes Sub -Total FINES AND FORFEITURES Municipal Court Fines Library Fines Warrant & Arrest Fees Sub -Total LICENSES AND PERMITS Building Permits Electrical Permits Plumbing Permits Mechanical Permits Gas Drilling Permits Miscellaneous Permits Apartment Inspection Fees Curb & Drainage Insp. Fees Re- Inspection Fees License Fees Contractor Registration Fees Plan Review /Application Fee Animal License /Adoption Fees Animal Control Impoundment Crematorium Revenues Auto Impoundment Fees Food Service Permits Food Managers School Fire Inspection /Alarm Fees Publicity Fees - Recreation Sub -Total ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2007108 FY 2008109 FY 2009/10 FY 2009110 FY 2010111 $12,255,130 $13,678,934 $13,913,663 $14,082,651 14,127,879 217,299 100,158 150,000 150,000 150,000 172,332 148,199 115,000 127,000 115,000 3,913,185 4,008,020 3,822,480 3,633,445 3,765,000 691,338 706,825 718,464 682,755 711,547 8,876,924 8,154,321 8,377,626 8,182,393 8,223,511 161,783 117,757 130,000 112,200 120,000 355,004 356,292 367,061 354,600 353,200 $26,642,995 $27,270,506 $27,594,294 $27,325,044 $27,566,137 $2,068,625 $2,301,822 $2,038,000 $1,764,200 $1,887,920 67,216 76,923 80,000 75,000 82,000 259,078 299,156 300,000 282,000 295,700 $2,394,919 $2,677,901 $2,418,000 $2,121,200 $2,265,620 $868,208 $282,368 $330,000 $300,000 $310,000 41,947 22,880 21,000 24,000 24,000 63,076 45,376 36,400 43,000 49,500 74,768 74,289 65,000 47,000 50,000 32,000 54,929 20,000 220,000 110,000 124,873 110,089 78,550 75,650 75,650 86,560 91,255 85,000 92,000 92,000 80,342 21,964 5,200 1,003 1,000 3,686 1,884 3,900 1,000 1,000 16,824 17,181 18,000 21,000 21,000 84,558 85,216 75,000 70,500 70,500 76,161 22,305 14,000 8,000 2,500 47,728 50,211 42,200 46,000 49,000 52,916 46,597 55,000 55,000 57,000 8,640 5,495 8,000 3,500 2,000 17,812 14,955 15,000 12,000 12,000 106,633 112,336 102,000 120,000 11 0,000 25,977 24,875 25,000 23,000 23,000 18,850 21,799 24,500 13,720 15,500 31,712 34,066 32,000 32,000 33,000 $1 ,863,271 $1,140,070 $1,055,750 $1,208,373 $1,108,650 FISCAL YEAR 2010 -2011 SCHEDULE 2 - SUMMARY OF REVENUES :�3�►1�:7_1�1�J�1� CHARGES FOR SERVICE Park Facility Rental Recreation Center Rental Ambulance Fees Garbage Billing Contributions Recreation Fees Cultural Arts Athletic Revenue Recreation Special Events Planning & Zoning Fees Sale of Accident Reports Vital Statistics Mowing Sub -Total INTERGOVERNMENTAL Indirect Costs: General CIP Utility Fund Park & Rec Facilities Dev. Corp Crime Control District Aquatic Park Fund Direct Costs: General Fund Police Salaries Gas Development Fund Sub -Total MISCELLANEOUS Interest Income Radio Reimbursement Sale of City Property Grant Proceeds -Grim. Justice Grant Proceeds -CDBG Overtime Reimbursements Tax Attorney Fees Other Income SRO Reimbursement (BISD) Sub -Total ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2007108 FY 2008109 FY 2009/10 FY 2009110 FY 2010111 $9,521 $10,935 $6,500 $11,031 $11,391 20,362 20,374 16,000 19,000 19,000 1,399,676 1,968,053 2,188,586 2,264,524 1,814,176 283,515 309,819 315,000 315,000 320,000 10,000 10,000 10,000 10,000 10,000 441,819 427,427 445,445 442,801 454,048 10,337 8,864 8,200 10,500 12,207 130,483 111,575 126,500 81,876 109,000 17,714 5,402 15,000 21,026 21,000 27,691 22,093 20,000 17,600 18,000 24,812 16,619 25,000 11,000 11,000 92,178 88,845 90,000 83,000 80,000 28,678 20,045 16,000 16,000 15,000 $2,496,786 $3,020,051 $3,282,231 $3,303,358 $2,894,822 $155,000 $162,750 $170,625 $170,625 $179,156 1,485,547 1,559,825 1,637,816 1,637,816 1,719,707 288,049 302,451 317,574 317,574 333,453 200,000 100,000 0 0 0 107,412 112,783 118,422 118,422 124,343 803,260 387,557 384,284 384,284 0 100,000 0 0 0 0 3,139,268 $2,625,366 $2,628,721 2,628,721 $2,356,659 $530,885 $348,553 $402,985 $343,284 $257,695 0 0 375,000 351,935 398,786 13,950 187,433 15,000 15,000 15,000 15,000 12,558 15,000 15,000 15,000 63,663 34,379 25,000 19,815 19,750 0 12,299 5,000 5,000 5,000 81,015 61,834 55,000 55,000 65,000 34,944 1 21,485 37,450 31,175 55,725 181,526 920,983 186,750 $965,291 195,212) $1,125,647 181 547 1,017,756 165 997,284 APPROPRIATION - FUND BALANCE Legal Settlement & Litigation $0 $112,308 $0 $196,301 $300,000 Insurance Reserve 0 47,589 115,800 115,800 0 Golf Course Equipment Loan 0 168,064 192,000 192,000 164,500 Golf Course Drainage Project Loan 0 0 200,000 200,000 0 Retirement Conversion 0 100,000 120,000 120,000 0 CCD Designated Reserve 0 200,000 0 0 0 Court Technology Funds 0 0 0 232,885 0 Utility Assistance Program 0 0 0 64,500 0 Previous Year Encumbrances 0 590,474 0 206,646 0 Sub -Total $0 $1,218,435 $627,800 $1,328,132 $464,500 TOTAL REVENUES $37,458,222 $38,917,620 $38,732,443 $38,932,584 $37,653,672 FISCAL YEAR 2010 -2011 SCHEDULE 3 - SUMMARY OF EXPENDITURES ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2007108 FY 2008109 FY 2009/10 FY 2009110 FY 2010111 City Council $84,535 $102,659 $126,318 $126,318 $126,146 City Manager $559,135 $542,214 $510,879 $427,249 $431,148 Communications Public Information $198,250 $203,855 $211,501 $211,501 $211,851 Citicable 345,790 268,261 282,145 301,261 187,072 Total Communications $544,040 $472,116 $493,646 $512,762 $398,923 City Secretary City Secretary $236,281 $232,573 $293,108 $293,108 $283,974 Record Management 198,886 200,576 205,340 206,629 214,468 Total City Secretary $435,167 $433,149 $498,448 $499,737 $498,442 Legal $249,869 $388,953 $347,884 $647,884 $647,718 Human Resources $116,911 $111,183 $103,678 $109,678 $118,433 Finance Accounting & Administration $572,789 $616,069 $522,697 $531,818 $497,966 Purchasing 225,513 234,757 215,698 215,698 219,319 Total Finance $798,302 $850,826 $738,395 $747,516 $717,285 Budget & Research Budget $71,515 $86,546 $92,227 $92,227 $90,616 Tax 219,188 217,024 222,057 222,057 223,004 Internal Audit 27,663 46,563 45,810 45,810 46,463 Total Budget & Research $318,366 $350,133 $360,094 $360,094 $360,083 Municipal Court Administration /Prosecution $312,810 $341,748 $375,144 $384,420 $371,662 Court Records 368,885 412,205 428,567 431,692 441,632 Warrants 329,744 323,558 349,382 354,494 357,981 Teen Court 61,451 63,395 64,190 64,190 67,987 Judicial 90,661 76,415 0 0 0 Total Municipal Court $1,163,551 $1,217,321 $1,217,283 $1,234,796 $1,239,262 Planning and Development Administration $79,331 $82,511 $84,293 $84,293 $87,103 Inspections 668,640 631,321 518,659 554,017 554,329 Planning 271,418 288,722 306,377 271,019 271,249 Total Planning and Development $1,019,389 $1,002,554 $909,329 $909,329 $912,681 Economic Development $111,342 $165,814 $179,995 $179,995 $202,413 Library General Services $237,439 $209,311 $225,277 $225,277 $231,125 Public Services 845,672 857,787 863,979 872,479 882,396 Technical Services 720,702 752,869 823,668 820,612 809,321 Total Library $1,803,813 $1,819,967 $1,912,924 $1,918,368 $1,922,842 FISCAL YEAR 2010 -2011 SCHEDULE 3 - SUMMARY OF EXPENDITURES ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2007108 FY 2008109 FY 2009/10 FY 2009110 FY 2010111 Neighborhood Services Neighborhood Resources $284,664 $286,986 $307,485 $298,485 $303,458 Humane Division 572,608 584,091 687,566 681,763 679,917 Consumer Health 258,873 255,839 271,022 271,022 279,317 Code Compliance 305,740 279,767 310,152 334,152 319,363 Special Programs 7,430 7,671 0 0 0 Total Neighborhood Services $1,429,315 $1,414,354 $1,576,225 $1,585,422 $1,582,055 Public Works 137,505 112,740 138,748 140,748 135,101 General Services $169,643 $140,563 $127,240 $127,240 $134,117 Traffic Control 941,213 843,766 968,076 985,648 970,852 Street & Drainage 2,303,484 2,293,123 2,516,238 2,509,878 2,251,536 Total Public Works $3,414,340 $3,277,452 $3,611,554 $3,622,766 $3,356,505 Park & Recreation General Services $145,300 $129,156 $157,659 $160,912 $162,743 Parks Maintenance 1,155,891 1,122,629 1,146,458 1,139,126 861,178 Recreation Services 790,360 762,083 812,709 81 9,464 826,180 Athletic Program Services 195,620 184,261 211,866 205,111 212,361 Senior Adult Services 168,038 171,806 177,817 177,817 183,370 Youth Outreach & Cultural 137,505 112,740 138,748 140,748 135,101 Total Park & Recreation $2,592,714 $2,482,675 $2,645,257 $2,643,178 $2,380,933 Police General Services $707,242 $709,356 $644,410 $642,705 $704,077 Administrative Services 725,049 680,947 777,213 795,559 709,037 Criminal Investigation 2,049,385 1,956,411 2,019,108 1,980,446 2,063,745 Uniform Patrol 4,620,696 4,672,367 4,530,329 4,569,779 4,627,083 Technical Services 626,695 583,310 468,390 467,602 477,139 Detention Services 394,597 384,830 392,970 392,970 430,346 Property Evidence 294,421 292,204 305,925 327,915 305,094 Communications 957,102 939,105 924,719 924,719 947,264 Total Police $10,375,187 $10,218,530 $10,063,064 $10,101,695 $10,263,785 Emergency Management $332,502 $358,329 $766,207 $788,383 $778,328 Fire Department General Services $327,324 $375,786 $330,172 $338,472 $344,735 Operations 7,347,346 7,393,786 7,580,657 7,573,095 7,762,514 Emergency Medical 943,746 673,173 692,162 717,299 848,569 Fire Inspections 475,092 484,430 480,058 480,058 485,069 Emergency Management 21,825 0 0 0 0 Fleet Services - Fire 1,016 189,638 201,284 201,284 0 Total Fire $9,116,349 $9,116,813 $9,284,333 $9,310,208 $9,440,887 Building Services $628,288 $641,893 $491,893 $491,893 $702,973 Non - Departmental $1,169,072 $1,280,499 $1,786,310 $1,841,884 $1,341,776 Sub -Total Departments $36,262,187 $36,247,434 $37,623,716 $38,059,155 $37,422,618 FISCAL YEAR 2010 -2011 SCHEDULE 3 - SUMMARY OF EXPENDITURES GENERALFUND Reserves & Other Expenditures Reserve for Capital Improvements Reserve for Street Maintenance Transfer to CCD Golf Course Equipment Replacement Golf Course Drainage Project Loan Legal Settlement Reserve for Self Insurance Fund Reserve for Building Services Fund Reserve for Equipment Srvcs Fund Transfer to Capital Project Sub -Total Reserves and Other Sub -Total Expenditures TOTAL EXPENDITURES BALANCE ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2007108 FY 2008109 FY 2009/10 FY 2009110 FY 2010111 $710,847 $300,000 $300,000 $50,000 $50,000 $0 $0 $100,000 $0 $0 $0 $200,000 $0 $0 $0 $152,000 $168,054 $192,000 $192,000 $164,500 $0 $0 $200,000 $200,000 $0 $0 $112,308 $0 $92,500 $0 $115,800 $47,589 $115,800 $115,800 $0 $50,000 $0 $50,000 $0 $0 $100,000 $0 $50,000 $0 $0 $0 $0 $0 $223,129 $16,554 $1,138,647 $827,951 $1,007,800 $873,429 $231,054 $37,400,834 $37,075,395 $38,631,516 $38,932,584 $37,553,672 $37,400,834 $37,075,395 $38,631,516 $38,932,584 $37,653,672 $57,388 $1,842,225 $100,927 $0 $0 FISCAL YEAR 2010 -2011 SCHEDULE 4 - SUMMARY OF PROPERTY TAX REVENUE AND DISTRIBUTION NET TAXABLE VALUE: Total Appraised Value as of May 14, 2010 Less Exemptions: Absolute Exemption Cases Before ARB Incomeplete Accounts Disabled Veteran Over 65 Homestead Disabled Persons Less: Personal Property Nominal Value Loss Prorated Absolute Agricultural Value Loss Freeport Inventory Value Loss Pollution Control /Prorated Absolute Total Reduction to Values Add: Estimated Minimum ARB protested values Incomplete Property ESTIMATED NET TAXABLE VALUE JULY 25th $4,392,354,625 (260,429,854) (113,500,396) (14, 236,938) (12,402,195) (126, 635,802) (330,840,112) (9,215,704) (5,390) (1,387,361) (10, 080,827) (772,637) (221,092) ($879,728,308) 75,674,242 14,017,153 $3,602,317,712 ESTIMATED PROPERTY TAX COLLECTIONS: % of Total Net Taxable Value $3,602,317,712 Proposed Tax Rate per $100 Valuation $0.57 Estimated Total Tax Levy at 100% Collection $20,533,211 Less Estimated 1% for Uncollectables (205,332) Less TIF Transfer (1,275,000) Less Debt Service Transfer (4,925,000) TOTAL ESTIMATED PROPERTY TAX COLLECTIONS(Operations) 99% $14,127,879 % of Total Tax Rate TAX RATE DISTRIBUTION SCHEDULE: Tax Rate Distribution General Fund - Maintenance & Operations 65.0% $0.370219 Debt Service Fund and TIFs 35.0% $0.199781 TOTAL DISTRIBUTION OF TAX RATE 100% $0.570000 100% Projected DISTRIBUTION OF ESTIMATED TAX REVENUE: Collection Collection Transfer to Debt Service Fund 6,200,000 6,200,000 General Fund - Maintenance & Operations 14,333,211 14,127,879 TOTAL ESTIMATED TAX REVENUE $20,533,211 $20,327.879 FISCAL YEAR 2010 -2011 SCHEDULE 5 - SUMMARY OF REVENUES AND EXPENDITURES Lei =1ki I =1;7111101=1- 3�'1 =IATAC+t=111101� ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2007108 FY 2008109 FY 2009/10 FY 2009110 FY 2010111 REVENUES General Debt Service Taxes $6,603,946 $6,322,088 $5,800,000 $5,800,000 $4,925,000 TIF #1 and #2 Taxes 1,113,033 1,315,145 1,450,000 1,341,298 1,275,000 Sub -Total Ad Valorem Taxes $7,716,979 $7,637,233 $7,250,000 $7,141,298 $6,200,000 Transfer In From: $7,223,733 $6,627,221 $6,595,141 $6,483,580 $6,494,358 Drainage Utility $698,766 $354,198 $737,219 $737,219 $897,627 Park & Rec. Facilities Dev. Corp. 160,510 180,381 173,768 173,768 45,900 Miscellaneous 72,239 0 0 0 0 Information Services Fund 0 0 0 0 0 Fleet Services Fund 275,372 0 0 0 0 Facilities Services Fund 44,711 49,224 0 0 0 Gas Development Fund 0 0 0 346,084 439,881 Bond Refunding Proceeds 299 0 0 0 0 Interest Income 122,266 0 0 0 0 City of Watauga, CIP Participation 19,785 335,125 82,853 82,853 82,853 Appropriation of Fund Balance 0 0 76,301 752,066 592,978 TOTAL REVENUES $9,110,927 $8,556,161 $8,320,141 $9,233,288 $8,259,239 EXPENDITURES Existing Bonds & C.O.'s $7,223,733 $6,627,221 $6,595,141 $6,483,580 $6,494,358 Existing Loans $0 $0 $0 $346,084 $439,881 TI #1 and #2 Funding 1,113,033 1,315,145 1,450,000 1,341,298 1,275,000 Issuance Costs/Paying Agent Fees 8,292 89,018 275,000 166,500 50,000 Bond Refunding Escrow Payment 0 0 0 895,826 0 TOTAL EXPENDITURES $8,345,058 $8,031,384 $8,320,141 $9,233,288 $8,259,239 BALANCE $765,869 $524,777 $0 $0 $fl FISCAL YEAR 2010 -2011 SCHEDULE 6 SUMMARY OF REVENUES AND EXPENDITURES PARK AND RECREATION FACILITIES DEVELOPMENT FUNC EXPENDITURES Operating Park Facilities Development Admin. $549,153 $580,922 ADOPTED REVISED PROPOSED Parks & Public Grounds ACTUAL ACTUAL BUDGET BUDGET BUDGET Tennis Center Operations FY 2007108 FY 2008109 FY 2009110 FY 2009110 FY 2010111 REVENUES $2,495,775 $2,525,284 $2,869,894 $2,842,278 $3,104,275 Sales Tax $4,410,260 $4, 077, 162 $4,188,813 $4,091,196 $4,111,755 Interest Income 174,935 41,237 38,280 26,302 14,950 Youth Assn. Maintenance Fees 77,421 58,923 33,000 61,500 61,500 Tennis Center Revenue 320,838 325,906 314,400 305,150 314,550 Transfer in from Aquatic Park Fund 60,000 60,000 62,400 62,400 64,896 Transfer in from Gas Development Fun. 400,000 0 0 0 0 Park Impact Fees 54,561 30,206 100,000 29,000 50,000 Contributions 3,600 3,500 3,000 3,500 3,500 Insurance 27,077 25,000 0 0 0 Other Income 0 80,247 0 0 0 Appropriation - Fund Balance 0 616,662 0 0 0 Appropriation - PY Encumbrances 0 0 0 44,149 0 TOTAL REVENUES $5,528,692 $5, 318, 843 $4,739,893 $4,623,197 $4,621,151 EXPENDITURES Operating Park Facilities Development Admin. $549,153 $580,922 $609,087 $609,087 $641,556 Parks & Public Grounds 1,438,533 1,426,523 1,668,543 1,640,927 1,859,095 Tennis Center Operations 508,089 517,839 592 592,264 603,624 Sub -Total $2,495,775 $2,525,284 $2,869,894 $2,842,278 $3,104,275 Other & Reserves Debt Service - Revenue Bonds $1,132,213 1,124,300 $1,125,202 $995,811 $925,372 Debt Service - CD's 189,911 180,381 173,768 173,768 45,900 Indirect Costs 288,049 302,451 317,574 317,574 333,453 Non - Departmental 12,744 14,020 13,792 103,792 25,387 Reserve for Economic Development 224,712 209,441 209,442 114,560 102,794 Recreation Center Capital Project 500,000 600,000 0 0 0 Reserve for Capital Projects 685,288 30,221 30,221 75,414 0 Sub -Total $3,032,917 $2,460,814 $1,869,999 $1,780,919 $1,432,906 TOTAL EXPENDITURES $5, 528, 692 $4, 986, 098 $4,739,893 $4,623,197 $4,537,181 BALANCE $0 $332,745 $0 $0 $83,970 FISCAL YEAR 2010 -2011 SCHEDULE 7 - SUMMARY OF REVENUES AND EXPENDITURES CRIME CONTROL AND PREVENTION DISTRICT EXPENDITURES Operating Administration $75,002 $73,165 ADOPTED REVISED PROPOSED Administrative Services ACTUAL ACTUAL BUDGET BUDGET BUDGET Investigations FY 2007108 FY 2008109 FY 2009110 FY 2009110 FY 2010111 REVENUES 2,107,800 2,074,095 2,356,391 2,290,922 2,482,522 Sales Tax $4,158,622 $3,827,245 $4,120,410 $3,771,972 $4,111,755 Franchise Tax 0 150,831 100,000 79,328 101,250 Interest Income 74,017 19,910 21,476 4,667 468 Transfer from General Fund 0 200,000 0 0 0 Loan from Transition Fund 745,655 55,079 208,878 520,375 0 TOTAL REVENUES $4, 978, 294 $4,253,066 $4,450,764 $4,376,342 $4,213,473 EXPENDITURES Operating Administration $75,002 $73,165 $88,777 $88,777 $73,026 Administrative Services 563,620 570,939 551,964 551,964 572,371 Investigations 328,959 326,780 339,169 339,169 349,704 Uniform Patrol 2,107,800 2,074,095 2,356,391 2,290,922 2,482,522 Technical Services 256,540 98,110 101,507 101,507 21,211 Detention Services 331,975 343,867 354,079 345,126 347,277 Property Evidence 109,915 92,240 89,617 89,617 93,323 Communications 100,639 64,932 126,443 126,443 171,175 Transfer to Information Services 43,718 60,000 0 0 0 Sub -Total $3,918,168 $3,704,128 $4,007,947 $3,933,525 $4,110,609 Other & Reserves Indirect Costs $200,000 $100,000 $0 $0 $0 Police Dept. Salary Increases - General 803,260 387,557 384,284 384,284 0 Child Advocacy Center 11,725 11,725 11,725 11,725 11,725 Other 45,141 49,656 46,808 46,808 54,627 Sub -Total $1,060,126 $548,938 $442,817 $442,817 $66,352 TOTAL EXPENDITURES $4, 978,294 $4,253,066 $4,450,764 $4,376,342 $4,176,961 BALANCE $0 $0 $0 $0 $36,512 FISCAL YEAR 2010 -2011 SCHEDULE 8 - SUMMARY OF REVENUES AND EXPENDITURES PROMOTIONAL FUND REVENUES Occupancy Tax Proceeds Interest Income Other Income Appropriation of Fund Balance Prior Year Encumbrances TOTAL REVENUES EXPENDITURES Economic Development Non - Departmental Sub -Total I TOTAL EXPENDITURES (BALANCE ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2007108 FY 2008109 FY 2009/10 FY 2009110 FY 2010111 $260,319 $152,220 $205,000 $205,000 $206,025 10,342 7,587 5,215 5,764 3,545 0 448 0 0 0 0 42,604 27,086 26,537 0 0 0 0 8,195 0 $270,661 $202,859 $237,301 $245,496 $209,570 $213,099 $202,633 $226,954 $235,149 $208,607 205 226 10,347 10,347 375 $213,304 $202,859 $237,301 $245,496 $208,982 $213,304 $202,859 $237,301 $245,496 $208,982 $57,357 $0 $0 $0 $588 FISCAL YEAR 2010 -2011 SCHEDULE 9 - SUMMARY OF REVENUES AND EXPENDITURES *1010 P_ %01010 14 111eIl; EXPENDITURES Library - Book Collection $38,959 $41,662 ADOPTED REVISED PROPOSED Neighborhood Services ACTUAL ACTUAL BUDGET BUDGET BUDGET Code Enforcement NIP Program FY 2007108 FY 2008109 FY 2009/10 FY 2009110 FY 2010111 REVENUES 5,742 14,136 17,510 17,510 17,510 Contributions 7,223 10,901 14,999 14,999 14,999 NRH Water Bills $90,781 $85,985 $87,692 $86,510 $87,692 Shelter Fund 11,055 6,471 15,000 7,500 9,500 Sub Total 101,836 $92,456 $102,692 $94,010 $97,192 Donations $80,082 $139,243 $165,009 $182,586 $1 58,459 Spay /Neuter $7,506 $9,892 $8,000 $12,000 $15,000 Duncan 15,000 15,000 15,000 15,000 15,000 Santa Cops 0 0 0 11,576 11,576 Sub Total $22,506 $24,892 $23,000 $38,576 $41,576 Proceeds Critter Connection $30 $0 $0 $0 $0 Library Book Sale 2,274 5,084 3,200 9,500 10,000 Coffee Bar Proceeds 1,220 0 0 0 0 Sub Total $3,524 5,084 $3,200 $9,500 $10,000 Other Interest Income $25,772 $18,559 $13,795 $15,535 $10,217 Other Income 31,606 34,263 35,000 45,155 43,100 Sub Total $57,378 $52,822 $48,795 $60,690 $53,317 Appropriation from Fund Balance Night of Holiday Magic $0 $51,580 $0 $13,320 $0 Sub Total 0 $51,580 0 13,320 0 TOTAL REVENUES $185,244 $226,834 $177,687 $216,096 $202,085 EXPENDITURES Library - Book Collection $38,959 $41,662 $60,000 $60,000 $60,000 Neighborhood Services Code Enforcement NIP Program 3,653 2,951 0 0 0 Critter Connection 5,742 14,136 17,510 17,510 17,510 Keep NRH Beautiful 7,223 10,901 14,999 14,999 14,999 Municipal Court - Teen Court 1,000 0 0 0 0 Parks - Special Events and Arts 23,505 67,129 72,500 85,820 53,000 Police Department 0 2,464 0 4,257 12,950 Sub -Total $80,082 $139,243 $165,009 $182,586 $1 58,459 TOTAL EXPENDITURES $80,082 $139,243 $165,009 $182,586 $158,459 BALANCE $105,162 $87,591 $12,678 $33,510 $43,626 FISCAL YEAR 2010 -2011 SCHEDULE 10 - SUMMARY OF REVENUES AND EXPENDITURES SPECIAL INVESTIGATION FUND ADOPTED REVISED ACTUAL ACTUAL BUDGET BUDGET FY 2007108 FY 2008109 FY 2009/10 FY 2009110 Forfeited Funds AFIS Reimbursements Radio System Reimbursements 911 Telecom Interest Income Other Income Appropriation - PY Encumbrances Appropriation of Fund Balance 111011 f_1111111:1 =IT" � 01=K EXPENDITURES Forfeited Funds Radio Maintenance AFIS Maintenance & Equipment Locally Seized Funds 911 Telecom TOTAL EXPENDITURES 1111114-3 W'_1 L Calm PROPOSED BUDGET FY 2010111 $142,874 $146,830 $60,500 $224,500 $100,500 9,421 7,537 7,537 4,162 8,800 324,027 354,377 0 0 0 0 0 0 30,341 0 17,257 12,371 8,363 10,682 7,617 6,336 2,123 0 0 0 0 0 0 99,180 0 36,737 0 180,521 67,536 267,183 $0 $29,182 $fl $0 $0 $536,652 $523,238 $256,921 $436,401 $384,100 $173,448 $129,057 $245,000 $362,680 $289,000 352,431 354,377 0 0 0 8,855 9,822 9,421 21,221 94,000 1,918 800 2,500 2,500 1,100 0 0 0 50,000 0 $536,652 $494,056 $256,921 $436,401 $384,100 $0 $29,182 $fl $0 $0 FISCAL YEAR 2010 -2011 SCHEDULE 11 - SUMMARY OF REVENUES AND EXPENDITURES DRAINAGE UTILITY FUND ACTUAL ACTUAL FY 2007108 FY 2008109 REVENUES Drainage Fees $830,338 $834,075 Interest Income 21,748 33,701 Appropriation of Fund Balance 0 0 TOTAL REVENUES $852,086 $867,776 EXPENDITURES ADOPTED REVISED PROPOSED BUDGET BUDGET BUDGET FY 2009/10 FY 2009110 FY 2010111 $830,000 $834,000 $834,000 15,097 18,698 11,955 0 0 54,172 $845,097 $852,698 $900,127 Debt Service $698,766 $354,198 $737,219 $737,219 $897,627 Other Expenditures 1 ,513 2,159 0 5,710 2,500 Defeasance of Debt Expenditures 0 0 0 82,091 0 TOTAL EXPENDITURES $700,279 $356,357 $737,219 $825,020 $900,127 I BALANCE $151,807 $511,419 $107,878 $27,678 $G FISCAL YEAR 2010 -2011 SCHEDULE 12 - SUMMARY OF REVENUES AND EXPENDITURES 1e7--V4 01AN4KOIJ1 ■1 ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2007108 FY 2008109 FY 2009/10 FY 2009110 FY 2010111 REVENUES Bonuses General Fund Purposes $3,786,207 $6,186 $0 $367,383 $0 Utility Fund Purposes 0 54,220 0 0 0 Park Development Purposes 1,511,655 0 120,000 263,100 0 Economic Development Purposes 934,917 1,092 0 96,068 0 Golf Course Purposes 0 0 0 277,.100 0 6,232,779 $61,498 120,Oflfl 1,003,651 0 Royalties/Overrides General Fund Purposes $2,393 $12,751 $20,000 $20,000 $50,000 Park Development Purposes 3,418 0 20,000 54,519 70,000 Economic Development Purposes 1,026 1,034 0 1,143 20,000 Golf Course Purposes 0 35,270 0 0 0 Transfer to Debt Service $6,837 $49,055 $40,000 $75,662 $140,000 Other Interest Income $69,767 $105,518 $89,059 $57,845 $39,879 $69,767 $105,518 $89,059 $57,845 $39,879 Appropriation of Reserves General Fund Purposes $0 $2,393,291 $0 $0 $439,881 Park Development Purposes 0 1,356,709 0 0 0 Economic Development Purposes 0 0 460,000 100,000 0 0 $3,750,000 $460,000 $100,000 $439,881 TOTAL REVENUES $6,309,383 $3,966,071 $709,059 $1,237,158 $619,760 EXPENDITURES Transfer to GF -Prev. Street Mainten. $100,000 $0 $0 $0 $0 Transfer to Golf Course Fund 0 35,270 0 0 0 Transfer to Park Development Fund 400,000 0 0 0 0 Transfer to Economic Dev. Fund 100,000 0 0 0 0 Transfer to Debt Service 0 0 0 346,084 439,881 Transfer to Capital Projects 0 3,750,000 460,000 337,938 0 Other Expenditures 2,046 0 0 0 0 TOTAL EXPENDITURES $602,046 $3,785,270 $460,000 $684,022 $439,881 BALANCE $5,707,337 $180,801 $249,059 $553,136 $179,879 FISCAL YEAR 2010 -2011 SCHEDULE 13 - SUMMARY OF REVENUES AND EXPENDITURES TRAFFIC SAFETY FUND ( REVENUES Gross Fine Revenues ACTUAL ACTUAL FY 2007108 FY 2008109 $825,191 $999,584 ADOPTED BUDGET FY 2009/10 REVISED BUDGET FY 2009110 PROPOSED BUDGET FY 201011 $750,000 Less: Allowable Expenditures Contractor Payments Program Administration Total Allowable Expenditures NET FINE REVENUES Less: State Share I NET FINE REVENUES TO CITY ADDITIONAL REVENUES Interest Income Appropriation of Fund Balance TOTALRESOURCES EXPENDITURES Traffic Enforcement Pedestrian Safety Traffic Signal Improvements Sub -Total &i•11F_1NW1 »i!I0lkiI]:14 - (BALANCE $978,468 $720,000 ($507,241) ($541,787) ($548,762) ($555,737) ($548,762) (97,160) (66,513) (81,123) (81,123) (171,378) ($604,401) ($608,300) ($629,885) ($636,860) ($720,140) $60,000 $110,660 $50,000 $52,495 $12,969 $220,790 $391,284 $348,583 $83,140 $29,860 ($80,573) ($247,074) ($174,292) ($41,570) ($14,930) $140,217 $144,210 $174,292 $41,570 $14,930 �� $402 $12,898 $0 $9,275 $5,201 0 0 0 1,650 0 $140,619 $157,108 $174,292 $52,495 $20,131 II $0 $10,660 $50,000 $52,495 $0 0 0 0 0 12,969 60,000 100 ,000 0 0 0 $60,000 $110,660 $50,000 $52,495 $12,969 $60,000 $110,660 $50,000 $52,495 $12,969 $80,619 $46,448 $124,292 $0 $7,162 11 FISCAL YEAR 2010 -2011 SCHEDULE 14 - SUMMARY OF REVENUES AND EXPENDITURES L1j11l14ii1110 REVENUES Water Sales and Charaes Water Sales Water Taps Water Inspection Fees Water Wells Sub -Total Sewer Sales and Charges Sewer Sales Sewer Taps Sewer Inspection Fees Sub -Total Miscellaneous Interest Income Service Charges Late Charges Miscellaneous Joint Use Reimbursement- Watauga Subdivision Meter Revenue Transfer from Water to Sewer Sub -Total Sub -Total Revenues ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2007108 FY 2008109 FY 2009/10 FY 2009110 FY 2010111 $15,871,263 $15,689,051 $15,912,864 $14,722,569 $16,108,482 30,655 17,125 16,000 16,000 16,000 21,473 7,167 3,700 1,800 1,800 12,476 19,001 12,500 6,000 6,000 $15,935,867 $15,732,344 $15,945,064 $14,746,369 $16,132,282 $8,527,522 $8,153,500 $8,035,933 $7,855,143 $8,114,324 7,756 4,000 8,500 4,000 4,000 12,412 3,720 Z. 2,100 1,700 1,700 $8,547,690 $8,161,220 $8,046,533 $7,860,843 $8,120,024 $725,486 $587,053 $332,207 $361,329 $241,779 103,966 120,378 100,000 100,000 110,000 472,876 478,170 470,000 470,000 470,000 959 8,049 2,000 8,830 2,000 61,248 124,431 70,600 134,056 134,000 25,500 10,650 20,000 10,000 10,000 275,095 0 125,745 0 0 $1,665,130 $1,328,731 $1,120,552 $1,084,215 $967,779 $26,148,687 $25,222,295 $25,112,149 $23,691,427 $25,220,085 Appropriation from Fund Balance Rate Stabilization $0 Reserve for Self Insurance 37,400 Previous Year Encumbrances 452,772 TOTAL REVENUES $0 $414,432 $229,572 $0 38,600 38,600 38,600 0 0 0 97,515 4 $26,638,859 $25,260,895 $25,565,181 $24,057,114 $25,220,085 FISCAL YEAR 2010 -2011 SCHEDULE 14 - SUMMARY OF REVENUES AND EXPENDITURES UTILITY FUND ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2007108 FY 2008109 FY 2009/10 FY 2009110 FY 2010111 EXPENDITURES Operating Administration $248,722 $81,315 $287,512 $287,512 $277,019 Development 729,837 730,350 778,814 781,898 797,483 Right of Way Maintenance 165,307 137,128 251,024 270,850 200,000 Sub -Total $1,143,866 $948,793 $1,317,350 $1,340,260 $1,274,502 Water Services $5,638,120 $5,522,276 $5,593,293 $4,944,732 $5,158,100 Water Operations $3,218,354 $3,323,676 $3,488,799 $3,512,301 $3,638,859 Purchase of Water FTW 5,248,451 3,299,844 3,910,000 3,520,141 3,872,155 Purchase of Water TRA 4,342,551 3,456,214 4,010,000 3,626,288 4,116,040 Sub -Total $12,809,356 $10,079,734 $11,408,799 $10,658,730 $11,627,054 Sewer Services $1,078,968 $1,186,865 $1,305,522 $1,305,522 $1,305,522 Sewer Operations $895,643 $960,729 $1,118,533 $1,111,975 $1,121,991 Sewer Treatment FTW 1,374,722 1,335,679 1,490,000 1,153,429 1,236,109 Sewer Treatment TRA 3,367,755 3,225,868 2.,984,760 2,679,328 2,800,000 Sub -Total $5,638,120 $5,522,276 $5,593,293 $4,944,732 $5,158,100 FinancelUtility Collections 175,000 175,000 175,000 175,000 175,000 Meter Reading $379,447 $374,462 $394,422 $394,622 $401,829 Utility Billing /Customer Service 720,506 748,756 780,825 783,242 796,290 Utility Collection Services 229,774 247,741 256,153 256,153 264,750 Accounting Services 119,085 136,473 245,337 246,841 256,009 Budget & Research 138,063 175,170 186,018 186,018 186,103 Sub -Total $1,586,875 $1,682,602 $1,862,755 $1,866,876 $1,904,981 Building Services $1,078,968 $1,186,865 $1,305,522 $1,305,522 $1,305,522 Debt Service $348,752 $348,388 $573,095 Non - Departmental $231,264 $341,907 $391,681 $429,128 $375,186 Sub -Total $22,488,449 $19,762,177 $21,879,400 $20,545,248 $21,645,345 Other & Reserves Debt Service $348,752 $348,388 $573,095 $573,095 $565,286 Franchise Fees 691,337 706,825 718,464 682,755 711,547 Indirect Costs 1,485,548 1,559,825 1,637,816 1,637,816 1,719,707 Payment In Lieu Of Taxes 355,004 356,292 367,061 354,600 353,200 Transfer from Utility CIP Reserve to 175,000 175,000 175,000 175,000 175,000 Information Services Fund Contribution to Equipment Svs. 50,000 50,000 50,000 50,000 50,000 Transfer to Self Insurance Fund 38,600 38,600 38,600 38,600 0 Transfer from Water to Sewer 275,095 0 125,745 0 0 Reserve for Capital Projects 731,074 0 0 0 0 Sub -Total $4,150,410 $3,234,930 $3,685,781 $3,511,866 $3,574,740 TOTAL EXPENDITURES $26,638,859 $22,997,107 $25,565,181 $24,057,114 $25,220,085 BALANCE $0 $2,263,788 $0 $0 $0 FISCAL YEAR 2010 -2011 SCHEDULE 15 - SUMMARY OF REVENUES AND EXPENDITURES AQUATIC PARK FUND ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2007108 FY 2008109 FY 2009/10 FY 2009110 FY 2010111 1,472,100 514,764 ATTENDANCE 233,654 231,379 270,000 257,479 265,000 REVENUES Operatin a Admissions Advanced & Group Sales Food and Beverage Library Concessions Merchandise Lockers Aquatic Classes /Special Events Sub -Total Other Interest Income Donations Other Sub -Total Appropriation from Fund Balance Reserve for Park Expansion - Debt Issue Previous Year Encumbrances Sub -Total 011•1111_1�:7A■1� � Lei 4-1 I *:i »0I @1k J:W Operating $1,786,176 $1,811,649 $2,157,364 $1,910,000 $2,005,500 1,479,113 1,311,669 1,590,394 1,402, 000 1,472,100 514,764 491,902 652,868 568,000 746,400 13,753 24,727 32,240 24,500 25,725 120,244 108,753 143,329 120,000 126,000 54,018 53,399 65,639 70,000 73,500 12,245 15,735 11,762 15,500 15,500 $3,980,313 $3,817,834 $4,653,596 $4,110,000 $4,464,725 $135,831 $111,835 $64,290 $76,138 $53,369 20,000 20,000 20,000 10,000 10,000 17,257 15,658 17,457 27,246 27,596 $173,088 $147,493 $101,747 $113,384 $90,965 $150,000 41,366 $0 0 $0 {1 $0 2,790 $0 0 $191,366 $0 $0 $2,790 $0 $4,344,767 $3,965,327 $4,755,343 $4,226,174 $4,555,690 General Services & Utilities $725,740 $756,676 $830,549 $828,049 $835,760 Public Grounds /Aquatics /Maint. 1,239,574 1,110,607 1,044,766 1,073,758 1,096,006 Business & Office Administration 435,529 449,758 470,163 480,953 482,693 Gift Shop /Concessions 485,469 437,613 528,476 507,361 500,388 Library Concessions 30,007 23,436 42,601 41,401 39,665 Sales /Special Events /Admissions 243,062 234,691 282,841 277,167 280,946 Sub -Total $3,159,381 $3,012,781 $3,199,396 $3,208,689 $3,235,458 Other & Reserves Debt Service $540,218 $554,367 $696,722 $696,722 $559,106 Indirect Costs 107,412 112,783 118,422 118,422 124,343 Transfer Out - PARD 60,000 60 ,000 62,400 62,400 64,896 Reserve For: Infrastructure & Major Repairs 297,293 147,904 425,000 14,841 425,000 Park Expansion 105,471 0 128,303 0 0 Insurance 50,000 50,000 50,000 50,000 50,000 Non - Departmental 24,992 27,492 75,100 75,100 50,023 Sub -Total $1,185,386 $952,546 $1,555,947 $1,017,485 $1,273,368 TOTAL EXPENDITURES $4,344,767 $3,965,327 $4,755,343 $4,226,174 $4,508,826 BALANCE $0 $0 $0 $0 $46,864 FISCAL YEAR 2010 -2011 SCHEDULE 16 - SUMMARY OF REVENUES AND EXPENDITURES GOLF COURSE FUND ADOPTED REVISED ACTUAL ACTUAL BUDGET BUDGET FY 2007108 FY 2008109 FY 2009110 FY 2009110 ROUNDS :a=k►I=1Z Lei *= PROPOSED BUDGET FY 2010111 56,192 54,325 53,000 49,564 54,000 Green Fees $1,229,179 $1,089,925 $1,224,620 $1,039,401 $1,246,544 Pro Shop 422,473 359,922 384,198 403,453 388,477 Driving Range 69,769 73,835 79,500 71,124 80,000 Carts 491,782 432,878 497,099 432,890 480,000 Food & Beverage 497,942 501,439 522,436 487,900 587,223 General & Administrative 5,994 2,255 D 13,701 D General Fund Loan 162,000 168,064 192,000 192,000 164,500 Other Revenue 540,653 34,277 D D D Appropriation of Fund Balance 0 0 D 109,775 0 TOTAL REVENUES 3,4197792 $2,662,595 2,899,853 $2,750,244 $2,946,744 COST OF GOODS SOLD Pro Shop $150,391 $129,330 $139,125 $129,505 $141,750 Food & Beverage 140,946 145,099 147,496 141,359 205,528 TOTAL COGS 291,337 $274,429 $286,621 $270,864 $347,278 NET REVENUES EXPENDITURES Ooeratina Pro Shop Driving Range Golf Carts Course Maintenance Food & Beverage Sales & Membership General & Administrative Clubhouse Management Fees Capital Subtotal Other & Reserves Debt Service Payment to Interdepartmental Loans Water Fund General Fund Equipment Reserve for Equipment/ClP Subtotal TOTAL EXPENDITURES BALANCE $3,128,455 $2,388,166 $2,613,232 $2,479,380 $2,599,466 $274,778 $231,204 $242,348 $189,323 $157,469 12,163 11,180 18,700 14,720 18,700 157,007 171,529 162,849 190,462 191,362 580,041 497,647 596,320 543,612 590,000 182,739 250,713 195,255 192,671 246,027 162 34,962 46,722 47,015 46,722 205,988 155,193 203,487 217,835 275,036 117,742 102,559 121,330 117,716 121,990 112,293 105,257 107,889 107,889 110,586 260,079 164,872 226,200 226,200 164,500 1,902,992 1,725,116 $1,921,100 $1,847,443 $1,922,392 561,017 $584,887 $581,813 $581,813 $570,894 50,242 50,242 50,124 50,124 50,112 53,707 D 47,093 D D D D 13,102 D D 554,503 27,921 D D D 1,219,469 $663,050 $692,132 $631,937 $621,006 $3,122,461 $2,388,166 $2,613,232 $2,479,380 $2,543,398 $5,994 $0 $0 $0 $56,068 FISCAL YEAR 2010 -2011 SCHEDULE 17 - SUMMARY OF REVENUES AND EXPENDITURES FACILITIESICONSTRUCTION MANAGEMENT FUND Other $1,863,463 $1,850,301 ADOPTED REVISED PROPOSED Interest Income ACTUAL ACTUAL BUDGET BUDGET BUDGET Rent From Rental Properties FY 2007108 FY 2008109 FY 2009/10 FY 2009110 FY 2010111 REVENUES 15,707 30 0 0 0 Charges for Service 50,000 0 0 0 0 General Fund $628,288 $641,893 $491,893 $491,893 $702,973 Utility Fund 1,078,968 1,186,865 1,305,522 1,305,522 1,305,522 Sub -Total $1,707,256 $1,828,758 $1,797,415 $1,797,415 $2,008,495 Other $1,863,463 $1,850,301 $1,913,200 $1,897,936 $2,109,424 Interest Income $90,500 $21,513 $37,785 $22,521 $22,929 Rent From Rental Properties 0 0 78,000 78,000 78,000 Other Income 15,707 30 0 0 0 Transfer from General Fund 50,000 0 0 0 0 Sub -Total $156,207 $21,543 $115,785 $100,521 $100,929 Sub -Total Revenues $1,863,463 $1,850,301 $1,913,200 $1,897,936 $2,109,424 Appropriation from Fund Balance $50,327 $49,224 $0 $0 $0 Building Services Fund Reserves $0 $0 $542,825 $542,825 $0 Previous Year Encumbrances 287,934 274,182 0 165,258 0 Sub -Total $287,934 $274,182 $542,825 $708,083 $0 I TOTAL REVENUES $2,151,397 $2,124,483 $2,456,025 $2,606,019 $2,109,424 II EXPENDITURES Omratina $50,327 $49,224 $0 $0 $0 General Services $158,511 $146,117 $205,207 $205,207 $211,840 Building Services 1,682,650 1,573,108 1,906,994 1,916,893 1,807,962 Rental Property Program 0 0 56,910 56,910 56,910 Transfer to Capital Budget 242,344 151,000 278,125 365,727 0 Sub -Total $2,083,505 $1,870,225 $2,447,236 $2,544,737 $2,076,712 Other & Reserves Debt Service $50,327 $49,224 $0 $0 $0 Other 17,565 8,668 8,789 8,789 11,622 Reserve for Rental Property 0 0 0 21,090 21,090 Reserve for Capital Projects 0 0 0 31,403 0 Sub -Total Other $67,892 $57,892 $8,789 $61,282 $32,712 TOTAL EXPENDITURES $2,151,397 $1,928,117 $2,456,025 $2,606,019 $2,109,424 BALANCE $0 $196,366 $0 $0 $0 FISCAL YEAR 2010 -2011 SCHEDULE 18 - SUMMARY OF REVENUES AND EXPENDITURES FLEET SERVICES FUND Other $0 $310,267 ADOPTED REVISED PROPOSED Investment Income ACTUAL ACTUAL BUDGET BUDGET BUDGET Sale of City Property FY 2007108 FY 2008109 FY 2009/10 FY 2009110 FY 2010111 REVENUES 1,489 39,343 0 10,000 10,000 Charges for Service 38,411 0 0 0 0 Transfers From: 100,000 0 {l 0 0 General Fund $790,256 $360,068 $359,679 $359,679 $563,867 Utility Fund 1,089,263 1,193,190 1,200,350 1,200,350 1,200,350 Utility CIP / Utility Construction 152,471 167,719 176,105 176,105 176,105 Crime Control & Prevention District 90,014 99,015 103,966 103,966 103,966 Park & Recreation Devlp. Fund 74,696 82,166 86,273 86,273 86,273 Other Funds 42,346 46,581 35,416 35,416 35,416 Sub -Total $2,239,046 $1,948,739 $1,961,789 $1,961,789 $2,165,977 Other $0 $310,267 $310,267 $0 Previous Year Encumbrances 186,777 Investment Income $89,348 $61,418 $40,415 $22,521 $14,297 Sale of City Property 21,764 0 46,000 46,000 50,000 Other 1,489 39,343 0 10,000 10,000 Insurance Settlement 38,411 0 0 0 0 Transfer from General Fund 100,000 0 {l 0 0 Transfer from Utility Fund Sub -Total 50,000 $301,012 50 000 Tlt 0,761 50 136,415 50,000 $128,521 50,000 $124,297 Sub -Total Revenues $2,540,058 $2,099,500 $2,098,204 $2,090,310 $2,290,274 Anorooriation from Fund Balance Equipment Services Fund Reserves $165,574 $0 $310,267 $310,267 $0 Previous Year Encumbrances 186,777 42,744 0 0 0 Sub -Total $352,351 $42,744 $310,267 $310,267 $0 TOTAL REVENUES $2,892,409 $2,142,244 $2,408,471 $2,400,577 $2,290,274 EXPENDITURES Operating General Services $167,225 $200,248 $308,006 $308,006 $288,951 Equipment Services Operations 1,701,019 1,458,163 1,570,347 1,506,412 1,514,617 Fire Fleet Maintenance 0 0 0 0 205,977 Equipment Purchases 298,013 0 166,260 166,260 0 Police Vehicles /Equipment 405,512 346,488 349,570 349,570 152,304 Sub -Total 2,571,769 $2,004,899 $2,394,183 $2,330,248 $2,161,849 Other & Reserves Debt Service $312,893 $0 $0 $0 $0 Other 7,747 8,522 14,288 14,288 10,040 Equipment Services Reserve 0 0 0 56,041 0 Sub -Total $329,640 $8,522 $14,288 $70,329 $10,040 Previous Year Encumbrances TOTAL EXPENDITURES $2,892,409 $2,013,421 $2,408,471 $2,400,577 $2,171,889 BALANCE $0 $128,823 $0 $0 $118,385 FISCAL YEAR 2010 -2011 SCHEDULE 19 - SUMMARY OF REVENUES AND EXPENDITURES REVENUES Telecommunications Transfer From: General Fund Utility Fund Other Funds Sub -Total Computers Transfer From: General Fund Utility Fund Crime Control District Other Funds Sub -Total Other Revenues Interest Income Transmitter Lease Other Income Transfer From Utility Fund Reserve Sub -Total Sub -Total Revenues INFORMATION SERVICES FUND ADOPTED REVISED ACTUAL ACTUAL BUDGET BUDGET FY 2007108 FY 2008109 FY 2009/10 FY 2009110 PROPOSED BUDGET FY 2010111 $274,057 $268,403 $268,053 $268,053 $266,560 59,500 65,448 68,721 68,721 68,721 64,729 71,201 74,695 74,695 74,695 $398,286 $405,052 $411,469 $411,469 $409,976 $883,709 $859,013 $854,863 $854,863 $820,174 515,633 567,195 595,555 595,555 576,193 166,719 132,856 141,445 141,445 136,846 432,104 278,351 291,900 291,900 282,408 $1,998,165 $1,837,415 $1,883,763 $1,883,763 $1,815,621 $104,564 $77,356 $55,869 $60,198 $37,504 109,421 118,490 99,000 121,200 128,702 0 71,537 9,000 9,000 0 0 175 000 175 000 175 000 175,000 213,985 442,383 338,869 365,398 341,206 $2,610,436 $2,684,850 $2,634,101 $2,660,630 $2,566,803 Appropriation from Fund Balance Appropriation of Fund Balance $0 $0 $123,326 $123,326 $0 Appropriation - PY Encumbrances 152,290 0 0 303,261 0 Sub -Total 152,290 0 $123,326 $426,587 0 TOTAL REVENUES EXPENDITURES Operating General Services Major Computer Systems Microcomputer Systems Telecommunications Data Network G IS System Public Safety Sub -Total $2,762,726 $2,684,850 $2,757,427 $3,087,217 $2,566,803 $203,142 $204,754 $223,047 $223,047 $230,581 466,704 532,970 305,157 319,755 326,691 734,310 590,570 748,522 860,583 589,734 298,654 264,743 363,140 382,140 285,305 266,983 371,102 520,240 593,502 512,104 268,060 272,101 203,721 259,561 181,589 233,033 270,740 385,928 414,428 407,634 $2,470,886 $2,506,980 $2,749,755 $3,053,016 $2,533,638 Other & Reserves Other $7,157 $7,874 $7,672 $7,672 $8,062 Reserve for Systems Improvements 284,683 0 0 26,529 0 Sub -Total $291,840 $7,874 $7,672 $34,201 $8,062 01101IFANW1 »k' 101 hiI]:14 - BALANCE $2,762,726 $2,514,854 $2,757,427 $3,087,217 $2,541,700 $0 $169,996 $0 $0 $25,103 FISCAL YEAR 2010 -2011 SCHEDULE 20 - SUMMARY OF REVENUES AND EXPENDITURES SELF INSURANCE FUND ADOPTED REVISED PROPOSED ACTUAL ACTUAL BUDGET BUDGET BUDGET FY 2007108 FY 2008109 FY 2009/10 FY 2009110 FY 2010111 REVENUES Allocations $5,993,445 $6,758,951 $7,305,432 $8,105,431 $7,784,731 Health /Medical $7,044,135 $7,435,753 $6,932,901 $6,860,311 $7,784,731 Workers' Compensation 822,031 898,457 909,028 909,028 695,981 General Liability/Unemployment 294,250 327,105 260,806 260,968 274,017 Property Insurance 95,739 105,315 154,686 154,686 162,421 Sub Total $8,256,155 $8,766,630 $8,257,421 $8,184,993 $8,917,150 Other $8,673,487 $9,544,132 $8,721,705 $10,037,304 $9,096,646 Interest Income $166,926 $146,145 $109,884 $113,134 $79,496 Other Income 0 323,726 0 0 0 Transfer from General Fund 115,800 47,589 115,800 115,800 0 Transfer from Utility Fund 38,600 38,600 38,600 38,600 0 Expenditure Reimbursement 86,006 211,442 0 542,090 0 Sub Total $407,332 $767,502 $264,284 $809,624 $79,496 Sub Total Revenues $8,663,487 $9,534,132 $8,521,705 $8,994,617 $8,996,646 Appropriation from Fund Balance $5,993,445 $6,758,951 $7,305,432 $8,105,431 $7,784,731 Transfer to Capital Projects $0 $0 $0 $50,000 $0 Transfer to Retiree Health Care Fund 0 0 0 500,000 100,000 Self Insurance Fund Reserves 0 0 200,000 492,687 0 PY Encumbrances 10,000 10,000 0 0 0 Sub Total $19,900 $10,000 $200,000 $1,042,687 $100,000 TOTAL REVENUES $8,673,487 $9,544,132 $8,721,705 $10,037,304 $9,096,646 EXPENDITURES Health/Medical $5,993,445 $6,758,951 $7,305,432 $8,105,431 $7,784,731 Workers' Compensation 207,937 430,241 287,887 407,887 325,845 Other Insurance 361,783 403,081 392,049 392,049 385,180 Personnel Expenses 474,940 564,275 521,037 521,037 441,890 Reserve for Insurance Claims 1,577,599 1,327,585 154,400 0 0 Life Insurance Premiums 57,783 59,999 60,90{) 60,900 59,000 Sub -total $8,673,487 $9,544,132 $8,721,705 $9,487,304 $8,996,646 Transfer to Capital Projects $0 $0 $0 $50,000 $0 Transfer to Retiree Health Care Fund 0 0 0 500,000 100,000 Sub -total $0 $0 $0 $550,000 $100,000 TOTAL EXPENDITURES $8,673,487 $9,544,132 $8,721,705 $10,037,304 $9,096,646 BALANCE $0 $0 $0 $0 $0 I0IL7M=1 CITY OF NORTH RICHLAND HILLS August 23, 2010 Honorable Mayor and Members of the City Council City of North Richland Hills North Richland Hills, Texas The proposed Capital Projects Budget for Fiscal Year 2010 -2011 is submitted herein. This budget identifies major projects and items not included directly in the Annual Operating Budget. The Capital Projects Budget provides for major Fong -life equipment used in daily operations, funding for the construction and renovation of major facilities and infrastructure, and for multi -year planning studies. Primary sources of funding for these projects are: General Obligation Bonds, Certificates of Obligation, transfers from operating funds, Permanent Street Maintenance capital funds, Park and Recreation half -cent sales tax funds, capital reserve funds, and Federal and State grants. The proposed Capital Projects Budget for 2010 -2011 totals $35,496,411. This budget contains new and continuing projects in all areas of City operations. Some projects were selected following City Council budget discussions, others were authorized by voters during past bond elections, and still others were identified by City departmental evaluation and examination of needs. Citizens voted to approve a bond package for City infrastructure /facility improvements valued at approximately $37.2 million in February 2003. Debt issuance for 2010 -2011 is $8,650,000, comprising $3,165,000 in general obligation bonds and $5,485,000 in certificates of obligation. General obligation bonds and certificates of obligation will be used for continuing projects and new projects that will begin in 2010 -2011. The general obligation bond funding for continuing projects totals $3,165.000. Meadowview Estates Channel Drainage Improvements will require $1,115.000 in general obligation bonds and $110,000 will be issued for street and drainage improvements to Bud Jensen Road. Funding required for Tabor Street and Terry Drive Street Improvements is $640,000 and the NRH Animal Adoption & Rescue Center funding will be $1,300,000. Certificates of obligation will be issued for $5,485,000. Funding will include $2,500,000 for the TIF 1 Expansion — Intersection Improvements /Utility Burial along Boulevard 26, $2,125,000 for the construction of a new food service building and a new park attraction at NRH20 Aquatic Park and $575,000 for the Meadow Creek Road and Meadow Road Drainage Improvements. Certificate of obligation issuance of $285,000 will be needed for vehicles and equipment replacement. P.O. Box 82069 * North Richland Hills, Texas 76182 -0609 7301 Northeast Loop 820 * (817) 427 -6000 * Fax (817) 427 -6106 The City Council has recognized the importance of dedicating funds on an annual basis to enhance the City's efforts for the major repair and preventive maintenance of City streets by authorizing the creation of a Permanent Street Maintenance Fund. With over 237 miles of aging streets, it is important to conduct preventive maintenance that will delay more costly street reconstruction and extend the life of the current street system. The proposed 2610 -2611 level of funding is $860,006. These funds will allow us to improve the overall condition of approximately 46 streets. The City Council also recognizes the importance of dedicating funds on an annual basis to improve City sidewalks. This project constructs new sidewalks in high pedestrian areas of the City. The proposed 2616 -2611 level of funding for this project is $50,000, and the source of funding is previously approved allocations from the General Fund "pay -as- you -go" Capital Projects Reserve. The Reserve for Capital Projects was established by the City Council in 1998/1999 as a "pay -as- you -go" way to address smaller capital improvement needs. It has collected approximately $4.6 million since inception. Staff has updated the ten -year Equipment Replacement and Building Services Plans, which were originated and first submitted for City Council approval in 1996/1997. The Building Services Pay -as- you -go Plan estimates $26.8 million in expenditures over the next ten years for building services operations and capital maintenance to protect our investment in City facilities. The Equipment Services Plan estimates the replacement of $16.4 million in equipment and another $29.7 million for equipment maintenance over the next ten years. Of this $72.9 million total, $64.4 million is pay -as- you -go. This year the methodology for appropriating expenditures for new projects and increases or decreases for continuing projects has been changed to better reflect need on an annual basis. The City Council has shown its commitment to this community by continuing to ensure the maintenance and appearance of our City facilities. I want to thank Council for their efforts to communicate to management their priorities for the capital budget. City staff will continue to monitor the condition of all our infrastructure and facilities and make recommendations based on needs and available resources in the Annual Capital Projects Budget. Respectfully submitted, Mark Hindman City Manager Fiscal Year 2010-2011 Proposed cIP Budget $35 Utility Projects Uses of Funds 7.3% Drainage Projects 5.4% Parks & Recreation Projects 1.3% Municipal Facilities 32.2% Streets & Sidewalks 21.8% CIP Personnel 1.8 % Sources of Funds Grants Designated Reserves 20.5% Sales Tax 15.7% Aquatic Projects 0.5% Major Capital Equipment 2.8% Economic Development 19.9% ids of Obligation 25.5% Impact Fees 0.0% 8.9 %4 Summary of Project Expenditures 2010/2011 Capital Improvement Program Program Street & Sidewalk Projects Drainage Projects Utility Projects Parks & Recreation Projects Aquatic Park Projects Municipal Facility Projects Major Capital Equipment Program Economic Development Projects CIP -Other Total CIP Project Expenditures Project Proposed Estimated Remaining Total To Date 201012011 201112012 Amount Expenditures $30,802,452 $7,738,755 $10,307,520 $21,994,715 $70,843,442 3,442,000 1,903,000 2,355,000 2,750,000 10,450,000 4,498,000 2,595,205 3,999,899 50,538,954 61,632,058 2,287,017 451,500 3,220,141 14,368,850 20,327,508 219,000 2,191,000 345,000 4,545,000 7,300,000 14,871,066 11,417,289 8,561,966 6,202,129 41,052,450 305,000 1,508,282 363,282 0 2,176,564 2,261,361 7,051,577 0 0 9,312,938 839,665 639,803 622,048 955,224 3,056,740 $59,525,561 $35,496,411 $29,774,856 $101,354,872 $226,151,701 Summary of Project Funding 2010/2011 Capital Improvement Program MUNICIPAL FACILITY PROJECTS Permanent Building Maintenance Reserve Funding Proposed Estimated Remaining Total G_0_ Bonds To Date 201 012611 2611/2012 Amount Funds STREET & SIDEWALK PROJECTS 20,800,000 0 1,920,000 0 22,720,000 G_0_ Bonds $18,210,950 $640,000 $0 $3,425,000 $22,275,950 Certificates of Obligation 1,700,000 0 741,000 150,000 2,591,000 Project Savings Reserve 1,318,150 736,010 395,000 0 2,449,160 General Fund Reserve 100,000 150,000 0 0 250,000 Other 1,098,440 700,000 0 0 1,798,440 Grant Funds 18,804,657 1,865,000 1,120,020 1,120,020 22,909,697 Intergovernmental 2,500,000 0 0 0 2,500,000 Future 0 0 0 16,069,195 16,069,195 $43,732,197 $4,091,010 $2,256,020 $20,764,215 $70,843,442 DRAINAGE PROJECTS G_0_ Bonds $540,000 $1,115,000 $1,085,000 $0 $2,740,000 Certificates of Obligation 2,840,000 575,000 0 0 3,415,000 Project Savings Reserve 370,000 145,000 0 0 515,000 Future 0 0 1,100,000 2,680,000 3,780,000 $3,750,000 $1,835,000 $2,185,000 $2,680,000 $10,450,000 UTILITY PROJECTS Certificates of Obligation $2,310,100 $0 $0 $0 $2,310,100 Utility Operations for Capital Projects 971,023 760,000 0 0 1,731,023 Project Savings Reserve 555,000 1,620,000 0 0 2,175,000 Grant Funds 238,482 0 0 0 238,482 Future 0 0 3,060,104 50,513,954 53,574,058 Impact Fees 1,323,395 0 0 0 1,323,395 EPA Surcharge 280,000 0 0 0 280,000 $5,678,000 $2,380,000 $3,060,104 $50,513,954 $611,632,058 PARKS & RECREATION PROJECTS Certificates of Obligation $0 $0 $0 $3,500,000 $3,500,000 Sales Tax - Park Development 2,159,531 381,500 40,000 759,732 3,340,763 Other 79,346 0 0 0 79,346 Future 0 0 900,800 9,136,125 10,036,925 Grant Funds 1,326,188 70,000 1,927,845 46,441 3,370,474 $3,565,065 $451,500 $2,868,645 $13,442,298 $20,327,508 AQUATIC PARK PROJECTS Expansion Reserve $0 $0 $270,000 $0 $270,000 Future 0 0 75,000 4,545,000 4,620,000 Infrastructure Reserve 0 60,000 0 0 60,000 Certificates of Obligation 225,000 2,125,000 0 0 2,350,000 $225,000 $2,185,000 $345,000 $4,545,000 $7,300,000 MUNICIPAL FACILITY PROJECTS Permanent Building Maintenance Reserve $333,904 $0 $0 $0 $333,904 G_0_ Bonds 0 1,410,000 250,000 0 1,660,000 Certificates of Obligation 20,800,000 0 1,920,000 0 22,720,000 Sales Tax 1,100,000 3,000,000 0 0 4,100,000 Gas Fund Reserves 726,475 0 0 0 726,475 Reserves 1,350,000 0 0 0 1,350,000 Grants 0 153,000 0 0 153,000 Other 2,461,421 1,205,931 139,590 0 3,806,942 Future 0 0 0 6,202,129 6,202,129 $26,771,800 $5,768,931 $2,309,590 $6,202,129 $41,052,450 Summary of Project Funding 2010/2011 Capital Improvement Program CIP PERSONNEL/OTHER Economic Development Sales Tax Reserve Funding Proposed Estimated Remaining Total Grants To Date 201 012611 2611/2012 Amount Funds MAJOR CAPITAL EQUIPMENT PROGRAM 134,658 15,000 0 0 149,658 Certificates of Obligation $130,000 $285,000 $0 $0 $415,000 Information Services Reserve 175,000 388,282 128,282 0 691,564 Other Reserves 0 835,000 0 0 835,000 Other 0 0 235,000 0 235,000 Other $305,000 $1,508,282 $363,282 $0 $2,176,564 ECONOMIC DEVELOPMENT CAPITAL PROJECTS 0 0 5,135,904 89,146,403 94,282,307 General Fund Reserve $3,000,000 $0 $0 $0 $3,000,000 Certificates of Obligation 1,000,000 2,500,000 0 0 3,500,000 Other 426,475 0 0 0 426,475 Sales Tax Reserve - Economic Development 500,000 125,000 0 0 625,000 Gas Fund Reserves 1,711,463 0 0 0 1,711,463 General Fund Pay -as- you -go Reserve 50,000 0 0 0 50,000 $6,687,938 $2,625,000 $0 $0 $9,312,938 CIP PERSONNEL/OTHER Economic Development Sales Tax Reserve $0 $0 $0 $350,000 $350,000 Grants 120,000 0 0 0 120,000 Other 134,658 15,000 0 0 149,658 Utility Funds for Operations 264,687 283,470 293,182 298,136 1,139,475 Project Savings Reserves 320,320 341,333 328,866 307,088 1,297,607 Grant Funds $839,665 $639,803 $622,048 $955,224 $3,056,740 TOTAL CAPITAL IMPROVEMENT PROGRAM G_0_ Bonds $18,750,950 $3,165,000 $1,335,000 $3,425,000 $26,675,950 Certificates of Obligation 29,005,100 5,485,000 2,661,000 3,650,000 40,801,100 Sales Tax 3,259,531 3,381,500 40,000 759,732 7,440,763 Utility Operations for Capital Projects 1,235,710 1,043,470 293,182 298,136 2,870,498 Reserves 10,510,312 4,400,625 1,122,148 657,088 16,690,173 Grant Funds 20,489,327 2,088,000 3,047,865 1,166,461 26,791,653 Impact Fees 1,323,395 0 0 0 1,323,395 Other 6,980,340 1,920,931 374,590 0 9,275,861 Future 0 0 5,135,904 89,146,403 94,282,307 Total Project Funding $91,554,665 $21,484,526 $14,009,689 $99,102,820 $226,151,701 Schedule 1 201012011 Street & Sidewalk Capital Projects Budget Summary Map Pg. I.-D- No. Project Adopted Estimated Remaining To Date 2010/2011 2011/2012 Amount Total Continuina Proiects 1 27 Clo ce Court Northeast Loop 820 to Maplewood Ave. $ 700,040 $ 50,000 73 $0 So $ 750,000 2 29 Colorado Blvd Boulevard 26 to Harwood Rd. 130 625,000 0 l3pring Oaks Screening Wall 0 0 IMeado wlakes Drive Bride LH. 820 [TxDO 625,000 3 31 Davis BIvdlMid- Cities Blvd Intersection [TEA-211 1 700,040 1,405,000 1 485,0001 1,520,000 0 01 3,625,000 4 33 Douglas Lane (Hightower Drive to Starnes Road 1 10,691,295 1,250,000 700,000 0 0 1,950,000 5 35 Glenview Dr. Street Lighting Hone Ln. to Diamond Loch 61,000 0 0 0 61,000 6 37 Grand Avenue (LibrarV to Health Markets Access Road 75,000 0 4 1 0 75,000 7 1 39 1 Honey Lane, Phase 1 CD BGJ 187,412 22,745 0 0 210,157 8 41 Mackey Drive (Briley Dr. to Glenview Dr. 320,000 300,000 0 0 620,000 9 43 North Tarrant Pkwy- Street Imp. Davis to Whitley Rd. 18,257,150 0 0 0 18,257,150 45 NRH Park and Ride rCMAQJ 300 0 0 0 300,000 10 47 Rufe Snow Dr. Street & Utility Imp. Karen to 820 885,950 0 0 0 885,950 11 49 Rufe Snow Dr. Street & Utility Im Mid - Cities to H ightlywe r 3,325,000 2,275,000 7,127,000 1,000,000 13,727,000 12 51 Sh ady Grove Rd. Street Im Davis to Cla - Hibbins 1,048,440 100,040 0 0 1,148,440 53 Solar Power School Zone Beacon Upgrades 70 110 0 0 180,000 13 55 Starnes Road Street Imp. RuFe Snow to Crosstimbers 305,000 295,000 4 4 600,000 14 57 Tabor Street Imp- Rufe Snow Dr. to Steven St. 50,000 350,000 0 0 400,000 15 59 Terry Drive Street Imp- Susan Lee Ln. to N. Richland Blvd. 55,000 320,000 0 0 375,000 61 Traffic Light Adaptive System 4 0 4 632,500 16 63 Traffic Si nalization at Davis Boulevard & Creek Yew Drive t6 , 3 235,000 0 0 300,000 17 65 Trinidad Drive Rufe Snow Dr to Holida Ln 120,000 01 1 0 1 1,110,000 Total Continuing Projects $29,902,452 $6,282,745 $8,647,000 $1,000,000 $45,832,197 Preventive Maintenance Projects 66 Preventive Street Maintenance Projects 2014 $900,000 $0 $900,000 67 Preventive Sidewalk Maintenance Pro ects 2011 0 50 040 00 0 0 0 50,000 69 Preventive Street Maintenance Projects 2011 0 600,040 0 0 800,000 Total Preventive Maintenance Projects $900,000 $850,000 $0 $o $1,750,000 New Proiects 18 71 Hone Lane, Phase II CDBG $0 $185,000 19 73 Main Street Streetsca in Project 0 66,000 20 75 Snider Street Extension Pra ect 0 130 21 77 l3pring Oaks Screening Wall 0 225,000 Total New Projects Future Proiects 22 $o Boulevard 26 Widening (I. H- 820 to Precinct Line 23 $2,800,000 1,000,000 1,020,000 840,000 577,400 645,500 485,000 1 1,435,000 10,691,295 Boulevard 26/Harwood Road Intersection 24 0 Hi htower Drive Section C Smithfield to Davis 25 0 Hightower Drive, Section D Ston brooke to Eden 26 0 Hol id ay Lane Street Imp- Al LH. 820 to Dick Lewis 27 840,000 1 820 South Access Im provernents [TxD ❑ 28 1 IMeado wlakes Drive Bride LH. 820 [TxDO 29 1 1 Rufe Snow & Glenview Intersection Improvements 30 1 ISmithfield Road TOD Reconstruction Total Future Projects Total Project Costs $30,000 $o $215,000 230,500 230,500 527,000 1 1 270 020 2,800,050 0 0 225,000 $o $606,010 $1,660,520 51,500,520 $3,767,050 $0 $o $0 $ 2,800,040 $2,800,000 1,000,000 1,020,000 840,000 577,400 645,500 485,000 1 1,435,000 10,691,295 0 0 0 1,400,000 0 0 0 1 0 0 0 840,000 0 0 0 577,400 0 0 0 645,500 ol I ol I ol 1 485,0001 ol ol 01 1 1,435,000 0 k 0 01 1 10,691,295 $o $o $o $19,494,195 $19,494,195 $30,802,452 $ 7,738,755 $ 10,307,520 $21,994,715 $ 70,843,442 Map Pg. I.D. No. Sources of Funds G.O. Bands 2003 Program G.O. Bands 1994 Program G.O. Bands 1985 Program Certificates of Obligation Project Savings Permanent Sidewalk Maintenance Fund Permanent Street Maintenance Fund CDBG Funds TEA - 21 Fundin TxDOT Fundin City of Keller ARRA Stimulus Grant COG Sustainable Development Grant Developer Fundin General Fund Transfer Future Fundina Project Adopted Estimated Remaining To Date 2010/2011 2011/2012 Amount ❑ ❑ 741 395,000 0 0 0 0 0 0 0 1,120,020 0 0 Total $19,465,000 2,442,450 368,500 2,591,000 2,449,160 50,000 200,000 425,157 11,900,000 7,802,000 2,500,000 542,500 2,240,040 298,440 1,500,000 16, 069,195 Total Sources of Funds $43,732,197 $4,091,010 $2,256,020 $20,764,215 $70,843,442 Schedule 2 201812011 Drainage Capital Projects Budget Summary Map Pg. I.D. No. Continuing Proiects Project Adopted Estimated Remaining To Date 201012011 201112012 Amount 1 83 Briarwood Estates Drainage Improvements $1 $55 DD0 $0 $0 2 85 Brookhaven Drive Drainage Improvements 270 10 0 0 3 87 Brockridge Drive Drainage Improvements 120,000 0 0 0 - 89 Channel Cleaning I Street Drainage Imp- 2D10 235 0 0 0 4 91 Heidelburg Court Drainage Improvements 24 96 0 0 5 93 Meadowview Estates Channel Drainage Improvements 300 1 115 DDD 1 085 OQ0 0 6 95 Odell Street Drainage Improvements 585,000 D 0 0 7 1 97 Plumwood Drive Drainage Improvements 13 DDQ 52 DDD 0 0 8 1 99 1 Steeple Ridge Drainage Improvements 165 DDQ D 0 0 Total Continuing Projects $3,442,000 $1,328,000 $1,085,000 $0 Total $1,785,000 280,000 120,000 235,000 120,000 2,500,000 585,000 65,000 165,000 $5,855,000 New Projects 1 9 1101 IMeadow Creek Road Drainage 0 1103 Meadow Road Drainage Improvements ments $ 0 350,000 0 0 350,000 Total New Projects $0 $575,000 $0 $0 $575,000 Future Proiects - - Channel Cleaning 1 Street Drainage Imp- 2011 $0 $0 $0 $300 11 - Crane Road 1 Main Street Drainage Improvements 0 0 0 360 12 - Iron Horse Golf Course Drainage Improvements 0 0 0 1 13 - Jackie Lee Drainage Improvements 0 0 0 780,000 14 - Little Bear Creek LB-1 Improvements* 0 0 17D,000 70 15 - Odell Channel Im rovements D 0 0 50000 16 - Ston brooke Channel Drainage Im rovements 0 0 1 100 QQO 1FD DQ0 Total Future Projects Total Project Costs Sources of Funds $300,000 360,000 1,030,000 780,000 240,000 50,000 1,260,000 $0 $0 $1,270,000 $2,750,000 $4,020,000 Certificates of Obligation 2,840,000 575,DDD $3,442,000 $1,903,000 $2,355,000 $2,750,000 $10,460,000 G.O. Bonds 2003 Program $300,000 $1,115,DDQ $1,085,000 $0 Certificates of Obligation 2,840,000 575,DDD 0 0 G.O. Bonds 1994 Program' 165,500 D 0 0 G.O. Bonds 1965 Program' 74 D 0 0 Project Savings 370 145 0 0 Future Projects Q D 1,10D,000 2, 0,000 $2,500,000 3,415,000 165,500 74,500 515,000 3,780,000 Total Sources of Funds $3,760,000 $1,836,000 $2,185,000 $2,680,000 $10,460,000 * Funding allocated fDr Lffle Bear Creek (LB-1) Improvements Schedule 3 2010/2011 Utility Capital Projects Budget Summary Map Pg. I.D. No. Continuina Proiects Project Adopted Estimated Remaining To Date 201012091 201112012 Amount Total $1,200,000 1,000,000 1,368,000 650,000 520,000 1,130,000 125,000 55,000 - 111 Big Fossil Creek WastewaterOutfall $500,000 $0 $675,000 $25,000 1 113 IH 820 Ufili Ad. (interchange to Meadowlakes 1,000,000 0 0 0 2 115 Lift Station Expansion Boulevard 26 at Precinct Line 1,368,000 0 0 0 - 117 Sanitary Sewer System Assessment 280,000 370,000 0 0 3 119 Water Line Boulevard 261Cardinal Lane 40,000 415,205 64,795 0 4 121 Water Line (Holiday Lane and Iron Horse Blvd. 1,130,000 0 0 0 5 1123IWater Line Precinct LineTFRA Pum p Station 125,000 1 01 0 0 6 1125IWestem Center Water Facility Expansion 55,000 1 01 0 0 Total Continuing Projects New Proiects $4,498,000 $785,205 $739,795 $25,000 $6,048,000 $900,000 380,000 380,000 350,000 7 127 Bursey Elevated Tank Rehabilitation $0 $0 $200,000 $0 - 128 Misc. Water/Sewer Main Re lacement 2011 D 0 0 0 9 129 Small Water Main Replacements 2011 D M35D,DOO 0 0 10 130 Telemetri c Water Meter Annual Maintenance 201'1 D 0 0 0 Total New Projects Future Sewer Proiects $0 $1,810,000 $200,000 $0 $2,010,000 - Sanitary Sewer System Rehabilitation of Main Lines $0 $0 $1,300,000 $200,000 8 Line 1- 21" W W Relief Line along Loop 820 0 0 0 107,675 9 Line 10- 24" WW Line along Richland Plaza Dr 0 0 0 605,270 10 Line 11- 12' WW Line along Charles St 0 0 0 670,784 11 Line 12- 15" WW Line East along Whitfield Ct 0 0 0 1,548,624 12 Line 14- 30" WW Line along Oak Ridge Terrace D 0 0 565,958 13 Line 15- 12" WW Line East of Cummings 0 01 0 1 406,896 14 Line 16- 12715" WW Line along Thom bird Rd D 0 0 464,218 15 Line 17- 15" WW Line along Jennings Dr D 0 0 500,976 16 Line 18- 12" WW Line along Diamond Loch W D 0 0 300,392 17 Line 3- 30" W W Relief Line along Iron Horse Blvd D 0 0 748,944 18 Line 4- 18" W W Line along Little Ranch Rd D 0 0 1,813,224 19 Line 5- 2T' WW Line going north from Boulevard 26 D 0 0 1,431,360 20 Line 7- 27" WW Line going south from Boulevard 26 D 0 0 302,400 21 Line 8- Parallel 18" WW along Simmons Rd 0 0 0 1,181,783 22 Line 9 - 12" WW Line along Rumfield and Redwood D 0 0 1,450,848 Miscellaneous Sewer Line Rehabilitation 0 0 380,000 3,090,000 $1,500,000 107,675 605,270 670,784 1,548,624 565,958 406,896 464,218 500,976 300,392 748,944 1,813,224 1,431,360 302,400 1,181,783 1,450,848 3,470,000 Total Future Sewer Projects $0 $0 $1,680,000 $15,389,352 $17,069,352 Schedule 3 2010/2011 Utility Capital Projects Budget Summary Map Pg. I.D. No. Project Adopted Estimated Remaining To Date 201012011 2011/2012 Amount Total Future Water Proiects - $2,310,100 Water Storage Tank Site and Storage Facility Upgrades $0 $0 $0 120,000 23 0 Johnson Booster Pump Station Expansion 0 0 0 700,000 24 TXD ©T Line 1- 24" WL along Mid- Cities Blvd 0 0 0 1,460,390 25 0 Line 10- Add 5 MG GST at Watauga PS 0 0 0 5,174,400 26 0 Line 11- 8" WL from Davis Blvd 0 0 163,772 0 27 Line 12- 8" WL from existing 24" WL in Hightower Dr 0 0 163,772 0 28 Line 13- Install 3 pressure reducing stations; Hwy 377 0 0 1 322,5601 0 29 Line 14- Offsite water supply improvements 0 0 0 3,360,000 30 Line 15- 16" WL along N. Tarrant Pkwy 0 0 0 318,470 31 Line 16- 16" WL along Smithfield Rd 0 0 0 255,680 32 Line 17- 16" WL Hightower south along Meadow Rd 0 0 0 1,025,993 33 Line 18- 12" WL along Eagle Crest Dr 0 0 0 206,379 34 Line 19- 16" WL Rom existing 16" WL along Janetta Dr 0 0 0 1,150,330 35 Line 2- 30" WL along Mid - Cities Blvd 0 0 0 2,243,828 36 Line 20- 12" WL from Corona Dr 0 0 0 474,768 37 Line 21- 12' WL along Glenview Dr 0 0 0 737,251 38 Line 22- Expand pumping capacity at Watauga PS 0 0 0 2,016,000 - Line 23- Miscellaneous Water Line Rehabilitation 0 0 0 2,688,000 39 Line 24- 16" WL Rom Davis Blvd 0 0 0 640,147 40 Line 25- Replace existing 8" WL along Boulevard 26 0 0 0 490,896 41 Line 26- Replace 12" along Precinct Line Rd. 0 0 0 1,662,091 42 Line 27- New 12' WL from Precinct Line Rd 0 0 0 739,267 - Line 28- Miscellaneous Water Line Rehabilitation 0 0 0 2,016,000 43 Line 8- 12' WL across Loop 820 0 0 0 190,440 44 Line 9- 12' WL south from Janetta Dr along Holiday Ln 0 0 0 664,272 45 Shady Grove 2 MG Elevated Storage Tank 0 0 0 950,000 - Miscellaneous Water Main Replacement 0 0 380,000 3,040,000 Telemetric Water Meter Annual Maintenance 0 0 350,000 2,800,000 Total Future Water Projects Total Project Costs Sources of Funds $120,000 700,000 1,460,390 5,174,400 163,772 163,772 322,560 3,360,000 318,470 255,680 1,025,993 206,379 1,150,330 2,243,828 474,768 737,251 2,016,000 2,688,000 640,147 490,896 1,662,091 739,267 2,016,000 190,440 664,272 950,000 3,420,000 3,150,000 $0 $0 $1,380,104 $35,124,602 $36,504,706 $4,498,000 $2,595,205 $3,999,899 $50,538,954 $61,632,058 Certificates of Obligation $2,310,100 $0 $0 $0 Utility rations for Capital Projects 971,023 760,000 0 0 Project Savings 555,000 1,620,000 0 0 TXD ©T 238,482 0 0 0 EPA Surcharge 280,000 0 0 0 Impact Fees 1,323,395 0 0 0 Future Projects 0 0 1 3,060,104 1 50,513,954 $2,310,100 1,731,023 2,175,000 238,482 280,000 1,323,395 53,574,058 Total Sources of Funds $5,678,000 $2,380,000 $3,060,104 $50,513,954 $61,632,058 Schedule 4 201012011 Park and Recreation Capital Projects Budget Summary Mao Pg. ID No. Continuina Proiects Project Adopted Estimated Remaining To Date 2010/2011 2011/2012 Amount Total $729,183 928,000 1,600,000 164,400 37,500 250,000 90,000 120,000 2,400,000 55,000 3,500,000 1 141 Boulevard 26 Mufti -Use Trail PSTEAJ 5729,183 $0 $0 $o 2 143 Calloway Branch Trail Development [CMAQJ 250,438 0 642,562 35,000 - 145 Central West Neighborhood Park' 0 0 0 1,600,000 3 147 Davis Boulevard Streetsca a [TxDOTI 16.4,400 0 0 0 4 149 Education and Interpretative Si na a 27,500 10,000 0 0 5 151 Fossil Creek Area Revital Aion Project 1000 0 240,000 0 - 153 Founders and Le Recognition Program 90,co0 0 0 0 6 155 Lighting at Tipps Canine Hollow 120,000 0 500,000 0 7 157 Little Bear Creek Trail Development ISTEA 865,496 0 0 97,725 15 159 Trail Si na a and Identification 30 000 A25 g 0 8 161 Walker's Creek Park Phase 2 Adult Softball 0 3,500,000 Total Continuing Projects New Proiects $2,287,017 ;35,000 ;2,319,349 ;5,232,725 ;9,874,083 $50,000 70,000 161,500 100,000 35,000 Total New Projects Future Proiects $o $496,500 So $0 $416,500 - 162 Community Garden $0 $ 50,000 $0 $0 10 163 Conversion to Solar Power for City Entry Way Sign 0 70,000 0 0 - 164 Park Infrastructure Maintenance 011 0 161 0 0 - 165 Playground and Bleacher Shade 2011 0 100,000 0 0 9 167 Richland Tennis Center Asset Management 2011 0 35,000 0 0 Total New Projects Future Proiects $o $496,500 So $0 $416,500 - $ - 2007 Park Master Plan Future Priorities $0 $0 $0 $3,000,000 10 40,000 Adventure World PIaVqrou nd Renovation 0 0 0 500 - Grant Funds Annual Tree Planting 0 0 35,000 105,000 - - Asset Management - Park Infrastructure 0 0 11500 281,125 11 Cross Timbers Park Development Phase II 0 0 0 0 12 Disc Golf Course at Fossil Creek Park 0 0 250.000 0 13 Little Bear Creek Community Park 0 0 0 0 14 Northfield Park Redevelopment 0 0 500,000 4,500,000 - ISkateboard Park 0 0 0 750,000 15 JStonybrooke Neighborhood Park 0 0 0 0 $3,000,000 500,000 140,000 396,925 0 250,000 0 5,000,000 750,000 0 Total Future Projects $o $o ;900,800 ;9,936,125 $10,036,925 Total Project Costs $2,287,097 $451,500 $3,220,149 $14,368,850 $20,327,508 Sources of Funds Certificates of Obligations $ - $ - $ - $ 3,500,000 Sales Tax Reserve for CIP 2,159,531 381,500 40,000 759,732 Other 79,346 0 0 0 Grant Funds 1 70 000 $1 46 Future Funding 0 - $900,800 9,136,125 $3,500,000 $3,340,763 $79,346 3,370,474 10,036,925 Total Sources of Funds $ 3,565,065 $ 451,500 $ 2,868,645 $13,442,298 $ 20,327,508 1. Pmjecr To Date amount retlecls the projects progress as approved by Council. PARR Projects additional land acquisMon costs, which have been discussed with Council, though no fomnal revuinns has been submitted at this time. The re%isian will be submited once the full impact has been ascertained. The Long Range Plan re9ects the antci ated increase in land acquisition- 2. Projects that maybe included in the '2007 Pack Raster Plan Future Priorities' include, not in any specific order, Norich Park Phase II, Cross Timbers Phase II, Amphitheater, Skateboard Park, 6olanic Garden, Fossil Creek Improvements, and Neighborhood Park in the Central East Area - AddWonal funds will be allocated in future years to complete al the priorities. Schedule 5 201012011 Aquatic Park Capital Projects Budget Summary Map Pa.. Project Adopted Estimated Remaining ID No. To Date 201012011 201112012 Amount Total Continuing Projects 1 1 11731 Food Service Building $0 $0 $0 $ 0 $0 $2,191,000 2 174 New Attraction 75,000 1 $533,000 Future Funding 1 1,700,000 Total Continuing Projects $219,000 $2,131,000 $0 $0 $2,350,000 0 0 New Projects 1,045,000 5 Strategic Plan - Parkin Lot 0 - 11751NRH20 General Facility Im rovement 2011 $0 $fiD 000 $0 $D $60,000 Total New Projects $0 $60,000 $0 $0 $60,000 Future Proiects Total Future Projects Total Project Costs Sources of Funds $1,500,000 $75,000 $2,000,000 1,045,000 270,000 $0 $0 Aqua Quest $0 $0 $0 $1 500 OdD $219,000 $2,191,000 Enterprise & Strategic Development Update 0 0 75,000 - 3 Future Funding Multi-Purpose Event Area 0 0 0 2 000 ODD 4 Phase IV Attraction 0 0 0 1,045,000 5 Strategic Plan - Parkin Lot 0 0 27D 000 0 Total Future Projects Total Project Costs Sources of Funds $1,500,000 $75,000 $2,000,000 1,045,000 270,000 $0 $0 $345,000 $4,545,000 $4,890,000 Aquatic Park Infrastructure Reserve $219,000 $2,191,000 $345,000 $4,545,000 $7,300,000 Aquatic Park Expansion Reserve Aquatic Park Infrastructure Reserve Certificates of Obligation Future Funding $0 $270 000 $0 $270,000 fi{3,000 0 0 60,000 2 125 000 0 D 2,350,000 0 75,000 4,545,000 4,620,000 $225 $2,185,000 $345,000 $4,545 $7,300,000 Map Pa.. ID No. Continuina Proiects Schedule 6 2010/2011 Municipal Facility Capital Projects Budget Summary Project Adopted Estimated Remaining To Date 2010/2011 201112012 Amount Total 1 161 8201ideni - C Hall Modifications $1 $0 $0 $0 2 182 820 Wideni - Professional Services 300 0 0 0 3 163 Commu ity Center - South of Loop 820 14 Q 2 0 4 184 Davis Boulevard Property Aoquisibon-TOD Area 2 249 779 0 0 - 185 Facility Repairs from Snow Damage 69 27 0 0 5 186 JNRH Animal Ado tion Center 452 835 1 1 249 500 0 6 187 INRH Recreation Center CrIF #2 10 1 9 fi75 ODD 4 735 DDO 0 - 166IRoofing & Building Consultant 70 1 0 Total Continuing Projects $14,607,162 $11,264,289 $8,311,966 $0 Permanent Building Maintenance Proiects Total Permanent Building Maintenance Projects New Proiects $72 273 189 Flooring Replacement 2010 $0 $49000 $72,273 147 7 190 HVAC Replacement 2010 O 47 1 Q Q 0 147,195 191 1 ntehor /Exterior Renovations 201 Q Q 57 000 O Total Permanent Building Maintenance Projects New Proiects $72 273 $0 $0 $0 $49000 $72,273 147 7 Q Improvements EECBDG O 47 1 Q Q 0 147,195 44 436 11 nstallation of a Solar Photovoltaic System ARRA Q 57 000 O Q 44,436 $263,904 $0 $0 $0 $263,904 Total New Projects Future Proiects $0 $153,000 $0 $1,050,000 300,000 2,341,590 2,300,000 97,067 3,014,760 25,010,000 70,000 $34,183,417 $Q $49,000 0 47,000 Q 57,000 $0 $153,000 - 192 De Lamp City Buildings ARPA $0 $49000 $0 7 1 1931EnerwConservabon Improvements EECBDG 0 47 1 O Q 0 - 194 11 nstallation of a Solar Photovoltaic System ARRA 0 57 000 1 O Total New Projects Future Proiects $0 $153,000 $0 $1,050,000 300,000 2,341,590 2,300,000 97,067 3,014,760 25,010,000 70,000 $34,183,417 $Q $49,000 0 47,000 Q 57,000 $0 $153,000 - Q Emerg Op Center Q $ $250,000 001 Q 7 0 2 North Richland Hills Safe Town � Q 0 - - Public Safe Regional Tonal Trainin Facili 1 Total Future Projects Total Project Costs Sources of Funds S 2,447,937 3,754,192 $0 $0 $250,000 $6,202,129 $6,452,129 $14,871,066 $11,417,289 $8,561,966 $6,202,129 $41,052,450 Permanent Building Services Fund $333 0 0 G.O. Bonds Future Issuance 2003 P' ram 0 1 250 DDD 0 Certificates of Obligation ax Increment Financing District 20 SOD OQQ Q 0 0 Certificates of Obligations 0 Q 1,920 0 Sales Tax 1 1 DO DDQ 3 0 0 Commercial Loan 1 0 0 0 Gas Development Fund Reserves 726 Q 0 0 General Fund Designated Reserves 1,350,000 Q 0 0 onations un Animal Control Fund Raising Campaign 0 1 0 0 Grant Funds 0 153 OOD 0 0 Other 351,982 27,085 139,590 0 Future Projects 0 Q 0 6 $333,904 1,660,000 20,800,000 1,920,000 4,100,000 1,573,525 726,475 1,350,000 535,914 1,178,846 153,000 518,657 6,202,129 Total Sources of Funds $26,771,800 $5,768,931 $2,309,590 $6,202,129 $41,052,450 Q 250 0 Q $ $250,000 001 Q Q 0 0 2 2447 937 Q 0 0 3 3 $14,871,066 $11,417,289 $8,561,966 $6,202,129 $41,052,450 Permanent Building Services Fund $333 0 0 G.O. Bonds Future Issuance 2003 P' ram 0 1 250 DDD 0 Certificates of Obligation ax Increment Financing District 20 SOD OQQ Q 0 0 Certificates of Obligations 0 Q 1,920 0 Sales Tax 1 1 DO DDQ 3 0 0 Commercial Loan 1 0 0 0 Gas Development Fund Reserves 726 Q 0 0 General Fund Designated Reserves 1,350,000 Q 0 0 onations un Animal Control Fund Raising Campaign 0 1 0 0 Grant Funds 0 153 OOD 0 0 Other 351,982 27,085 139,590 0 Future Projects 0 Q 0 6 $333,904 1,660,000 20,800,000 1,920,000 4,100,000 1,573,525 726,475 1,350,000 535,914 1,178,846 153,000 518,657 6,202,129 Total Sources of Funds $26,771,800 $5,768,931 $2,309,590 $6,202,129 $41,052,450 $333,904 1,660,000 20,800,000 1,920,000 4,100,000 1,573,525 726,475 1,350,000 535,914 1,178,846 153,000 518,657 6,202,129 Total Sources of Funds $26,771,800 $5,768,931 $2,309,590 $6,202,129 $41,052,450 Schedule 7 201012011 Major Equipment Capital Projects Budget Summary Map Pg- LD No. Continuing Proiects Project Adopted Estimated Remaining To Date 2010/2011 201112012 Amount Total Total Continuing Projects New Proiects $130,000 95,000 $305,000 $95,000 $0 $0 $400,000 199 Aerial Bucket Truck Replacement Unit #6D4 (201 0) - $130,000 $0 $0 $D 0 20DIDump Truck Replacement Unit 680 2009 O 95 000 0 D $O 201 LenSec Security Camera System 175,000 O 0 0 Total Continuing Projects New Proiects $130,000 95,000 $305,000 $95,000 $0 $0 $400,000 $95,000 95,000 100,000 256,564 175,000 85,000 425,000 60,000 250,000 Total New Projects 202 Dump Truck Replacement Unit 682 2011 $0 $95 DOO $0 $0 0 203 Dump Truck Replacement Unit 690 2011 0 95 0 0 $O 204 GPS Monument Update Phase II 0 100 DOO 0 0 Total Sources of Funds $305,000 $1,508,282 $363,282 $0 $2,176,564 205 Police Department Toughbook Replacement 0 128,282 128,282 0 $235,000 206 Replacement of Quantix POS Software for NRH2O 0 175 0 O Sources of Funds 207 Replacement of Storage Area Network 0 85 000 0 0 208 SCADA Control Microsystems Upgrades 0 425 ODO 0 0 209 Traffic Signal Emergency Auxiliary Power 0 60,000 0 0 21 D Video Vehicle Detection System in Traffic Si nals 0 250 000 0 0 $95,000 95,000 100,000 256,564 175,000 85,000 425,000 60,000 250,000 Total New Projects $0 $1,413,282 $128,282 $0 $1,541,564 Future Projects 0 835,000 0 0 Information Services Reserve Directional Boring Machine Re lacement $ $O $235 $O $2 3 5,000 0 0 0 O 0 Total Sources of Funds $305,000 $1,508,282 $363,282 $0 $2,176,564 Total Future Projects $0 $0 $235,000 $0 $235,000 Total Project Costs $305,000 $1,508,282 $363,282 $0 $2,176,564 Sources of Funds Certificates of Obligation $130 $285 $0 $O $415,000 835,000 691,564 235,000 Project Savings 0 835,000 0 0 Information Services Reserve 175 ODD 388 128 282 D Future Projects 0 0 235,000 0 Total Sources of Funds $305,000 $1,508,282 $363,282 $0 $2,176,564 Schedule 8 201012011 Economic Development Capital Projects Budget Summary Mai) PAC. ID No. Continuina Proiects Project Adopted Estimated Remaining To Date 2010/2011 201112012 Amount $375,000 20,000 2,747,000 424,577 50,000 10,000 3,350,000 $0 $0 0 0 0 0 0 0 0 0 0 0 o a Total $ 450,000 200,000 3,000,000 1,937,938 $100,000 50,000 3,500,000 1 215 Boulevard 26 Intersection Imp. (@ Rodger Line) $75,000 - 217 Business Improvement and Growth (BIG) Program 180,000 2 219 Commercial Redevelopment Program 253,000 - 221 Loop 820 Redevelopment 1,513,361 - 222 SH 121/183 Bedford Euless Exit - Analysis & Concept Plan 50,000 - 1223 1 Sign Removal Assistance Program 40,000 3 12251TIF 1 Expansion - Intersection Imp.fUtility Burial 150,000 Total Continuing Projects $2,261,361 $6,976,577 $0 $0 $9,237,938 New Projects - 226 WayFnder Signs $0 $75,000 $0 $0 $75,000 Total New Projects Total Project Costs Sources of Funds $0 $75,000 $0 $0 $75,000 $2,261,361 $7,051,577 $0 $0 $9,312,938 General Fund Reserves $3,000,000 Certificates of Obligation 1,000,000 Commerical Loan 426,475 Sales Tax Reserve for Economic Development 500,000 Gas Fund Reserves {designated for ED activities} 1,711,463 Pay -as -you -go Reserve for Capital Improvements 50,000 $0 $0 $0 2,500,000 0 0 0 0 0 125,000 0 0 0 0 D 0 0 0 $3,000,000 3,500,000 426,475 625,000 1,711,463 50,000 ........... ............................... Total Sources of Funds $6,687,938 $2,625,000 $0 $0 $9,312,938 Schedule 9 201012011 CIP - Other Budget Summary Mao PA. Project Adopted Estimated Remaining - Utility Construction Personnel No. To Date 201012611 2011/2012 Amount Total Continuing Projects 228 1 Long Term E.. Efficiency EECBG ARRA $120,000 50 $0 $0 $120,000 229 INeighborhood Initiative Program 1 134,658 15 flfl0 011 0 149,658 Total Continuing Projects $254,658 $15.000 $0 $0 $269,658 Future Projects Neighborhood Revitalization- Enterprise Land Mgmt. $0 SO $0 $350,000 $350,000 Total Future Projects $0 so $0 $350,000 350,000 Total Project Costs $254,658 $15.000 $Q $350,000 $619,658 CIP Personnel - General CIP Personnel $ CIP Personnel - Utility Construction Personnel - Utility Munici al Facilities Pro ect Fundin Utili Construction Pro ect Fundin ` $388,470 398,182 408,136 1,564,475 337,254 345,685 354,327 1,366,203 764,079 783,181 802,760 3,081,404 105,000 105,000 110,000 (425,000) 760,004 800,000 850,000 (3,150,000) Total CIP Personnel Costs $585,007 $624,803 $622,048 $605,224 $2,437,082 Total CIP - Other and Personnel Costs $839,665 $639,803 $622,048 $955,224 $3,056,740 Sources of Funds Economic Development Sales Tax $0 $0 $0 $350,000 $350,000 Grants -EECBG (AR RA) 120,000 0 0 0 120,000 Other 134,658 15 0 0 149,658 Project Savings and Interest Income 264,687 283,470 293,182 298,136 1,139,475 - Utility Reserves and Interest Income 320,320 341,333 328,866 307,088 1,297,607 Total Sources of Funds $839,665 $639,803 $622,048 $955,224 $3,056,740 Portions of General CIP Personnel and Utility Construction Personnel are funded from specific projects Schedule 10 200912010 Budget Revisions Budget Summary Pg. No. Streit & Sidewalk Proiect% Project Adopted Revision To Date 2009/2010 2009/2010 232 Briley Drive (Lariat Tr. to Rufe Snow)' $70,000 $400,000 ($200,000) $200,000 $o Floorin g Replacement 2010 $270,000 233 Charles St. Offske Drainage Imp (CDBG -R10)" 0 0 65,000 65,000 0 Roofing & Building Consultant 65,000 234 Colorado Blvd Boulevard 26 to Harwood Road 80,000 620,000 75,000 545,000 0 625,000 235 Solar Power School Zone Beacon Upgrades 0 0 70,000 70,000 110,000 $120,000 180,000 236 Traffic Signal Light Adaplive System 0 270,000 362,500 632,500 0 $14,244 632,500 237 Yarmouth Avenue (Mid -Cities to Newcastle)' 50,000 420,000 80,000 500,000 0 $2,686,169 550,000 Total Street & Sidewalk Projects $ 200,000 $ 1,710,000 $ 302,590 $ 2,012,504 $ 119,900 :2,322,500 Drainage Projects 238 1 Odell Street Drain age Im rovements' $110,000 $470,000 $5,000 $475,000 $o $585,000 Total Drainage Projects $110,000 $470,000 $5,000 $475,000 so $585,000 Utlli Pro acts 239 Johnson Water Storage Tank Rehabilitation" $0 $120,000 $13,000 $133,000 $o $133,000 Total Utility Projects $0 $120,000 $13,000 $133,000 so $133,000 Parks & Recreation Projects 240 1 Grand Avenue Park Plaza" $100,000 $200,000 $34,566 $234,566 $0 $334,566 Total Parks & Recreation Projects $100,000 $200,000 $34,566 $234,566 $0 $334,556 Municinal Facilitv Capital Proinctc 241 Davis Blvd. Property Aoquisition - TOD Area $1,587,497 242 Facility Repairs from Snow Damage 0 243 Floorin g Replacement 2010 0 244 HVAC Replacement 2010 0 245 Interior IExtericr Renovations 2010 0 246 Roofing & Building Consultant 0 247 Public Works Dry Materials Storage Facility" 0 i Total Municipal Facility Projects Ma for Can Ital En ui nmant Protects $360,000 $300,000 0 69,982 47,273 25,000 112,000 35,195 42,852 1,584 0 70,000 0 86,455 200912010 Revised Remaining Budget Amount Total $660,000 $52,503 $2,300,000 97,067 72,273 147,195 44,436 70,000 86,455 69,982 27,085 72,273 0 147,195 0 44,436 0 70,000 0 86,455 1 0 $1,587,497 $562,125 $588,216 $1,150,341 $79,588 $2,817,426 $245,000 $o 509,819 57,681 200000 23,129 246 Ambulance Replacement Unit 946 [2010]" $0 249 Fire Engine Replacement [Unit 933]" 0 250 Replacement of Automated Ticket Writers" 0 Total Major Capital Projects $0 $954,819 $80,810 $245,000 $o $245,000 567,500 0 567,500 223,129 0 223,129 $1,035,629 $0 $1,035,629 Economic Development Projects $240,000 Certificates of Obligation 550,000 Federal /State Grants 0 Other 2511 Loop 820 Redevelopment $0 $0 $1,513,361 $1,513,361 $424,577 $1,937,938 Total Economic Development Projects $0 $0 $1,513,361 $1,513,361 $424,577 $1,937,938 Other Projects 252 Long Term Energy Efficiency $0 $0 $120,000 $120,000 $o $120,000 253 Neigh borh ood Initiative Program 14,244 91,698 1 28,716 120,414 0 134,658 Total Other Projects $14,244 $91,698 $148,716 $240,414 so $254,658 Total Project Costs $2,011,741 $4,108,642 $2,686,169 $ 6,794,811 $ 614,165 $ 9,420,717 Sources of Funds G.O. Bonds $240,000 Certificates of Obligation 550,000 Federal /State Grants 0 Other 123,896 Commercial Loan 0 Gas Development Fund 2,000,000 Park Sales Tax 300,000 Court Technology Reserves 0 Reserves 51,865 $1,600,000 ($395,000) 765,000 (106,250) 0 911,250 0 167,199 0 2,000,000 0 237,938 0 0 200,000 23,129 392,125 132,480 $1,205,000 $o $1,445,000 1,208,750 911,250 318,180 2,000,000 2,237,938 300,000 223,129 776,470 658,750 D 911,250 0 167,199 27,085 2,000,000 0 237,938 0 0 223,129 0 724,605 1 D Total Sources of Funds $ 3,265,761 $3,157,125 $ 2,970,746 $ 6,127,871 $27,085 $ 9,420,717 Note: " Projects completing in FY2009.10 Street & Sidewalk Capital Projects Briley Drive (Lariat Tr. To Rufe Snow) S T9O1 PROJECT DESCRIPTION E JUSTIFICATION Briley Drive is identified on the Master Thoroughfare Plan as a Minor Collector, 2 Lane, Undivided {C2U }. However, Briley Drive is currently constructed as a 'residential' street and because of right -of -way constraints the roadway will he re- constructed to its original width. This 2003 Bond Program project will begin at Lariat Trail and will end at Rufe Snow Dr. Currently, the existing street consists of asphalt pavement. This project will consist of reconstructing approximately 1,000 feet of street with concrete pavement and will provide drainage improvements necessary to comply with current city standards.. This section of Briley Drive was originally constructed in 1960 as an asphalt street. The average life of an asphalt street is 20 years. This street is approximately 45 years old and was overlaid in 1970. The current street condition rating is 67. This rating is considered to be fair, consisting of major cracks with significant surface deterioration and minor potholes. Because of the street's condition, the 2003 Citizen Bond Committee included it in the 2003 Bond Program. The funding is 2003 General Obligation Bonds PROJECT STATUS Original 2009110 Original 2009110 Start Date Revision End Date Revision Engineering /Design 0412009 - 0912009 Construction 1112009 - 0912010 Other REVISION EXPLANATION Construction of the project is almost complete at just under $200,000. FINANCIAL DATA 00 $200,000 $0 $270,000 200912010 2009/2014 Total Funding Source Amount to 240912010 Proposed Revised Remaining Project Date Adopted Revision Budget Balance Cost Prior Funding Allocations: General Obligation Bonds $70,000 $434 ($230, 000) 5240,004 $0 $270,000 Proposed Funding Allocations: Total $70,004 $434,040 $230,000 $200,000 $0 $270,000 Project Expenditures Engineering $70,000 SD $0 $D $0 $70,000 Construction ❑ 400,040 (200,000) 200,000 0 200,000 Total $70,000 $400,000 $200, 0 IMPACT ON OPERATING BUDGET No operating impact is anticipated. Annual Operating Impact 201012011 2011/2012 2012/2013 2013/2014 2014/2015 Total Projected $❑ $0 $0 $0 $o $0 00 $200,000 $0 $270,000 Drainage Capital Projects Charles Street Offsite Drainage Improvements [CDBG -R] CDBG-RIO PROJECT DESCRIPTION & JUSTIFICATION This is a Community Development Block Grant (CDBG) project that is being funded through the federal American Recovery and Reinvestment Act (ARRA ). These additional funds in the CDBG Program have been termed as CDBG -R funds. These additional CDBG -R funds are proposed to be used for drainage improvements to the existing offsite drainage system that supports the City's current 33rd Year and 34th Year CDBG Project {Charles Street, Phases I &II, Reconstruction Project }. The existing offsite drainage system was most likely constructed with the initial construction of Charles Street which was in 1959_ The existing system collects drainage from an almost 13 acre area and conveys this drainage through a 24" diameter pipe. The capacity of this existing 24" pipe does not comply with the City's current drainage criteria_ This project consists of removing the existing 24" diameter reinforced concrete pipe and replacing this pipe with a 4' X 2' reinforced concrete box between two (2) existing residences on Charles Street (3739 Charles Street and 3745 Charles Street ). PROJECT STATUS Original 200912010 Original 2009/2010 Start Date Revision End Date Revision Engineering - 812009 - 1012009 Construction - 1212009 - 0412010 REVISION EXPLANATION This project was not included in the FY 2009 -2010 Budget because the availability of the federal funds (CDBG -R funds) and the specific criteria for their use was not known until after the FY 2009 -2010 Budget was prepared for Council review. Additional funding is necessary for the construction of this project. This additional funding is proposed to be from the 2000 Certificate of Obligation Unspecified funds as the bid from the lowest responsive bidder is $4,826.33 more than the City's CDBG -R allocation. FINANCIAL DATA IMPACT ON OPERATING BUDGET No operating impact is anticipated. Annual Operating Impact 200912010 201012011 2{71112012 20/2/2013 201312014 Total Pro ected $0 $0 $0 $0 $0 'NOTE: This is a new project that was added to the budget because of the availability of additional CDBG funds through the ARRA. $0 200912010 2009/2010 Total Funding Source Amount to 200812009 Proposed Revised Remaining Project Date Adopted Revision Budget Balance Cost Prior Funding Allocations: 5U $0 $Q $0 $0 $0 Proposed Funding Allocations: CDBG -R Funds $0 50 $60,000 $60,000 $0 $60,000 2000 CO Unspecified funds $5,000 $5,000 $5,000 Total $0 $0 $65,{74D $65,000 $(] $65,000 Project Expenditures Engineering/Professional Services $Q $0 $0 $0 $0 $0 Right -of- -Way $Q $0 $0 $0 $0 $0 Construction $Q $0 $65,000 $65,000 $0 $65,000 Total $Q $0 1 233 $65,000 $65,{700 $0 $65,000 233 Street and Sidewalk Capital Projects Colorado Boulevard (Boulevard 26 to Harwood Road) S T0903 PROJECT DESCRIPTION E JUSTIFICATION This street is identified on the Master Thoroughfare Plan as a residential, two (2) lane, undivided (R2U ). This 2003 Bond Program project will begin at Boulevard 26 and will end at Harwood Rd. Currently, this street consists of asphalt pavement. This project will consist of reconstructing approximately 1,200 feet of street with concrete pavement and providing drainage improvements necessary to comply with current city standards. Traffic calming features will be integrated into the design because of cut - through traffic concerns This section of Colorado Blvd. was originally constructed in 1960 as an asphalt street. The average fife of an asphalt street is 20 years. This street is approximately 48 years old. This section of Colorado Blvd. is located between Boulevard 26 and Harwood Rd, and has significant "cut- though" traffic. The current street condition rating is 59. This rating is considered to be fair, consisting of major cracks with significant surface deterioration, alligator cracks with potholes, and sub grade deterioration. PROJECT STATUS Original 2009110 Original 2009/10 Start Date Revision End Date Revision Engineehng/Design 0612009 0212010 Construction 0412010 1112010 Other REVISION EXPLANATION City Council approved $800,000.00 in the 2008 -2009 budget for the Colorado Blvd. reconstruction project. Funding for the construction phase was for $700,000.00. $525,000.00 of Certificates of Obligation has been sold to date for construction with $175,000.00 remaining. Given that the construction contract came in under budget, Staff feels the remaining $175,000.00 is no longer needed to complete this project Staff is respectfully requesting a budget revision to lower the total cost of the project from SBQ❑,000.00 to $625,000.00. FINANCIAL DATA IMPACT ON OPERATING BUDGET No operating impact is anticipated. A Projected $D nnual Operating Impact 201012011 201112012 2012f2013 $0 $0 $0 2013/2014 $Q 201412015 Total $0 2009/2010 200912010 Total Funding Source Amount to 2009/2010 Proposed Revised Remaining Project Date Adopted Revision Budget Balance Cost Prior Funding Allocations: General Obligation Bonds $100,000 $700,000 ($175,0001 $525,000 SD 5625,000 Proposed Funding Allocations: ❑ o o D ❑ (S175.000) Total $100,000 $700,000 �175.D00} $525,000 $0 5625,000 Project Expenditures €ngineering $BQ,000 $20,000 �D 520,000 $D $100,000 Construction ❑ 600,000 (75 525,000 0 525,000 Other ❑ D 0 D Q 0 Total $80,000 $620,000 $75, 0 00 $545,000 $Q $625,000 Street and Sidewalk Capital Projects PROJECT DESCRIPTION & JUSTIFICATION This project will upgrade 40 school zone flashing beacons with solar power instead of direct electrical connections and replace the beacons' incandescent light bulbs with LEDs. This project would finish upgrading all of the 67 locations throughout the City adjacent to school areas. This project will reduce overall energy consumption. Solar Power School Zone Beacon Upgrades ST1007 Grant funding is from the Energy Efficiency Conservation Block Grant Program (EECBG) as part of the American Recovery and Reinvestment Act stimulus package. D17n IFf T CTATI IQ Original 2009/10 Start Date Revision Original 2009110 End Date Revision Engineering /Design Construction Other REVISION EXPLANATION 411012010 811/2010 611/2010 12/1/2010 Additional time was needed for staff to prepare bid documents for this project. FINANCIAL DATA IMPACT ON OPERATING BUDGET No operating impact is anticipated. Annual Operating Impact 2010/2011 2011/2012 1 1 2012/2013 1 12013/2014 1 12014/2015 1 Total Projected 1 $ 1 50 1 1 $0 1 1 $Q 1 1 $Q I $0 235 2009/2010 2009/2010 Total Funding Source Amount to 200912010 Proposed Revised Remaining Project Date Adopted Revision Budget Balance Cast Prior Funding Allocations: $0 so 50 $G $0 $0 Proposed Funding Allocations: EECBG Grant 0 _ 180,000 180,000 0 180,000 Total $0 50 $180,000 $180,000 50 $180,000 Project Expenditures $0 so $0 $0 $0 Engineering Construction 70,000 570,000 110,000 180,000 Other 1 0 1 1 ri 1 1 0 1 0 1 0 1 0 Total 1 $0 1 1 SCI 1 1 $70,000 1 1 $70,000 1 1 $110,000 1 5180,000 IMPACT ON OPERATING BUDGET No operating impact is anticipated. Annual Operating Impact 2010/2011 2011/2012 1 1 2012/2013 1 12013/2014 1 12014/2015 1 Total Projected 1 $ 1 50 1 1 $0 1 1 $Q 1 1 $Q I $0 235 Street and Sidewalk Capital Projects Traffic Signal Light Adaptive System S T1004 PROJECT DESCRIPTION & JUSTIFICATION This project will consist of installing a Traffic Signal Light Adaptive System at 20 intersection along Rufe Snow Drive, Mid- Cities Boulevard and Holiday Lane corridors. This system will control the traffic signal lights by being responsive to changing vehicle demands in a real time environment. The system requires equipment such as cameras for vehicle detection, signal controllers and special radio controlled receivers and transmitters. A central computer along with specialized software is also required. Traffic signal timing plans are an excellent way to move traffic along a corridor. The major disadvantage of these signal timing plans is that they cannot adjust or read to real time traffic flows. For example, signal timing plans along a corridor usually all have the same cycle length at each intersection. This is done to maintain progression along the corridor, but if the traffic demand increases or decreases, the same signal timing plans continue to operate the same. The Adaptive System does not require any signal timing plan updates. It is always responsive to vehicle demand, and cycle lengths along the corridor do not need to be the same at each intersection. The Adaptive System is intelligent enough to learn the traffic flows along a signalized corridor. The Reserves fund is from the General GIP project savings. PROJECT STATUS Original 20 09110 Original 2009110 Start Date Revision End Date Revision Engineering /Design - 0412010 - 0912010 Construction 10/2009 - 0912010 0312011 Other REVISION EXPLANATION The City of North Richland Hills' Public Works Department has recently been awarded $362,50 0.00 in ARRA stimulus grant funding. These additional funds will allow the City to expand the project from seven (7) intersections to twenty (20) intersections. The Public Works Department respectfully requests a budget revision for the additional $362,5 00.00 to be made available this fiscal year. Because this is a reimbursement grant agreement, funds must be readily available in advance to cover up front costs. The City will be reimbursed on a monthly basis not to exceed $362,500.00, the amount of the grant. FINANCIAL DATA IMPACT ON OPERATING BUDGET No operating impact is anticipated. A Projected $❑ nnual Operating Impact 2010/2011 2 ❑1112012 2012/2013 $0 $0 $Q 2013/2014 $Q 2014/2015 Total $4 20 0912 010 200912010 total Funding Source Amount to 200912010 Proposed Revised Remaining Project Date Adopted Revision Budget Balance Cost Prior Funding Allocations: Reserves SIC $270,000 $❑ $270,000 $D $270,000 Proposed Funding Allocations: ARRA Traffic Signal Synchronization or ❑ ❑ 362,500 362,500 D 362,500 Re Grant Total $❑ $270,000 $362,500 $632,500 $0 $632,500 Project Expenditures Engineering $❑ $1 0,0 00 $10, 000 $20,000 $0 $20,000 Construction ❑ 2.6 0,000 352,500 612,500 Q 612,500 Other ❑ ❑ 0 D 0 ❑ Total $0 $27 0,000 $362,500 $6 32,500 $0 $632,500 Street and Sidewalk Capital Projects Yarmouth Avenue (Mid - Cities Blvd. to Newcastle Pi.) STO91O PROJECT DESCRIPTION & JUSTIFICATION Yarmouth Avenue is identified on the Master Thoroughfare Plan as a Residential, 2 Lane, Undivided (R21J) Street. This 2003 Bond Project will begin at Mid - Cities Blvd. and will end at Newcastle Place. Currently, the existing street consists of asphalt pavement. This project will consist of reconstructing approximately 1,600 feet of street with concrete pavement and providing drainage improvements necessary to comply with current city standards. This section of Yarmouth Avenue was originally constructed in 1971 as an asphalt street. The average life of an asphalt street is 20 years. This street is approximately 37 years old and was overlaid in 1985. The current street condition rating is 56. This rating is considered to be fair, consisting of major cracks with significant surface deterioration, minor potholes, and subgrade deterioration. The General Obligation Bonds are part of the 2003 Bond election. PROJECT STATUS Original 2049110 Original 2009110 Start Date Revision End Date Revision EngineeringlDesign 5/2009 1212009 Construction 0212010 0312010 1212010 0812010 Other REVISION EXPLANATION The replacement of the existing problematic clay sanitary sewer was included in both the design and the construction of the project. While the budgeted amount for Engineering/Design could accommodate the design of this replacement sanitary sewer, the actual lowest responsive contractor bid for the project was approximately $10,000 over the budgeted amount of the project's construction budget. This Budget Revision will increase the construction portion of this project's budget which will allow for the existing problematic clay sanitary sewer to be replaced as part of the street reconstruction project. Currently, the adoptive budget shows a total of 5409,000 approved for construction cost for FY2009 -2010, with the remaining balance of $70,000 proposed for construction in FY 2010 -2011. After receiving the executed contract and Notice to Proceed letter, this project will be completed in August of 2010 not December 2010 as originally planned. Public Works is requesting the remaining balance of $70,040 be included in this fiscal year's budget (2009 -2010) to cover all construction cost due to the change of schedule. FINANCIAL DATA IMPACT ON OPERATING BUDGET No operating impact is anticipated. Annual Operating Impact 2010/2011 2011/2012 2012/2013 201312014 201412015 Total Pro ected $0 $0 $0 50 5o SO 2009/2010 2409/2010 Total Funding Source Amount to 200912010 Proposed Revised Remaining Project Date Adopted Revision Budget Balance Cost Prior Funding Allocations: General Obligation Bonds $70,040 $474,O00 $10,000 5480,0 04 50 $550, 040 Proposed Funding Allocations: 0 0 4 4 0 4 Total $7 0, 000 $470,O00 $10,O00 $480,040 50 $550, 000 Project Expenditures Engineering $50, 000 $20,000 $❑ $20,044 50 $70, 000 Construction 4 404,O00 80,O00 480,004 0 480,000 Other 4 0 ❑ 0 0 4 Total $54,440 $424,400 $80,000 5500,00 0 50 $554,400 Drainage Capital Projects Odell Street Drainage Improvements DR0911 PROJECT DESCRIPTION E JUSTIFICATION this project would reconstruct Odell Street from Davis Boulevard to Smithfield Road to current standards providing the necessary capacity to effectively convey runoff to the Davis Boulevard storm drain system. The project includes approximately 800 linear feet of reinforced concrete pavement and approximately 700 linear feet of storm drain pipe with inlets.. As a connector between Davis Boulevard and Smithfield Road, Odell Street is on of the City's busier residential streets. Although the existing pavement section includes curb and gutter, it was constructed 25 to 30 years ago and does not meet current drainage standards and performs poorly in heavy storm events. The storm water runoff overtops the curb and flows through private property causing damage to fences and other private property. By reconstruction the street at a lower elevation, it would allow more of the storm water runoff to be collected and carried in the street. Staff is not aware of anyone getting flood waters in their homes. However Public Works has received several complaints concern ing property damage. PROJECT STATUS Original 2009110 Original 2009/10 Start Date Revision End Date Revision Engineering/Design 0112009 - 0912009 Construction 0112010 0312010 1012010 Other REVISION EXPLANATION City Council approved $630,000.00 in the 2008 -2009 budget for the Odell Street Drainage Improvement project. Funding for the construction phase of Odell was for 5520,000.00. $475,000.00 of Certificates of Obligation has been sold to date for construction with $45,000.00 remaining. Given that the construction contract came in under budget, Staff feels the remaining $45,000.00 is no longer needed to complete this project. Staff is respectfully requesting a budget revision to lower the total cost of the project from $630,000.00 to $585,000.00. FINANCIAL DATA IMPACT ON OPERATING BUDGET No operating impact is anticipated. A Projected $D nnual Operating Impact 201012011 2011/2012 2012f2013 50 $0 $0 2013/2014 $Q 201412015 Total $0 2009/2010 200912010 Total Funding Source Amount to 2009/2010 Proposed Revised Remaining Project Date Adopted Revision Budget Balance Cost Prior Funding Allocations: Certificates of Obligation S110,000 $520,000 ($45,000) $475,000 50 $585,000 Proposed Funding Allocations: a o n - D ❑ Total 5110,000 $520,000 {545.000} $475,000 $0 5585,000 Project Expenditures Engineering $110,000 50 $0 SD $0 $110,000 Construction ❑ 470,000 5, 000 475,000 Q 475,000 Other ❑ 0 D 0 0 ❑ Total $110,000 $470,000 55, 0 00 $475,000 $0 5585,00❑ Utility Capital Projects Rehabilitation of the Johnson Water Storage Tank UT1003 PROJECT DESCRIPTION E JUSTIFICATION This project will consist of sealing the interior portion of the water storage tank located at Harwood Road and Boulevard 26 near the Tarrant County College facility. The existing concrete floor inside the water storage tank along with the vertical walls will be sealed with a product that is designed to stop leaks inside the water tank. The interior of the tank must be cleaned, and the concrete floor surface and vertical walls must be prepared for the sealing product. A series of primers and fillers will be applied that will correct surface defects and help to prevent corrosion of the interior tank. The Johnson Water Storage Tank was constructed in 1961. Corrosion along the bottom joint seal has occurred along with small non- structural cracks in the concrete floor. This bottom joint seal, along with small cracks in the concrete floor, has allowed water to leak out of the tank. This is a violation of TCEQ regulations. Staff has made several repairs to stop the leaking, but the repairs were only designed to last for a short period of time. A permanent repair is available and this project will accomplish this. A product made of polyurethane, typically called Elasto - Shield is designed for water storage tanks and will eliminate any water leaks and will help with the corrosion problem. PROJECT STATUS Original 2009110 Original 2009/10 Start Date Revision End Date Revision Engineehng/Design Construction 1012009 0712010 912010 912010 Other REVISION EXPLANATION Formal bids were solicited for an Elasto-Shield application for the Johnson Water Storage Tank with Corrosion Eliminators as the selected contractor for the job. On May 28, 2010, Corrosion Eliminator contacted the Purchasing department to withdraw their bid due to a pricing error for paint material which would have increased the cost of their bid. Staff is currently in the process of rebidding the project and respectfully request a budget revision to cover the cost of the project by the second lowest bidder at a bid of $133,000. FINANCIAL DATA IMPACT ON OPERATING BUDGET No operating impact is anticipated. A Projected $D nnual Operating Impact 201012011 201112012 201212013 5D $0 $0 2013/2014 $Q 201412015 Total $0 2009/2010 200912010 Total Funding Source Amount to 200912010 Proposed Revised Remaining Project Date Adopted Revision Budget Balance Cost Prior Funding Allocations: Reserves $0 $120,000 50 $120,000 50 $120,000 Proposed Funding Allocations: UCIP Account D D 13,000 13,000 D 13,000 Total $0 5120,000 $13,000 $133,000 $0 $133,000 Project Expenditures Engineering $0 50 $D 5i! 50 $0 Construction D 120,000 13,000 133.00 0 D 133,000 Other D 0 0 D D D Total $D $120,000 $13,000 $133,000 $0 5133,000 Parks & Recreation Capital Projects Grand Avenue Park Plaza PKO7O5 PROJECT DESCRIPTION & JUSTIFICATION This project includes the design and development of a park plaza which will be located in front of the new library. The space will include irrigation, turf, landscaping, pavestone, park lighting features, park benches and other park plaza related amenities. The space will compliment the area development and provide a perfect setting for outdoor book readings, a lunch concert series, art shows and general passive use. One of the highlights of the space will be a significant piece of public art which has a separate project detail sheet. The land for the park plaza was donated by Arcadia in November, 2007, and provides a needed open green space in the development area. The park plaza will be available to all residents and will provide a good programming space for outdoor book readings, lunch concert series and small art shows. Residents and guests will enjoy the outdoor space for passive use such as individual reading, quiet reflection or as a social gathering space. PROJECT STATUS Original 2009/10 Original 2009110 Start Date Revision End Date Revision Engineering /Design 0612007 0812009 0712008 0312010 Construction 10/2008 0712009 0112010 03120 Other REVISION EXPLANATION The project is being revised to include the replacement of existing ROW sidewalks at Stormy Plaza due to heaving. The contractor for Stormy Plaza, American Landscape Systems was able to incorporate the ROW sidewalk replacement project along with other concrete work for Stormy Plaza and take advantage of economy of scale. The sidewalk projected totals $34,545.50. Funding will be provided from Reserves - ❑3BE- Streets 2003 GO/Construction (330- 8453- 603.79 -03) FINANCIAL DATA IMPACT ON OPERATING BUDGET No operating impact is anticipated. A Projected $2,254 nnual Operating Impact 2010/2011 2011/2012 2012/2013 $2,344 52,438 $2,536 2013/2014 2014/2015 Total $2,637 $12,209 200912010 2009/2014 total Funding Source Amount to 2 00912010 Proposed Revised Remaining Project Date Adopted Revision Budget Balance Cost Prior Funding Allocations: Sales Tax $300,000 50 5�ri 50 $0 $300,004 Proposed Funding Allocations: Reserves 03BE- Streets 2003 GOIConstruotion ❑ D 34,566 34,566 D 34,566 Total 5300,000 50 $34,566 $34,566 $0 $334,566 Project Expenditures Engineering $26,800 50 $0 $D $0 $26,800 Construction 73,200 204,000 34,566 234,566 Q 307,766 Other ❑ ❑ ❑ D Q ❑ Total $100,000 $200,000 $34,566 $234,566 $0 $334,56fi Municipal Facility Capital Projects Davis Boulevard Property Acquisition - TOD Area BD 0006 PROJECT DESCRIPTION & JUSTIFICATION The project consists of the purchase of property in the Smithfield TOD area. The area in the Smithfield TOD is key to facilitating long range transportation and land use needs attributed to regional and local growth. The actual use or uses are to be determined, understanding there is a chance for municipal use or that is can be sold for other purposes and uses. The original purchase was 6701 Davis Blvd on July 13, 2409 for $1,587,497. Note: The original purchase was funded with a commercial loan. Repayment will be from Gas Development Reserves - General Use Any additional property acquired will be cash purchases using Gas Development Reserves - General Use. PROJECT STATUS Original 240912410 Original 2009/2010 Start Date Revision End Date Revision Other 4712049 4712014 REVISION EXPLANATION 6612 Snider St. was purchased on Oct 12, 2049 for $242,685 and 6808 -6828 Mickey Ct. was purchased on Oct 26, 2049 for $220,038. FINANCIAL DATA 240912410 2409/2010 Total Funding Source Amount to 240912410 Proposed Revised Remaining Project. Date Adopted Revision Budget Balance Cost $52,503 $2,304,040 Prior Funding Allocations: Gas Development Reserves - General Use $2,004,040 $4 ($1,273,525) ($1,273,525) 5n $726,475 Proposed Funding Allocations: Commercial Loan D D $1,573,525 $1,573,525 D $1,573,525 Total $2,004,040 $4 $340,400 $300,004 $4 $2,304,040 Project Expenditures Land/Right-of-Way $1,587,497 $360,000 $340,404 $660,004 $52,503 $2,304,040 Total $1,587,497 $364,040 $340,40 IMPACT ON OPERATING BUDGET Annual Operating Impact 240912410 2414/2411 2411/2412 2412/2013 2413/2014 Total Pro ected $4 $4 $0 $0 $4 $0 0 $660,004 $52,503 $2,304,040 Municipal Facility Capital Projects Facility Repairs from Snow Damage FC 1008 PROJECT DESCRIPTION E JUSTIFICATION This project repairs /replaces awnings, shade structures, overhead foul ball projection nets that were damaged in the February 2010 snow storm. The awnings located at City Hall and the Fleet Services shop will be replaced. Shade structures and overhead foul ball protection nets at Walker's Creek Park will be repaired. Shade structures over the playground area at Dick Faram Park will be repaired. At the NRH2O Family Waterpark structural repairs were needed to two of the park's shade structures. One is located in the northern NRH20cean seating area and the other is at the top of the slide tower for the body slides and PurplepaloozafDouble Dipper. Replacing the netting at Walker's creek will provide protection for spectators watching games at the facility. The shade structures provide shade for citizens and guests enjoying the City's parks and NRH20. The awnings will protect City employees and equipment. Funding will be from insurance proceeds and the City's deductible. PROJECT STATUS Original 2009110 Original 2009110 Start Date Revision End Date Revision Engineering/Design 411110 - 7!7110 Construction 411110 - 12/30/10 Other REVISION EXPLANATION Several city facilities were damaged by the heavy snow storm in February 2010. An insurance claim was filed and funding has been received. FINANCIAL DATA 200912010 2009/2010 Total Funding Source Amount to 200912010 Proposed Revised Remaining Project Date Adopted Revision Budget Balance Cast 9,982 $69,982 Prior Funding Allocations: $97,067 SIC 5D $0 $D $0 $fl Proposed Funding Allocations: Insurance proceeds and deductible _ fl 69,982 69,982 27,085 97,067 Total $fl 5fl $69,982 $69,982 527,085 $97,067 Project Expenditures Engineering $fl 50 $0 $D $0 $fl fl D 0 D 0 fl Construction fl D 69,982 69,982 27,085 97,067 fl D 0 D 0 fl Total $fl 50 $6 IMPACT ON OPERATING BUDGET No operating impact is anticipated. Annual Operating Impact 2010/2011 2011/2012 201212013 2013/2014 2014/2015 Total Projected $fl SD $0 $Q $Q $fl 9,982 $69,982 $27,085 $97,067 Municipal Facility Capital Projects Flooring Replacement (2010) FC / 001 PROJECT DESCRIPTION & JUSTIFICATION The project consist of replacing the carpet, VCT, andlor vinyl flooring and wall base at Traffic Division, Animal Control, Facilities/Construction Management and the Bursey Road Senior Center. In addition, flooring replacement for Police Department has also been included in this project. In addition the carpet and wall base will be replaced in the main corridors and Tabby at the Police Department and the carpet, VCT and wall base at the Crime Scene /Property & Evidence Facility. These projects are a continuation of the Capital Improvement Plan for City facilities. The carpet, VCT and/or vinyl floor covering in these facilities were installed at least 10 years ago and has aged, is worn, discolored and/or has torn areas. These facilities have high daily traffic of citizens, visitors, patrons and City staff. The Police Department has requested the main corridors and Tabby be replaced due to the high foot traffic, stains and excessive wear. The replacement of the flooring at Crime Scene/ Property & Evidence Facility has been delayed since the 2408 -2009 fiscal year due to budget constraints. The carpet and VCT is showing the additional years of wear and tear. Upgrading the floor coverings will reduce maintenance hours, improve the indoor air quality and provide an improvement to the interior aesthetics. The funding is from the Building Services Fund Reserves PROJECT STATUS Original 2009110 Original 2009110 Start Date Revision End Date Revision Engineering/Design 0312010 - 0412010 0412011 Construction 5130110 - 0712010 0612011 Other REVISION EXPLANATION Facilities and Construction has significant savings this year on several projects and the funds are being redistributed to needed repairs. FINANCIAL DATA IMPACT ON OPERATING BUDGET No operating impact is anticipated. Annual Operating Impact 201012011 2011/2012 2012/2013 2413/2014 2014/2015 Projected $❑ $0 $0 $Q $Q Total $0 200912010 2 00912014 Total Funding Source Amount to 240912010 Proposed Revised Remaining Project Date Adopted Revision Budget Balance Cost Prior Funding Allocations: Building Services Reserves s^ $47,273 $D $47,273 $Q $47,273 Proposed Funding Allocations: Building Services Reserves D D 25,400 25,000 D 25,000 Total 50 $47,273 $25,000 $72,273 $0 $72,273 Project Expenditures Engineering $4 5D $0 $D $0 $0 ❑ a a D Q ❑ Construction ❑ 47,273 25,000 72,273 0 72,273 ❑ D 0 D Q ❑ Total $❑ $47,273 $25,400 $ 72,273 $Q $72,273 Municipal Facility Capital Projects HVAC Replacement (2010) FC 1002 PROJECT DESCRIPTION E JUSTIFICATION This project consist of replacing roof top units including four roof tap units at Fire Admin building and one roof top unit for Court's Server room. These units are being repaired due to their age. In addition, one roof top HVAC unit and a floor mount room air condition for the Information Services' server room, three roof top HVAC units and a split system at Public Works Streets /Utility & Water and a split system located at Bursey Road Senior Center will be replaced. This is a continuation of the Lang Range Capital Improvement Project plan. The equipment being replaced is a minimum of 10 years old. The new equipment installed has a higher energy efficiency which will assist the City to meet the extended mandate to reduce energy consumption and improve indoor air quality. The Reserves funding is from the Building Services Fund Reserves. PROJECT STATUS Original 2009110 Original 2009110 Start Date Revision End Date Revision Engineering /Design 1012009 - 1212009 121201 d Construction 0112010 - 02J201 0412011 Other REVISION EXPLANATION Facilities and Construction has significant savings this year on several projects and the funds are being redistributed for needed repairs. FINANCIAL DATA 200912010 2 00912010 Total Funding Source Amount to 2009/2010 Proposed Revised Remaining Project Date Adopted Revision Budget Balance Cost Prior Funding Allocations: Building Services Reserves $0 $112,0 00 $❑ $112,000 $0 5112,000 Proposed Funding Allocations: Building Services Reserves ❑ 0 35,195 35,195 0 35,195 Total $0 5112,0 00 $35,195 $147,195 $D $147,195 Project Expenditures Engineering $0 5❑ $❑ $0 $0 $0 ❑ ❑ ❑ t7 0 ❑ Construction ❑ 112,0 00 35,195 147,195 l7 147,195 ❑ ❑ 0 0 t7 ❑ Total $0 5112,0 00 $35,195 $147,195 $0 $ IMPACT ON OPERATING BUDGET No operating impact is anticipated. Annual Operating Impact 2 01012011 2 01112012 2012/2013 2 013/2014 2014/2c)15 Total Projected $0 $0 $0 $0 $0 $❑ 147,195 Municipal Facility Capital Projects InteriorlExterior Renovations (201 of FC 1003 PROJECT DESCRIPTION & JUSTIFICATION The renovations at Traffic Division, Animal Control, Facilities /Construction Management and Bursey Road Senior Center include painting all walls, restroom ceilings and all dooddoorframes. The exterior work at Bursey Road Senior Center includes exterior cleaning, surface preparations and painting of all surfaces. Additional interior modifications and upgrades at Animal Control office area, Information Services Service Room and the restroom at Municipal Court. The ceiling will be replaced at Animal Control. A wall will be removed to allow for server rack expansion in Information Services. The restroom modification will update the lavatory, countertop and fixtures and include painting. The facilities included in this budget year plan is a continuation of the Capital Improvement Plan for City facilities Completing these renovations will keep each City facility more consistent in appearance with other City facilities, bring aesthetics of the facilities to an acceptable level, reduce routine maintenance and improve the indoor air quality. The Server Room modifications provide continuous floor space for the expansion of the server equipment. The funding is from the Building Services Fund Reserves PROJECT STATUS Original 2009110 Original 2009110 Start Date Revision End Date Revision Engineering /Design 0312010 - 0412010 0412011 Construction 0512010 - 0712010 0612011 Other REVISION EXPLANATION Facilities and Construction has significant savings this year on several projects and the funds are being redistributed for needed repairs. FINANCIAL DATA 200912010 2 00912014 Total Funding Source Amount to 24 0912010 Proposed Revised Remaining Project $44,43fi Date Adopted Revision Budget Balance Cost Prior Funding Allocations: Building Services Reserves s^ $42,852 $❑ $42,852 $0 $42,852 Proposed Funding Allocations: Building Services Reserves D 0 1,584 1,584 D 1,584 Total 50 $42,852. $1,584 $44,436 $0 $44,436 Project Expenditures Engineering $4 $0 $0 $D 50 $0 Construction ❑ 42,852 1,584 44,436 0 44,436 Total $❑ $42,852 $ IMPACT ON OPERATING BUDGET No operating impact is anticipated. Annual Operating Impact 2 01012011 2011/2012 2012/2013 2413/2014 2414/2015 Total Projected $❑ $0 $0 $0 $0 $0 1,584 544,436 $0 $44,43fi Municipal Facility Capital Projects Roofing and Building Envelope Consultant FC 1 009 PROJECT DESCRIPTION E JUSTIFICATION Evaluation of the roof and building envelope at the following four City facilities: Service Center, Animal Control, Facilities & Construction /Fleet Services and Crime Scene /Property & Evidence. The consultant will inspect each roof surface including all penetrations to the roof and the wall perimeters to identify all items that provide protection to the integrity of the building envelope against all weather elements. The consultant will provide a detailed report including pictures for corrective actions to each facility. These facility roofs are showing signs of extreme wear due to the weather elements. Facility Services has made numerous patches and repairs of these roofs and continue to add repairs due to reported leaks. The building envelope, windows, doors, expansion joints need to be evaluated due the normal deterioration throughout the years. The consultant's report will guide the City to make the necessary roofing upgrades as well as sealing the entire building envelope. Once the recommendations are acted upon, these upgrades will extend the life cycle of each facility and reduce energy consumption.. The funding is from the Building Services Fund Reserves PROJECT STATUS Original 2009110 Original 2009110 Start Date Revision End Date Revision Engineeing /Design - - - Construction 1012010 - 712011 Other REVISION EXPLANATION Facilities and Construction has significant savings this year on several projects and the funds are being redistributed to needed repairs. FINANCIAL DATA 20 0912010 2409/2014 ion Total D 70,000 Funding Source Amount to 244912010 Proposed Revised Remaining $74,000 Project $0 $70,000 Date Adopted Revision Budget Balance Cost Prior Funding Allocations: s^ 50 $D $0 $0 $4 Proposed Funding Allocations: Building Services Reserves 0 D 70,400 70,000 0 70,000 Total $0 5D $74,000 $70,000 $0 $70,000 Project Expenditures Engineering $4 50 $0 $0 $0 $0 Construct IMPACT ON OPERATING BUDGET No operating impact is anticipated. Annual Operating Impact 201012011 2011/2012 2012/2013 2413/2014 2414/2015 Total Projected $❑ $0 $0 $0 $0 $0 ion ❑ D 70,000 70,000 0 70,000 Total $❑ SD $74,000 $70,004 $0 $70,000 Municipal Facilities Capital Projects Public Works Dry Materials Storage Facility FC1007 PROJECT DESCRIPTION & JUSTIFICATION Demolition of the existing structure and construction of a new metal building on the existing slab at 5141 Davis. This will be a design /build project to construct a metal building within the available budget of insurance funds. The roof is of single slope design and plans include 5 manually operated overhead doors and one personnel door. The dimension of the building is approximately 30' wide x 80' long x 16' high. The building was destroyed by arson last year. Public Works utilizes this facility to store sand, top soil and other materials/equipment utilized in field operations. These items must remain dry and not be exposed to weather elements. PROJECT STATUS Original 2009/2010 Original 2009!2010 Stark Date Revision End Date Revision Engineering Oct 09 Mar 10 Jan 10 Apr 10 Construction Jan 10 Apr 10 Mar 10 Jun 10 REVISION EXPLANATION The release of the property due to the court trial was not until October 2009. FINANCIAL DATA $0 $D $10,400 $14,040 $0 2409/2410 2409!2010 Right -of -Way Total D 0 Funding Source Amount to 2009!2414 Proposed Revised Remaining Project 76,455 4 76,455 Date Adapted Revision Budget Balance Cost $86,455 Prior Funding Allocations: $D $0 $0 5D 50 $4 Proposed Funding Allocations: Insurance proceeds 0 0 86,455 86,455 4 86,455 Total $0 $D $86,455 $86,455 $4 $86,455 Project Expenditures Engineering/Professional IMPACT ON OPERATING BUDGET No impact on the operating budget. An nualOperatin Impact 200912010 201012011 2011!2012 2012!2013 2013!2014 Total Pro ected $0 $0 $0 $4 $0 $0 247 $0 $D $10,400 $14,040 $0 $14,040 Services Right -of -Way 0 D 0 4 4 4 Construction 0 D 76,455 76,455 4 76,455 Total $0 $D $86,455 $86,455 $4 $86,455 247 Major Capital Equipment Capital Projects Ambulance Replacement Unit 946 (2010) PS1O01 PROJECT DESCRIPTION & JUSTIFICATION Purchase of a new ambulance to replace Unit 946 which is a 1999 year model International Chassis with Marque module. Estimated cost of the ambulance is $185,040 and auxiliary equipment (communications equipment, medical diagnostic equipment, etc...) is estimated at $57,800. The Fire Department runs three front line ambulances and maintains two in reserve status. Ambulances typically operate as front line units for six years and as reserve units for another four years. At which time the replacement ambulance is placed into front line service Unit #958, a 2402 year model ambulance, will be transferred from front line service to reserve status. Unit #958 will be eight years old and have in excess of 150K miles on it when it is transferred to reserve status in Fiscal Year 2009 -2014. Unit #946, which is being replaced, will be removed from service and auctioned. PROJECT STATUS Original 2009/2014 Original 2409/2010 Stark Date Revision End Date Revision Engineering 812009 - 10/2009 - Construction 1112009 - 4/2014 - REVISION EXPLANATION North Richland Hills was a co-applicant on a large grant application filed by NCTCOG. This grant was approved by the EPA and North Richland Hills was notified that it had been awarded $61,250 for the replacement of this ambulance. $183,750 FINANCIAL DATA 5183.750 Proposed Funding Allocations: 200912410 240912010 Total $4 $0 Funding Source Amount to 2009!2414 Proposed Revised Remaining Project 0 4 4 Date Adapted Revision Budget Balance Cost $4 $245,040 Prior Funding Allocations: $0 $245,400 $0 $245,040 SO $245,040 Other Total Certificates of Obligation $D 245,404 ($61,250) 54 $245,040 IMPACT ON OPERATING BUDGET Annual Operating impact 2009/2010 2010/2011 2411/2412 201212013 241312014 Total Pro ected $4 $0 $4 $0 $4 $0 248 $183,750 50 5183.750 Proposed Funding Allocations: Grants $4 $0 $61,250 $61,250 $4 $61,250 0 0 0 4 4 4 Total $0 $245,404 $4 $245,044 $4 $245,040 Project Expenditures $0 $245,400 $0 $245,040 SO $245,040 Other Total $0 $245,400 $0 $245,040 54 $245,040 248 Major Capital Equipment Capital Projects Fire Engine Replacement (Unit 933) PS0701 PROJECT DESCRIPTION & JUSTIFICATION Purchase a new engine to replace Unit #933 and place it in service as Engine 223 at Fire Station #3. This new (replacement) engine is included in the Fire Department's Apparatus Replacement Schedule. The new engine will replace a 1987 model Emergency One engine (Unit #933) that has been in service for 20 years. This engine has over 125,000 miles on it with the engine hours exceeding 6,900 hours. Unit #933 no longer meets the current fire apparatus safety standards relating to firefighter riding positions. This unit will be sold at auction. PROJECT STATUS Original 2009/2010 Original 200912010 Start Date Revision End Date Revision Engineering 1012006 1112009 1112006 12/2009 Construction 1212006 112010 0912010 0912010 REVISION EXPLANATION In the 200612007 CIP Budget, City Council authorized funding to replace Fire Engine #933. A contract was awarded to America LaFrance in May 2007. American LaFrance filed for Chapter 11 Bankruptcy in January 2008. After repeated delay: in the construction it was determined in May 2009 that American LaFrance would be unable to deliver the fire engine. When the project was rebid, three fire apparatus manufacturers submitted quotes. Gulf Coast was awarded the contact at a cost of $564,742. In 2009, North Richland Hills was a co- applicant on an EPA grant application fled by NCTCOG. The grant was approved by the EPA and North Richland Hills was notified that it had been awarded $127,500 towards the replacement cost of this fire apparatus. The grant funding allows the return of $51,865 Reserves plus $17,954 in Investment earnings from the Certificates of Obligation proceeds. The total estimated project expenditures were increased to match the available funding of $567,500. FINANCIAL DATA IMPACT ON OPERATING BUDGET AnnualOperatin Impact 2009/2010 2010/2011 201112012 201212013 2013/2014 Total Pro ected $0 $0 $0 $0 $0 $0 2409/2010 2009!2010 Total Funding Source Amount to 2009/2010 Proposed Revised Remaining Project Date Adapted Revision Bud Balance Cost Prior Funding Allocations: Certificates of Obligation $440,000 $D $4 $0 $0 $440,000 Reserves 51,865 0 (51,865) (51,865) 0 0 Other 17,954 D (17,954) (17,954) 0 0 Proposed Funding Allocations: Grants 0 D 127,500 127,500 0 127,500 Total $509,819 $0 $57,681 $57,681 $0 $567,500 Project Expenditures 249 0 549,819 57,681 567,500 0 567,500 Other Total $0 $509,819 $57 „681 $567,500 $0 $567,500 249 Major Capital Equipment Capital Projects Replacement of Automated Ticket Writers IS1OO2 PROJECT DESCRIPTION & JUSTIFICATION Replace the Auto IssuelAut ©Cite software and hardware currently used by PD Patrol and Municipal Courts. The newer systems can be used with most hand -held devices with Windows based operating systems. All current hand readers offer card swipes populating data for the citation- inclusive of all states with the exception of Georgia. Currently, we can only swipe licenses for Texas, Florida and California. The officer can also populate fields scanning the vehicle registration and VIN. The City's need for affidavits for civilian issued citations can be incorporated into the software. The hand units are also capable of running lieenselregistrationlwanted calls (27, 28 and 29). The software and hardware suite currently used have been troublesome for the City and are considered unreliable. Advancement in technology has shown the City can purchase a more productive system. This system could also be adopted for the Code Enforcement, Animal Control and Fire Departments. The new database would be a SOL database which is a database format commonly used by the City. The current database is Firebird, which has to be restarted multiple times during a work week. PROJECT STATUS Original 2409110 Original 2049110 Start Date Revision End Date Revision Engineering /Design Construction Other 0212010 4312010 0512410 4512410 REVISION EXPLANATION Project bids received were all in excess of budgeted funds. This revision also includes a technology interface between the Brazos Technology equipment and the Municipal Court software, Incode, that was not factored into the original funding request. This interface will allow citation information to upload to the court electronically in real time, reducing the amount of manual data entry by court clerks. The cost of the interface portion of this project totals $3,988. FINANCIAL DATA IMPACT ON OPERATING BUDGET The annual Incode system maintenance and support fees are $1,238 and begin one year from the original install date expected to occur in May of 2410. The Brazos Technology annual maintenance and support fee of $15,754 ($350 per unit) also begins one year after May 2010 install. Annual Operating Impact 2410/2011 2411/2012 201212013 2413/2014 2414/2015 Total Projected $16,988 $16,988 $16,988 $16,988 $16,988 $84,944 204912410 2449/2010 Total Funding Source Amount to 2449/2010 Proposed Revised Remaining Project Date Adopted Revision budget Balance Cost Prior Funding Allocations: Court. Technology Funds $4 $204,040 $4 $200,400 G $240,000 Proposed Funding Allocations: Court Technology Funds 4 4 23,129 23,129 0 23,129 Total $4 $200,044 $23,129 $223,129 $4 $223,129 Project Expenditures Engineering $4 50 $0 $4 $4 $4 Construction 4 0 4 0 0 4 Other 4 $ 204,044 23,129 223,129 0 223,129 Total $4 $200,044 $23,.129 $223,129 $0 $ 223,129 Economic Development Capital Projects Loop 820 Redevelopment ED 1002 PROJECT DESCRIPTION & JUSTIFICATION The North Tarrant Express is bringing the added attention and interest from the development community in North Richland Hills along Loop 820. This project will provide the ability to assist with future access and land use. To optimize transportation access and land use, minimizing negative impacts to the community and local economy. PROJECT STATUS Original 2009110 Original 20 09110 Start Date Revision End Date Revision Engineering /Design — 1212010 0212011 Land /ROW Acquisition 1112009 1212010 Construction REVISION EXPLANATION The project includes the following executed and planned expenditures: u 0 D 100,000 1) $807,041 for the purchase of 5036 Rufe Snow on Nov 9, 2009. Funding was $377,048 in cash and a $426,475 commercial loan for 5 years at 3.75 % APR. D 0 D 0 0 2) $1,030,897 for the projected purchase of additional property. $0 50 $1,513,361 51,513,361 3) $100,000 for engineering and design work associated with marketing of the property for commercial use in FY 2010 -11. FINANCIAL DATA 21709/2010 2009/2010 Total Funding Source Amount to 2009!21710 Proposed Revised Remaining Project Date Adopted Revision Budget Balance Cost Prior Funding Allocations: $0 Su a0 5D $0 $0 Proposed Funding Allocations: Gas Development Reserves 0 D 1,511,463 1,511,463 D 1,511,463 Commercial Loan 0 0 $426,475 $426,475 $0 42.6,475 Total $0 SD $1,937,938 $1,937,938 $0 $1,937,938 Project Expenditures Land/ROW $0 50 $1,513,361 $1,513,361 $324,577 $1,837,938 Professional Serv IMPACT ON OPERATING BUDGET No operating impact is anticipated. Annual Operating Impact 2010/2011 2011/2012 2012/2013 2013/2014 2014/2015 Total Projected $0 50 $0 $0 $0 $0 ices 0 u 0 D 100,000 100,000 Other 0 D 0 D 0 0 Total $0 50 $1,513,361 51,513,361 $424,577 $1,937,938 Neighborhood Services Capital Projects Long Term Energy Efficiency PROJECT DESCRIPTION & JUSTIFICATION This project would be a weatherization program where the City helps lower income residents make energy efficiency improvements to their homes. Improvements include replacement, service or repair of inefficient hot water heaters, furnaces, air conditioning units & refrigerators, insulation for walls and ceilings, modern double - glazed windows, shade trees to be planted on the West and South side of homes to reduce heat, light colored paint to reflect the heat, caulk and weather stripping to plug air leaks around doors and windows. This project is part of the City's Energy Efficiency Conservation Block Grant Program. The funding for this program comes from the American Recovery and Reinvestment Act. This grant program would partner with NIP programs to help revitalize older neighborhoods in North Richland Hills. PROJECT STATUS Original 2009/10 Original 2009110 Start Date Revision End Date Revision Engineerirg /Design Construction Other 05/1/2010 913012010 REVISION EXPLANATION FINANCIAL DATA 2009/2010 200912070 Total Funding Source Amount to 200912010 Proposed Revised Remaining 5120,000 Project Date Adopted Revision Budget Balance Cost Prior Funding Allocations: �i! 5D $0 Proposed Funding Allocations: EECBG (ARRA) 120,000 120,O00 D 120,000 Total SC 50 $720,000 $120,000 $0 5120,000 Project Expenditures Engineering $D $Q $0 Construction 720,000 120,000 Q 120,000 Other 0 D D Q 0 Total $0 $120,0O0 IMPACT ON OPERATING BUDGET No operating impact is anticipated. A nnual Operating Impact 2010/2011 201112012 2012/2013 2013/2014 2014/2015 Total Projected $D 50 $0 $Q $Q $4 $120,000 $0 5120,000 Other Capital Projects Neighborhood Initiative Program ES0901 PROJECT DESCRIPTION & JUSTIFICATION The Neighborhood Initiative Program assists seniors, single parents and physically challenged individuals with minor exterior home repairs. In 2007, the City Council gave an additional $90,000 for NIP and $15,000 for Neighborhood Looks from the TXU settlement to assist low income families with emergency home repairs. Staff is now expanding the NIP even further to provide cash incentives for residential homeowners to reinvest in their homes and to provide some monetary support to large volunteer groups helping with larger exterior and interior renovations. Project Justification. Neighborhood revitalization continues to be in the forefront of the City Council's goals. Encouraging homeowners to reinvest in their homes will also give them pride in homeownership and they will be more likely to remain in our City and not turn their home into rental property. This money is to be reinvested in the City to maintain the quality of life desired. PROJECT STATUS Original 2009110 Original 2009110 Start Date Revision End Date Revision Engineenng/Design Construction Other 0112004 - 0912010 REVISION EXPLANATION NIP business donations were combined with this funding. FINANCIAL DATA $120,414 $0 $134,658 2009/2010 2009/2010 Total Funding Source Amount to 2009l2010 Proposed Revised Remaining Project Date Adopted Revision Budget Balance Cost Prior Funding Allocations: TXU Settlement and donations 5105,942 SD 50 $D $0 $105,942 Proposed Funding Allocations: Donations ❑ D 28,716 28,716 0 28,716 Total $105,942 $0 $28 $28,716 $0 $134,658 Project Expenditures Engineering $0 $0 $0 $D $0 $0 Construction ❑ 0 0 D D ❑ Other 14,244 91,.698 28,716 120,414 0 134,658 Total $14,244 $91,698 1 IMPACT ON OPERATING BUDGET No operating impact is anticipated. Annual Operating Impact 2010/2011 2011/2012 2012/2013 2013/2014 2014/2015 Total Projected $❑ $0 $0 $0 $0 $fl $28,716 $120,414 $0 $134,658 CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 8 -23 -2010 Presented by: Mark Mills Agenda No. C.2 Subject: GN 2010 -061 Conduct a Public Hearing on the Proposed Tax Rate Summary Council is requested to open a public hearing on the proposed 57¢ tax rate and receive public comment, announce September 13, 2010 as the date of the vote on the adoption of the tax rate, and close the public hearing. No action is required at this hearing as this is held for the purpose of receiving comment. General Description Legislation passed during the 79 Session of the Texas Legislature made several changes to the way the tax rate must be adopted. One of the changes is the requirement to hold two public hearings on the proposed property tax rate if the proposed rate exceeds the lower of the effective tax rate or the rollback rate. Because the proposed tax rate of 57¢ is lower then both the effective tax rate of 60.3323¢ and the rollback rate of 58.6456¢, the two public hearings are not required by law. However, to foster open communication and transparency, the City of North Richland Hills will conduct a single tax rate public hearing on Monday, August 23, 2010. The vote to adopt the proposed tax rate of 57¢ is scheduled to appear on the September 13, 2010 Council agenda for the regular 7:00 p.m. City Council meeting. If adopted, this will be the 18 consecutive year the City has maintained a tax rate of 57¢. Individual taxpayers' property taxes may decrease, increase or remain the same depending on the appraised value of their property. Senior and disabled property owners who have a tax ceiling (even if their property values have increased) will pay the same amount of property tax as the previous year unless their appraised property value decreased. They then would pay a lesser amount of property tax. The City of North Richland Hills is proud of the progress we have made while demonstrating sound financial management of our citizen's tax dollars. Recommendation Open the public hearing, receive public comments on the proposed 57¢ tax rate, announce September 13, 2010 as the date of the vote on the adoption of the tax rate, and close the public hearing. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -23 -2010 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -23 -2010 Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 8 -23 -2010 Presented by: Mike Curtis Agenda No. E.1 Subject: PW 2010 -027 Consider Endorsing the Education Campaign to Inform Texans of Transportation Needs and urging the 82nd Texas Legislature to enact revenue measures to fund Transportation Investment — Resolution No. 2010 -026 Summary Council is being asked to approve a Resolution that endorses a statewide campaign to inform Texans of transportation needs and to urge the 82 Texas Legislature to enact revenue measures to fund needed transportation improvements Discussion Texas is continuing to add more population than any other state. The increase in population is placing more vehicles on state and local roadways each year. The current revenue sources are inadequate to keep up with the increase in demand on the state transportation system. Even the existing roadways are in decline because of the underinvestment in routine maintenance. The Tarrant County Mayor's Council recently approved a resolution that endorses a statewide campaign to inform Texans of transportation needs and to urge the 82 Texas Legislature to enact revenue measures to fund needed transportation improvements. In order to get this message out to as many Texans as possible, all cities are being encouraged to pass similar resolutions. Recommendation To Approve Resolution No. 2010 -026 NRH 0=-Yo] Iti'll 0161► t ►161WIZ1Z 11111KI ENDORSING THE EDUCATION CAMPAIGN TO INFORM TEXANS OF TRANSPORTATION NEEDS AND URGING THE 82 "D TEXAS LEGISLATURE TO ENACT REVENUE MEASURES TO FUND TRANSPORTATION INVESTMENT WHEREAS, a statewide coalition — Transportation Advocates of Texas, Inc. — is carrying out a public information campaign to inform Texans of transportation needs and to develop a consensus agenda to improve our state's transportation system; and WHEREAS, without new revenue or diversion of needed maintenance funding, there will be no new funding for added transportation capacity in Texas beginning in 2012; and WHEREAS, Texas is adding more population annually than any other state and its metropolitan areas are adding more population than other U.S. regions; and WHEREAS, the condition of Texas roadways is declining because of underinvestment in maintenance; and WHEREAS, delays from traffic congestion are increasing because of underinvestment in infrastructure to provide the capacity to serve population growth; and WHEREAS, the quality of life of Texans declines to the extent that transportation fails to move people and goods efficiently; and WHEREAS, failing to provide for a transportation system that moves people and goods efficiently jeopardizes the strength and vitality of the Texas economy; and WHEREAS, moving people and goods safely and efficiently requires a large, on -going investment; and WHEREAS, current transportation revenues are too low to fund Texas' priority transportation needs. WHEREAS, Texans want and deserve transportation improvements that enhance mobility, improve air quality, relieve gridlock, maintain existing infrastructure and energize the Texas economy. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS that SECTION 1. The City of North Richland Hills, Texas endorses the statewide education campaign to inform Texans of transportation needs and to develop a consensus agenda to improve Texas transportation and encourage Texans to participate in the transportation conversation. SECTION 2. The City of North Richland Hills, Texas urges the 82" Texas Legislature to enact revenue measures to fund investment needed to improve Texas transportation. SECTION 3. A copy of the resolution shall be forwarded to the Texas Legislature, to media and to Transportation Advocates of Texas, Inc. PASSED AND APPROVED this the 23rd day of August, 2010. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary FA U U: , 16] ►1 =1 W_h� Cel 70] N k5 K1 r 19111 XH -I 41 Wil George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, Managing Director CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 8 -23 -2010 Presented by: Mike Curtis Agenda No. E.2 Subject: PW 2010 -028 Appointments of North Richland Hills Designated Representatives to the Fort Worth Wholesale Customer Advisory Committee for the 2010/2012 time period Summary Council is being asked to appoint the North Hills Representatives to the Fort Worth Wholesale Customer Advisory Committee. The city will need to appoint a Voting Member and an Alternate Member. Discussion The City of Fort Worth provides wholesale water and sewer service to approximately 40 customers. The wholesale customers are primarily cities, but there are other entities that are wholesale customers such as the Trinity River Authority and some water districts. The Fort Worth Wholesale Customer Advisory Committee is a committee comprised of representatives from all of the wholesale customers. The purpose of the committee is to provide suggestions and input with regards to the service provided by the City of Fort Worth and to provide feedback with regards to rate studies. Various subcommittees are also formed from the Wholesale Customer Advisory Committee to help select consultants for rate studies and necessary improvements to the Fort Worth water and sewer systems. Typically the two representatives from the wholesale customer consist of an elected official as the Voting Member and a staff representative for the Alternate. The staff representative is usually the alternate because of the number of subcommittee meetings (reviewing proposals, meeting with Fort Worth water staff, etc.). This is not a requirement however, so Council could appoint elected officials for both the Voting Member and Alternate. The current appointments to the Fort Worth Wholesale Customer Advisory Committee are: Tim Welch, Councilman -------- - - - - -- Voting Member Mike Curtis, Managing Director - - -- Alternate The appointment will be for a two -year period. Recommendation Staff recommends the appointments of Councilman Welch, as the Voting Member and Mike Curtis, Managing Director as the Alternate to the Wholesale Customer Advisory Committee for the term from October 1, 2010 through September 30, 2012. FORTWORTH July 3+3, 2010 To All Wholesale Customers Dear Wholesale Customers; It is that time of year to appoint your city /town's designated representative for the Wholesale Customer Advisory Committee (WCAC) for 2010/2012 time period. We have included the past submitted WCAC sheets for review. City of Fort Worth is requesting the new fortes included in the packet to be filled out with the appointee's (voting and alternate) information, even if the appointee will remain the same for the wholesale city. Afterwards, forward this letter back to City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, ATTN: Cherise Gregston. At this time wholesale staff would like to make some suggestions in Choosing appointees and filling out the forms: Appoint two different individuals for voting and alternate appointee posts (voting and alternate) for the committee. It is hard to take a vote when the same person is named as the voting and alternate appointee and can only vote once during a decision making process during the WCAC meetings. We need all information included on the form, cell phones are special concern for some of the appointees, and this information is confidential and will remain in this manner. The information on the forms is never release without getting appointee's approval to any other person(s). The reason we request a cell phone number is there have been instances when the meeting is moved at the last moment. Upon completing the form ensure the wholesale city /town embossed seal is adhered in the bottom right hand comer or the City of Fort Worth will be unable to accept the new designated appointed representative or information being provided without the city /town's official seal, The update of our comprehensive database is necessary so we may ensure the appropriate person in your organization is contacted. The letter and/or forms must be returned by Monday, September 13, 2010 attention Cherise Gregston_ Sine ee ly, Chi - n - se Gregston Wholesale Coordinator 817.392.8422 Office Please check here is no changes to current appointees are desired. WATER DEPARTMENT FISCAL SERVICES /CIP /WHD ESALF— SECTION Tii CITY oP FoRT WoPTH x 900 M ONROE STREET �+ . Sum 200 , FoRT w oRTH, i ExAC 78102 817- 392 -8413 oR 817 -39243 , FAx 817 - 392-6258 in Printed m recycled paper CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 8 -23 -2010 Presented by: Gregory Van Nieuwenhuize Agenda No. E.3 Subject: PW 2010 -029 Award of RFB No. 10 -040 to RKM Utility Services, Inc. in the Amount of $1,615,420.00 for the Construction of the Briarwood Estates Drainage Improvements Project (DR0901) Summary The City Council is being asked to award a construction contract for the CI P Project identified as " Briarwood Estates Drainage Improvements Project" in the Capital Projects Budget. General Description On July 8, 2010, a bid opening was conducted for the Briarwood Estates Drainage Improvements Project. This project will consist of constructing a parallel storm drain system beginning at the intersection of Briarwood Drive and Noneman Street and then continuing south to tie in with the existing concrete -lined channel at the end of Hewitt Street. Approximately 4,800 linear feet of reinforced concrete storm drain ranging from 18 -inch diameter round pipe to 9X4 -foot box culverts will be installed, along with 35 new storm drain inlets. Completion of this project will result in a reduction of the floodplain along Hewitt Street, potentially removing 14 residential properties from FEMA's designated Special Flood Hazard Area. 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 twenty -four (24) different entities, with eleven (11) contractors purchasing plan sets. Due to the extensive scope of the project in a heavily residential area, the City required that all interested contractors attend a mandatory pre -bid conference on June 29 In addition, eligible contractors were required to have completed a minimum of ten (10) projects which were to include underground storm drain improvements with a cumulative value of at least $3,000,000. Eight (8) contractors attended the June 29 mandatory pre -bid conference, and the project ultimately received five (5) bids, which were opened on July 8 The project was set up with a total base bid and five (5) alternate bids which were for additional drainage systems to augment the major upsizing that is the basis of this project. The bids are provided below: CONTRACTOR BASE BID I ALTERNATE ALTERNATE ALTERNATE ALTERNATE ALTERNATE NAME 1 2 3 4 5 RKM Utility $1,615,420.00 $140,832.00 $12,190.00 $20,235.00 $30,948.00 $18,765.40 Services $1,690,447.30 $103,155.00 $10,466.00 $26,320.00 $21,220.00 $25,470.00 Cstru ction Construction o n M Co $1,728,294.25 $121,653.00 $10,999.00 $28,587.50 $24,664.00 $33,107.00 Construction Conatser $1,747,707.00 $148,610.00 $10,438.00 $21,872.00 $30,420.00 $21,316.00 Construction Burns Co $2 $144,371.00 $12,371.00 $24,833.00 $28,352.00 $20,916.00 The low bidder, RKM Utility Services, Inc. (RKM), has not previously performed work for the City of North Richland Hills. As such, staff requested that both financial statements and references be submitted for further review and evaluation. Both staff and the design engineer investigated the contractor's project history. RKM is a family -owned company and has been in business for over seven (7) years. While they perform both public and private sector work, the majority of their projects are municipal/governmental work. Staff spoke with city engineers and construction inspectors from a number of local entities including the cities of Plano, McKinney, DeSoto and Royse City. In all cases the references mentioned a high - quality product, diligence, good resident communication and coordination, and over -all satisfaction. In the case of McKinney, the City has worked with RKM for over five (5) years and has both current and future projects with this contractor. All persons stated that they would not only recommend that others hire RKM Utility Services, but that they would hire them again as well. The design engineer recommends awarding the contract to the lowest bidder, RKM Utility Services, Inc. There is sufficient funding between the current Capital Projects Budget and next fiscal year's Capital Projects Budget to adequately fund the construction of the base bid portion of this project. While there is not adequate funding to finance the project's alternates, staff will take the following actions in an effort to have these alternates constructed 1 . RKM has committed to holding their bid prices of the alternates for six (6) months. After this time period, if the City requested this work to be done (via a change order), RKM would only request a price increase if the cost of materials had increased. 2. Staff will monitor future upcoming drainage projects to determine if it would be appropriate to include any of these alternates as alternates onto such future drainage projects. Recommendation Award Bid No. 10 -040 to RKM Utility Services, Inc. in the amount of $1,615,420.00 (Base Bid only) for the Construction of the Briarwood Estates Drainage Improvements Project (DR0901) and authorize the City Manager to execute such agreement. �F 6 f:kF'FN VAI D MMUNITYPA a JO TRY RD � °�:�° BriarWOOd Estates s I f PAxx : sns Fr�nr. +. _c+nMPLE V a } E p� T� Drainage 4 Improvements C MWBfiT � � � bR -T � � T�EpW4r Ossi lMBEIt PARK• wVENTURE o m b 4 8 EST p ER DR LOW MEADOVV ri9'iBLT BWFkVt I°(:E Ci T i m 0 W OR 0 � � MTYf99GGT 6RLUi[�iYC y R HTWBFIPGT aNmranr`- tdR� � m a S NORTH o RICHLAND as -— Briarrvod Estates HILLS Drainage Irnps R � ° �Y Project Locator Map CT J W LL CN- IE REM s� C SEN� 5 HFl ELU TA'RtC Y 5 • ■no�w�ry � ee � CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -23 -2010 Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: John Pitstick Council Meeting Date: 8 -23 -2010 Agenda No. F.1 Subject: GN 2010 -062 Amendment to License Agreement with Texas Midstream Gas Services Company for extension of time for installation of gas pipeline in Fossil Creek Park and Iron Horse Golf Course Summary This item is being brought forward at the request of Texas Midstream Gas Services Company to ask for an amendment to the License Agreement that will allow a 6 month extension for the installation of a gas pipeline in Fossil Creek Park and Iron Horse Golf Course General Description Staff has been working with Texas Midstream Gas Services (TMGS) Company for a couple of years in creating a path for a series of gas pipelines that would connect to the six existing Chesapeake Energy gas well sites in North Richland Hills. This work is being done so that gas can be delivered to the market from the existing gas wells. Texas Midstream is a sister company that provides gas pipeline services for Chesapeake Energy's gas well sites. On February 8, 2010 the City Council approved gas pipeline license agreements with Enterprise Texas and Texas Midstream to utilize the same 20- foot -wide easement through Fossil Creek Park and Iron Horse Golf Course south of Loop 820. Both gas lines will be bored within Iron Horse Golf Course property. There is a small section on the southern end of Fossil Creek Park that will require an open cut and staging area for the long bore northward. The license agreement was for a 20 -year timeframe with a $2.25 per square foot fee paid by both companies for permanent licensed areas and a $1.00 per square foot fee for any temporary work space areas. This is a non - exclusive license agreement allowing the City to continue use of the surface property. No golf course operations will be disrupted through Iron Horse Golf Course since the entire course is being bored. Texas Midstream is requesting an amendment to the original agreement to allow an additional 6 months or installation of the pipeline to be completed by March 31, 2011 instead of the currently approved deadline of August 8, 2010 for the following reasons: 1. Enterprise Texas just recently completed their gas pipeline in the same easement and TMGS had to wait until the other company was complete before they could begin. 2. TMGS had extended negotiations with the City of Haltom City for approval of a similar license agreement that took much longer than originally planned. A letter from Texas Midstream and an amendment to the license agreement are attached. Staff is supportive of this request because of hold ups from Enterprise Texas for installation of their pipeline. However, costs for the temporary work space areas of $1.00 per square foot were determined based on the anticipated 6 month use of the area by Texas Midstream. Since Texas Midstream is requesting additional time, Staff is recommending an additional fee of $56,430 which represents utilizing the same temporary work area for $0.50 per square foot or half of the original fee. All other fees have been paid along with proper bonding and insurance requirements. Recommendation: Approval of amendment to pipeline license agreement with Texas Midstream Gas Services Company for extension of time to March 31, 2011 with additional fees of $56,430 for installation of gas pipeline in Fossil Creek Park and Iron Horse Golf Course. NRH FIRST AMENDMENT TO LICENSE AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, a certain License Agreement (the "Agreement ") dated March 1, 2410 was executed by and between the City of North Richland Hills, Texas ( "City "), a home rule municipality created in accordance with Chapter 9 of the Texas Local Government Code, and Texas Midstream Gas Services, L.L.C., an Oklahoma limited liability company ( "Licensee "), allowing Licensee to construct one (1) natural gas pipeline under and across a portion of the City's real property. WHEREAS, a copy of the Agreement is attached hereto as Exhibit "A "; and WHEREAS, Grantee desires to amend the Agreement to: (i) extend the timeframe in which to construct the pipeline. NOW, THEREFORE, City and Licensee agree to amend the Agreement as follows (i) Paragraph 9(I) of the Agreement is deleted in its entirety and is amended to read as follows: "Licensee's right to install the pipeline shall automatically terminate upon whichever first occurs: (i) the completion of construction of the pipeline on the Property; or (ii) March 31, 2011. (ii) Paragraph 5b. of the Agreement is amended to read as follows: "On or prior to the date of the execution of this Agreement, Licensee shall pay the City the sum of $1.00 per each square foot of area of temporary workspace licensed to Licensee, as described in Exhibit "C" hereto, being 112,861 square feet the total sum of which amounts to $112,861 Dollars. In compensation to the City for a 180 day extension to original Agreement, Licensee shall pay the City an additional 50 cents per each square foot of area of temporary workspace, being 112,861 square feet the total sum of which amounts to $56,430 Dollars." Except as amended by this First Amendment to License Agreement, all of the terms and conditions of the Agreement are ratified and shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Amendment to License Agreement this day of , 2010. TEXAS MIDSTREAM GAS SERVICES, L.L.C. I -Ya ROBERT S. PU RGASON Chief Operating Officer THE CITY OF NORTH RICHLAND HILLS .r MARK HINDMAN City Manager tee 6 s MIDSTREAM G A 5 5 E R ,, i C E S July 29, 2010 Mr. John Pitstick City of North Richland Hills Planning and Zoning Department 7301 N.E. Loop 820 North Richland! Hilts, TX 76180 RE: Iron Horse Galf Course License Agreement Dear Mr, Pitstick: Right or we Texas Midstream Gas Services (TMGS) is respectfully requesting an extension to the Iron Horse Golf Course License Agreement executed March V", 2010, Agenda number GN2010 -15 ("License Agreement "), which is attached for your reference. The License Agreement expires on August 27, 2010 and TMGS is requesting an extension to the License Agreement due to the following factors: • Haltom City License Agreement: TMGS has yet to receive the license agreement tram Haltom City, but expects approval within two weeks. f Construction of an Enterprise Pipeline: TMGS has been unable to begin construction on the project until the completion of an Enterprise pipeline in the area. Enterprise completed their construction on the pipeline at the end of June. Unfortunately, the two factors above have prevented TMGS from being able to complete construction within the timeframe outlined in the License Agreement. TMGS is seeking to extend the construction deadline for another 180 days, I would greatly appreciate your help in presenting this request to the North Richland Hills Council at the meeting on August 9, 2010. Please do not hesitate to contact me should you have any questions. Revrds, try C rawforO Right f ay Coordinator Texas idstrearn Gas Services Texas Midstream Gas Services, LL_C, 100 Enargy Vlay + Fort WDrth, TX 76102 817.502.4632 Texas Midstream gas pipeline location map PREVIOUS TEXAS MIDSTREAM LICENSE AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § I4 CIO D1► D1AHtlD)D101D 1N This License Agreement ( "Agreement ") is hereby made and entered into by and between the City of North Richland Hills, Texas (the "City "), a home rule municipality created in accordance with Chapter 9 of the Texas Local Government Code, and Texas Midstream Gas Services, L.L.C. ( "Licensee "), an Oklahoma limited liability company. WHEREAS, Licensee desires, at its sole cost and expense, to construct, operate and maintain one buried natural gas pipeline across and under certain real property owned by the City, which consists of separate tracts described in Exhibit "A" attached; WHEREAS, under the conditions and restrictions hereinafter set forth, the exercise by Licensee of the rights granted herein will not be incompatible with the requirements of the City for the use, operation and maintenance of such real property for public utility and other municipal purposes; and WHEREAS, the granting of such license to Licensee is subject to the continuing use of the land by the City at all times for public utility and other municipal purposes. NOW THEREFORE, the parties hereto agree as follows: 1. Grant of License. The City, to the extent of its interest therein, hereby grants to Licensee, for a period of twenty (20) years from the date hereof, a license to construct, operate and maintain one (1) buried 24 inch diameter or smaller natural gas pipeline under and across a twenty foot (20') wide portion of the City's real property (the "Property ") at the locations shown on Exhibit "A" which is attached hereto and made a part hereof by reference, subject to termination as herein provided. Licensee shall erect, install, construct, repair, replace and maintain the Pipeline Facilities pursuant to the rules and regulations promulgated by the U.S. Department of Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations Title 49, Part 192, as adopted and modified by the Railroad Commission of Texas. Licensee shall be required to direct bore or horizontal directional drill (HDD) all property shown on Exhibit "Al" and shall be allowed to be open cut within property shown on Exhibit "AT'. Licensee's pipeline shall be confined to and must not deviate from a corridor designated by the City across the Property, no greater than twenty (20) feet in width (the "Pipeline Corridor "). Notwithstanding the foregoing, Licensee expressly consents to the installation of additional pipelines, not owned by Licensee, within the Pipeline Corridor in the manner depicted in Exhibit "B" to this Agreement. Notwithstanding the foregoing, Licensee's consent in this regard does not constitute a waiver of any rights or legal recourse as against any third pay- (o2Jolllo) Page 1 The Licensee shall also have the right to use an additional temporary work space adjacent and parallel to the portion of the Property where the pipeline is to be located as shown on Exhibit "C" to this Agreement. All construction occurring within Exhibit ``C" shall conform to tree protection requirements as described in Section 9(r) of this Agreement. The temporary workspace shall automatically terminate and expire when the pipeline and appurtenant facilities have been installed by Licensee. These rights are granted and accepted subject to the following; (a) any valid and enforceable restrictions, covenants, conditions, encumbrances (except liens), reservations, easements, and other exceptions to title, if any, relating to the Property, shown of record in the hereinabove mentioned County and State, (b) all valid and enforceable zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, relating to the same; and (c) to all matters which would be revealed by an inspection and/or a current survey of the Property. The Licensee acknowledges and agrees that this Agreement only allows the transportation of oil, gas, petroleum products, or any other liquids or gases (including inert gases) that constitute oil, gas or petroleum byproducts, with the exception of salt water or any substance containing salt water, through the City and does not allow the Licensee to distribute, sell or otherwise provide oil, gas or petroleum products to any customer in the City. This license does not constitute a utility franchise. 2. License Non - Exclusive. The license granted herein shall be nonexclusive and the City reserves the right to grant other rights and licenses across, over and under the Property to such other persons that the City deems proper. It is expressly understood that the City does not purport, by this Agreement to grant Licensee any right, title, claim or easement in or upon the Property shown on Exhibit "A" to this Agreement except for a license as that term is used in real property law. 3. Police Power of the City. The Licensee shall at all times during the term of this Agreement be subject to the lawful exercise of the police power by the City. 4. Other Permits. a. This Agreement does not relieve the Licensee of any obligation to obtain permits, license and other approvals from the City or other regulatory agencies necessary for the construction, installation, maintenance or repair of the Licensee's pipeline or the transportation of oil, gas or petroleum products through such pipeline. b. Licensee shall not initiate any kind of construction, installation, maintenance, repairs or other work that requires excavation on the Property and/or temporary workspace until the Licensee first obtains the necessary permits from the City of North Richland Hills. (02/01/10) Page 2 Fees. a. On or prior to the date of the execution of this Agreement, Licensee shall pay the City, as compensation for its use of the Property described as Exhibit "A" and the rights herein granted, the sum of $2.25 per each square foot of area licensed to Licensee excluding temporary workspace, being 85,442 square feet the total sum of which amounts to $192,244.50 Dollars. b. On or prior to the date of the execution of this Agreement, Licensee shall pay the City the sum of $1.04 per each square foot of area of temporary workspace licensed to Licensee, as described in Exhibit "C" hereto, being 112,861 square feet the total sum of which amounts to $112,861 Dollars. C. On or prior to the date of the execution of this Agreement, Licensee shall pay the City, as compensation for removal and damage of trees within the property described in Exhibit "A2 ", the sum of $54,519 Dollars. This amount may be satisfied through payment by a third parry gas utility company occupying the licensed area depicted on Exhibit "A" hereto. d. The sum total of the amounts set forth in paragraphs a., b. and c., above, shall hereafter be referred to as the "License Fee'. 6. Time of Construction. Construction shall be accomplished by Licensee at such time or times as will not unduly interfere with the City's use of the Property and/or temporary workspace as determined by the City Public Works Director prior to commencement of construction. Construction may not commence, however, until Licensee presents Licensor with the following information: a. If applicable, written authorization from U.S. Army Corps of Engineers, evidencing no objection to the installation of any portion of the pipeline along the Property which is under U.S. Army Corps of Engineers oversight; b. A description of the final substance to be transported through the pipeline; C. A copy of the substance material safety data sheet (MSDS); d. The maximum allowable operating pressure on the pipeline, along with the Specified Minimum Yield Strength (SMYS) of the pipe; e. Engineering plans showing the horizontal pipeline location, pipeline covering depths, location of the nearest shutoff valves whether on the Property or not, location and details for a decorative rail fence along the north Right -of -Way of Onyx Drive (required pursuant to Section 9 (s) of this Agreement), the limits of all workspace areas, and the limits of all tree protection areas; L Detailed cross section drawings for all public street right -of -way crossings on the (02101110) Page 3 Property; g. Methods to be employed to prevent internal and external corrosion of the pipeline; h. Copies of the performance bond and insurance information required herein; and i. An emergency action plan for responding to public emergencies as defined in Section 16 of this Agreement. The plan shall at a minimum provide for: (1) Prompt and effective response to emergencies: a. Leaks or releases that can impact public health, safety or welfare; b. Fire or explosions at or in the vicinity of a pipeline; or C. Natural disasters; (2) Effective means to notify and communicate required and pertinent information to local fire, police, and public officials during an emergency; (3) The availability of personnel, equipment, tools and materials as necessary at the scene of an emergency; (4) Measures to be taken to reduce public exposure to injury and probability of accidental death or dismemberment; (5) Emergency shut down and pressure reduction of the pipeline; (6) The safe restoration of service following an emergency or incident; (7) A follow -up incident investigation to determine the cause of the incident and require the implementation of corrective measures. 7. Bond. Prior to commencement of any work that requires excavation on the Property and/or temporary workspace, Licensee shall deliver to the City a bond executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City in the amount of the cost of the work or Fifty Thousand Dollars ($50,+000), whichever is greater, for a period of two years. The bond shall guarantee that Licensee shall (a) restore the surface of the Property and/or temporary workspace where excavation was done, in a satisfactory and workmanlike manner; (b) maintain such restoration work in a state of repair satisfactory to the City following the date of restoration; (c) fully comply with the terms and conditions of this Agreement and the City's ordinances governing excavation on public property, including in public rights -of -way; (d) repair, at Licensee's own expense, any damage to roads, streets, utilities or highways caused by (02101110) Page 4 the use of heavy vehicles for any activity associated with the operations contemplated herein. 8. As -Built Plans and Drawines. Licensee shall provide the City Public Works Director with as -built plans and drawings of Licensee's pipeline facilities located on the Property within ninety (90) calendar days following the completion of such pipeline facilities. Accuracy of the drawings shall meet a survey level of one foot (1') to fifty thousand feet (50,000'). The drawings shall also be provided in digital file format with the location tied to one (1) nearby GPS (global positioning system), City monument. Licensee shall also provide the City Public Works Director with a map showing proposed transportation route and road for equipment or waste products used or produced by the pipeline operation. 9. Use of the City Property. a. Minimal Interference. Licensee's pipeline facilities shall be installed and maintained in a manner that causes minimal interference with the City's use of the Property and/or temporary workspace for public utility and other municipal purposes. Except in the case of an emergency (as defined in Section 16 of this Agreement), prior to the undertaking of any kind of construction, installation, maintenance, repairs or other work that requires excavation, or other physical use of the Property and/or temporary workspace that involves the use of a motor driven vehicle or motor - operated equipment, Licensee shall provide at least forty -eight (48) hours advance written notice to the City Public Works Director and Parks and Recreation Director. In the case of an emergency (as defined in section 16 of this Agreement) verbal notice shall immediately be provided to the City's Fire Department by dialing 911 and written notice shall be provided to the City Public Works Director and Parks and Recreation Director as soon as practicable thereafter. b. Worksite Regulations. Licensee shall comply with all valid and enforceable applicable rules, regulations and requirements of the City, including, but not limited to, those related to permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time. In addition, during any such work, Licensee shall provide construction and maintenance signs and sufficient barricades at the work site to protect the public. The application of such traffic control devices shall be consistent with the standards and provisions of the Texas Manual on Uniform Traffic Control Devices. Licensee shall utilize appropriate warning lights at all construction and maintenance sites. C. Burial and Marking of Pipeline. Licensee shall bury or cause its pipeline to be buried at least forty -eight inches (48 ") below the finished grade, and not less than twenty -four inches (24 ") below any existing water or (OVOIII0) Page 5 wastewater lines located on the Property. Licensee shall place markers for the Pipeline Facilities as required by 49 C.F.R. § 192.707 or its successor. Such markers shall include the Licensee's name and a toll -free telephone number of Licensee that a person may call for assistance. The location and appearance of the markers shall be subject to the prior approval of the City and every effort shall be made to avoid placing a pipeline marker in a location that will interfere with the use of the surface of the property for recreational use by the public. (Exhibit "D ", attached hereto, is a to -scale color rendering of the proposed pipeline marker.) In addition, should trenching occur, during backfill of the pipeline excavation, "Buried Pipeline" warning tape shall be buried one foot (1') above the pipeline to warn future excavators of the presence of the pipeline. The pipeline trench shall be "double- ditch" backfilled by replacing the subsoil first compacted to 95% standard density proctor in six inch (G ") lifts and then replacing the topsoil. Public roads shall be bored; they shall not be open cut. Additionally, a portion of the pipeline shall be bored under the Property. Those portions of the pipeline that are required to be bored are shown on Exhibit "A1" to this Agreement. d. Repairs and Restoration. Licensee at its sole cost and expense shall repair any damage to the Property and surrounding property (including any improvements located thereon) resulting from the Licensee's use of the Property and/or temporary workspace. Licensee at its sole cost and expense, and in a manner approved by the City, promptly restore any portion of the Property and/or temporary workspace that is in any way disturbed or damaged by the construction, operation, maintenance or removal of the pipeline to as good or better a condition as the Property and surrounding property was in immediately prior to the disturbance or damage. Licensee shall diligently commence such restoration within thirty (30) calendar days following the date that the Licensee becomes aware of the disturbance or damage, or if the pipeline is being removed, within thirty (30) calendar days following such removal. C. Prohibited Substances. Licensee shall not use the Property in any manner which violates any federal, state or local law, regulation, rule or ordinance or, except for the right to transport the products defined in this Agreement, constitutes a public or private nuisance, where a nuisance is found by a Court of competent jurisdiction pursuant to a final unappealable decision. Licensee shall not locate, place, generate, store, manufacture, use or dispose of on or about such right of way any chemical, pollutant, toxic substance, hazardous material, waste or other substance that is in violation of any federal, state or local law, regulation, rule or ordinance pertaining to public health, safety or to the protection of conservation of the environment. f. Removal of Waste. Licensee shall remove all waste from installation of the pipeline within thirty (30) calendar days after the completion of installation of that certain segment of the pipeline that crosses the Property, and shall dispose of the same in a manner approved by the City Public Works Director. (02101110) Page 6 g. Relocation of Facilities. Licensee, at Licensee's sole cost and expense, shall protect, support, disconnect, relocate or remove from the Property all or any portion of its pipeline facilities when required by the City due to street or other public excavation, construction, repair, grading, regrading or traffic conditions; the installation, lowering, construction or relocation of sewers, drains, water pipes or municipally -owned facilities of any kind; or any type of improvement necessary for the public health, safety or welfare, as determined by the City in its sole discretion. Except in case of an emergency, the City shall give Licensee one hundred and eighty (180) days written notice that Licensee is required to protect, support, disconnect, relocate or remove Licensee's facilities and Licensee shall complete such removal within ninety (90) days thereafter. If Licensee reasonably requires more than ninety (90) days to comply with the City's written request, it shall notify the City's Director of Public Works and Director of Parks and Recreation, in writing, and Licensee shall be entitled to a one -time extension of an additional ninety (90) days. No additional time shall be permitted. h. Revocation termination or eg iration of license. Upon the revocation, termination or expiration without extension or renewal of this Agreement, Licensee's right to use the Property under this Agreement shall cease and Licensee shall immediately discontinue the transportation of oil, gas or petroleum products through the pipeline. Within six (6) months following such revocation, termination or expiration, and if the City requests, Licensee, at Licensee's sole cost and expense, shall remove the pipeline from the Property (or cap the pipeline, if consented to by the City) in accordance with applicable laws and regulations. If the Licensee has not removed the pipeline from the Property (or capped the pipeline, if consented to by the City) within six (6) months following revocation, termination or expiration of this Agreement, the City may deem any portion of the pipeline remaining on the property abandoned, and, at the City's sole option: (1) take possession of and title to the pipeline or (2) take any and all legal action necessary to compel Licensee to remove the pipeline; provided, however, that Licensee may not abandon the pipeline or discontinue its service without approval of the Texas Railroad Commission or its successor agency or any other regulatory authority with such jurisdiction. i. Operation of Pipeline. All pipeline operations shall be conducted in accordance with the rules of the Texas Railroad Commission and 49 C.F.R. Part 192, practices of a reasonable and prudent operator in the State of Texas and with state and/or federal laws, regulations, rules and requirements. All laws, regulations, rules and requirements regarding protection of the public health, water supply and natural resources shall be strictly followed. j. Drainage. Licensee shall plan and execute construction of Licensee's pipeline and the decorative (02101/10) Page 7 rail fence along the north Right -of -Way of Onyx Drive (required by Section 9 (s) of this Agreement) so that no flood conditions are created or worsened on the surrounding land in full compliance with the City Code, Chapter 102: "Floods and Stormwater Management ", Ordinance 2498 and the Public Works Design Manual. k. Vegetation. In order to minimize erosion and sedimentation resulting from the proposed pipeline installation, the excavated portion of the Property and/or temporary workspace shall be repaired and revegetated in accordance with Texas Department of Transportation Standard Specifications For Construction And Maintenance Of Highways, Streets, And Bridges, Items 160 through 169, as amended, with appropriate watering as required until the revegetated areas are determined to be self - sustaining by the City Parks and Recreation Director. 1. Commencement of Installation of Pipeline. Upon failure of Licensee to commence installation of the pipeline on the Property within one hundred twenty (120) calendar days from the execution of this Agreement, or to complete installation of the pipeline on the Property within sixty (60) calendar days thereafter, one hundred eighty (180) days from the execution of this Agreement this License shall expire. M. Protection of Public Rights -of -Way. Licensee shall repair damages caused by Licensee or its contractors, subcontractors, employees, and agents, excluding ordinary wear and tear, if any, to roadways that abut the above described property being used by Licensee for the activities contemplated herein. Licensee shall make a videotape of such roadways prior to the start of Licensee's operations contemplated herein and shall provide a copy of the videotape to the City Public Works Director. Licensee shall notify the City Public Works Director when burial of the pipeline is complete so that the City Public Works Director can determine if repairs are required. In connection with its obligation to repair said roadways, Licensee shall use materials of the same or better quality than those utilized to surface and/or repair the roadways prior to execution of this Agreement and in accordance with the City's Public Works Design Manual. Deviation from the materials described herein shall not be permitted without the prior written consent of the City Public Works Director. Repairs shall be completed in accordance with standard engineering practices acceptable to the City. Licensee shall repair the damage to the roadways at its sole cost and expense. n. Surface Use of the Prove ProveM by Ci The City shall be able to use the surface of the Property, without notification to the Licensee, for all appropriate municipal purposes including, but not be limited to, soft and hard surface trails, signage, park furniture and other amenities subsequent to the completion of construction and any necessary clean up. (02101114) Page 8 o. Heavy Vehicle Traffic. Licensee shall ensure that vehicles weighing over 80,000 lbs and traveling through residential neighborhoods and public or private parks shall be escorted by a vehicle escort service through such residential neighborhoods, public and private parks and shall not travel in excess of ten (10) miles per hour. P. Salt Water. Licensee shall not dispose of any salt water in its custody or control within the territorial limits of the City of North Richland Hills q. Pressure Monitoriar—, Pipelines subject to this Agreement shall be constructed with an automated pressure monitoring system that detects leaks and shuts off any line or any section of line that develops a leak. In lieu of such system, Licensee may have 24 hour pressure monitoring of the pipeline system which provides monitoring of the pipeline within the City limits. Any monitoring system(s) shall be keyed to or required to notify the City's emergency response providers in order to provide them with immediate notice of any leak r. Protection of Trees Licensee agrees to comply with the requirements of Chapter 114, Article 11 "Trees" of the Code of Ordinances, City of North Richland Hills, Texas (the "Tree Preservation Ordinance ") with respect to its activities on the property described as Exhibit "A2" and Exhibit "C ". If any "protected trees," as that phrase is defined in the Tree Preservation Ordinance, are removed from the Property without prior written authorization from the City of North Richland Hills Director of Planning and Development, or if a protected tree is injured because of failure to follow required tree protection measures such that the tree dies or may reasonably be expected to die, a monetary penalty of $254.40 per- caliper -inch of width of the protected trees removed or damaged shall be paid by Licensee in addition to applicable mitigation in accordance with the formula used to calculate original anticipated tree loss which resulted in the net mitigation fee originally assessed in Section 5 B. of this Agreement. s. Decorative Rail Fence Licensee shall install a decorative rail fence, as depicted in Exhibit "E" hereto, with a lockable security gate along the north Right -of -Way of Onyx Drive for the length of the existing post and cable fencing. Licensee must fully install the decorative rail fence by no later than 365 days after the effective date of this License Agreement; provided however, that this requirement may be satisfied by a third party gas utility company occupying the licensed area depicted on Exhibit "A" hereto. Such fencing shall be installed in full compliance with the Code of Ordinances, City of North Richland Hills, Texas, Chapter 102: "Floods and Stormwater Management ", Ordinance 2498 and the Public Works Design Manual to the extent (02/41110) Page 9 that it does not conflict with the rules and regulations promulgated by the U.S. Department of Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations, Title 49, Part 192, as adopted and modified by the Texas Railroad Commission. Licensee is solely responsible for securing the necessary approval for its proposed operations from the Federal Emergency Management Agency. 10. Insurance. a. Required of Licensee. Licensee shall provide the City Public Works Director with proof that Licensee has insurance of the following types and limits in effect: Commercial General Liability $ 5,040,000 per occurrence Property Damage Liability $ 1,000,000 per occurrence Automobile Liability $ 1,000,000 per accident, including, but not limited to, all owner, hired or non -owned motor vehicles used in conjunction Licensee's use of the Property. Licensee's primary and secondary insurance shall be underwritten by entities authorized to do business in the State of Texas and who are acceptable to the City in terms of solvency and financial strength. Licensee's insurance policy or policies shall name the City as an additional insured and cover all public risks related to Licensee's use of the Property. Deductible or self insured retention limits of any line of coverage required herein shall not exceed $1,400,000 per occurrence unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. The City shall have the right to revise the insurance coverage requirements under this Agreement upon a reasonable determination by the City Public Works Director that Licensee's use of the Property mandates such a revision. Licensee shall comply with such revised requirements within thirty (30) calendar days of receipt of written notice from the City of such a revision. Such policies shall provide that the amount of coverage cannot be reduced, or the coverage canceled, without thirty (30) days prior written notice to the City. b. Required of Licensee's Contractors. Licensee shall require any contractors who undertake construction, installation, maintenance, repairs or work that requires the excavation or other physical use of the Property to maintain insurance of the same types as provided by Section 10(a) of this Agreement with reasonable limits. 11. Liability of Licensee_ Licensee shall be liable and responsible for any and all damages, losses, liabilities (joint (02101110) Page 10 or several), payments, obligations, penalties, claims, litigation, demands, defenses, judgments, lawsuits, proceedings, costs, disbursements or expense, to include, without limitation, fees, disbursements and reasonable expenses of attorneys, accountants and any other professional advisors and of expert witnesses and of costs of investigation and preparation of any kind or nature whatsoever (collectively "Damages "), which are proximately caused by (1) the construction, installation, operation maintenance or condition of the pipeline, pipeline pig launcher or any related facilities or appurtenances; (2) the transportation of oil, gas or petroleum products through the pipeline; (3) any claim or lien against the property arising out of work, labor, materials or supplies provided or supplied to Licensee, its contractors, or subcontractors; or (4) Licensee's failure to comply with any valid and enforceable federal, state or local law, ordinance, rule or regulation applicable to the pipeline and appurtenances on the property, except to the extent directly caused by the negligence or intentional misconduct of the City. 12. Indemnity. LICENSEE SHALL INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, CONS, LIENS, LOSSES, EXPENSES, FEES ( INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY FIND AND NATURE, INCLUDING PERSONAL OR BODILY INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE CAUSED SOLELY BY THE NEGLIGENT ACT, ERROR, OR OMISSION OF LICENSEE OR ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, AFFILIATE OR SUBCONTRACTOR OF LICENSEE, OR THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS OR REPRESENTATIVES, WHILE INSTALLING, REPAIRING, OR MAINTAINING FACILITIES ON THE PROPERTY. THE INDEMNITY PROVIDED UNDER THIS SECTION DOES NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF THE CITY, ITS OFFICERS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS. IF LICENSEE AND THE CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT WAVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THIS SECTION 12 IS SOLELY FOR THE BENEFIT OF THE CITY AND THE LICENSEE AND DOES NOT CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. LICENSEE OR CITY SHALL PROMPTLY ADVISE THE OTHER IN WRITING OF ANY KNOWN CLAIM OR DEMAND AGAINST THE CITY RELATED TO OR ARISING OUT OF LICENSEE'S ACTIVITIES ON THE PROPERTY OR IN THE PUBLIC RIGHT-OF-WAY SUBJECT TO THIS LICENSE AGREEMENT. 13. Licensec as Independent Contractor, It is expressly agreed and understood that Licensee shall operate as an independent (42/01/10) Page II contractor as to all rights and privileges granted by this Agreement, and not as an agent, representative or employee of the City. Licensee acknowledges that the doctrine of respondeat superior shall not apply as between the City and Licensee, its officers, agents, employees, contractors and subcontractors. Licensee further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and the Licensee. 14. Default. The occurrence at any time during the term of this Agreement of one or more of the following events shall constitute an "Event of Default" under this Agreement: a. Breach. An Event of Default shall occur if Licensee materially breaches or violates any of the terms, covenants, representations or warranties set forth in this Agreement or fails to perform any obligation required by this Agreement. b. Bankruptcy. Insolvency or Receivership. An Event of Default shall occur if Licensee (a) files a voluntary petition in bankruptcy; (b) is adjudicated insolvent; (c) files any petition or fails to contest any petition filed against it seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any laws relating to bankruptcy, insolvency or other relief for debtors; (d) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master, custodian or liquidator of Licensee, any of Licensee's property or any revenues, issues, earnings or profits thereof; (e) makes an assignment for the benefit of creditors; or (f) fails to pay Licensee's debts generally as they become due. C. Violations of Law. An Event of Default shall occur if the pipeline or appurtenances on the Property or Licensee's operation of the pipeline on the property violates any existing or future valid and enforceable federal, state or local laws or any existing or future ordinances, rules and regulations of the City. 15. Uncured Defaults and Remedies. a. Notice of Default and Opportunity to Cure. If an Event of Default occurs on account of Licensee's failure to pay the License Fee in accordance with Section 5, such Event of Default shall be deemed an Uncured Default and the City shall have the right to terminate this Agreement immediately upon provision of written notice to Licensee. If an Event of Default occurs for a reason other than for failure to pay the License Fee, the City shall provide Licensee with written notice and shall give Licensee the opportunity to cure such Event of Default. For an Event of Default, Licensee shall have thirty (30) days from the date it receives written notice from the City to cure the Event of Default. If (02101110) Page 12 any Event of Default is not cured within the time period specified herein, such Event of Default shall, without further notice from the City, become an "Uncured Default" and the City immediately may exercise the remedies provided in Section 15(b). b. Remedies for Uncured Defaults. Upon the occurrence of an Uncured Default, the City shall be entitled to exercise, at the same time or at different times, any of the remedies set forth herein, all of which shall be cumulative of and without limitation to any other rights or remedies the City may have. C. Termination of Agreement. Upon the occurrence of an Uncured Default, the City may terminate this Agreement. Upon such termination, Licensee shall forfeit all rights granted to it under this Agreement and, except as to Licensee's unperformed obligations and existing liabilities as of the date of termination, this Agreement shall automatically be deemed null and void and shall have no further force or effect. Licensee shall remain obligated to pay and the City shall retain the right to receive License Fees and any other payments due up to the date of termination. Licensee shall remove the Pipeline from and restore the Property as and when requested by the City (or cap the Pipeline, if either consented to or required by the City). The City's right to terminate this Agreement under this Section 15(c) does not and shall not be construed to constitute any kind of limitation on the City's right to terminate this Agreement for other reasons as provided by and in accordance with this Agreement; provided, however, that Licensee may not abandon the pipeline without the approval of the Railroad Commission or successor agency or other regulatory authority with jurisdiction, if such action without such approval is prohibited at the time by applicable federal or state law or regulation. d. Leol Action Against Licensee. Upon the occurrence of an Uncured Default, the City may commence against Licensee an action at law for monetary damages or in equity for injunctive relief or specific performance of any of the provisions of this Agreement which, as a matter of equity, are specifically enforceable. 16. Emergencies. a. Work by the City. For purposes of this Section 16(a), a public emergency shall be any condition which, in the opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or man -made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed appropriate by the City Manager, Mayor, or Fire Chief, or their authorized representatives, including, but not limited to, action that may result in damage to the pipeline, and Licensee hereby (1) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for any Damages, as defined in Section 11, that may occur to the pipeline or that Licensee may (02101110) Page 13 otherwise incur as a result of such a response, and (2) agrees that Licensee, at Licensee's sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its pipeline that is affected by such action of the City. In responding to a public emergency, the City agrees to comply with all local, state and federal laws, including any requirements to notify the Texas One Call System, to the extent that they apply at the time and under the circumstances. In addition, if the City takes any action that it believes will affect the pipeline, the City will notify Licensee as soon as practicable so that Licensee may advise and work with the City with respect to such action. b. Work by or on Behalf of Licensee. In the event of an emergency that directly involves that portion of the pipeline located on the Property and which necessitates immediate emergency response work on or repairs to the pipeline, Licensee may initiate the emergency response work or repairs or take any action required under the circumstances provided that Licensee notifies the City in accordance with Section 9(a), above. After the emergency has passed, Licensee shall apply for and obtain a construction permit from the City Public Works Director and otherwise fully comply with the requirements of this Agreement. 17. Notices. Any notices required pursuant to the provisions of this Agreement or provided by the City or Licensee to the other shall be (a) hand - delivered to the other party, or (b) mailed through the United States Postal Service, postage prepaid, return receipt requested, addressed as follows: If to City: City of North Richland Hills Attn: City Manager 7341 NE Loop 820 North Richland Hills, Texas 76180 If to Licensee: Texas Midstream Gas Services,L.L.C. Attn: Manager - Midstream Property Rights 100 Energy Way Fort Worth Texas 76102 With copy to: CT Corporation System 354 N. St. Paul Street Dallas, Texas 75201 18. Compliance with Laws. Licensee agrees to comply with all valid and enforceable federal, state and local laws; all ordinances, rules and regulations of the City; and all valid and enforceable directives of the City Fire Marshal in order to protect the public health, safety and welfare. 19. No Waiver. The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the [az�ot�la} Page 14 law, shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert any such right on any future occasion. 28. Governine Law and Venue. This Agreement shall be construed pursuant to and in accordance with the laws of the State of Texas and of the United States of America. Venue for any action, whether real or asserted, at law or in equity, that arises out of the terms of this Agreement shall lie exclusively in state courts located in Tarrant County, Texas and in federal courts for the Northern District of Texas, Fort Worth Division. 21. Conferences. At the request of the City, the City and Licensee shall meet at reasonable times and upon reasonable notice to discuss any aspect of this Agreement or Licensee's use of the Property. 22. Assiennment. Licensee shall not convey, transfer, pledge, encumber or assign any of its rights under this Agreement without the prior written consent of the City. Any purported assignment that does not satisfy the foregoing condition shall be void. 23. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final order entered by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, including without limitation all available appeals, have been exhausted. 24. Headines Not Controlling. Headings and titles that are used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 25. Parties Bound. The rights, duties and obligations created by this Agreement shall be binding upon and inure to the benefit of the City, Licensee, and their successors and permitted assignees. 26. Entire of A Bement. This Agreement contains the entire understanding and agreement between the City and the Licensee as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent it is in conflict with the terms and (02101110) Page 15 conditions of this Agreement. This Agreement shall not be amended except by a written agreement signed by both parties. 27. Recording of Agreement. It is agreed and understood that this agreement shall not be recorded as a public record in the real property records of Tarrant County. Executed this __L day of l hdme l '2010. TEXAS MIDSTREAM GAS SERVICES, L.L.C. z , ZY By: (Signature} Robert S. Purgason Chief Operating Officer THE CITY OF NORTH RICHLAND HILLS By: D�� City Manager io as �o Iornt and legality, ?OMO WaPIVS, g1 ,attorney N RFC Caunca AcoodY�' N Date Approved Z -AO Agenda No. L `I' Ord 1 Res No. (02101 /10) Page 16 EXHIBIT " A " momm LOCH 34 VOL 388-50 PG 58 CPC DIAMOND OAKS LP fmw wo TRACT TX- TARR- FRAP -01t" .00 -27.00 35 N�S7R# D203411430 {?k ur N) BLOOK 23 LOT BAKER 36 38A R KAN D H LLS 3M 378 WEST ADDITION VOL 3W-6 PO 115 NYX DRIVE NORTH SD' RC 3 2 1 4 5 8 7 a CITY OF NORTH RICHLAND "US 9 SOEET TRACT TX -TAGG OD 10 ROBER RR- TRAP - MOD - so a a TRACTS ONE & TWO DZ071 %l VOL 5568 PG 79 11 REPEAT OFT SIi� 3 (7R W (m +4 +4U 12 VOL WEST 9E0 3 VOL 388 -78 PC 25 13 C As+73o) 14 15 TRACT ONE .■ 17 CITY OF NORTH 1a VOL 4H� 1PG � 19 20 21 22 CITY OF NORTH 23 F VOL 5143 C 559 Z Ow AV TNq 24 tAK -J ZZEAW0R. OTY OF NORTH MM AND KW } CITY OF NORTH TRACT TA-TARR- mm - O3(k01 J TRACTS ONE R TWO BIRD►AI I E ISO LOTS 3r VOL an PO 79 TRACT RICELAND HN.LS (M 44 TX TARR- FRN;'- 031.00 - 032.00 WW ADOMON I IN Tw N9 INSTR/ 0207397604 VOL 318 -1110 PO 411 1-1-10 (m 4. t ") (sm pam / NS OF BEARINIk THE NORTHERLY LINE OF THE PARCEL DESCRIBED AS TRACT IN VOLUME NUMBER 6366 PAGE 79 OF THE TARRANT COUNTY RECORDS BEARS I`W49`E (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE. 1 - (CM MaROL ( DAI» _'- -. - -- AMROXWE AISIRWT LNE W �6287iU071" n�1671fl7 355�DRAYMC�2l9�RAP1�YfgBIT5�07333V�219- E1691BT- 02a.40_67A.06�O.OI.ONG n 1/07/HO 1 4W I M AOOk'0 OIwMM A-L R a t TEXAS MIDSTREAM GAS SERVICES 10 WN/ta .vm I PDA I IN Tw N9 0 11/{7L/09 .AAAI P[Y IBV o ORtmw PR0P05� PiPom CA01>Sw TRACT TX- TARR- FRAP- 02&00- 0W.00 -30.01 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS FOSSIL RIDGE TO ARC PARK a WWM Jw I sA W40 0m m m a f m110 IDOWNT0IMN D r B�. 7 iRp I ,awA wim ACgI1 K wmwAct 6 JP JAI NOW AMTOWL WWWAa 3 91/21/09 is am IWAM AMMOL VOKrAM �� SAM 11/13/06 SW t' .3w 4 92/19/07 .pf SA NH:tilikD FA9F�iT LOCA11011i 671F701® F WT" M PEY H/li/0a 0150. + SHEET 1 OF+ im K tr TA Hw 7�,M1910 F ..1HNb �c iiii° ft 3 ti/i/07 31D 3A MW Loom SUDAN R 4f/0Q/87 PW am wam AJOwwi11 cm " FEY DA; - btuft" w EXHIBIT "A" CPG DIAMOND OAKS LP DIAMOND LOCH TRACT VOL 388 -50 PG 58 TX- TARR - FIR AP- 022.00_027.00 (Servo,,# ;840) INSTRI D203411430 (7R zA] 3B) 38 FOUND 5/8' N89'26'49'E 53.84' IRON ROD POINT OF BEGINNING CM] BASIS OF BEARING ____ N89"29'48 'E 349.50' N89'26'49'E 20.41' 1 t 20.00' X11 SANITARY do WATER EASEMENT VOL 5521 PC 582 20' TEMPORARY WORKSPACE 20' LICENSED AREA NO-1 34,128 SFt 0.783 ACf �I 30' SANITARY 1 t EASEMENT 1 VOL 7168 PG 988 s 1 m 1 1V 1 11'! 1 11 JEFFREY BRIAN BAKER BLOCK 23 LOT 2 RICHLAND HILLS WEST ADDITION VOL 388 -6 PG 115 INSTJ D204335950 (SVHD 13e7) ONYX DRIVE NORTH (5Q' ROW) +SANITARY & WATER EASEMENT VD,5 21 PG 582 2 4 B 7 5 13 TRACT ONE i f T — — MATCH SHEET 3 cn G MI Lllw 14 15 16 ADDITIONAL WORKSPACE N 8' ELEC EASEMENT VOL 3085 PG 373 20 14 22 (CM) C@lTROL MONUMENT (A WS DATA) -- - — APPROAMAIT ABSTRACT LINE COMBINED SCALE FACTOR:1.000147269 l! \52871 ` AC31VE\1 87107355\PRAWING\219_FRAF\E*EIHI TS\07355V- 219 - EWE T- 02 &0D_.029. DO- 0.0t.OWG ' y I II 8 7 11 1 ll AS CITY OF NORTH RICHLAND HILLS 11 11 REPLAT OF RICHLAND TEXAS MIDSTREAM GAS SERVICES TRACT tl I1 HILLS WEST SEC � n TX— TARR —FRAP- 028.00- 029.006c 1 II VOL 388 - 78 PG 2 � I ( (74130) �l •P TX— TARR —FRAP- 030.01 f ��R� TRACTS ONE & TWO 1111 11 0 VOL 6558 PG 79 11 PE11 (TR 4 4A) PROPOSM PI"E CROSSN' TRACT TX— TARR— FRAP- 028.DD--029.00 -30.01 CITY OF NORTH RICHLAND HILLS COUNTY OF I'ARRANT, STATE OF TEXAS LICENSED AREA NO. 1 FOSSIL RIDGE TO ARC PARK KAP- WORKSPACE 17,073 SF ni 12 AOO'L WMI(SP 13 TRACT ONE i f T — — MATCH SHEET 3 cn G MI Lllw 14 15 16 ADDITIONAL WORKSPACE N 8' ELEC EASEMENT VOL 3085 PG 373 20 14 22 (CM) C@lTROL MONUMENT (A WS DATA) -- - — APPROAMAIT ABSTRACT LINE COMBINED SCALE FACTOR:1.000147269 l! \52871 ` AC31VE\1 87107355\PRAWING\219_FRAF\E*EIHI TS\07355V- 219 - EWE T- 02 &0D_.029. DO- 0.0t.OWG EASEMENT TABLE 11 1/07/10 AS PE]A AM M01 A % A c TEXAS MIDSTREAM GAS SERVICES OENTERUNE LENGTH 1,624.70 FT 130.39 Ras .O 121MAN um pFy RE� „� ND UOENSM AREA 36.495 SF 0.857 AC 0 IIJ04 IP .114 PE11 Ill® Valli R PROPOSM PI"E CROSSN' TRACT TX— TARR— FRAP- 028.DD--029.00 -30.01 CITY OF NORTH RICHLAND HILLS COUNTY OF I'ARRANT, STATE OF TEXAS LICENSED AREA NO. 1 FOSSIL RIDGE TO ARC PARK KAP- WORKSPACE 17,073 SF 0.392 AC AOO'L WMI(SP 95.788 SF 1 2.190 AC e, 05 J+P SA AM mm wym [xI1 ma t m " DOW?fr(M DFSM SERVICES, INC. 7 031MION AP UM FIRM ADWU4AL WMEPAM e /0+ rRP ANN RM= A00111CMAL WOWS -AM 5 mPnro8 ZS WM REMRD AMTK%X lQWWALE "^"*" SJ771 ,flume s r1 s. r .300' + ,210/07 R M E&SE B T LDCA710M.5 aeea® PROAXT WXVM APPROVED PFY 11n4 0 100 200 SHEET 2 OF 4 Stantac GDnaulTlnp Inc. 3670 S LT T. by' s- 761b Tw R17- 2a ,910 r a,7s1. 000 3 11/26/07 REWSM FA,E31bP WOT)f 2 111/02/C7 t REASEO AOJG7IER CTR NOB 80, DATE - DESCMFT M EXHIBIT "A" 17 a MATCH SHEET 2 20' LICENSED I L 5' ELEC EASEMENT AREA N0. 1 a� e VOL 3085 PG 373 34.128 SFt 3U' SANITARY 20 0.783 ACt �+ L I EASEMENT CITY OF NORTH 22 RICHLAND HILLS 20 1 VOL 7168 PG 986 21 TRACT r TX- TARR- FIR AP- 026.00•- 029.00 ADDITIONAL I � ApD1TI0NAL 23 TRACTS ONE & TWO WORKSPACE NO. 1_I 1 � WORKSPA VOL 8558 PG 79 4 NO Z TRACT 25 NOO'02'40 "E I T ' �� 2" (1p 4) 2.99' SOq'p2'40 "W TWO � _ - RUN ROD ONYX DRIVE SOUTH (50' ROW) 589'41'39 W � N89'41'39 "E 396.67' - CITY OF NORTH RICHLAND HILLS 20' LICENSED FOUND 1/2' IRON BLOCK 17 TRACT TX-- TARR- FRAP -- 030.01 AREA NO 2 ROD (CM) TRACTS ONE do TWO 7 8 5 4 3 2 1 VOL 6558 PG 79 ( CITY OF NORTH 8' ELECTRIC EASEMENT-" ASEMENT ADDITIONAL RI CH HILLS VOL 3085 PG 373 WDRKSPA LOTS 3 -7 RICHLAND NO. 3 HILLS WEST ADDITION BIRDVILLE ISO VOL 386 -180 PG 41 TRACT TX- TARR -FRAP- 031.00 - 032.00 (5 /s4vao) INSTRO 0207397604 ADDITIONAL WORKSPACE NO. 4 (TR 1, Ik C -9) DESCRIPTION OF IICENSM AREA NO, A 2U -FOOT LICENSEE] AREA ACROSS A PORTION OF THE PARCEL DESCRIBED AS TRACT ONE do TRACT TWO IN VOLUME 6558 AT PAGE 79, AND ACROSS A SANITARY AND WATER EASEMENT DESCRIBED IN VOLUME 5521 AT PAGE 582 AND ACROSS A 8 -FOOT ELECTRIC EASEMENT DESCRIBED IN VOLUME 3085 AT PAGE 373 ALL OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE MAHALY LYNCH SURVEY, ABSTRACT 953, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 8558 AT PAGE 79 FROM WHICH A FOUND 5/8' IRON ROD BEARS N89'25'49'E 53.$4 FEET AND THE NORTHEAST CORNER OF SAID PARCEL BEARS N89'26'49'E 349.54 FEET; THENCE S12'04'14 "E 854.85 FEET TO THE WESTERLY LINE OF THE 30 -FOOT SANITARY SEWER EASEMENT DESCRIBED IN VOLUME 7168 AT PAGE 986; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING THREE (3) COURSES: 1. THENCE S0233'13 "E 280.77 FEET; 2. THENCE SI1'40'30'E 565.90 FEET; 3. THENCE SOC'02'40 *W 4.92 FEET TO THE NORTHERLY BOUNDARY OF ONYX DRIVE SOUTH FROM WHICH THE SOUTHEAST CORNER OF SAID TRACT TWO MONUMENTED BY A FOUND 1/2" IRON ROD BEARS N89'41'39 "E 398.67 FEET; THENCE 589'41'39'W 20.00 FEET ALONG SAID NORTHERLY BOUNDARY; THENCE PARALLEL WETH AND 20.00 FEET WESTERLY FROM THE WESTERLY BOUNDARY OF SAID 30 --FCOT SANITARY SEWER EASEMENT THE FOLLOWING THREE (3) COURSES. 1. THENCE NOO'02'40 "E 2.99 FEET; 2. THENCE N11'40'30 "W 565.44 FEET; 3. THENCE NO2'33'13 "W 280.71 FEET; THENCE N12'04'14'W 857.26 FEET TO SAID NORTHERLY BOUNDARY; THENCE N89'26'49'E 20.41 FEET ALONG SAID NORTHERLY BOUNDARY TO THE POINT OF BEGINNING; CONTAINING 34,128 SQUARE FEET OR 0.763 ACRES, MORE OR LESS. - /y -/a °Fri • . .. ........... E. MAANI M •• 5533 ; (•• (CM) OOKTROL MONUMENT (ASN " GAYA) APPR(WMATE ABSTRACT L94E COMBINED SCALE FACTOR: 1.00 014726 9 Y.\52a711A:: nvC 15"/l07355\0RAMN G/219--FRAP/Ex H331T3107355V- 219 -E)NI ST- 028.00029. W.}0.01. DWG " 1/07/10 AS I PEW AM DWT5 A-1' 6 4. c TEXAS MIDSTREAM GAS SERVICES to 12/]0/09 .MU I PEU Wv= WZT wo SEE SHEET 2 FOR 9 111NIa9 rum PEW °E'er° EASn°rt P P TRACT TX- TARR -FR 28.00- 029.p0- -30.01 EASEMENT INFORMATION a ,os/l9/9e 6A wvm mm nar3 a. m noa CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS LICENSED AREA 7 :avod/cs ,xP yY REVNED AWTKNN. WORKyAM a 03/w SIP JIM REMED A0011 1011AL WORKWACE M I FOSSIL RIDGE TO ARC PART( S OI/T1/06 AS JIM R�E�W AWTO1A WORI4TACE DU � L"m 11/13/01 5CA£ 1' .2210' ��+�ry� INC. ODWNMWW LlL 71Nf� �1 [ 4 fYAo/I i AN 54 RrMB EASE MY LDG1XW 0HAU POI 11/f4/Ga 1DD' 200' I11dlQ IRC• LlflflSEC 3 11/'21/07 SM SA REMSED EASaOT IMTH em R20 PRC�tsl mW V T '1 511. 7{940 1% F l 410 �mG eT7 +voo >EC11pi x 11(bx/o7 P0.! Jim J A C 0 RPNS[D A1S'.WEA cm 116 REV. DATE sr APA. OLS3tPZO1 "' APPROVED SHEET 3 OF 4 EXHIBIT "A 20' LICENSED 9 g� a �N AREA NO. 1 t TRACT ONE y CITY OF NORTH RICHLAND HILLS ADDITIONAL TRACT TX- TARR -FRAP- 028.00 - 029.00 WORKSPACE r TRACTS ONE do TWO N0, 1XI VOL 8558 PG 79 (TR 4A) s NB9'41'39'E 20.00' 1 ADDITIONAL WORKSPACE NO. 3 ONYX DRIVE SOUTH (SO ROW) CITY OF NORTH RICHLAND HILLS 20' LICENSED NOO'0240 E S TRACT TX- TARR- FRAP -030. 01 AREA NO. 2 118.3S' TRACTS ONE Ise TWO 2,367 SFf VOL 6558 PG 79 OR *4 0.054 ACS - --- {------ - -_ - -- 589'3014 W 1400.27 - -- - - 8' ELECTRIC EASEMENT VOL 3085 PG 373 POINT OF BEGINNING N 6981342.11 N 6981333.45 E 2352585.44 E 2351585.22 BlRQVILLE ISO S59'30'14'W 20.00' TRACT TX- TARR -FRAP- 031.00 - 032.00 INSTR# 0207397504 (7R 1, a C 17 ,6 4 r 1 30' SANITARY 1 EASEMENT y VOL 7168 PG 986 } j ADDITIONAL WORKSPACE � yNO, 2 L L -___ -- 19 201 FOUND 1 fRON F TRACT 25 TWO 1UND 1 /2 - IRDN ROD_ N 9'41'39'1 398.15' BL 17 7 B 5 4 3 2 L CITY OF NORTH RICHLAND HILLS LOTS 3 -7 RICHLAND HILLS WEST ADDITION VOL 388 -180 PG 41 (SUBS /YTIi,'!0) ADDITIONAL WORKSPACE NO. 4 S00'02'40'W 118.15' A 20-FOOT LICENSED AREA ACROSS A PORTION OF TRACT ONE AS DESCRIBED IN VOLUME 6558 AT PAGE 79 AND ACROSS A S -FOOT ELECTRIC EASEMENT DESCRIBED IN VOLUME 3055 AT PAGE 373 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE MAHALY LYNCH SURVEY, ABSTRACT NUMBER 953, DESCRIBED AS FOLLOWS: I BEGINNING ON THE SOUTHERLY BOUNDARY OF SAID TRACT ONE FROM WHICH ITS SOUTHWEST CORNER BEARS S89'30'14'W 1004.27 FEET; THENCE NOO'02'40 "E 118.38 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF ONYX DRIVE SOUTH; THENCE N89'41'39'E 20.00 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE FROM WHICH THE NORTHEAST CORNER OF LOT 3 BLOCK 17 RICHLAND HILLS WEST ADDITION FILED IN VOLUME 388 -18D AT PAGE 41 MONUMENTED BY A FOUND 1/2 IRON ROD BEARS N89 41 - 39 - E 398.15 FEET; THENCE S00'02'40 "W 118.15 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT ONE; THENCE 589'30'14'W 20.00 FEET ALONG SAID SOUTHERLY BOUNDARY TO THE POINT OF BEGINNING; I CONTAINING 2,367 SQUARE FEET OR 0.054 ACRES, MORE OR LESS. BASIS OF BEARING: THE NORTHERLY LINE OF THE PARCEL DESCRIBED AS TRACT ONE IN VOLUME NUMBER 5558 PAGE 79 OF THE TARRANT COUNTY RECORDS BEARS N89'26'49'E (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE. ' DATE OF SURVEY: PAUL F- MANNEL . 07/12/07- 05/23/09 4-r ... 5URVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM �'_ OF 'r, y ��1grE R � AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME 15 TRUE AND CORRECT, ' DATE OF SURVEY: PAUL F- MANNEL . 07/12/07- 05/23/09 4-r ... 5533 "• A PAUL E. MANNEL (CM) CONTROL MONUMENT DATE ERE? PROFESSIONAL LAND SURVEYOR NO. 5533 ( DATA) DATE OF SIGNATURE: I- _._ ._ .... APPROAMATE: A857RACT UNE COMBINED SCALE FACTOR:1.000147269 V: \52871 % ACTIVE \787107355 \0RAMNG\219- RM\E%HI BETS\07355V- 219 -E%H 16T- 02E.00_02R.0030. 01.DWG 1t r ho m I mu Rao PNR1$ A - 1, A A c TEXAS MIDSTREAM GAS SERVICES 1n 12/SO/Di JIM nu Woo %wr ND SEE SHEET 2 FOR EASEMENT INFORMATION a 11/04/m mm Pcm WASM Wq" TRACT TX 7ARR -A P PoP FRAP - 028.0 D c D - 0 ARR - 029.00 - 30.01 It o5/77/m J1P SA 9[MD mw a Am mm CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS RE L ICE N SED AREA RE 2 7 03/01 JR P AIM 9k149F]7 AOnrM& WWWAQE a /04 ,RP JAM REN9m A00010N& 11MWAM 1 C PARK SIL RIDG E AR C FOSSIL RIDGE DOWNTOWN DESIGN SERVK:M INC. 5 o,/zs/w J,s ,YM WAM ADWMAL WMSPACE DOAN sin 11A31 a WALL r -War 4 12/19/1? YOM 5A RDA4L U35I 11T LLCAT10115 C1CPfE>5 PRAECT SECTION PEN 11/1410! O 1OQ' 2{)O' 2m Sta L Ccn�0lq n0 In C. 30W 8>= uW � Fig. TX N140 TN. 917.7R?t>ftM F- ;17,�➢3.1 N0 l 3 117`11/07 SAD SA ReNW CA$1E71T MOTH 2 1r/02/Q7 P0.1 Alll RE %411 Aa1GMiER X05 REV. DATE BY APP. I DESCAIP'MM K•y� •�+ A ' --- SHEET 4 OF 4 EX 1IBIT "A$0 CITY OF HALTOMI CITY WtACT VOL 40" PG 270 (m 10) 1RIT O I T I" MOM." HILLS VOL 9456 PG 536 fm wm t z? WARAEN NN HAL7W CITY LM VOL 1=47 PG 1315 (m ff") .4 " !1 UJANCE PJK L LOT 2 BLOCK 1 00%011RY PARK AOOIIION VOL 3611^164 PG 73 620LT13437 ($AI aN I — )1 —m> FMMONAL RAL ROW W TRACT VOL S6 PG 53E (182&4) HALTM CITY PG 217 (7R ZA,T k 10) i !' O a IS OF BEAMNG; THE NORTHERLY LINE OF THE PARCEL DESCRI10 IN VOWIJE SB OF PAGE 536 OF THE TARRANT COUNTY RECORDS BEARS N89'2VWE (GRID) THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE. (CM) CWTM ItGMAMT (ASSMSW'S DATA) AM ADMIAN AY6IRACT UNE DDWNTDWN DESIGN SIDWOMS, MM:. Sw1bc consuwag Inc. sego x = FL W.S. nuo s alLmmo - - ■..�I.bn+Pr TEXAS MIDSTREAM W SERVICES PROPOSM PFaW CROSM TRACT TX— TARR —FRAP- 008.00 - 010.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TAMM. STATE OF TEAS FOSSIL RX)GE TO ARC PARK M AN sm 111W1bff 9MIL. r .3w AWO OHM A-1 k B 040 PEIA 11)WAIS 151Y ° Mm WNW maw TRACT MAW 9ECl10l1 Mow" AP PEM rarrr t rr n EXHIBIT (CAA) carrrna MMM W (ASSPSM "S DATA) - - -- APMO MAX AlQi1R = UK COMBINED SCALE FACTM- 000147269 I I lM 0 *iyitsl sig � 1� stanw consuldn0 bm. mm aVno Ft WWft ra 7040 rt r1iS""To - F . e1T,=,NO euo[a cm, A-16 9 men ImmoR C NAfMiEA ESMT W 'rH acww TRACT TX— TARR— FRAP-009.00— 010.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS 20' LICENSED AREA WAM r - 300 0 15W 300' I- ll —lo two N 5990332.53 E 2350491.89 CITY OF HALTOM CITY TRACT TX- TARR- FRAP- 0O8.00 POINT OF BEGINNING VOL 4046 PG 270 N89-29.30•E N 6990327.32 E 2350104.58 CITY OF (rR 10) 21.12' BASIS OF BEARtjGS HAL70M CITY TE%A - �A88'29'3i5"� 387. V%A' - - - HCP PG 17aa) AL LP 1 30' SANITARY SEWER \\, y � 20' LICENSED AREA LOT 411 WARREN INN 1� ' y 17,7$8 5Ft W y� MEADOW b HA OM } VOL 7157 PG 790 p 0.408 AC* ° LAKES ADD CITY LT VOL 12247 ! f ` 1 y 1 D ° r1♦1 SL 870 PG 1315 (M tom) CITY OF NORTH RICH FACT ILLS trl FOUND 1/2" IRON __���'1IA S D20616T179 4 T %- TARFh- TRAP- DD9.00- 01000 PG 1,pp. VOL 56 '338 1 ° ROD STAIAP fl FOUND 3%'8" 20' SANITARY 94 r1 f 1` "SPINNER' {CAI} N 6989725.52 REBAR� EASEMENT 1 4 1 E 235D683 87 N 648$718 55 VOL 7208 PG 1571 i , �� rK P a-oa +4'm• R =1BO295'y E f-# ° E 7351146.Q6( R1CF�ANO H CHURCH OF CHRIST R L =20.'32' 4 ° t ' TRACT CHB- S57'48'31"W� TX— TARR —FRAP- 412.01 ALLIANCE 1 CH =20.52' LOT 5R BLOCK 7 PJWE LP 2 BLOCK I � MEADOW LAKES ADD LOT COVEN TRY PARIdj REGIONAL RAIL ROW CO � $,'b A -1 vCA PC TRACT VOL 388 -64 TX— TARR— FRAP -- 011.00 �� CSI s PG 73 VOL 55 PG 536 <1 FOUND 318 REBAR (CM) 0206373437 N 698969 .7 (p mss' E 2351236.63 (CAA) carrrna MMM W (ASSPSM "S DATA) - - -- APMO MAX AlQi1R = UK COMBINED SCALE FACTM- 000147269 I I lM 0 *iyitsl sig � 1� stanw consuldn0 bm. mm aVno Ft WWft ra 7040 rt r1iS""To - F . e1T,=,NO euo[a cm, A-16 9 men ImmoR C NAfMiEA ESMT W 'rH acww TRACT TX— TARR— FRAP-009.00— 010.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS 20' LICENSED AREA WAM r - 300 0 15W 300' I- ll —lo EXHIBIT "A" A 20 -FOOT LICENSED AREA ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 9458 AT PAGE 538 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE SARAH SAWYER SURVEY, ABSTRACT NUMBER 1425, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF SAID PARCEL FROM WHICH ITS NORTHEAST CORNER BEARS N89'29'30`E 587.34 FEET; THENCE S19'16'10'E 883.58 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL AND THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1602.95 FEET AND THE CHORD THAT BEARS 557'46'31'W 20.52 FEET; THENCE ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 00'44'01' AND AN ARC LENGTH OF 20.52 FEET; THENCE NIP 894.97 FEET TO SAID NORTHERLY BOUNDARY; THENCE ALONG SAID NORTHERLY BOUNDARY N89'29'30'E 21.12 FEET TO THE POINT OF BEGINNING; CONTAINING 17,758 SQUARE FEET CR 0.408 ACRES, MORE OR LESS. BASIS OF BEARING: THE NORTHERLY LINE OF THE PARCEL DESCRIBED IN VOLUME 9458 OF PAGE 538 OF THE TARRANT COUNTY RECORDS BEARS N89'29'30'E (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE, SU&)=S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. RATE Of SURVEY: 07/12/07 - 05/23/09 PAUL E. MANNEL REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5533 GATE OF SIGNATURE: e1- II - ynlo ..:...............:.. PAl]L MAHNEL (CM) CCNTRCL MONUMENT (A SSESSOR 'S DAY-A) — — APPROMAIE ABSTRACT LNE - 1 x.00. -, &G SEE SHEET 2 FOR EASEMENT INFORMATION TEXAS MIDSTREAM GAS SERVICES PRDPDS® PIPPLNE CROM M TRACT TX- TARR- FRAP- 009.00 -- 010.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT. STATE OF TEXAS DESCRIPTION FOSSIL RIDGE TO ARC PARK — 11/OS/p6 SGAi.E: I. —/A SHEET 3 cr 3 DO KMWN DESIGN SERMICE5, INC. 3 04/06/10 JS6 PEW Awm EMETS 0,-1 • 6 Inc. 1 COnlli111TIQ =0 -9 m]o Y leap d!0 3 10/26/OG Sind PFIA 9 EA.SDOT R ll 117 T% T811C 'k X17793,1010 1 D3/17/OP JIP .WW CHANQ➢ FSMT 1Y0751 r— 617.7941990 .m- - """^ —. DAZE BY I APP_ _ DmouvrnOM TEXAS MIDSTREAM GAS SERVICES PRDPDS® PIPPLNE CROM M TRACT TX- TARR- FRAP- 009.00 -- 010.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT. STATE OF TEXAS DESCRIPTION FOSSIL RIDGE TO ARC PARK — 11/OS/p6 SGAi.E: I. —/A SHEET 3 cr 3 EXHIBIT "A" � ONCOR ELECTRIC DEl1VFRr CO LLC Tx— TARR— FRAP- 013.DD VOL 2868 PG 449 (v m) AAA p �R $0 S 5� CITY OF NORTH RICHLAND HILLS LOT 26 BLOCK 1 IRON HORSE WEST ADDITION CAB A SL 1937 VOL 12068 PC 378 (Aw 2E31m) CITY OF NORTH RICHLAND HILLS i TRACT TX— TARR —FRAP- 014.00 —M&OD— 0.00_017.00 f VOL 9458 PG 338 (1R IM 2NI 2W 20 JESSIE ZIEMER EST VOL 7961 PG 1447 (rR 1M [A) DAVID LEE MCDAVID ETUX NANCY VOL 7961 Pa 1455 (M fnaA, CHARLES L 4 BEVERLY MCCAULEY� VOL 7961 PG 1427 (m Trryoa) FLORA MAE BRAWNER LOT 8 BLOCK 7 1 DIAMOND OAKS NORTH ADDITION VOL 388 -23 PG 25 (mm omm �� a 4 4 x MICHAEL C HANDY ETAL LOT 3 BLOCK 6 li DIAMOND OAKS NORTH ADDITION JOHN VOL 368 -23 PG 25 ANGELA UPCHURCH VOL 16347 PG 408 LOT 4 BLOCK 6 (SUBD A870) DIAMOND OAKS NORTH AC 1!-10 VOL 358-23 PG 25 INSTR D204194641 ��st1 (sue AM) 4 PAUL E. MANNE t ELMER G STANLEY VOL 8962 PG 1915 I� I II I�I BASIS OF BEARING: THE SOUTHERLY LINE OF THE PARCEL DESCRIBED IN VOLUME 9458 PAGE 538 OF THE TARRANT COUNTY RECORDS BEARS S89'24'40'W (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE. - (CM) CONTROL MCINUUENT i1 =C�+ -� {ALP$ DAM) iu - --- APPRO=ATE A857RACT LINE V: /32971\ArTSVE\1 81 1 0 7 35 5 \DRAWNG\21 Q-F RAP /E]O-981TSN07355V- 219- E10116T -014. DO. DWG i DOWNTOWN DESIGN SERVICES, INC. Stanl9c Conou91ng Inc. 2870 0.E loop 0.20 a WV6 T% 78740 TEL 817m.,910 NO li TARA Vnl3mON i LOT 1 BLOCK 6 PROPOSED PIMINE CROWNG TRACT 7X— TARR —H — 014A0- 015.0016.00- 017.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS FOSSIL RIDGE TO ARC PARK DIAMOND OAKS � NORTH ADDITION VOL 368 -23 VOL 25 VOL 15766 PG 484 (9" M70) i DARYL R & TERRY L AOOE9 Dl OTS A -1 it 0 KAATZ ETUX i DIAMOND OAKS y A • - 200' —NORTH ADDITION PEM VOL 388 -23 PG 25 p sq� LOT 2 BLOCK 5 11,10/m INSTR D204342905 POJ MW P070) RF1R.4D AOJLWLR CTR NOA ELMER G STANLEY VOL 8962 PG 1915 I� I II I�I BASIS OF BEARING: THE SOUTHERLY LINE OF THE PARCEL DESCRIBED IN VOLUME 9458 PAGE 538 OF THE TARRANT COUNTY RECORDS BEARS S89'24'40'W (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE. - (CM) CONTROL MCINUUENT i1 =C�+ -� {ALP$ DAM) iu - --- APPRO=ATE A857RACT LINE V: /32971\ArTSVE\1 81 1 0 7 35 5 \DRAWNG\21 Q-F RAP /E]O-981TSN07355V- 219- E10116T -014. DO. DWG i DOWNTOWN DESIGN SERVICES, INC. Stanl9c Conou91ng Inc. 2870 0.E loop 0.20 a WV6 T% 78740 TEL 817m.,910 NO TEXAS MIDSTREAM GAS SERVICES - .. PROPOSED PIMINE CROWNG TRACT 7X— TARR —H — 014A0- 015.0016.00- 017.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS FOSSIL RIDGE TO ARC PARK _ JSS PEN AOOE9 Dl OTS A -1 it 0 ORAWq BY snw 11/w/oa y A • - 200' um PEM REMSED WEIMENT p sq� PEII 11,10/m 0 1 200' WaT 1 OF 4 POJ J,9J RF1R.4D AOJLWLR CTR NOA SOT ilES SA WVSED LOCATION OF EAgNE11T SECTION BY Are. DOWTION EXHIBIT "A„ �I I i CITY OF NORTH RICHLAND HLLS TRACT TARR- FRAP- 014.00 -M SAO- D16.OD -M7.D0 VOL 9458 PG 538 (M ,Era !Y 2Y ZQV 1 I BLOCK 1 35 3 � 2 34 32 33 21 11 31 22 30 MEADOW LAKES 23 TION 29 CAB A SL 32 24 a"xs) \ 25 1 � r �i E � s_w 1 q z In to c \/ BLaac 1 J ;3 \ 12 CITY OF NORTH RICHLANO HILLS TRACT TX- TARR- FRAP- 0146OQ -M&OO- 18.00_M7.O0 VOL. 0408 PG 338 10 9 1617!6 FOSSIL RAGE TO ARC PARK DOVIM DIM •^ / 51�Ry= M 4 W ..7. ra AM CMM A-, ! e � �.RY 11ADOA/ WALL' ,• �2ar SfienaeColssuRlwpMa 3 pw FWAMu�vaT CHEOW Poi 11 AG1 05 ® 100' 200' 25 SE In s iir ARM ADJ(yfX G91 MOi lLCAdI MEADOWLAKES COAT IMP ASSN VOL 10827 PO 120 TERRY k DECOKES ETtrA R IV E VOL 13428 1PQ 83 Te DON R k KAY N WATERS mx L � TRAILS VOL 388-206 PG 62 VOL SW PO 1730 CIRCLE T Oft SOOUT COUNCIL, ,QF,1 TRACT T TARR- FRAP -019A L920.00 X VOL 4688 PO 374 6STlR•,� (M3r 146) ENI! • ME k JOAN STANLEY TRACT Tx- TAlRR -FRAP- 019.01- 000.01 20. 1533 VOL 129$0 PG 416 � 3p) +• (Cm) Om mm uommmT (A " OAIV - - APPRMMM B ASSTRAM LW W. \5W711AcitwE 187107=VRAW04ON S— ff tAP\ PaW .TS\07MY- 2,9— DMBT ^o,4.00.o1Yo TEXAS MIDSTREAM GAS SERVICES MPOW RPEM OROSSING TRACT Tx TARR- HW- Mt0D-ffi5.00-116A0_M7.0 CITY OF NORTH RICHLAND HILLS m WTY of TARRANT STATE of T"AS FOSSIL RAGE TO ARC PARK DOVIM DIM •^ / 51�Ry= M 4 W ..7. ra AM CMM A-, ! e � �.RY 11ADOA/ WALL' ,• �2ar SfienaeColssuRlwpMa 3 pw FWAMu�vaT CHEOW Poi 11 AG1 05 ® 100' 200' 25 SE In s iir ARM ADJ(yfX G91 MOi lLCAdI EXHIBIT "A �c gAZ• I CITY OF NORTH RICHLAND HILLS (CM �I TRACT I I: TX— TARR —FRAP- 014.00 PG 50015,00_017.00 VOL rid i II (TR }573 2N 2V 2AJ) I I / I. r LINE TABLE I11 7.5' ELECTRIC LINE BEARING DISTANCE EASEMENT / Lt S89'24'4O'W 21.11' VOL 9774 / I, / PG 1757 L2 N72'10'00 "E 20.01' ' `r 0. 31 (CM) LOCK 11 \ \ MEADOW LAKES * ADDITION CAB A SL 32 / (SUBDf 25425) 30 SANITARY ; / EASEMENT . ��� �00,g I VOL 7157 PC 792 v \\ 10' SANITARY \ \ \\ EASEMENT VOL 6729 PG 240 g R� 00" Ee KAY H \ \ 20' LICENSED WATERS ETUX \ \ LOT 3R BLOCK 11 AREA \ \ 31,161 AREA FOSSIL CREEK TRAILS. \ \ D.7T5 ACt VOL 388 -206 PG 62 VOL 8843 PG 1730 CITY OF NORTH RICHLAND HILLS \ \ TRACT \ \ w / (CM) TX— TARR— FIR AP -- 014.00_015.00_016.00_017.00 \ \ % VOL 9458 PG 538 (rR w7j 2N 2w 2AJ} BASIS OF BEARINGS f S89 24'40'W POINT OF JDAN STANLEY I BEGINNING TRACT TX -' ARR -FRAP- 019.07 - 020.0}.01 ` VOL 12980 PG 416 f7R 2A .Ar) y Rio �� CIRCLE T GIRL SGOt1T COUNCIL ..:................... TRACT TX- TARR -FRAP- 019.60_020.00 PAUL E. MANNEL VOL 4688 PG 374 ••• 5533 � (TR .3E 2A5) FOUND IRON ROD W/YELLOW PLASTIC CAP * FOUND 1/2' IRON ROD (CM) CONTROL MGMUENT (ASSE'S " DATA) APPR010MA1E ABSTRACT UNE COMBINED SCALE FACTOR: 1.000147269 V:/52871\ACnV 187107355 \0 RAW NG121G-rRAP\E7NSTS /07355V- 219- EXHIBT- 014- 00 -OWC LICEIISEO AREA 31,581 SF O.71S AC TEMP. NK]RK5PACE N/A N/A AOO'L WORKSPACE N N/A awawr�a� o w a DOWNTOWN DESIGN SERVICES, 1NC. 9hntacConauWnpInc. um Z 14 W 1. e1ur n 1 r.7.l77.1910 r wlsss.laae TEXAS MIDSTREAM GAS SERVICES PROPOSM PIFUJRE CRCSSNG TRACT TX— TARR —FRAP- 014,00 - 15.00 - }16.00 117.0 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS 20' LICENSED AREA FOSSIL RIDGE TO ARC PARK A= EMMEM A -1 t 0 OP T� SJiIA 11/06/Oa clrr• I' -200' REYW EAM09 CHED® PEW 11/1o/05 PRA 0 100' 200' MR M rxNSEn wror[x t N NO5 PL42D LOCATION CF EAST" HUM �,ION APRKM By S71EET 3 OF* EXHIBIT "A" DESCRIPI]Qh OF UCENSEr) AREA A 20 --FOOT LJCENSED AREA ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 9458 AT PAGE 538 AND ACROSS A 10 -FOOT SANITARY SEWER EASEMENT DESCRIBED IN VOLUME 6729 AT PAGE 240 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE SARAH SAWYER SURVEY, ABSTRACT 1425, ALSO IN THE WILLIAM A TRIMBLE SURVEY, ABSTRACT 1520, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY BOUNDARY CF SAID PARCEL FROM WHICH A FOUND 1/2' IRON ROD BEARS N47'20'41 "E 277.93 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY S89'24'40'W 21,11 FEET; THENCE N19'6'10'W 1554.90 FEET TO THE NORTHERLY BOUNDARY OF SAID PARCEL FROM WHICH A FOUND IRON ROD WITH A YELLOW PLASTIC CAP BEARS S72 942.04 FEET; THENCE ALONG SAID NORTHERLY BOUNDARY N72'10'00'E 20.01 FEET; THENCE $19'18'10'E 1581.15 FEET TO THE POINT OF BEGINNING; CONTAINING 31,161 SQUARE FEET OR 0.715 ACRES, MORE OR LESS BASIS OF BEARING: THE SOUTHERLY LINE OF THE PARCEL DESCRIBED IN VOLUME 94M PAGE 538 OF THE TARRANT COUNTY RECORDS SEARS 589^24'40 "W (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE, SURVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE PROPERTY DESCRIPTION WAS PREPARED FROM PUBUG RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME 15 TRUE AND CORRECT. SEE SHEET 2 FOR EASEMENT INFORMATION DON KMM DESIGN SERVICES, INC, Stantac ConaulNng ins. mmSr L-wam PL 'NwV, TR 79140 TR. 917.M 1110 F— n7� , m "...mnavawn DATE OF SURVEY: 07/12/07 - 05/23/09 PAUL E. MANNEL N0. 5533 FSJGNATURE: O e %' RfQ�iP DATE O / L " AND 7 �SU p RVEYOR . " PALIL......ANNEL � FOUND IRON ROD W/YELLOW % 5533 ; ��� PLASTIC CAP FOUND 1/2 ROD REKSED EAMENT (CM) CONTROL MONUMENT RE]I (ASS1ESSOn airy SHEET 4 OF 4 - -- -- - - APFROMATE ABSTRACT LINE V: \ 520711, AGTIVEI�187t07355\ QR ANN G \219—FRAP\EXHP&TS\07358V -21 D —EXHI BT— 014.00,DNG SEE SHEET 2 FOR EASEMENT INFORMATION DON KMM DESIGN SERVICES, INC, Stantac ConaulNng ins. mmSr L-wam PL 'NwV, TR 79140 TR. 917.M 1110 F— n7� , m "...mnavawn TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELNE CROSSNG TRACT 7X- TARR -FRAP- 014.00 - 015.00- 618.DO -017 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS DESCRIPTION FOSSIL RIDGE TO ARC PARK AOOED STS A -1 R 9 ORA11R SJTW 111b9106 $CA'LE: t' -2W REKSED EAMENT owe m RE]I 11/fO SHEET 4 OF 4 AENSED AOJCIHFR C1R NCB '"GE.t REVISED LMATM OF EA$E 917 SE04H Edi AlTM ay AAM EXHIBIT "A--1" oL*JXW LOCH 34 VOL W5­50 POW CPO MAMON0 OAKS LP (&m+ ow) TRACT TXTARR- TRAP- 0n.00_W.00 35 INSTR+ D20341143O (M ZA1 V) LO B AKER OT 35 30A RIC1LAND HILLS 37A VOL 37e WIEST 3 113 xrsr,� Dswa35lsa 4V HYX DRrvE NoWrH SOS RC 3 z 1 + LICENSED PROPERTY ° a THAT MUST BE BORES} e CITY OF NORTH RICHU ND HILLS ! ROOM TRACT R STEP ENS TX- TA FR AP- 02E.0D- 029.00 1Q IN TRACTS ONE & TWO VOL 033(1 PC 7! t1 HILLS VIEW SEC 3 (1R OC k OV) (W A 4A) 12 VOL 300-70 PO 25 13 14 13 TRACT ONE 1 17 CITY OF NORTH 10 RI134LAND HILLS 1! VOL 14003 PO 144 m a) 20 Y1 22 CITY OF NORTH 23 r�RIC 5143 ! AND PC 30 ?' (m 00) T1N0 24 7[�FiCEF3�f. CITY OF NORTH RK HLMD HILLS CITY of WORTH TX-T01 R BipDVlLLE �� H .S } TRACTS ONE TWO TRACT RKM AND HILLS VOL 0'500 M 7! TA- TARR -FRAP- 031.00 -03200 WEST ADDITION p 1]207317004 VOL 300 -500 PC 41 ,_j /D (nl 11 a ") (snap !furl] (cµ) Comma warUNNT (A200 "f r ATV - - - — APPIlOOI"M A83IWAa 1.104 COMBINED SCALE FACTOR: 1,0001472$9 Ik\520"CTVI5\l M07MNWAWMVt9jRWP p"YSW35.`1 219- EfMY- 026A0_02Y.OG- 7404.DM TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR F TAM - W a IID TRACT T%- TAAR- FRAP- O�LDO- D24.OQ -3A01 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT STATE OF TEXAS EXHIBIT 'A—I FOSSI L RIDGE 10 ARC PARK SJ01 11/!3/0! 9GIF: i' .SOG' DOWMOMIN pE51GN SERVICES, p1C. acalm PRO= rua lip ► /tli 0 13V 300" 509400 cow" Inc. 7m BE L. " ry � M Mtb 7N, �17,x7.1l10 yt ai7a{lifi7 iT A". 0f8CFa-TM S1EET 1 OF i EXHIBIT "A -1" WARREN INN HALTOM CI TY LTD VOL 12247 PO 1318 (in wo) UJANCE PJWE L LOT 2 BLOCK 1 COVIDnIRY PARK ADDITION VOL 308 -164 PO 73 D205373437 (suw mm) 1 -io CITY OF HALTOM C rY TRACT TX- TARR- FRAP- MOD VOL 4046 PG 270 (m 10) CITY OF NORTH RK34LAND HILLS TRACT T74-T QO VOL 946E PG 335 (w pw * xU lo �VB REGIONAL RAIL ROW CO TRACT VOL 6E P8 330 ewl&4) (CIA) CQNM M r OWMINT (ASSMMV DAYA) AAPRWOYAN ANVAM UNE DOWNTOWN DESIGN SERVICES, INC. suntYC I,'.GRnllung In G. 2= SE Lq It Wed% Tx Ina Tot 017.2A{.1910 rte. n7.xu,noo LICENSED PROPERTY THAT MUST BE BORED, I ,s 1 TTQQM OF _w ww PG 217 (w z2 s W) TEXAS MIDSTREAM GAS SERVICES PAGPCsp PWO-WE CRMW TRACT TX- TARR -FRAP- 009.00 -0t 0.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT STATE OF TEAS EXHIBIT I 'A -1` FOSSIL RIDGE TO ARC PARK >-m S,Illt 91�p6/pe SUM f -N/A -u- 0 150` 3O0' sm �ceolt New i or I N 52871 ACTIVE 1571 7355 RARING 219 SEE SHEET FOR EASEMENT INFORMATK)N EXHIBIT "A - f BLOCK 13 ONCOR ELECTRIC --J THAT r4wa1 BE BORED 1 DELIVERY CO LLC TRACT TX --TARR -+RAP- 013.00 VOL 2$88 PG (7R 10) 448 fff �� 3 CITY OF NORTH RICHLAND HLLS LOT 24 BLOCK 1 33 32 IRON WEST ADDITION I 31 A HORSE CAB SL 1837 2 21 VOL 12066 PG 378 30 23 (swi 2131w) 29 1 24 CITY OF NORTH RICHLAND HILLS 25 TRACT TX TARR FRAP- 014.00 - 16.00._016.00_017.00 28 26 VOL 946E PG 63E 27 14 13 M IFI3 2V 211 2A3) , DAVID LEE NCOAVID DAVI MEADOW LAKES TERRY & DELORES NANCY CAB A DTION BROWNING ETUX VOl 1 VOL 7961 PG 1455 (sc ) � (YR rFlaq , JESSIE ZIENER T VOL 7961 PO 1 MEADOMI4AKES OR IMA) CON IMP ASSN VOL 10627 PO 120 DR CHARLES Lee BEVERLY 7Co/F4EJLMER MCCAULEYVOL 7961 PG 1427 G STANLEY (TR IMM) OL 8962 PG 1916 (m 1) NOTE: LICENSED PROPERTY DIAMOND OAKS NORTH ADDITION VOL 388-23 PG 25 (sew fum) DON R * KAY N WATERS ETVX LOT 3R BLOCK 11 FOSSIL CREEK TRAILS VOL 388 -206 PG 62 VOL 8893 PG 1730 (sm 04mo) J -J) -)o L; jL j - 1 £1 A FOSSIL RIDGE A T6 ARC PARK DOMI!' M DMW SERVICES, W pE WN 1 100AM WAM r -3W pcc�o � n�aMn $bmm camufto Inc. vAOSCr 6 150' 300' Ft 4 Low pc Ft r.r. n, new rt X mo lic m ar. s+�aas1ro ""� I1E1 uAie er AM. SFEET i OF 7 CIRCLE T GIRL SCOUT TRACT TX- TARR- FRAP-019.0 VOL 4688 PG (M X ?AS) • -- (CM) C04MM MG A04T (AMOSIMT CATA) — — — T APPRMAIE A337RACT LIK COMBINED SCALE FACTOR: 1.000147269 v: �sseruCn�lano�sslpr tAM a► c+, AI9�RAP1pnIlelrs�maasws +v- �wlar- a�+.vaovc SEE SHEET 2 FOR EASEMENT INFORMATION TEXAS MIDSTREAM GAS SERVICES e 4 T%- TARR- FRAP- 014"5.00 D18.60 0!7 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS EXHIBIT "A -2" DIAMCM LOCH 34 VOL 386-80 PC 88 C" DIAMOND DAM LP ) TRACT 7X TARR- FRAP- 0?2O0 -W.00 M INSTRO 0203411430 M Yi11 i7 aU= 23 LOT 35 38A RICELAND HLI.S = 37s NEST ADDITION 37A VOL 388-8 m 115 "tf DzO4m8930 0w pajo V NYX DRIVE NORTH OW RAW) a 3 1 4 e � 7 6 CITY OF MOM RX LAND HILLS 0 Som iRADT & T g�p - Tx- TARR -FRAP 02&00 -0".OD 10 � 1RACTS ONE a TWO 11 REPLAT OF RICELAND VOL aw PG 70 (w 00 & 0 1 {tar A W 12 VOL X78 K 25 LICENSED PROPERTY 14 THAT MAY BE OPEN 1a TRACT ONE CUT �! 17 CITY OF NORTH 18 RICELAND HILLS 18 VOL 14860 PO 144 (m IQ A 20 21 22 CITY OF NORTH 23 X RI Bp�D PC 59 m 25 24 r1KlE-fifWAlP0&' CITY OF NORTH RICELAND Tx -TARR4 H LLS 4 1� CITY OF NOR ACT RAP -=0I J I�OT'WS TRW *M TRACTS ONE ! T#0 8gp i r ISD LOTS VOL em PO 78 TRACE RI MT AD H BIOS 1x -TARR -TRAP- 031.00- 032.D0 NEST ADDITION ROW DW3476O4 VOL M -180 PC 41 1- ►! Its m t. A ") I 'm /e"mj (CM) ooNmm umLw J7r CAW - - -- � AMOMM LM COMBINED SCALE FACTOR: 1.800147269 r, �s2oar�ACttave� tar m3sstpaz► wHC�: s, �,+ a�xH+ enslu�sr�s�- z +e- Qnuar- oaa.ao..oay.00�o.m.awc TEXAS EAIQSTREAM GAS SERVICES SEE SHEET 2 FOR N prosar+c EASEMENT INFORMATIO T7 [- TARR- FRAF'- 02A00- 829.04 -30.UI CITY OF NORTH M04LAND HILLS COUNTY OF TAWW STATE OF TEXAS PEW� oowwm DESION SFRVICEB, SIG j qv mm 9C CanwMnp Inc. PnfeVl PL wow nc mw UL 91112naao ►p. g7.7!?1 9M4C ...:.+..m. som"on cue r.aar 0 150' 300' SHEET i OF i I .. .._.. _ -.. ....... _._._ ..................... _.............. __.. �_._ �. _._�,..K......- ........ ..,_.,----- TRACT ONE N25 CITY OF NORTH VOL 1405 PC 41 ! CITY CF NORTH HILLS 3143 PO 59 (m ee) rJ[- 211.21ENWIMPO W C17Y OF NORTH RICHLAND MILS CITY OF NORTH TRACT 1X- TAM- FRAP"030.OI j eRDVNJ.E ISD ROU HILL$ TRACTS ONE TWO TRACT RICHLAND HILLS VOL am PC 79 TX_TARR -FRAP - 031.00- 032.OD VIEST ADDITION ( +A1 INS1R/ D207307W VOL 3!8-180 PO 41 -11 Id (nr & r C mm paao) J (CM) CWTFNX uawww EXHIBIT "B" v: �axe�, �cm[ �iarn�aal► �nruwwslZ+ o�ner��T S�o�assv- mv- cwref- axaoo_o2n.vo�w.m.owc DIAMOND LOCH 34 VM M-50 PC 8$ CPO DIAMOND OAKS LP "40 TRACT 7x- TARR- FRAP- OZLOO -=.00 33 0203411430 KM BA 2 tme BLM 23 Ig EASEMENT INFORMATION 3a 30A MCHJWD MIS WEST 35E4 37A VOL Pa 113 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT.'STATE OF TEAS T WTI 0204335M N (9w P#I-V) 3O' Ri NYX DRIVE NORTH 0 Q/� FOSSIL RIDGE A TO ARC PARK M s 20' PIPELINE 1 2 4 CORRIDOR am. „ ns/aa $0,ae 1• - aac 5 6 7 m 104A6 a awdw idno Inc. CITY OF NORTH RICHLANO HILLS 9 tg K gI� TRACT Tx- TARR�-FRAP- O2&OO -O20.DO 1a TRACTS ONE R M 11 R FPLA T OF R ICNLAND DY071w1 VOL 8M PC 7s 9>�e ""'°". KY. (M 4 12 VOL 338-78 PG 23 I AM. Dexiol a iSM POW 13 14 43 TRACT ONE N25 CITY OF NORTH VOL 1405 PC 41 ! CITY CF NORTH HILLS 3143 PO 59 (m ee) rJ[- 211.21ENWIMPO W C17Y OF NORTH RICHLAND MILS CITY OF NORTH TRACT 1X- TAM- FRAP"030.OI j eRDVNJ.E ISD ROU HILL$ TRACTS ONE TWO TRACT RICHLAND HILLS VOL am PC 79 TX_TARR -FRAP - 031.00- 032.OD VIEST ADDITION ( +A1 INS1R/ D207307W VOL 3!8-180 PO 41 -11 Id (nr & r C mm paao) J (CM) CWTFNX uawww t w {ors DA --- _ - - — APPR=WAtE ABM4= UNE COMBINED SCALE FACTOR - 1.000147268 v: �axe�, �cm[ �iarn�aal► �nruwwslZ+ o�ner��T S�o�assv- mv- cwref- axaoo_o2n.vo�w.m.owc TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR TAARR-F � TRACT T1[ -TARR -€TIFF- 628.00- 629.00. 30.01 EASEMENT INFORMATION CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT.'STATE OF TEAS T 0 Q/� FOSSIL RIDGE A TO ARC PARK °"""" am. „ ns/aa $0,ae 1• - aac DGWNTOWN DEWN SERVICES, W. ammm , w m 104A6 6 15V 300' awdw idno Inc. � Crm 'l > i r%mmom""! 9>�e ""'°". KY. I WE I eY I AM. Dexiol a " SHM t of e E X HIUIT 7' CITY OF HALTOM CITY TRACT TX— TARR— MW — OO&O0 VOL4M PG2" rm 10 WARM INN H&MM CITY LTD VOL 12247 PO 1315 (w YIN) COVENTRY PARK ADDMON VOL 3Da -1a4 PQ 73 D2OBUMV MAW mm �:. If I DO1yNT0'NIN DESIGN SE MM. INC. g �I p arrt.a CamuMlr� Mw. R ° w n iOBP t xuo 0 u H7MM010 ri 017-MIM TRCIITYY OF OM SLAW X 00 VOL 1W PG rm ims * m lol o REGIONAL RAIL Row oD TRACT VOL 8a PG = (m2R1) Mj ColrFROL WHAAEMT VATA) • - APPROWAIE ABSTRACT LK AWW OHM A-1 k 0 II WW CASSIDIT CHANOW ENT WM OESID0 011 v rGo��� 20' PIPEL CORRIDOR Pr CITY i E "W OM CITY PG Sit? {7R 2M R AI} 8 IV ,,�� x► s COMBINED SCALE FACTORS- ODO147259 TEXAS MIDSTREAM GAS SERVICES FROMM rlpaW CKSM TRACT TX— TARR— FRAP— O09.OD- 010.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT. STATE OF TEXAS EXHIBIT V FOSSIL RIDGE TO ARC PARK >1my &ft 11/a6/b0 WALL r -!I /A fff reu 11/a0/G6 llq o= D Y50' 30O' Ec>� 1 -H -.a i EXHIBIT RON ADDITION ] 31 32 CAB A SL 1837 J VOL 12056 PG 378 1 30 (St+9D� 20160) 29 1 CITY OF NORTH RICHLAND BILLS TRACT TX- TARR-- FRAP - 014.00 015.00..016.00 -17.00 28 27 26 VOL 9458 PG 538 (AP 1AT3 2N 2W 2AJ) � MEADOW LAKES - DAVID LEE ETUX NANCY CAB A SL 32 VOL 7961 PG 1455 OR 1 21E VOL 7 PC EST VOL 7961 PG 1 (M MIA) 7 1 { CHARLES L & 0 2 BEVERLY VOL 7961 PG 3 1427 4 ELMER G STANLEY (m or lm) VOL 8962 CPC 1916 OR U DON R & KAY H DIAMOND OAKS NORTH WATERS ETUX ADDITION LOT 3R BLOCK t1 VOL 368 -23 PG 25 FOSSIL CREEK TRAILS (sm P870) VOL 388 -205 PG 62 VOL 8893 PG 1730 (sm A0450) �I 14 13� TERRY Ac DELORES BROWNING ETUX VOL 13426 PG 183 (n+ 2S2A) MEADOWLAKES COM IMP ASSN VOL 10827 PG 120 CIRCLE T GIRL SCOUT CC TRACT TX- TARR- FRAP-- 019.00 t VOL 4658 PG 374 (M 3E 2A5) (CM) CONTROL MONAOn (ASSMO s DAKV _..._ APPROMME AIII51RACT UNE COMBINED SCALE FACTOR 1.000147269 N \5287E\ACTM\i$7107356\DRAw4o\21 V -21 O- EMST- 01 4.MDWC 20' PIPELINE CORRIDOR BLOCK TEXAS MIDSTREAM GAS SERVICES 13 ONCOR ELECTRIC 1 DELIVERY CO LLC ; TRACT TX -T� 2868 PO 449 $ 36 3 (W 1n) PROPOSED PIUK ORossm TRACT TX- 7ARR- FRA"t0D- %&0D- M&00 -07. EASEMENT INFORHIATION R 35 — CITY OF NORTH RICHLAND HILLS RON ADDITION ] 31 32 CAB A SL 1837 J VOL 12056 PG 378 1 30 (St+9D� 20160) 29 1 CITY OF NORTH RICHLAND BILLS TRACT TX- TARR-- FRAP - 014.00 015.00..016.00 -17.00 28 27 26 VOL 9458 PG 538 (AP 1AT3 2N 2W 2AJ) � MEADOW LAKES - DAVID LEE ETUX NANCY CAB A SL 32 VOL 7961 PG 1455 OR 1 21E VOL 7 PC EST VOL 7961 PG 1 (M MIA) 7 1 { CHARLES L & 0 2 BEVERLY VOL 7961 PG 3 1427 4 ELMER G STANLEY (m or lm) VOL 8962 CPC 1916 OR U DON R & KAY H DIAMOND OAKS NORTH WATERS ETUX ADDITION LOT 3R BLOCK t1 VOL 368 -23 PG 25 FOSSIL CREEK TRAILS (sm P870) VOL 388 -205 PG 62 VOL 8893 PG 1730 (sm A0450) �I 14 13� TERRY Ac DELORES BROWNING ETUX VOL 13426 PG 183 (n+ 2S2A) MEADOWLAKES COM IMP ASSN VOL 10827 PG 120 CIRCLE T GIRL SCOUT CC TRACT TX- TARR- FRAP-- 019.00 t VOL 4658 PG 374 (M 3E 2A5) (CM) CONTROL MONAOn (ASSMO s DAKV _..._ APPROMME AIII51RACT UNE COMBINED SCALE FACTOR 1.000147269 N \5287E\ACTM\i$7107356\DRAw4o\21 V -21 O- EMST- 01 4.MDWC TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR PROPOSED PIUK ORossm TRACT TX- 7ARR- FRA"t0D- %&0D- M&00 -07. EASEMENT INFORHIATION CITY OF NORTH RICHI -AND HILLS COUNTY OF TARRANT, STATE OF TEXAS RC FOSSIL RKM TO PARK D0IVNTbMM1 DES= SERVICES. W. °RA"W sen 77/4Y/00 scAac ,' - w Ca1uu1 CHO= POD= AOI 11 /ra/oe D 1 50 , 3w R allp TX la 0 ft� pirl"Ls"a n *Aowum wClltlll WLw :1dEET 1 or t Am uw BY APP. wnwm J - Il -1G POINT of BEGINNING EXHIBIT " " ----- - - - - -- I LSBFM'WW 328.08 N69'26'49'E 1 3D' SANITARY S 20.41 A j 1 1 EASEMENT f VOL 7168 PG 986 ONYX DRIVE NORTH (SW ROW) 1 SANITA EASEMENT I t SANITARY & VOL 5521 PG 562 r1 ; VOL �EA S�SY s +1 1 2 4 f rl 20' TEMPORARY M c WORKSPACE 3 17,073 SFt 0.392 AC* 11 1 I $ 0 �► 1 1 i 7 f 1 I f 1 I 8 t 41 ff t I 9 I f y I HILLS Y E I D SEC 3 A � VOL 368-78 PG 25 f I Iq (sm f f i � 1 qi 12 i>3 I I 13 S82'41'16"W i 20.07 I I 14 f TRACT ONE S I 20' LICENSED —All q 15 AREA NO. 1 f 18 CITY OF NORTH RICHLANO HILLS 1 30' SANITARY ELiENT TRACT TX- »TARR -FRAP- 02800- 029.00 EASEMENT f f 1 EAS MEN PG &TX- TAfBt -FRAP- 030.01 1 S TRACTS ONE & TWO f 1 18 VOL 6558 PG 79 (rR 4A) f f 1 S S. ELEC EASEMENT y 4I VOL 3085 PG 373 i 4 I 1 a I 22 ADDITIONAL 1 j j 21 WORKSPACE f q 23 ND. 1 I tEAODITId!'IAL f j WORK PA TRACT 25 I 1 -- — T>_ 24 t OMM DRIVII 4OUTH (DO' ROW) a � a1 � e `-' (CAI) OONTIUL MONLIAIEW (ASHY A4Ti) __.. APPRMATE A110RAM LK COMBINED SCALE FACTOR: 1.000147269 w \=r \AkgYE11071 WWc\21v-FRAP\PHMIS\0 73asv-21s- E)MOT- aaaM-020.00- ,3&0f.Dwa SEE SHEET 2 FOR EASEMENT INFORMATION t7 'iv/10 in PM AM Elton A4' a s ° TEXAS MIDSTREAM GAS SERVICES 10 lzl" JIY I "m K1tl® TAM MO B UA410 JIM PEN Wdo Eoam OPOSED � PIPEI>f1E TRACT Tlf- TAFiR- FRAP- 018.00- 029.00 -30.0f CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEAS WORKSPACE FOSSIL ROW TO ARC PARK B oB/IvIaB JIP lalam Fp w TOES t too m ©� a. DOWNTOWN QESlGDI SERVO= INC. 7 JV rMl Nf1e�n �uomaNAL rof mNa a AP � A{1Mm AW=OL NgBW= ° lbM x= Jw VMiD �InaUNA NdWAM Env" BY um 11/la/ae WAM r . for wlSEe 1 CauuMAq Ina 2 11w W FL 1Yw FL 41, 7K " 7wq Tk 417 0 Fm B1731.1= wwmwrft 4 1ZAID/W 4w. SA WASED E450A Y LogAll 1R PEM 11/14/0 4 100' 200' SHEU k OF2 3 11/,W W sm SA K FA$Deff =IN PRO= $ 11/W7 Pw Jam mm ACJOm cm NOS ME'm HEY. "It BY APP, 092007011 EXHIBIT "(Q" 20' LICENSED----'ti 1 1 I1 1 CITY OF NOR RICHL, HILLS N89'41'39 'E 82.78' AREA ND. 1 1 REPLAT OF RICHLAND j G►'• L 20' TEMPORARY WORKSPACE t '{ 1 H WEST SEG 3 VOL ILLS 388-78 PG 25J �L l N82'47'16"E Ik (svBO �cTS,ao) 30' SANITARY EASEMENT p uF t� gi 30.10' l ;l 0 -'—VOL 7168 PG 966 RICHLAND HILLS l 1 12 - m VOL 3085 PG 373 p h7 � W *� M W 13 �— V 388- 180DPG 4I AREA NO. 2 BIROVILLE ISO � TRACT ONE K) � 14 `) ADDITIONAL � WCRKSPACE NO. 2 INSTR# 0207397604 NOO'02'40 'E 118.15' l 66,225 SFf AP SA 1.520 AC* CITY OF NORTH RICHLAND HILLS y 16 7 TRACT TX- TARR -FRAP- 028.00 - 029.00 } L j l. Jlm TRACT'S ONE k TWO a 03M VOL 5558 PG 79 .!7R 4A, 11 JIM M ftN= AMM01, WMEPACE 589'41'39 'W 20.00' 15 8' ELEC. EASEMENT N89'56'48'E} mrnPoE VOL 3085 PG 373 22.76' I # I W 19 s.rru rr1r }, 4 — ADDITIONAL WORKSPACE NO. 1 �1 ° 20 1 �I 6,491 SF;t 0.149 ACt 12 } 100' 200' SHEET 2 OF 2 22 N0118'02 "W 169.51' } �yl N 21 l Sll'40'30"E 169.73' 1 � 1 N0002'40 E 529'15'45 "E 34,29' SOO'02'40 'W 2.99 mW't7 AWMEA cm X06 4.92 25 POINT OF BEGINNING } N59'41'39 'E TRACT 589'41'39 'W 53.26'1 1 24 ONYX DRIVE SOUTH 5D' RQ rcaw now t r .�w L 1 IC JJ �• •• W) POINT OF BEGINNIN BEGINNIN CITY OF NOR RICHL, HILLS N89'41'39 'E 82.78' 9 SOO'28'11 "E 117.93' 3D'19'W 118.52' TA TRACT TX- TARR- FRAP -- 030.01 N00 1 ADDIi ONAL WORKSPACE NO. 4. TRACTS ONE & TWO SOO'02'40 "W 118.38' 7 6 1 SF� 0.306 ACt 1 VOL 8558 PG 79 (TR 4A) - --- -- --------------- - - - -- - - - - _------ ADDITIONAL WORKSPACE NO. 3 CITY OF NORTH 8' ELECTRIC 9,738 SFt 0.224 ACt RICHLAND HILLS EASEMENT S8930'14'W 81.65' LOTS 3 -7 RICHLAND VOL 3085 PG 373 SEE SHEET 2 FOR EASEMENT INFORMATION 20' LICENSED V 388- 180DPG 4I AREA NO. 2 BIROVILLE ISO !sveo W1�) TRACT TX- TARR -FRAP- 031.00 -- 032.00 SB9'30'14'W 113.41' INSTR# 0207397604 NOO'02'40 'E 118.15' l (rn 1, a C -8) AP I -))-)b FG BASS OF BEARING: THE NORTHERLY LINE OF THE PARCEL DESCRIBED AS TRACT ONE IN VOLUME NUMBER 6558 PAGE 79 OF THE TARRANT COUNTY RECORDS BEARS • AUR N89'28'49 "E (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE. P E IIANNEL ..�. � 5533 ...... �. J (GM) CONTROL WONULiENT (AS2S5YAPS VATA) -- - - - APPROARATE ABSTRACT UNE COMBINED SCALE FACTOR: 1.D00147269 N.\ 52871 / ACTIVE1 197107M5 /DRAWNG/217-5 BITS\07M V- 214- EXHIBT- 029.00...027.00 3(7. D,.Owo 11 ilwoo im PEm AMC 07fR A -1, �. + e TEXAS MIDSTREAM GAS SERVICES 1D 12130/ N61 PEN "ems TEACr Xo SEE SHEET 2 FOR EASEMENT INFORMATION + ++11/04/M o Jtm PDA pEmsEn WOOT PROPOSED PIP CR059RG TRACT TX- TARR - FRAP- 02- a00- 029.00 -30.01 8 05/19/06 AP SA WMD DMl AIM + AM AM CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS ADDITIONAL WORKSPACE 7 m/00 JARP Jlm A9119m ADWMNA� WMSPACe a 03M JIM M ftN= AMM01, WMEPACE FOSSIL RIDGE TO ARC PARK DOWNTOWN DESIGN SEHVICE.S, INC. a mrnPoE .,ss AW raffia A WMAL WMWAOE Da'�+ by s.rru rr1r SCALD r - 2m' 4 — Om sA wSEn EAST i=T"S MMED Dy T 3'ECfiow APM''CD PEY 100' 200' SHEET 2 OF 2 mw c Con�uktlnp Inc. SE lam - uep 76$ T 'w1 TX 765 V1 it e,7�43., 910 126/07 SWD SA REVsn laaimer ro ] 311111 11/02/07 POJ Jim mW't7 AWMEA cm X06 OATS I BY I APP. D�aPnCX Exhibit „®" w P P A I P A I R OE A N A L N 5 I 66" YELLOW DRV WITH DECAL ON E EACH SIDE OF BLACK �«. MARKER ON WHITE L I S N' N G mcnse on WdEROWCY ew 1 -800- 566 -9306 A s Chesapeake raesrarr®rrr �ooamnrrcawnermuwwuer AKMWM OWDE FCRQM AND t e x s MIDSTREAM .A8 8I°.RVICE8 DRV COMPOSITE MARKER REV. DATE BY DESCRIPTION CHK PROJECT NO. DRAWN B r: Ras! DATE: 1-14-08 DWG. I`fC1. CHECKED BY: DATE: STD -P- 0100 -A205 I:EV, SCALE_ NONE APP.: NUP: ANG&J. - P-I Fri r:." Ijo-Y Exhibit "E" P A 11. Ce'01"N ER PO"i� F' i .. ...... ... .. fA f �P E D D F V E'l Nil) S rT ON 0 - OTH 7 - a TYR RAIL ELEVATION .,. .- .J ............._.._...�M. -... .-.. �......, _1 s�� _ .- ems....- ...�__._.... �.�.. — .__... -...� LOCIMST PIN (I YF) Jrj5R U_po- t I I COMPAC' FEI_) YABRICATED BACK F I L NOTE. PRL Pos TS I R A I L S R I PER SJ PINri 1:,- T.7- 7 —,.i '0:. CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: John Pitstick Council Meeting Date: 8 -23 -2010 Agenda No. F.2 Subject: GN 2010 -063 License Agreements with Texas Midstream Gas Services Company for gas pipelines in Horne Town Lakes Park, Walker's Creek Park, Dick Faram Park, Amundson Water Tower and Iron Horse Golf Course north of Loop 820 Summary This item is being brought forward for approval of non - exclusive license agreements with Texas Midstream Gas Services Company for subsurface gas pipelines in Home Town Lakes Park, Walker's Creek Park, Dick Faram Park, Amundson Water Tower and Iron Horse Golf Course north of Loop 820. General Description Texas Midstream Gas Services Company (TMSG) is requesting approval to construct a series of gas pipelines 24 inches and smaller to connect to existing gas well sites. The City has previously approved pipeline license agreements with Enterprise Texas and Texas Midstream for Fossil Creek Park and Iron Horse Golf Course south of Loop 820. Agreements are now being requested for pipeline crossings at Home Town Lakes Park, Walker's Creek Park, Dick Faram Park, Amundson Water Tower and Iron Horse Golf Course north of Loop 820. Staff is following the same agreement form and fees, with the exception of allowing a longer timeframe for completion of installation. Previously, agreements required completion within 6 months. Because of the number of city properties included in this agreement and a need to also secure some private agreements for these pipelines, Texas Midstream is requesting 9 months to complete installation. Texas Midstream has said that any one tract would not have interruptions more than 90 days. However, because of the reasons mentioned above, TMGS is requesting that all pipeline sections be completed by May 20, 2011. All city properties will be bored using horizontal directional drilling. All license agreements with Texas Midstream are for a 20 -year timeframe. License fees include $2.25 per square foot of permanent licensed area which includes a 20 -foot wide easement. The license fees also include $1.00 per square foot for all temporary work spaces. Total fees for each site are as follows: Home Town Lakes Park $93,207.75 Walker's Creek Park $48,209.75 Dick Faram Park $174,738.25 Amundson Water Tower $13,506.75 Iron Horse Golf Course north of Loop 820 $39,586.50 Total pipeline license fees equal $369,249.00. All agreements are non - exclusive license agreements allowing the city continued use of the property. A $50,000 bond is required for all agreements to guarantee restoration of properties. A $5,000,000 general liability insurance policy is required for all agreements and an indemnity statement is included in the agreement. The pipeline must be installed within 9 months, or no later than May 20, 2011, or these agreements shall automatically terminate. There is also a requirement in the agreement for the City to give the licensee 180 days notice to remove or relocate pipeline facilities due to excavation or grading as a result of planned public improvements in conflict with the pipeline. An additional 180 days are allowed for licensee to relocate necessary pipelines. 24 hour pressure monitoring is required and only the transmission of oil, gas and petroleum products is allowed. Staff has worked with Texas Midstream for several months. No operations will be disrupted through Iron Horse Golf Course, Walker Creek Park and Amundson Water Tower site because horizontal directional boring will be used. There will be some minor work space and interruptions at the Horne Town Lakes Park and Dick Faram Park site to allow for pulling the pipelines. Staff has included a copy of the proposed license with the fees for each separate site. A city map is also included showing gas pipeline alignments. City Staff will also be approving separate right of way crossing agreements for gas pipelines that cross city streets. The City has no real control over pipeline alignments. The state has generally ruled that gas pipeline companies have the same rights as utility companies with condemnation powers. However, staff has worked with Texas Midstream to seek routes that are generally away from residential neighborhoods and do not interfere with prime commercial sites. Representatives from Texas Midstream will be available at the meeting to answer any questions. Recommendation Approval of gas pipeline license agreements with Texas Midstream Gas Services Company for Home Town Lakes Park, Walker's Creek Park, Dick Faram Park, Amundson Water Tower and Iron Horse Golf Course north of Loop 820. Diagram of Gas Well sites and proposed pipelines in NRH Legend Proposed Texas Midstream Pipelines Proposed Enterprise Pipallne Existing Pipelines A Existing Vikll Sites Proposed Well Sites Proposed Well Site Areas Pa St— Rud H—R Graham Pad EAWW Pad ............ I— Flu- S" I AL TCC D N orM P.d A TccD SZh Pad ruRUraao LOOP 820 4 i PIPELINE ` Proposed heat SA. Hi rdAle 13D Pd "/,—P Proposed & Existing �.__.�� Gas Well Sites and Gathering Lines Home Town Lakes Park IMM Walker's Creek Park iltffnet (I rten renG n]) ki0o9b Dick Faram Park [_ ![en renahh] Amundson Water Tower !(lmom —Anh a *;=% - ", Iron Horse Golf Course (north of Loop 820) NRH STATE OF TEXAS § COUNTY OF TARRANT § HOME TOWN LAKES PARK, WALKER'S CREEK PARK, DICK FARAM PARK, AMUNDSON WATER TOWER & IRON HORSE GOLF COURSE I Is] 4 I'll f1=V_1 ;JI44d,14►Ik� This License Agreement ( "Agreement ") is hereby made and entered into by and between the City of North Richland Hills, Texas (the "City "), a home rule municipality created in accordance with Chapter 9 of the Texas Local Government Code, and Texas Midstream Gas Services, L.L.C. ( "Licensee "), an Oklahoma limited liability company. WHEREAS, Licensee desires, at its sole cost and expense, to construct, operate and maintain one buried natural gas pipeline across and under certain real property owned by the City, which consists of separate tracts described in Exhibit "A" attached; WHEREAS, under the conditions and restrictions hereinafter set forth, the exercise by Licensee of the rights granted herein will not be incompatible with the requirements of the City for the use, operation and maintenance of such real property for public utility and other municipal purposes; and WHEREAS, the granting of such license to Licensee is subject to the continuing use of the land by the City at all times for public utility and other municipal purposes. NOW THEREFORE, the parties hereto agree as follows: I . Grant of License. The City, to the extent of its interest therein, hereby grants to Licensee, for a period of twenty (20) years from the date hereof, a license to construct, operate and maintain one (1) buried 24 inch diameter or smaller natural gas pipeline under and across a twenty foot (20') wide portion of the City's real property (the "Property ") at the locations shown on Exhibit "A" which is attached hereto and made a part hereof by reference, subject to termination as herein provided. Licensee shall erect, install, construct, repair, replace and maintain the Pipeline Facilities pursuant to the rules and regulations promulgated by the U.S. Department of Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations Title 49, Part 192, as adopted and modified by the Railroad Commission of Texas. Licensee shall be required to direct bore or horizontal directional drill (HDD) all property shown on Exhibit "A ". Licensee's pipeline shall be confined to and must not deviate from a corridor designated by the City across the Property, no greater than twenty (20) feet in width (the "Pipeline Corridor"). Notwithstanding the foregoing, Licensee expressly consents to the installation of additional pipelines, not owned by Licensee, within the Pipeline Corridor. Notwithstanding the foregoing, Licensee's consent in this regard does not constitute a waiver of any rights or legal recourse as against any third party. These rights are granted and accepted subject to the following: (a) any valid and enforceable restrictions, covenants, conditions, encumbrances (except liens), reservations, easements, and other exceptions to title, if any, relating to the Property, shown of record in the hereinabove mentioned County and State, (b) all valid and enforceable zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, relating to the same; and (c) to all matters which would be revealed by an inspection and /or a current survey of the Property. The Licensee acknowledges and agrees that this Agreement only allows the transportation of oil, gas, petroleum products, or any other liquids or gases (including inert gases) that constitute oil, gas or petroleum byproducts, with the exception of salt water or any substance containing salt water, through the City and does not allow the Licensee to distribute, sell or otherwise provide oil, gas or petroleum products to any customer in the City. This license does not constitute a utility franchise. 2. License Non - Exclusive. The license granted herein shall be nonexclusive and the City reserves the right to grant other rights and licenses across, over and under the Property to such other persons that the City deems proper. It is expressly understood that the City does not purport, by this Agreement to grant Licensee any right, title, claim or easement in or upon the Property shown on Exhibit "A" to this Agreement except for a license as that term is used in real property law. 3. Police Power of the City. The Licensee shall at all times during the term of this Agreement be subject to the lawful exercise of the police power by the City. 4. Other Permits. a. This Agreement does not relieve the Licensee of any obligation to obtain permits, license and other approvals from the City or other regulatory agencies necessary for the construction, installation, maintenance or repair of the Licensee's pipeline or the transportation of oil, gas or petroleum products through such pipeline. b. Licensee shall not initiate any kind of construction, installation, maintenance, repairs or other work that requires excavation on the Property and /or temporary workspace until the Licensee first obtains the necessary permits from the City of North Richland Hills. 5. Fees. a. On or prior to the date of the execution of this Agreement, Licensee shall pay the City, as compensation for its use of the Property described as Exhibit "A" and the rights herein granted, the sum of $2.25 per each square foot of area licensed to Licensee excluding temporary workspace being: (Home Town Lakes Park Total Fees = $93,207.75) 38,319 square feet the total sum of which amounts to $86,217.75 Dollars. b. O or prior to the date of the execution of this Agreement, Licensee shall pay the City the sum of $1.00 per each square foot of area of temporary workspace licensed to Licensee, as described in Exhibit "B" hereto, being 6,990 square feet the total sum of which amounts to $6,990.00 Dollars. (Walker Creek Park Total Fees = $48,209.75) 14,591 square feet the total sum of which amounts to $32,829.75 Dollars. b. On or prior to the date of the execution of this Agreement, Licensee shall pay the City the sum of $1.00 per each square foot of area of temporary workspace licensed to Licensee, as described in Exhibit "B" hereto, being 15,380 square feet the total sum of which amounts to $15,380.00 Dollars. (Dick Faram Park Total Fees = $174,738.25) 21,373 square feet the total sum of which amounts to $48,089.25 Dollars. b. O or prior to the date of the execution of this Agreement, Licensee shall pay the City the sum of $1.00 per each square foot of area of temporary workspace licensed to Licensee, as described in Exhibit "B" hereto, being 126,649 square feet the total sum of which amounts to $126,649.00 Dollars. (Amundson Water Tower Total Fees = $13,506.75) 6,003 square feet the total sum of which amounts to $13,506.75 (Iron Horse Golf Course north of Loop 820 Total Fees = $39,586.50) 17,594 square feet the total sum of which amounts to $39,586.50 Dollars. The sum total shall hereafter be referred to as the "License Fee ". 6. Time of Construction. Construction shall be accomplished by Licensee at such time or times as will not unduly interfere with the City's use of the Property and/or temporary workspace as determined by the City Public Works Director prior to commencement of construction. Construction may not commence, however, until Licensee presents Licensor with the following information: a. If applicable, written authorization from U.S. Army Corps of Engineers, evidencing no objection to the installation of any portion of the pipeline along the Property which is under U.S. Army Corps of Engineers oversight; b. A description of the final substance to be transported through the pipeline; C. A copy of the substance material safety data sheet (MSDS); d. The maximum allowable operating pressure on the pipeline, along with the Specified Minimum Yield Strength (SMYS) of the pipe; e. Engineering plans showing the horizontal pipeline location, pipeline covering depths, location of the nearest shutoff valves whether on the Property or not, the limits of all workspace areas, and the limits of all tree protection areas; f. Detailed cross section drawings for all public street right- of-way crossings on the Property; g. Methods to be employed to prevent internal and external corrosion of the pipeline; h. Copies of the performance bond and insurance information required herein; and i. An emergency action plan for responding to public emergencies as defined in Section 16 of this Agreement. The plan shall at a minimum provide for: (1) Prompt and effective response to emergencies: a. Leaks or releases that can impact public health, safety or welfare; b. Fire or explosions at or in the vicinity of a pipeline; or C. Natural disasters; (2) Effective means to notify and communicate required and pertinent information to local fire, police, and public officials during an emergency; (3) The availability of personnel, equipment, tools and materials as necessary at the scene of an emergency; (4) Measures to be taken to reduce public exposure to injury and probability of accidental death or dismemberment, (5) Emergency shut down and pressure reduction of the pipeline; (6) The safe restoration of service following an emergency or incident; (7) A follow -up incident investigation to determine the cause of the incident and require the implementation of corrective measures. 7. Bond. Prior to commencement of any work that requires excavation on the Property and/or temporary workspace, Licensee shall deliver to the City a bond executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City in the amount of the cost of the work or Fifty Thousand Dollars ($50,000), whichever is greater, for a period of two years. The bond shall guarantee that Licensee shall (a) restore the surface of the Property and /or temporary workspace where excavation was done, in a satisfactory and workmanlike manner; (b) maintain such restoration work in a state of repair satisfactory to the City following the date of restoration; (c) fully comply with the terms and conditions of this Agreement and the City's ordinances governing excavation on public property, including in public rights -of- way (d) repair, at Licensee's own expense, any damage to roads, streets, utilities or highways caused by the use of heavy vehicles for any activity associated with the operations contemplated herein. 8. As -Built Plans and Drawings. Licensee shall provide the City Public Works Director with as -built plans and drawings of Licensee's pipeline facilities located on the Property within ninety (90) calendar days following the completion of such pipeline facilities. Accuracy of the drawings shall meet a survey level of one foot (1') to fifty thousand feet (50,000'). The drawings shall also be provided in digital file format with the location tied to one (1) nearby GPS (global positioning system), City monument. Licensee shall also provide the City Public Works Director with a map showing proposed transportation route and road for equipment or waste products used or produced by the pipeline operation. 9. Use of the City Property. a. Minimal Interference. Licensee's pipeline facilities shall be installed and maintained in a manner that causes minimal interference with the City's use of the Property and/or temporary workspace for public utility and other municipal purposes. Except in the case of an emergency (as defined in Section 16 of this Agreement), prior to the undertaking of any kind of construction, installation, maintenance, repairs or other work that requires excavation, or other physical use of the Property and/or temporary workspace that involves the use of a motor driven vehicle or motor - operated equipment, Licensee shall provide at least forty -eight (48) hours advance written notice to the City Public Works Director and Parks and Recreation Director. In the case of an emergency (as defined in section 16 of this Agreement) verbal notice shall immediately be provided to the City's Fire Department by dialing 911 and written notice shall be provided to the City Public Works Director and Parks and Recreation Director as soon as practicable thereafter. b. Worksite Regulations. Licensee shall comply with all valid and enforceable applicable rules, regulations and requirements of the City, including, but not limited to, those related to permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time. In addition, during any such work, Licensee shall provide construction and maintenance signs and sufficient barricades at the work site to protect the public. The application of such traffic control devices shall be consistent with the standards and provisions of the Texas Manual on Uniform Traffic Control Devices. Licensee shall utilize appropriate warning lights at all construction and maintenance sites. C. Burial and Marking of Pipeline. Licensee shall bury or cause its pipeline to be buried at least forty -eight inches (48 ") below the finished grade, and not less than twenty -four inches (24 ") below any existing water or wastewater lines located on the Property. Licensee shall place markers for the Pipeline Facilities as required by 49 C.F.R. 192.707 or its successor. Such markers shall include the Licensee's name and a toll -free telephone number of Licensee that a person may call for assistance. The location and appearance of the markers shall be subject to the prior approval of the City and every effort shall be made to avoid placing a pipeline marker in a location that will interfere with the use of the surface of the property for recreational use by the public. (Exhibit "D ", attached hereto, is a to -scale color rendering of the proposed pipeline marker.) In addition, should trenching occur, during backfill of the pipeline excavation, "Buried Pipeline" warning tape shall be buried one foot (1') above the pipeline to warn future excavators of the presence of the pipeline. The pipeline trench shall be "double- ditch" backfilled by replacing the subsoil first compacted to 95% standard density proctor in six inch (6 ") lifts and then replacing the topsoil. Public roads shall be bored; they shall not be open cut. Additionally, a portion of the pipeline shall be bored under the Property. Those portions of the pipeline that are required to be bored are shown on Exhibit "Al" to this Agreement. d. Repairs and Restoration. Licensee at its sole cost and expense shall repair any damage to the Property and surrounding property (including any improvements located thereon) resulting from the Licensee's use of the Property and/or temporary workspace. Licensee at its sole cost and expense, and in a manner approved by the City, promptly restore any portion of the Property and/or temporary workspace that is in any way disturbed or damaged by the construction, operation, maintenance or removal of the pipeline to as good or better a condition as the Property and surrounding property was in immediately prior to the disturbance or damage. Licensee shall diligently commence such restoration within thirty (30) calendar days following the date that the Licensee becomes aware of the disturbance or damage, or if the pipeline is being removed, within thirty (30) calendar days following such removal. e. Prohibited Substances. Licensee shall not use the Property in any manner which violates any federal, state or local law, regulation, rule or ordinance or, except for the right to transport the products defined in this Agreement, constitutes a public or private nuisance, where a nuisance is found by a Court of competent jurisdiction pursuant to a final unappealable decision. Licensee shall not locate, place, generate, store, manufacture, use or dispose of on or about such right of way any chemical, pollutant, toxic substance, hazardous material, waste or other substance that is in violation of any federal, state or local law, regulation, rule or ordinance pertaining to public health, safety or to the protection of conservation of the environment. f. Removal of Waste. Licensee shall remove all waste from installation of the pipeline within thirty (30) calendar days after the completion of installation of that certain segment of the pipeline that crosses the Property, and shall dispose of the same in a manner approved by the City Public Works Director. g. Relocation of Facilities. Licensee, at Licensee's sole cost and expense, shall protect, support, disconnect, relocate or remove from the Property all or any portion of its pipeline facilities when required by the City due to street or other public excavation, construction, repair, grading, regrading or traffic conditions; the installation, lowering, construction or relocation of sewers, drains, water pipes or municipally -owned facilities of any kind; or any type of improvement necessary for the public health, safety or welfare, as determined by the City in its sole discretion. Except in case of an emergency, the City shall give Licensee one hundred and eighty (180) days written notice that Licensee is required to protect, support, disconnect, relocate or remove Licensee's facilities and Licensee shall complete such removal within ninety (90) days thereafter. If Licensee reasonably requires more than ninety (90) days to comply with the City's written request, it shall notify the City's Director of Public Works and Director of Parks and Recreation, in writing, and Licensee shall be entitled to a one -time extension of an additional ninety (90) days. No additional time shall be permitted. h. Revocation, termination or expiration of license. Upon the revocation, termination or expiration without extension or renewal of this Agreement, Licensee's right to use the Property under this Agreement shall cease and Licensee shall immediately discontinue the transportation of oil, gas or petroleum products through the pipeline. Within six (6) months following such revocation, termination or expiration, and if the City requests, Licensee, at Licensee's sole cost and expense, shall remove the pipeline from the Property (or cap the pipeline, if consented to by the City) in accordance with applicable laws and regulations. If the Licensee has not removed the pipeline from the Property (or capped the pipeline, if consented to by the City) within six (6) months following revocation, termination or expiration of this Agreement, the City may deem any portion of the pipeline remaining on the property abandoned, and, at the City's sole option: (1) take possession of and title to the pipeline or (2) take any and all legal action necessary to compel Licensee to remove the pipeline; provided, however, that Licensee may not abandon the pipeline or discontinue its service without approval of the Texas Railroad Commission or its successor agency or any other regulatory authority with such jurisdiction. Operation of Pipeline. All pipeline operations shall be conducted in accordance with the rules of the Texas Railroad Commission and 49 C.F.R. Part 192, practices of a reasonable and prudent operator in the State of Texas and with state and/or federal laws, regulations, rules and requirements. All laws, regulations, rules and requirements regarding protection of the public health, water supply and natural resources shall be strictly followed. Vegetation. In order to minimize erosion and sedimentation resulting from the proposed pipeline installation, the excavated portion of the Property and /or temporary workspace shall be repaired and revegetated in accordance with Texas Department of Transportation Standard Specifications For Construction And Maintenance Of Highways, Streets, And Bridges, Items 160 through 169, as amended, with appropriate watering as required until the revegetated areas are determined to be self- sustaining by the City Parks and Recreation Director. k. Commencement of Installation of Pipeline. Licensee's right to install the pipeline shall automatically terminate upon whichever first occurs: (i) the completion of construction of the pipeline on the Property; or (ii) May 20, 2611. Protection of Public Rights -of -Way. Licensee shall repair damages caused by Licensee or its contractors, subcontractors, employees, and agents, excluding ordinary wear and tear, if any, to roadways that abut the above described property being used by Licensee for the activities contemplated herein. Licensee shall make a videotape of such roadways prior to the start of Licensee's operations contemplated herein and shall provide a copy of the videotape to the City Public Works Director. Licensee shall notify the City Public Works Director when burial of the pipeline is complete so that the City Public Works Director can determine if repairs are required. In connection with its obligation to repair said roadways, Licensee shall use materials of the same or better quality than those utilized to surface and/or repair the roadways prior to execution of this Agreement and in accordance with the City's Public Works Design Manual. Deviation from the materials described herein shall not be permitted without the prior written consent of the City Public Works Director. Repairs shall be completed in accordance with standard engineering practices acceptable to the City. Licensee shall repair the damage to the roadways at its sole cost and expense. M. Surface Use of the Property by City The City shall be able to use the surface of the Property, without notification to the Licensee, for all appropriate municipal purposes including, but not be limited to, soft and hard surface trails, signage, park furniture and other amenities subsequent to the completion of construction and any necessary clean up. n. Heavy Vehicle Traffic. Licensee shall ensure that vehicles weighing over 80,000 Ibs and traveling through residential neighborhoods and public or private parks shall be escorted by a vehicle escort service through such residential neighborhoods, public and private parks and shall not travel in excess of ten (10) miles per hour. Licensee shall not dispose of any salt water in its custody or control within the territorial limits of the City of North Richland Hills p. Pressure Monitoring. Pipelines subject to this Agreement shall be constructed with an automated pressure monitoring system that detects leaks and shuts off any line or any section of line that develops a leak. In lieu of such system, Licensee may have 24 hour pressure monitoring of the pipeline system which provides monitoring of the pipeline within the City limits. Any monitoring system(s) shall be keyed to or required to notify the City's emergency response providers in order to provide them with immediate notice of any leak q. Protection of Trees Licensee agrees to comply with the requirements of Chapter 114, Article II "Trees" of the Code of Ordinances, City of North Richland Hills, Texas (the "Tree Preservation Ordinance ") with respect to its activities on the property described as Exhibit "A ". If any "protected trees," as that phrase is defined in the Tree Preservation Ordinance, are removed from the Property without prior written authorization from the City of North Richland Hills Director of Planning and Development, or if a protected tree is injured because of failure to follow required tree protection measures such that the tree dies or may reasonably be expected to die, a monetary penalty of $250.00 per - caliper -inch of width of the protected trees removed or damaged shall be paid by Licensee. 10. Insurance. a. Required of Licensee. Licensee shall provide the City Public Works Director with proof that Licensee has insurance of the following types and limits in effect: Commercial General Liability $ 5,000,000 per occurrence Property Damage Liability $ 1,000,000 per occurrence Automobile Liability $ 1,000,000 per accident, including, but not limited to, all owner, hired or non -owned motor vehicles used in conjunction Licensee's use of the Property. Licensee's primary and secondary insurance shall be underwritten by entities authorized to do business in the State of Texas and who are acceptable to the City in terms of solvency and financial strength. Licensee's insurance policy or policies shall name the City as an additional insured and cover all public risks related to Licensee's use of the Property. Deductible or self insured retention limits of any line of coverage required herein shall not exceed $1,000,000 per occurrence unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. The City shall have the right to revise the insurance coverage requirements under this Agreement upon a reasonable determination by the City Public Works Director that Licensee's use of the Property mandates such a revision. Licensee shall comply with such revised requirements within thirty (30) calendar days of receipt of written notice from the City of such a revision. Such policies shall provide that the amount of coverage cannot be reduced, or the coverage canceled, without thirty (30) days prior written notice to the City. b. Required of Licensee's Contractors. Licensee shall require any contractors who undertake construction, installation, maintenance, repairs or work that requires the excavation or other physical use of the Property to maintain insurance of the same types as provided by Section 10(a) of this Agreement with reasonable limits. 11. Liability of Licensee. Licensee shall be liable and responsible for any and all damages, losses, liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands, defenses, judgments, lawsuits, proceedings, costs, disbursements or expense, to include, without limitation, fees, disbursements and reasonable expenses of attorneys, accountants and any other professional advisors and of expert witnesses and of costs of investigation and preparation of any kind or nature whatsoever (collectively "Damages "), which are proximately caused by (1) the construction, installation, operation maintenance or condition of the pipeline, pipeline pig launcher or any related facilities or appurtenances; (2) the transportation of oil, gas or petroleum products through the pipeline; (3) any claim or lien against the property arising out of work, labor, materials or supplies provided or supplied to Licensee, its contractors, or subcontractors; or (4) Licensee's failure to comply with any valid and enforceable federal, state or local law, ordinance, rule or regulation applicable to the pipeline and appurtenances on the property, except to the extent directly caused by the negligence or intentional misconduct of the City. 12. Indemnity. LICENSEE SHALL INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, COSTS, LIENS, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING PERSONAL OR BODILY INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE CAUSED SOLELY BY THE NEGLIGENT ACT, ERROR, OR OMISSION OF LICENSEE OR ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, AFFILIATE OR SUBCONTRACTOR OF LICENSEE, OR THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS OR REPRESENTATIVES, WHILE INSTALLING, REPAIRING, OR MAINTAINING FACILITIES ON THE PROPERTY. THE INDEMNITY PROVIDED UNDER THIS SECTION DOES NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF THE CITY, ITS OFFICERS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS. IF LICENSEE AND THE CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT WAVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THIS SECTION 12 IS SOLELY FOR THE BENEFIT OF THE CITY AND THE LICENSEE AND DOES NOT CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. LICENSEE OR CITY SHALL PROMPTLY ADVISE THE OTHER IN WRITING OF ANY KNOWN CLAIM OR DEMAND AGAINST THE CITY RELATED TO OR ARISING OUT OF LICENSEE'S ACTIVITIES ON THE PROPERTY OR IN THE PUBLIC RIGHT -CIF -WAY SUBJECT TO THIS LICENSE AGREEMENT. 13. Licensee as Independent Contractor. It is expressly agreed and understood that Licensee shall operate as an independent contractor as to all rights and privileges granted by this Agreement, and not as an agent, representative or employee of the City. Licensee acknowledges that the doctrine of respondent superior shall not apply as between the City and Licensee, its officers, agents, employees, contractors and subcontractors. Licensee further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and the Licensee. 14. Default. The occurrence at any time during the term of this Agreement of one or more of the following events shall constitute an "Event of Default" under this Agreement: a. Breach. An Event of Default shall occur if Licensee materially breaches or violates any of the terms, covenants, representations or warranties set forth in this Agreement or fails to perform any obligation required by this Agreement. b. Bankruptcy, Insolvency or Receivership. An Event of Default shall occur if Licensee (a) files a voluntary petition in bankruptcy; (b) is adjudicated insolvent; (c) files any petition or fails to contest any petition filed against it seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any laws relating to bankruptcy, insolvency or other relief for debtors; (d) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master, custodian or liquidator of Licensee, any of Licensee's property or any revenues, issues, earnings or profits thereof; (e) makes an assignment for the benefit of creditors; or (f) fails to pay Licensee's debts generally as they become due. C. Violations of Law. An Event of Default shall occur if the pipeline or appurtenances on the Property or Licensee's operation of the pipeline on the property violates any existing or future valid and enforceable federal, state or local laws or any existing or future ordinances, rules and regulations of the City. 15. Uncured Defaults and Remedies. a. Notice of Default and Opportunity to Cure. If an Event of Default occurs on account of Licensee's failure to pay the License Fee in accordance with Section 5, such Event of Default shall be deemed an Uncured Default and the City shall have the right to terminate this Agreement immediately upon provision of written notice to Licensee. If an Event of Default occurs for a reason other than for failure to pay the License Fee, the City shall provide Licensee with written notice and shall give Licensee the opportunity to cure such Event of Default. For an Event of Default, Licensee shall have thirty (30) days from the date it receives written notice from the City to cure the Event of Default. If any Event of Default is not cured within the time period specified herein, such Event of Default shall, without further notice from the City, become an "Uncured Default" and the City immediately may exercise the remedies provided in Section 15(b). b. Remedies for Uncured Defaults. Upon the occurrence of an Uncured Default, the City shall be entitled to exercise, at the same time or at different times, any of the remedies set forth herein, all of which shall be cumulative of and without limitation to any other rights or remedies the City may have. C. Termination of Agreement. Upon the occurrence of an Uncured Default, the City may terminate this Agreement. Upon such termination, Licensee shall forfeit all rights granted to it under this Agreement and, except as to Licensee's unperformed obligations and existing liabilities as of the date of termination, this Agreement shall automatically be deemed null and void and shall have no further force or effect. Licensee shall remain obligated to pay and the City shall retain the right to receive License Fees and any other payments due up to the date of termination. Licensee shall remove the Pipeline from and restore the Property as and when requested by the City (or cap the Pipeline, if either consented to or required by the City). The City's right to terminate this Agreement under this Section 15(c) does not and shall not be construed to constitute any kind of limitation on the City's right to terminate this Agreement for other reasons as provided by and in accordance with this Agreement; provided, however, that Licensee may not abandon the pipeline without the approval of the Railroad Commission or successor agency or other regulatory authority with jurisdiction, if such action without such approval is prohibited at the time by applicable federal or state law or regulation. d. Legal Action Against Licensee. Upon the occurrence of an Uncured Default, the City may commence against Licensee an action at law for monetary damages or in equity for injunctive relief or specific performance of any of the provisions of this Agreement which, as a matter of equity, are specifically enforceable. 16. Emergencies. a. Work by the City. For purposes of this Section 16(a), a public emergency shall be any condition which, in the opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or man -made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed appropriate by the City Manager, Mayor, or Fire Chief, or their authorized representatives, including, but not limited to, action that may result in damage to the pipeline, and Licensee hereby (1) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for any Damages, as defined in Section 11, that may occur to the pipeline or that Licensee may otherwise incur as a result of such a response, and (2) agrees that Licensee, at Licensee's sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its pipeline that is affected by such action of the City. In responding to a public emergency, the City agrees to comply with all local, state and federal laws, including any requirements to notify the Texas One Call System, to the extent that they apply at the time and under the circumstances. In addition, if the City takes any action that it believes will affect the pipeline, the City will notify Licensee as soon as practicable so that Licensee may advise and work with the City with respect to such action. b. Work by or on Behalf of Licensee. In the event of an emergency that directly involves that portion of the pipeline located on the Property and which necessitates immediate emergency response work on or repairs to the pipeline, Licensee may initiate the emergency response work or repairs or take any action required under the circumstances provided that Licensee notifies the City in accordance with Section 9(a), above. After the emergency has passed, Licensee shall apply for and obtain a construction permit from the City Public Works Director and otherwise fully comply with the requirements of this Agreement. 17. Notices. Any notices required pursuant to the provisions of this Agreement or provided by the City or Licensee to the other shall be (a) hand - delivered to the other party, or (b) mailed through the United States Postal Service, postage prepaid, return receipt requested, addressed as follows: If to City: If to Licensee: City of North Richland Hills Texas Midstream Gas Services, L.L.C. Attn: City Manager Attn:Manager- Midstream Property Rights 7301 NE Loop 820 100 Energy Way North Richland Hills, Texas 76180 Fort Worth, Texas 76102 With copy to: CT Corporation System 350 N. St. Paul Street Dallas, Texas 75201 18. Compliance with Laws. Licensee agrees to comply with all valid and enforceable federal, state and local laws; all ordinances, rules and regulations of the City; and all valid and enforceable directives of the City Fire Marshal in order to protect the public health, safety and welfare. i F'»► r@l'iTF K7-73 The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert any such right on any future occasion. 20. Governinq Law and Venue. This Agreement shall be construed pursuant to and in accordance with the laws of the State of Texas and of the United States of America. Venue for any action, whether real or asserted, at law or in equity, that arises out of the terms of this Agreement shall lie exclusively in state courts located in Tarrant County, Texas and in federal courts for the Northern District of Texas, Fort Worth Division. 21. Conferences. At the request of the City, the City and Licensee shall meet at reasonable times and upon reasonable notice to discuss any aspect of this Agreement or Licensee's use of the Property. 22. Assignment. Licensee shall not convey, transfer, pledge, encumber or assign any of its rights under this Agreement without the prior written consent of the City. Any purported assignment that does not satisfy the foregoing condition shall be void. 23. 5everability. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final order entered by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, including without limitation all available appeals, have been exhausted. 24. Headings Not Controlling. Headings and titles that are used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 25. Parties Bound. The rights, duties and obligations created by this Agreement shall be binding upon and inure to the benefit of the City, Licensee, and their successors and permitted assignees. 26. Entirety of Agreement. This Agreement contains the entire understanding and agreement between the City and the Licensee as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent it is in conflict with the terms and conditions of this Agreement. This Agreement shall not be amended except by a written agreement signed by both parties. 27. Recording of Agreement. It is agreed and understood that this agreement shall not be recorded as a public record in the real property records of Tarrant County. Executed this day of , 2010. TEXAS MIDSTREAM GAS SERVICES, L.L.C. (Signature) Robert S. Purgason Chief Operating Officer 1_INIX3 I: I:9y1 VAN 0r•N- AI:1:1[6]:IW_1►1 III :11n16 IN City Secretary By: City Manager HOME TOWN LAKES PARK EXHIBITS MID- CITIES BLVD EXHIBIT s N (ROW VARIES) e* �� FRANKLIN PARK HOMETOWN LTD w LOT 1 BLOCK 0 1` OMETOWN NRH WEST —PHASE 6 �,O ; J CAB A SL 10562 4 ARCADIA LAND HOLE TOWN PARTNERS 25 LTD NRH WEST — PHASE 3 CAB A SL 10654 TX—TARR —TNCt- 012.00 TX— T ARR— INC1- 013.00 ro TX— TARR —TNCt- 016 01 ,�ro�'y� TX— T ARR — TNCt- 017.00 vv: J� REMAINOEft OF TRACT I 'I D203472402 (TRS 1, 2, ' A a2, IA01, K & 12A06) CITY BRIDGE STREET TRACT TX— TARR —TNC1- 016.00:01 JROW VARIES) N LOT 1 BLOCK B HOME TOWN NRH LAKES ADDITION — TARR —TNC1 -012.1 CAB A SL 833 NOME TOM EAST INSTR# D2O5302895 INFRASTRUCTURE 1 Susan 19076 CAB A SLIDE 1031X NRH WEST— PHASE 2 NORTH RICHLAND HILLS ARCADIA LAND TOWN PARTNERS 25 LTD CENTER ADD1110N ] TRACT PHASE 1 T7L— TARR —TNCI- 012.00 CAB A SL 8454 TX —TAR R —TNC1- 013.00 TX— TARR —TNC1- 016.00 TX— TARR —TNC1- 016.01 TX— TARR —TNC1- 017.00 TX— TARR —TNC1- 018.00 TX— TARR —TNCI- 020.00 REMAINDER OF TRACT C16.11 DS RTH INSTR# 0203472402 TRACT TAO$ 1A01. IA a 12A08) TARR —TNCi -016. LO 1 B LOCK A HOME TOWN ROC HWN HOME T RH LAKES AD01'TI APARTMENTS TRACT NRH WEST CAB A SL 8333 T1[— TARR —TNC1- 011.00 PHASE 2 y s G INSTR# TX— TARR —T4C1- 011.01 CAB A SL 4 Off` + D205302M INSTR# 0207402527 8330 V of (SUN# 19076) (TRS 56 & 7) � v g J r TXU ELECTRIC DELIVERY 00 TRACT T7(— TARR —TNC1- 007.00 T LEr' .y VOL 2844 PG 281 (7, 5,) a• ,...... BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE ER NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4262 ZONE. ` (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROMMATE A557MACT LINE V. 452871 /ACTIVE\187107355\I)RAWING/ 282_ TNC1 /E XH IRI TS,07355V -282 -EXH IRI T_016.00.0I.DWG TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT Tx— TARR— TNCl- 016.00.01 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS TCCD NORTH CAMPUS �„ � �/' „ �]��__ ] DOWNTM DESIGN SERVICES, INC. 2333 OHS DRIVE, SUITE F W MM CITY, TX 76117 Td: 214- 757 -6113 Fax: 918- 245 -5008 n.com D RAM r &" ❑7/3D sca E: ° = 4ou cN®rKEO PROLECT ENDING SECTION APPROVED sy PEM 07/30/10 0 200 406 SHEET 1 OF 8 1 09 11110 JSS TF REVISED EASWENT REV. BATE BY APP, DESCRIPTION SANITARY ESMT 1 VOL 14250 PG 301 FRANKLIN PARK HOMETOWN LTD I� LOT 1 BLOCK Q HOMETOWN NRH WEST -PHASE 6 CAB A SL 10562 (SUDDI 19077) II VI II II �1 11 R IVERDALE DRIVE 10' DISTRIBUTION ESMT VOL 4971 PG 956 ) 15 BLOCK U 14 a �yPy 15' UTILITY ESMT VCL 3838 PG 182 I I� Ij (CM) — _II�/I fl QO aJJ l � � L 12 pRIVe ANTA HOME TOWN LCAB WEST- 3 f I ASE 3 18 + SL 1 0054 17 +` BLOCK Y ' 15' UTILITY ESMT VOL 5628 PG 43 f n14 � I �I SEE SHEETS NI L WA Y f J EXHIBIT "A MID-CITIES BLVb' (koW VARIES) (CM) DRAINAGE ESMT VOL 11395 \ PG 594 1 � (CM II f F L w of n III Ilz ACM) � + CITY OF NORTH RICHLANDS HILLS TRACT TX- TARR -TNC1- 016,00.01 LOT 1 BLOCK 8 HOME TOWN NRH LAKES ADDITION CAB A SL 8333 INSTR# D205302895 (SV90.f 75076) CURVE TABLE ARCADIA LAND DELTA PARTNERS 25 LTD I LENGTH TRACT I LENGTH TX- TAR R -TN C7 - 012.04 1 0416'42" TX- TARR -TNC7- 013.00 22.40' TX- TARR -TNC1- 016.00 1 22.40' TX- TARR -TNC1- 016.01 I 03'33'27" TX- TARR -TNCI- 017.40 (CM) TX- TARR -TNC1- 018.00 18.62' TX- TARR -TNC1- 020.00 REMAINDER OF TRACT I INSTR.# D203472402 �o ry (TRS 1, Z 7A02, TA01, 1A, & 72A08) w ADDITIONAL WORKSPACE o p 0 z r- �POINT OF BEGINNING :1 ��504'59'40"E 75.65' PERMANENT ;2 EASEMENT 1 26,350 SF Q.605 AC 15' SANITARY ESMT VOL 14506 PG 344 6 — s � CURVE TABLE CURVE1 DELTA I RADIUS I LENGTH BEARING I LENGTH Cl 1 0416'42" .300. GO'l 22.40' 1 502'51'19 "E 1 22.40' C2 I 03'33'27" 300, OO'l 18.63' S06'46'23 "E 18.62' 1STE •. • FOUND 1/2" IRON ROD gfillw-H MI FOUND 3 -1/2" IRON ROD B33 PY f • '� ■ FOUND PK NAIL (CM) CONTROL MONUMENT (ASSESSORS DATA) AP AE5IRACT UNE COMBINED SCALE FACTOR: 1.00014 V: 452871 1ACTIVE\187107355\[)RAWING/ 262_ TNC1 / EXHIBITS ,07355V -282 -E%HISIT_016.00.01.DWG ENTERLINE LENGTH 1,95M1.80 FT 1Y6.47 ROS EASEMENT AREA 38,319 SF 4.880 AO TEMP - WORKSPACE I N/A I N/A 00j DOWNTOWN DESIGN SERVICES, INC. 2333 1"1S DRWT. SUITE F IiALMM CITY. Tx 76117 Td: 214 -757 -6113 Fax: 918 -245 -5006 TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX- TARR -TNC1- 016.00.01 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS PERMANENT EASEMENT 1 " W, I &" 07/30/10 $CALF: 1" CHECKED PEM 07/30/10 ®r 0 75' 150' ENGINEER PRO JEC T E E NGIER 09/11/10 J95 TF REVISED EASMENT SECTION HEAD DATE BY APP, DESCRIPCON APPROVED SHEET 2 OF 8 N I Mai I I t SEE SHEET 2 10' DISTRIBUTION) ESMT VOL 4971 PC 956 SANITARY E T �' L VOL 14250 PG 301 { { v -BLOCK BB 9 � 1 MATER ESMT ii CAB A SL 8333 - EXHIBIT "A CURVE TABLE CURVE DELTA LENGTH I RADIUS I BEARING LENGTH C3 28'08'53° 508.96' 1036.00' 509 °E 503.86' C4 42'56'55" 112.441 150.00' S23'08'36 'E 109.82' C5 28'08'53" 518.791 1056.00' N09'04'09 'W 513.59' I � i ` r LOT 1 BLOCK B �JJ HOME TOWN NRH LAKES ADDITION I* 55,ONVINE P r 1 r \ CAB A SL 8333 SANITARY E4MT ➢� 1 CAB A SL 8333 \ INSTR# D205302895 (SOSO/ 19076) k' u 1 C5 C3 / �15' SANITARY ESMT VOL 14506 PG 344 f { 15' SANITARY ESMT { { VOL 14250 PG 300 PERMANENT EASEMENT 1 26.350 SFf {3.605 ACf CITY OF NORTH RICHLANDS HILLS TRACT TX— TARR —TNC1 -016 00 01 S3RET ` r LOT 1 BLOCK B �JJ HOME TOWN NRH LAKES ADDITION I* 55,ONVINE P r 1 r \ CAB A SL 8333 SANITARY E4MT ➢� 1 CAB A SL 8333 \ INSTR# D205302895 (SOSO/ 19076) v� ARCADIA LAND ~� WATER ESMT R y PARTNERS 25 LTD ' TRACT CAB A 83311 r �N TX— TARR —TNC1- 012.00 BLOCK FF TX—TAR R —TNC1- 013.00 SANITARY E412T r p TX— TARR —TNC1- 016.00 CAB A SL 8333 TX— TARR —TNC1- 016.01 TX R — TNC1 - 017.00 TX — TARR —TNC1- 018.00 r r TX— TARR —TNC1- 020.00 15' UTILITY ESMT 9 \ , VOL \r \ REMAINDER OF TRACT I 5628 PG 43 \r j. INSTR# D203472402 __-N O \r ' 3 12A08 15' UTILITY ESMT 11 1A01. IA, VOL 3838 PG 182 1 12 \, BLOCK II 1 r r r WATER ESMT r C4 HOME TOWN VOL 14506 PG 351 13 X\ N RH WE PHASE2 14 CAB A SL 8330 BLOCK II 15' SANITARY ESMT VOL 14250 PG 300 r r 1 Lr SANITARY ESMT � I i° c,� ` � VOL 14506 PG 348 �j o 20' WATER ESMT f CAB A SL 8333 SANITARY ESMT ��y� VOL 14250 PG 301 �1 / / / p � Q a g J� 1 y4 y S76'02'37 "E 13 V 140.00' BLOCK 74 S64'15'59 'W /(CM} SEE SHEET 4 NORTH RICHLAND 20.02' HILLS TOWN 75 f CENTER ADDITION �E[ � BRIDGE STREET PHASE 1 G S i (ROW VARIES) CAB A SL 6464 �R10 TRACT 5 Tx— TARR —TNC1- 012.02 7STE .y HOME TOWN EAST FOUND 1/2 ROQ INFRASTRUCTURE 1 ��� CAB A SLIDE 10305 ■ ■ . ■■ TODD ■ ■ ■ ■ . ■ ER FOUND 3-1/2 ROD 5633 $51 �.".' ■ FOUND PK NAIL • • •• (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROMMATE AE5IRACT UNE COMBINED SCALE FACTOR: 1.0001472E V. 452871 /ACTIVE\1871G7355 \DRAWING/ 262_ TNC1 /E XH IRI TS,07355V -282 -E%H IRI T_016.00.01.DWG SEE SHEET 2 FOR EASEMENT INFORMATION 9 Q/1 DOWNTOWN DESIGN SERVICES, INC. 2333 OHS DRIVE, SUITE F MTOM CITY, TX 76 117 Td: 214- 757 -6113 Fa - 245 -5DDS ' oentno dss TF dow n.com REV. BATE BY APP TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX— TARR —TNC1- 016.00.01 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS PERMANENT EASEMENT I TCCD NORTH CAMPUS DRAM I 5... 07/30/10 SCALE: 1" = 150' B y CHECKED PEN 07/30/10 ®r 0 75' 150' P NGI E E R REVISED EA54 ENT ENGINEER HEAD DESMPCON APPROYEO SHEET 3 OF 8 BRID ARIES) ETCH I B N TRACT 2 TX— TARR —TNC1- 012.02 HOME TOWN EAST X INFRASTRUCTURE 1 rv7 CAB A SLIDE 103 I *24'19 "E N69 ��1 20.02' 24 rJ f� 25 i l 1 28 ' SANITARY ESMT VOL 14506 PG 346 WATER EASEMENT VOL 14506 PG 351 1 18 IBLOCK PP I 1 19 1 BLOCK T 2 X HOME TOWN rv7 NRH WEST — PHASE 2 CAB A SL 8330 1 L---- (CM) SEE SHEET 3 ° PERMANENT EASEMENT 2 11,969 SF 0.275 AC ARCADIA LAND v� PARTNERS 25 LTD TRACT �4 TX- TARP -TNC1- 012.00 26 J rnV(7RS - TARR -TNC1- 013.00 27 Q• — TARR —TNCI-016.00 — TARR —TNC1- 016.01 y ti - TARR — TNCI- 017.00 ib — TARR —TNCI- 018.00 G �, — TARR —TNC1- 020.00 C � A MAINDER OF TRACT I STR# D2O3472402 16 . + r. 2 rAO2 aim. rw ram) CITY OF NORTH / RICHLANDS HILLS TRACT f TX— TARR —TNC1- 016.00.01 / LOT 1 BLOCK A / HOME TOWN f NRH LAKES ADDITION CAB A SL 8333 I INSTR# f D205302895 (SUBDf 19076) � WATER EASEMENT CAB A SL 8333 p W��► 3 i a gJQ- v� 506'00'27 'W 41.06' RCC HOMETOWN APARTMENTS LTD TRACT TX— TARR —TNC1- 011.00 TX— TARR —TN C7 —011, 01 INSTR# D207402527 (TRS se a 7) 12 7.5' SANITARY ESMT VOL 9741 PG 2055 SANITARY ESMT y — — a — — J VOL 985 PG 1841 � VOL 9858 8 PG 395 (CM)�`� -- » » , REFERENCE BEARING S8733'29 E ' l TXU ELECTRIC DELIVERY CO TRACT TX- TARR -TNC1- 007.00 15TE VOL 2844 PG 281 (m sA) •� • FOUND 1/2" IRON ROD ■ ■ ■ ■ ■ ■ ER FOUND 3 -1/2" IRON ROD B33 PY f ■ FOUND PK NAIL ess�a;. • •• (CM) CONTROL MONUMENT (ASSESSORS DATA) APPRO AE5IWACT UNE COMBINED SCALE FACTOR: 1.0001472E V. 452871 /ACTIVE1�1871G7355 \DRAWING/ 262_ TNC1 /E XH IRI TS,07355V -262 -E%H IRI T_016.00.01.DWG SEE SHEET 2 FOR EASEMENT INFORMATION � 1 DOWNTOWN DESIGN SERVCES, INC. 2333 OHS DRIVE, SUITE F CIT N&TOM Y, TX 76 117 Td: 214- 757 -6113 Fa - 245 -51108 ' oentno dss TF dow n.com REV. BATE BY APP TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX— TARR —TNC1- 016.00.01 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS PERMANENT EASEMENT 2 TCCD NORTH CAMPUS DRAM 53iM 07/30/10 B y CHECKED PEN 07/30/10 ®r PRO 0 75' 150' ENGINEER ENGINEER REVISED EASWENT SECTION HEAD DESMP ION APPROVED SHEET 4 OF 8 ».of N74'29'49 ° E 112.66' POINT OF BEGINNING EXHIBIT "A AN EASEMENT ACROSS A PORTION OF LOT 1 BLOCK B HOME TOWN NRH LAKES ADDITION FILED IN CABINET A SLIDE 8333 AND ALSO DESCRIBED IN INSTRUMENT# D205302895 AND ACROSS A 15 -FOOT SANITARY EASEMENT DESCRIBED IN VOLUME 14506 AT PAGE 344 AND ACROSS A 15 -FOOT SANITARY EASEMENT DESCRIBED IN VOLUME 14250 AT PAGE 300 AND ACROSS A 20 -FOOT WATER EASEMENT FILED IN CABINET A SLIDE 8333 OF THE RECORDS OF THE COUNTY OF TARRANT. STATE OF TEXAS, IN THE LANDON C WALKER SURVEY. ABSTRACT 1652, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF CURVATURE ON THE EASTERLY BOUNDARY OF SAID LOT 1 FROM WHICH A FOUND 1/2" IRON ROD BEARS N05'06'56 "E 260.11 FEET; THENCE ALONG SAID EASTERLY BOUNDARY THE FOLLOWING THREE (3) COURSES: 1. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 4'16'42 ", RADIUS OF 300.00 FEET, ARC LENGTH OF 22.40 FEET, THE CHORD WHICH BEARS 502 - E 22.40 FEET; 2. THENCE 504'59'40 "E 75.65 FEET TO A POINT OF CURVATURE; 3. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 3'33'27 RADIUS OF 300.00 FEET, ARC LENGTH OF 18.63 FEET, THE CHORD WHICH BEARS S06 46 "E 18.62 FEET; THENCE S05'00'17 "W 195.07 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 28'08'53", RADIUS OF 1036.00 FEET, ARC LENGTH OF 508.96 FEET, THE CHORD WHICH BEARS S09'04'09 "E 503.86 FEET; THENCE S23'08'36'E 196.51 FEET TO A POINT OF NON - TANGENT CURVATURE ON SAID EASTERLY BOUNDARY; THENCE ALONG SAID EASTERLY BOUNDARY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 42'56'55 ", RADIUS OF 150,00 FEET, ARC LENGTH OF 112.44 FEET, THE CHORD WHICH BEARS 523'08'36 "E 109,82 FEET; THENCE S23'08'36 °E 286.31 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT 1 FROM WHICH A FOUND PK NAIL BEARS S76'02'37 "E 140.00 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY S6415 "W 20.02 FEET; THENCE N23'08'36'W 593.55 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 28'08'53', RADIUS OF 1056.00 FEET, ARC LENGTH OF 518.79 FEET, THE CHORD WHICH BEARS N09'04'09 "W 513.59 FEET; THENCE N05'00'17'E 309.99 FEET TO THE POINT OF BEGINNING; CONTAINING 26,356 SQUARE FEET OR 0.605 ACRES. AN EASEMENT ACROSS A PORTION OF LOT 1 BLOCK A HOME TOWN NRH LAKES ADDITION FILED IN CABINET A SLIDE 8333 AND ALSO DESCRIBED IN INSTRUMENT# D205302895 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE LANDON C WALKER SURVEY, ABSTRACT 1652, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF SAID LOT 1 FROM WHICH A FOUND PK NAIL BEARS N74'29'49 "E 112.66 FEET; THENCE 523'08'36 "E 580.09 FEET TO THE EASTERLY BOUNDARY OF LOT 1; THENCE ALONG SAID EASTERLY BOUNDARY S06'00'27 "W 41.06 FEET FROM WHICH THE SOUTHEAST CORNER OF SAID LOT 1 MONUMENTED BY A FOUND 1/2 IRON ROD BEARS $14'27'54 "W 701.83 FEET; THENCE N23'08'36 "W 616.83 FEET TO SAID NORTHERLY BOUNDARY; THENCE ALONG SAID NORTHERLY BOUNDARY N69'24'19 "E 20.02 FEET TO THE POINT OF BEGINNING; CONTAINING 11,969 SQUARE FEET OR 0.275 ACRES. TE ` (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROMMATE A557MACT LINE V. 452871 /ACTIVE\187107355 \DRAWING/ 262_ TNC1 /E XH IRI TS,07355V -262 -EXH IRI T_016.00.0I.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR PROPOSED PIPELINE CROSSING TRACT TX- TARR -TNC1- 016.00.01 EASEMENT INFORMATION CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS PROPERTY DESCRIPTION TCCD NORTH CAMPUS � DESIGN SERA= INC. D RAM r &" ❑7/30/10 OH x.11 2333 INNS DR SUITE F WTOM CITY, TX 76117 CH CKM sy PROJECT PEM 07/30/10 Td: 214- 757 -6113 ENGINE 1 09 11 f10 JSS TF REVISED EASWENT Fax: 918 - 245 -5M SECTION REV. BATE BY APP, DESCRIPTION w n.com APPROVED SHEET 5 OF 8 N MWAN NRH LAIM AODIBON 1 BLOCK O DRAINAGE EASEAA1E71T CAB A SL 833.1 EXHIBIT " MID - CITIES BLVb (koW VARIES) (CM) - I� lI'(CM) —�' D I ESMT SANITARY ESMT I I II \ VPG 1 13 9 5 VOL 14250 PG 301 II III � FRANKLIN PARK HOMETOWN LTD I III } LOT 1 BLOCK Q I II HOMETOWN NRH WEST -PHASE & III CAB A SL 10562 I I —(spec 1=7jZ — — — —___— I— III 1 — — _ _�— 1 VI I l�j j II II Il III I I S84'59'43 'E l --Fl— — �� I I 26.72' N , _ RIVERDALE DRIVE 10' DISTRIBUTION ESMT VOL 4971 PG 956 ) 15 BLOCK U 14 a �pyR'y 15' UTILITY ESMT p�G a VOL 3838 PG 182 OO �JQ- 12 l LANTANA DRIVE HOME TOWN LCA�B'PA WEST — ASE 3 18 3 SL 1 0054 L4 17 J BLOCK Y� 15' UTILITY ESMT VOL 5628 PG 43 1 ~� NICHOLS WAY I II� I I N05'00'17 "Ej 150.00' N84'59'43 29 I 2 I II I I II f I I I I� I II I I II I I II I I II I II I I II I I II I I II `�' (CM) � + CITY OF NORTH RICHLANDS HILLS TRACT TX- TARR -TNC1- 016,00.01 LOT 1 BLOCK 8 HOME TOWN NRH LAKES ADDITION CAB A SL 8333 INSTR# D205302895 (SVBDO 15076) S06'57'37 "E ARCADIA LAND 17.15' PARTNERS 25 LTD TRACT TX— TAR R —TN Cl — 012.00 TX— TARR —TNCl- 013.00 TX— TARR —TNC1- 016.00 TX— TARR —TNC1- 016.01 TX- TARR - TNCI- 017.00 (CM) TX- TARR -TNC1- 018.00 TX- TARR -TNC1- 020.00 REMAINDER OF TRACT I INSTR.# D203472402 (TRS 1, Z IA02, 7A0r, 1A, & d2A08) POINT OF BEGINNING \__SO5'26'53 "W 133.22' ADDITIONAL WORKSPACE 1 4,443 SF 0,102 AC f — -- f 1 PERMANENT 1 EASEMENT 1 f 26,350 SF 0.605 AC I f VOL 14506 PG 344 f � 1STE •. • FOUND 1/2" IRON ROD ■ ■ ■ ■ ■ ■ ER FOUND 3 -1/2" IRON ROD B33 PY f Essl& • '� ■ FOUND PK NAIL (CM) CONTROL MONUTAENT I (ASSESSORS DATA) APPROYIAUTE AE5IWACT LINE COMBINED SCALE FACTOR: 1.00014 V:452871 /ACTIVE\\ B7107355>[)RAWING/ 262_ TNC1 / EXHIBITS ,07355V -282 —E%HIRIT_016.00.01.DWG SEE SHEET 2 FOR EASEMENT INFORMATION 9 Q/1 DOWNTOWN DESIGN SERVICES, INC. 2333 OHS DRIVE, SUITE F MTOM CITY, TX 76 117 Td: 214- 757 -6113 Fa - 245 -5DDS ' oentno dss TF dow n.com REV. BATE BY APP TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT Tx- TARR -TNCl- 016.00.01 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS TCCD NORTH CAMPUS DRAM I 5,M 07/30/10 SCALE: 1" = {W B y CHECKED PEN 07/30/10 ®r 0 200' 400' PR0.ECT ENGINEER REVISED EA54 ENT SECTION HEAD DESCRIPDON APPROVED SHEET 6 OF $ N I OGri i BRIDGE R ©W VARIES) E " TRACT _ % . �o !1 1 l 28 27 SANITARY VOL 14506PG 346 c // p: cA J� �7 16 Nfi6 WATER EASEMENT I VOL 14506 PG 351 1 TX -TARR TOWN EAST HOME TOWN EAST 2 INFRASTRUCTURE 1 FOUND 3 -1/2" IRON ROD CAB A SLIDE 10305 a �� S ADDITIONAL �[tiDGE 24 v 225 SF 0.005 AC f� (ASSESSORS DATA) r f D205302895 N23'O$'36 "W 25 BLOCK N 0 26 + o ) 0 l 51'24 'E 11 16.23' 1 CITY OF NORTH / RICHLANDS HILLS 2 TRACT FOUND 3 -1/2" IRON ROD 18 / TX— TARR —TNC1- 016.00.01 r r X / LOT 1 BLOCK A ADDITIONAL / HOME TOWN WORKSPACE 2 NRH LAKES ADDITION BLOCK PP 19 f CAB A SL 8333 225 SF 0.005 AC f INSTR# (ASSESSORS DATA) r f D205302895 N23'O$'36 "W 1 —BLOCK T — — — • FOUND 1/2" IRON ROD 2 FOUND 3 -1/2" IRON ROD B33 r r X HOME TOWN rv7 NRH WEST — PHASE 2 e CAB A SL 8330 1 L___ (SUBDf 19076) 27.50' WATER EASEMENT CAB A SL 8333 ,(1=1'00'40 R= 1809.24' L- 31.93' CB= S7'24'09'W CH- 31.93' -- --------- - ----- — — — — — — — — — — — — r ----------- 6`j G N83'18'O6 "E 35.00' JQ- —PERMANENT EASEMENT 2 11,969 SF 0.275 AC ARCADIA LAND PARTNERS 25 LTD TRACT TX— TARR —TNC1- 012.00 TX— TARR —TNC1- 013.00 TX— TARR —TNC1- 016.00 TX— TARR —TNC1- 016.01 TX— TARR —TNCI- 017.00 TX— TARR —TNCI- 018.00 TX— TARR —TNC1- 020.00 REMAINDER OF TRACT I INSTR# D203472402 (745 P, $ PAaZ FAW. IA, d IN WW) POINT OF BEGINNING RCC HOMETOWN APARTMENTS LTD TRACT TX— TARR —TNC1- 011.00 g ADDITIONAL TX— TARR —TNC1- 011,01 WORKSPACE 3 INSTR# D207402527 2 322 SF (TRS SB & 7) 12 0 053 AC NO237'11 "E 134.47' 516'27'54 ° W 144.33' 7.5' 'SANITARY ESMT SANITARY ESMT VOL 9741 PG 2055 { VOL 9854 PG 1841 ` POINT OF VOL 9858 PG 395 BEGINNING —_ EFERENCE BEARING 58733'29 E TXU ELECTRIC DELIVERY CO TRACT TX— TARR —TNC1- 007,00 VOL 2844 PG 281 (m sA) TE •� SEE SHEET 2 FOR EASEMENT INFORMATION 9 Q/1 DOWNTOWN DESIGN SERVICES, INC. 2333 OHS DRIVE, SUITE F HALTOM CITY, TX 76 117 Td: 214- 757 -6113 Fa - 245 -5DOS ' oentno J A P P do w n.ccm REV. BATE P TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX- TARR -TNCl- 016.00.01 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS TCCD NORTH CAMPUS DRAM I 5,M 07/30/10 SCALE: 1" _ {W B y �HEAD O PEN 07/30/10 0 200' 400' T R REVISED EASWENT N nPPROVEO SHEET 7 OF $ DESCRPTON sy • FOUND 1/2" IRON ROD ■ ■ ■ ■ ■ ■ 0;,,, FOUND 3 -1/2" IRON ROD B33 PY f ■ FOUND PK NAIL (CM) CONTROL MONUMENT e (ASSESSORS DATA) AP A557MACT LINE COMBINED SCALE FACTOR: 1.00014 V:452871 /ACTIVE\\ 87107355 \DRAWING/ 262 -TNC1 /EXHIBITS,07355V -282 -EXHIBIT- 016.00.01.DWG SEE SHEET 2 FOR EASEMENT INFORMATION 9 Q/1 DOWNTOWN DESIGN SERVICES, INC. 2333 OHS DRIVE, SUITE F HALTOM CITY, TX 76 117 Td: 214- 757 -6113 Fa - 245 -5DOS ' oentno J A P P do w n.ccm REV. BATE P TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX- TARR -TNCl- 016.00.01 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS TCCD NORTH CAMPUS DRAM I 5,M 07/30/10 SCALE: 1" _ {W B y �HEAD O PEN 07/30/10 0 200' 400' T R REVISED EASWENT N nPPROVEO SHEET 7 OF $ DESCRPTON sy EXHIBIT "B" AN ADDITIONAL WORKSPACE ACROSS A PORTION OF LOT 1 BLOCK B HOME TOWN NRH LAKES ADDITION FILED IN CABINET A SLIDE 8333 AND ALSO DESCRIBED IN INSTRUMENT# D205302895 AND ACROSS A PORTION OF A SANITARY EASEMENT DESCRIBED IN VOLUME 14250 AT PAGE 301 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE LANDON C WALKER SURVEY, ABSTRACT 1652, DESCRIBED AS FOLLOWS: BEGINNING ON THE EASTERLY BOUNDARY OF SAID LOT 1 MONUMENTED BY A FOUND 1/2 IRON ROD; THENCE ALONG SAID EASTERLY BOUNDARY S05'26'53 "W 133.22 FEET; THENCE N8459'43 "W 29.25 FEET; THENCE N05`00'17 "E 150.00 FEET; THENCE S84'59'43" 26.72 FEET TO THE EASTERLY BOUNDARY OF SAID LOT 1; THENCE ALONG SAID EASTERLY BOUNDARY S06'57'37 "E 17.15 FEET TO THE POINT OF BEGINNING; CONTAINING 4,443 SQUARE FEET OR 0.102 ACRES. AN EASEMENT ACROSS A PORTION OF LOT 1 BLOCK A HOME TOWN NRH LAKES ADDITION FILED IN CABINET A SLIDE 8333 AND ALSO DESCRIBED IN INSTRUMENT# D205302895 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE LANDON C WALKER SURVEY, ABSTRACT 1652, DESCRIBED AS FOLLOWS:. BEGINNING AT A POINT OF CURVATURE ON THE EASTERLY BOUNDARY OF SAID LOT 1 FROM WHICH A FOUND PK NAIL BEARS N10'34'33'W 622.43 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 1 "00'40 ° , RADIUS OF 1809.24 FEET, ARC LENGTH OF 31.93 FEET, THE CHORD WHICH BEARS 507'24'09 "W 31.93 FEET; THENCE N23'06'36'W 27.50 FEET; THENCE N66 "E 16.23 FEET TO THE POINT OF BEGINNING; CONTAINING 225 SQUARE FEET OR 0.005 ACRES. AN EASEMENT ACROSS A PORTION OF LOT 1 BLOCK A HOME TOWN NRH LAKES ADDITION FILED IN CABINET A SLIDE 8333 AND ALSO DESCRIBED IN INSTRUMENT# D205302895 AND ACROSS A PORTION OF THE 7.5 —FOOT SANITARY SEWER EASEMENT FILED IN VOLUME 9741 AT PAGE 2055 AND ACROSS A PORTION OF THE SANITARY SEWER EASEMENT FILED IN VOLUME 9854 AT PAGE 1841 AND IN VOLUME 9858 AT PAGE 395 OF THE RECORDS OF THE COUNTY OF TARRANT. STATE OF TEXAS, IN THE LANDON C WALKER SURVEY, ABSTRACT 1652, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1 MONUMENTED BY A FOUND 1/2" IRON ROD; THENCE NO2'37'11 "E 134.47 FEET; THENCE N83'18'06 "E 35.00 FEET TO THE EASTERLY BOUNDARY OF SAID LOT 1; THENCE ALONG SAID EASTERLY BOUNDARY S16'27'54 "W 144.33 FEET TO THE POINT OF BEGINNING; CONTAINING 2,322 SQUARE FEET OR 0.053 ACRES. BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE t1F r TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED,I DO HEREBY CERTIFY 5rE " ' .•y THAT THE ATTACHED LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS d . WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME 15 TRUE AND CORRECT. ■• ■•••E DATE OF SURVEY: 05/20/08 - 07/09/10 TODD FINCHER R.P.L.S. NO. 5633 • (CM) CoNTRCL moNumEN7 DATE OF SIGNATURE: 08/11/10 (ASSESSORS DATA) APPROMMATE A557MACT LINE V. 452871 /ACTIVE\187107355 \DRAWING/ 262_ TNC1 /E XH IRI TS,07355V -262 —EXH IRI T_016.00.01.DWG SEE SHEET 2 FOR EASEMENT INFORMATION 9 . DOWNTOWN DESIGN SERVICES, INC. 2333 OHS DRIVE, SUITE F MTOM CITY, TX 76117 Td: 214- 757 -6113 Fa � x � : •" 9 , 18 - 245 -5DDS ' Dentno dss TF dow n.com REV. BATE BY APP TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX— TARR —TNC1- 016.00.01 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS PROPERTY DESCRIPTION TCCD NORTH CAMPUS DRAM cam, 0 r SCALE: 1" =N /n CHECKED PEN 137/30/10 ®r PROJECT ENGINEER REVISED EASWENT SECTION HEAD DESMPIION APPROVED SHEET 8 OF $ WALKER'S CREEK PARK EXHIBITS N EXHIBIT I7� IDIAS ELECTRIC SERVICE COMPANY TRACT Tx- TARR -TNC1- 007.00 VOL 2844 PG 281 CITY OF NORTH F401LAND HILLS (7R 5A) TRACT Tx- TARR- TNCt- 006.09 VOL 10980 PG 328 v a�g 1 CITY OF RICHLAND HILLS LOT 18 BLOCK 2 WALKER BRANCH ADDITION VOL 3BB -154 PG 22 ("O 44813) CITY OF NORTH RICILAND HILLS VOL 11097 PG 1871 4b �,� STATE OF TEXAS TRACT TX- TARR -INC1- 002.00 TX- TARR -7NC1- 005.00 TRACT A NORTHEAST CAMPUS VOL 388-43 PG 61 (RiBW W276) CAL INCOME FEC RICHLAND HILLS LLC WALKER BRANCH ADDITION LOT 411 BLOCK 2 CAB A SLIDE 2941 NSTR# D206325252 (SUM# 44873) CFNL INCOME FCC RICHLAND HILLS LLC TRACT TX- TARR -TNC1- 006.04 PORTION OF LOT 3R1 BLOCK 2 WALKER BRANCH ADDITION CAB A SL 3915 NSTR# d2W 2 52 (SVe# 44813) TE 5633 BASIS OF BEARIM BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. z w (CM) CONTROL MONUMENT ( DATA) APPROAMATE ABSTRACT LINE V; / 52871' ACTIVE\ 187107355\ DRAWING\ 282_ 7NCINEXHI91TS \07355V -262_EXHI91T_DD6.09ZWG TEXAS MIDSTREAM GAS SERVICES Q. DOWNTOWN DESIGN SERVCES, W. 2333 MINNIS DRIVE. SUITE F HI100M CITY. TX 76117 Tel: 214 - 757 -6113 Fax: 918 - 245 -5006 PROPDSED PIPELJNE CRDSSING TX -TAR R- TN C 1 -0 {75.09 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT. STATE OF TEXAS TCCD NORTH CAMPUS - W ' JSS 07/17/06 SCALE; 1' = 6W 3 06/11/Ifl JOAN JMM REMSED EASEMENT GH C ED '!L' O8/p7/06 250' 50.0 2 47/21 /10 SJTN REM ADDED ADDITIONAL WORKSPACE PRO.Y Ely NEER 1 06/12/06 J55 JMM RENSED HYY NAME S HEA REV. DESMIPTION APPROVED SHEET 1 OF 3 N EXHIBIT "A" TEXAS ELECTRIC SERVICE COMPANY TRACT TX— TARR —TNCI- 007.00 VOL 2844 PG 281 (TR 5A) z S87'33'29 "E 2110.14' N89'33'29 "E 429.3 CITY OF RICHLAND HILLS MtrtrCtNLr ntAMINO 9 'E LOT 1 B BLOCK 2 CNL INCOME FEC RICHLAND HILLS LLC 87'33'29 20.04' 10' UTILITY EASEMENT TRACT TX— TARR —TNC1- 005.04 EAST CORNER VOL 10171 PG 1956 PORTION OF LOT 3R1 BLOCK 2 WALKER BRANCH ADDIT 50' ADDITIONAL 1 FOUND 4 "X 4 "_ AD WALKER BRANCH ADDITION LOT 4R BLOCK 2 WORKSPACE CONCRETE TESCO CAD AB A SL 3 CAB A SLIDE 2941 ROW MONUMENT INSTR# D206325252 52 INSTR# 02 PROPERTY BES(7i�71DN PEJZ�iiAF1ENT UM1111 NT {5P18D� 44513) 44 PRO.IECT Ely NEER 1 06/12/08 o 20' PERMANENT Q� S o EASEMENT �► r_ a0 14,591 SF 0.335 AC Br APP. En CITY OF NORTH RICHLAND HILLS En APPROVED TRACT TX— TARR —TNC1- 006.09 VOL 10980 PC 328 FOUND CAPPED (TR 5) 5/8" IRON ROD 89'33'29'W 20.00' STAMPED B L T POINT OF FOUND CAPPED IRON ROD / 7BEGINNING NOT LEGIBLE N89'33'29 "E 429.3 CITY OF RICHLAND HILLS MtrtrCtNLr ntAMINO LOT 1 B BLOCK 2 CNL INCOME FEC RICHLAND HILLS LLC "BY' WALKER BRANCH ADDITION TRACT TX— TARR —TNC1- 005.04 CNL INCOME FEC RICHLAND HILLS LLC VOL 388 -154 PG 22 PORTION OF LOT 3R1 BLOCK 2 WALKER BRANCH ADDIT (SUaD 44513) AD WALKER BRANCH ADDITION LOT 4R BLOCK 2 GH ®y CAD AB A SL 3 CAB A SLIDE 2941 1OO' ZDD SHEET 2 OF 3 INSTR# D206325252 52 INSTR# 02 PROPERTY BES(7i�71DN PEJZ�iiAF1ENT UM1111 NT {5P18D� 44513) 44 A 20 —FOOT PERMANENT EASEMENT ACROSS A PORTION THE PARCEL DESCRIBED IN VOLUME 10980 AT PAGE 328 AND ACROSS A PORTION OF THE 10 —FOOT UTILITY EASEMENT DESCRIBED IN VOLUME 10171 AT PAGE 1956 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE LANDON C. WALKER SURVEY, ABSTRACT NUMBER 1653, BEING DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF LOT 3R1 BLOCK 2 WALKER BRANCH ADDITION FILED IN CABINET A SLIDE 3915 FROM WHICH THE NORTHWEST CORNER OF LOT 4R BLOCK 2 OF THE WALKER BRANCH ADDITION FILED IN CABINET A AT SLIDE 2941 MONUMENTED BY A FOUND ILLEGIBLE CAPPED IRON ROD BEARS N89'33'29 "E 429.34 FEET; THENCE ALONG SAID NORTHERLY BOUNDARY 589'33'29 "W 20.00 FEET; THENCE N1'18'06"W 730.05 FEET TO THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 10980 AT PAGE 328; THENCE ALONG SAID NORTHERLY BOUNDARY 58733'29 "E 20.04 FEET FROM WHICH THE NORTHEAST CORNER OF SAID PARCEL MONUMENTED BY A FOUND 4" X 4" CONCRETE TESCO RIGHT —OF —WAY MONUMENT BEARS S87'33'29 "E 2110.14 FEET; THENCE S118'06 ° E 729.44 FEET TO THE POINT OF BEGINNING; CONTAINING 14,591 SQUARE FEET OR 0.335 ACRES. TL' 5633 0 FOUND IRON ROD MOAK SURV. INC (CM) CONTROL MONUMENT zw (ASSESSOR'S DATA) APPROpMATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.00014 V; / 52871\ ACTIVE \187107355\)RAWINC\ 262_ TNCI\ EXHI9ITS \07355V -262_EXHI91T_DO6.09AWG CENTERLINE LENGTH 729.54' 44,21 ROS EASEMENT AREA 14,591 SF ©.335 AG TEMP. WORKSPACE I N/A I N/A enn'I urcwwr Ar.F 1 15.380 SF I 0.353 AC Q. DDINN OWN DESIGN SERI ICES, W. 2333 WNNIS DRIVE, SURE F 14600111A CRY, TX 76117 Tel: 214 - 757 -6113 Fax: 918 - 245 -5M tip1�IL ►11113iT; f 15Key. l4— IT1X*1 PROPOSED PIPELINE CROSSING TX— TARR— TNCI- 006.09 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS PERMANENT EASEMENT "BY' JSS 07/11/06 SCALE; 1' =2W 3 06/11/Ifl JOAI JAIM RENSEO EASEMENT GH ®y Jw os/4 1OO' ZDD SHEET 2 OF 3 2 47/21 SJTM REM ADDED ADDITIONAL 4pRKSRAGE PRO.IECT Ely NEER 1 06/12/08 J55 JMM REN6ED HYY NAME S REV. DATE Br APP. DESCRIPTION APPROVED N 10' UTILITY EASEMENT VOL 10171 PG 1956 Q- y3 pv o� Q� ?� gJ FOUND CAPPED 5/8" IRON ROD STAMPED B L T CITY OF RICHLAND HILLS LOT 1B BLOCK 2 WALKER BRANCH ADDITION VOL 388 -154 PG 22 (SU9D# 49813) EXHIBIT "B" S87'33'29 'E 55.44 TEXAS ELECTRIC SERVICE COMPANY TRACT TX - TARR -TNCI- 007.00 VOL 2844 PG 281 (TR 5A) _ POINT OF BEGINNING S87'33'29' E i 596.10' s a. EAST CORNER FOUND 4 "X 4 ". CONCRETE TESCO ROW MONUMENT I I 7ADDITnIONAL 5 W I 15,380 SF � I 0.353 AC 11 I I 20' PIPELINE ' CORRIDOR li II I Il II Il IV N89 "E CNL INCOME FEC RICHLAND HILLS LLC TRACT TX TARR - TNC1 - 006.04 PORTION OF LOT 3R1 BLOCK 2 WALKER BRANCH ADDITION CAB A SL 3915 INSTR# D206325252 (SUED,, 44w) '51'24 "W 50.00' CITY OF NORTH RICHLAND HILLS TRACT TX- TARR -TNC1- 006.09 VOL 10980 PC 328 {TR 5) FOUND CAPPED IRON ROD NOT LEGIBLE CNL INCOME FEC RICHLAND HILLS LLC WALKER BRANCH ADDIT LOT 4R BLOCK 2 CAB A SLIDE 2941 INSTR# 0206325252 (SUW 44813) A 50 -FOOT ADDITIONAL WORKSPACE ACROSS A PORTION THE PARCEL DESCRIBED IN VOLUME 10980 AT PAGE 328 AND ACROSS A PORTION OF THE 10 -FOOT UTILITY EASEMENT DESCRIBED IN VOLUME 10171 AT PAGE 1956 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE LANDON C. WALKER SURVEY, ABSTRACT NUMBER 1653, BEING DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF SAID PARCEL FROM WHICH ITS NORTHEAST CORNER MONUMENTED BY A FOUND 4" X 4' CONCRETE TESCO RIGHT -OF -WAY MONUMENT BEARS S8733'29 "E 1596.10 FEET; THENCE S23'08'36 "E 295.63 FEET; THENCE 566'51'24 "W 50.00 FEET; THENCE N23'08'36 "W 319.57 FEET TO SAID NORTHERLY BOUNDARY; THENCE ALONG SAID NORTHERLY BOUNDARY 587'33'29 "E 55.44 FEET TO THE POINT OF BEGINNING; CONTAINING 15,380 SQUARE FEET OR 0.353 ACRES. BASS OF BEARI BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL .r GE_r.. AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. TE ' DATE OF SURVEY: 05/20/08 - 07/28/08 7 CFER 0 FOUND IRON ROD 5633 FESSIQ�;Pv MOAK SURV. INC •••• (CM) CONTROL MONUMENT (ASSESSOR'S DATA) `s APPROXIMATE ABSTRACT LINE SEE SHEET 2 FOR EASEMENT INFORMATION Q. DOWNTOWN DESIGN SER ICES, W. 2333 WNNIS DRIVE, SUITE F H1400111ill CITY, TX 76117 Tel: 214 - 757 -6113 Fax: 918-245-6M www.downtown- doWan.com 3 C6 /11 /I13 JOAI )AIM REMSED EASEMENT 2 $7/21/10 SJTM PEN ADDED ADDITIONAL WORKSPACE 1 06/12/06 JSS JMM REMSED HYY NAME REV. DATE Br APP. DESCRIPTION TODD FINCHER R.P.L.S. NO. 5633 DATE OF SIGNATURE: 08/11/10 COMBINED SCALE FACTOR: 1.00014 TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TX- TARR -TNC1- 006.09 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS ADDITIONAL WORKSPACE JSS 07/11/06 SCALE: 1' =2W )Ili p8/07/0® 0 1fl0' 200 DICK FARAM PARK EXHIBITS EXHIBIT N O M REVES TRACT TX— TARR —BUCJ -070.81 VOL 16474 PG 120 LOT 2 BLOCK 5 GLENANN 0 1D 0 ADW71ON VOL 388 -124 PG 1 y 0 (SVS0# 39720) CITY OF NORTH P40LAND HILLS TRACT TX —TARR— UCJ- 072.00 VOL 14758 PG 392 A PORTION OF LOT T3& M SMITHFIELD ADDITION VOL 56 PG 494 y 0 (SVS0# 39720) �a op AARON & EILEEN MLLER TRACT TX— TARR —BUCJ- 071.00 VOL 15180 PG 723 LOT 3 BLOCK 5 GLENANN ADDITION VIOL 388 -124 PG 14 (suave 155so) CITY OF NORTH RICHLAND HILLS VOL 16534 PG 382 (suml 1553o) I I I I CITY OF NORTH RICELAND HIS TRACT TX— TARR —BUCJ -072.00 VOL 14759 P 385 BLOCK ADDITION M SMITHFIELD M SMITHFIELD y f VOL 55 PG 494 9h p (51160# 39120) +�vy y I I CLFFORD LAND COMPANY LLC TRACT IX— TAM— BUCJ- 072.00.01- 073.G0- 074.00 BRIAR POINTE VILLAS W CAB A SLIDE 12448 > (3UBDI 39120) _ Q+ N O W - - - - - - TOMMY do BONNE HICKS - - - - - - Z' 0 4 T X— TRACT TARR —BUCJ- 072.01 ,�^3� .� VOL 7914 PG 51 0 C REMAINDER OF LOT 3 BLOCK M O O f�,'L = 0 SMITHFIELD ADDITION � cc VOL 56 PG 494 (SUBDJ 39V20J a MAIN STREET (ROW VARIES) TE BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. 5633 (CM) CONTROL MONUMENT zw (ASSESSOR'S DA APPROXIMATE ABSTRACT LINE V; / 52871'ACTIVEe187107355\DRAWING\ 295 -BVCJ\EXHIBITS107355V -295 -EXHIBIT- 072.00.DWG 0 l DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F 14600M CITY, TX 76117 Tel: 214 - 757 -6113 Fax: 918 - 245 -5006 TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CRDSSING TRACT Tx- TARR -BUCJ- 072.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS BURSEY TO CARDINAL JUNCTION SRAM, ON BY 09/10/10 SCALE; 1 =1tiO CHECKED TF pg. /10/10 BY 0 50' 100' PR OJECT N EN NEER REYISEO EASEMENT SHEAR CTIO b EA DESCRIPTION APPROVED SHEET 1 OF 5 '��I'• • %• • •r (CM) CONTROL MONUMENT (ASSESSOR'S DA APPROXIMATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.000147269 V; / 52871' ACTIVE\ 187107355\ DRAWING \295 -BVCJ\EXHI9ITS107355V -295 -EXHI9IT- 072 -00 -DWG EXHIBIT "A" N OQ YY POINT OF BEGINNING FOUND 1" -# 1 51.81 RDS IRON ROD X4 0 P sr, �J� EASEMENT AREA SD'33'36" E 0.491 AG 30.52' al , y I PROPOSED PIPELINE CROSSING TRACT TX— TARR — BUCJ- 072,00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS PERMANENT EASEMENT BURSEY TO CARDINAL JUNCTION �p�` Q ' 12fi,fi49 SF CLIFFORD LAND COMPANY LLC �E NIA NIA TRACT TX— TARR — BUCJ - 072.00.01- 073.00- 074.00 BRIAR POINTE VILLAS �� CAB A SLIDE 12448 (SUB301 39120) r KENT / `Q4 BY EASEMENT ✓ 21,373 SF /+ 08/10/10 / ,fG per '► o CH ® °0 PROJECT EN WEER S ECTIO N HEAD APPROVED 0.491 AC / P9/ 0 50' 10D' SHEET 2 OF 5 1 8/10/1 JOM TF D REV. BATE BY APP. oESOR TEMPORARY (CM) > #� / WORKSPACE FOUND 1/2 IRON ROD f CITY OF NORTH RICHLAND HILLS TRACT TX TARR — BUCJ - 072.00 Q VOL 14759 PG 385 tr) r _ LOT 2 -4 & 23 BLOCK M 7 � SMITHFIELD ADDITION �a +��� 7 VOL 56 PG 494 �h p (SUeoI 39720) P + (CM) FOUND 1/2"' �' - 0 w CITY OF NORTH A IRON ROD � P RICHLAND HILLS WITH PLASTIC z o TRACT TX- TARR -BUCJ- 072.00 VOL 14759 PG 392 .� CAP 1 N I A PORTION OF LOT 3& 4 BLOCK M SMITHFIELD ADDITION I VOL 56 PG 494 W I (SURDI 39120) 7 NO'33'42 - E I F9 y 40.03' SO'33'42 "W O W - -- -- 40.39 -- - -- - -- - -- Z OC ry N89'2fi'18 ° W I P ^ .j�' J�'� a 25.00' I i O 0, O FOUND 1/2 MAIN STREET [CMJ IRON ROD (ROW VARIES) TOMMY &BONNIE HICKS I TRACT TX— TARR — BUCJ - 072.01 VOL 7914 PG 81 REMAINDER OF LOT 3 BLOCK M SMITHFIELD ADDITION VOL 56 PG 494 �15TL y9 (SUBUf 39120) o• 7CIDp �•• ..... ......, 33 ,� 5633 s '��I'• • %• • •r (CM) CONTROL MONUMENT (ASSESSOR'S DA APPROXIMATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.000147269 V; / 52871' ACTIVE\ 187107355\ DRAWING \295 -BVCJ\EXHI9ITS107355V -295 -EXHI9IT- 072 -00 -DWG EASEMENT TABLE TEXAS MIDSTREAM GAS SERVICES CENTERLINE LENGTH 854.90 FT 1 51.81 RDS EASEMENT AREA 21,373 SF 0.491 AG PROPOSED PIPELINE CROSSING TRACT TX— TARR — BUCJ- 072,00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS PERMANENT EASEMENT BURSEY TO CARDINAL JUNCTION TEMP. WORKSPACE 12fi,fi49 SF 2 -907 AG ADD'L WORKSPACE NIA NIA ry�y. �� ST] .�,/ W I " OESIM DOWNN , W . 2333 WNNIS ORK SUITE F I)III NALT M, TX 7611 Tel: 214- 757 -6113 Fax: 918- 2 45�Lry,Q LTL ..�7WFFwV www d o nitown —doW .co111 BY JDM 08/10/10 SCALE; 1' =1W` CH ® °0 PROJECT EN WEER S ECTIO N HEAD APPROVED TF P9/ 0 50' 10D' SHEET 2 OF 5 1 8/10/1 JOM TF REY SED EASEMENT REV. BATE BY APP. oESOR N EXHIBIT "A" h am; I� A 25 —FOOT PERMANENT EASEMENT ACROSS A PORTION OF LOTS 2, 3, AND 4 BLOCK M S ADDITION AS DESCRIBED IN VOLUME 56 AT PAGE 494 ALSO DESCRIBED IN VOLUME 14759 AT PAGE 385 AND ALSO ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 14759 AT PAGE 392 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE TANDY K MARTIN SURVEY, ABSTRACT NUMBER 1055, AND THE FRANKLIN WOOD SURVEY, ABSTRACT NUMBER 1625 DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHEAST CORNER OF THE PARCEL DESCRIBED IN VOLUME 14759 AT PAGE 385 MONUMENTED BY A FOUND 1 INCH IRON ROD; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL SO'33'36 "E 30.52 FEET; THENCE PARALLEL WITH AND 25 —FEET SOUTHERLY AND EASTERLY FROM THE NORTHERLY AND WESTERLY BOUNDARIES OF THE PARCEL DESCRIBED IN VOLUME 14759 AT PAGE 385 AND THE PARCEL DESCRIBED IN VOLUME 14759 AT PAGE 392 THE FOLLOWING FOUR (4) COURSES: 1. THENCE S54'26'25 "W 422.86 FEET; 2. THENCE 544'41'33 "W 135.40 FEET; 3. THENCE S1'06'18 "E 235.17 FEET; 4. THENCE SO'33'42 "W 40.39 FEET; THENCE N89'26'18 "W 25.00 FEET TO THE WESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 14759 AT PAGE 385 FROM WHICH ITS SOUTHWEST CORNER MONUMENTED BY A FOUND 1/2' IRON ROD BEARS SO'33'42 "W 116.08 FEET; THENCE ALONG THE WESTERLY AND NORTHERLY BOUNDARIES OF THE PARCEL DESCRIBED IN VOLUME 14759 AT PAGE 385 AND THE PARCEL DESCRIBED IN VOLUME 14759 AT PAGE 392 THE FOLLOWING FOUR (4) COURSES: 1. THENCE ND'33'42 "E 40.03 FEET; 2, THENCE N1'06'18 "W 245.36 FEET TO THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN VOLUME 14759 AT PAGE 392 MONUMENTED BY A FOUND 1/2" IRON ROD; 3. THENCE N44'41'33 "E 148,09 FEET; 4. THENCE N54'26'25 "E 442.50 FEET TO THE POINT OF BEGINNING; CONTAINING 21,373 SQUARE FEET OR 0.491 ACRES. TE • •••• ' (GM) CONTROL MONUMENT (ASSESSOR'S D A T A) APPROAMATE ABSTRACT LINE V; /52871'ACTIVEe 187107355'+ DRAWING\ 295 -BVCJ\ EXHIBITS 107355V -295--EkHIBIT_072.00.DWG TEXAS MIDSTREAM GAS SERVICES SEE SWEET 2 FOR PROPOSED PIPELINE CROSSING TRACT TX— TARR — BUCJ - 672.00 EASEMENT INFORMATION CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS PROPERTY DESCRIPTION i — _ BURSEY TO CARDINAL JUNCTION D BY N JDM 68/10/10 SCALE: 1' = N/A ry�y. �� ST] DOWNN , W. I " OES16 2333 F CH®ED TF oe/10/10 � � g II y N � NIIS � O � RIVE, +�6 SUITE HIAL71]IIl 1Al . TX I117 PRO.IECT Tel: 214- 757 -6113 ENGI NEER 1 8/10/1 JOM TF REY SED EASEMENT Fax: 91 p_e�.5 — Zry,Q LTLT✓— .�7WFV SECTION HEA REV. DATE er APP. DE90RIPTION www d o nitown— deeianxarn APP ROVED SHEET 3 OF 5 EXHIBIT "B" N J I {CM] I O -#y NO'33'35 "w , FOUND 1" 30.52' IRON ROD X4 0 P # 1 POINT OF BEGINNING lb m o CLIFFORD LAND COMPANY LLC TRACT 5� y IN T1(- TARR -BUCJ- 072.00.01 - 073.00- 074.00 BRIAR POINTE VILLAS �y�'` CAB A SLIDE 12448 1 (SUB301 39120) N ' `gl R� I TY OF R HILLS TRACT TX- TARR -BUCJ- 072.00 VOL 14759 PG 392 P OF L OT & BLOCK M t1 SMITHFIELD ADDITION y 6 Sj 1x� VOL 56 PG 494 (CM) FOUND 1/2" IRON ROD CITY OF NORTH RICHLAND HILLS TRACT TX -TARR- BUCJ -072.00 TEMPORARY VOL 14759 PG 385 WORKSPACE LOT 2 -4 & 23 BLOCK M 126,649 SF SMITHFIELD ADDITION y� n 2.907 AC VOL 56 PG 494 �h pQ` (SUOD f 39120) (CM) 3 ova J FOUND 1/2" r IRON ROD a X55'32'43" �� NTH PLASTIC a R- 150.00' CAP i 25' w L= 145.42' PERMANENT c2 CB- S26'40'04 "W EASEMENT CH= 139.79' 1 NO'33'42 'E W 40.39' En 7 00 uz O W o - -- ZR _ 0 dc 3 w �► C?� O 589'26'18 "E N �0 0;�'t 0 25.00' M �. oc 0 v p Q- gJ a 0 z S88 52 - 34 "W 175.08' (CM] F OUND 1/2 IRON ROD MAIN STREET (ROW VARIES) TOMMY &BONNIE HICKS I TRACT T><- TARR - BUCJ - 072.01 VOL 7914 PG 81 REMAINDER OF LOT 3 BLOCK M SMITHFIELD ADDITION VOL 56 PG 494 ��5TE y9 (SUBQf 39120) o• TODD CHER 5633 �; ' • •••• (CM) CONTROL MONUMENT (ASSESSOR'S DA APPROXIMATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.000147269 V; \ 52871\ ACTIVE \187107355\DRAWINC \295 -BVCJ\EXHI91TS\07M5V -295 -EXHI9IT- 072 -00 -DWG TEXAS MIDSTREAM GAS SERVICES SEE SWEET 2 FOR PROPOSED PIPELINE CROSSING TRACT TX- TARR- BUCJ - 072.00 EASEMENT INFORMATION CITY OF NORTH RICHLAND HILLS COUNTY OF TRR STATE TEXAS TEMPORRARY Y WORKSPACE BURSEY TO CARDINAL JUNCTION D"Y"" LCM 08 SCALE; 1 DOWNTOWN DESIGN SOMES, W. 2333 F CH ®� TF oer1v10 � r � g ll y N � NIIS � O � RIV y E, +� S p UITE I�1WN 1A1 i, TX IV117 PRO.IECT 50 1�� Tel: 214- 757 -6113 ENGI NEER 1 810/1 JOM TF REY SED EASEMENT Fax: 918- 2 45�Lry,Q LTL ..�7WFFwV S ECTIO N HEAD REV. DATE er A PP. DESOR aN www dowrib rm -daii .co111 ED AP SHEET 4 OF 5 N EXHIBIT "B" 10 A TEMPORARY WORKSPACE ACROSS A PORTION OF LOTS 2, 3, AND 4 BLOCK M SMITHFIELD ADDITION AS DESCRIBED IN VOLUME 56 AT PAGE 494 ALSO DESCRIBED IN VOLUME 14759 AT PAGE 385 AND ALSO ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 14759 AT PAGE 392 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE TANDY K MARTIN SURVEY, ABSTRACT NUMBER 1055, AND THE FRANKLIN WOOD SURVEY. ABSTRACT NUMBER 1625 DESCRIBED AS FOLLOWS; BEGINNING ON THE EASTERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 14759 AT PAGE 385 FROM WHICH ITS NORTHEAST CORNER MONUMENTED BY A FOUND 1 INCH IRON ROD BEARS NO'33'36 "W 30.52 FEET: THENCE ALONG SAID EASTERLY BOUNDARY SO'33'36 "E 183.12 FEET; THENCE PARALLEL WITH AND 175 -FEET SOUTHERLY FROM THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 14759 AT PAGE 385 AND THE PARCEL DESCRIBED IN VOLUME 14759 AT PACE 392 S54'26'25"W 277.56 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 55'32'43 ", RADIUS OF 150.00 FEET, ARC LENGTH OF 145.42 FEET, THE CHORD OF WHICH BEARS S26'40'04 ° W 139.79 FEET; THENCE PARALLEL WITH AND 175 -FEET EASTERLY FROM THE WESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 14759 AT PAGE 385 AND THE PARCEL DESCRIBED IN VOLUME 14759 AT PAGE 392 THE FOLLOWING TWO (2) COURSES: 1. THENCE S1'06'18 "E 107.16 FEET; 2. THENCE SO'33'42 "W 153.51 FEET TO THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 14759 AT PAGE 385; THENCE ALONG SAID SOUTHERLY BOUNDARY S88'52'34 "W 175.08 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL MONUMENTED BY A FOUND 1/2 IRON ROD; THENCE ALONG THE WESTERLY BOUNDARY OF SAID PARCEL NO'33'42 "E 116.08 FEET; THENCE S89'26'18 "E 25.00 FEET; THENCE PARALLEL WITH AND 25 -FEET EASTERLY AND SOUTHERLY FROM THE WESTERLY AND NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 14759 AT PAGE 385 AND THE PARCEL DESCRIBED IN VOLUME 14759 AT PAGE 392 THE FOLLOWING FOUR (4) COURSES: 1. THENCE NO'33'42 "E 40.39 FEET: 2. THENCE N1 *06'18 "W 235.17 FEET; 3. THENCE N44'41'33 "E 135.40 FEET; 4. THENCE N54'26'25 "E 422.86 FEET TO THE POINT OF BEGINNING: CONTAINING 126,649 SQUARE FEET OR 2.907 ACRES, BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. � jST ' DATE OF SURVEY: o• TODD RNCHER 07/28/09 - 11/21/09 R.P.L.S. NO. 5633 TODD CFE4t000 DATE OF SIGNATURE: 08/10/10 �•• 5633 551 - • ••• ' (DM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROAMATE ABSTRACT LINE V; \52871\ACTIVEe 187107355'+ DRAWING\ 295-BVCJ\ EXHI9 1TS107355V -295 -EkHI91T_072.00.DWG TEXAS MIDSTREAM GAS SERVICES SEE SWEET 2 FOR PROPOSED PIPELINE CROSSING TRACT TX- TARR -BUCJ- 072.00 EASEMENT INFORMATION CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS WORKSPACE DESCRIPTION BURSEY TO CARDINAL JUNCTION D BY N JDM 08/10/10 SCALE; 1' = N/A ���y. N DM DOWINM N ST]t ES, W. 2333 I� SUITE F 0H ®ED TF oe/ NALTI)Irl 1A1 i. TX 76117 Tel: 214- 757 -6113 PROJECT ENGI NEER 1 8/10/1 JDM TF REY SED EASEMENT 7 LTL .J7WWFwV Fax: 918-245-6M SECTION HEA REV. DATE er APP. DESORIPTION www d o nitolwn— deeianxarn APP ROVED SHEET 5 OF 5 AMUNDSON WATER TOWER EXHIBTS N cmn i o" o* � J KENT R & MARLYN S COOLEY TRACT TX— TARR —BUCJ- 05100 VOL 17047 PG 52 LOT 1 BLOCK 1 COOLEY ADDITION \\ CAB B SLIDE 2878 (susa� ams) EXHIBIT ALISON MOSELEY TRACT TX— TARR —B UCJ- 051.00 INN TR/I D204156750 (7R 2E) CITY OF NORTH RICHLAND HILLS TRACT TX— TARR —BUCJ- 052.00 VOL 5175 PG 137 (TR 2t) 'i` �t1 g J CITY OF NORTH RICHLAND HILLS (TR 2s) RANDY AND GI BURTON LOT 1 BLK 1 WALLING ADDITION VOL 388 -218 PG 91 VOL 9505 PG 951 (SU& p 44925) PAUL W GORBET MARY J & DANEL MUNO2 TRACT TX— TARR -9UCJ- 054.05 INSTR# D204369736 VOL 13932 PG 401 (TR 2U) (TR 2) rG\STL d` ,...... BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE OD ER NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. ` (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROMMATE AWMACT LINE V. 452871 /ACTIVE\\ 871073551 DRAWING /295-J3lICJ\EXH IB IT5/07355V_295-EXH IBI T_0520O.AWG PERRY & DONNA WNW TRACT TX— TARR— BUCJ- 049.00 INSTR� D2063B�0989 TEXAS MIDSTREAM GAS SERVICES WT 1 BLO CK 1 C Li ; CAB A SLIDE 110897 (W801 7493) PROPOSED PIPELINE CROSSING TRACT Tx— TARR— BUCJ- 052.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS BURSEY TO CARDINAL JUNCTION NA \ ALISON MOSELEY TRACT TX— TARR —B UCJ- 051.00 INN TR/I D204156750 (7R 2E) CITY OF NORTH RICHLAND HILLS TRACT TX— TARR —BUCJ- 052.00 VOL 5175 PG 137 (TR 2t) 'i` �t1 g J CITY OF NORTH RICHLAND HILLS (TR 2s) RANDY AND GI BURTON LOT 1 BLK 1 WALLING ADDITION VOL 388 -218 PG 91 VOL 9505 PG 951 (SU& p 44925) PAUL W GORBET MARY J & DANEL MUNO2 TRACT TX— TARR -9UCJ- 054.05 INSTR# D204369736 VOL 13932 PG 401 (TR 2U) (TR 2) rG\STL d` ,...... BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE OD ER NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. ` (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROMMATE AWMACT LINE V. 452871 /ACTIVE\\ 871073551 DRAWING /295-J3lICJ\EXH IB IT5/07355V_295-EXH IBI T_0520O.AWG TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT Tx— TARR— BUCJ- 052.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS BURSEY TO CARDINAL JUNCTION �„ � ��' „ L��__] DOWNTM DESIGN SERVICES, INC. 2333 INNS DRIVE, SUITE F WTOM CITY, TX 76117 Td: 214- 757 -6113 Fax: 918-245-50015 n.com D RAM B y ass 00/10/10 sca E: r" =rpD CH CKM PROLEC ENDING SECTION APPROVED sy TF 00/10/10 50' 100' SHEET 1 OF 3 1 08/10/10 JSS TF DDS EXHIBIT REV. BATE BY APO, DESCRIPTION EXHIBIT N Z` 53341'11 "E 25.01' ALISON MOSELEY TRACT TX— TARR —BUCJ- 051.00 INSTR# D20920398 ovs�•p*1 INSTR# D204156750 (TR 2E) a' � eke �`L 25' PERMANENT EASEMENT 6,003 SF tk 0.138 AC POINT OF IN BEGINNING 5� (CM) FOUND 3/4" IRON ROD N3316'43 "W CITY OF NORTH RICHLAND HILLS �<" TRACT TX— TARR —DUCJ- 052.00 25.02' t� VOL 5175 PG 137 C (TR 2L) S KENT R & MARILYN S COOLEY TRACT TX— TARR —BUCJ- 053.00 VOL 17047 PG 52 LOT 1 BLOCK 1 COOLEY ADDITION CAB B SLIDE 2878 y (SUBDI �O J44 FOUND 1/2" (CM) IRON ROD 015TE •� d• • TODD ER 5833 'yid • (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROMMATE AWMACT LINE COMBINED SCALE FACTOR: 1.000147269 V. 5528711ACTIVE\l B7107355\DRA WING/295-J311CJ\EXH IB IT5/07355 V_295 -EXH IBI T_052 0O.D WG EASEMENT TABLE TEXAS MIDSTREAM GAS SERVICES ENTERLINE LENGTH 1 225,88'1 13.69 RDS EASEMENT AREA 6,003 SF 0.138 AO PROPOSED PIPELINE CROSSING TRACT TX— TARR — BUCJ - 052.00 CITY OF NORTH RICHLAND HILLS COUNTY OF TA STATE TEXAS PERMANENT ENT EASEMENT TEMP - WORKSPACE N/A M/A ADVL, WORKSPACE I N/A N/A BURSEY TO CARDINAL JUNCTION DOWNTOWN DEMN SERA= INC. D R A M r ,1SS os/10/10 %AU: * =se 2333 M MNS DRIVE, SUITE F C : TF 0/10/10 I1ALTOM CITY, TX 76117 CT a 25' Sa' Td: 214- 757 -6113 1 08/16/10 JSS TF DDS EXHIBIT Fax: 918 - 245 -5M S ECTION REV. DATE BY APO, DESCRIPTION w n.com APPROVED SHEET 2 OF 3 N EXHIBIT i' A 25 —FOOT PERMANENT EASEMENT ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 5175 AT PAGE 137 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE TANDY K MARTIN SURVEY, ABSTRACT 1055, DESCRIBED AS FOLLOWS; BEGINNING AT THE WEST CORNER OF SAID PARCEL MONUMENTED BY A FOUND 3/4" IRON ROD; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID PARCEL N54'27'48 "E 240.04 FEET TO THE NORTH CORNER OF SAID PARCEL: THENCE ALONG THE NORTHEASTERLY BOUNDARY OF SAID PARCEL S33'41'11 "E 25.01 FEET, THENCE PARALLEL WITH AND 25.00 FEET SOUTHEASTERLY FROM THE NORTHWESTERLY BOUNDARY OF SAID PARCEL S54'27'48 "W 240.22 FEET TO THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID SOUTHWESTERLY BOUNDARY N33'16'43 "W 25.02 FEET TO THE POINT OF BEGINNING„ CONTAINING 6,003 SQUARE FEET OR 0.138 ACRES. BASIS OF BEARNC% BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 63 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. DATE OF SURVEY: mr T7 .5 07/28/09- 06/03/10 TODD RNCHER R.P.L.S. N0. 5533 DATE OF SIGNATURE: DS /10/10 ` (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROYIMATE AWMACT LINE COMBINED SCALE FACTOR: 1.000147269 V. 452871 /ACTIVE\\ B71073551DRAKNG/295-J3lICJ\EXH IB IT5/07355Y_295—EXH IBI T_0520Q.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR PROPOSED PIPELINE CROSSING TRACT TX— TARR —BUCJ- 052.00 EASEMENT INFORMATION CITY OF NORTH RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS PROPERTY DESCRIPTION BURSEY TO CARDINAL JUNCTION DOWNTOWN DESIGN SE RVI= INC. D RAM B y ass aa/ro/la 2333 OHS DRIVE, SUITE F KALTOM CITY, TX 76117 CH I � PROJECT TF 00/10/10 Td: 214- 757 -6113 ENGINE 1 08/16/10 JSS TF 009 EXHIBIT Fax: 918 - 245 -5M SECTION REV. DATE BY APO, DESCRIPTION n.com APPROVED SHEET 3 OF 3 t bULF L "UUKbh (nortn of Loop UZU) EXHIL5115 EXHIBIT - 7 ^ —a - 9 ° 10 k 33R/ 34R CITY OF NORTH RICHLAND HILLS VOL 9459 PG 83 (TR 2901, (7P 2For) BLOCK 3 MEADOWL.AKES VILLAS CAB B SL 1907 l COMPANY TWO LLC PART OF LOT 1 BLOCK 1 IRON HORSE ADDITION CAB A SL 6180 INSTR; D207319201 (sueD 213rsa -r -rs) 11 SCALE; 1' -2D0' 12 PEM 05/!9/10 13 Cj �� 1JCENSE AREA PRD.ECP ENpHEER 14 REVISE EASEkENT SECTMN READ 15 CITY OF NORTH RICHLAND HILLS As 18 T RACT TX- TARR- NRCJ- 009.00 VOL 551 PG 531 (TR 2AA1A) 17 , Q C9 18 YOLANDA GARCIA TRACT TX-- TARR -NRCJ -08&00 n LOT 22 BLOCK 7 -R PARK VIEW HILLS SECTION It 19 VOL 388 -107 PG 19 U� ti 20 / VOL 13910 PG 76 �. - 21 m (SUBDor 3 }785- 7R -22) i / 14IG14WAY 82n PAUL �E.MJINFIEL�� BASIS OF BEARING" THE WESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 5451 AT PAGE 531 OF THE TARRANT COUNTY RECORDS BEARS A •55 2 N0011'41 "W (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4242 ZONE. (CM) CONTROL MONUMENT (ASSESSM S DATA) -Of -jo APPROAMATE ABSTRACT LINE V:`52871\ACTT VE/F 67107355 \DRAWN 0\296N RCJ\EXHI BI T510355V- 296 -ExH1 gI T- DO9.00. DWG TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CR0551NG TRACT TX- TARR- NRCJ- 009.00 CITY OF RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS I NORTH RICHLAND HILLS TO CARDINAL JUNCTION DOWNTfIN IN DESI SERVICES. INC. Stantec Consu[ring Inc. 2830 SE to 820 2 06 /01/10 FL W.-U& T% 16140 . 1N. 817.293.1910 1 05/19/10 Pae. 817.293.1090 ... .w- rtR.Heawm qEW, nw1E BY SJN 05/18/10 SCALE; 1' -2D0' CHECKED By PEM 05/!9/10 0 100' 200' SHEET OF 3 1JCENSE AREA PRD.ECP ENpHEER REVISE EASEkENT SECTMN READ ❑ESCHBP'tlo- AMR0VE0 EXHIBIT 7 33R j 34R CITY OF NORTH RICHLAND HILLS a VOL 9459 PG 83 1 COMPANY TAO LLC _$ 9 (TR 2BO9. (7R 2F01) HART OF LOT 1 BLOCK 1 - -Q BLOCK 3 IRON HORSE ADDITION 10 MEADOWLAKES VILLAS CAB A SL 6180 CAB 8 SL 1907 INSTR 0207319201 _ M (SUBDI 213168 -I -re) 11 (CM) 12 — Z 135 X14. �C3 14 v�'i �� �J�'� I 15 z CITY OF NORTH RICHLAND HILLS � 8fl . `� — -_ ¢ TRACT TX- TARR -NRCJ- 009.00 m p . p 36 3 VOL 5451 PG 531 C:��d (TR 2AO1A) �qCS 17 W p — - a Fn YOLANDA GARCIA �h^ 18 m TRACT TX- TARR -NRCJ- 008.00 LOT 22 BLOCK 7 -R A:� 19 PARK VIEW HILLS SECTION II POINT OF .V VOL 388 -107 PG 19 A--03'29'42" TERMINUS 20 U VOL 13910 PG 76 R= 2000.00' pP - o (sueo� s17as- 7R -22) L- 122.00' 21 m CH8 =NB4'51'40 "E o° (CM) NOO'11 °41 'W CHL= 121.98' 121.80' N86'36'31 "E 47 E 257 HIGHWAY 820 (CM) {CM) 533'49'08 'W POINT OF 20' LICENSE AREA 45.81' BEGINNING 17,594 SFt 0.404 ACt y: RFo M FG .S • FOUND 1" IRON ROD PAUL E. MANNIH * + FOUND 5/8" YELLOW PLASTIC CAP RPLS 3752 • L FOUND 3" BRASS CAP TX DOT -. � ;�,�•'_ r: •01- �o (CM) carvlltoL uaauuENT (ASSESSORS DATA) APPR010MA7E ABSIRACT LANE COMBINED SCALE FACTOR: 1.000147269 V: 152571 \ACTIVE\1 8 710 7355\DRAW NG `,296 —NR CJ/EXH IBITS107355V -296- ZXHIBIT- 009.00.0 WG EASEMENT TABLE TEXAS MIDSTREAM GAS SERVICES CCI47A1JNE LENGTH 878.65 FT 5131 RDS LICENSE AREA 17,594 SF 0.404 AC PROPOSED PIPELINE CROMNC TRACT TX- TARR - NRCJ - 009.00 CITY OF RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS TEMP. WORKSPACE N/A N/A ADD'L WORKSPACE NIA N/A LICENSE AREA NORTH RICHLAND HILLS TO CARDINAL JUN 110N D RAW SJN 05/19110 SCALE: i ..20o DOWNTOWN DESIGN SERVICES, INC. CHD'KW 9Y PRQVCT ENddffIIi PEN 05/19/19 4 100' 200' Stantec Consulting Inc. I— SE Loop 71x1 7B1i0 2 05/°1/io ,IMM PEM LICENSE AREA 5 OS 9 70 / SJTSI PEM REINSE EASEMENT T. M Td . E1V,. 7.291 993ll Fox. 917.283.1760 SECTION K REv DATE er APP. or= scaiienoN •'•••.r""�°°.°°•" ,apP orcn WE:T 2 OF 3 .mIL'3ll A 20 -FOOT LJCENSE AREA ACROSS A PORTION OF A PARCEL DESCRIBED IN VOLUME 5451 AT PAGE 531 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE TELJTHA AKERS SURVEY, ABSTRACT 19, 10.00 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE: BEGINNING ON THE WESTERLY BOUNDARY OF SAID PARCEL FROM WHICH A FOUND 1" IRON ROD ON LINE BEARS N0011'41 "W 121.50 FEET; THENCE NS3'06'49 "E 287.35 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2000.00 FEET AND THE CHORD OF WHICH BEARS N84'51'40 "E 121.98 FEET; THENCE ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 03"29'42" AND AN ARC LENGTH OF 122.00 FEET; THENCE N8636'31 "E 470.33 TO THE POINT OF TERMINUS ON THE WESTERLY RIGHT OF WAY LINE DESCRIBED IN VOLUME 10146 AT PAGE 640 FROM WHICH A FOUND 3" BRASS CAP TX DOT BEARS 533'49'08 "W 45.81 FEET; THE SIDELINES OF SAID LICENSE AREA SHALL 3E PROLONGED OR SHORTENED TO MEET AT ANGLE POINT INTERSECTIONS AND TO COMMENCE AT THE WESTERLY BOUNDARY AND TERMINATE AT THE EASTERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 5451 AT PAGE 531 TO ELIMINATE ANY GAPS OR OVERLAPS; CONTAINING AN AREA OF 17,594 SQUARE FEET OR 0.404 ACRES, MORE OR LESS. BASIS OF BEARING. THE WESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 5451 AT PAGE 531 OF THE TARRANT COUNTY RECORDS BEARS NOO'11'41 "W (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, 1 DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. DATE OF SURVEY: 07/30/09 - 05/17/10 / PAUL E. MANNEL REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5533 DATE OF SIGNATURE: 4 -41 _ zgwp OF PAUL E. MAAMNEL +' .�5533 a v { , y � I!. 551 ." _�'''��'( (CM) CONT{201_ MONUMENT (ASSCSSMS DATA) APPROMMATE ABSTRACT LINE V: ,52d71 /ACTIVE/1$7107355`O R AWl NG,295 —N RCS/ E: MHIS [TS'\Q7355V -295 —E%HI61T_Q09.QOAWG SEE SHEET 2 FOR EASEMENT INFORMATION 00 DOWNTOWN DESIGN SERVICES, INC. uL Stantec Consulting Inc. 2830 SE Low 6T9 2 06/91 /10 ,TAM PEA! DCETJSE AREA PL Ylate, ik 7E140 . T.L 817.293.1910 1 05/49 /10 5JTM PEN I REVISE EASEMENT F". 8s7.293.1990 REV. I DATE I BY I APP. DESC PT- TEXAS MIDSTREAM GAS SERVICES PROPOSED -IPEINE CROSSING TRACT TX- TARR -NRCJ- 009.00 CITY OF RICHLAND HILLS COUNTY OF TARRANT, STATE OF TEXAS PROPERTY DESCRIPTION NORTH RICHLAND HILLS TO CARDINAL JUNCTION 05/19/1D SCALE: 1' — N/A 5HEET 3 Of 3 CITY OF NORTH RICHLAND HILLS Department: Economic Development Presented by: Craig Hulse Council Meeting Date: 8 -23 -2010 Agenda No. F.3 Subject: GN 2010 -064 Consider Appointments to the Economic Development Advisory Committee Summary The Economic Development Advisory Committee has five members whose terms expire in August 2010. Of the five members, three have expressed their willingness to continue service with a recommendation of two new members. General Description In 1998 Council created this Committee as a way to maintain good communications with existing employers while providing feedback to Economic Development staff on key topics that impact local businesses and the local economy. Members consist of ten business leaders that serve staggered, two year terms. The Economic Development Department recommends that Council consider the reappointment of: Cindy Brewington - Edward Jones Randy Moresi - North Hills Hospital Mark Sanders - Bates Container The Economic Development Department also recommends the following new Committee members: Ben Gayton - Home Depot Loop 820 (replacing previous Home Depot Manager) Mark Wood — Howe/Wood & Company (replacing Dan Quinto of Roaring Brook Development) Recommendation Approve the reappointment of Ms. Cindy Brewington, Mr. Randy Moresi, Mr. Mark Sanders and the appointment of Mr. Ben Gayton of Home Depot and Mr. Mark Wood of Howe/Wood & Company. All five appointments will expire August 2012. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 8 -23 -2010 Agenda No. FA Subject: GN 2010 -042 Appointments to Boards & Commissions Summary Council is being asked to approve the nominations to the Boards & Commissions. General Description The terms of office for the individuals serving on the Boards and Commissions in Places 2, 4, 6 and Alternate 1 Ex Officio have expired. In addition the Place 3 position on the Keep North Richland Hills Beautiful Commission has been vacated. For the boards listed below, Chapter 2, Article III, Section 2 -121c of the Code of Ordinances states that the City Council will act upon Council member nominations. The following nominations have been submitted for Council consideration at this time: Keep North Richland Hills Beautiful Commission Place 2 Place 3 Place 6 Alternate Board of Adjustment Terry Higgs Justin Welborn Kathy Luppy Perry Christensen Place 2 (Alternate) Brian Crowson Place 6 Bill Gibbs Library Board Place 2 David Nelson Place 6 Mike Madar Alternate Kathy Antropik Park and Recreation Board Place 2 Sixto "Tito' Rodriguez Place 6 Jay Crane Alternate Tracye Tipps Planning & Zoning Commission and Capital Improvement Advisory Committee Place 2 Mike Benton Place 6 Bill Schopper Ex Officio Kathy Luppy Substandard Building Board Place 2 Thomas Moreau Place 6 Brian Crowson Teen Court Advisory Board Place 2 Janet Golightly Place 6 Karen Russell The Place 4 nominations are not yet complete and Council will be advised of these nominations at the Council meeting. The terms of office for Places 2, 4, 6 and Alternates/Ex Officios will expire June 30, 2612 and term of office for the appointment to Place 3 will expire June 30, 2011. Recommendation: To take action on City Council member nominations to the Boards & Commissions. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 8 -23 -2010 Agenda No. F.5 Subject: GN 2010 -043 Appointments to Park and Recreation Facilities Development Corporation - Places 1, 3, 5 and 7 Summary Council is being asked to approve four appointments to the Park and Recreation Facilities Development Corporation. General Description The terms of office for the Board Members serving in Places 1, 3, 5 and 7 on the Park and Recreation Facilities Development Corporation expired on May 1, 2010. The Corporation's Articles of Incorporation and Bylaws state that appointments to the Board of Directors are to be made by the City Council and that Places 1 -4 are designated for Council Member Directors and Places 5 -7 are designated for Citizen Member Directors. Because of the purpose of this Board, practice has been to select current members of the Park and Recreation Board to serve as the citizen members on this Board. The places with expired terms are: Place 1 - Council Member Director (Councilman Whitson - incumbent) Place 3 - Council Member Director (Mayor Trevino - incumbent) Place 5 Citizen Member Director (Park Board Member Tracye Tipps — incumbent) Place 7 Citizen Member Director (Park Board Member Brad Greene — incumbent) Other board members whose terms have not expired are: Councilman Lewis, Place 2; Councilman Barth, Place 4; and Sixto "Tito" Rodriguez, Place 6. Recommendation: To appoint 1 ) Council Member Directors to Places 1 and 3, terms expiring May 1, 2012 2) Citizen Member Directors who are also serving on the Park and Recreation Board to Places 5 and 7, terms expiring May 1, 2012. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 8 -23 -2010 Agenda No. F.6 Subject: GN 2010 -044 Appointments to Civil Service Commission - Places 1, 2, 4 and Ex Officios Summary Council is being asked to confirm the Mayor's appointments to the Civil Service Commission. General Description The terms of office for the individuals serving in Places 1, 2, 4 and Ex Officio on the Civil Service Commission expired June 30, 2010. The Charter stipulates that these appointments are mayoral appointments with confirmation by two- thirds vote of the Council. The Charter also stipulates that Positions 2 and 4 shall be appointed from a list or list of nominees provided to the Mayor by the City employee associations. If no list is presented, the Mayor may make the appointment as he deems fit. The North Richland Hills Fire Fighters Association is supporting the reappointment of September Daniel to Place 2 and the North Richland Hills Fraternal Order of Police Lodge 79 has nominated Arthur De La Flor to one of the positions. Mayor Trevino is recommending the following individuals for Council confirmation: Place 1 Sally Bustamante term expires 6/3012011 Place 2 September Daniel term expires 6/30/2011 Place 4 Arthur De La Flor term expires 6/30/2012 Ex Officio Brent Barrow term expires 6130/2012 Ex Officio Tony Rader term expires 6/30/2012 Recommendation: To take action on the Mayor's appointments. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 8 -23 -2010 Agenda No. F.7 Subject: GN 2010 -045 Appointments to Red Light Camera Advisory Committee Summary Council is being asked to approve the annual appointments to the Red Light Advisory Committee. General Description In accordance with State Law and Article X of Chapter 54 of the North Richland Hills Code of Ordinances, the Mayor and each member of Council is required annually to appoint an individual to serve on the Red Light Camera Advisory Committee. The committee's purpose is to advise the Council on the installation and operation of a photographic traffic signal enforcement established under Article X of Chapter 54. The Mayor and Council members have submitted the following names for appointment to the Red Light Advisory Committee. Their terms of office will expire June 30, 2011. Mayor Trevino Mayor Pro Tern Sapp Councilman Lewis Councilman Lombard Councilman Whitson Councilman Turnage Mike Witt Scott Wood Sixto "Tito' Rodriguez Scott Eager Gerald Tyner Pam Hansen Councilmen Barth and Welch will submit their appointments at a later date. Recommendation To approve the appointments to the Red Light Advisory Committee submitted by Mayor and Council, term expiring June 30, 2011. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -23 -2010 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -23 -2010 Presented by: Agenda No. GA Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -23 -2010 Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilman Scott Turnage Subject: Announcements - Councilman Turnage Announcements Council Meeting Date: 8 -23 -2010 Agenda No. H.1 The new school year has begun and all motorists share the responsibility of making sure students arrive to school safely. The City of North Richland Hills reminds drivers to stop for school buses and to slow down in neighborhoods where children are walking or riding bikes to school. You should also reduce your speed, and put down your cell phone, when driving through school zones. The North Richland Hills Public Library invites residents to display their favorite quilts at a community quilt show on September 2nd. The show will also include a small display of quilts from the Trinity Valley Quilters Guild. For more information, please call the Library at 817- 427 -6814. City Hall and other non- emergency City offices will be closed on Monday, September 6th, in observance of the Labor Day holiday. NRH20 and Iron Horse Golf Course will be open. Garbage and recycling will not be collected on Labor Day. Monday collections will shift to Tuesday and Tuesday collections will be made on Wednesday. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Ricky Beard, Parks & Recreation Department A Recreation Center member sent a note thanking Ricky for his kind effort in helping with a flat tire. The member went out to his car in the heavy rain only to find one of the car's tires completely flat. Ricky ran an extension cord to the parking space, stood in the rain and filled the tire with an air compression machine. He did all of this with a smile. The Recreation Center member was very thankful for his help. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 8 -23 -2010 Agenda No. H.2 Subject: Adjournment