HomeMy WebLinkAboutCC 2010-09-27 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, September 27, 2010
5:30 P.M.
A.1 Discuss Items from Regular City Council Meeting
A.2 Introduce City Prosecutor to City Council (5 Minutes)
A.3 Teen Court Interlocal Agreement with Haltom City and Watauga (10 Minutes)
A.4 Discuss the Scheduling of the November and December Council Meetings (5 Minutes)
A.5 Discuss Code of Ordinances, Chapter 106, Signs (30 Minutes)
A.6 Common Ground Community Garden Update (10 Minutes)
B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss
the following as authorized by Chapter 551, Texas Government Code
B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the
Lease of City Property (Mineral Leases)
B.2 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation
with Attorney regarding Pending Litigation - 1) Hometown Urban Partners, Ltd. vs. City of North
Richland Hills (No. 096- 236530 -09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North
Richland Hills (No. 067 - 241297 -09); 3) Venue at Hometown vs. City of North Richland Hills, et
al (No. 352 - 237213 -09)
B.3 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to
Deliberate the Employment, Evaluation, Duties of Public Employees - City Manager and City
Secretary
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 Richlands ills, Texas in compliance with Chapter 551, exas Government
Code on September 24, 2010 at a. m. ; P
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9dk)
s s ant ity ecretary
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 —September 27, 2010
Page 1 of 3
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
CITY HALL COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, September 27, 2010
7:00 P.M.
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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.
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A.0 Call to Order - Mayor Trevino
A.1 Invocation - Councilman Lombard
A.2 Pledge - Councilman Lombard
A.3 Special Presentation(s) and Recognition(s)
No items for this category.
A.4 Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not scheduled for
consideration by the City Council or another City Board or Commission at a later date. In order
to address the Council, please complete a Public Meeting Appearance Card and present it to
the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act
prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore
the Council will not be able to discuss or take action on items brought up during the citizens
presentation.
A.5 Removal of Item(s) from Consent Agenda
B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed to require little
or no deliberation by the City Council and will be voted on in one motion. There will be no
separate discussion of these items unless a Council Member so requests, in which event the
item will be removed from the Consent Agenda and considered.
B.1 Approval of Minutes of September 13, 2010 City Council Meeting
B.2 GN 2010 -076 Consider Revisions to Chapter 10 -153 Sexually Oriented Businesses - Ordinance
No. 3114
B.3 PW 2010 -036 Approve the Abandonment of a Portion of a Drainage and Utility Easement
Located within the Woodland Estates South Addition (Block 1, Lots 1 & 5) — Ordinance No.
3115
B.4 GN 2010 -077 Authorize the City Manager to Execute an Agreement with Linebarger Goggan
Blair & Sampson, LLP for Delinquent Tax Collection Services
NRH City Council Agenda — September 27, 2010
Page 2 of 3
C.0 PUBLIC HEARINGS
No items for this category.
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 -037 Award a Professional Services Agreement to Baird, Hampton & Brown, Inc. in the
amount of $364,500 for the Meadowview Estates Channel Drainage Improvements Project
(DR1004)
F.0 GENERAL ITEMS
F.1 GN 2010 -078 Approve a Teen Court Interlocal Agreement with the City of Haltom City and the
City of Watauga
F.2 GN 2010 -079 Approval of New Committee Members to the Youth Advisory Committee
F.3 PU 2010 -022 Award Bid #10 -038 for Solar Powered School Zone Flashing Beacons to Republic
ITS in the amount of $138,750.00
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 Barth
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 51, Texas Government
Code on September 24, 2010 at CV -- a.m.
Ass t n Ity Secretary
This facility is wheelchair accessible and accessible parking spaces are avai able. 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 — September 27, 2010
Page 3 of 3
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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, September 27, 2010
5:30 P.M.
A.1 Discuss Items from Regular City Council Meeting
A.2 Introduce City Prosecutor to City Council (5 Minutes)
A.3 Teen Court Interlocal Agreement with Haltom City and Watauga (10 Minutes)
A.4 Discuss the Scheduling of the November and December Council Meetings (5
Minutes
A.5 Discuss Code of Ordinances, Chapter 106, Signs (30 Minutes)
A.6 Common Ground Community Garden Update (10 Minutes)
B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive
Session to discuss the following as authorized by Chapter 551, Texas
Government Code
B.1 Executive Session: Pursuant to Section 551.072 Texas Government Code to
Deliberate the Lease of City Property (Mineral Leases)
B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code for
Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban
Partners Ltd. vs. City of North Richland Hills (No. 096- 236530 -09); 2) Arcadia
Land Partners 25 Ltd. , et al vs. City of North Richland Hills (No. 067 - 241297 -09);
3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09)
B.3 Executive Session: Pursuant to Section 551.074 Texas Government Code -
Personnel: to Deliberate the Employment, Evaluation, Duties of Public
Employees - City Manager and City Secretary
C.0 Adiournment
I
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -2010
Presented by: Agenda No. A.1
Subject: Discuss Items from Regular City Council Meeting
CITY OF
NORTH RICHLAND HILLS
Department: Municipal Court Council Meeting Date: 9 -27 -2010
Presented by: Debbie Durko Agenda No. A.2
Subject: Introduce City Prosecutor to City Council (5 Minutes)
Summary
Eric G. Ransleben has been providing Municipal Court Prosecutor Services to the City
of North Richland Hills for the past three years. His contract is set to expire on
September 30 and he has indicated that he would like to continue serving as the
prosecutor for Municipal Court. Mr. Ransleben will attend the September 27 City
Council Work Session so that Council Members will have an opportunity to visit with
him.
General Description
Over the last three years, Mr. Ransleben has done an outstanding job as Prosecutor
and has received positive comments from both Court personnel as well as the Police
Officers that have worked with him. The City Manager has proposed a contract for Mr.
Ransleben to continue performing the duties of Municipal Court Prosecutor. The
contract is for a one -year term effective October 1, 2010 and allows for two one -year
successive term renewals. The proposed fee is $3,500 per month and is funded in the
Municipal Court budget. No fee or term changes are proposed in the new contract. The
City Manager can execute the contract and no formal action by City Council will be
needed, as it totals less than $50,000.
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CITY OF
NORTH RICHLAND HILLS
Department: Municipal Court Council Meeting Date: 9 -27 -2010
Presented by: Debbie Durko Agenda No. A.3
Subject: Teen Court Interlocal Agreement with Haltom City and Watauga (10 Minutes)
Summary
The North Richland Hills Court staff recently met with the Judges and staff from the
Haltom City and Watauga Municipal Courts to discuss a possible joint services program.
The outcome of the meeting was an Interlocal Agreement to combine services for the
Teen Court Programs from the three cities. The Interlocal Agreement is attached as a
proposal to create the "Northeast Tarrant Teen Court" program between the cities of
North Richland Hills, Haltom City and Watauga.
General Description
The NRH Teen Court currently has 250 participants per year. The combined total of
Haltom City and Watauga is approximately 250 participants per year. The current
program would expand from two evenings per month to three to allow more participants
in the program. Haltom City and Watauga will provide a Judge and Bailiff to work the 12
additional sessions, and all sessions will be held at the North Richland Hills Municipal
Court. Haltom City and Watauga will fund the cost for NRH to hire a part time Assistant
Teen Court Coordinator to work with the current NRH Teen Court Coordinator /Juvenile
Case Manager to oversee the program. The assistant will also work between the
agencies to provide status reports.
The expansion of the program will benefit the Teen Court by allowing more
opportunities for youth to participate as volunteer attorneys and more opportunities for
youth to successfully complete the program because there are more sessions available.
The addition of a part-time position will also allow the current NRH Teen Court
Coordinator to focus more time on "Fail to Attend School" cases, which has been
requested by the Birdville Independent School District in recent years.
The goal of the Northeast Tarrant Teen Court is to provide a quality of life amenity to
our community through the partnership of local resources.
Approval of the interlocal agreement is on the regular City Council agenda as an action
item.
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STATE OF TEXAS §
§ INTERLOCAL AGREEMENT
COUNTY OF TARRANT §
THIS AGREEMENT is entered into this the 1 St day of October, 2010, by and between the
Cities of North Richland Hills, Haltom City, and Watauga, Texas, municipal corporations,
(hereafter referred to as "Cities" or "each participating City ") the parties acting herein under the
authority and pursuant to the terms of Chapter 791, INTERLOCAL COOPERATION
CONTRACTS, Texas Government Code, for the purpose of establishing the terms under which a
Teen Court program will be established and funded.
WHEREAS, the City of North Richland Hills has a Teen Court program established and
operating and the Cities of Haltom City and Watauga desire to make this program available to
the residents of their respective cities; and,
WHEREAS, the Cities find that the terms and conditions set out herein for providing for the
operation of a Teen Court for the parties hereto is equitable and will provide benefits to each;
NOW THEREFORE,
WITNESSETH:
For and in consideration of the mutual promises and covenants herein made, the benefits flowing
to each of the parties hereto, and other good and valuable consideration, the Cities of North
Richland Hills, Haltom City, and Watauga, Texas do hereby contract and agree as follows:
SECTION 1. The Teen Court is a volunteer program which allows juvenile misdemeanor
offenders an alternative to the criminal justice system while allowing them to
assume responsibility for their own actions by involvement in the judicial
process and community service in order that their offenses will not be
recorded; bringing juvenile offenders before a jury of their peers and to the
community for constructive punishment which will provide the youths with an
understanding of the judicial system and a realization of their roles
(responsibilities) in the community.
SECTION 2. The City of North Richland Hills shall provide a court facility available for
holding Teen Court on Monday nights and provide a judge and bailiff for two
of such weekly sessions, employ a Part time Assistant Teen Coordinator to
administer and coordinate the activities of the Teen Court program and
provide office space for this position. The Part time Assistant Teen Court
coordinator will work under the supervision of the North Richland Hills
Juvenile Case Manager and shall be responsible for preparation of statistical
reporting to each agency. North Richland Hills will make "Go to My PC"
software licenses available to Watauga and Haltom City for use of software
supporting the Teen Court record system at its cost ($100.00 each) and each
city will acquire such licenses and grant access to their respective computer
systems so that the Part Time Assistant Teen Court Coordinator may maintain
the Teen Court records for each city on its own computer system.
SECTION 3. Haltom City and Watauga each agree to provide a Teen Court Judge and a
Bailiff for six Teen Court sessions per year.
SECTION 4. Haltom City and Watauga shall reimburse North Richland Hills for the cost of
the salary and benefits of the Part time Assistant Teen Court Coordinator plus
7
estimated supply costs. Such costs for salary, benefits and supplies is
$21,049.00 for the year beginning October 1, 2010. Haltom City agrees to pay
60 %, ($12,630.00 and Watauga agrees to pay 40% ($8,420.00).
SECTION 5. North Richland Hills has an existing Teen Court Advisory Board in its
jurisdiction with appointments to such board made by the City Council.
Haltom City and Watauga shall have the right to appoint one additional
member to such advisory board.
SECTION 6. This Agreement shall be for the initial period beginning October 1, 2010 and
ending September 30, 2011 upon execution of hereof by all parties hereto.
SECTION 7. Any party hereto may terminate its participation in this Agreement without
recourse or liability upon thirty (30) days written notice to the other parties.
Should either of the other two parties terminate their participation, North
Richland Hills may terminate this agreement or renegotiate with the remaining
party.
SECTION 8. This Agreement is made pursuant to Chapter 791 and Subchapter E, Chapter
418, Texas Government Code. It is agreed that in the execution of this
Agreement, no party waives any immunity or defense that would otherwise be
available to it, against claims arising from the exercise of governmental
powers and functions.
SIGNED AND EXECUTED this the day of , A.D., 2010, at
Tarrant County, Texas.
CITY OF NORTH RICHLAND HILLS
BY:
Mark Hindman, City Manager
Attest:
Patricia Hutson, City Secretary
Approved as to Form and Legality:
George Staples, City Attorney
I
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -2010
Presented by: Mark Hindman Agenda No. A.4
Subject: Discuss the Scheduling of the November and December Council Meetings (5
Minutes)
Summary
The second council meetings in November and December are in close proximity to the
Thanksgiving and Christmas holidays. Staff is requesting direction from Council on their
desire to hold the November 22 and December 27 City Council meetings.
General Description
In the past when Council meetings have fallen on or close to a holiday, Council has
opted to cancel the meetings and directed Staff to notify Council if any significant issues
arise warranting a special meeting. This year Staff is recommending that both meetings
in November be held as scheduled and that Council consider cancelling the December
27 Council meeting. As in previous years, should there be unexpected business in
December that cannot be handled at the remaining meetings, a special meeting would
be scheduled. Staff is requesting Council direction on the scheduling of the November
22 and December 27 City Council meetings.
CITY OF
NORTH RICHLAND HILLS
Department: Economic Development Council Meeting Date: 9 -27 -2010
Presented by: Craig Hulse, Dave Pendley Agenda No. A.5
Subject: Discuss Code of Ordinances, Chapter 106, Signs (30 Minutes)
Summary
Staff has been reviewing the City's Sign Ordinance and would like to solicit Council
feedback on the ordinance as it pertains to current marketplace and future
transportation conditions.
General Description
In December of 2006, City Council amended the Sign Ordinance to facilitate:
• An attractive community
• Effective identification of local businesses
• Traffic safety
• Removal of illegal and obsolete signs
While the Sign Ordinance has served the City well over the last four years, commercial
property and transportation conditions have evolved, prompting staff to seek feedback
from City Council.
From a transportation perspective, construction along the North Tarrant Express will
challenge access and mobility, while future retaining walls and grade level changes will
alter roadside visibility.
Also, while commercial property owners have long been encouraged and afforded
incentives to remove and replace illegal and obsolete signs; the City has taken a case -
by -case approach to facilitating compliance.
Therefore, staff has identified three topics for City Council feedback. The topics are:
• Pursuit of a temporary sign policy during roadway construction
Adjusting the freeway overlay zone as it pertains to pole signs
• Proactive removal of illegal and obsolete signage
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CITY OF
NORTH RICHLAND HILLS
Department: Parks and Recreation Council Meeting Date: 9 -27 -2010
Presented by: Geoff Sherman Agenda No. A.6
Subject: Common Ground Community Garden Update (10 Minutes)
Summary
Staff will provide an update on the progress of the Common Ground Community Garden, a
cooperative project with the Davis Memorial United Methodist Church on Davis Boulevard.
The purpose of the garden is to help improve the nutrition, physical activity, community
engagement, safety and economic vitality of the city and our residents. The project will bring
neighbors together to cultivate plants and vegetables with the opportunity to provide a
portion of their harvest to those in need through the Community Enrichment Center or
N.E.E.D. (North East Emergency Distribution). Construction of the community garden is
scheduled for November 6 2010.
General Description
Common Ground will consist initially of 42 raised beds with anticipated future expansion to
72 beds. Two of the beds will be constructed to allow access by wheelchair and two other
beds will be elevated to aid gardeners who would have difficulty bending over to garden. A
concrete walkway is planned to create an accessible route from the church parking area to
the garden and a garden shed that will be constructed in the center of the garden. A water
faucet will be located at every other bed.
The development of the garden is a grass roots effort with community volunteers
coordinating and performing its construction. Monthly meetings began in May and the
committee has completed development of garden policies, among other operational
procedures. A garden executive group consisting of a garden coordinator, treasurer and
four stewards was recently elected from the core group of garden organizers to control day -
to -day operations of the garden.
The scheduled construction date for the garden is November 6, 2010 and everyone is
invited to come be a part of the construction.
The Parks and Recreation Department is partnering with a several organizations in the
development the Common Ground garden:
• The Home Depot Corporation and Team Depot will be assisting the development of
the garden through significant material donations and manpower on the construction
day.
• Alpine Materials in Southlake has offered to supply the initial wood mulch for the
common areas and walkways along with a monthly supply of compost for garden
use.
• The BISD Construction Technology Class under the direction of Mike Benton will
construct garden's storage shed.
During the September 27 City Council Work Session, staff will give a presentation on recent
and upcoming plans for the community garden.
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CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -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
I
CITY OF
NORTH RICHLAND HILLS
Department:' City Secretary Council Meeting Date: 9 -27 -2010
Presented by: Jared Miller Agenda No. B.1
Subject: Executive Session: Pursuant to Section 551.072, Texas Government Code to
Deliberate the Lease of City Property (Mineral Leases)
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -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))
I
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date:9 -27 -2010
Presented by: Agenda No. B.3
Subject: Executive Session: Pursuant to Section 551.074, Texas Government Code -
Personnel: to Deliberate the Employment, Evaluation, Duties of Public Employees - City
Manager and City Secretary
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -2010
Presented by: Agenda No. C.0
Subject: Adjournment
I
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, September 27, 2010
7:00 P.M.
A.0 Call to Order - Mayor Trevino
A.1 Invocation - Councilman Lombard
A.2 Pledge - Councilman Lombard
A.3 Special Presentation(s) and Recognition(s)
No items for this category.
A.4 Citizens Presentation
An opportunity for citizens to address the City Council on matters which are not
scheduled for consideration by the City Council or another City Board or
Commission at a later date. In order to address the Council, please complete a
Public Meeting Appearance Card and present it to the City Secretary prior to the
start of the Council meeting. The Texas Open Meetings Act prohibits
deliberation by the Council of any subject which is not on the posted agenda,
therefore the Council will not be able to discuss or take action on items brought
up during the citizens presentation.
A.5 Removal of Item(s) from Consent Agenda
B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS
All consent agenda items listed below are considered to be routine items deemed
to require little or no deliberation by the City Council and will be voted on in one
motion. There will be no separate discussion of these items unless a Council
Member so requests, in which event the item will be removed from the Consent
Agenda and considered.
B.1 Approval of Minutes of September 13, 2010 City Council Meeting
B.2 GN 2010 -076 Consider Revisions to Chapter 10 -153 Sexually Oriented
Businesses - Ordinance No. 3114
B.3 PW 2010 -036 Approve the Abandonment of a Portion of a Drainage and Utility
Easement Located within the Woodland Estates South Addition (Block 1, Lots 1
& 5) — Ordinance No. 3115
I
B.4 GN 2010 -077 Authorize the City Manager to Execute an Agreement with
Linebarger Goggan Blair & Sampson LLP for Delinquent Tax Collection Services
C.0 PUBLIC HEARINGS
No items for this category.
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 -037 Award a Professional Services Agreement to Baird, Hampton &
Brown Inc in the amount of $364,500 for the Meadowview Estates Channel
Drainage Improvements Project (DR1004)
F.0 GENERAL ITEMS
F.1 GN 2010 -078 Approve a Teen Court Interlocal Agreement with the City of Haltom
City and the City of Watauga
F.2 GN 2010 -079 Approval of New Committee Members to the Youth Advisory
Committee
F.3 PU 2010 -022 Award Bid #10 -038 for Solar Powered School Zone Flashing
Beacons to Republic ITS in the amount of $138,750.00
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 Barth
H.2 Adiournment
I
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -2010
Presented by: Mayor Oscar Trevino Agenda No. A.0
Subject: Call to Order - Mayor Trevino
I
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -2010
Presented by: Councilman Tom Lombard Agenda No. A.1
Subject: Invocation - Councilman Lombard
I
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -2010
Presented by: Councilman Tom Lombard Agenda No. A.2
Subject: Pledge - Councilman Lombard
I
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -2010
Presented by: Agenda No. A.3
Subject: Special Presentation(s) and Recognition(s)
No items for this category.
I
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -2010
Presented by: Agenda No. AA
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.
I
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -2010
Presented by: Agenda No. A.5
Subject: Removal of Item(s) from Consent Agenda
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -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: 9 -27 -2010
Presented by: Agenda No. B.1
Subject: Approval of Minutes of September 13, 2010 City Council Meeting
Recommendation
To approve the minutes of the September 13, 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 — SEPTEMBER 13, 2010
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
13 day of September 13, 2010 at 5:45 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
Scott Turnage Council, Place 6
Tim Welch Council, Place 7
Staff Members: Mark Hindman City Manager
Jared Miller Assistant City Manager
Karen Bostic Assistant City Manager
Jimmy Perdue Director of Public Safety
Mike Curtis Managing Director
Vickie Loftice Managing Director
Patricia Hutson City Secretary
Monica Solko Assistant City Secretary
George Staples City Attorney
Mary Peters Public Information Officer
John Pitstick Director of Planning & Development
Larry Koonce Finance Director
JoAnn Stout Neighborhood Services Director
Andy Jones Fire Chief
Mark Mills Budget Director
Kyle Spooner Information Services Director
Chris Amarante Facilities & Construction Director
Craig Hulse Economic Development Director
Greg VanNieuwenhuize Assistant Public Works Director
Sean Hughes Emergency Management Coordinator
Jimmy Cates Public Works Operations Manager
Chun Mezger Animal Rescue Center Supervisor
Sharon Davis Assistant Parks & Recreation Director
Bill Thornton Assistant Parks & Recreation Director
Jamie Brockway Purchasing Manager
Eric Wilhite Chief Planner
Kristin Weegar Marketing & Research Coordinator
Call to Order
Mayor Trevino called the work session to order at 5:45 p.m.
A.1 Discuss Items from Regular City Council Meeting
There were no questions from the Council.
Agenda Items C.1 & C.2 — Mr. Hindman advised that during the regular meeting the
applicant would be asking for the two items to be postponed. Mayor Trevino advised he
would open the public hearings in the event there was someone present that would like
to speak. Council could then make a motion to continue the items to a future Council
meeting.
A.2 Update on New Fire Engines
Fire Chief Andy Jones gave an overview of the new fire engines and highlighted their
features. The first unit, designated as Quint 221, is a 2010 Ferrara Quint. The unit is
stationed at Fire Station No. 1 and replaces a 1997 Emergency One Quint which is
being placed in reserve status. The second unit, designed as Engine 223, is a 2010
KME Engine with a compressed air foam system (CAFS). The unit will be stationed at
Fire Station No. 3 and replaces a 1994 Emergency One engine which will be placed in
reserve status. There were no questions from the Council.
A.3 Discuss Calculation of Atmos Franchise Fees
Ms. Karen Bostic advised Council of the methodology Atmos Energy is currently using
to calculate the monthly collection of the franchise fees. The City receives a 5%
franchise fee from Atmos on the gross receipts from the sale of natural gas within the
City. On January 1, 2009, Atmos changed its methodology for calculating gross
receipts. Prior to January 1, 2009 the monthly franchise fees collected from customers
were included as part of the gross receipts calculation. After January 1, Atmos
excluded the monthly franchise fees collected from customers from the gross receipts
calculation without informing the cities. The change in calculation was brought to the
attention of the Atmos Cities Steering Committee. After discussion with the Attorney for
the Committee, Atmos has agreed to return to the previous methodology for any city
that wishes to have the calculation of gross receipts include the monthly franchise fee
that is collected from customers. Any city that chooses to return to the previous
methodology will be reimbursed for the difference between the franchise payment
already received for 2010 and the amount using the previous methodology. In addition,
Atmos is also willing to recalculate franchise fees back to January 2009. Staff
requested direction from Council on whether or not they concurred with returning to the
previous methodology and if so, whether or not to recalculate fees back to January
2009. After questions from the Council, the council discussed the previous
methodology being a fee on a fee to the citizens. The consensus of the Council was not
to request Atmos Energy to return to the previous methodology.
AA Discuss Proposed Rule Change to Council Rules of Procedure
Mayor Trevino advised Council of the proposed rule change and explained why the
change was being requested. The proposed change would add the following wording to
the Council Rules: "No citizen comment will be allowed on any matter on which staff
has scheduled or will be scheduling stakeholder meetings or similar meetings designed
to solicit citizen input, it being the council's intent that comments be made at such
meetings." The purpose of meetings such as the stakeholders meetings is to provide
an opportunity for all parties to make comments on matters coming before Council for
consideration and further provide Council the ability to receive from Staff complete
information from all the parties on the matters before them. During discussion, several
of the Council members expressed concerns with the language needing to be more
definitive in terms of a meeting and for it to be more time specific. Based on Council
input, Staff will draft new language for further consideration by Council.
B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive
Session to discuss the followinq as authorized by Chapter 551, Texas
Government Code
B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code for
Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban
Partners Ltd. vs. City of North Richland Hills (No. 096- 236530 -09); 2) Arcadia
Land Partners 25 Ltd. , et al vs. City of North Richland Hills (No. 067 - 241297 -09);
3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09)
Mayor Trevino announced at 6:17 p.m. that the Council would convene into Executive
Session as authorized by Chapter 551, Texas Government Code, specifically Section
551.071 for consultation with attorney regarding pending litigation — Hometown Urban
Partners, Ltd. vs. City of North Richland Hills (No. 096- 236530 -09); (b) Arcadia Land
Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067 - 241297 -09); (c) Venue at
Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09).
C.0 Adiournment
Mayor Trevino announced at 6:38 p.m. that the Council would adjourn to the regular
Council meeting.
I
REGULAR COUNCIL MEETING
A.0
CALL TO ORDER
Mayor Trevino called the meeting to order September 13, 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
Scott Turnage Council, Place 6
Tim Welch Council, Place 7
Staff:
Mark Hindman City Manager
Jared Miller Assistant City Manager
Karen Bostic Assistant City Manager
Jimmy Perdue Director of Public Safety
Mike Curtis Managing Director
Vickie Loftice Managing Director
Patricia Hutson City Secretary
Monica Solko Assistant City Secretary
George Staples Attorney
A.1
INVOCATION
Councilman Barth gave the invocation.
A.2
PLEDGE OF ALLEGIANCE
Councilman Barth led the pledge of allegiance.
A.3
SPECIAL PRESENTATION(S) AND RECOGNITION(S)
No items for this category.
A.4
CITIZENS PRESENTATION
None.
A.5
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
B.0
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
B.1 APPROVAL OF MINUTES OF AUGUST 6, 2010 CITY COUNCIL MEETING
B.2 APPROVAL OF MINUTES OF AUGUST 23, 2010 CITY COUNCIL MEETING
B.3 GN 2010 -075 APPROVE CONTRACT FOR LEGAL SERVICES
B.4 PW 2010 -034 APPROVE ORDINANCE 3110 AMENDING SECTION 54 -81(A)
OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES;
ESTABLISHING THE TIMES ONE WAY STREETS ARE IN EFFECT DURING
SCHOOL ZONE HOURS
B.5 PW 2010 -035 APPROVE AMENDMENT NO. 3 TO THE INTERLOCAL
AGREEMENT FOR DESIGN SERVICES FOR THE NORTH TARRANT
PARKWAY STREET IMPROVEMENTS PROJECT
B.6 PW 2010 -035 APPROVE AMENDMENT NO. 3 TO THE INTERLOCAL
AGREEMENT FOR DESIGN SERVICES FOR THE NORTH TARRANT
PARKWAY STREET IMPROVEMENTS PROJECT
B.7 PU 2010 -021 APPROVE THE REPLACEMENT OF ANALOG AUDIO AND
VIDEO SYSTEM IN THE NORTH RICHLAND HILLS JAIL WITH THE LENSEC
SYSTEM FOR AN AMOUNT NOT TO EXCEED $175,000
B.8 GN 2010 -071 CONSIDER ACCEPTANCE OF AN URBAN AREA SECURITY
INITIATIVE (UASI) GRANT IN THE AMOUNT OF $32,400 FOR URBAN
SEARCH AND RESCUE TRAINING
B.9 GN 2010 -072 RENEWAL OF INTERLOCAL AGREEMENT BETWEEN THE
CITIES OF NORTH RICHLAND HILLS AND SOUTHLAKE FOR ANIMAL
IMPOUNDMENT
COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WH'ITSON
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
PUBLIC HEARINGS
C.1
ZC 2009 -08 PUBLIC HEARING TO CONSIDER A REQUEST FROM GENE SCHAY
FOR A ZONING CHANGE FROM "R -1 -S" SPECIAL SINGLE FAMILY TO "R -2"
SINGLE FAMILY ON A PORTION OF LOT 3R, BLOCK 14, GLENANN ADDITION
(LOCATED AT 8620 MARTIN DRIVE - 0.532 ACRES.) - ORDINANCE NO. 3109
CONTINUED
Mayor Trevino opened the public hearing and called on the applicant to come forward.
Mr. Gene Schay 8620 Martin Drive, came forward. Mr. Schay requested the City
Council to continue items C.1 (ZC 2009 -08) and C.2 (RP 2009 -05) until the City Council
Meeting set for October 11, 2010.
Mayor Trevino called on anyone wishing to speak for or against the item to come
forward. Mayor Trevino advised there would also be an opportunity to speak at the
October 11 City Council Meeting.
MAYOR PRO TEM SAPP MOVED TO CONTINUE ZC 2009 -08 TO THE OCTOBER 11, 2010 CITY
COUNCIL MEETING. COUNCILMAN LOMBARD SECONDED THE MOTION.
MOTION TO CONTINUE ZC 2009 -08 CARRIED 7 -0.
C.2
RP 2009 -05 PUBLIC HEARING TO CONSIDER A REQUEST FROM GENE SCHAY
FOR A REPLAT OF LOT 3R, BLOCK 14, GLENANN ADDITION INTO LOTS 3R1
AND 3R2, BLOCK 14, GLENANN ADDITION (LOCATED AT 8620 MARTIN DRIVE -
1.960 ACRES.)
CONTINUED
Mayor Trevino opened the public hearing and called on the applicant to come forward.
Mr. Gene Schay. 8620 Martin Drive, came forward. Mr. Schay requested the City
Council to continue item C.2 (RP 2009 -05) until the City Council Meeting set for October
11, 2010.
Mayor Trevino called on anyone wishing to speak for or against the item to come
forward. Mayor Trevino advised there would also be an opportunity to speak at the
October 11 City Council Meeting.
COUNCILMAN LOMBARD MOVED TO CONTINUE RP 2009 -05 TO THE OCTOBER 11, 2010 CITY
COUNCIL MEETING. COUNCILMAN WELCH SECONDED THE MOTION.
MOTION TO CONTINUE RP 2009 -05 CARRIED 7 -0.
C.3
SUP 2010 -04 PUBLIC HEARING TO CONSIDER A REQUEST FROM THE CITY OF
NORTH RICHLAND HILLS FOR A SPECIAL USE PERMIT TO ALLOW THE USE OF
BUILDING MATERIALS OTHER THAN THOSE SPECIFIED IN THE MASONRY
DEFINITION AT THE NORTH RICHLAND HILLS RECREATION CENTER. THE
MASONRY DEFINITION IS FOUND IN SECTION 118 -671 OF THE CITY OF NORTH
RICHLAND HILLS CODE OF ORDINANCES. THE PROPOSED LOCATION OF THE
RECREATION CENTER IS THE SOUTHEAST CORNER OF HAWK AVENUE AND
BUD JENSEN DRIVE - ORDINANCE NO. 3108
APPROVED
Mayor Trevino opened the public hearing and called for the applicant to come forward.
Steven Springs, representing Brinkley Sargent Architects came forward. Mr. Springs
explained that a special use permit was being requested in order to keep the proposed
design of the Recreation Center. Because the design of the building calls for
architectural features which are best accommodated with a mixture of exterior building
materials, including glass, brick, stone and large architectural panels the City's masonry
requirements would not be met and therefore a special use permit would be needed to
proceed. He was available to answer any questions the Council might have.
Eric Wilhite, Chief Planner, summarized the item. The Parks and Recreation
Department is requesting an SUP for an exception from the required masonry
percentage associated with design and construction of the new 86,000 square foot
Recreation Center. Section 118 -674 (C) other materials in the code of ordinances
allows for exterior finishes other than those specified in the masonry definitions for new
construction to be used over 15 percent of an elevation only if a special use permit
(SUP) is approved. There are materials being proposed for use as exterior finish that do
not meet the type defined in the code as masonry. Due to the unique nature and
architectural style of the structure the Development Review Committee (DRC)
recommends approval of Special Use Permit request SUP 2010 -04, Ordinance No.
3108. The Planning & Zoning Commission recommended approval of SUP 2010 -04 by
a 5 -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 ORDINANCE NO. 3108. COUNCILMAN BARTH
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
PLANNING & DEVELOPMENT
D.1
FP 2010 -02 CONSIDERATION OF A REQUEST FROM THOMAS ANDREWS TO
APPROVE A FINAL PLAT OF LOTS 1 AND 2, BLOCK 1, BARRETT- ANDREWS
ADDITION (LOCATED AT 8500 CLAY HIBBINS ROAD - 4.8487 ACRES.)
APPROVED
Mayor Trevino called on the applicant to come forward.
Thomas Andrews, 6020 Parker Boulevard, came forward. Mr. Andrews explained that
this was the next step of the process and he is requesting approval for final plat for Lots
1 and 2 for the property at 8500 Clay Hibbins Road. He was available to answer any
questions Council might have.
Eric Wilhite, Chief Planner, summarized the item. The applicant, Thomas Andrews, is
requesting approval of a final plat for a 4.84 acre tract. The final plat will create two lots.
The southern portion indicated as Lot 2, will be retained by the current property owner.
Mr. Andrews is in the process of purchasing the proposed Lot 1 in order to construct a
new single family residence. The Planning & Zoning Commission recommended
approval of FP 2010 -02 by a 5 -0 vote.
COUNCILMAN WELCH MOVED TO APPROVE FP 2010 -02. COUNCILMAN WHITSON SECONDED
THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
PUBLIC WORKS
E.1
No items for this category.
GENERAL ITEMS
F.1
GN 2010 -067 ADOPTING THE 2009/2010 REVISED BUDGET AND 2010/2011
PROPOSED BUDGET - ORDINANCE NO. 3111
APPROVED
Mark Mills, Budget Director presented the item. The proposed budget for 2010/11 was
filed with the City Secretary's office on August 2, 2010. This proposed budget was also
available at the NRH Public Library and on the City website. All necessary publications
and hearings have been completed in compliance with City Charter requirements,
special taxing district rules and procedures, and State Law.
The 2010/2011 General Fund budget is based on a 57¢ tax rate, which is the existing
rate for the current fiscal year. Revisions to the 2009/2010 revenues and expenditures
have been made to reflect the most current estimates for the current fiscal year.
The Budgeted Operating Expenditures are:
200912010 2010/2011
Fund Revised Proposed
General Fund $38,932,584 $37,653,672
Debt Service Fund 9,233,288 8,259,239
Park & Recreation Facilities Development Fund 4,623,197 4,537,181
Crime Control & Prevention District Fund 4,376,342 4,176,961
Promotional Fund 245,496 208,982
Donations Fund 182,586 158,459
Special Investigation 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 2,750,224 2,890,676
The Capital Projects Budget Expenditures are:
2010/2011
Fund Proposed
Street & Sidewalk Projects $7,738,755
Drainage Projects 1,903,000
Utility Projects 2,595,205
Parks & Recreation Projects 451,500
Aquatic Park Projects 2,191,000
Municipal Facility Projects 11,417,289
Major Capital Equipment Projects 1,508,282
Economic Development Projects 7,051,577
CIP — Other 639,803
Total $35,496,411
The City of North Richland Hills Crime Control and Prevention District Board of
Directors and the City Council have reviewed the 2009/2010 revised budget and the
2010/2011 proposed budget and have recommended approval. Park and Recreation
Facilities Development Corporation Board of Directors reviewed the 2010/2011
proposed budget for all funds and have also recommended approval. As required by
law, all legal notices were published. Approval of Ordinance No. 3111 would adopt
2009/2010 revised budget and 2010/2011 proposed budget.
COUNCILMAN WHITSON MOVED TO APPROVE ORDINANCE No. 3111. COUNCILMAN BARTH
SECONDED THE MOTION.
(MOTION TO APPROVE CARRIED 7 -0.
F.2
GN 2010 -068 ADOPTING THE TAX RATE FOR TAX YEAR 2010 —
ORDINANCE NO. 3112
APPROVED
Mark Mills, Budget Director, summarized the item. The notice of effective tax rate was
published in the Star Telegram newspaper on August 10, 2010 and the notice of public
hearing on the tax rate on August 11, 2010, in accordance with State law. In addition,
the notice of public hearing on the tax rate and the notice of vote on the tax rate were
posted on the City's website and carried on Citicable in accordance with State law.
The proposed 2010/2011 tax rate for the City of North Richland Hills is 57¢ per $100 of
valuation. If approved, this will be the 18 consecutive year with a 57¢ tax rate. The
proposed rate of 57¢ is 5.5% lower in comparison to the effective tax rate of 60.3323¢.
The proposed rate of 57¢ is distributed into two parts as follows:
• 37.0219¢ for the purposes of maintenance and operations
• 19.97810 for the payment of principal and interest on debt of the City
Adoption of Ordinance No. 3112 would set the tax rate for Fiscal Year 2010/11 (Tax
Year 2010) at 57¢ per $100 valuation.
MAYOR PRO TEM SAPP MOVED TO APPROVE ORDINANCE NO. 3112; SETTING THE FISCAL
YEAR 201012011 TAX RATE FOR MAINTENANCE AND OPERATIONS AT 37.0219¢ PER $100 OF
VALUATION, THE TAX RATE FOR THE INTEREST AND SINKING FUND AT 19.97810 PER $100 OF
VALUATION, FOR A TOTAL TAX RATE OF 57¢ PER $100 VALUATION. COUNCILMAN TURNAGE
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
F3
GN 2010 -069 APPROVAL AND RATIFICATION OF THE 2010 CERTIFIED ROLL -
RESOLUTION NO. 2010 -027
APPROVED
Mark Mills, Budget Director, summarized the item. Tarrant Appraisal District has
provided the City with the 2010 Certified Tax Roll information. This includes the most
current appraisal information; exemptions for disabled veterans, persons over 65,
homestead and disabled persons; tax ceilings for persons over 65 and disabled
persons; abatement value losses; freeport inventory value loss; and agricultural value
losses. These values also include new construction, the minimum value of properties
still under protest, and the estimated net taxable value of incomplete properties. The
certified values for the City of North Richland Hills are $3,602,317,711. This is the
amount used to calculate the effective tax rate and property tax revenues for the fiscal
year 2010/2011 budget.
COUNCILMAN LOMBARD MOVED TO APPROVE GN 2010 -069; RESOLUTION No. 2010 -027.
COUNCILMAN WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
F.4
GN 2010 -070 APPROVE SETTLEMENT OF ATMOS ENERGY MID -TEX RRM FILING,
ORDINANCE NO. 3113
APPROVED
Karen Bostic, Assistant City Manager, summarized the item. On or about March 15,
2010, Atmos Mid -Tex filed with the City an application to increase natural gas rates
pursuant to the Rate Review Mechanism ( "RRM ") tariff. This tariff was approved by the
City as part of the settlement of the Atmos Mid -Tex 2007 Statement of Intent to increase
rates. This is the third filing Atmos Mid -Tex has made under the RRM process. Staff is
seeking City Council approval of the negotiated settlement of Atmos' most recent RRM
filing. Approval of the Ordinance will result in the implementation of new rates that
increase Atmos Mid -Tex's revenues effective October 1, 2010. The total monthly
impact to the average residential customer would be $1.40.
COUNCILMAN LEWIS MOVED TO APPROVE ORDINANCE NO. 3113. MAYOR PRO TEM SAPP
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
F.5
GN 2010 -073 CONSIDER REQUEST FOR THE U.S. POSTAL SERVICE TO
OFFICIALLY DESIGNATE NORTH RICHLAND HILLS AS THE PREFERRED
CITY NAME IN THE POSTAL ADDRESSES FOR ALL PROPERTIES
LOCATED WITHIN THE NORTH RICHLAND HILLS CITY LIMITS -
RESOLUTION NO. 2010 -028
APPROVED
Mary Peters, Public Information Officer, summarized the item. The U.S. Postal Service
uses another city's name for the mailing addresses in three North Richland Hills
neighborhoods. The addresses were set up based on zip code boundary lines, rather
than city limit lines. Staff is seeking City Council's support in requesting that the Postal
Service officially designate North Richland Hills as the preferred city name for
addresses in three neighborhoods.
Neighborhoods include approximately:
• 588 properties with Haltom City, TX 76117
• 105 properties with Watauga, TX 76148
• 72 properties with Hurst, TX 76053
After receiving an official request from the City for a "preferred last line" designation, the
Postal Service will survey residents in each affected neighborhood to make sure a
majority agree with this designation. Staff recommends approval of Resolution No.
2010 -028.
COUNCILMAN WHITSON MOVED TO APPROVE GN 2010 -073; RESOLUTION NO. 2010 -028.
COUNCILMAN LOMBARD SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
F.6
GN 2010 -074 APPOINTMENT TO THE CIVIL SERVICE COMMISSION - PLACE 4
APPROVED
Patricia Hutson, City Secretary, summarized the item. The term of office for the
individual serving in Place 4 on the Civil Service Commission expired June 30, 2010.
The Charter stipulates that the appointments to this Board are mayoral appointments
with confirmation by two- thirds vote of the Council. The Charter also stipulates that the
Place 4 position shall be appointed from a list or lists 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 Fraternal Order of Police Lodge
79 has nominated Arthur De La Flor to the position. Mayor Trevino met with Mr. De La
Flor on September 8 and is recommending Council confirm the appointment.
MAYOR PRO TEM SAPP MOVED TO APPROVE GN 2010 -074. COUNCILMAN TURNAGE
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
EXECUTIVE SESSION ITEMS
GA
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK
SESSION AGENDA
No action required.
INFORMATION AND REPORTS
H.1
ANNOUNCEMENTS
Councilman Welch made the following announcements.
Want to make your home more energy efficient and reduce your utility bills? Stop by the
North Richland Hills Energy Efficiency Fair to learn steps you can take to save energy.
The fair will take place from 3 to 6 p.m. on Friday, September 17 and from 10 a.m. to
1 p.m. on Saturday, September 18 in the Community Room at the NRH Public Library.
Free weatherization kits will be available while supplies last. For more information,
please call the Neighborhood Services Department at 817 - 427 -6650.
The NRH Public Library and Carter Blood Care will host a blood drive from 8 a.m. to
4 p.m. on Monday, September 20. This event will take place in the Community Room at
the Library. To sign up or get more details, visit carterbloodcare.org or call the Library at
817- 427 -6814.
I
Line up the babysitter and dust off those dancing shoes for an evening of live Latin
music and salsa dancing on Saturday, September 25. This unique, cultural event will
take place from 7 to 9:15 p.m. at Stormy Plaza, which is located on Grand Avenue
across from the Library. Seating will be on the lawn. You are welcome to bring lawn
chairs or blankets. For additional information, please call 817 - 427 -6620.
Kudos Korner - Chris Jungst, Kent Carter, Mary Sullivan, Jeff Stone and David Nock,
Fire Department — A resident e- mailed to thank the Fire Department for their rapid and
professional response to his heart attack. Because of their quick efforts he had minimal
damage to his heart. The resident said he appreciates the Cardiac Cath Lab program
and all who have committed the resources and expertise for helping patients. They did
an amazing job on him and he is still alive because of it, the e-mail said.
H.2
ADJOURNMENT
Mayor Trevino adjourned the meeting at 7:44 p.m.
Oscar Trevino — Mayor
ATTEST:
Patricia Hutson, City Secretary
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development Council Meeting Date: 9 -27 -2010
Presented by: John Pitstick Agenda No. B.2
Subject: GN 2010 -076 Consider Revisions to Chapter 10 -153 Sexually Oriented
Businesses - Ordinance No. 3114
Summary
This ordinance revision is being brought forward in an effort to clearly distinguish the
threshold for establishing the difference between a primary business for sexually
oriented businesses and secondary or minor accessory uses as part of other retail
and /or service businesses.
General Description
Staff continues to review ordinance regulations and is recommending a change to
Chapter 10 -153 of the Code of Ordinances dealing with sexually oriented businesses.
Current regulations stipulate the use and allowable locations of sexually oriented
businesses without denying these types of businesses the protection of the First
Amendment. Sexually oriented businesses must be located a minimum of 1,000 feet
from any church, school, park, library or residential property. Staff is not recommending
any changes to these location limits.
Staff is recommending that the definition of a primary use for a sexually oriented
business be reduced from a 35% threshold as determined by number of customers,
volume of sales, stock in trade or display areas to 15% of the total business. There are
a few reasons why Staff is recommending this change.
First, the current 35% threshold could be difficult to determine or distinguish by the
general public or staff as a minor or secondary use. Depending on how a store is
stocked or displays are presented, customers could be faced with sexually oriented
products in prominent areas with other typical products. Also, with many retailers
offering a wide variety of products the 15% threshold will help to distinguish these uses
as ancillary and not primary uses.
The other reason for recommending the percentage reduction has to do with the variety
of products that fall into a "questionable area ". Many of these "questionable" products
are not legally defined as sexual oriented products yet when combined with the 35% of
products create the sense that the business's primary business is sexually oriented
products. The end result could be a retail business that is functioning as a sexually
oriented business yet is not required to maintain the required distances from schools
and parks. Establishing a 15% threshold for allowing sexually oriented products clearly
restricts these types of uses and products in retail and service related businesses that
are typically near residential neighborhoods.
Recommendation
Approval of Ordinance No. 3114.
rqRH
ORDINANCE NO. 3114
AN ORDINANCE AMENDING SECTION 10 -153 OF THE NORTH RICHLAND
HILLS, TEXAS, CODE OF ORDINANCES; ESTABLISHING A PENALTY AND
AUTHORIZING PUBLICATION.
WHEREAS, the definitions in the city's sexually oriented businesses ordinance do not
include a necessary definition of the term "primary business" as used in the term
sexually oriented business; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1: THAT Section 10 -153 of the North Richland Hills Code of Ordinances is
hereby amended to read as follows:
"Sec. 10 -153. Definitions.
The words and terms used in this article that are not defined herein shall have the
meanings commonly ascribed to them. Words used in the present tense include the
future tense. Words in the singular number include the plural number and words in the
plural number include the singular number. The word "he" shall be defined to include
the word "she."
Adult arcade means any place to which the public is permitted or invited wherein coin -
operated, token - operated or electronically, electrically or mechanically controlled still or
motion picture machines, projectors, or other image - producing devices are maintained
to show images to five or fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by an emphasis on matter
depicting or describing specified sexual activities or specified anatomical areas.
Adult bookstore means a commercial establishment which as one of its principal
business purposes offers for sale or rental for any form of consideration books,
magazines, periodicals or other printed matters which are distinguished or characterized
by an emphasis on matters depicting or describing specified sexual activities or
specified anatomical areas.
Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment
which regularly features persons who appear in a state of nudity or give live
performances which are distinguished or characterized by an emphasis on the exposure
of specified anatomical areas or by an emphasis on specified sexual activities.
Adult motel means a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration and provides
patrons with closed- circuit television transmissions, films, motion pictures, video
cassettes, slides, or other pornographic reproductions which are distinguished or
characterized by an emphasis on matters depicting or describing specified sexual
activities or specified anatomical areas and has a sign visible from the public right -of-
way which advertises the availability of this adult type of photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period
of time that is less than ten hours.
Adult movie theater means a commercial establishment where, for any form of
consideration, films, motion pictures, video cassettes, video reproductions, slides or
other visual representations are regularly shown which are distinguished or
characterized by an emphasis on matters depicting or describing specified sexual
activities or specified anatomical areas.
Adult video store means a commercial establishment which as one of its principal
business purposes offers for sale or rental for any form of consideration photographs,
films, motion pictures, video cassettes, video reproductions, slides or other visual
representations which are distinguished or characterized by an emphasis on matters
depicting or describing specified sexual activities or specified anatomical areas.
Chief of police means the chief of police of the city or the chiefs designated
representative.
Customer means any person who:
(1) Is allowed to enter a sexually oriented business in return for the payment of an
admission fee or any other form of consideration or gratuity;
(2) Enters a sexually oriented business and purchases, rents, or otherwise partakes
of any merchandise, goods, entertainment, or other services offered therein; or
(3) Is a member of and on the premises of a sexually oriented business operating as
a private club.
Employee means any person who renders any service whatsoever to the customers of
a sexually oriented business or who works in or about a sexually oriented business and
who receives compensation for such service or work from the operator or owner of the
sexually oriented business or from its customers.
Escort means a person who, for consideration, agrees or offers to act as a companion
or date for another person, or who agrees or offers to privately model lingerie or to
privately perform a striptease for another person.
Escort agency means a person or business association who furnishes, offers to furnish,
or advertises to furnish escorts as its principal business purpose, for a fee, tip, or other
consideration.
Licensee means a person in whose name a license to operate a sexually oriented
business has been issued, as well as any and all individuals listed as applicants on the
application for a license.
Licensed day care center means a child care center as defined in chapter 118, which is
licensed by the state.
Love parlor means an establishment that is operated for the purpose of giving
massages at the establishment or on a home call basis that are intended to provide
sexual stimulation or sexual gratification in combination with a massage.
Nude modeling studio means any place where a person who appears in a state of
nudity or displays specified anatomical areas is provided or allowed to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted by other
persons who pay money or any form of consideration.
Nudity or state of nudity means less than completely and opaquely covered:
(1) Human genitals, public region, or pubic hair;
(2) All portions of a female breast below a point immediately above the top of the
areola continuing downward to the lowest portion of the breast;
(3) Human buttock; or
(4) Any combination of the above.
Operated or causes to be operated means to cause to function or to put or keep in
operation. A person may be found to be operating or causing to be operated a sexually
oriented business whether or not that person is an owner, part owner, licensee, or
manager of the establishment.
Person means any individual, firm, association, organization, partnership, trust,
foundation, company or corporation.
Primary business means over 15 percent of customers, volume of sales, stock in trade,
display areas, or presentation time in any three -month increment period beginning from
the date of issuance of a certificate of occupancy. Stock in trade shall be measured with
all titles or objects available on the premises for sale or rental including those that are
identical considered a separate title or object.
Regularly means featuring, promoting, or advertising a happening or occurrence on a
recurring basis.
Residential district means a district zoned for residential uses under the zoning
ordinance of the city.
Residential use means a use for single - family dwelling, townhome, duplex dwelling,
triplex dwelling, fourplex dwelling, mobile home, manufactured housing or manufactured
home, or multiple family dwelling as defined in chapter 118.
Sexually oriented business means an adult arcade, adult bookstore, adult cabaret, adult
motel, adult movie theater, adult video store, love parlor, nude modeling studio or other
commercial enterprise, a primary business of which is the offering of a service or the
selling, renting or exhibiting of devices or any other items intended to provide sexual
stimulation or sexual gratification to its customers, and which is distinguished by or
characterized by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, or whose employees or customers
appear in a state of nudity. The term sexually oriented business shall not be construed
to include:
(1) Any business operated by or employing licensed psychologists, licensed physical
therapists, registered massage therapists, registered nurses, or licensed athletic
trainers engaged in practicing such licensed professions;
(2) Any business operated by or employing licensed physicians or licensed
chiropractors engaged in practicing the healing arts;
(3) Any retail establishment whose principal business is the offering of wearing
apparel for sale to customers and which does not exhibit merchandise on live
models; or
(4) Any activity conducted or sponsored by any Texas independent school district,
licensed or accredited private school, or public or private college or university.
Specified anatomical areas means human genitals, pubic regions, buttocks and female
breast below a point immediately above the top of the areola.
Specified sexual activities means and includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, pubic hair,
perineum, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation, sodomy, or bestiality;
(3) Masturbation, actual or simulated; or
(4) Excretory functions."
Section 2: Violation of Division I of Article III of Chapter 153 of the North Richland
Hills Code of Ordinances shall constitute a misdemeanor punishable by a
fine not exceeding Five Hundred Dollars ($500.00). Each separate
violation shall be punishable hereunder and each day each such violation
shall be allowed to exist or continue shall constitute a separate violation
punishable hereunder.
Section 3: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses of this ordinance
as an alternative method of publication provided by law.
Section 4: This ordinance shall be effective immediately upon passage.
I
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 27th day of September, 2010.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
John Pitstick, Planning & Development Director
CITY OF
NORTH RICHLAND HILLS
Department: Public Works Council Meeting Date: 9 -27 -2010
Presented by: Gregory Van Nieuwenhuize Agenda No. B.3
Subject: PW 2010 -036 Approve the Abandonment of a Portion of a Drainage and Utility
Easement Located within the Woodland Estates South Addition (Block 1, Lots 1 & 5) —
Ordinance No. 3115
Summary
The City Council is being asked to approve an Ordinance which abandons an unneeded
Drainage and Utility Easement and authorizes the City Manager to execute a quitclaim
deed on behalf of the City.
General Description
The Woodland Estates South Addition is located on the north side of Martin Drive, just
west of Precinct Line Road. The construction of public infrastructure for this
development was completed earlier this year and accepted by the City in January.
The final plat for this development (Woodland Estates South Addition; Blocks 1, 2 & 3)
was approved in September 2009. At the time of final platting, two (2) appendages to a
pre- existing Drainage and Utility easement were designated for abandonment by
separate instrument. These portions of the easement could not be abandoned with the
plat as they were not originally dedicated by plat. These appendages or "fingers"
alongside the main ten foot (10') easement were put in place to accommodate future
extensions of sanitary sewer mains. However, due to the lot layout of the development,
extensions to the sanitary sewer system were no longer needed at these points. There
are no public water, sanitary sewer or drainage facilities within these portions of the
easement.
The developer is requesting that these appendage portions (400 square feet total) of the
Drainage and Utility Easement be abandoned at this time.
Recommendation
Approve Ordinance No. 3115
Enclosures:
Woodland Estates South Addition Lot Layout (depicting easements for abandonment)
Ordinance No. 3115 (including exhibits)
Quitclaim Deed (including exhibits)
I
Woodland Estates South Addition Lot Layout
(depicting easements for abandonment)
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NRH ORDINANCE NO. 3115
AN ORDINANCE ABANDONING A PORTION OF AN UNNEEDED
DRAINAGE AND UTILITY EASEMENT LOCATED IN THE CITY OF
NORTH RICHLAND HILLS, TEXAS AND AUTHORIZING ITS
CONVEYANCE TO THE OWNER OF THE UNDERLYING FEE
WHEREAS, in the development of Woodland Estates South Addition; Block 1, Lots 1 &
5 (Instrument No. D209260466 of the Plat Records of Tarrant County,
Texas) located on the north side of Martin Drive, west of Stone Creek
Drive, a portion of a Drainage and Utility Easement is no longer required
due to the development of these lots and it is proposed that a portion of
the existing Drainage and Utility Easement be abandoned and conveyed
to the owner of the underlying fee; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
SECTION 1. THAT a portion of an Ingress, Egress, Water, Sanitary Sewer and
Drainage Easement as depicted on Exhibits A and B hereto, is hereby
abandoned
SECTION 2. THAT the City Manager is hereby authorized to execute a quitclaim deed
on behalf of the City to the owner of the underlying fee.
PASSED AND APPROVED this the 27th day of September, 2010.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Mike Curtis, P.E., Managing Director
CXHIGI A
'f-?ACI I - Fi-F;-D NOTES FOP, A PORPON OF A JO' DRNNAGE AND UTIl
EASEMENT TO BE AGANDONED�
BEING A PORTION OF . OT 1, BLOCK 1, Wl ES AIES SOUTH, AN ADIDTION TO THE C17
OF NORIH PICHI.AND" TARRANT COUNTY, TEXAS. ACCORDING TO PLAT RECORDED IN
COUNTY CLERKS NO,. D209260466, DEED rECORDS, TARRANT COUNTY, TEXAS, AND BEINIC
DESCRIBED AS FOLLOViS:
DECINNING AT THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING
LOCATED 27.76 FEET NORTH 00 DEGREES 41 MINUTES 33 S WEST AND 10,00 FEET
R
NORTH 89 DEGREES 18 MINUTES 27 SECON:)S, CAST FROM 'HE SO IN EST CORNE OF UTH
OT 1, BLOCK 1, SAID WOODLAND HILLS SOJTH;
THENCE NORTH 00 DEGREES 41 MINUTE'S, 33 SECONDS WEST 10,00 ;:EET;
THENCE NORTH 89 DEGREFS 18 MINUTES 27 SECONDS EAST 20,00 FEET,
THENCE SOUTH 00 DEGREE 41 MINUTES 33 SECONDS EAST 10.00 FEET;
S
THENCE SOUTH 59 DEGREES 1 8 MINUTES 27 SECONDS WEST 20,00 FEET TO THE
POINT OF BEGINNING AND CCINTA iNING 2MO' SQUARE F-EET OF [AND MORE OR LESS
TRACT it - FIELD N01"E"S FOR A. PORTION OF A 10 DRAINAGE AND UTILITY
FASFMFNT TO BE ABANDONED:
BEING A PORTION Or' LOT 5, KOCK 1, 'WOODLAND ESTATES SOUTH, AN ADDITION TO THE CITY
OF NORTH RICHLAND H:LLS, TARRA14T COUNTY, TEXAS, ACCORDING To PLAT, RECORDED IN
COUNTY C11RKS D . 20 DEED P�ECORDS, TARRAN COUNTY, TEXAS, AND BEING
DESCRIBED AS FOLLOWS.
EEGINNING AT THE SOUTHWEST CORNER OF TRACT BEING DESCRIeED. SAD POINT BONS
LOCATED 26�3Ei FEET NORTH, 00 DEGREES 41 MINUTES 33 SECO"�E)5 WEST AND 10.00 FEET
NORTH 89 DE 18 MINUIES 27 SECONDS EAST FROM THE SOUTHWEST CORNER OF
t,( 5, B 1, SND WOODLAND HILLS SOUTH, M FEET;
THENCE HDIRT-1 00 DEGREES 41 MINUTES 33 SECONDS WEST 10
THENCE NORTH 89 DEGREES 18 MINUTE'S 27 SECONDS EAST 2CY00 V -El"
THENCE SOUTH 00 DEGREES 41 fiqNuTES 33 SECONDS EAST 10.00 FEET;
THENCE SOUTi--1 89 DEGREES 18 MINUTES 27 SECONDS WEST 20.00 FCCT TO THE
PoI.N1 (7 BEGINNING AND CONT INING 200.O SQUARE FEET OF LAND MORE OR LESS
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QUITCLAIM DEED
Notice of Confidentiality Rights:
If you are a natural person, you may remove or strike any of the following information
from this instrument before it is filed for record in the public records: your social
security number or your driver's license number.
Date:
Grantor: CITY OF NORTH RICHLAND HILLS, Tarrant County, Texas
Grantor's Mailing Address (including county):
P.O. Box 820609
North Richland Hills
Tarrant County, Texas 76182 -0609
Grantee: J & J NRH 100 FLP
Grantee's Mailing Address (including county):
700 West Harwood Road
Suite A
Hurst
Tarrant County
Texas 76054
Consideration: TEN DOLLARS ($10.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged.
Property: All that utility easement, described on Exhibits A and B
attached hereto as a Drainage and Utility Easement to be
abandoned, such easement being located in North Richland
Hills, Tarrant County, Texas,
Reservations from Conveyance: None.
Grantor, for the Consideration and subject to the Reservations from Conveyance,
quitclaims to Grantee all of Grantor's right, title, and interest in and to the property, to
have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors,
or assigns forever. Neither Grantor nor Grantor's heirs, executors, administrators,
successors, or assigns shall have, claim, or demand any right or title to the property or
any part of it.
When the context requires, singular nouns and pronouns include the plural.
I
SIGNED this day of , 2010
GRANTOR:
CITY OF NORTH RICHLAND HILLS, TEXAS
By
Mark Hindman, City Manager
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day, personally appeared Mark
Hindman, City Manager of the City of North Richland Hills, a Texas municipality, and
acknowledged to me that he executed the same for the purposes and consideration,
therein expressed, and in the capacity therein stated as the act and deed of the City of
North Richland Hills, Texas.
SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this
the _ day of , 2010.
Notary Public in and for
The State of Texas
After Recording, please return to:
City of North Richland Hills
City Secretary's Office
7301 N.E. Loop 820
North Richland Hills, TX 76180
CXWOF A
RACl I - F17i -D NCIES FOR A PORTION Or A 1C* DRAINAGE AND UTILI,-.
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COUNTY CLERKS NO, D209260450, DEED RECORM TARRANT COUNTY, TEXAS AND GFIN��
DESCRIBED AS FOLLOAS:
BECINNiNG AT THE SOUTHAiEST CORNER OF' TRACT BEING DESCRIBED. SAID POINT BEING
I 27- FEET NORTH PC DEGREES 41 MINUTES 33 SECONDS WEST AND 10,00 FEET
NORTH 89 DEGREES 18 MINUTES 27 SECONDS CAS FROM THE SOUTHINEST CORNER OF
LOT 1, BLOCK 1, SAID WOOD-AND HILLS SOUTH,
THENCE NORTH DO DEGREES 41 MINUTES 33 SECONDS WE-ST 10,00 EET:
THENCE NORTH Fig UIEGREFS 1 18 MINUTES 77 SECONDS EAST 20.00 FEET;
THENCE SOUTH 00 DEGREES 41 MINVES 33 SECONDS EAST 10,00 FEET,
THENCE SOUTH 139 IDEOPEES 1 8 MINUTES 27 SECONDS WEST 20,00 FEET '70 THE
PGINT Or' BEGINNING AND CONTAINING 200,0 SQUARE F-ET OF LAND MORE OR LESS
TRACT J - FIELD NOT . .... . S FOR A. PORTION OF A 10' ORMNIAGE AND UTILITY
F TC.) BE ABANDONED:
BEING A PORTION OF LOT 5, B-C)'-"K 1, WOODLAND ESTATES SOUTH, AN ADDHION TO THE CITY
OF NORTH CHLAND H.LLS, TARRANT COUNTY. TEXAS, ACCORDING Y 0 P-AT RFCORDEC IN
COUNTY CLERKS N!"), DZO92[504156, DEED RECORDS, TARRANT COJNTY, TEXAS, AND BEING
IDESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWCST CORNER OF TRACT BEING DESCRIBED, SA.D POINT BEtN
LOCATED 26.35 FEET NORTI-4 00 DEGREES 41 MINUTES 33 SECONDS WEST AND 10,00 FEET
NORTH 89 DECO( EFS 18 MINUTES 27 EAST FROM THE SOUTHWEST CORNER OF
t_OT 1 5, BLO I, SA0 WOODLAND HILLS SOUTH; 1C1 DD FEET;
THENCE NDRTII 06 DEGREES 41 MINJTES 33 SECONDS WEST
TI-1I NCE NORT�-1 89 DEGREES 18 KIINUTE 27 SECONDS EAST 20,00
THENCE S0,UlH (30 DEGREES 41 MIN JIES 33 SECONDS EAST 10.00 FEE',
THENCE SOUTH 89 DEGREES 13 MIN JTES 27 SECONDS WEST 20,00 FEET TO THE
POINT OF BEGINNING AND CONTAINING 200.O SQUARE FEET OF LAND MORE CSR LESS
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I
CITY OF
NORTH RICHLAND HILLS
Department: Budget Council Meeting Date: 9 -27 -2010
Presented by: Mark Mills Agenda No. B.4
Subject: GN 2010 -077 Authorize the City Manager to Execute an Agreement with
Linebarger Goggan Blair & Sampson, LLP for Delinquent Tax Collection Services
Summary
City Council is requested to authorize the City Manager to execute an agreement with
Linebarger Goggan Blair & Sampson, LLP for delinquent tax collection services.
General Description
The firm of Linebarger Goggan Blair & Sampson, LLP has provided delinquent property
tax collection services for the City of North Richland Hills since 1994. Staff has
continually evaluated the tax attorney's performance and is pleased with their efforts.
Collections, including penalty and interest over the last five years, have exceeded $1.5
million.
Attached is a copy of the agreement to be executed between Linebarger Goggan Blair
& Sampson and the City of North Richland Hills. As compensation for its services,
Linebarger Goggan Blair & Sampson will receive 20% of all 2003 and subsequent year
taxes, penalty and interest, subject to the terms of this agreement, collected and paid to
the City. The percentage for years 2002 and prior will be 15 %. These rates are
consistent with the City's prior agreement with the firm.
This agreement will be effective October 1, 2010 and shall expire on September 30,
2011. Upon agreement of the City and Linebarger Goggan Blair & Sampson, LLP, the
contract shall renew for additional and successive one -year terms at the end of each
renewal period.
Recommendation
To authorize the City Manager to execute a contract with Linebarger Goggan Blair &
Sampson, LLP for Delinquent Tax Collection Services.
I
Agreement for Tax Collection Services
This Agreement is made between Linebarger Goggan Blair & Sampson, LLP
(hereinafter referred to as the "Firm") and CITY OF NORTH RICHLAND HILLS
(hereinafter referred to as the "Client`).
Article I
Nature of Relationship
1.01 The parties hereto acknowledge that this Agreement creates an attorney-
client relationship.
1.02 The Client hereby employs the Firm to provide the services hereinafter
described for compensation hereinafter provided.
Article 2
Scope of services
2.01 The Firm shall take reasonable and necessary actions to collect property
taxes that are owed to the Client and to any other taxing unit whose taxes are assessed
and collected by the Client, and that are subject to this agreement, as hereinafter
provided,
2.02 The Client may from time-to-time specify in writing additional actions to be
taken by the Firm in connection with the collection of taxes that are owed to the Client.
Client further constitutes and appoints the Firm as Client's attorneys to sign all legal
instruments, pleadings, drafts, authortzations and papers as shall be reasonably
necessary to prosecute the Client's claim for taxes
2.03 Taxes owed to the Client shall become subject to this agreement upon the
following dates, whichever occurs first"
(a) On February I of the year in which the taxes become delinquent if a
previously filed tax suit is then pending against the property subject to the tax:
(b) On the date any lawsuit is filed with respect to the recovery of the tax If the
tax is delinquent and is required to be included in the suit pursuant to TEX. TAX CODE
33-42(a),
(c) On the date of filing any application for tax warrant where recovery of the
tax or estimated tax is sought and where the filing of an application for tax warrant by
the Firm is at the request of Client's Tax Assessor-Collector,
(d) On the date of filing any claim in bankruptcy where recovery of the tax is
sought: or
(e) In the case of tangible personal property, on the 60th day after the
February 1 delinquency date. or
(f) On July 1 of the year in which the taxes become delinquent
Article 3
Compensation
3,01 Client agrees to pay to the Firm, as compensation for the services
required herein, as follows,
(a) fifteen (15%) percent of the amount of all 2002 and prior year taxes,
penalty and interest subject. to the terms of this contract as set forth in Paragraph 2.03
above, collected and paid to the collector of taxes during the term of this contract, as
and when collected: and
(b , ) twenty (20%) percent of the amount of all 2003 and subsequent year
taxes, penalty and interest subject to the terms of this contract as set forth in Paragraph
2.03 above, collected and paid to the collector of taxes during the term of this contract,
as and when collected,
3.02 The Client shall pay the Firm by the twentieth day of each month, all
compensation earned by the Firm for the previous month as provided in this Article 3,
All compensation above provided for shall become the property of the Firm at the time
payment of the taxes, penalty and interest is made to the collector.
Article 4
Intellectual Property Rights
4,01 The Client recognizes and acknowledges that the Firm owns all right, title
and interest in certain proprietary software that the Firm may utilize in Conjunction with
performing the services provided in this Agreement, The Client agrees and hereby
grants to the Firm the right to use and incorporate any information provided by the
Client ("Client Information") to update the databases in this proprietary software., and,
notwithstanding that Client Information has been or shall be used to update the
databases in this proprietary saftware, further stipulates and agrees that the Client shall
have no rights or ownership whatsoever in and to the software or the data contained
therein, except that the Client shall be entitled to obtain a copy of such data that directly
relates to the Client's accounts at any time.
4.02 The Firm agrees that it will not share or disclose any specific confidential
Client information with any other company, individual, organization or agency, Without
the prior written consent of the Client, except as may be required by law or where such
information is otherwise publicly available. it is agreed that the Firm shall have the right
to use Client Information for internal analysis, purposes of improving the proprietary
software and database, and to generate aggregate data and statistics that may
inherently contain Client information. These aggregate statistics are owned solely by
the Firm and will generally be used internally, but may be shared With the Firm's
affiliates, partners or other third parties for purposes of improving the Firm's software
and services.
Article 6
Costs
6,01 The Firm and Client recognize that publication costs for citations and
notices of sale and title abstract costs will be Incurred in the process of providing the
litigation services contemplated in this Agreement All such costs shall be billed to the
Client, in care of the Firm, and the Firm will advance the payment of such costs on
behalf of the Client. Upon recovery of such costs from the defendants or from the tax
sale of defendants* property, the Firm shall be reimbursed for the advance payment.
Alternatively, the Firm may arrange with the vendor or agency providing the service that
actual payment of the costs of services is wholly contingent upon recovery of such costs
by the Client or the Firm from the defendants or from the tax sale of defendants'
property. In such contingent arrangements, the Client has no responsibility or liability
for payment or advancement of any costs, other than forwarding to the vendor or
service provider any cost amounts received from defendants or from the tax sale of
defendants' property,
6.02 The Client acknowledges that the Firm may provide services, such as title
research, with its own employees or with other entities or individuals who may be
affiliated with the Firm, but the Firm agrees that any charges for such services will be
reasonable and consistent with what the same services would cost if obtained from a
third party, The Client agrees that upon the recovery of such costs, the Client will: (i)
pay the Firm for any such costs which have been advanced by the Firm or performed by
the Firm, and (4) pay any third party agency or vendor owed for performing such
services
Article 6
Teirm and Termination
6.01 This Agreement shall be effective on October 1, 2010 (The "Effective
Date") and shall expire on September 30, 2011 (the "Expiration Date') unless extended
as hereinafter provided,
6.02 Unless prior to 30 days before the Expiration Date, the Client or the Firm
notifies the other in writing that it does not wish to continue this Agreement beyond its
initial term, this Agreement shall be automatically extended for an additional one year
period without the necessity of any further action by either party In the absence of any
such 30 day notice by either the Client or the Firm, the Agreement shall continue to
automatically renew for additional and successive one-year terms in the same manner
at the end of each renewal Period
6.03 If at any time during the initial term of this Agreement or any extension
hereof, the Client determines that the Firm's performance under this Agreement is
unsatisfactory, the Client shalt notify the Firm in writing of the Clients determination.
The notice from the Client shall specify the particular deficiencies that the Client has
observed in the Firm's performance The Firm shall have sixty (60) days from the date
of the notice to cure any such deficiencies, If at the conclusion of that sixty-day
remedial period, the Client remains unsatisfied with the Firm's performance, the Client
may terminate this Agreement effective upon the expiration of thirty days following the
date of written notice to the Firm of such termination ( "Termination Date ").
+6.04 Wiether this Agreement expires or is terminated, the Firm shall be entitled
to continue to prosecute any tax suits, applications for tax warrants or bankruptcy claims
pending on the Termination Date or Expiration Date for an additional six months
following termination or expiration. The Client agrees that the Firm shall be
compensated as provided by Article 3 for any base tax, penalties and interest collected
in the pending matters during the six -month period,
6.05 The Client agrees that the Firm shall be reimbursed for any costs
advanced and shall be paid for any services performed pursuant to Article 5 when such
costs are recovered by or on behalf of the Client, regardless of the date recovered. It is
expressly agreed that neither the expiratlon nor the termination of this Agreement
constitutes a waiver by the Firm of its entitlement to be reimbursed for such oasts and to
be paid for such services. It is further expressly agreed that the expiration of any six•
month period under Section 6.04 does not constitute any such waiver by the IFirm,.
Article 7
Miscellaneous
7.01 Assignment and Subcontracting. This Agreement is not assignable,
provided however, the Firm may from time -to -time obtain co- counsel or subcontract
some of the services provided for herein to other law firms or entities In such cases,
the Firm will retain supervisory control and responsibility for any services provided by
such co- counsel or subcontractors and shall be responsible to pay any compensation
due to any such co- counsel or subcontractor.
7:82 lntegrabon. This ,Agreement contains the entire agreement between the
parties hereto and may only be modified in a written amendment, executed by both
parties,
7.03 Representation of Other Taxing Entities, The Client acknowledges and
consents to the representation by the Firm of other taxing entities that may be owed
taxes or other claims and to secured by the same property as the Client's claim.
I
In consideration of the terms and compensation herein stated, the Firm
hereby accepts said employment and undertakes the performance of this Agreement as
above written. This Agreement is executed on behalf of the Firm and of the Client by
the duly authorized persons whose signatures appear below,
CITY OF NORTH RICHLAND HILLS Linebarger Goggan Blair
& Sampson, LLP
By: By'•
Mark Hindman, City Manager Stephen T. Meeks, Managing Partner
Date: i Gate;11
I
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -2010
Presented by: Agenda No. C.0
Subject: PUBLIC HEARINGS
No items for this category.
I
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -2010
Presented by: 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 Council Meeting Date: 9 -27 -2010
Presented by: Agenda No. E.0
Subject: PUBLIC WORKS
CITY OF
NORTH RICHLAND HILLS
Department: Public Works Council Meeting Date: 9 -27 -2010
Presented by: Gregory Van Nieuwenhuize Agenda No. E.1
Subject: PW 2010 -037 Award a Professional Services Agreement to Baird, Hampton &
Brown, Inc. in the amount of $364,500 for the Meadowview Estates Channel Drainage
Improvements Project (DR1004)
Summary
Council is being asked to award a professional services contract for the CIP Project
identified as "Meadowview Estates Channel Drainage Improvements" in the Capital
Projects Budget.
General Description
This project will consist of the reconstruction of the existing 1,800 feet long concrete
drainage channel in the Meadowview Estates Addition. While the project's construction
limits are between Jill Court and Northfield Park, the "design limits" (limits identified in
the professional services agreement) will extend at least 100 feet further on each end of
the concrete portion of the channel to ensure that the existing drainage is not adversely
affected by the future construction. The estimated cost of the entire project is
$2,500,000. This project was identified in the 2003 Bond Program. The design work
also includes the submission of the appropriate documentation and studies to the
Federal Emergency Management Agency (FEMA) and the Army Corps of Engineers.
The design will include the renovation of the bridge structure (box culverts) under
Northfield Drive. All design work will be in compliance with the Public Works Design
Manual.
Staff followed the City's policy for procuring professional services for the design of this
project. Requests for Qualifications (RFQ 10 -037) were initially sent to 52 local
engineering firms; 24 firms responded by submitting Statements of Qualifications
( "SOQs ") to the City. Five (5) North Richland Hills' staff members (the Assistant
Director of Public Works, the Public Works Department's Civil Engineer, the Public
Works Department's Street & Drainage Superintendent, the Planning & Development
Department's Chief Planner and an Assistant Director from the Parks & Recreation
Department) comprised the selection committee. The selection committee interviewed
the four (4) most qualified SOQs for this size and type of project. The shortlisted firms
were selected based on each firm's design experience on similar projects, current work
load, proposed project approach and estimated design schedule.
After each of these firms provided presentations to the committee, Baird, Hampton &
Brown, Inc. (BHB) was unanimously chosen as the top firm for the Meadowview Estates
Channel Drainage Improvements Project.
BHB has been in business since 1992 and has extensive experience in the design of
urban drainage systems. BHB has put together an excellent design team for this
project, with a project manager that has over 25 years of municipal engineering design
experience. The design team is committed to delivering a design that meets the needs
and expectations of North Richland Hills.
The engineering agreement outlines the scope of work in Exhibit B (Basic Engineering
Services), Exhibit C (Special Engineering Services) and Exhibit D (Additional
Engineering Services). Listed below are the key items within the scope of work:
• Survey (at least 100 ft. upstream and downstream of the existing concrete
drainage channel)
• Geotechnical Work (including a retaining wall stabilization analysis due to
periodic inundation)
• Analysis of the existing drainage system, design, and future hydrology and
hydraulics, to ensure compliance with FEMA requirements and the Public Works
Design Manual
• Acquisition of a 404 Permit (and the acquisition of an Individual 404 Permit, if
necessary)
• Landscaping within the "Line of Sight" from Northfield Drive
• Acquisition of a Conditional Letter of Map Revision (if necessary)
• Acquisition of a letter of Map Revision
• Incorporation of the Briarwood Project's Alternates (if necessary)
• Utility coordination with franchise utility companies
• Preparing exhibits and attending two (2) neighborhood meetings with residents
• Construction administration
The engineering agreement indicates a detailed schedule for this work as follows:
Activity Due Date
City Council Approves Contract September 27, 2010
Project Kick -Off Meeting Week of October 11, 2010
Geotech & Survey Complete December 13, 2010
Concept Plans to City November 29, 2010
Neighborhood Meeting Week of December 13, 2010
Submit 75% Construction Plans May 9, 2011
Neighborhood Meeting Week of May 30, 2011
Complete Final Plans July 8, 2011
Advertise for Construction Bids Weeks of August 8 & 15, 2011
Open Construction Bids Week of August 29, 2011
Begin Construction Early November 2011
The Public Works Department negotiated a design fee of $364,500. This design fee
consists of a base design fee, a fee for special services and a fee for additional
services. Shown below is a breakdown of this design fee:
Base Design Fee $ 220,250
• Engineering Design
• Landscaping Design
• Hydraulic Models for both Existing and Fully Developed
Conditions
• Construction Administration
• Conduct Neighborhood Meetings
Special Services $ 99,750
• Surveying
• Geotechnical Engineering
• Slope Stability Analysis
• Obtain Section 404 Nationwide Permit
• Acquisition of a Conditional Letter of Map Revision
• Acquisition of a Letter of Map Revision
Additional Services $ 44,500
• Incorporation of the Alternates from the Briarwood
Addition Drainage Improvements into this Project
• Obtain Section 404 Individual Permit
• Create 15 Sets of Separate Easement Exhibits
Total Design Fee $ 364,500
The total amount of the professional services agreement for this project is $364,500.
There is sufficient funding between the current Capital Projects Budget and next fiscal
year's Capital Projects Budget to adequately fund this professional services agreement
for this project. Engineering design costs for these two (2) fiscal years is budgeted as
$415,000.
Recommendation
Approve the professional services agreement with Baird, Hampton & Brown, Inc. in the
amount of $364,500 for the Meadowview Estates Channel Drainage Improvements
Project (DR1004) and authorize the City Manager to execute such agreement.
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I
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN THE
CITY OF NORTH RICHLAND HILLS
AND
BAIRD, HAMPTON & BROWN, INC.
I.
This Agreement is executed by and between the City of North Richland Hills, a
municipal corporation located in Tarrant County, Texas, acting by and through Mark
Hindman, its duly authorized City Manager (hereinafter called "CITY "), and Baird,
Hampton & Brown, Inc. a Texas corporation, acting by and through John W. Baird,
Jr.; its duly authorized Principal (hereinafter called "ENGINEER ").
WITNESSETH, that CITY desires professional engineering services in connection
with the Meadowview Estates Channel Drainage Improvements (DR1004).
NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual
covenants and agreements herein contained, do mutually agree as follows:
II. PROJECT
In this Agreement, the "PROJECT" means the engineering design of the
Meadowview Estates Channel Drainage Improvements (DR1004) in accordance with
the Public Works Design Manual, applicable CITY codes, regulations and standards.
The limits of the PROJECT are generally from the beginning of the existing concrete
channel liner in Northfield Park, upstream approximately 1,600 feet to the end of the
existing concrete channel liner.
III. BASIC AGREEMENT
ENGINEER is an independent contractor and undertakes and agrees to perform
professional engineering services in connection with the PROJECT, as stated in the
sections to follow. It is understood and agreed that ENGINEER is not and will not by
virtue of this contract be deemed to be an agent or employee of CITY and that CITY will
not be entitled to direct the performance by ENGINEER's employees or subcontractors
of the tasks contemplated by this contract. All engineering services shall be performed
with diligence and in accordance with professional standards customarily obtained for
such services in the State of Texas. For rendering such services CITY agrees to pay
ENGINEER as set forth in Section VIII: "Compensation" and Exhibit F: "Compensation ".
IV. SCOPE OF ENGINEER'S SERVICES
ENGINEER shall render the professional services necessary for development of the
PROJECT, in accordance with the schedule in Exhibit A: "Project Schedule" and as
detailed in Exhibit B: "Basic Engineering Services ", said exhibits being attached hereto
and incorporated herein for all purposes. ENGINEER shall be responsible, to the level
of competency presently maintained by other practicing professional engineers in the
same type of work in the Dallas /Fort Worth Metroplex area, for professional and
technical soundness, accuracy, and adequacy of all designs, drawings, specifications,
and other work and materials furnished under this Agreement.
V. SPECIAL ENGINEERING SERVICES
The CITY will pay the ENGINEER for Special Engineering Services as indicated in
Exhibit C: "Special Engineering Services ", attached hereto and made a part of this
Agreement.
VI. ADDITIONAL ENGINEERING SERVICES
The CITY will pay the ENGINEER for Additional Engineering Services as indicated
in Exhibit D: "Additional Engineering Services ", attached hereto and made a part of this
Agreement.
VII. SCOPE OF CITY SERVICES
The City will furnish items and perform those services as identified in Exhibit E:
"Services to be provided by the City ", attached hereto and made a part of this
Agreement.
VIII. COMPENSATION
A. In consideration of the services described herein, CITY shall pay and ENGINEER
shall receive compensation in accordance with Exhibit F: "Compensation ".
B. Total payments including without limitation salary and reimbursable expenses, to
ENGINEER by CITY for the services stated in Section IV, Section V and Section
VI above shall not exceed Three Hundred Sixty -Four Thousand Five Hundred
Dollars ($364,500.00).
C. CITY may authorize additional services to be provided by ENGINEER as
mutually agreed upon by the parties. Any authorization for additional services
shall be given to ENGINEER by CITY in writing and approved by CITY.
D. CITY and ENGINEER understand that the variables in ENGINEER's cost of
performance may fluctuate. The parties agree that any fluctuation in
ENGINEER's costs will in no way alter ENGINEER's obligations under this
Agreement nor excuse performance or delay on ENGINEER's part.
IX. OWNERSHIP OF DOCUMENTS
All completed or partially completed evaluations, reports, surveys, designs, drawings
and specifications prepared or developed by ENGINEER under this Agreement,
including any original drawings, computer disks, mylars or blue lines, shall become the
property of CITY when the Agreement is concluded or terminated, and may be used by
CITY in any manner it desires; provided, however, that ENGINEER shall not be liable
for the use of such drawings for any project other than the PROJECT described in this
Agreement.
X. INDEMNITY
ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ANY LIABILITY ON
ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY
PERSON OR PROPERTY, INCLUDING COURT COSTS AND REASONABLE
ATTORNEYS' FEES INCURRED BY CITY, PROXIMATELY CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OF ENGINEER OR ITS OFFICERS, AGENTS,
SERVANTS, CONTRACTORS, OR EMPLOYEES IN THE EXECUTION, OPERATION,
OR PERFORMANCE OF THIS AGREEMENT.
Approval by CITY of contract documents shall not constitute or be deemed to be a
release of the responsibility and liability of ENGINEER, its officers, agents, employees
and subconsultants, for the accuracy and competency of the services performed under
this Agreement, including but not limited to evaluations, reports, surveys, designs,
working drawings and specifications, and other engineering documents. Approval by
CITY shall not be deemed to be an assumption of such responsibility and liability by
CITY for any error, omission, defect, deficiency or negligence in the performance of
ENGINEER's professional services or in the preparation of the evaluations, reports,
surveys, designs, working drawings and specifications or other engineering documents
by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of
the parties that approval by CITY signifies CITY's approval of only the general design
concept of the improvements to be constructed.
In this connection, ENGINEER and its subconsultants shall indemnify and hold CITY
and all of its officers, agents, servants, and employees harmless from any loss,
damage, liability or expenses, on account of damage to property and injuries, including
death, to any and all persons, including but not limited to officers, agents or employees
of ENGINEER or its subconsultants, and all other persons performing any part of the
work and improvements, which may arise out of any negligent act, error, or omission in
I
the performance of ENGINEER's professional services or in the preparation of
evaluations, reports, surveys, designs, working drawings, specifications and other
engineering documents incorporated into any improvements constructed in accordance
therewith; ENGINEER shall defend at its own expense any suits or other proceedings
brought against CITY and its officers, agents, servants and employees or any of them
on account of the foregoing described negligent acts, errors or omissions, and shall pay
all expenses and satisfy all judgments which maybe incurred by or rendered against
CITY, its officers, agents, servants and employees or any of them, in connection with
the foregoing described negligent acts, errors, or omissions; provided and except
however, that this indemnification provision shall not be construed as requiring
ENGINEER to indemnify or hold CITY or any of its officers, agents, servants or
employees harmless from any loss, damages, liability or expense, on account of
damage to property or injuries to persons caused by defects or deficiencies in design
criteria and information furnished to ENGINEER by CITY, or any deviation in
construction from ENGINEER's designs, working drawings, specifications or other
engineering documents.
XI. INSURANCE
For the duration of this Agreement, ENGINEER shall maintain the following
minimum public liability and property damage insurance which shall protect ENGINEER,
its subcontractors, its subconsultants and CITY from claims for injuries, including
accidental death, as well as from claims for property damage which may arise from the
performance of work under this Agreement. ENGINEER shall provide a Certificate of
Insurance verifying that the following minimum limits of coverage are provided:
A. Worker's Compensation Insurance:
Statutory requirements ($ 300,000 minimum)
B. Comprehensive General Liability and Bodily Injury:
Bodily Injury $ 500,000 per person, or
$ 1,000,000 per occurrence; and
Property Damage $ 100,000 each occurrence; or
Combined Single Limit $ 1,000,000 aggregate
C. Comprehensive Automobile Liability:
Bodily Injury $ 500,000 per person, or
$ 1,000,000 per occurrence; and
Property Damage $ 100,000 each occurrence; or
Combined Single Limit $ 1,000,000 aggregate
D. Professional Liability:
Errors and Omissions $ 1,000,000
The Certificate of Insurance shall contain a provision that such insurance cannot be
canceled or modified without thirty (30) days prior written notice to CITY.
XII. ARBITRATION
No arbitration arising out of or relating to this Agreement shall occur without both
parties' written approval.
XIII. TERMINATION AND SUSPENSION
A. CITY may terminate this Agreement at any time for convenience or for any cause
by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate
this Agreement in the event the other party fails to perform in accordance with
the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall
immediately discontinue all services and work and the placing of all orders or the
entering into contracts for supplies, assistance, facilities, and materials, in
connection with the performance of this Agreement and shall proceed to cancel
promptly all existing contracts insofar as they are chargeable to this Agreement.
B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall
pay ENGINEER a reasonable amount for services performed prior to such
termination, which payment shall be based upon the payroll cost of employees
engaged on the work by ENGINEER up to the date of termination of this
Agreement and for subcontract and reproduction in accordance with the method
of compensation stated in Section VIII: "Compensation" hereof. In the event of
termination, the amount paid shall not exceed the amount appropriate for the
percentage of work completed.
XIV. SUCCESSORS AND ASSIGNS
CITY and ENGINEER each bind themselves and their successors, executors,
administrators and assigns to the other party of this Agreement and to the successors,
executors, administrators and assigns of such other party in respect to all covenants of
this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or
transfer its interest in this Agreement without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or
agent of CITY.
XV. AUTHORIZATION, PROGRESS, AND COMPLETION
CITY and ENGINEER agree that the PROJECT is planned to be completed in
accordance with the Exhibit A: "Project Schedule" which is attached hereto and made a
part hereof. ENGINEER shall employ manpower and other resources and use
professional skill and diligence to meet the schedule; however, ENGINEER shall not be
responsible for schedule delays resulting from conditions beyond ENGINEER's control.
With mutual agreement, CITY and ENGINEER may modify the Project Schedule during
the course of the PROJECT and if such modifications affect ENGINEER's
compensation, it shall be modified accordingly, subject to City Council approval.
For Additional Engineering Services, the authorization by CITY shall be in writing
and shall include the definition of the services to be provided, the schedule for
commencing and completing the services and the basis for compensation as agreed
upon by CITY and ENGINEER.
It is understood that this Agreement contemplates the full and complete Engineering
services for this PROJECT including any and all services necessary to complete the
work as outlined in Exhibit B: "Basic Engineering Services ". Nothing contained herein
shall be construed as authorizing additional fees for services to provide complete
services necessary for the successful completion of this PROJECT.
XVI. SUBCONTRACTS
ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of
the services to be performed by ENGINEER under this Agreement.
XVII. RIGHT TO AUDIT
ENGINEER agrees that CITY shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine and photocopy
any directly pertinent books, design calculations, quantity take -offs, documents, papers
and records of ENGINEER involving transactions relating to this Agreement.
ENGINEER agrees that CITY shall have access during normal working hours to all
necessary ENGINEER facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. CITY
shall give ENGINEER reasonable advance notice of intended audits.
ENGINEER further agrees to include in all its subconsultant agreements hereunder
a provision to the effect that the subconsultant agrees that CITY shall, until the
expiration of three (3) years after final payment under the subcontract, have access to
and the right to examine and photocopy any directly pertinent books, design
calculations, quantity take -offs, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that CITY shall have access
during normal working hours to all subconsultant facilities, and shall be provided
adequate and appropriate work space, in order to conduct audits in compliance with the
provisions of this article. CITY shall give subconsultant reasonable advance notice of
intended audits.
XVII1. EXHIBITS
Both parties agree to the following exhibits and as such, the following exhibits are
made a part of this Agreement:
Exhibit "A" Project Schedule
Exhibit "B" Basic Engineering Services
Exhibit "C" Special Engineering Services
Exhibit "D" Additional Engineering Services
Exhibit "E" Services to be Provided by the City
Exhibit "F" Compensation
Exhibit "G" Conflict of Interest Questionnaire
XIX. MISCELLANEOUS
A. Authorization to Proceed. Signing this Agreement shall be construed as
authorization by CITY for ENGINEER to proceed with the work, unless otherwise
provided for in the authorization.
B. Legal Expenses. The parties hereto waive any claim they may have for attorney
fees in any litigation arising out of this contract or the failure of either party to
comply with the terms of such contract.
C. Notices. Any notice or correspondence required under this Agreement shall be
sent by certified mail, return receipt requested, or by personal delivery and shall
be effective upon receipt, if addressed to the party receiving the notice or
correspondence at the following address:
If to ENGINEER:
Baird, Hampton & Brown, Inc.
Attn: John W. Baird, Jr.
6300 Ridglea Place, Suite 700
Fort Worth, Texas 76116
If to CITY:
City of North Richland Hills
Attn: Mr. Mike Curtis, P.E.
Managing Director
7301 N.E. Loop 820
North Richland Hills, Texas 76180
D. Independent Contractor. ENGINEER shall perform services hereunder as an
independent contractor, and not as an officer, agent, servant or employee of the
CITY and ENGINEER shall have the exclusive right to control services performed
hereunder by ENGINEER, and all persons performing same, and shall be
responsible for the negligent acts and omissions of its officers, agents,
employees, and subconsultants. Nothing herewith shall be construed as creating
a partnership or joint venture between CITY and ENGINEER, its officers, agents,
employees and subconsultants; and the doctrine of respondent superior has no
application as between CITY and ENGINEER.
E. Venue. This Agreement shall be governed by the laws of the State of Texas, and
venue in any proceeding relating to this Agreement shall be in Tarrant County,
Texas.
F. Entire Agreement. This Agreement represents the entire and integrated
agreement between CITY and ENGINEER and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both CITY and ENGINEER.
G. Severability. If any provision in this Agreement shall be held illegal by a valid
final judgment of a court of competent jurisdiction, the remaining provisions shall
remain valid and enforceable.
H. Assignment. CITY and ENGINEER each bind themselves, their heirs,
successors and assigns, to the other party to this Agreement and to the
successors and assigns of each other party in respect to all covenants of this
Agreement. This Agreement is not to be assigned, sublet or transferred, in whole
or in part, by either CITY or ENGINEER without the prior written consent of the
other party.
I. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it
has made full disclosure in writing of any existing conflicts of interest or potential
conflicts of interest, including personal financial interests, direct or indirect, in
property abutting the PROJECT and business relationships with abutting
property owners. ENGINEER further warrants that it will make disclosure in
writing of any conflicts of interest which develop subsequent to the signing of this
Agreement and prior to final payment under this Agreement.
This Agreement is executed in two (2) counterparts.
IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this
the _ day of '20—.
CITY OF NORTH RICHLAND HILLS BAIRD, HAMPTON & BROWN, INC.
(CITY) (ENGINEER)
By By:
Mark Hindman, City Manager John W. Baird, Jr., Principal
Date: Date:
Attest: Attest:
City Secretary Notary Public in and for the State of
Texas
Type or Print Notary's Name
My Commission Expires:
CITY SEAL CORPORATE SEAL
EXHIBIT A
PROJECT SCHEDULE
FOR
MEADOWVIEW ESTATES CHANNEL DRAINAGE IMPROVEMENTS
PROJECT SCHEDULE
The Scope of Services for this PROJECT is based on the following schedule:
Activity Due Date
City Council Approves Contract September 27, 2010
Project Kick -Off Meeting Week of October 11, 2010
Geotech & Survey Complete December 13, 2010
Concept Plans to City November 29, 2010
Neighborhood Meeting Week of December 13, 2010
Submit 75% Construction Plans May 9, 2011
Neighborhood Meeting Week of May 30, 2011
Complete Final Plans July 8, 2011
Advertise for Construction Bids Weeks of August 8 & 15, 2011
Open Construction Bids Week of August 29, 2011
Begin Construction Early November 2011
EXHIBIT B
BASIC ENGINEERING SERVICES
FOR
MEADOWVIEW ESTATES CHANNEL DRAINAGE IMPROVEMENTS
The scope of work for BASIC Engineering Services involves Concept Design, Project
Plans, Specifications and Estimates on Channels, Bridges and Storm Drainage.
I. GENERAL
A. Design Meetings
1. The ENGINEER will meet with the CITY's staff during the Concept,
30 %, 75 %, 95% and Final Plan phases of the PROJECT.
2. The ENGINEER will assist the CITY's staff in a meeting with
adjacent property owners during the Concept and 75% complete
phase of the PROJECT.
B. Project Management, Administration and Coordination
1. The ENGINEER will establish and maintain PROJECT schedules
and budgets, develop monthly progress reports, prepare invoices,
and meet with other entities on an as needed basis for the duration
of the PROJECT's design.
2. Supervision of Subconsultants
The ENGINEER will establish a work program and schedule for
each subconsultant at the beginning of each phase /section of the
PROJECT. The ENGINEER will be responsible for the
coordination, supervision, review and incorporation of work
performed by subconsultants.
C. Data Collection
1. The ENGINEER will collect, compile and evaluate existing data
collected from the CITY, or other entities that supply needed
existing information for the design of the PROJECT.
2. DigTess will be notified prior to beginning the survey. Utilities
identified by pin flags on the ground will be included in the survey
data collected.
3. A location map /schematic will be provided with the Concept Plans
to the affected utility companies. These plans will be used by the
utility companies to show approximate locations of their facilities
which are or may be affected by the PROJECT.
4. The ENGINEER will make every effort to obtain As -Built Drawings,
Record Drawings and /or future plans for the following facilities in
the PROJECT area including (but not limited to):
i. Box Culverts
ii. Roadway
iii. Water Lines
iv. Sanitary Sewer Lines
V. Storm Drain Lines
vi. Southwestern Bell Underground and /or Overhead Lines
vii. Electric Underground and /or Overhead Lines
viii. Gas Lines
ix. Other Utilities Known to Serve the PROJECT Area
5. The ENGINEER will identify potential utility conflicts and provide
this information to utility companies at the 75% complete phase.
II. CONCEPT DESIGN PHASE
A. Channel Plans
1. Drainage area maps will be prepared at a minimum scale of 1" _
500', using available contour maps. Sub - drainage areas will be
determined along with the future land use and the existing Web Soil
Survey Data. The expected runoff from the fully developed
watershed will be calculated in accordance with City drainage
criteria.
2. Channel Plan sheets and typical cross - sections, will be created.
3. Typical retaining wall concepts will be created.
B. Quantities and Cost Estimate
1. PROJECT quantities will be calculated and tabulated for inclusion
in the bid proposal and cost estimates.
2. The ENGINEER's opinion of probable construction costs will be
prepared for the entire PROJECT using current unit cost data.
C. Submit Concept Plans for Review
1. Submit five (5) sets of concept plans for CITY review.
2. Submit plans to utility companies for review.
3. Conduct a Neighborhood Meeting to brief the property owners on
the proposed plan.
III. FINAL DESIGN PHASE
A. Prepare 30% Design Plans
1. Incorporate CITY review comments and directives from the
Concept Design plans.
2. Channel Plan /Profile sheets will be created.
3. Utility layout revisions will be created.
4. Hydraulic profile will be added
5. Landscape plan sheets will be added with conceptual growth areas
6. Update Quantities and Cost Estimate
7. Submit five (5) sets for CITY review
B. Prepare 75% Design Plans
1. Incorporate CITY review comments and directives from the 30%
Design plans.
2. Incorporate retaining wall design
3. Update Channel Plan /Profile sheets and Utility layout sheets
4. Create Storm Drain profiles
5. Create Bridge and Street plan /profile sheets
6. Update Quantities and Cost Estimate
7. Submit five (5) sets for CITY review
8. Conduct a Neighborhood Meeting to update affected owners.
C. Prepare 95% Design Plans
1. Incorporate CITY review comments and directives from the 75%
Design plans.
2. Incorporate final hydraulic profiles
3. Create details for items not covered by City Standard Details
4. Provide final bridge, ramp, street and landscape design
5. Prepare Contract Documents and Specifications
6. Submit plans to utility companies for review and action
7. Submit five (5) sets for CITY review
D. Prepare Final Bid Documents
1. Incorporate CITY review comments and directives from the 95%
Design plans.
2. Provide final hydraulic models
3. Provide final plans, specifications, and cost estimates
4. Submit two (2) sets of final bid documents for CITY review and
approval.
IV. CONSTRUCTION PHASE
A. Assist the CITY in the advertisement of the PROJECT for bid. The CITY
shall bear the cost of advertisement. The ENGINEER shall provide all
necessary printing of construction plans, specifications and contract
documents for use in obtaining bids, awarding contracts, and constructing
the PROJECT. The ENGINEER shall be responsible for dispersing all
plans and specifications from its office to prospective bidders.
B. Assist the CITY in the opening and tabulation of the construction bids for
the PROJECT and recommend to the CITY as to the proper action on all
proposals received.
C. Assist in the preparation of formal Contract Documents and in
coordinating their execution by the respective parties.
D. Represent the CITY in the non - resident administration of the PROJECT.
In this capacity, the ENGINEER shall have the authority to exercise
whatever rights the CITY may have to disapprove work and materials that
fail to conform to the Contract Documents when such failures are brought
to the ENGINEER's attention. (This function of ENGINEER shall not be
construed as supervision of the PROJECT and does not include on -site
activities other than occasional site visits to observe overall PROJECT
conditions or when specifically requested by CITY to visit on site for a
particular matter. It particularly does not involve exhaustive or continuous
on -site inspection to check the quality or quantity of the work or material;
nor does it place any responsibility on the ENGINEER for the techniques
and sequences of construction or the safety precaution incident thereto,
and ENGINEER will not be responsible or liable in any degree for the
Contractor's failure to perform the construction work in accordance with
the Contract Documents.)
E. Consult and advise the CITY; issue such instructions to the Contractor as
in the judgment of the ENGINEER are necessary; and prepare routine
change orders as required.
F. Review samples, catalog data, schedules, shop drawings, laboratory,
shop and mill tests of material and equipment and other data which the
Contractor is required to submit, only for conformance with the design
concept of the PROJECT and compliance with the information given by
the Contract Documents; and assemble written guarantees which are
required by the Contract Documents.
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G. Prepare or review monthly and final estimates for payments to Contractor,
and furnish to the CITY any necessary certifications provided by the
Contractor, as to payments to subcontractors and suppliers.
H. Conduct, in company with the Contractor, a final inspection of the
PROJECT for conformance with the design concept of the PROJECT and
compliance with the Contract Documents; and approve in writing final
payment to the Contractors.
I. Revise contract drawings, with the assistance of the CITY's Resident
PROJECT Representative to reflect available information as to how the
work was constructed. The CITY's Resident PROJECT Representative will
provide the ENGINEER a red -lined set of drawings depicting changes
during construction. The ENGINEER shall revise original design drawings,
noting changes during construction, and submit three (3) sets of Record
Drawings and one CD -ROM (in AutoCAD, ArcINFO and pdf format) to the
CITY.
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EXHIBIT C
SPECIAL ENGINEERING SERVICES
FOR
MEADOWVIEW ESTATES CHANNEL DRAINAGE IMPROVEMENTS
The scope of work for SPECIAL Engineering Services involves providing the necessary
Surveying and Geotechnical Services for Design as well as a Nationwide Section 404
Permit, Conditional Letter of Map Revision and a Letter of Map Revision. The scope of
work for the Special Engineering Services is more generally described as follows:
I. SURVEYING
A. Establish Survey Control
Establish survey control along the selected concept route as necessary. These
control points will be established based on and tied to established CITY
horizontal and vertical control points. The horizontal control for the PROJECT
will be established on the State Plane Coordinate System (NAD'83 Surface
Coordinates) from CITY monumentation. Control points will be established using
GPS and /or conventional surveying methods.
B. Surveying for Engineering Design
Perform necessary surveying operations for the complete design of the project as
outlined in this Scope of Services. Surveying shall include the following:
a. Locate Drainage ROW or easement and topographically survey visible
surface features within 20 -feet either side of the ROW or easement. Locate
property corners sufficient to determine location of ROW or easement and
any platted easements that are within or crossing the drainage easement.
b. Topographically survey will include:
1. FINISHED FLOOR ELEVATIONS OF ADJACENT HOMES
2. CONCRETE FLAT WORK
3. CONCRETE CURB
4. CONCRETE CHANNEL
5. PAVEMENT (STREET OR DRIVEWAY)
6. UTILITY POLES
7. SIGN POSTS
8. WATER VALVE BOX LIDS
9. MANHOLE LIDS
10. MANHOLE INVERTS
11. CURB INLET CORNERS
12. CURB INLET INVERTS
13. TREES (6" and larger)
14. FENCES / WALLS / DECKS
c. Record elevation data at visible break lines and at a minimum of every
100 feet.
C. Existing Underground and /or Overhead Utilities
Utility owner's will be contacted, on an as needed basis, and requested to assist
in locating existing utilities identified for the PROJECT. Above ground features of
existing utilities within the limits of the PROJECT will be surveyed as noted
above. The location of utilities between above ground features will be
determined from visual inspection, utility records, and /or from locations
determined by the respective utility companies. The utilities will be tied to the
PROJECT control points and depths determined in sufficient detail to identify
potential conflicts with proposed construction.
II. GEOTECHNICAL ENGINEERING
A. BASIC SERVICES
Experienced drillers and technicians will evaluate subsurface conditions
with a total of 4 sample borings to a minimum depth of 12 feet below
existing grades.
The field personnel will drill the borings using truck - mounted equipments.
Cohesive and non - cohesive soil samples will be obtained using 3 -inch
diameter Shelby tube samplers and 2 -inch diameter standard split -spoon
samplers, respectively. In addition, rock encountered will be evaluated by
use of Texas Department of Transportation (TXDOT) cone penetration
tests. A soils logger will extrude the samples in the field, check the
samples for consistency with a hand penetrometer, carefully wrap them to
preserve their condition, and return them to the laboratory for testing. A
log of each boring will be prepared to document field activities and results.
The ENGINEER will stake the boring locations using normal taping
procedures. Approximate locations of the borings will be shown on the
plan of borings. Precise surveying of boring locations and elevation is not
included. At the completion of drilling operations, boreholes will be
backfilled with drill cuttings and plugged at the surface by hand tamping.
B. LABORATORY SERVICES
Considering the planned facilities, anticipated soil conditions and geology,
laboratory tests will be required for classification purposes, and to
determine strength characteristics. The following types of tests are
therefore recommended:
1. Moisture content and soil identification
2. Liquid and plastic limit determinations
3. Unconfined compression tests on soil
4. Unit weight determinations
5. Absorption pressure and /or one -point pressure swell tests
6. Direct shear tests
The specific types and quantities of tests will be determined based on
geological conditions encountered in the borings.
C. ENGINEERING SERVICES
An engineering report will be prepared to present the results of the field
and laboratory data together with analyses of the results and
recommendations. Three copies of the report will be provided. The report
will address:
1. General soil and ground -water conditions
2. Comments on general soil /rock excavatability
3. Recommendations for foundation type, depth and allowable loading
4. Foundation construction requirements
5. Recommended lateral pressures for the design of below -grade
walls and retaining structures
6. Evaluation of swell characteristics of the subgrade soils
7. Global slope stability analysis of new channel configuration
8. Earthwork recommendations
III. SECTION 404 NATIONWIDE PERMIT
A. Existing channel data will be documented as well as past maintenance for
the channel.
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B. Existing natural high water marks will be documented and the channel will
be reviewed for signs of wetland vegetation.
C. Stream distance, vegetation, hydrology and soil types will be compiled
along with photos to document existing conditions.
D. A report will be submitted to the Army Corps of Engineers requesting a
Nationwide Permit be authorized for maintenance of the existing channel.
IV. CLOMR
A. Existing FIS data for the subject creek will be obtained from the City as
well as FEMA.
B. The hydrology will be updated to calculate fully developed flows based on
the future land use map. The CLOMR however will use the existing FIS
flow rates.
C. Exhibits for the hydraulic analysis will include watershed and channel work
maps, annotated firm and revised profiles.
D. The study will then be compiled as customary with the MT -2 application
forms, summary tables and narrative and bound in to an application
document. The application will then be sent to FEMA along with the
application fee.
E. This proposal will include generating a property owner notification
document and providing the city with a list of owners to contact. The
actual mail out and newspaper notification will be provided by the city.
The limits of this study are from Little Bear Creek to the upstream limits of
the project or as required by FEMA regulations.
V. LOMR
A. Existing approved CLOMR data for the subject creek will be used or the newest
FIS data will be obtained from the City as well as FEMA.
B. The existing FIS model will be checked for errors and if required, a corrected
model will be prepared.
C. The Pre - project multiple profiles and floodway models will be updated based on
record drawings.
D. Exhibits for the hydraulic analysis will include hydraulic work maps, annotated
firm and revised profiles.
E. The study will then be compiled as customary with the MT -2 application forms,
summary tables and narrative and bound in to an application document. The
application will then be sent to FEMA along with the application fee.
F. This proposal will include generating a property owner notification document and
providing the city with a list of owners to contact. The actual mail out and
newspaper notification will be provided by the city. The limits of this study are
from Little Bear Creek to the upstream limits of the project or as required by
FEMA regulations.
EXHIBIT D
ADDITIONAL ENGINEERING SERVICES
FOR
MEADOWVIEW ESTATES CHANNEL DRAINAGE IMPROVEMENTS
I. ADDITIONAL Engineering Services, not included in the scope of work, include
those services that may result from significant changes in the general scope,
extent or character of the PROJECT or its design including, but not limited to,
changes in size, complexity, CITY's schedule, character of construction or
method of financing; and revising previously accepted studies, reports, design
documents or Contract Documents when such revisions are required by changes
in laws, rules, regulations, ordinances, codes or orders enacted subsequent to
the preparation of such studies, reports or documents, or are due to any other
causes beyond ENGINEER's control.
II. ADDITIONAL Engineering Services not included in the scope of work, also
include assistance to the CITY in connection with bid protests, rebidding or
renegotiating contracts for construction, materials, equipment or service, or
preparing to serve or serving as a consultant or witness for CITY in any litigation,
arbitration or other legal proceeding involving the PROJECT.
III. ADDITIONAL Engineering Services not included in the Scope of Work, also
include:
A. Incorporating bid alternates from the Briarwood Addition Drainage
Improvements into these bid documents. The alternates were not
previously awarded with the Briarwood project due to budget constraints.
If this service is required, it will need to be authorized in writing by the
CITY prior to the ENGINEER initiating the work necessary to include the
Alternates into the PROJECT's construction documents. The
compensation for this additional service will be Four Thousand Five
Hundred Dollars ($4,500.00).
B. Obtain Section 404 Individual Permit. If an Individual permit is required, it
is significantly more work than a Nationwide Permit. If an Individual
Permit is required by the Army Corps of Engineers, CITY authorization will
be required in writing prior to the ENGINEER initiating the work required to
obtain a Section 404 Individual Permit. The compensation for this
additional service will be Twenty -Five Thousand Dollars ($25,000.00).
C. Create up to 15 separate easements for expanding the existing Drainage
Easement / ROW. The expected design is to be contained within the
existing easement / ROW. If temporary construction easements or
I
permanent drainage easements are required, the exhibits and written
descriptions will be provided at the rate of $1,000 each. If this service is
required, it will require written authorization from the CITY prior to
commencing. The compensation for this service will be for up to 15
easements with a total compensation not exceeding Fifteen Thousand
Dollars ($15,000.00).
IV. ADDITIONAL Engineering services in connection with the PROJECT, including
services which are to be furnished by the CITY and services not otherwise
provided for in this Agreement will be at the following rates:
Principal $175 per hour Senior Land Surveyor $135 per hour
(RPLS)
Project Manager $150 per hour Land Surveyor (RPLS) $110 per hour
Sr. Engineer $125 per hour Robotics Survey Crew $135 per hour
Engineer - PE $100 per hour GPS Survey Crew (2 -man) $170 per hour
Engineer - EIT $85 per hour GPS Survey Crew (1 -man) $130 per hour
Sr. Designer $100 per hour Survey Technician $85 per hour
Designer $85 per hour
CADD/ Drafting $60 per hour
Clerical $50 per hour
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EXHIBIT E
SERVICES TO BE PROVIDED BY THE CITY
FOR
MEADOWVIEW ESTATES CHANNEL DRAINAGE IMPROVEMENTS
The CITY will provide the following services to the ENGINEER in the performance of the
PROJECT upon request:
I. Provide any existing data the CITY has on file concerning the PROJECT, if
available.
II. Provide any available As -Built plans for existing streets and drainage facilities, if
available.
III. Provide any available As -Built plans for existing water and sanitary sewer mains,
if available.
IV. Assist the ENGINEER, as necessary, in obtaining any required data and
information from local utility companies.
V. Provide standard details and specifications in digital format.
VI. Assist the ENGINEER by requiring appropriate utility companies to expose
underground utilities within the Right -Of -Way or drainage easement, when
required.
VII. Give prompt written notice to ENGINEER whenever CITY observes or otherwise
becomes aware of any development that affects the scope or timing of the
ENGINEER's services.
EXHIBIT F
COMPENSATION
FOR
MEADOWVIEW ESTATES CHANNEL DRAINAGE IMPROVEMENTS
I. COMPENSATION
For and in consideration of the services to be rendered by the ENGINEER, the
CITY shall pay, and the ENGINEER shall receive the compensation hereinafter
set forth for the Design and Construction Phases of the work and additionally for
Special Engineering Services and /or Additional Engineering Services that are in
addition to the Basic Engineering Services. All remittances by CITY of such
compensation shall either be mailed or delivered to the ENGINEER's home office
as identified in the work authorization.
"Salary Cost" used herein is defined as the cost of salaries of ENGINEER's,
draftsmen, stenographers, survey men, clerks, laborers, etc. for time directly
chargeable to the PROJECT plus social security contributions, unemployment,
excise and payroll taxes, employment compensation insurance, retirement
benefits, medical and insurance benefits, sick leave, vacation, and holiday pay
applicable thereto.
A. Compensation for the Basic Engineering Services (Design and
Construction phases) shall be a lump sum fee of $220,250.
The Design phase portion of the Basic Engineering Services shall be
computed at 85% of the total Basic Services Charge; and the Construction
phase portion of the Basic Engineering Services shall be computed at
15% of the total Basic Engineering Services Charge.
Payment for the Design phase portion of the Basic Engineering Services
shall be due in monthly installments in the proportion to that part of the
services in the Design phase which have been accomplished. Final
payment for services authorized in the Design phase shall be due at the
completion of these services.
Payment for the Construction phase of the Basic Engineering Services
shall be due in monthly installments in proportion to the construction work
completed on the basis of the Contractor's monthly payment estimates.
Upon completion of all work authorized in the Construction phase, the
ENGINEER will be paid the remainder of the charge for this phase.
B. Compensation for Special Engineering Services not covered by the Basic
Engineering Services provided herein above shall be as follows:
Design Surveys: Lump Sum Fee of $35,750.00
Geotechnical Study & Report: Lump Sum Fee of $9,100.00
Nationwide 404 Permit Lump Sum Fee of $7,500.00
Conditional Letter of Map Revision Lump Sum Fee of $21,250.00
Letter of Map Revision Lump Sum Fee of $26,150.00
Direct Costs (Printing, Reproduction, etc.)
Xerox Copies: $0.10 /Page
Blueline Prints: $1.00 /Sheet
Plots (Bond or Velum): $10.00 /Each
Other Direct Costs Costs time a multiplier of 1.10
C. Compensation for Additional Engineering Services not covered by Basic
Engineering Services or Special Engineering Services provided herein
shall be as follows:
1. Incorporate Bid Alternates from Briarwood Drainage Improvements:
This is a lump sum fee for services noted in Exhibit D above.
Incorporate Alternates: Lump Sum Fee of $4,500.00
2. Individual Section 404 Permit:
This is a lump sum fee for services noted in Exhibit D above.
Individual Permit: Lump Sum Fee of $25,000.00
3. Prepare Easements:
This is a lump sum fee per easement for services noted in Exhibit D
above.
Prepare Individual Easement: Lump Sum Fee of $1,000.00
Each
4. For all of ENGINEER's personnel time applied to the Additional
Engineering Services and not itemized above, the following hourly
rates shall be used:
Principal $175 per hour Senior Land Surveyor (RPLS) $135 per hour
Project Manager $150 per hour Land Surveyor (RPLS) $110 per hour
Sr. Engineer $125 per hour Robotics Survey Crew $135 per hour
Engineer - PE $100 per hour GPS Survey Crew (2 -man) $170 per hour
Engineer - EIT $85 per hour GPS Survey Crew (1 -man) $130 per hour
Sr. Designer $100 per hour Survey Technician $85 per hour
Designer $85 per hour
CADD/ Drafting $60 per hour
Clerical $50 per hour
5. For all direct non -labor and /or subcontract expense, including
mileage, travel and living expenses at invoice or internal office cost
times a multiplier of 1.10.
Payments to the ENGINEER for authorized Additional Engineering
Services will be due monthly, upon presentation of monthly statement by
the ENGINEER for such services.
II. AUDIT AND SCOPE CHANGE
Cost budgets are set forth above and are subject to the audit provisions of this
Agreement, Section XVII: "Right to Audit ". It is also understood that the cost
budgets are based upon ENGINEER's best estimate of work and level of effort
required for the proposed scope of services. As the PROJECT progresses, it is
possible that the level of effort and /or scope may differ up or down from that
assumed. If there are no scope changes, the ENGINEER shall receive the full
amount of lump sum and unit price fees, regardless of the cost. If at any time it
appears that the cost budget may be exceeded, the ENGINEER shall notify the
CITY as soon as possible in writing.
If there is a scope change, the ENGINEER shall notify the CITY as soon as
possible in writing and shall include a revised scope of services, estimated cost,
revised fee schedule, and a revised time of completion. Upon negotiation and
agreement via a signed amendment by both parties, the cost budget, fee
schedule, and total budget will be adjusted accordingly.
CITY shall not be obligated to reimburse the ENGINEER for costs incurred in
excess of the cost budget. The ENGINEER shall not be obligated to perform on
any change in scope of work or otherwise incur costs unless and until the CITY
has notified the ENGINEER in writing that the total budget for Engineering
Services has been increased and shall have specified in such notice a revised
total budget which shall thereupon constitute a total budget for Engineering
Services for performance under this Agreement.
A detailed scope of work, total budget, and schedule will be prepared by the
ENGINEER and executed by the CITY if the ENGINEER is authorized to perform
any Additional Engineering Service(s).
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III. PAYMENT
Payments to the ENGINEER will be made as follows:
A. Invoice and Time of Payment
Monthly invoices will be issued by the ENGINEER for all work performed
under this Agreement. Invoices are due and payable on receipt. Invoices
will be prepared in a format approved by the CITY prior to submission of
the first monthly invoice. Once approved, the CITY agrees not to require
changes in the invoice format, but reserves the right to audit. Monthly
payment of the fee will be in proportion to the percent completion of the
total work (as indicated in Exhibit B: "Basic Engineering Services ", Exhibit
C: "Special Engineering Services" and Exhibit D: "Additional Engineering
Services ").
B. Upon completion of services enumerated in Exhibit B: "Scope of Basic
Engineering Services ", the final payment of any balance will be due upon
receipt of the final invoice.
EXHIBIT G
CONFLICT OF INTEREST QUESTIONNAIRE
FOR
MEADOWVIEW ESTATES CHANNEL DRAINAGE IMPROVEMENTS
[Conflict of Interest Questionnaire is on the following 2 pages.]
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire is being filed in accordance with chapter 176 OFFICE USE ONLY
of the Local Government Code by a person doing business with
Date Received
the governmental entity.
By law this questionnaire must be filed with the records
administrator of the local government not later than the 7th
business day after the date the person becomes aware of facts
that require the statement to be filed. See Section 176.006,
Local Government Code.
A person commits an offense if the person violates Section
176.006, Local Government Code. An offense under this
section is a Class C misdemeanor.
Name of person doing business with local governmental entity.
Kevin Miller
2
Check this box if you are filing an update to a previous filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing
authority not later than September 1 of the year for which an activity described in Section
176.006(a), Local Government Code, is pending and not later than the 7 th business day after the
date the originally filed questionnaire becomes incomplete or inaccurate.)
3 Describe each affiliation or business relationship with an employee or contractor of the local
governmental entity who makes recommendations to a local government officer of the local
governmental entity with respect to expenditure of money.
NONE
4 Describe each affiliation or business relationship with a person who is a local government officer
and who appoints or employs a local government officer of the local governmental entity that is the
subject of this questionnaire.
NONE
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity Page 2
5 Name of local government officer with whom filer has affiliation or business relationship.
(Complete this section only if the answer to A, B, or C is YES.)
This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer
has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income
from the filer of the questionnaire?
❑ YES ❑ NO
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of
the local government officer named in this section AND the taxable income is not from the local
government entity?
❑ YES ❑ NO
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local
government officer serves as an officer or director, or holds an ownership of 10 percent or more?
❑ YES ❑ NO
D. Describe each affiliation or business relationship.
6 Describe any other affiliation or business relationship that might cause a conflict of interest.
7
S ign atu re of person doing business with the governmental entity Date
Adopted 01/13/2006
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -2010
Presented by: Agenda No. F.0
Subject: GENERAL ITEMS
CITY OF
NORTH RICHLAND HILLS
Department: Municipal Court Council Meeting Date: 9 -27 -2010
Presented by: Debbie Durko Agenda No. F.1
Subject: GN 2010 -078 Approve a Teen Court Interlocal Agreement with the City of
Haltom City and the City of Watauga
Summary
The North Richland Hills Municipal Court staff recently met with the Judges and staff
from the Haltom City and Watauga Municipal Courts to discuss a possible joint services
program. The outcome of the meeting was an Interlocal Agreement to combine
services for the Teen Court Programs from the three cities. The Interlocal Agreement is
attached as a proposal to create the "Northeast Tarrant Teen Court" program between
the cities of North Richland Hills, Haltom City and Watauga.
General Description
The NRH Teen Court currently has 250 participants per year. The combined total of
Haltom City and Watauga would be approximately 250 participants per year. The
current program would expand from two evenings per month to three to allow more
participants in the program. Haltom City and Watauga will provide a Judge and Bailiff to
work the 12 additional sessions, and all sessions will be held at the North Richland Hills
Municipal Court. Haltom City and Watauga will fund the cost for NRH to hire a part time
Assistant Teen Court Coordinator to work with the current NRH Teen Court
Coordinator /Juvenile Case Manager to oversee the program. The assistant will also
work between the agencies to provide status reports.
The expansion of the program will benefit the Teen Court by allowing more
opportunities for youth to participate as volunteer attorneys and more opportunities for
youth to successfully complete the program because there are more sessions available.
The addition of a part-time position will also allow the current NRH Teen Court
Coordinator to focus more time on "Fail to Attend School" cases, which has been
requested by the Birdville Independent School District in recent years.
The goal of the Northeast Tarrant Teen Court will be to provide a quality of life amenity
to our community through the partnership of local resources.
Recommendation
Approval the attached Interlocal Agreement to create the Northeast Tarrant Teen Court
between the cities of North Richland Hills, Haltom City and Watauga.
STATE OF TEXAS §
§ INTERLOCAL AGREEMENT
COUNTY OF TARRANT §
THIS AGREEMENT is entered into this the I' day of October, 2010, by and between the
Cities of North Richland Hills, Haltom City, and Watauga, Texas, municipal corporations,
(hereafter referred to as "Cities" or "each participating City") the parties acting herein under the
authority and pursuant to the terms of Chapter 791, INTERLOCAL COOPERATION
CONTRACTS, Texas Government Code, for the purpose of establishing the terms under which a
Teen Court program will be established and funded.
WHEREAS, the City of North Richland Hills has a Teen Court program established and
operating and the Cities of Haltom City and Watauga desire to make this program available to
the residents of their respective cities; and,
WHEREAS, the Cities find that the terms and conditions set out herein for providing for the
operation of a Teen Court for the parties hereto is equitable and will provide benefits to each;
NOW THEREFORE,
WITNESSETH:
For and in consideration of the mutual promises and covenants herein made, the benefits flowing
to each of the parties hereto, and other good and valuable consideration, the Cities of North
Richland Hills, Haltom City, and Watauga, Texas do hereby contract and agree as follows:
SECTION 1. The Teen Court is a volunteer program which allows juvenile misdemeanor
offenders an alternative to the criminal justice system while allowing them to
assume responsibility for their own actions by involvement in the judicial
process and community service in order that their offenses will not be
recorded; bringing juvenile offenders before a jury of their peers and to the
community for constructive punishment which will provide the youths with an
understanding of the judicial system and a realization of their roles
(responsibilities) in the community.
SECTION 2. The City of North Richland Hills shall provide a court facility available for
holding Teen Court on Monday nights and provide a judge and bailiff for two
of such weekly sessions, employ a Part time Assistant Teen Coordinator to
administer and coordinate the activities of the Teen Court program and
provide office space for this position. The Part time Assistant Teen Court
coordinator will work under the supervision of the North Richland Hills
Juvenile Case Manager and shall be responsible for preparation of statistical
reporting to each agency. North Richland Hills will make "Go to My PC"
software licenses available to Watauga and Haltom City for use of software
supporting the Teen Court record system at its cost ($100.00 each) and each
city will acquire such licenses and grant access to their respective computer
systems so that the Part Time Assistant Teen Court Coordinator may maintain
the Teen Court records for each city on its own computer system.
SECTION 3. Haltom City and Watauga each agree to provide a Teen Court Judge and a
Bailiff for six Teen Court sessions per year.
SECTION 4. Haltom City and Watauga shall reimburse North Richland Hills for the cost of
the salary and benefits of the Part time Assistant Teen Court Coordinator plus
estimated supply costs. Such costs for salary, benefits and supplies is
$21,049.00 for the year beginning October 1, 2010. Haltom City agrees to pay
60 %, ($12,630.00 and Watauga agrees to pay 40% ($8,420.00).
SECTION 5. North Richland Hills has an existing Teen Court Advisory Board in its
jurisdiction with appointments to such board made by the City Council.
Haltom City and Watauga shall have the right to appoint one additional
member to such advisory board.
SECTION 6. This Agreement shall be for the initial period beginning October 1, 2010 and
ending September 30, 2011 upon execution of hereof by all parties hereto.
SECTION 7. Any party hereto may terminate its participation in this Agreement without
recourse or liability upon thirty (30) days written notice to the other parties.
Should either of the other two parties terminate their participation, North
Richland Hills may terminate this agreement or renegotiate with the remaining
party.
SECTION 8. This Agreement is made pursuant to Chapter 791 and Subchapter E, Chapter
418, Texas Government Code. It is agreed that in the execution of this
Agreement, no party waives any immunity or defense that would otherwise be
available to it, against claims arising from the exercise of governmental
powers and functions.
SIGNED AND EXECUTED this the day of , A.D., 2010, at
Tarrant County, Texas.
CITY OF NORTH RICHLAND HILLS
BY:
Mark Hindman, City Manager
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George Staples, City Attorney
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -2010
Presented by: Kristin Weegar Agenda No. F.2
Subject: GN 2010 -079 Approval of New Committee Members to the Youth Advisory
Committee
Summary
The Youth Advisory Committee (YAC) currently has 6 vacancies. Below is a
recommendation to fill all vacancies which will bring this committee back to the original
number.
Descri tion:
The Youth Advisory Committee (YAC) currently has 6 vacancies. The following new
members are recommended for appointment, each with a two -year term:
Rachel Becker - Birdville High School -Grade 11
Rebecca Cooper - Richland High School -Grade 9
Melissa Cruz — Birdville High School -Grade 11
Kaitlyn Gottlob- Fort Worth Christian -Grade 11
Ruby Hernandez — Birdville High School -Grade 11
Alicia Hindman — Birdville High School -Grade 11
These new appointments are in accordance with the Section 2 -171 of the Code of
General Ordinances.
Other YAC members who are good standing and will continue to serve on the
Committee include:
Dylan Barth- Birdville High School -Grade 9
Morgan Chaney - Richland High School -Grade 12
Mason Chaney- Richland High School- Grade 9
Kim Horany- Richland High School- Grade 11
Dhara Lad- Richland High School- Grade 12
Lynsey McDonald- Richland High School- Grade 12
Madeline Orr - Richland High School -Grade 12
Brandon Vinson - Richland High School -Grade 10
Megan Servage - Richland High School -Grade 11
Nicole Zajimovic - Richland High School -Grade 11
Recommendation
Approve recommendation for new committee members to the Youth Advisory
Committee for 2010/2011.
CITY OF
NORTH RICHLAND HILLS
Department: Finance Council Meeting Date: 9 -27 -2010
Presented by: Jimmy Cates Agenda No. F.3
Subject: PU 2010 -022 Award Bid #10 -038 for Solar Powered School Zone Flashing
Beacons to Republic ITS in the amount of $138,750.00
Summary
Council is being asked to award bid number 10 -038 to Republic ITS for the installation
of solar powered school zone flashing beacons at a cost of $138,750. Funding for this
project is being obtained from the American Recovery and Reinvestment Act (ARRA).
The City was awarded $584,900 from the Department of Energy in Energy Efficiency
Conservation Block Grants (EECBG) as part of the ARRA. The City has several projects
approved through the Grant including the project titled "Powered School Zone Flashing
Beacon Upgrades ". The project was approved by Council before submittal to the
Department of Energy. Funding for the project has been approved for $180,000.
General Description
This project will upgrade 40 school flashing beacons with solar power instead of direct
electrical connections and replace the beacons' incandescent light bulbs with LEDs.
This project will complete the upgrade of all 67 locations throughout the City adjacent to
school areas.
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 thirty (30) vendors. Four (4) bids were received.
Vendor /Firm Republic ITS Traffic Idea Roadway
Signals Construction Solution
Description Qt
'
Mobilization to the
project site, work 1 LS $1,750.00 $4,500.00 $10,043.00 $6,000.00
fully performed for
the sum.
Solar School
Flasher Beacon 40 EA $96,000.00 $124,200.00 $168,000.00 $96,000.00
Assembly
Installation 40 EA $20,000.00 $16,000.00 $21,000.00 $28,000.00
Screw -in anchor 40 Ea $21,000.00 $18,000.00 $30,800.00 $40,000.00
type foundations
TOTAL $138,750.00 $162,700.00 $229,843.00 $170,000.00
The Public Works Department has reviewed the bid proposals for Solar Powered
School Zone Flashing Beacons (10 -038). Republic ITS is currently under contract for
the inspection and maintenance of the City -owned street lights. The Public Works
Department has experienced quality workmanship and good response time when
working with Republic ITS.
Funding: 136- 8705 - 527- 83- 02/GR1075 Equipment
Recommendation
To award bid #10 -038 for Solar Powered School Zone Flashing Beacons to low bidder
Republic ITS in the amount of $138,750.00.
NItH
CITY OF NORTH RICHLAND HILLS PUBLIC WORKS
MEMO
TO: Jamie Brockway, Purchasing Agent
FROM: Jimmy Cates, Operations Manager
DATE: August 10, 2010
SUBJECT: Solar powered School Zone Plashing Beacons (10 -038)
The Public Works Department has reviewed the bid proposals for Solar Powered School Zone
Flashing Beacons (10 -038). Based upon our review and evaluation of the bids, the department
is recommending the following bid award:
. Republic ITS $ 138,750
Republic ITS works with the Public Works Department under contract for inspection and
maintenance of City -owned street lights. Republic ITS continues to maintain a good working
relationship with the City; therefore, the Public Works Department recommends award of this bid
to Republic ITS.
The account number/project number is:
135 - 8705 - 527.83 -02 /GR1075 Equipment
Please let me know if you have any questions.
f
r Jimmy Cates
Public Works Operations Manager
cc Gaylon Cremeen, Public Works Street supervisor
Douglas Dunn, Public Works Senior Traffic Technician
GGlblpwrn2010.177 t
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -2010
Presented by: Agenda No. G.0
Subject: EXECUTIVE SESSION ITEMS
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -2010
Presented by: Agenda No. G.1
Subject: Action on Any Item Discussed in Executive Session Listed on Work Session
Agenda
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -2010
Presented by: Agenda No. H.0
Subject: INFORMATION AND REPORTS
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -2010
Presented by: Councilman Tim Barth Agenda No. H.1
Subject: Announcements - Councilman Barth
Announcements
Join the North Richland Hills Police Department in celebrating the 27th Annual National
Night Out on the evening of October 5th. Residents are encouraged to turn on their
porch lights and gather with their neighbors to show unity against criminal activity.
Please contact the Police Department at 817 - 427 -7021 to register your neighborhood
event.
Keep NRH Beautiful is seeking volunteers for its annual Trash Bash litter cleanup event.
This year's Trash Bash will be held on Saturday, October 9th. Neighborhood
associations, businesses, church groups and student groups are encouraged to
participate. To volunteer or get more information, please call 817 - 427 -6651.
The North Richland Hills Public Library will hold its annual book sale from 9:00 a.m. to
4 :00 p.m. on Saturday, October 9th. Many of the books being sold are donations that
the library was unable to use in its collection. Other items were removed from the
collection throughout the year. All proceeds from the sale will go towards the purchase
of new books. The Library is located at 9015 Grand Ave. For more information, please
call 817- 427 -6814.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do.
Wayne Jarvis, Public Works Department — A resident called to thank Wayne for
retrieving and returning a lost wallet. The wallet had been left on the roof of a car and it
fell off without the driver's knowledge. Wayne witnessed the wallet being run over and
scattered on to Mid Cities Boulevard. He gathered up all of the contents and returned it
to the resident's house before anyone realized it was missing. The resident was very
happy for Wayne's honesty and service.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 9 -27 -2010
Presented by: Agenda No. H.2
Subject: Adjournment